[Federal Register Volume 67, Number 144 (Friday, July 26, 2002)]
[Proposed Rules]
[Pages 48844-48851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18908]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 195

[Docket No. RSPA-01-9832]
RIN 2137-AD59


Pipeline Safety: Hazardous Liquid Pipeline Operator Annual Report 
Form

AGENCY: Office of Pipeline Safety (OPS), Research and Special Programs 
Administration, Department of Transportation.

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice of proposed rulemaking (NPRM) would require 
hazardous liquid pipeline operators to submit an annual report 
(proposed form RSPA F7000-1.1). The report form asks for information 
that the Research and Special Programs Administration's (RSPA) Office 
of Pipeline Safety (OPS) does not currently collect, such as: breakout 
tank location and capacity; hazardous liquid pipeline mileage by State, 
diameter and decade installed. The report will be due March 15 of each 
year for the previous calendar year, aligning with the annual reporting 
schedule for natural gas pipeline operators. RSPA/OPS will use 
information from the report to more effectively compile national 
statistics on system inventory; analyze accidents; identify safety 
problems and potential solutions; and target inspections. The proposed 
form asks for information similar to information RSPA/OPS currently 
collects for natural gas pipelines. The proposed information collection 
is part of RSPA's/OPS's overall strategy for improving the quality of 
pipeline statistics and addresses a longstanding data gap in hazardous 
liquid pipeline inventory information.

DATES: Comments on this NPRM must be received on or before September 
24, 2002.

ADDRESSES: You may submit written comments by mail or in person by 
delivering an original and two copies to the Dockets Facility, U.S. 
Department of Transportation, Room PL-401, 400 Seventh Street, SW., 
Washington, DC 20590-0001. Or, you may submit written comments to the 
docket electronically at the following Web address: http://dms.dot.gov. 
See the SUPPLEMENTARY INFORMATION section for additional filing 
information.

FOR FURTHER INFORMATION CONTACT: Roger Little by phone at (202)366-
4569, by e-mail at [email protected], or by mail at the Office 
of Pipeline Safety, Room 7128, 400 7th St. SW., Washington, DC, 20590, 
regarding the subject matter of this notice or to access comments in 
the docket.

SUPPLEMENTARY INFORMATION:

Filing Information, Electronic Access, and General Program 
Information

    The Dockets facility is open from 10 a.m. to 5 p.m., Monday through 
Friday, except Federal holidays. All comments should identify the 
docket number of this notice, RSPA-01-9832. 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. 
To file written comments electronically, after logging onto http://dms.dot.gov, click on ``Electronic Submission'' and follow the 
instructions. You can read comments and other material in the docket at 
this Web address: http://dms.dot.gov. General information about our 
pipeline safety program is available at http://ops.dot.gov.

Background

RSPA Pipeline Safety Mission

    RSPA's/OPS's mission is to ensure the safe, reliable, and 
environmentally sound operation of the nation's approximately 154 
thousand miles of hazardous liquid pipelines. RSPA/OPS shares 
responsibility for inspecting and overseeing the nation's pipelines 
with State pipeline safety offices. Both Federal and State regulators 
depend on accident reports submitted by pipeline companies to manage 
inspection programs and to identify trends in hazardous liquid pipeline 
safety. In recent years, the U.S. Congress, the National Transportation 
Safety Board (NTSB) and the DOT's Office of the Inspector General (OIG) 
have urged RSPA/OPS to improve the quality of accident data required to 
be submitted by hazardous liquid pipeline operators and to seek 
inventory information sufficient for trending the accident data. RSPA/
OPS revised hazardous liquid accident reporting requirements on January 
8, 2002 (67 FR 831) as part of the strategy to improve pipeline

[[Page 48845]]

accident reporting. The proposed annual report form will provide 
information that will allow us to characterize the hazardous liquid 
pipeline infrastructure by decade installed, diameter, material, 
percentage able to accommodate internal testing devices, percentage 
tested by hydrotesting or other internal inspection technology, and 
other criteria needed by Federal and State pipeline safety offices and 
other interested parties.

