[Federal Register Volume 69, Number 3 (Tuesday, January 6, 2004)]
[Rules and Regulations]
[Pages 537-550]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-191]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 195

[Docket No. RSPA-01-9832; Amdt. 195-80]
RIN 2137-AD59


Pipeline Safety: Hazardous Liquid Pipeline Operator Annual 
Reports

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

ACTION: Final rule.

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SUMMARY: This action requires operators of pipeline systems subject to 
RSPA's hazardous liquid pipeline safety regulations to prepare and file 
annual reports containing information about these systems. This data 
will provide the basis for more efficient and meaningful analyses of 
the safety status of hazardous liquid pipelines. RSPA's Office of 
Pipeline Safety (RSPA/OPS) will use the information to compile a 
national pipeline inventory, identify and determine the scope of safety 
problems, and target inspections.

DATES: This final rule is effective on February 5, 2004.

FOR FURTHER INFORMATION CONTACT: Shauna Turnbull by phone at (202) 366-
3731, by e-mail at [email protected], or by mail at the U.S. 
Department of Transportation, Research and Special Programs 
Administration, Office of Pipeline Safety, Room 2103, 400 7th St., SW., 
Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Background

    The Federal pipeline safety regulations at 49 CFR part 195 apply to 
more than 160,000 miles of hazardous liquid and carbon dioxide 
pipelines. RSPA/OPS shares responsibility for inspecting and overseeing 
the safety of these pipelines with many State pipeline safety offices.
    RSPA/OPS uses pipeline accident data to identify safety issues and 
target risk-based inspections. The data are from accident reports that 
operators submit on Form F7000-1, Accident Report--Hazardous Liquid 
Pipelines (Sec. Sec.  195.50 and 195.54).
    In recent years, Congress, the National Transportation Safety Board 
(NTSB), and DOT's Office of the Inspector General (OIG) have urged 
RSPA/OPS to improve the quality of its accident data and data analyses. 
In response, RSPA/OPS reduced the volumetric threshold for accident 
reporting from 5 barrels to as little as 5 gallons of product released 
during an accident (67 FR 831; January 8, 2002). However, RSPA/OPS 
still lacks the information necessary to improve accident analyses.
    To obtain this information, RSPA/OPS published a notice of proposed 
rulemaking (NPRM) that would require operators to submit an annual 
report of pipeline inventory and other information about their pipeline 
systems (67 FR 48844; July 26, 2002). This information would provide a 
foundation for more efficient and meaningful analyses of accident data. 
For example, to help determine the effect of system improvements and 
other safety practices, RSPA/OPS would use information from annual 
reports to calculate leaks by cause on a per mile basis. The 
information could also be used for trending accident data, assessing 
risk, prioritizing safety

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inspections, determining appropriate remedial actions, comparing 
individual operator performance with industry performance, assessing 
costs and benefits of safety regulations, monitoring industry 
performance and regulatory compliance, and allocating RSPA/OPS 
resources.
    RSPA/OPS already collects similar annual report information for gas 
transmission and gathering systems (RSPA F 7100-2.1, Natural Gas 
Transmission Pipeline Operator Annual Report; revised August 8, 2001). 
This information is currently used by RSPA/OPS, State pipeline safety 
programs, State governors, congressional committees, metropolitan 
planners, pipeline research engineers, industry safety experts, the 
media, and the public. Similarly, a hazardous liquid pipeline annual 
report would provide these stakeholders with information they need to 
manage the safety of hazardous liquid pipelines.
    In response to a petition from the American Petroleum Institute 
(API) and the Association of Oil Pipelines (AOPL), RSPA/OPS extended 
the period for public comment on the NPRM until November 22, 2002 (67 
FR 59045; September 19, 2002). Based on written comments on the NPRM, 
RSPA revised the proposed annual report form and sought advice from the 
statutorily mandated hazardous liquid pipeline advisory committee--the 
Technical Hazardous Liquid Pipeline Safety Advisory Committee--at its 
March 25, 2003, meeting (see Docket No. RSPA-01-9832 for meeting 
minutes). RSPA/OPS then published the revised report form for further 
public comment (68 FR 28884; May 27, 2003).

