[Federal Register Volume 69, Number 121 (Thursday, June 24, 2004)]
[Proposed Rules]
[Pages 35279-35284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12993]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 192 and 195

[Docket No. RSPA-03-15852; Notice 1]
RIN 2137-AD96


Pipeline Safety: Public Education Programs for Hazardous Liquid 
and Gas Pipeline Operators

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Research and Special Programs Administration's (RSPA) 
Office of Pipeline Safety (OPS) proposes to require all gas and 
hazardous liquid pipeline operators to develop and implement public 
education programs based on the provisions of the American Petroleum 
Institute's (API) Recommended Practice (RP) 1162, Public Awareness 
Programs for Pipeline Operators.\1\
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    \1\ API RP 1162 provides guidance on development, 
implementation, and evaluation of pipeline operator ``public 
awareness'' programs. Note that ``public education programs,'' as 
used in this notice, and ``public awareness programs,'' as used in 
API RP 1162, are considered to be the same and are used 
interchangeably for the purposes of this proposed rule.

DATES: Interested persons are invited to submit written comments by 
August 23, 2004. Late-filed comments will be considered to the extent 
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practicable.

ADDRESSES: You may submit comments (identified by DOT DMS Docket Number 
RSPA-03-15852) by any of the following methods:
     Web site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-001.
     Hand Delivery: Room PL-401 on the plaza level of the 
Nassif Building, 400 Seventh Street, SW., Washington, DC, between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN for this 
rulemaking. For

[[Page 35280]]

detailed instructions on submitting comments and additional information 
on the rulemaking process, see the Public Participation heading of the 
SUPPLEMENTARY INFORMATION section of this document. Note that all 
comments received will be posted without change to http://dms.dot.gov, 
including any personal information provided. Please see the Privacy Act 
heading under Regulatory Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
40 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (volume 65, number 70; pages 19477-78) or you may visit 
http://dms.dot.gov.
    You may obtain copies of this proposed rule or other material in 
the docket. All materials in this docket may be accessed electronically 
at http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: Juan Carlos Martinez (202) 366-1933, 
by fax at (202) 366-4566, or by mail at U.S. Department of 
Transportation, 400 Seventh Street, SW., Washington, DC 20590, 
regarding the subject matter of this proposed rule. Additional 
information about this initiative may be obtained by accessing RSPA/
OPS' Internet Web page at http://ops.dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    This proposed rule addresses pipeline operator programs to enhance 
awareness of and communications with:
     The affected public (i.e., residents and places of 
congregation, such as businesses and schools) in the vicinity of the 
pipeline and associated right-of-way.
     Local and State emergency response and planning officials 
(i.e., State and county emergency management agencies (EMAs) and local 
emergency planning committees (LEPCs)).
     Local public officials and governing councils.
     Excavators.
    Public education and understanding of pipeline operations is vital 
to the continued safe operation of pipelines. Pipeline operator public 
education programs are an important factor in establishing 
communications and providing information necessary to enhance public 
understanding of how pipelines function and the public's role in 
promoting pipeline safety. When effectively and consistently managed, a 
pipeline operator public education program can provide significant 
value in enhanced public safety, improved pipeline safety and 
environmental performance, and enhanced emergency response 
coordination.
    Enhancing requirements for pipeline operator public education 
programs is part of a broad effort by RSPA/OPS to enhance safety 
through promoting improved public communications by the pipeline 
industry and government pipeline regulators.
    In proposing new requirements for pipeline operator public 
education programs, RSPA/OPS is also responding to calls by Congress in 
the Pipeline Safety Improvement Act of 2002 (Pub. L. 107-355; December 
17, 2002) for standards prescribing the elements of public education 
programs. Simultaneously with this mandate, the pipeline industry has 
been developing recommendations for pipeline operator public education 
programs, which resulted in the development of API RP 1162. This 
standard was developed with extensive collaboration by all segments of 
the industry, input from RSPA/OPS and State pipeline regulators, and an 
opportunity for public review and comment. RSPA/OPS is taking advantage 
of the substantial work accomplished in the completion of this standard 
to adopt its provisions in this rule.\2\
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    \2\ A link to API RP 1162 on the API standards Web site may be 
found at http://primis.rspa.dot.gov/edu/rp1162.htm.
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    Development of a new rule establishing additional requirements for 
pipeline operator public education programs is part of RSPA/OPS' 
broader pipeline safety communications initiative to promote pipeline 
safety by requiring enhanced communications by the pipeline industry 
with the public and to increase public awareness of pipeline operations 
and safety issues. In 2000, RSPA/OPS sponsored a pipeline 
communications exploratory group under the auspices of the statutorily 
mandated Technical Pipeline Safety Standards Committee (TPSSC) and the 
Technical Hazardous Liquid Pipeline Safety Standards Committee 
(THLPSSC), composed of representatives of RSPA/OPS, pipeline companies, 
industry groups, and local jurisdictions. The group met to explore the 
subject of pipeline communications and to identify opportunities for 
improvement.
    Recent rulemaking activities by RSPA/OPS (e.g., Liquid and Gas 
Pipeline Integrity Management, Operator Qualification) included 
increased efforts to inform the public regarding pipeline safety and 
regulation. These efforts have included public meetings and public-
access Web sites. For example, the following public meetings on the 
Integrity Management rulemakings were held:
     November 18-19, 1999, in Herndon, Virginia.
     February 12-14, 2001, in Arlington, Virginia.
     August 7-8, 2001, in Houston, Texas.
     July 23-24, 2002, in Houston, Texas.
     March 14, 2003, in Washington, DC.
     April 25, 2003, in Dulles, Virginia.
    The February 2001 public meeting in Arlington, Virginia, included 
presentations from different stakeholder viewpoints on public 
communications needs and the nature of additional pipeline information 
needed by the public, local officials, and emergency responders. 
Materials from this meeting are available in the electronic docket 
referenced above.
    Current RSPA/OPS public communications initiatives include:
     Development and maintenance of a public information Web 
site http://primis.rspa.dot.gov/pipelineinfo).
     The Community Assistance and Technical Support (CATS) 
program with new positions at each RSPA/OPS regional office.
     A partnership between RSPA/OPS and the National 
Association of State Fire Marshals (NASFM) to develop information and 
training aimed at enhancing the safety of first responders to pipeline 
accidents and assessing pipeline security risks.
     A partnership between RSPA/OPS and the Transportation 
Research Board (TRB) of the National Research Council to examine model 
land use practices by local communities, with an objective of better 
managing encroachment risks.
     Development of mechanisms to provide information to local 
officials, such as the location of pipeline integrity assessments and 
centralized sources for post-accident information.
    RSPA/OPS also sponsored meetings held in Bellevue, Washington, and 
Houston, Texas, on the subject of public communications. The general 
response from the public to these communications efforts by RSPA/OPS

