[Federal Register Volume 62, Number 247 (Wednesday, December 24, 1997)]
[Rules and Regulations]
[Pages 67292-67293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-33289]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 194

[Docket No. PS-130; Amdt. 194-1]
RIN 2137-AD12


Pipeline Safety: Change in Response Plan Review Cycle

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

ACTION: Direct final rule.

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SUMMARY: This direct final rule changes the reporting cycle for 
facility response plan submissions to 5 years for operators who are 
required to submit facility response plans to RSPA. Pipeline operators 
were previously required to submit facility response plans every 3 
years.
    OPS is undertaking this change to improve safety by ensuring 
consistency between OPS requirements and those of the other federal 
agencies under the Oil Pollution Act of 1990, and encouraging the use 
of integrated plans, while easing the burden on the regulated 
community. The comments to the docket have fully supported this change.

EFFECTIVE DATES: This direct final rule takes effect February 23, 1998. 
If RSPA does not receive adverse comment or notice of intent to file an 
adverse comment by January 23, 1998, the rule will become effective on 
the date specified. RSPA will issue a subsequent notice in the Federal 
Register by February 9, 1998 after the close of the comment period to 
confirm that fact and reiterate the effective date. If an adverse 
comment or a 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 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.

ADDRESSES: Send comments in duplicate to the Dockets Unit, room 8421, 
Research and Special Programs Administration, U.S. Department of 
Transportation, 400 Seventh Street, S.W., Washington, DC 20590. 
Identify the docket number stated in the heading of this notice. All 
comments and docketed material will be available for inspection and 
copying in room 8419 between 8:30 a.m. and 5:00 p.m. each business day.

FOR FURTHER INFORMATION CONTACT: Jim Taylor, (202) 366-8860, or by e-
mail ([email protected]), regarding the subject matter of this 
Notice; or the RSPA Dockets Unit, (202) 366-5046, for copies of this 
final rule or other material in the docket. General information about 
OPS programs can be obtained by accessing OPS'' Internet home page at 
ops.dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    In recent years, several catastrophic oil spills have damaged the 
marine environment of the United States. These spills have resulted in 
extensive environmental impact, including the loss of fish and 
wildlife. In response to these catastrophic spills, Congress passed the 
Oil Pollution Act of 1990, 33 U.S.C. 2701-2761 (OPA 90). OPA 90 amended 
section 1321(j) of the Federal Water Pollution Control Act (FWPCA) (33 
U.S.C. 1251-1387), and established a new national planning and response 
system, including a requirement for the development of facility 
response plans.
    The FWPCA requires the President to issue regulations that require 
the operator of a tank vessel, an onshore facility, and certain 
offshore facilities, to prepare and submit to the President, a plan for 
responding, to the maximum extent practicable, to a worst case oil 
discharge and to a substantial threat of such a discharge. 33 U.S.C. 
1321(j)(5). The FWPCA also requires the President to review and approve 
facility response plans and periodic reviews of each plan. 33 U.S.C. 
1321(j)(5)(D).
    To be consistent with OPA 90 and FWPCA plan submission requirements 
of the Environmental Protection Agency and U.S. Coast Guard, RSPA is 
revising 49 CFR Sec. 194.121(b) to require a response plan to be 
resubmitted every 5 years for review and approval. For significant and 
substantial harm facilities, the plan shall be resubmitted 5 years 
after the latest approval date by RSPA. For substantial harm 
facilities, operators must resubmit the plan to RSPA 5 years after the 
date of initial submission and every 5 years thereafter.
    In the event there are no changes in the plan, the operator must 
submit a written certification to RSPA stating that there are no 
changes to the plan previously submitted to RSPA. Upon receipt of the 
certification, RSPA will review the existing plan and, for significant 
and substantial harm facilities, RSPA will re-approve the plan. 
Substantial harm facility plans will be reviewed only. Although the 
current 3-year cycle for all plans is ending, when this rule becomes 
effective there will be no requirement to

[[Page 67293]]

resubmit existing response plans until 2 years from now.

Regulatory History

    RSPA published an interim final rule (IFR) on January 5, 1993 (58 
FR 244). This interim final rule implemented provisions of OPA 90. With 
limited exceptions, this direct final rule applies to all onshore 
transportation-related oil pipelines whether or not such pipelines are 
exempt from existing Federal pipeline safety regulations or statutes. 
RSPA conducted a public meeting in New Orleans, Louisiana on January 
27, 1997, to solicit feedback from interested parties on implementation 
of the regulation and revisions to the IFR. A copy of the transcript of 
the public meeting is available in the docket. This direct final rule 
modifies the interim final rule, 49 CFR Part 194 (58 FR 244, January 5, 
1993). RSPA intends to issue a final rule for 49 CFR Part 194 at a 
later date.

Rulemaking Notices and Analyses

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This direct final rule is not a significant regulatory action under 
section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was 
not reviewed by the Office of Management and Budget (OMB). The direct 
final rule is not significant under the Regulatory Policies and 
Procedures of the Department of Transportation (44 FR 11034).

Executive Order 12612

    The direct final rule has been analyzed with the principles and 
criteria in Executive Order 12612 (``Federalism'') (52 FR 41685), and 
does not have sufficient federalism impacts to warrant the preparation 
of a federalism assessment.

Regulatory Flexibility Act

    Based on the facts available, I certify that this direct final rule 
will not have a significant economic impact on a substantial number of 
small entities.

Paperwork Reduction Act

    There are no new information collection requirements in this direct 
final rule. In fact, this rulemaking eases the paperwork burden on 
pipeline operators by reducing the reporting frequency from three to 
five years.

Unfunded Mandates Reform Act of 1995

    This direct final 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 goverments, in 
the aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the direct final rule.

List of Subjects in 49 CFR Part 194

    Oil pollution, Facility Response Plan, Pipeline safety.

    In consideration of the foregoing, RSPA amends part 194 of title 49 
of the Code of Federal Regulations as follows:
    1. The authority citation for Part 194 continues to read as 
follows:

    Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5) and (j)(6); 
sec. 2, E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 
1.53.

    2. Section 194.121(a) is revised to read as follows:


Sec. 194.121  Response plan review and update procedures.

    (a) Each operator shall review its response plan at least every 5 
years from the date of submission and modify the plan to address new or 
different operating conditions or information included in the plan.
* * * * *
    Issued in Washington, DC on December 16, 1997.
Kelley S. Coyner,
Acting Administrator.
[FR Doc. 97-33289 Filed 12-23-97; 8:45 am]
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