Comments

    RSPA/OPS received comments on the proposed rule from API, Enbridge 
Energy Company, Inc. (Enbridge), and Marathon Pipe Line, LLC 
(Marathon). API, Enbridge, and BP Pipelines North America also 
commented on the revised annual report form. This section of the 
preamble summarizes the comments and explains how we considered them in 
this final rule.
    State-by-State reporting. Both Enbridge and API commented on 
alleged difficulties that could result from the proposal to collect 
hazardous liquid pipeline information on a State-by-State basis. RSPA/
OPS recognizes that the hazardous liquid pipeline industry has not had 
business reasons for maintaining the requested data by State. And, 
because pipeline companies now report mileage of the hazardous liquid 
pipelines to the National Pipeline Mapping System (NPMS), RSPA/OPS 
already has the data to determine operator mileage by State. RSPA/OPS 
is examining how future enhancements to the NPMS might enable us to 
efficiently obtain additional State-by-State information without 
imposing additional data collection requirements on hazardous liquid 
pipeline operators.
    Enbridge urged RSPA/OPS to collect only mileage information by 
State and to collect all other data by pipeline system. It noted that 
volume, capacity, construction, and integrity assessment data is now 
maintained only for pipeline systems, and that reporting this 
information by State would require extensive manual sorting of data. 
Enbridge alleged that such data would be challenging for RSPA/OPS to 
validate, decipher, and analyze. For example, Enbridge noted that 
State-by-State data could not be used to trend commodity-specific 
information or integrity assessment data by line size or decade of 
construction. Moreover, for pipelines crossing two or more States, the 
same volumes would appear on the reports for upstream and downstream 
States, greatly complicating any cumulative volume analysis.
    API had similar concerns, alleging that the proposed annual report 
form would result in poor quality national data and an inability to 
analyze or understand the national pipeline system. As an example, it 
noted that if operators were to report only aggregate data for all 
pipelines operated in a State, RSPA/OPS could not discern differences 
in corrosion rates based on commodities transported. API also noted 
that the part 195 integrity management rules require operators to 
integrate a wide range of risk-related information on particular 
pipelines. It sees no need to maintain this information by State. API 
suggested that RSPA/OPS develop a form similar to the one used in the 
industry's Pipeline Performance Tracking System (PPTS) that would focus 
on data about each operator's system rather than on data aggregated by 
State. Separate entries could provide interstate and intrastate mileage 
in each State. API alleged that this approach would reduce erroneous 
data and the reporting burden and give RSPA/OPS a good understanding of 
nationwide performance. In addition, API suggested the approach should 
satisfy the needs of individual States because each State's leaks per 
mile--determined from the mileage data and the operators' accident 
reports--could be compared to the national leak rate.
    RSPA response. In this final rule RSPA/OPS has simplified the form 
by dropping the State-by-State requirement and separating the decade-
installed information into a separate category, similar to that 
requested for gas transmission lines on the Gas Transmission Operator 
Annual Report form. These changes reduce the complexity of the form and 
the reporting burden.
    As stated above, RSPA/OPS is considering how State-by-State 
information might be obtained through the NPMS or by other methods. 
RSPA/OPS believes it is important to have State-by-State information 
for various purposes, including meeting the informational needs of the 
State pipeline safety programs and other interested stakeholders, and 
for a variety of trending purposes, such as examining State population 
increase and encroachment impacts on pipelines.
    Historical integrity assessment. Enbridge alleged that requiring 
operators to report annually the percentage of pipeline integrity 
assessments (hydrostatic testing and internal inspection) done in the 
decade before the reporting year would not yield meaningful data. It 
explained that as total system mileage changes (through purchases, 
sales, abandonments, or conversions), the reported percentages would 
also change, leading to invalid data and conclusions. API observed that 
the proposed internal inspection information would not be useful as a 
baseline for comparison with inspections in future years under the 
integrity management requirements because operators would have to 
estimate much of the data. Enbridge suggested that we limit assessment 
information to the number of miles assessed during the reporting year 
and that we use a different approach, such as an industry survey, to 
collect historical assessment information. API thought the percentage 
assessed question could result in a percentage larger than the 
nationwide pipeline mileage because some systems may be pigged several 
times in a 10-year period, some with deformation tools only, and others 
with both metal loss tools and deformation tools. Both Enbridge and API 
said internal inspection results be reported by type of defect rather 
than by the technology of the inspection tool.
    RSPA response. RSPA/OPS agrees that the collection of historical 
integrity assessment information should be closely aligned with RSPA/
OPS' Integrity Management Program. In response to comments, RSPA/OPS 
published a revised form on May 27, 2003, to reflect this approach. 
RSPA/OPS will obtain historical information through the Integrity 
Management inspections. The final form adopted herewith requests more 
detailed