Pipeline Safety Data

    RSPA/OPS maintains a hazardous liquid pipeline accident database 
that it uses to identify safety issues and to target risk-based 
inspections of hazardous liquid pipeline facilities. RSPA/OPS collects 
hazardous liquid pipeline accident information on RSPA Form F7000-1 
Accident Report--Hazardous Liquid Pipelines. This form has been in use 
since 1970, and has been revised twice; once in 1984 and again on 
January 8, 2002. The Accident Report form does not, however, collect 
inventory information necessary for trending the accident information 
or for determining the extent and type of hazardous liquid pipelines in 
operation in the United States.

NTSB Recommendation

    In its special investigation report PB96-917002 (January 23, 1996), 
the National Transportation Safety Board (NTSB) issued recommendation 
P-96-1 which directed RSPA/OPS to develop a comprehensive plan for the 
collection and use of gas and hazardous liquid pipeline accident data 
that details the type and extent of data to be collected, to provide 
RSPA/OPS with the capability to perform methodologically sound accident 
trend analysis and evaluations of pipeline operator performance using 
normalized accident data.
    The process of making elements of data comparable for comparison 
purposes (as, for example, in finding a common denominator) is known as 
``normalizing'' the data.

Congressional Recommendations

    Recent pipeline accidents focused attention of the regulators, 
Congress, the media, and the public on the need for better pipeline 
safety information. Congress advised RSPA/OPS to take quick action to 
improve the quantity, quality, and usefulness of safety information to 
better perform its safety mission.

Industry Recognition of the Need for Better Information

Joint Industry/State/Federal Data Team
    RSPA/OPS has worked jointly with an industry/State/Federal team 
since 1997 to examine the need for improved hazardous liquid pipeline 
accident data. The team determined that the best way to address 
accident reporting deficiencies was to adopt the accident causes 
proposed by the American Society of Mechanical Engineers (ASME) B31.4 
committee and to collect the inventory information needed to normalize 
the data. The team determined that the American Petroleum Institute 
(API) could develop and collect additional hazardous liquid pipeline 
data using a voluntary reporting system. API developed the data 
collection scheme in a system known as the Pipeline Performance 
Tracking Initiative (PPTI) and has been collecting information since 
January 1, 1999. The PPTI information collection is voluntary, and may 
not be sufficiently detailed for State and Federal government safety 
and environmental regulation purposes. Moreover, companies provide the 
data anonymously. RSPA/OPS and State pipeline safety offices cannot 
evaluate an individual company's performance unless the company 
identifies itself and its pipe inventory.

Standardization of Accident Data Across Industry

    RSPA/OPS is implementing some of the recommendations of the NTSB 
and Congress through this rulemaking. Although RSPA/OPS has never 
collected inventory information from hazardous liquid pipeline 
operators, RSPA/OPS has been collecting this information from natural 
gas pipeline operators since the 1970s. In a 1983 Federal Register 
notice (48 FR 13450), RSPA/OPS solicited comments on proposed revisions 
to certain reports, including annual reports for gas pipeline 
operators. In that notice, RSPA/OPS said: ``[o]n the suggested annual 
forms, consistency of column titles will enable cross comparison of 
data on a larger scale and will present a workable method to facilitate 
analysis of possible safety problems. Therefore, in light of the size 
of the nationwide pipeline system and the importance of the [OPS] role 
in developing and enforcing an effective pipeline safety program, the 
annual report represents the foundation for conducting analyses of the 
pipeline data.''
    RSPA/OPS believes that this hazardous liquid annual report 
information collection also represents the foundation for conducting 
analyses of the hazardous liquid pipeline accident data. RSPA/OPS 
acknowledges the need for consistent pipeline information for both 
natural gas and hazardous liquid pipelines. The resulting information 
will allow RSPA/OPS to standardize pipeline safety statistics for most 
types of pipelines, which will make data analysis more efficient and 
meaningful.
    RSPA/OPS utilizes the information it receives from gas transmission 
and distribution annual report and incident forms in many ways. For 
example, RSPA/OPS uses the annual report information to calculate 
corrosion leaks per mile, per company. This information may be used 
along with other information to prioritize pipeline inspections. RSPA/
OPS can also track reductions in the mileage of cast iron pipe. RSPA/
OPS can investigate whether the use of plastic pipe correlates to fewer 
accidents, especially in natural gas distribution systems.
    New by-state reporting requirements for natural gas transmission 
annual reporting will allow us to provide State pipeline safety 
offices, State governors and State legislators with better information 
on pipeline mileage under their jurisdiction. Leak rates per mile per 
company can be tallied and used in evaluation of pipeline operator 
safety performance. This data will enable individual companies to 
measure the effectiveness of their safety practices. We need national 
data to help determine whether pipelines are more or less safe as a 
result of pipeline system improvements. These are just some of the 
benefits of receiving annual report information from natural gas 
pipeline companies. RSPA/OPS anticipates similar improvements in 
hazardous liquid safety information from use of the proposed form.
    The proposed form is substantially similar to the Annual Report 
form for gas transmission and gathering systems, (Form RSPA F7100-2.1). 
This form was updated on August 8, 2001. Similarity of forms translates 
into improved analytical capability for both the gas and hazardous 
liquid pipeline industries. RSPA/OPS proposes to name the new Hazardous 
Liquid Pipeline Operator Annual Report form ``RSPA F7000-1.1 Hazardous 
Liquid Pipeline Operator Annual Report form.'' RSPA/OPS proposes to 
collect information on the form annually by March 15 for the preceding 
calendar year. Operators will be able to submit the form in hard copy 
to the RSPA/OPS Information Resources Manager, at the same address for 
filing hazardous liquid accident reports; or, by electronic submission 
on the RSPA/OPS

