[Federal Register Volume 65, Number 175 (Friday, September 8, 2000)]
[Rules and Regulations]
[Pages 54440-54444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22986]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 192 and 195

[RSPA-97-2094; Amdt. Nos. 192-89; 195-69]
RIN 2137--AC54


Pipeline Safety: Underwater Abandoned Pipeline Facilities

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule will require the last operator of an abandoned 
natural gas or hazardous liquid pipeline facility that is located 
offshore or crosses under, over or through a commercially navigable 
waterway to submit a report of the abandonment to the Secretary of 
Transportation. The results of this final

[[Page 54441]]

rule will be a Congressionally mandated central depository of 
information about underwater abandoned pipeline facilities that the 
Secretary of Transportation will make available to appropriate Federal 
and State agencies.

DATES: This rule becomes effective October 10, 2000.

FOR FURTHER INFORMATION CONTACT: You may 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 final rule. You may contact the Dockets Unit, 202-366-
5046, for copies of this final rule or material that is referenced 
herein.

SUPPLEMENTARY INFORMATION:

A. Background

    Underwater natural gas and hazardous liquid pipeline facilities 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:
    (A) The operator of a pipeline facility abandoned after October 24, 
1992, shall report the abandonment to the Secretary in a way that 
specifies whether the facility has been abandoned properly according to 
applicable United States Government and State requirements.
    (B) Not later than October 24, 1995, the operator of a pipeline 
facility abandoned before October 24, 1992, shall report to the 
Secretary reasonably available information related to the facility, 
including information that a third party possesses. The information 
shall include the location, size, date, and method of abandonment, 
whether the facility has been abandoned properly under applicable law, 
and other relevant information the Secretary may require. Not later 
than April 24, 1994, the Secretary shall specify how the information 
shall be reported. The Secretary shall ensure that the Government 
maintains the information in a way accessible to appropriate Government 
agencies and State authorities. 49 U.S.C. 60108(c)(6).
    On August 30, 1999 we published a notice of proposed rulemaking 
(NPRM) in the Federal Register (64 FR 47157). In this notice we 
proposed to implement this Congressional mandate by requiring all 
operators who have abandoned pipeline facilities offshore or crossing 
over under or through commercially navigable waterways to report that 
abandonment to the Secretary of Transportation 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.

NPRM Comments

    We received 11 comments to the proposal. Commenters included 
regulated natural gas distribution companies; refining companies; an 
interstate natural gas transmission company; natural gas companies 
engaged in exploration, development, production and gathering; a 
utility industry consortium; and industry trade organizations. These 
comments are available in the docket for this rulemaking.

Navigable Waterways

    Comment: Several commenters expressed the view that the term, 
``navigable waters,'' was open to various interpretations and should be 
more clearly described in the regulation.
    Response: We agree and have included a specific description in this 
final rule. Under this rule, the affected navigable waterways are those 
waterways ``where a substantial likelihood of commercial navigation 
exists.''
    Further guidance in determining the affected waterways is available 
in a geographic database of navigable waterways in and around the 
United States created by Oak Ridge National Laboratory and Vanderbilt 
University. The database, called the National Waterways Network, was 
created with input from the National Waterway GIS Design Committee, 
which is comprised of representatives of the U.S. Army Corps of 
Engineers, U.S. DOT's Bureau of Transportation Statistics (BTS), Volpe 
National Transportation Systems Center, Maritime Administration, 
Military Traffic Management Command, Tennessee Valley Authority, U.S. 
Environmental Protection Agency, U.S. Bureau of Census, U.S. Coast 
Guard, and the Federal Railroad Administration. The database includes 
commercially navigable waterways and non-commercially navigable 
waterways. The database can be downloaded from BTS' website: http://www.bts.gov/gis/ntatlas/networks.html.
    We will include a map of the commercially navigable waterways 
portion of the National Waterways Network database in the National 
Pipeline Mapping System. Operators will be able to determine which 
areas of their pipeline intersect these designated commercially 
navigable waterways, and the public and other government agencies will 
be able to view pipelines in relation to commercially navigable 
waterways.

