[Federal Register Volume 61, Number 162 (Tuesday, August 20, 1996)]
[Rules and Regulations]
[Pages 43026-43027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21143]


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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-AC 83


Pressure Testing Older Hazardous Liquid and Carbon Dioxide 
Pipelines

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Final rule; extension of time for compliance.

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SUMMARY: This final rule extends the time for compliance with the 
requirements for pressure testing of older hazardous liquid and carbon 
dioxide pipelines. Plans for testing, which were to be completed by 
December 7, 1995, would now be required by December 7, 1997. The dates 
for actual completion of the testing, previously December 7, 1998, and 
December 7, 2001, are extended by one year. RSPA is extending these 
compliance dates to allow time to complete rulemaking based on the 
American Petroleum Institute's (API) petition for a risk-based 
alternative to the required pressure testing rule. RSPA will issue a 
proposed rule for a risk-based alternative to the existing pressure 
testing rule.

DATES: Effective Date: This rule is effective August 20, 1996.
    Compliance Dates: The deadline for complying with 
Sec. 195.302(c)(1) is extended to December 7, 1997. The deadline for 
complying with Sec. 195.302(c)(2)(i) is extended to December 7, 1999. 
The deadline for complying with Sec. 195.302(c)(2)(ii) is extended to 
December 7, 2002.

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:

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 has been given full 
consideration. A copy of the API proposal is available in the docket 
(Dockets Unit, Room 8421 at DOT Headquarters will be temporary closed 
from August 15 to September 15, 1996. During this period pipeline 
safety dockets will be available in Room 2335 of the DOT Headquarters). 
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 (59 FR 29379).
    RSPA has been working with the pipeline industry to develop a risk 
management framework for pipeline regulation and decided to evaluate 
the API proposal carefully. 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 has now decided to initiate rulemaking on the API proposal. A 
notice of proposed rulemaking will be published separately to 
accomplish this.

Notice of Proposed Rulemaking

    RSPA published a Notice of Proposed Rulemaking (NPRM) (Docket PS-
121; 60 FR 54328; October 23, 1995) proposing one year extension of the 
compliance deadline to plan and schedule pressure testing. In addition, 
RSPA recognized that a final rule on extended compliance dates could 
not be issued in time to forestall the burden on operators of preparing 
the plans because of late issuance of the final rule. Thus, RSPA 
announced that it would not enforce December 7, 1995, compliance date.
    RSPA held a meeting with API members on January 31, 1996, to 
clarify their proposal and held a public meeting on the API proposal on 
March 25, 1996. On May 8, 1996, RSPA briefed the Technical Hazardous 
Liquid Pipeline Safety Committee (THLPSSC) on the API proposal.
    RSPA received two written comments on the NPRM on the extension of 
the compliance deadline. Both favored an extension. RSPA also received 
several comments from the industry during the public meetings that all 
the compliance deadlines for the current pressure test rule should be 
extended. Industry argued that they were not sure of what changes RSPA 
might suggest in the present 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

[[Page 43027]]

the API proposal is conducted. These new compliance dates are as 
follows:
    Before December 7, 1997, plan and schedule testing;
    Before December 7, 1999, 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, 2002, 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 final rule 
under that order. Also, DOT does not consider the 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.

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(c) (1) and (2) are 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, 1997, 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).
    (2) For pipelines scheduled for testing, each operator shall--
    (i) Before December 7, 1999, pressure test--
    (A) Each pipeline identified by name, symbol, or otherwise that 
existing records show contains more than 50 percent by mileage of 
electric resistance welded pipe manufactured before 1970; and
    (B) At least 50 percent of the mileage of all other pipelines; and
    (ii) Before December 7, 2002, pressure test the remainder of the 
pipeline mileage.

    Issued in Washington, D.C. on August 14, 1996.
Kelley S. Coyner,
Deputy Administrator.
[FR Doc. 96-21143 Filed 8-19-96; 8:45 am]
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