RegulusPipeline research61 FR 43026
Passage 1[Federal Register Volume 61, Number 162 (Tuesday, August 20, 1996)] [Rules and Regulations] [Pages 43026-43027] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-21143] ======================================================================= ----------------------------------------------------------------------- Research and Special Programs Administration [Docket No. PS-121; Amdt. 195-51B] RIN 2137-AC 83 Pressure Testing Older Hazardous Liquid and Carbon Dioxide Pipelines AGENCY: Research and Special Programs Administration (RSPA), DOT. ACTION: Final rule; extension of time for compliance. ----------------------------------------------------------------------- SUMMARY: This final rule extends the time for compliance with the requirements for pressure testing of older hazardous liquid and carbon dioxide pipelines. Plans for testing, which were to be completed by December 7, 1995, would now be required by December 7, 1997. The dates for actual completion of the testing, previously December 7, 1998, and December 7, 2001, are extended by one year. RSPA is extending these compliance dates to allow time to complete rulemaking based on the American Petroleum Institute's (API) petition for a risk-based alternative to the required pressure testing rule. RSPA will issue a proposed rule for a risk-based alternative to the existing pressure testing rule. DATES: Effective Date: This rule is effective August 20, 1996. Compliance Dates: The deadline for complying with Sec. 195.302(c)(1) is extended to December 7, 1997. The deadline for complying with Sec. 195.302(c)(2)(i) is extended to December 7, 1999. The deadline for complying with Sec. 195.302(c)(2)(ii) is extended to December 7, 2002. FOR FURTHER INFORMATION CONTACT: Mike Israni, (202) 366-4571, regarding the subject matter of this document, or the Dockets Unit (202) 366- 4453, for copies of this document or other information in the docket.#
Passage 2In a petition dated June 23, 1995, API submitted a risk-based alternative to the pressure testing rule and requested that RSPA delay implementation of the rule until the API proposal has been given full consideration. A copy of the API proposal is available in the docket (Dockets Unit, Room 8421 at DOT Headquarters will be temporary closed from August 15 to September 15, 1996. During this period pipeline safety dockets will be available in Room 2335 of the DOT Headquarters). API urged that the rule on pressure testing older hazardous liquid and carbon dioxide pipelines presents an opportunity to apply a risk-based approach to pressure testing, and proposed a risk-based alternative to the final rule issued on June 7, 1994 (59 FR 29379). RSPA has been working with the pipeline industry to develop a risk management framework for pipeline regulation and decided to evaluate the API proposal carefully. Because substantial planning is required before pressure testing older pipelines, an extension of time for compliance was needed to avoid unnecessary costs in planning. RSPA has now decided to initiate rulemaking on the API proposal. A notice of proposed rulemaking will be published separately to accomplish this.#
Passage 3RSPA published a Notice of Proposed Rulemaking (NPRM) (Docket PS- 121; 60 FR 54328; October 23, 1995) proposing one year extension of the compliance deadline to plan and schedule pressure testing. In addition, RSPA recognized that a final rule on extended compliance dates could not be issued in time to forestall the burden on operators of preparing the plans because of late issuance of the final rule. Thus, RSPA announced that it would not enforce December 7, 1995, compliance date. RSPA held a meeting with API members on January 31, 1996, to clarify their proposal and held a public meeting on the API proposal on March 25, 1996. On May 8, 1996, RSPA briefed the Technical Hazardous Liquid Pipeline Safety Committee (THLPSSC) on the API proposal. RSPA received two written comments on the NPRM on the extension of the compliance deadline. Both favored an extension. RSPA also received several comments from the industry during the public meetings that all the compliance deadlines for the current pressure test rule should be extended. Industry argued that they were not sure of what changes RSPA might suggest in the present rulemaking, so they could not plan in advance. RSPA agrees with the comments about the need for extension of the comment period while rulemaking on the API proposal is conducted. These new compliance dates are as follows: Before December 7, 1997, plan and schedule testing; Before December 7, 1999, pressure test each pipeline containing more than 50 percent by mileage of electric resistance welded pipe manufactured before 1970; and at least 50 percent of the mileage of all other pipelines; and Before December 7, 2002, pressure test the remainder of the pipeline mileage. Executive Order 12866 and DOT Policies and Procedures The Office of Management and Budget (OMB) does not consider this final rule to be a significant regulatory action under section 3(f) of Executive Order 12866. Therefore, OMB did not review the final rule under that order. Also, DOT does not consider the final rule to be significant under its regulatory policies and procedures (44 FR 11034, February 26, 1979). This extension of compliance dates does not warrant preparation of a Regulatory Evaluation.#
Passage 4We analyzed the final rule under the principles and criteria in Executive Order 12612 (``Federalism''). The final rule does not have sufficient federalism impacts to warrant preparation of a federalism assessment. I certify, under Section 605 of the Regulatory Flexibility Act, that this final rule will not have a significant economic impact on a substantial number of small entities. Carbon dioxide, Petroleum, Pipeline safety, Reporting and recordkeeping requirements. In consideration of the foregoing, RSPA amends part 195 of title 49 of the Code of Federal Regulations as follows: 1. The authority citation for part 195 continues to read as follows: Authority: 49 U.S.C. 60102, 60104, 60108, 60109; and 49 CFR 1.53. 2. Section 195.302(c) (1) and (2) are revised to read as follows: * * * * * (c) Except for onshore pipelines that transport HVL, the following compliance deadlines apply to pipelines under paragraphs (b)(1) and (b)(2)(i) of this section that have not been pressure tested under this subpart: (1) Before December 7, 1997, for each pipeline each operator shall-- (i) Plan and schedule testing according to this paragraph; or (ii) Establish the pipeline's maximum operating pressure under Sec. 195.406(a)(5). (2) For pipelines scheduled for testing, each operator shall-- (i) Before December 7, 1999, pressure test-- (A) Each pipeline identified by name, symbol, or otherwise that existing records show contains more than 50 percent by mileage of electric resistance welded pipe manufactured before 1970; and (B) At least 50 percent of the mileage of all other pipelines; and (ii) Before December 7, 2002, pressure test the remainder of the pipeline mileage. Issued in Washington, D.C. on August 14, 1996. Kelley S. Coyner, Deputy Administrator. [FR Doc. 96-21143 Filed 8-19-96; 8:45 am] BILLING CODE 4910-60-P#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.