Colorado

    Comment: A commenter asked if there are any navigable waterways 
under this rule in the State of Colorado.
    Response: No.

Retroactive Requirement

    Comment: Several commenters alleged that a requirement to provide 
complete information for previously abandoned pipeline facilities was 
overly burdensome, if not impossible, because the regulations currently 
in effect require an operator to maintain records for the life of the 
pipeline facility and, once abandoned, the records are not generally 
kept.
    Response: The requirement for the last operator of a facility to 
report all reasonably available information, including that which a 
third party posses has been mandated by Congress. Therefore, we will 
require operators to provide any information that they have reasonably 
available for all pipelines which have been abandoned before October 
10, 2000. In order to reduce the burden and to provide sufficient time 
for operators to integrate the reporting requirements into their 
routine operations, the report for previously abandoned lines will be 
due six months from the effective date of the rule.

Multiple lines

    Comment: A commenter asked if one or multiple reports were required 
in a situation where a pipeline operator may be abandoning more than 
one pipeline facility.
    Response: The operator would be required to file separate reports 
for each abandoned pipeline facility.

Town Gas

    Comment: A commenter expressed the view that an unexpected, 
potential inclusion of some long abandoned ``town gas'' lines which 
have been abandoned for decades would be included in this rule and that 
such a requirement would place an impossible burden on many utility 
companies.
    Response: The retroactive reporting requirement is for information 
which is readily available to the operator.

Reporting Burden

    Comment: Many commenters agreed that the burden for reporting 
future abandonments would be slight,

[[Page 54442]]

although they believed that we had underestimated the actual response 
time.
    Response: In our cost benefit analysis for this final rule we have 
increased the estimated reporting time to 6 hours per report for future 
abandonments. This final rule does not require operators to expend 
resources locating information for previously abandoned lines that is 
not readily available.

Application

    Comment: A commenter recommended that the reporting requirement 
only apply to transmission lines.
    Response: The requirement applies to all lines subject to 49 CFR 
parts 192 and 195.

Certification

    Comment: A commenter asks if it is correct to assume that the 
required certification stating that the facility has been abandoned 
according to all applicable State and Federal requirements means that 
it was abandoned according to all applicable requirements at the time 
of abandonment and not current requirements.
    Response: Yes. A certification could state: ``To the best of my 
knowledge, I have provided all of the requested information that is 
reasonably available about the subject abandoned pipeline facility and, 
to the best of my knowledge, this abandoned pipeline facility was 
abandoned in accordance with all applicable State and Federal 
requirements in effect at the time of the abandonment.''

Technical Committee Consideration

    We presented the NPRM to the Technical Pipeline Safety Standards 
Committee (TPSSC) and the Technical Hazardous Liquid Pipeline Safety 
Standards Committee (THLPSSC) at a meeting in Washington, DC on 
November 3, 1999. The TPSSC is RSPA's statutory advisory committee for 
gas pipeline safety and the THLPSSC is RSPA's statutory advisory 
committee for hazardous liquid pipeline safety. Each committee has 15 
members, representing industry, government, and the public, who are 
qualified to consider the technical feasibility, reasonableness, cost-
effectiveness, and practicability of proposed pipeline safety 
standards. Although this final rule does not impose a safety standard, 
the THLPSSC voted 3 in favor and 5 against the proposal and the TPSSC 
voted 1 in favor and 10 against the proposal. A transcript and report 
of the committee's consideration of the NPRM is available in the 
docket.
    The technical advisory committees discussion centered on the cost 
effectiveness and reasonableness of the proposal. In this final rule we 
have addressed these concerns by further clarifying the intended scope 
of the rule, and have provided a more detailed description of 
commercially navigable waterways, We have also clarified that 
retroactive reports will be limited to that information which is 
readily available to the operator. We have also increased the potential 
for effective use of the information by requesting that the information 
on future abandonments be submitted in a manner which will yield 
uniform and statistically comparable data. Operators are requested to 
report abandonments to the National Pipeline Mapping System's National 
Repository. Incorporating this information into a national data base 
will reduce the costs of maintaining separate data on abandoned lines 
and increase the effective use of the information.
    Further advisory committee discussion addressed whether information 
on abandoned facilities could be obtained from other government 
agencies. We agree that a collection of information held by other 
agencies will augment the available information. We have initiated 
discussions with the Department of the Interior's Minerals Management 
Service, U.S. Army Corp of Engineers and the various States to 
determine if the information they currently hold is compatible with our 
information collection requirements.
    However, the Congressional mandate requires the Secretary of 
Transportation to collect the information from the operators and to 
make that information available to other Federal and State agencies.