[[Page 48846]]

Online Data Entry System, a World-Wide-Web-based reporting system 
available via the RSPA/OPS Internet Home Page at http://ops.dot.gov.
    RSPA/OPS includes the proposed hazardous liquid pipeline operator 
annual report form and instructions with this notice and invites 
comments on them.

What Information Does RSPA/OPS Propose To Collect on the Annual Report 
Form?

    The proposed annual report form asks whether an operator's system 
carries crude oil, highly volatile liquid (HVL), refined petroleum 
product, or other hazardous liquid (i.e., anhydrous ammonia and carbon 
dioxide). The form also asks for total miles of pipeline in each State, 
in intrastate and interstate commerce; cathodically protected versus 
bare steel pipeline; steel pipeline by decade and diameter; electric 
resistance welded (ERW) pipeline by decade and weld type; and regulated 
and unregulated gathering lines. In addition, the form would require 
reporting of the percentage of systems that have been internally 
inspected; percentage of transmission systems in a rural area (the 
definition of ``rural area'' is in 49 CFR 195.2); information on 
breakout tanks; an additional report form for each state within which 
the system operates; and an additional report form for offshore 
mileage.

Why Does RSPA/OPS Need an Annual Report Form for Hazardous Liquid 
Operators?

Normalizing the Data

    RSPA/OPS will be able to use data from the annual report form to 
compute a leak rate per mile of pipeline and other statistics. Armed 
with better statistics, RSPA/OPS will be able to better understand 
safety trends and to focus inspection efforts. To illustrate, let's 
consider what is needed to compare the corrosion leak frequency of two 
companies. Suppose that Company A and Company B are two companies with 
the same number of corrosion leaks over a ten year period. From the 
hazardous liquid accident report we can determine the frequency 
(number) of leaks that occur as a result of corrosion. Suppose that 
both Company A and Company B reported 25 corrosion leaks in the last 
decade in the same state. The number of leaks that each company had 
within the state in the last decade is insufficient information to 
determine whether Company A or Company B has the higher rate of 
corrosion.
    To determine which of the two companies has the higher rate of 
corrosion within the state, we must compute the leak rate per mile for 
each of the companies. This computation requires additional information 
that RSPA/OPS does not currently collect and that the proposed 
hazardous liquid annual report form would supply, namely, total miles 
of pipeline installed for each of the companies within the state. 
Assume, for our example, that Company A operates 500 miles of pipeline 
in the state while Company B operates 2000 miles of pipeline in the 
state. Company A's corrosion leak rate for the decade in the state 
computes to 25 leaks /500 miles /10 years, or .005 leaks per mile per 
year. Company B's corrosion leak rate for the decade in the state 
computes to 25 leaks/2000 miles /10 years, or .00125 leaks per mile per 
year. Company A is therefore 4 times more likely to have a corrosion 
leak in the state than Company B. The above analysis is an exercise in 
``normalizing'' the data. Comparisons such as the one above are useful 
in safety analyses. The proposed form requests information that will 
make such comparisons possible.

