[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