B. Report Requirements

    The preferred method is to submit data on abandoned pipeline 
facilities to the National Pipeline Mapping System (NPMS) in accordance 
with the NPMS ``Standards for Pipeline and Liquefied Natural Gas 
Operator Submissions.'' To obtain a copy of the NPMS Standards, please 
refer to the NPMS homepage at www.npms.rspa.dot.gov or contact the NPMS 
National Repository at 703-317-3073. Digital data is preferred, but 
hard copy submissions are acceptable if they meet the NPMS Standards. 
In addition to the NPMS required attributes, operators are required to 
submit the date of abandonment, attributes for diameter, method of 
abandonment, and certification that the abandonment was completed 
according to applicable laws. Operators may refer to the NPMS Standards 
for details in preparing data submissions. The NPMS Standards also 
includes details of how to submit data and to whom. Alternatively, data 
may be submitted 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 the facility was abandoned 
according to all applicable laws.

Regulatory Analysis and Notices

A. E.O. 12866 and DOT Regulatory Policies and Procedures
    This final 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 rule is 
not considered significant under the policies and procedures of the 
Department of Transportation (44 FR 11034, February 26, 1979). Those 
operators who abandon pipeline facilities should have the required 
information to compile the abandonment report readily available because 
of the extensive pipeline abandonment procedures required by other 
agencies. The report on previously abandoned pipeline facilities is 
limited to readily available information on size, date of abandonment, 
method of abandonment, and whether the pipeline facility was abandoned 
in accordance with applicable laws in effect at the time of the 
abandonment.
    Further, several commenters stated that OPS underestimated the time 
to prepare and file the report. A commenter contended the report would 
take 4-8 hours. Assuming 400 abandonments per year, the cost of this 
rule would be $96,000 annually. (400 reports  x  6 hours = 2400 hours 
x  $40 hourly wage = $96,000). Because of the minimal cost of this rule 
no regulatory evaluation was necessary.
B. Federalism Assessment
    This final rule will 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

[[Page 54443]]

have determined that this rule 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 final rule 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.
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 
the estimated $96,000 annual cost of the rule (discussed above), RSPA 
believes this final rule would not have a significant economic impact 
on a substantial number of small entities. Because the average time to 
write a report required by this proposed regulation would be 6 hours of 
operator time per abandonment, the impact of this regulation will be 
minimal. Therefore, I certify, pursuant to section 605 of the 
Regulatory Flexibility Act (5 U.S.C. 605), that this final rule will 
not have a significant economic impact on a substantial number of small 
entities.
E. Unfunded Mandates
    This final rule will not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It will 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 final rule contains information collection requirements in 49 
CFR 192.727 and 49 CFR 195.59 for the last operator of an abandoned 
underwater pipeline facility. This requirement was previously approved 
by the Office of Management and Budget (OMB) under the Paperwork 
Reduction Act. The OMB approval number is 2137-0601. However, a revised 
paperwork reduction analysis has been submitted to OMB to reflect 
revised burden estimate numbers.
G. National Environmental Policy Act
    We have analyzed this final rule for purposes of the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) and have determined 
that this final rule will not significantly affect the quality of the 
human environment. An Environmental Assessment is in the docket.
H. 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 reference this action in 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 hereby amends parts 192 and 
195 of title 49 of the Code of Federal Regulations as follows:

Subpart A--General

PART 192--[AMENDED]

    1. The authority citation for Part 192 continues to read as 
follows:

    Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110, 
60113, and 60118; and 49 CFR 1.53.


    2. Section 192.3 is amended by adding the definition of Abandoned 
in alphabetical order to read as follows:


Sec. 192.3  Definitions.