Other Uses of the Data

    RSPA/OPS needs accurate, meaningful pipeline information for: 
general trending of pipeline safety data; risk assessment; scheduling 
standard safety inspections; deciding which pipelines need replacement 
versus rehabilitation; comparing individual operator performance with 
industry performance; cost-benefit analysis; regulatory development; 
monitoring industry performance and regulatory compliance; and RSPA/OPS 
resource allocation.
    State pipeline safety programs with hazardous liquid pipeline 
safety responsibility also need the information for these purposes. 
Currently, the information collected from the gas pipeline operator 
annual report (available on the RSPA/OPS website) is widely used by 
third parties, including State governors, Congress, metropolitan 
planners, pipeline research engineers, industry safety experts, the 
media, and the public.
    The proposed annual report form will collect data that hazardous 
liquid pipeline operators can use to measure their performance against 
other operators and the industry. We believe that having national 
minimum standards for inventory information will assist companies in 
their development of operational, maintenance, and other procedural 
documentation. Improved inventory record-keeping will yield better data 
for pipeline safety research, the goals of which are safer pipelines 
and a cleaner environment.

What Alternatives to an Annual Report Form for Hazardous Liquid 
Operators Did RSPA/OPS Consider?

    RSPA/OPS considered collecting the annual report information 
through API's already established PPTI. Because participation in PPTI 
is voluntary and anonymous, RSPA/OPS determined that this option was 
inadequate. PPTI data would not meet the needs of RSPA/OPS, the States, 
and the public for complete information on the safety and environmental 
performance of pipeline facilities. RSPA/OPS needs to collect this 
information because it is not otherwise available.
    RSPA/OPS also considered collecting the information via the 
National Pipeline Mapping System (NPMS). Practical problems arose in 
attempting to integrate annual report information into the NPMS 
database. Submission of inventory information to NPMS would have to be 
on a per-pipeline-segment basis, greatly increasing the labor and costs 
for NPMS submissions. For example, if we were to collect pipeline 
diameter information via NPMS, each company would have to provide 
pipeline segment information each time the operator changed the 
diameter of the pipe. Currently pipeline diameter is an optional 
reporting item on NPMS.
    Finally, unresolved issues regarding frequency of NPMS data 
submission, standards for accuracy of submission, and its voluntary 
nature render NPMS an imperfect vehicle for collecting hazardous liquid 
pipeline inventory data.

Rulemaking Analyses

Executive Order 12866 and DOT Policies and Procedures

    RSPA/OPS does not consider this NPRM to be a significant regulatory 
action under Section 3(f) of Executive Order 12866. RSPA/OPS also does 
not consider this NPRM to be significant under DOT regulatory policies 
and procedures (44 FR 11034; February 26, 1979).
    A copy of the Draft Regulatory Evaluation is available for review 
in the docket. This section summarizes the findings of the draft 
regulatory evaluation. This NPRM is intended to supply data necessary 
for the proper analysis of hazardous liquid pipeline safety issues.
    This proposal amends the pipeline safety regulations by requiring 
hazardous liquid pipeline operators to annually report information on: 
pipe inventory by state, diameter, and decade of installation; 
information about breakout tank number and capacity; and other aspects 
of their pipeline systems.

[[Page 48847]]

Benefits

    Hazardous liquid pipeline system inventory information is needed 
for: meaningful trending of hazardous liquid pipeline accident safety 
issues; risk assessment; recommendations regarding rehabilitation or 
replacement of pipeline segments; analysis of costs and benefits; and 
comparison of individual operator performance against industry 
performance. This safety information will be used by RSPA/OPS for daily 
decision making in RSPA's/OPS's assessment of pipeline risks, 
regulatory development, and programmatic resource allocation. RSPA/OPS 
also uses the information in monitoring industry performance and 
regulatory compliance, and for planning company standard safety 
inspections. States, local community planners, and emergency responders 
will benefit from having information about hazardous liquid pipeline 
systems for comparing local risks against the national level and for 
other purposes. Industry will ultimately benefit when RSPA/OPS 
establishes from the collected information a baseline measurement for 
pipeline company safety performance.

