[Federal Register Volume 64, Number 167 (Monday, August 30, 1999)]
[Proposed Rules]
[Pages 47157-47160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22330]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 192 and 195

[RSPA-97-2094]
RIN 2137--AC54


Pipeline Safety: Underwater Abandoned Pipeline Facilities

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: This proposal would require the last operator of an abandoned 
pipeline, offshore and, or, crossing under, over or through navigable 
waterways to submit a report of the abandonment to the Secretary of 
Transportation. This notice responds to a Congressional mandate. The 
results of this proposal would be a central depository of information 
about underwater abandoned pipelines.

DATES: Comments on the subject of this NPRM must be received on or 
before October 29, 1999.

ADDRESSES: Comments should identify the docket number of this NPRM, 
RSPA-97-2094, and be mailed to the Dockets Facility, U.S. Department of 
Transportation, Plaza 401, 400 Seventh Street SW, Washington, DC 20590-
0001. You should submit the original and one copy. If you wish to 
receive confirmation of receipt of your comments, you must include a 
stamped, self-addressed postcard. The Dockets facility is open from 
10:00 a.m. to 5:00 p.m., Monday through Friday, except on Federal 
holidays. In addition, the public may also submit or review comments by 
accessing the Docket Management System's home page at http://
dms.dot.gov. An electronic copy of any document may be downloaded from 
the Government Printing Office Electronic Bulletin Board Service at 
(202) 512-1661.

FOR FURTHER INFORMATION CONTACT: L.E. Herrick by telephone at 202-366-
5523, by fax at 202-366-4566, by mail at U.S. Department of 
Transportation, RSPA, DPS-10, 400 Seventh Street, SW, Washington, DC, 
20590, or via e-mail to [email protected] regarding this notice 
of proposed rulemaking. You may contact the Dockets Unit, 202-366-5046, 
for copies of this notice or material that is referenced herein.

SUPPLEMENTARY INFORMATION:

A. Background

    Underwater pipelines are being abandoned at an increasing rate as 
older facilities reach the end of their use. This trend is expected to 
continue. Presently, there is no one location where these records of 
abandonment are maintained. In 1992, Congress directed the Secretary of 
Transportation to require the last operator of an offshore pipeline 
facility or a pipeline facility crossing under, over, or through 
navigable waters to report the abandonment of that facility to the 
Secretary (49 U.S.C. 60108(c)(6)(B)). This report must contain 
reasonably available information about the facility and specify whether 
the facility has been abandoned properly according to applicable 
Federal and State requirements. Once these reports are filed by the 
operators they will be accessible to appropriate Federal and State 
agencies.
    We propose to fulfil this Congressional mandate by requiring 
operators who have abandoned underwater pipeline facilities to report 
information to the Secretary through the Research and Special Programs 
Administration's (RSPA) Associate Administrator for Pipeline Safety. 
The report would include all reasonably available information related 
to the facility, including information in the possession of a third 
party. The report would provide a consolidated information source for 
Federal agencies and State governments to assist in determining if 
current abandonment requirements are meeting public safety goals. The 
report would be due upon abandonment of the facility or, for those 
facilities abandoned prior to the

[[Page 47158]]

effective date of this rule, the report would be due one year from the 
effective date of this rule. The lead time prior to the implementation 
of this reporting requirement would provide the last operator with 
sufficient time to incorporate the reporting requirement into their 
operations.

