[Federal Register Volume 69, Number 173 (Wednesday, September 8, 2004)]
[Rules and Regulations]
[Pages 54248-54249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20262]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 192

[Docket No. RSPA-02-13208]
RIN 2137-AD01


Pipeline Safety: Pressure Limiting and Regulating Stations

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

ACTION: Confirmation of effective date of direct final rule.

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SUMMARY: In the May 17, 2004, issue of the Federal Register, the 
Research and Special Programs Administration's Office of Pipeline 
Safety (RSPA/OPS) published a direct final rule that removed an 
unintended impact of regulations on pressure limiting and regulating 
stations. The direct final rule modified pressure limits that could 
have required a reduction in the operating pressure of certain 
pipelines and been impracticable for other pipelines to

[[Page 54249]]

meet. The present document confirms the effective date of that direct 
final rule.

EFFECTIVE DATES: The direct final rule published May 17, 2004 (69 FR 
27861), goes into effect October 8, 2004.

FOR FURTHER INFORMATION CONTACT: L.M. Furrow by phone at 202-366-4559, 
by fax at 202-366-4566, by mail at U.S. Department of Transportation, 
400 Seventh Street, SW., Washington, DC 20590, or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION: On May 17, 2004, RSPA/OPS published a direct 
final rule titled ``Pipeline Safety: Pressure Limiting and Regulating 
Stations'' (69 FR 27861). In the direct final rule, RSPA/OPS stated 
that if it did not receive an adverse comment, as defined in 49 CFR 
190.339(c),\1\ or notice of intent to file an adverse comment by July 
16, 2004, it would publish a confirmation document to announce that the 
direct final rule would go into effect on September 14, 2004, or at 
least 30 days after the confirmation document is published, whichever 
is later.
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    \1\ An adverse comment is one which explains why the rule would 
be inappropriate, including a challenge to the rule's underlying 
premise or approach, or would be ineffective or unacceptable without 
a change. Comments that are frivolous or insubstantial will not be 
considered adverse under this procedure. A comment recommending a 
rule change in addition to the rule will not be considered an 
adverse comment, unless the commenter states why the rule would be 
ineffective without the additional change.
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    As of July 16, 2004, only one person, Barb Sachau, submitted a 
comment on the direct final rule. Ms. Sachau exhorted RSPA/OPS to 
ensure pipelines are truly safe by adopting additional standards and 
hiring experts. Because Ms. Sachau addressed pipeline safety in general 
and did not speak specifically about the direct final rule, we do not 
consider her comment to be an adverse comment under 49 CFR 190.339(c). 
Therefore, by this document, we are confirming that the direct final 
rule will go into effect on October 8, 2004.

    Issued in Washington, DC, on August 30, 2004.
Stacey L. Gerard,
Associate Administrator for Pipeline Safety.
[FR Doc. 04-20262 Filed 9-7-04; 8:45 am]
BILLING CODE 4910-60-P