[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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