[[Page 35281]]

was an expressed desire to receive more information on specific 
pipelines.
    The Bellevue, Washington, meeting (transcript at http://primis.rspa.dot.gov/comm/Bellevue_2003_01_29.htm) included panel 
discussions during which local and State officials, local emergency 
planners and responders, and public representatives discussed the types 
of information that these stakeholders would like to receive from 
pipeline operators, the groups that should receive the information, and 
the modes of communication that would be effective in conveying the 
information. The panel members supported increased information from 
operators to members of the public in areas near pipeline facilities, 
to local officials of areas intersected by pipelines and areas that 
could be affected by releases from pipelines, and to emergency 
responders in areas that could be impacted by releases. The panel 
members advocated that operators provide this information through a 
wide range of communication modes, including published material, 
electronic media, mailings, and live meetings. The panel indicated a 
variety of information from operators could be important to 
understanding pipelines and promoting safety. Comments of other 
attendees at the meeting echoed the panel's comments.
    In response to these comments, RSPA/OPS has supported the pipeline 
industry's initiatives to develop guidelines for operator public 
education programs. These initiatives resulted in API RP 1162.

Pipeline Safety Improvement Act of 2002

    On December 17, 2002, Congress enacted the Pipeline Safety 
Improvement Act (PSIA) of 2002, mandating public education activities 
by pipeline operators and DOT, with a deadline of one year for 
performing these activities. These mandates require that:
     Each pipeline owner and operator carry out a continuing 
public education program.
     Each pipeline owner and operator use a one-call 
notification system prior to excavation and other damage prevention 
activities.