B. Report Requirements

    All reasonably available information should be included. For 
example:
    Location: The geographic location of the endpoints and description 
of the line as used in the right of way permit and by Geographical 
Information System (GIS) coordinates.
    Size: The outside diameter and approximate length of the pipeline.
    Date of abandonment: The date the operator satisfied all the 
applicable State and Federal requirements for the abandonment.
    Method of abandonment: A statement describing the method of 
abandonment.
    Certification: A written statement by the last operator certifying 
that the facility has been abandoned according to all applicable State 
and Federal requirements.
    Service use: The year or years the facility was placed in service, 
and the primary product carried by the pipeline prior to abandonment.
    We expect that most operators will have the required information 
readily available. However we are particularly interested in receiving 
comments from the operators concerning the availability of the 
information. We are also interested in comments making recommendations 
on the criteria we should use to determine the scope of the provision 
for the operator to supply all information that is ``reasonably 
available''.
    We believe that most operators affected by this rule currently 
employ practices for abandoning pipelines which include some measure of 
reporting the abandonment. The requirements we are proposing for this 
report are expected to be sufficiently performance based to allow the 
operators to be able to forward information to us with a minimal of 
additional costs.
    In implementing these provisions, we would require that the report 
be sent by letter mail, e-mail, or fax to: Information Officer, 
Department of Transportation, Research and Special Programs 
Administration, Office of Pipeline Safety, 400 Seventh Street, SW, 
Washington, DC 20590, E-mail: [email protected], FAX: (202) 
366-4566.

Regulatory Analysis and Notices

A. E.O. 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866 and, therefore, is 
not subject to review by the Office of Management and Budget. The 
proposal is not considered significant under the policies and 
procedures of the Department of Transportation (44 FR 11034, February 
26, 1979).
    Those operators who abandoned pipelines after 1980 should have the 
required information to compile the abandonment report readily 
available because the operators have been retaining these records for 
other purposes. For these operators, it should take 15 to 30 minutes to 
compile and submit the abandonment report. For operators who have 
abandoned pipelines before 1980, where the data may not be readily 
available, some research may be required to compile the abandonment 
report. However, we believe that pre 1980 abandonments represent a 
small number of the total abandonments. Because a majority of the 
abandonments have occurred after 1980, we conclude that this regulation 
will have a minimal impact on the pipeline industry. For more details 
see the ``Paperwork Reduction Act'' section of this preamble.

B. Federalism Assessment

    The proposed rulemaking action would not have substantial direct 
effects on States, on the relationship between the Federal Government 
and the States, or on the distribution of power and responsibilities 
among the various levels of government. Therefore, in accordance with 
Executive Order 12612 (52 FR 41685, October 30, 1987), we have 
determined that this notice does not have sufficient Federalism 
implications to warrant preparation of a Federalism Assessment.

C. Executive Order 13084--Indian Tribal Governments

    We believe that revised regulations from this NPRM would have no 
significant or unique effect on the communities of Indian tribal 
governments when analyzed under the principles and criteria contained 
in Executive Order 13084 (``Consultation and Coordination with Indian 
Tribal Governments''). Therefore, the funding and consultation 
requirements of this Executive Order would not apply. Nevertheless, 
this NPRM specifically requests comments from affected persons, 
including Indian tribal governments, as to its potential impact.

D. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires each 
agency to review regulations and assess their impact on small entities 
unless the agency determines that a rule is not expected to have a 
significant impact on a substantial number of small entities. Based on 
its preliminary regulatory evaluation prepared in support of this 
proposal, RSPA certifies that this proposed rule would not have a 
significant economic impact on a substantial number of small entities. 
Although operators who have abandoned pipelines before 1980 may be 
required to perform approximately 8 hours of work to compile the data 
necessary to produce an abandoned pipeline report, we estimate that 
there are under 300 operators effected by such abandonments. Because 
the majority of reports required by this proposed regulation would 
require only 15-30 minutes of operator time per abandonment, the impact 
of this regulation will be minimal. The building of pipelines that 
cross navigable waterways is a very capital intensive operation that 
requires access to significant sums of working capital. It is unlikely 
that many small operators have such pipelines. Therefore, I certify, 
pursuant to section 605 of the Regulatory Flexibility Act (5 U.S.C. 
605), that this proposal will not, if implemented, have a significant 
economic impact on a substantial number of small entities. However, we 
are interested in receiving comments from any small business operators 
who believe otherwise. This certification is subject to modification as 
a result of a review of the comments received in response to this 
proposal.

