Pressure Testing Older Hazardous Liquid and Carbon Dioxide Pipelines

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 195

[Docket No. PS-121; Amdt. 195-51B]

RIN 2137-AB 46

Pressure Testing Older Hazardous Liquid and Carbon Dioxide

Pipelines

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

ACTION: Notice of proposed rulemaking; Extension of time for

compliance.

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SUMMARY: This document proposes to extend the time for compliance with

the requirements to plan and schedule pressure testing of older

hazardous liquid and carbon dioxide pipelines. Plans are now required

by December 7, 1995. This extension of time for compliance is in

response to a petition from the American Petroleum Institute (API) to

apply a risk-based alternative to the required pressure testing of

older pipelines. The extension of time will allow RSPA time to consider

the petition.

DATES: The deadline that establishes regulations for planning and

scheduling pressure testing is proposed to be extended to December 7,

1996. All other deadlines remain intact. Comments on this notice of

proposed rulemaking (NPRM) must be received on or before November 22,

1995.

ADDRESSES: Written comments must be submitted in duplicate and mailed

or hand-delivered to the Dockets Unit, room 8421, U.S. Department of

Transportation, Research and Special Programs Administration, 400

Seventh Street, SW., Washington, DC 20590. Identify the docket and

notice numbers stated in the heading of this notice. All comments and

materials cited in this document will be available for inspection and

copying in room 8421 between 8:30 a.m. and 4:30 p.m. each business day.

Non-federal employee visitors are admitted to the DOT headquarters

building through the southwest quadrant at Seventh and E Streets.

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.

SUPPLEMENTARY INFORMATION: In 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. 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. API argued that its proposal would allow operators to focus

resources and effect a greater reduction in the overall risk from

pipeline accidents. API has requested a high priority be placed on

reviewing their proposal because of the compliance dates for the

pressure testing rule. In addition, RSPA has received a few phone calls

and requests of waiver of compliance with the June 7, 1994 final rule.

Because RSPA has been working actively with the pipeline industry

to develop a risk management framework for pipeline regulations, RSPA

wants to evaluate the API proposal carefully. RSPA realizes that

substantial planning is required before pressure testing older

pipelines. Operators will need time to prepare pipeline systems for

testing and to arrange for personnel and equipment to conduct the

tests. System changes and actual testing must be coordinated with

operations to minimize the impact on refineries, distributors, and

users of the transported products. Also, operators need time to assure

that testing is done safely, with the least environmental risk, and in

accordance with applicable Federal and State regulations.

Thus, RSPA is proposing to extend the time for compliance to allow

evaluation of the API petition. Although the comment period on this

proposed extension is limited to thirty days, RSPA recognizes that a

final rule cannot be published well in advance of the current

compliance date of December 7, 1995. Thus, in order to prevent imposing

an undue burden on operators of pipelines which would have to prepare

the plans anyway because of late issuance of the final rule, RSPA

announces that it will not enforce the December 7, 1995, compliance

date prior to a final rule on this notice. RSPA is issuing this NPRM

with less than 60 days notice because of the limited time available

between this date and December 7, 1995.

Impact Assessment

This notice proposes to extend the time for compliance of the final

rule establishing regulations for pressure testing older hazardous

liquid and carbon dioxide pipelines published on June 7, 1994, for one

year, so there is no additional cost to comply with these rules. This

proposed rule is considered to be non-significant under Executive Order

12286, and DOT Regulatory Policies and Procedures (44 FR 11034;

February 26, 1979). This extension does not warrant preparation of a

Regulatory Evaluation. Also, based on the facts available concerning

the impact of this proposed rule, I certify under section 606 of the

Regulatory Flexibility Act that it does not have a significant impact

on a substantial number of small entities. This action has been

analyzed under the criteria of Executive Order 12612 (52 FR 41685) and

found not to warrant preparation of a Federalism Assessment.

[[Page 54329]]

List of Subjects in 49 CFR Part 195

Anhydrous ammonia, Carbon dioxide, Petroleum, Pipeline safety,

Reporting and recordkeeping requirements.

In consideration of the foregoing, RSPA proposes to amend part 195

of title 49 of the Code of Federal Regulations as follows:

PART 195--[AMENDED]

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) is revised to read as follows:

Sec. 195.302 General requirements.

* * * * *

(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, 1996, 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).

* * * * *

Issued in Washington, D.C. on October 17, 1995.

Richard B. Felder,

Associate Administrator for Pipeline Safety.

[FR Doc. 95-26050 Filed 10-20-95; 8:45 am]

BILLING CODE 4910-60-P