     Each pipeline owner and operator communicate to the public 
the possible hazards associated with unintended releases from the 
pipeline facility, including:

    --Physical indications that such a release may have occurred,
    --Steps that should be taken for public safety in the event of a 
pipeline release, and
    --How to report a release or other event.

     Each pipeline owner and operator review its existing 
public education program for effectiveness and modify the program as 
necessary to include activities to advise affected municipalities, 
school districts, businesses, and residents of pipeline locations.
     DOT issue standards prescribing the elements of an 
effective public education program and develop material for use in the 
program.
    As a first step in responding to these mandates, RSPA/OPS prepared 
a self-assessment form for each operator's use in reviewing its public 
education program. The draft form was first distributed to attendees at 
two public workshops held during September 2003 in Houston, Texas, and 
Baltimore, Maryland. The results of the self-assessment (which is based 
on a self-assessment process defined in API RP 1162) can serve as the 
basis for defining any necessary improvements to operator programs. 
RSPA/OPS issued an advisory notice \3\ that required all pipeline 
operators to complete the self-assessment form and return it to RSPA/
OPS by December 17, 2003 (the deadline prescribed in the PSIA).
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    \3\ 68 FR 66155, Pipeline Safety: Self-Assessment of Public 
Education Programs, November 25, 2003. This notice may be viewed at 
http://ops.dot.gov/whatsnew/AdvBulletinADB0308.pdf.
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    To more fully implement the mandates of the PSIA, RSPA/OPS 
encouraged and supported the development of API RP 1162 and is now 
proposing this rule for pipeline operator public education programs, 
utilizing the provisions of API RP 1162 for these programs.

American Petroleum Institute (API) Recommended Practice API RP 1162

    In 2001, at the request of RSPA/OPS, API began the development of a 
new standard for pipeline operator public education programs, 
designated as API Recommended Practice API RP 1162, through formation 
of an expanded task force that included representation from gas and 
liquid transmission pipeline operators and gas distribution pipeline 
operators. Representatives of RSPA/OPS and the National Association of 
Pipeline Safety Representatives (NAPSR) (representing State pipeline 
regulatory agencies) attended all meetings of the task force as 
observers and provided direction and input into both the process and 
the content of the standard. RSPA/OPS recognized the potential of the 
new standard to support its efforts to promote safety through improved 
public communications.
    The API RP 1162 task force developed a draft standard for comment, 
which was presented at a meeting in Houston, Texas, on July 25, 2002. 
The meeting was attended by public officials and local emergency 
planning committees (LEPCs), as well as pipeline companies. Comments 
were also invited through the API Web site. Comments were incorporated 
in a new draft standard that API presented at a subsequent public 
meeting on pipeline public communications in Bellevue, Washington on 
January 29, 2003. This meeting was co-sponsored by RSPA/OPS, State 
pipeline regulators, and pipeline industry organizations. Additional 
comments were incorporated and a revised draft was issued on May 29, 
2003, for API balloting and the beginning of the American National 
Standards Institute (ANSI) review process. A final corrected draft was 
issued on September 2, 2003. This draft was presented at the September 
2003, public workshops held in Houston, TX and Baltimore, MD.
    Pipeline industry organizations generally agreed with the direction 
of RSPA/OPS and the work of the API RP 1162 committee. In response, API 
issued a Joint Statement on Enhancing Public Awareness Programs for the 
Pipeline Industry (May 28, 2003), which committed the industry to 
adopting ``* * * a consensus standard establishing a baseline public 
awareness program for pipeline operators * * *'' and urged RSPA/OPS ``* 
* * to satisfy any need to supplement current requirements for public 
awareness programs by incorporating [API] RP 1162 into its regulations 
* * *.'' The joint statement was signed by executives of the following 
organizations:
     API;
     Association of Oil Pipelines (AOPL);
     American Gas Association (AGA);
     Interstate Natural Gas Association of America (INGAA);
     American Public Gas Association (APGA).

The Proposed Rule

    RSPA/OPS proposes a rule to require each pipeline operator to 
develop, implement, and maintain a public education program that 
complies with the requirements of API RP 1162. This proposed rule 
applies to all pipelines regulated under 49 CFR parts 192 and 195, 
including:
     Interstate and intrastate hazardous liquid transmission 
pipelines.
     Interstate and intrastate natural gas transmission 
pipelines.