* * * * *
    Abandoned means permanently removed from service.
* * * * *

    3. Section 192.727 is amended by adding paragraph (g) to read as 
follows:


Sec. 192.727  Abandonment or deactivation of facilities.

* * * * *
    (g) For each abandoned offshore pipeline facility or each abandoned 
onshore pipeline facility that crosses over, under or through a 
commercially navigable waterway, the last operator of that facility 
must file a report upon abandonment of that facility.
    (1) The preferred method to submit data on pipeline facilities 
abandoned after October 10, 2000 is to the National Pipeline Mapping 
System (NPMS) in accordance with the NPMS ``Standards for Pipeline and 
Liquefied Natural Gas Operator Submissions.'' To obtain a copy of the 
NPMS Standards, please refer to the NPMS homepage at 
www.npms.rspa.dot.gov or contact the NPMS National Repository at 703-
317-3073. A digital data format is preferred, but hard copy submissions 
are acceptable if they comply with the NPMS Standards. In addition to 
the NPMS-required attributes, operators must submit the date of 
abandonment, diameter, method of abandonment, and certification that, 
to the best of the operator's knowledge, all of the reasonably 
available information requested was provided and, to the best of the 
operator's knowledge, the abandonment was completed in accordance with 
applicable laws. Refer to the NPMS Standards for details in preparing 
your data for submission. The NPMS Standards also include details of 
how to submit data. Alternatively, operators may submit reports 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 the facility has been abandoned in accordance with all applicable 
laws.
    (2) Data on pipeline facilities abandoned before October 10, 2000 
must be filed by before April 10, 2000. Operators may submit reports 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 the facility has been abandoned in accordance with all applicable 
laws.

PART 195--[AMENDED]

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


[[Page 54444]]


    Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60118; 
and 49 CFR 1.53.


    2. Section 195.2 is amended by adding the definition of Abandoned 
in alphabetical order to read as follows:


Sec. 195.2  Definitions.

* * * * *
    Abandoned means permanently removed from service.
* * * * *

    3. Part 195 is ameneded by adding a new Sec. 195.59 to read as 
follows:


Sec. 195.59  Abandoned underwater facilities report.

    For each abandoned offshore pipeline facility or each abandoned 
onshore pipeline facility that crosses over, under or through a 
commercially navigable waterway, the last operator of that facility 
must file a report upon abandonment of that facility.
    (a) The preferred method to submit data on pipeline facilities 
abandoned after October 10, 2000 is to the National Pipeline Mapping 
System (NPMS) in accordance with the NPMS ``Standards for Pipeline and 
Liquefied Natural Gas Operator Submissions.'' To obtain a copy of the 
NPMS Standards, please refer to the NPMS homepage at 
www.npms.rspa.dot.gov or contact the NPMS National Repository at 703-
317-3073. A digital data format is preferred, but hard copy submissions 
are acceptable if they comply with the NPMS Standards. In addition to 
the NPMS-required attributes, operators must submit the date of 
abandonment, diameter, method of abandonment, and certification that, 
to the best of the operator's knowledge, all of the reasonably 
available information requested was provided and, to the best of the 
operator's knowledge, the abandonment was completed in accordance with 
applicable laws. Refer to the NPMS Standards for details in preparing 
your data for submission. The NPMS Standards also include details of 
how to submit data. Alternatively, operators may submit reports 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 the facility has been abandoned in accordance with all applicable 
laws.
    (b) Data on pipeline facilities abandoned before October 10, 2000 
must be filed by before April 10, 2001. Operators may submit reports 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 the facility has been abandoned in accordance with all applicable 
laws.

    4. Section 195.402(c)(10) is 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 crosses over, under or through 
commercially navigable waterways the last operator of that facility 
must file a report upon abandonment of that facility in accordance with 
Sec. 195.59 of this part.
* * * * *

    Issued in Washington, DC, on August 28, 2000.
John P. Murray,
Acting Deputy Administrator.
[FR Doc. 00-22986 Filed 9-7-00; 8:45 am]
BILLING CODE 4910-60-P