[Federal Register Volume 71, Number 199 (Monday, October 16, 2006)]
[Notices]
[Pages 60794-60795]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17097]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2006-25026; Notice 1]


Pipeline Safety: Request for Waiver; Key West Pipeline Company

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
U.S. Department of Transportation (DOT).

ACTION: Notice of intent to consider waiver request.

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SUMMARY: PHMSA is seeking public comment on a waiver request from Key 
West Pipeline Company (KWPC) and Pipeline and Terminal Management 
Corporation (PTMC). KWPC and PTMC are requesting a waiver from the 
regulations governing the marking and depth of cover of burial 
requirements for underwater pipelines. Instead of marking and burying 
its pipeline as required under PHMSA regulations, KWPC and PTMC propose 
to post and maintain warning signs.

DATES: Persons interested in submitting written comments on the waiver 
request described in this notice must do so by November 15, 2006. 
Comments received after the due date may be considered at PHMSA's 
discretion.

ADDRESSES: You may submit written comments by mailing or delivering an 
original and two copies to the Dockets Facility, U.S. Department of 
Transportation (DOT), Room PL-401, 400 Seventh Street, SW., Washington, 
DC 20590-0001. The Dockets Facility is open from 9 a.m. to 5 p.m., 
Monday through Friday, except on Federal holidays when the facility is 
closed. Alternatively, you may submit written comments to the docket 
electronically at the following Web address: http://dms.dot.gov. All 
written comments should identify the docket and notice number stated in 
the heading of this document. Anyone who would like confirmation of 
mailed comments must include a self-addressed stamped postcard. To file 
written comments electronically, after logging on to http://dms.dot.gov, click on ``Comment/Submissions.'' You can also read 
comments and other materials in the docket. General information about 
the Federal pipeline safety program is available at http://phmsa.dot.gov.
    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 (65 FR 19477) or you may visit http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: James Reynolds by telephone at 202-
366-2786, by fax at 202-366-4566, by mail at DOT, Pipeline and 
Hazardous Materials Safety Administration (PHMSA), 400 7th Street, SW., 
Room 2103, Washington, DC 20590, or by e-mail at 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    KWPC and PTMC, manager of KWPC's jet fuel receipt, storage, and 
pipeline operations in Key West, FL, request a waiver of compliance 
from the regulatory requirements of 49 CFR 195.413(c) (2) and (3).
    Section 195.413(c)(2) requires an operator to promptly, but not 
later than 7 days after discovery, mark the location of its pipeline in 
accordance with 33 CFR Part 64 at the ends of the pipeline segment and 
at intervals of not over 500 yards (457 meters) long, except that a 
pipeline segment less than 200 yards (183 meters) long need only be 
marked at the center. The requested waiver would allow KWPC to install 
signs on the shoreline of Key West, FL and Fleming Key and on the 
bridge linking Key West, FL to Fleming Key. Moreover, the signs will 
identify the location of the pipeline as a restricted area and prohibit 
stopping or anchoring within 100 yards of the shoreline pursuant to 33 
CFR 334.610.
    Section 195.413(c)(3) requires an operator within 6 months after 
discovery, or no later than November 1

[[Page 60795]]

of the following year if the 6 month period is later than November 1 of 
the year of discovery, bury the pipeline so that the top of the pipe is 
36 inches (914 millimeters) below the underwater natural bottom (as 
determined by recognized and generally accepted practices) for normal 
excavation or 18 inches (457 millimeters) for rock excavation. The 
requested waiver would allow KWPC's pipeline to exist exposed above the 
underwater natural bottom in Fleming Channel and require KWPC to 
inspect the pipeline on an annual basis.
    On August 16-18, 2005, KWPC performed an inspection of the 
underwater segments of its pipeline. The underwater inspection 
concluded that less than 200 feet of KWPC's pipeline was partially or 
totally exposed above the underwater natural bottom in Fleming Channel, 
an inlet of the Gulf of Mexico.
    The exposed segment is east of the bridge connecting Key West, FL 
to Fleming Channel and is located in waters that are approximately 11 
feet deep at mean low water and approximately 13.5 feet deep at mean 
high water. The exposed segment lies immediately adjacent to the Trumbo 
Point Navel Annex, part of Naval Air Station--Key West (NASKW) military 
reservation. Both sides of Fleming Channel within the immediate 
vicinity of the exposed pipeline are bordered by the NASKW.
    Upon discovering the exposed pipe on August 18, 2005, KWPC notified 
the National Response Center of the location and the geographic 
coordinates of the exposed pipeline. KWPC also met with the U.S. Coast 
Guard (USCG) on the same day to discuss suitable ways to mark the 
exposed pipeline in accordance with pipeline safety regulations and to 
prevent the markers from becoming a hazard to navigation in the active 
boating channel.
    KWPC determined that marking the exposed pipeline in compliance 
with Sec.  195.413(c)(2) and (3) created a hazard to navigation; 
therefore, KWPC proposed marking the exposed pipeline by placing a 
warning sign on the bridge crossing the channel, as well as installing 
two signs on the opposing sides of the waterway on NASKW property.
    On August 19, 2005, KWPC submitted a written request to the USCG 
seeking approval of the marking proposal. In its proposal request to 
the USCG, KWPC noted that the potential for damage to the pipeline from 
recreational boaters is minimized because the pipeline is in an area 
where anchoring is prohibited, pursuant to 33 CFR 334.610.
    In a letter dated September 6, 2005, the USCG responded to KWPC's 
proposal request and did not object to KWPC's proposed method of 
marking the exposed pipeline.

Request for Waiver

    KWPC requests a waiver from Sec.  195.413(c)(2) and (3) and asks 
that it be allowed to take the following actions:
    (1) Install a sign on the shoreline of Key West, FL and Fleming Key 
immediately adjacent to the exposed pipeline segment, with the 
following information approved by the USCG--

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                                 Warning
 
                             Restricted Area
 
                              Transit Only
 
                        No Stopping or Anchoring
 
                        Within 100 Yards of Shore
 
                           Underwater Utility
 
                          33 CFR Sec.   334.610
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    (2) Install a similar sign on the west side of the permanent bridge 
linking Key West, FL to Fleming Key.
    (3) Inspect the exposed pipeline segment on an annual basis to 
confirm that there has been no material change in the condition of the 
exposed segment.
    KWPC's exposed pipeline is located within the restricted waters of 
Fleming Channel. The U.S. Navy patrols the restricted waters of Fleming 
Channel to ensure that the waters are used for transient traffic as 
prescribed in 33 CFR 334.610.

Request for Public Comment

    PHMSA will consider the KWPC and PTMC waiver request and whether 
the KWPC and PTMC proposal will yield an equivalent or greater degree 
of safety than what is currently provided by the regulations. This 
notice is PHMSA's only request for public comment before making a 
decision. After considering any comments received, PHMSA may grant the 
KWPC and PTMC waiver request as proposed, with modifications and 
conditions, or deny the request. If the waiver request is granted and 
PHMSA subsequently determines that the effect of the waiver is 
inconsistent with pipeline safety, PHMSA may impose additional 
conditions or revoke the waiver at its sole discretion.

    Issued in Washington, DC on October 6, 2006.
Theodore L. Willke,
Acting Associate Administrator for Pipeline Safety.
[FR Doc. E6-17097 Filed 10-13-06; 8:45 am]
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