Costs

    The form asks for information that should be readily available to 
the operator on the operator's databases. RSPA/OPS expects that 
ultimately the time required to complete the form will decrease as 
operators adjust their computerized systems to track the requested 
information. RSPA/OPS estimates it will take an operator 12 hours (246 
fields  x  3 minutes per field) to complete the form the first year and 
half as long (6 hours annually) in subsequent years. RSPA/OPS 
recognizes that where companies have merged with other companies, 
information about pipeline mileage by decade installed may not be 
available. The form provides a category labeled ``unknown'' in which an 
operator may estimate the decade the pipeline was installed.
    Based on the number of participants in the NPMS, the number of 
hazardous liquid pipeline operators filing annual reports will be 
approximately 300.
    RSPA/OPS estimated the hourly cost of the person completing the 
form at $40. The $40 figure was based on the U.S. Department of Labor's 
National Occupational Employment and Wage Earnings for 1999. According 
to that document, the hourly wage for a Transportation, Storage, and 
Distribution Manager (the closest category to a pipeline manager) was 
$26.03 per hour. The $26.03 figure was multiplied by 1.35 to account 
for fringe benefits ($26.03  x  1.35 = $35.14). RSPA/OPS added an 
inflation factor of 14% to account for inflation from 1999 to 2002 
($35.14  x  1.14 = $40.05).
    RSPA/OPS estimates that it will take an operator about 12 hours to 
complete the form the first year it is in use. Based on an average cost 
of $40 per hour, the cost to industry of completing the form for the 
first year will be $144,000.00 (300 forms  x  12 hours  x  $40 per hour 
= $144,000.00). Total hours expended by industry to complete the form 
in the first year will be 3,600 hours (300 forms  x  12 hours = 3,600 
hours).
    After the first year, once company computer systems are adjusted to 
provide the information in the format requested, the total annual 
industry cost will be $72,000.00 (1,800  x  $40 = $72,000.00). After 
the first year, total hours expended by industry to complete the form 
will be 1,800 hours (300 forms  x  6 hours = 1,800 hours).

Conclusion

    RSPA/OPS believes that the initial annual cost of $144,000.00 and 
ongoing annual cost of $72,000.00 annually is a relatively modest 
burden on the hazardous liquid pipeline industry. The benefits accruing 
to RSPA/OPS and the pipeline industry through the increased utility of 
the hazardous liquid accident data should easily outweigh this modest 
cost. The additional information will allow RSPA/OPS and the hazardous 
liquid pipeline industry to identify safety issues and trends, and 
allow operators to make changes to procedures and practices that will 
ultimately reduce pipeline accidents and improve pipeline safety.