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information about integrity assessments done during each calendar year.
    Gathering lines. Enbridge argued that the annual report requirement 
should not apply to gathering lines, particularly gathering lines that 
RSPA/OPS does not regulate. It reasoned that the information collected 
would be incomplete because the requirement would not apply to all 
operators of gathering lines, just those who operate pipelines 
regulated by part 195. API added that because the vast majority of 
gathering lines not regulated by part 195 are operated by companies 
that do not operate part 195 regulated pipelines, the proposed annual 
report would not disclose the nation's total gathering line mileage.
    RSPA response. In the final annual report form, RSPA/OPS has 
eliminated the information on gathering pipeline mileage not subject to 
part 195, but will require information on gathering lines that are 
subject to part 195.
    Anhydrous ammonia. API commented that anhydrous ammonia pipeline 
data should not be combined with carbon dioxide pipeline data for the 
purposes of analysis. It suggested that anhydrous ammonia be included 
with highly volatile liquids (HVL) because the physical properties are 
similar.
    RSPA response. RSPA/OPS concurs. The final annual report form 
includes anhydrous ammonia with HVLs.
    Pre-1940 pipe. API commented that lumping all pre-1940 pipe into a 
single category could diminish the understanding of technological 
differences between 1920s and 1930s pipe. It called the differences 
major, and was concerned that whole decades of pipe might be 
unwittingly condemned.
    RSPA response. RSPA/OPS concurs. The final annual report form 
requires reporting by decade of installation beginning with pre-1920s 
and for each decade thereafter.
    Cost of compliance. API disputed RSPA/OPS' estimate of the cost of 
compliance with the proposed annual report requirement, calling it 
grossly underestimated. It said most data is not readily available 
electronically, is not subdivided or identified in operator records by 
State, and would require extensive hands-on research and correlation. 
Further, API said the assumed hourly rate ($40/hour) is unrealistically 
low, since the identification, coordination and oversight of data 
collection, interpretation, and management would be conducted by 
experienced engineering personnel at two to three times this rate.
    RSPA response. The final Regulatory Evaluation (included herein) 
takes this comment into account in estimating industry costs.
    Further notice and response time. API urged RSPA/OPS to publish 
another notice for public comment based on comments to the NPRM before 
adopting a final annual report form. It also said operators would not 
be able to respond to the NPRM's proposed data collection in the 60-90 
days suggested in the NPRM.
    RSPA response. As stated above, following the close of the extended 
comment period on the NPRM, RSPA posted a revised form in the docket 
and invited further public comment (68 FR 28884; May 27, 2003). API and 
Enbridge submitted additional comments on details, organization, and 
design of the form that helped to clarify entries, correct errors, and 
provide consistency. The final report form reflects these additional 
comments. The final annual report form substantially addresses all 
objections to the proposed form. Recognizing that industry will need 
some time to gather the requested information, RSPA/OPS is delaying the 
filing of the initial hazardous liquid pipeline annual report form 
until June 15, 2005. This initial report would be for calendar year 
2004. Recognizing that many operators are prepared for early submission 
because of industry's need for having an earlier submission for a 
variety of purposes, including measuring national progress of meeting 
new integrity management requirements, RSPA/OPS will accept voluntary 
submissions at an operator's discretion at any time.
    User fees. Marathon questioned how the proposed annual report data 
would relate to the annual user fee assessments.
    RSPA response. RSPA/OPS will use information from the new hazardous 
liquid pipeline annual report to calculate annual user fee assessments. 
This is similar to the procedure used for calculating the gas 
transmission pipeline user fees based on information in the gas 
transmission pipeline annual reports.

