[Federal Register Volume 62, Number 203 (Tuesday, October 21, 1997)]
[Rules and Regulations]
[Pages 54591-54592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27740]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 195

[Docket No. PS-121; Amdt. 195-58]
RIN 2137-AD 05


Pressure Testing Older Hazardous Liquid and Carbon Dioxide 
Pipelines

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

ACTION: Direct final rule; extension of time for compliance.

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SUMMARY: This direct final rule extends the time for compliance with 
the requirements for pressure testing of older hazardous liquid and 
carbon dioxide pipelines. Plans for testing, or establish maximum 
operating pressure, which were to be completed by December 7, 1997, 
would now be required by December 7, 1998. The dates for actual 
completion of the testing, previously December 7, 1999, and December 7, 
2002, are also extended by one year. RSPA is extending these compliance 
dates to allow time to complete a rulemaking based on the American 
Petroleum Institute's (API) petition for a risk-based alternative to 
the required pressure testing rule. In a separate notice, RSPA intends 
to issue a proposed rule for a risk-based alternative to the existing 
pressure testing rule.

DATES: Effective date: This direct final rule takes effect January 20, 
1998. If RSPA does not receive any adverse comment or notice of intent 
to file an adverse comment by December 22, 1997, the rule will become 
effective on the date specified. RSPA will issue a subsequent document 
in the Federal Register by January 5, 1998, to confirm that fact and 
reiterate the effective date. If an adverse comment or notice of intent 
to file an adverse comment is received, RSPA will issue a timely notice 
in the Federal Register to confirm that fact and RSPA would withdraw 
the direct final rule in whole or in part. RSPA may then incorporate 
the adverse comment into a subsequent direct final rule or may publish 
a notice of proposed rulemaking.
    Compliance dates: The deadline that establishes regulations for 
planning and scheduling pressure testing is to be extended to December 
7, 1998. All other deadlines are extended by a year.

ADDRESSES: Written comments must be submitted in duplicate and mailed 
to the Docket Facility, U.S. Department of Transportation, Plaza 401, 
400 Seventh Street SW., Washington, DC 20590-0001. Comments should 
identify the docket number and the RSPA rulemaking number. All comments 
received before December 22, 1997, will be considered before final 
action is taken. Late-filed comments will be considered so far as 
practicable. All comments and other docketed material will be available 
for inspection and copying in room 401 Plaza between the hours of 10 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Mike Israni, (202) 366-4571, e-mail: 
[email protected], regarding the subject matter of this 
document, or the Dockets Unit (202) 366-9329, 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 was given full 
consideration. A copy of the API proposal is available in the docket. 
API argued 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 carefully 
evaluate the API proposal. 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 decided to initiate rulemaking on the API proposal. A notice 
of proposed rulemaking on risk-based alternative to pressure testing of 
older hazardous liquid and carbon dioxide pipelines is being published 
separately.
    RSPA published a Final Rule (Docket PS-121; 61 FR 43026; August 20, 
1996) extending the compliance deadline to plan and schedule pressure 
testing or establish maximum operating pressure to December 7, 1997. 
The dates for actual completion of testing were extended by one year.
    To determine merits of the API proposal, RSPA held a public meeting 
on March 25, 1996. On May 8 and November 6, 1996, and again on May 7, 
1997, RSPA briefed the Technical Hazardous Liquid Pipeline Safety

[[Page 54592]]

Committee (THLPSSC) on the API proposal and changes proposed by RSPA. 
RSPA also discussed those changes at the API conference on March 13, 
1997, in Dallas, Texas.
    RSPA received several comments from the industry during these 
meetings that all the compliance deadlines for the current pressure 
test rule should be extended. Industry argued that they were not sure 
what changes RSPA might suggest in the risk-based alternative 
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 the risk-based alternative is 
conducted. These new compliance dates are as follows:

--Before December 7, 1998, plan and schedule testing; or establish the 
pipeline's maximum operating pressure under Sec. 195.406(a)(5).
--Before December 7, 2000, 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, 2003, 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 direct final 
rule under that order. Also, DOT does not consider the direct 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.

Unfunded Mandates Reform Act of 1995

    This rule does not impose unfunded mandates under the Unfunded 
Mandates Reform Act of 1995. It does not result in costs of $100 
million or more to either State, local, or tribal governments, in the 
aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

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, paragraphs (c)(1), introductory text, and 
(c)(2)(i), introductory text, and (c)(2)(ii) are revised to read as 
follows:


Sec. 195.302  General requirements.

* * * * *
    (c) * * *
    (1) Before December 7, 1998, for each pipeline each operator 
shall--
* * * * *
    (2) * * *
    (i) Before December 7, 2000, pressure test--
* * * * *
    (ii) Before December 7, 2003, pressure test the remainder of the 
pipeline mileage.
* * * * *
    Issued in Washington, DC, on October 15, 1997.
Kelley S. Coyner,
Acting Administrator.
[FR Doc. 97-27740 Filed 10-20-97; 8:45 am]
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