[[Page 35282]]

     Natural gas distribution pipelines.
     Oil and gas gathering lines.
    If an operator's current public education program does not comply 
with API RP 1162, the operator would be required to modify the program 
to come into compliance. Information on API RP 1162, including a link 
to the document, may be found at: http://primis.rspa.dot.gov/edu/rp1162.htm.
    The proposed rule would require all pipeline operators to develop 
and implement public education programs that address the following 
stakeholder audiences:
     Affected public.
     Local officials.
     Emergency responders.
     Excavators/Contractors.
     Land Developers.
     One-Call Centers.
    For each stakeholder audience, API RP 1162 defines requirements for 
public education programs, including:
     The message to be delivered to each audience.
     The frequency of message delivery.
     The methods/media to deliver the message.
    The requirements include baseline program requirements, which apply 
throughout the operator's pipeline system, and supplemental 
requirements, which apply to specific locations along the pipeline 
system where relevant location-specific factors make additional 
education activities necessary. Operators are required to consider the 
following factors when deciding where supplemental program enhancements 
should be added to the program, what enhancements should be added, and 
which audience groups should be the target of the enhancements:
     Potential Hazards.
     High Consequence Areas (as defined in 49 CFR parts 192 and 
195).
     Population density.
     Land development activity.
     Land farming activity.
     Third party damage incidents.
     Environmental considerations.
     Pipeline history in an area.
     Specific local situations.
     Regulatory requirements.
     Results from previous public education program 
evaluations.
     Other relevant needs.
    Baseline and supplemental program requirements for different 
pipeline operator types are summarized in a set of tables in API RP 
1162 that may be found at: http://primis.rspa.dot.gov/edu/RP1162/Sect-2_Tables_Prelim_Post-to-Web_090903.pdf.
    Each operator is required to establish and periodically update a 
written public education program covering all program elements. The 
written program should include:
     A statement of the company's management commitment to 
achieving effective public/community education.
     A description of the roles and responsibilities of 
personnel administering the program.
     Identification of key personnel and their titles 
(including senior management responsible for the implementation, 
delivery and ongoing development of the program).
     Identification of the targeted audiences and the 
information to be communicated to each.
     Identification of the media and methods of communication 
to be used in the program, as well as the basis for selecting the 
chosen method and media.
     Documentation of the frequency and the basis for selecting 
that frequency for communicating with each of the targeted audiences.
     Identification of program enhancements, beyond the 
baseline program, and the basis for implementing such enhancements.
     The program evaluation process, including the evaluation 
objectives, methodology to be used to perform the evaluation and 
analysis of the results, and criteria for program improvement based on 
the results of the evaluation.

Regulatory Analyses and Notices

Executive Order 12866 and DOT Regulatory Policies and Procedures

    The Department of Transportation (DOT) does not consider this 
proposed rule to be a significant regulatory action under section 3(f) 
of Executive Order 12866 (58 FR 51735; October 4, 1993). RSPA does not 
consider this proposed rule significant under DOT's regulatory policies 
and procedures (44 FR 11034: February 26, 1979). We prepared a Draft 
Regulatory Evaluation for this proposed rule and placed it in the 
public docket for review. The evaluation concludes that there will only 
be minimal additional costs for operators to comply with the proposed 
rule, as the rule is based on the API RP 1162, which encompasses 
consensus industry standard practices. Most operators have existing 
public education programs, some of which may need to be expanded to 
meet the requirements of API RP 1162, but this is not expected to 
involve significant cost. A primary benefit of this rulemaking is 
complying with Congressional mandates. In addition, increased public 
awareness that is obtained through the expansion of public education 
programs is expected to have some benefits due to a potential for fewer 
pipeline accidents from third party damage and improved emergency 
response. Pipeline industry organizations have already endorsed the use 
of API RP 1162 as the basis for new regulatory requirements for 
pipeline operator public education programs.