Regulatory Flexibility Act

    The NPRM's first year industry cost of $144,000.00, divided by the 
approximately 300 hazardous liquid pipeline operators, results in an 
average cost of $480.00 per operator. Subsequent annual costs to 
complete the form is approximately $240.00 per operator ($72,000.00 
divided by 300 operators).
    The Small Business Administration's (SBA) criteria for defining a 
small entity in the hazardous liquid pipeline industry is 1,500 
employees, as specified in the North American Industry Classification 
System codes (486110--Pipeline Transportation of Crude Oil and 486910--
Pipeline Transportation of Refined Petroleum Products). RSPA/OPS does 
not collect information on number of employees or revenues for pipeline 
operators. Such a collection would require OMB approval. RSPA/OPS 
nevertheless continues to seek information about the number of small 
pipeline operators from which to more fully determine impact on small 
entities (companies with less than 1,500 employees, counting employees 
of parent corporations). For several years RSPA/OPS has sought public 
comment from small hazardous liquid operators.
    For the RSPA/OPS Hazardous Liquid Pipeline Accident Reporting 
Revisions Notice of Proposed Rulemaking (66 FR 15681; March 20, 2001), 
RSPA/OPS sought input from the public on the impact of the NPRM on 
small entities. No one responded to this request. The SBA Chief Counsel 
for Advocacy, however, made comments on behalf of small businesses. SBA 
asked how many hazardous liquid pipeline operators would RSPA/OPS 
characterize as small operators. RSPA/OPS solicited public comment from 
small operators in its recent rulemakings on pipeline integrity 
management. No comments from small hazardous liquid operators were 
forthcoming.
    The hazardous liquid pipeline industry is a highly competitive, 
capital intensive industry which in recent years has seen many mergers 
and buyouts. If you are an operator of a small company, RSPA/OPS 
requests that you identify yourself to us to help us more accurately 
determine impact on small businesses of this and future rulemakings 
(see the ADDRESSES and SUPPLEMENTARY INFORMATION sections above for how 
to provide comments).
    Although RSPA/OPS does not have information that can identify which 
companies are small businesses per SBA's criteria, the cost to be 
imposed by this rulemaking is very small. The average cost for all 
companies based on an estimated total impact of $72,000 annually is 
$240.00 per operator ($72,000/300 operators) with an initial first year 
cost of $480.00 per operator ($144,000/300 operators). We believe the 
benefits of this NPRM far outweigh this small per company cost.
    Based on the small cost to companies of any size and to the 
industry at large of this NPRM, I certify pursuant to section 605 of 
the Regulatory Flexibility Act (5 U.S.C. 605), that this NPRM would not 
have a significant impact on a substantial number of small entities.
    If you have any information that this conclusion about the impact 
on small entities is not correct, please provide that information to 
the public docket described in the SUPPLEMENTARY INFORMATION section.

Paperwork Reduction Act

    This NPRM contains information collection requirements. As required 
by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the DOT has 
submitted a copy of the Paperwork

[[Page 48848]]

Reduction Act Analysis to the Office of Management and Budget (OMB) for 
its review.
    The approximately 300 hazardous liquid pipeline operators will be 
required to submit one report annually per company, or 300 reports 
annually. The total hour burden the first year will be 12 hours per 
operator. For the entire industry, the burden will be 3,600 hours (12 
hours  x  300 operators) costing $144,000.00 the first year ($40 per 
hour  x  3,600 hours). Every year thereafter, the burden will be 6 
hours per operator. For the entire industry, the burden will be 1800 
hours (6 hours per operator  x  300 operators = 1800 hours). The total 
annual cost after the first year is 1,800 hours  x  $40/hr = 
$72,000.00.
    Organizations and individuals desiring to submit comments on the 
information collection should direct them to the addresses listed in 
the ADDRESSES section of the preamble. Also see the SUPPLEMENTARY 
INFORMATION section for how to submit comments. Comments must be sent 
within 60 days of the publication of this notice.
    The OMB is specifically interested in the following issues 
concerning the information collection:
    1. Evaluating whether the collection is necessary for the proper 
performance of the functions of the DOT, including whether the 
information would have a practical use;
    2. Evaluating the accuracy of the DOT's estimate of the burden of 
the collection of information, including the validity of assumptions 
used;
    3. Enhancing the quality, usefulness and clarity of the information 
to be collected; and
    4. Minimizing the burden of collection of information on those who 
are to respond, including through the use of appropriate automated 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology (e.g., permitting electronic 
submission of responses).
    The Paperwork Reduction Act of 1995 does not require a person to 
respond to a collection of information unless a valid OMB control 
number is displayed. The valid OMB control number for this information 
collection will be published in the Federal Register after it is 
approved by OMB. For more details, see the Paperwork Reduction Analysis 
available for copying and review in the public docket.

Executive Order 13175

    The NPRM has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13175, ``Consultation and 
Coordination with Indian Tribal Governments.'' Because the NPRM would 
not significantly or uniquely affect the communities of the Indian 
tribal governments and would not impose substantial direct compliance 
costs, the funding and consultation requirements of Executive Order 
13175 do not apply.

Unfunded Mandates Reform Act of 1995

    This NPRM would not impose unfunded mandates under the Unfunded 
Mandates Reform Act of 1995. It would 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 would be the least burdensome 
alternative that achieves the objective of the rule.