Reporting Details

    In compliance with the new Sec.  195.49, each operator must submit 
by March 15 of each year an annual report on Form RSPA F7000.1-1 for 
each of the following types of pipeline systems operated at the end of 
the previous year: crude oil, highly volatile liquid (including 
anhydrous ammonia), petroleum products, and carbon dioxide. System type 
is determined by the commodity the system transported in largest 
volume. For example, if a pipeline system transports only crude oil, it 
would be a crude oil type system. If a pipeline system transports 
batches of crude oil and petroleum products, it would be either a crude 
oil or petroleum product type system, depending on which commodity is 
transported in larger volume.
    The annual report form asks whether the report is for crude oil, 
highly volatile liquid (including anhydrous ammonia), petroleum 
products, or carbon dioxide type systems and the volumes of these 
commodities transported by the system. The form also asks for pipeline 
mileage, cathodically protected versus unprotected, coated versus bare 
steel, steel pipeline by decade and diameter, electric resistance 
welded (ERW) pipeline by decade and weld type, miles of regulated 
gathering lines, and information on breakout tanks and integrity 
assessment.
    The first annual report form is due March 15, 2005, and includes 
data for calendar year 2004 for systems operated at the end of 2004. 
Operators can submit the form in hard copy to the RSPA/OPS Information 
Resources Manager, at the same address for filing hazardous liquid 
accident reports: Information Resources Manager, Office of Pipeline 
Safety, Room 2301, 400 7th St., SW., Washington, DC 20590.
    Alternatively, reports may be submitted electronically via the 
RSPA/OPS Online Data Entry System, a Web-based reporting system 
accessible at http://ops.dot.gov. Electronic submission will be 
available by the end of 2004. RSPA/OPS is examining how much of the 
information requested on the annual report form may, in the future, be 
submitted via the National Pipeline Mapping System.
    The final annual report form and instructions for completing the 
form are published with this Final Rule. Blank forms and instructions 
may also be obtained at http://ops.dot.gov under the Forms section of 
Online Library, or from the Information Resources Manager at the 
address provided above.

Regulatory Analyses and Notices

Executive Order 12866 and DOT Policies and Procedures

    RSPA does not consider this rulemaking to be a significant 
regulatory action under section 3(f) of Executive Order 12866 (58 FR 
51735; October 4, 1993). RSPA also does not consider this rulemaking to 
be significant under DOT's regulatory policies and procedures (44 FR 
11034; February 26, 1979). Below is a summary of the

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regulatory evaluation which can be found in the public docket for this 
final rule.