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), RSPA/
OPS must consider whether a rulemaking would have a significant impact 
on a substantial number of small entities. This proposed rule has been 
developed in accordance with Executive Order 13272 (Proper 
Consideration of Small Entities in Agency Rulemaking) and DOT's 
procedures and policies to promote compliance with the Regulatory 
Flexibility Act. This ensures that the potential impacts of proposed 
rules on small entities are properly considered. The majority of gas 
transmission and hazardous liquid pipeline operators are large 
entities. Of the pipeline operators that are small entities, the 
majority are gas distribution operators. Two trade associations 
represent natural gas distribution operators: The AGA and the APGA. The 
APGA represents municipally-operated gas distribution systems. 
Conversations between RSPA and APGA indicate that there are 
approximately 950 municipally operated gas distribution operators. APGA 
represents 600 of these. Of these 600, APGA estimates that 550 of them 
would be classified as small entities. The APGA has held two 
teleconferences for its members concerning implementation of the public 
education program requirements of API RP 1162. They have indicated that 
compliance with the provisions of this standard would not represent a 
significant impact on their members, because of the possibility of 
flexibility in implementing the standard's requirements. APGA indicated 
that it would be willing to help small pipeline operators with 
compliance with this regulation. Based upon the above information 
showing that the economic impact of this rule on small entities will be 
minimal, I certify under section 605 of the Regulatory Flexibility Act 
that this regulation will not have a significant impact on a 
substantial number of small entities.

Paperwork Reduction Act

    This proposed rule contains some information collection 
requirements. As required by the Paperwork Reduction Act of 1995 (44 
U.S.C. 3507(d)), DOT will submit a copy of the Paperwork Reduction Act 
analysis to the Office of Management and Budget for its review and to 
the docket. The requirements for information collection include 
development by each pipeline operator

[[Page 35283]]

of a written public education program in compliance with API RP 1162. 
In addition, API RP 1162 includes requirements for public education 
program documentation and recordkeeping. The standard was developed by 
a pipeline industry group and reflects industry standard practices for 
these aspects of operator programs. Some operators may have increased 
required levels of documentation and recordkeeping, but these are not 
expected to be significant. Therefore, RSPA concludes that this 
proposed rule contains only a minor additional paperwork burden. RSPA 
has estimated that it will take each operator an additional 8 hours to 
submit these programs to RSPA, at a total cost over the industry of 
$19,200 per year.
    Comments 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 are to 
respond, including the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques.

Executive Order 13175

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13084 
(Consultation and Coordination with Indian Tribal Governments). Because 
this proposed rule does not significantly or uniquely affect the 
communities of the Indian tribal governments and does not impose 
substantial direct compliance costs, the funding and consultation 
requirements of Executive Order 13175 do not apply.

Executive Order 13132

    This proposed rule has been analyzed in accordance with the 
principles and criteria contained in Executive Order 13132 
(Federalism). This proposed rule 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 States and local 
governments, or
    (3) Preempts State law.
    Therefore, the consultation and funding requirements of Executive 
Order 13132 (64 FR 43255; August 10, 1999) do not apply. It should be 
noted that representatives of the National Association of Pipeline 
Safety Representatives (NAPSR), which includes State pipeline safety 
regulators, have participated extensively in the development and review 
of API RP 1162, which forms the basis for this proposed rule.

Unfunded Mandates

    This proposed rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$100 million or more to either State, local, or tribal governments, in 
the aggregate, or to the private sector. An industry working group, 
along with participants from NAPSR, developed API RP 1162, which forms 
the basis for the rule. Industry organizations have endorsed this 
approach to setting requirements for operator public education 
programs. RSPA/OPS believes this to be the least burdensome alternative 
that achieves the objective of the rule.

National Environmental Policy Act

    RSPA/OPS has analyzed the proposed rule for purposes of the 
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and have 
preliminarily determined that this action would not significantly 
affect the quality of the environment. The rule requires development of 
pipeline operator public education programs that follow API RP 1162. 
This may result in expanded public education activities by operators, 
but will not result in physical disruption of the environment in the 
vicinity of pipelines. These additional public education activities can 
have a positive environmental effect, if increased public awareness 
results in a lower frequency of pipeline accidents due to excavation 
damage or if increased awareness results in lower consequences of 
pipeline accidents due to more effective emergency response to 
accidents. These potential positive benefits are not expected to be 
significant, however. The Environmental Assessment of this proposed 
rule is available for review in the docket.

