[Federal Register Volume 60, Number 104 (Wednesday, May 31, 1995)]
[Notices]
[Pages 28434-28435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-13222]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
Pipeline Safety User Fees
AGENCY: Research and Special Programs Administration, (RSPA), DOT.
ACTION: Notice.
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SUMMARY: This notice announces that the fiscal year 1995 user fee
assessments for pipeline facilities were mailed to pipeline operators
the week of April 3, 1995.
FOR FURTHER INFORMATION CONTACT: Lisa Kokoszka, (202) 366-4554, U.S.
Department of Transportation, RSPA, Office of Pipeline Safety, 400
Seventh Street SW., Washington, DC, 20590, regarding the subject matter
of this notice.
SUPPLEMENTARY INFORMATION: The fee to be assessed for Natural Gas
Transmission, Hazardous Liquid and Liquefied Natural Gas (LNG) are as
indicated below:
Natural gas transmission pipelines: $95.57 per mile (based on
299,077 miles of pipeline).
Hazardous liquid pipelines: $47.03 per mile (based on 154,233 miles
of pipeline).
LNG is based on the number of plants and total storage capacity:
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Assessment/
Total storage capacity BBLS plant
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<10,000.................................................... = $1,250
10,000-100,000............................................. = 2,500
100,000-250,000............................................ = 3,750
250,000-500,000............................................ = 5,000
>500,000................................................... = 7,500
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Section 60301 of Title 49, U.S.C.,\1\ authorizes the assessment and
collection of pipeline user fees to fund the pipeline safety activities
conducted under 49 U.S.C. 60101 et seq. The Research and Special
Program Administration (RSPA) assesses each operator of regulated
interstate and intrastate natural gas transmission pipelines (as
defined in 49 CFR Part [[Page 28435]] 192), and hazardous liquid
pipelines carrying petroleum, petroleum products, anhydrous ammonia and
carbon dioxide (as defined in 49 CFR Part 195) a share of the total
Federal pipeline safety program costs in proportion to the number of
miles of pipeline each operator has in service. Operators of LNG
facilities are assessed based on total storage capacity (as defined in
49 CFR Part 193).
\1\ Formally section 7005 of the Consolidated Omnibus Budget
Reconciliation Act of 1985 (Pub.L. 99-272). The change in citation
is the result of the enactment, on July 5, 1994, of Pub. L. 103-272,
which codified various transportation laws.
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A final rule on hazardous liquid pipelines operating at 20 percent
or less of specified minimum yield strength (low stress pipelines), was
published in the Federal Register on July 12, 1994 (58 FR 12213, July
12, 1994). This rule became effective on August 11, 1994. Because of
this regulation, low stress pipeline mileage must be included in the
fiscal year 1995 user fee assessments. Low Stress Pipelines include
pipelines that carry highly volatile liquids (HVL), pipelines or
pipeline segments in populated areas, and pipelines or pipeline
segments in navigable waterways. Onshore rural gathering pipelines,
pipelines that operate at less than 20% of SMYS (non-HVL located
outside populated areas and navigable waterways), and other pipelines
excluded from regulation by 49 CFR 195, should not be included.
In accordance with the provisions of 49 U.S.C. 60301, Departmental
resources were taken into consideration for determining total program
costs. The apportionment ratio between gas and liquid is shown below:
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General program General program
Year(s) costs (gas) costs (liquid)
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1986-1990........................... 80%............. 20%
1991-1992........................... 75%............. 25%
1993................................ 75% (\3/4\ yr.). 25% (\3/4\ yr.)
60% (\1/4\ yr.). 40% (\1/4\ yr.)
1994................................ 60%............. 40%
1995................................ 75%............. 25%
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Comments: On Friday, February 3, 1995, a notice of agency action
and request for comments was issued (60 FR 6767, Feb. 3, 1995),
regarding proposed changes in administering user fee assessments. Seven
pipeline operators, one commenter acting as an agent for several
operators, and two major gas pipeline trade organizations opposed
collecting the fee twice within calendar year 1995. These commenters
stated that the budgets of most companies are prepared by calendar
year, and that companies have planned for only one assessment in 1995.
The commenters recommended moving the two assessment dates to 1996,
which would give companies time to plan their budgets.
Response: RSPA agrees that assessing the user fee twice in calendar
year 1995 may be burdensome for the pipeline operators. Therefore, RSPA
will assess only once in 1995. In 1996, RSPA will send out two
assessments. The first assessment in 1996 will be January 31, 1996, and
the second will be in the October-December 1996 timeframe. This should
provide ample budgetary preparation time.
Additional comments received by RSPA in response to the February 3,
1995, notice are currently being reviewed and will be addressed in the
near future.
Collection Dates: In accordance with the regulations of the
Department of the Treasury, user fees will be due 30 days after the
date of the assessment. Interest, penalties, and administrative charges
will be assessed on delinquent debts in accordance with 31 U.S.C. 3717.
Issued in Washington, DC on May 24, 1995.
Ana Sol Gutierrez,
Deputy Administrator, Research and Special Programs Administration.
[FR Doc. 95-13222 Filed 5-30-95; 8:45 am]
BILLING CODE 4910-60-P