E. Unfunded Mandates

    This proposed rule would not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It would not result in costs of 
over $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 objectives of the 
Congressional mandate.

F. Paperwork Reduction Act

    This notice of proposed rulemaking contains information collection 
requirements in 49 CFR 192.727 and 49 CFR 195.59 for the last operator 
of an abandoned underwater pipeline facility. The notice proposes the 
submission of a report to the Department of

[[Page 47159]]

Transportation regarding the abandonment of underwater pipeline 
facilities. This requirement will be submitted to the Office of 
Management and Budget (OMB) for approval under the Paperwork Reduction 
Act. Comments are specifically requested on the additional burden this 
requirement would likely impose upon the operators. Comments on the 
proposed information collection requirement should be submitted to the 
Office of Management and Budget, Office of Information and Regulatory 
Affairs, Washington, DC 20503, Attn: Desk Officer for Department of 
Transportation, Research and Special Programs Administration. We 
request that comments sent to OMB also be sent to our rulemaking 
docket.
    A copy of the Paperwork Analysis has been put in the docket, and is 
available for review and copying along with the preamble of this 
proposal. To summarize the conclusions of the paperwork analysis:

----------------------------------------------------------------------------------------------------------------
                                                                                      Time to
                                                                                    compile and
                                                      Number of reports             send report     Total hours
                                                                                    per segment
                                                                                      (hours)
----------------------------------------------------------------------------------------------------------------
Pipelines abandoned before 1980............  300................................            8              2,400
Pipelines abandoned 1980-1992..............  300................................            1                300
Pipelines abandoned after 1992.............  2000 (or 400 per year).............            0.25             500
                                                                                                 ---------------
    Total..................................  ...................................  ..............           3,200
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    The total cost of this proposal for all pipelines abandoned prior 
to 1992, assuming that the person compiling the report is paid $40 per 
hour, is $128,000. The reason for the reduction in the time to compile 
the report for more recently abandoned pipelines is that the 
information necessary to compile the report should be readily available 
because operators are generally compiling and maintaining this 
information as part of their normal operations. Data on pipelines 
abandoned after 1992 should be in a form that can be easily copied and 
sent to the Federal Government. Abandoned pipeline data for the period 
1980-1992 might require some more preparation before sending to the 
Federal Government and therefore is estimated to take one hour of 
operator time . We believe that the information for the reports for the 
period prior to 1980, is ``reasonably available,'' in most cases, if 
found within eight (8) hours of diligent searching.
    After 1992 operators were routinely maintaining reports of 
abandonment. We estimate that each year after 1992 will cost the 
industry $4,000 (400 reports  x  $40  x  1/4hour = $4,000.)

G. Impact on Business Processes and Computer Systems

    Many computers that use two digits to keep track of dates will, on 
January 1, 2000, recognize ``double zero'' not as 2000 but as 1900. 
This glitch, the Year 2000 problem, could cause computers to stop 
running or to start generating erroneous data. The Year 2000 problem 
poses a threat to the global economy in which Americans live and work. 
With the help of the President's Council on Year 2000 Conversion, 
Federal agencies are reaching out to increase awareness of the problem 
and to offer support. We do not want to impose new requirements that 
would mandate business process changes when the resources necessary to 
implement those requirements would otherwise be applied to the Year 
2000 problem.
    This NPRM does not propose business process changes or require 
modifications to computer systems. Because this NPRM apparently does 
not affect organizations' ability to respond to the Year 2000 problem, 
we do not intend to delay the effectiveness of the proposed 
requirements in this NPRM.

H. National Environmental Policy Act

    We have analyzed this action for purposes of the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) and have determined 
that this action would not significantly affect the quality of the 
human environment. An Environmental Assessment and a Finding of No 
Significant Impact are in the docket.