Executive Order 13211

    This proposed rulemaking is not a ``significant energy action'' 
under Executive Order 13211 (Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use). It is not a 
significant regulatory action under Executive Order 12866 and is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy. Further, this rulemaking has not been 
designated by the Administrator of the Office of Information and 
Regulatory Affairs as a significant energy action.

List of Subjects

49 CFR Part 192

    Agency procedures, Gas, Natural gas, Pipeline safety, Public 
education, Reporting and recordkeeping requirements.

49 CFR Part 195

    Agency procedures, Hazardous liquid, Oil, Petroleum, Pipeline 
safety, Public education, Reporting and recordkeeping requirements.
    In consideration of the foregoing, RSPA/OPS proposes to amend parts 
192 and 195 of title 49 of the Code of Federal Regulations as follows:

PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE: 
MINIMUM FEDERAL SAFETY STANDARDS

    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 192.7 is amended to revise the table in paragraph (c)(2) 
by adding a new item B.(5) to read as follows:


Sec.  192.7  Incorporation by reference.

* * * * *
    (c) * * *
    (2) * * *

------------------------------------------------------------------------
   Source and name of referenced material          49 CFR reference
------------------------------------------------------------------------
A. * * *
B. * * *
(5) API RP 1162 ``Public Awareness Programs  Sec.   192.616
 for Pipeline Operators'' (2003).
 
                                * * * * *
------------------------------------------------------------------------

    3. Section 192.616 is revised to read as follows:


Sec.  192.616  Public education.

    Each pipeline operator shall establish a continuing public 
education program to enable all interested and affected parties to 
recognize a gas pipeline emergency, to react safely to the emergency, 
and to report the emergency to the operator or appropriate public 
officials. Each operator is required to develop, implement, and 
maintain a public education program that complies

[[Page 35284]]

with standard API RP 1162 (IBR, see Sec.  192.7).

PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

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

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

    5. Section 195.3 is amended to revise the table in paragraph (c) by 
redesignating items B.(13) through B.(16) as B.(14) through B.(17) and 
adding a new item B.(13) to read as follows:


Sec.  195.3  Material incorporated by reference.

* * * * *
    (c) * * *

------------------------------------------------------------------------
     Source and name of referenced material           49 CFR reference
------------------------------------------------------------------------
A. * * *
B. * * *
(13) API RP 1162 ``Public Awareness Programs for  Sec.   195.440; 195
 Pipeline Operators'' (2003).
(14) API Recommended Practice 2003 ``Protection   Sec.  Sec.   195.134;
 Against Ignitions Arising out of Static,          195.444; 195.405(a)
 Lightning, and Stray Currents'' (6th edition,
 1998).
(15) API Publication 2026 ``Safe Access/Egress    Sec.   195.405(b)
 Involving Floating Roofs of Storage Tanks in
 Petroleum Service'' (2nd edition, 1998).
(16) API Recommended Practice 2350 ``Overfill     Sec.   195.428(c)
 Protection for Storage Tanks In Petroleum
 Facilities'' (2nd edition, 1996).
(17) API Standard 2510 ``Design and Construction  Sec.  Sec.
 of LPG Installations'' (7th edition, 1995).       195.132(b)(3);
                                                   195.205(b)(3);
                                                   195.264(b)(2);
                                                   195.264(e)(4);
                                                   195.307(e);
                                                   195.428(c);
                                                   195.432(c)
 
                              * * * * * * *
------------------------------------------------------------------------

    6. Section 195.440 is revised to read as follows:


Sec.  195.440  Public education.

    Each pipeline operator shall establish a continuing public 
education program to enable all interested and affected parties to 
recognize a hazardous liquid pipeline emergency, to react safely to the 
emergency, and to report the emergency to the operator or appropriate 
public officials. Each operator is required to develop, implement, and 
maintain a public education program that complies with the requirements 
of standard API RP 1162 (IBR, see Sec.  195.3).

    Issued in Washington, DC, on June 3, 2004.
Stacey L. Gerard,
Associate Administrator, Office of Pipeline Safety.
[FR Doc. 04-12993 Filed 6-23-04; 8:45 am]
BILLING CODE 4910-60-P