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-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.

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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.

SUPPLEMENTARY INFORMATION:

API Proposal

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

(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.

Notice of Proposed Rulemaking

RSPA 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

[[Page 43027]]

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.

Regulatory Analyses and Notices

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.

Executive Order 12612

We 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.

Regulatory Flexibility Act

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.

List of Subjects in 49 CFR Part 195

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:

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) and (2) are 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, 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]

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