I. Regulation Identifier Number (RIN)

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Federal Regulations. The 
Regulatory Information Service Center publishes the Unified Agenda in 
April and October of each year. The RIN number contained in the heading 
of this document can be used to cross-reference this action with the 
Unified Agenda.

List of Subjects

49 CFR Part 192

    Hazardous liquid, Natural gas, Pipeline safety, Pipelines, 
Reporting and recordkeeping requirements.

49 CFR Part 195

    Ammonia, Carbon dioxide, Petroleum, Pipeline safety, Reporting and 
recordkeeping requirements.
    In consideration of the foregoing, RSPA proposes to amend parts 192 
and 195 of title 49 of the Code of Federal Regulations as follows:

PART 192--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

Subpart A--General

    1. The authority citation for part 192 would continue to read as 
follows:

    Authority: 49 U.S.C. 5103, 6102, 6104, 6108, 6109, 6110, 6113, 
and 6118; 49 CFR 1.53.

    2. Section 192.3 would be amended by adding a new definition in 
alphabetical order to read as follows:


Sec. 192.3  Definitions.

    Abandoned means permanently removed from service.
* * * * *
    3. Section 192.727 would be amended to add paragraph (g) to read as 
follows:


Sec. 192.727  Abandonment or inactivation of facilities.

* * * * *
    (g) For each abandoned offshore pipeline facility or each abandoned 
onshore pipeline facility that crosses over, under or through a 
navigable waterway, the last operator of that facility must file a 
report by mail, fax or e-mail to the Information Officer, Research and 
Special Programs Administration, Department of Transportation, Room 
7128, 400 Seventh Street, SW, Washington DC 20590; fax (202) 366-4566; 
e-mail, [email protected]. The information in the report must 
contain all reasonably available information related to the facility, 
including information in the possession of a third party. The report 
must contain the location, size, date, method of abandonment, and a 
certification that

[[Page 47160]]

the facility has been abandoned according to all applicable laws.

PART 195--[AMENDED]

    1. The authority citation for Part 195 would continue to read as 
follows:

    Authority: 49 U.S.C. 5103, 6102, 6104, 6108, 6109, 6118; 49 CFR 
1.53.

    2. Section 195.3 would be amended by adding a new definition in 
alphabetical order to read as follows:


Sec. 195.2  Definitions.

    Abandoned means permanently removed from service.
* * * * *
    3. Section 195.59 would be added to read as follows:


Sec. 195.59  Abandoned underwater facilities.

    For each abandoned offshore pipeline facility or each abandoned 
onshore pipeline facility that is crossing over, under, or through a 
navigable waterway, the last operator of that facility must file a 
report by mail, fax or e-mail to the Information Officer, Research and 
Special Programs Administration, Department of Transportation, Room 
7128, 400 Seventh Street, SW, Washington DC 20590; fax (202) 366-4566; 
e-mail, [email protected]. The information in the report must 
contain all reasonably available information related to the facility, 
including information in the possession of a third party. The report 
must include the location, size, date, method of abandonment, and a 
certification that the facility has been abandoned according to all 
applicable laws.
    4. Section 195.402(c) (10) would be revised to read as follows:


Sec. 195.402  Procedural manual for operations, maintenance, and 
emergencies.

* * * * *
    (c) * * *
    (1) * * *
    (10) Abandoning pipeline facilities, including safe disconnection 
from an operating pipeline system, purging of combustibles, and sealing 
abandoned facilities left in place to minimize safety and environmental 
hazards. For each abandoned offshore pipeline facility or each 
abandoned onshore pipeline facility that is crossing over, under, or 
through a navigable waterway, the last operator of that facility must 
file a report as specified in Sec. 195.59 of this part.
* * * * *
    Issued in Washington, DC on August 23, 1999.
Richard B. Felder,
Associate Administrator for Pipeline Safety.
[FR Doc. 99-22330 Filed 8-27-99; 8:45 am]
BILLING CODE 4910-60-P