National Environmental Policy Act

    We have analyzed the NPRM for purposes of the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.). Because the NPRM 
parallels present reporting requirements and practices for gas pipeline 
operators, we have preliminarily determined that the NPRM would not 
significantly affect the quality of the human environment. Generally, 
collection of information does not result in an environmental impact. A 
final determination on environmental impact will be made after the end 
of the comment period. If you disagree with our preliminary conclusion, 
please submit your comments to the docket.

Executive Order 13132

    The NPRM has been analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism''). The NPRM 
does not propose any regulation that (1) has substantial direct effects 
on the States, the relationship between the national government and the 
States, or the distribution of power and responsibilities among the 
various levels of government; (2) imposes substantial direct compliance 
costs on State and local governments; or (3) preempts state law. 
Therefore, the consultation and funding requirements of Executive Order 
13132 do not apply.

Executive Order 13211

    RSPA/OPS has determined that this NPRM does not constitute a 
significant energy action within the meaning of EO 13211, ``Actions 
Concerning Regulations That Significantly Affect Energy Supply, 
Distribution, or Use.'' This NPRM will not result in adverse effects on 
energy supply, distribution, or use.

Executive Order 13212

    Because this NPRM is not an energy-related project, EO 13212, 
``Actions to Expedite Energy-Related Projects,'' does not apply.

Executive Order 12630

    This NPRM does not affect or potentially affect the use or value of 
real, personal, or intellectual property. Executive Order 12630, 
``Governmental Actions and Interference with Constitutionally Protected 
Property Rights,'' does not, therefore, apply to this NPRM.

List of Subjects in 49 CFR Part 195

    Anhydrous ammonia, Carbon dioxide, Petroleum, Pipeline safety, 
Reporting and recordkeeping requirements.

    In consideration of the foregoing, RSPA/OPS proposes to amend 49 
CFR part 195 as follows:

PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

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

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

    2. The title to Subpart B would be revised to read as follows:

Subpart B--Annual, Accident, and Safety-Related Condition Reporting

    3. Section 195.49 would be added to Subpart B to read as follows:


Sec. 195.49  Annual report.

    Each operator of a hazardous liquid or carbon dioxide pipeline 
system shall submit an annual report for that system on DOT form RSPA 
F7000-1.1. This report must be submitted each year, not later than 
March 15, for the preceding calendar year.

    Issued in Washington, DC on July 18, 2002.
Stacey L. Gerard,
Associate Administrator for Pipeline Safety.

Instructions for Completing Form RSPA F 7100.2-1 (Rev. 11-2000)

Annual Report for Calendar Year YYYY Hazardous Liquid Pipeline 
Systems

General Instructions

    All section references are to Title 49 of the Code of Federal 
Regulations.
    Each hazardous liquid system operator with a total of 1 or more 
miles of pipeline is required to file an annual report. Complete a 
separate report for mileage for each state in which the operator's 
pipeline system operates.
    The terms ``barrel'', ``breakout tank'', ``carbon dioxide'', 
``gathering line'', ``intrastate'', ``interstate'', ``hazardous 
liquid'', ``highly volatile liquid (HVL)'',

[[Page 48849]]