Regulatory Evaluation

    Two comments were received on the cost/benefit analysis of the 
proposed rule from a major hazardous liquid operator and a trade 
association representing hazardous liquid operators. They criticized 
the cost-benefit analysis for underestimating the costs of the proposed 
rule. Specifically the trade association stated that the $40 per hour 
labor cost used is too low. RSPA concurs that we may have 
underestimated the fully loaded labor cost for hazardous liquid 
pipeline personnel. Therefore, RSPA is doubling the per hour labor cost 
for hazardous liquid pipeline personnel to $80 per hour.
    RSPA was also criticized for underestimating the time to perform 
the necessary paperwork. RSPA concurs in part. RSPA believes that the 
most burdensome of the proposals was the requirement for collection of 
the data by state. This provision is being removed from the final rule. 
Additionally, RSPA is removing the provision for the collection of data 
on integrity management as well. RSPA was also criticized for proposing 
the collection of data on currently unregulated gathering lines. RSPA 
agrees with these comments and is removing these requirements in the 
final rule. Additional changes were made in regards to collection of 
cathodic protection and pipe diameter information, as discussed in the 
preamble.
    Even with these changes, RSPA's time estimates for preparing 
hazardous liquid pipeline annual reports need to be adjusted. RSPA is 
doubling the estimated time for completion of an annual report from 
that used in the proposed rule. We now estimate each operator will 
need, on average, 24 hours to complete the annual report in the first 
year and 12 hours in each subsequent year.
Benefits
    The hazardous liquid pipeline system inventory information is 
needed for: meaningful trending of hazardous liquid pipeline accident 
safety data; 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 
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 
standard safety inspections of operators. States, local community 
planners, and emergency responders will benefit from access to 
information about hazardous liquid pipeline systems. Industry will 
benefit when RSPA/OPS establishes a baseline measurement for pipeline 
company safety performance using the collected data.
Costs
    The form asks for information that should be readily available to 
the operator on their own databases. RSPA expects that the time 
required to complete the form will decrease as operators adjust their 
computerized systems to track the requested information. RSPA estimates 
it will take an operator 24 hours to complete the form the first year 
and half as long (12 hours annually) in subsequent years.
    Based on an analysis of operators who pay user fees, there are 208 
regulated operators of hazardous liquid pipelines in the U.S.
    RSPA previously estimated the hourly cost of the person completing 
the form at $40. This was based on the U.S. Department of Labor's 
National Occupational Employment and Wage Earnings data for 1999. 
According to that data, 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 added an 
inflation factor of 14% to account for inflation from 1999 to 2002 
($35.14 x 1.14 = $40.05). However, based on comments from industry 
trade associations, RSPA is revising its estimate to $80 per hour.
    RSPA estimates that it will take an operator about 24 hours to 
complete the form the first year. Based on an average cost of $80 per 
hour, the cost to industry of completing the form for the first year 
will be approximately $400,000 (208 forms x 24 hours x $80 per hour = 
$399,360). Total hours expended by industry to complete the form in the 
first year will be approximately 5,000 hours (208 forms x 24 hours = 
4,992 hours).
    After the first year, adjustments to company databases and computer 
systems will likely reduce the annual industry cost to approximately 
$200,000 (208 x 12 x $80 = $199,680). After the first year, total hours 
expended by industry to complete the form will be approximately 2,500 
hours (208 forms x 12 hours = 2,496 hours).
Conclusion
    RSPA believes that the initial annual cost of $400,000 and ongoing 
annual cost of $200,000 is a modest burden on the hazardous liquid 
pipeline industry. The benefits accruing to RSPA 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 final rule's first year industry cost of $400,000, divided by 
the 208 hazardous liquid pipeline operators, results in an average cost 
of $2,000 per operator. Subsequent annual cost to complete the form is 
approximately $1,000 per operator ($200,000 divided by 208 operators).
    The Small Business Administration (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 (NAICS) codes. The NAICS codes relevant to hazardous liquid 
pipelines are code 486110--Pipeline Transportation of Crude Oil and 
code 486910--Pipeline Transportation of Refined Petroleum Products. 
RSPA does not collect information on number of employees or revenues 
for pipeline operators. Such a collection would require OMB approval. 
RSPA nevertheless continues to seek information about the number of 
small pipeline operators from which to more fully determine impact on 
small entities, i.e. companies with less than 1,500 employees, 
including employees of parent corporations.
    RSPA has reviewed the data it collects from the hazardous liquid 
pipeline industry and has estimated there are probably 10-20 small 
entities in this industry. Several of the operators do not transport 
petroleum products, but rather transport carbon dioxide, ammonia, or 
chlorine and may not be indirect competition with large pipeline 
operators. Other small operators remain competitive as they have 
developed niche markets and may supply only a small number of 
customers.
    In the proposed rule on Hazardous Liquid Pipeline Accident 
Reporting Revisions (66 FR 15681; March 20, 2001), RSPA/OPS sought 
input from the public on the impact of the proposed annual report on 
small entities. We