``offshore'', ``outer continental shelf (OCS)'', ``specified minimum 
yield strength (SMYS)'' are defined in Sec. 195.2. The term 
``operator'' is defined in Sec. 195.2 as a person who owns or 
operates pipeline facilities. For purposes of this report, the 
operator is further defined as the person (``person'' is defined in 
49 CFR 195.2) who exercises substantial control over the operation 
of the pipeline.
    Reporting requirements will be at Sec. 195.49--Annual report, 
Title 49 of the Code of Federal Regulations (CFR) Transportation of 
Hazardous Liquids by Pipeline upon completion of rulemaking. Annual 
reports must be submitted by March 15 for the preceding calendar 
year. Report Total miles of pipeline in the system at the end of the 
reporting year, including additions to the system during that year. 
Reports should be submitted to the address in Sec. 195.58 (currently 
Information Resources Manager, Office of Pipeline Safety, Room 7128, 
400 7th St. SW., Washington, DC.
    If you have questions about the report or these instructions, or 
need copies of Form RSPA F 7000-1.1(01-03), please contact the 
Information Resources Manager, RSPA, Office of Pipeline Safety, at 
(202) 366-4569. Copies of the form and instructions are on the 
Office of Pipeline Safety home page, http://ops.dot.gov in the FORMs 
section of the ONLINE LIBRARY upon completion of rulemaking. Please 
type or print all entries.
    Please round all mileage to the nearest mile. DO NOT USE 
DECIMALS OR FRACTIONS. Round decimals or fractions to the nearest 
whole number, e.g., \3/8\ or 0.375 should be rounded down; \3/4\ or 
0.75 should be rounded up; \1/2\ or 0.5 should be rounded up. The 
entry for ``Total miles of pipe'' in Part B and Part C should be 
identical and reflect system totals. Note: the form requests 
reporting in miles of pipeline, not feet.
    Make an entry in each block for which data is available. 
Estimate data if necessary. Try to avoid entering mileage in the 
Unknown columns if possible. We recognize that some companies may 
have very old pipe for which installation records may not exist. 
Enter estimate of the total of such mileage in the ``Pre-40 or 
UNKNOWN'' section of Part B: ``Miles of Pipe by Location/Protection/
Decade''.

Specific Instructions

    Enter the Calendar Year for which the report is being filed. 
Check Initial Report if this is the original filing for this 
calendar year. Check Supplemental Report if this is a follow-up to a 
previously filed report to amend or correct information. On 
Supplemental Reports, enter all information requested in Parts A and 
J, and only the new or revised information for the remainder of the 
form.
    Enter the State for which information is being reported. An 
operator should submit a separate report for all hazardous liquid 
operations for each State in which it operates. A company may submit 
separate reports for subsidiaries or affiliate operations. Please do 
not report any pipeline facility more than once.
    For System Type, check all boxes that apply.
    Include petroleum gathering line mileage under crude oil 
systems.

Part A--Operator Information

    Insert the operator name and address data. Enter the address 
where additional information can be found.
    The operator's five digit identification number appears on the 
RSPA mailing label. If the person completing the report does not 
have the identification number, this information may be omitted.
    Please adhere to definitions in Title 49 part 195 of the Code of 
Federal Regulations when reporting pipeline mileage.

Part B--Miles of Steel Pipe by Location/Protection/Decade

    Coated means pipe coated with an effective hot or cold applied 
dielectric coating or wrapper.

Part F--Miles of Gathering Lines

    Report mileage of regulated and unregulated gathering lines 
within each state. Report any and all mileage offshore in a separate 
report. Gathering lines are defined in CFR Sec. 195.2 as ``a 
pipeline 219.1 mm (8\5/8\ or less nominal outside diameter that 
transports petroleum from a production facility.'' Rural gathering 
lines are considered to be unregulated gathering lines in accordance 
with 195.1(b)(4).

Part G--Breakout Tanks

    List number of tanks by capacity and by commodity. For purposes 
of this reporting, we seek information in 4 commodity categories: 
crude, refined products, highly volatile liquids (HVL), or Anhydrous 
Ammonia/Carbon Dioxide. In the ``Total Capacity, Barrels'' section, 
enter the total number of tanks in the appropriate box for each of 
these 4 commodity categories.

Part H--Total Volumes

    Include annual volume transported totals in barrel-miles 
regardless of state. We recognize that it is difficult or impossible 
to currently measure volume transported by state. We therefore 
require, for those operators with pipelines in multiple states, that 
Part H be completed only for the first of the operator's states in 
alphabetical order. For each subsequent report by state, please 
reference the state for which Part H is completed (e.g., if operator 
has pipelines in Alabama and Texas, then on the Texas form in Part H 
the operator enters ``reported for State of AL'').

Part J--Preparer And Authorized Signature

    PREPARER is the name of the person most knowledgeable about the 
report or the person to be contacted for more information. Please 
include the preparer's E-mail address if there is one.
    Authorized Signature may be the preparer or an officer or other 
person whom the operator has designated to review and sign reports.

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[FR Doc. 02-18908 Filed 7-25-02; 8:45 am]
BILLING CODE 4910-60-C