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received no responses to this request for comments from small entities. 
However, the SBA Chief Counsel for Advocacy provided comments on behalf 
of small businesses. SBA asked how many hazardous liquid pipeline 
operators RSPA/OPS would characterize as small operators. We believe 
the answer is between 10 and 20, as noted above. And, we believe the 
impact of this rule will be proportionate to the size of the company. 
Smaller companies tend to have less pipeline mileage and will likely 
have to collect less information at a lower cost. This rule will cost 
an average company less than $2,000 the first year and $1,000 per year 
thereafter. RSPA believes this will be even less for small operators.
    If you are an operator of a small pipeline company, RSPA/OPS 
requests that you identify yourself to help us more accurately 
determine impact on small businesses in this and future rulemakings 
(see the ADDRESSES and SUPPLEMENTARY INFORMATION sections above for how 
to provide comments).
    Based on the small cost to companies of any size and to the 
industry at large, I certify pursuant to section 605 of the Regulatory 
Flexibility Act (5 U.S.C. 605), that this rulemaking would not have a 
significant impact on a substantial number of small entities.

Paperwork Reduction Act

    Below is a summary of the Paperwork Reduction Analysis. A complete 
copy is available for copy and review in the public docket for this 
final rule.
    This final rule 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 Reduction Act Analysis to 
the Office of Management and Budget (OMB) for its review. The name of 
the information collection is Transportation of Hazardous Liquids by 
Pipeline Recordkeeping and Annual Reporting. The purpose of this 
information collection is to improve the current hazardous liquid 
pipeline accident information collection.
    Number of Respondents: 208.
    Frequency of Responses: 1.
    Annual Burden: 24 hours the first year and 12 hours per year 
thereafter for each company.
    Type of Respondent: Hazardous liquid pipeline operators.
    Total Annual Burden: 4,992 hours the first year and 2,496 per year 
thereafter.
    Comments on the paperwork reduction analysis are invited on: (a) 
The need for the proposed collection of information for the proper 
performance of the functions of the agency, including whether the 
information will have practical utility: (b) the accuracy of the 
agency's estimate of the burden of the proposed collection of 
information including the validity of the methodology and assumptions 
used; (c) ways to enhance the quality, utility, and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on those who respond including the use of the 
appropriate automated, electronic, mechanical, or other technological 
collection techniques. Send comments within 30 days of the publication 
of this notice directly to the Office of Management and Budget, Office 
of Information and Regulatory Affairs, ATTN: Desk Officer, Department 
of Transportation, 715 Jackson Place, NW., Washington, DC. Please be 
sure to include the docket number in your comments.

Executive Order 13084

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175, Consultation and 
Coordination with Indian Tribal Governments. Because this final rule 
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.

Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132, Federalism. The final 
rule does adopt 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.

Unfunded Mandates

    This final rule does 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 final rule for purposes of the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) and have concluded 
that this action would not significantly affect the quality of the 
environment. Because the final rule parallels present reporting 
requirements and practices for gas pipeline operators and collection of 
information does not result in an environmental impact.

Executive Order 13211

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

Executive Order 13212

    Because this rule is not an energy-related project, Executive Order 
13212, Actions to Expedite Energy-Related Projects, does not apply.

Executive Order 12630

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

List of Subjects in 49 CFR Part 195

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

0
In consideration of the foregoing, RSPA amends 49 CFR part 195 as 
follows:

PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

0
1. The authority citation for part 195 continues to read as follows:

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

0
2. The title of Subpart B is revised to read as follows:

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

0
3. Section 195.49 is added to Subpart B to read as follows:


Sec.  195.49  Annual report.

    Beginning no later than June 15, 2005, each operator must annually 
complete and submit DOT form RSPA F 7000-1.1 for each type of hazardous 
liquid pipeline facility operated at the end of the previous year. A 
separate report is

[[Page 542]]

required for crude oil, HVL (including anhydrous ammonia), petroleum 
products, and carbon dioxide pipelines. Operators are encouraged, but 
not required, to file an annual report by June 15, 2004, for calendar 
year 2003.

    Issued in Washington, DC on December 22, 2003.
Samuel G. Bonasso,
Deputy Administrator.


    Note: The following forms and instructions will not appear in 
the Code of Federal Regulations.

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[FR Doc. 04-191 Filed 1-5-04; 8:45 am]
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