Pipeline Safety: Periodic Updates to Pipeline Safety Regulations, 3147-3149 [05-1062]

Download as PDF Federal Register / Vol. 70, No. 13 / Friday, January 21, 2005 / Rules and Regulations Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use. We have determined that it is not a ‘‘significant energy action’’ under that order because it is not a ‘‘significant regulatory action’’ under Executive Order 12866 and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. It has not been designated by the Administrator of the Office of Information and Regulatory Affairs as a significant energy action. Therefore, it does not require a Statement of Energy Effects under Executive Order 13211. Environment We have analyzed this rule under Commandant Instruction M16475.1D, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f), and have concluded that there are no factors in this case that would limit the use of a categorical exclusion under section 2.B.2 of the Instruction. Therefore, this rule is categorically excluded, under figure 2–1, paragraph (34)(g), of the Instruction, from further environmental documentation. This rule fits the category from paragraph (34)(g) because it establishes a security zone. Under figure 2–1, paragraph (34)(g), of the Instruction, an ‘‘Environmental Analysis Check List’’ and a ‘‘Categorical Exclusion Determination’’ are not required for this rule. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. I For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for Part 165 continues to read as follows: I Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50 U.S.C. 191, 195; 33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation no. 0170.1. I 2. Add § 165.914 to read as follows: § 165.914 Safety Zones; Annual Fireworks Events in the Captain of the Port Buffalo Zone. (a) Safety zones. The following areas are designated safety zones: (1) Oswego Independence Day Fireworks, Oswego, NY. (i) Location. All waters of Oswego Harbor, in Lake Ontario, within a 1,000- VerDate jul<14>2003 12:35 Jan 19, 2005 Jkt 205001 foot radius of the fireworks barge moored or anchored in approximate position 43°28′05″ N, 076°31′01″ W (NAD 1983). (ii) Enforcement date. The first Sunday in July. (2) Oswego Harborfest Fireworks Display, Oswego, NY. (i) Location. (A) All waters of Oswego Harbor within a 300-yard radius around the fireworks barge located at 43°28′08″ N, 076°31′07″ W (NAD 1983). (B) All waters surrounding the fireworks display on the western break wall; 43°27′55″ N, 076°31′30″ W then to 43°28′03″ N, 076°31′12″ W then to 43°27′54″ N, 076°31′06″ W then to 43°27′48″ N, 076°31′26″ W then back to the point of origin (NAD 1983). (ii) Enforcement date. The last Saturday during the last full week of July. (3) Ontario Memorial Day Fireworks, Ontario, NY. (i) Location. All waters of Lake Ontario within a 200-yard radius of the fireworks display at Bear Creek Harbor located in position 43°16′39″ N, 077°16′35″ W (NAD 1983). (ii) Enforcement date. Memorial Day, the last Monday in May. (4) Olcott Fireworks, Olcott, NY. (i) Location. All waters of Lake Ontario within a 300-yard radius of the fireworks display on the west break wall of the Olcott Harbor entrance located in position 43°20′25″ N, 078°43′09″ W (NAD 1983). (ii) Enforcement date. July 3. (5) Harbor Sound and Light Festival, Sackets Harbor, NY. (i) Location. All waters of Lake Ontario within a 300-yard radius of the fireworks display on the beach just southwest of Mill Creek located in position 43°57′18″ N, 076°06′35″ W (NAD 1983). (ii) Enforcement date. The second Saturday in June. (6) Village of Sackets Harbor July 4 Display, Sackets Harbor, NY. (i) Location. All waters of Lake Ontario within a 200-yard radius of the fireworks display on the beach of Battlefield State Park located in position 43°56′56″ N, 076°07′43″ W (NAD 1983). (ii) Enforcement date. July 4. (b) Regulations. (1) The general regulations contained in 33 CFR 165.23 apply. (2) All persons and vessels must comply with the instructions of the Coast Guard Captain of the Port or the designated on scene patrol personnel. Coast Guard patrol personnel include commissioned, warrant, and petty officers of the U.S. Coast Guard. Upon being hailed by a U.S. Coast Guard vessel via siren, radio, flashing light, or PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 3147 other means, the operator shall proceed as directed. (3) Commercial vessels may request permission from the Captain of the Port Buffalo to transit the safety zone. Approval will be made on a case-bycase basis. Requests must be made in advance and approved by the Captain of the Port before transits will be authorized. The Captain of the Port may be contacted via U.S. Coast Guard Group Buffalo on Channel 16, VHF–FM. (4) Marine Event Permits (CG–4423) will still need to be sent to U.S. Coast Guard Group Buffalo, NY. (c) Notice of annual enforcement period. The Captain of the Port Buffalo will publish, at least 10 days in advance of each annual event, a notice of implementation of regulation in the Federal Register. The COTP may also issue notices in the Ninth Coast Guard District Local Notice to Mariners the dates and times this section will be enforced each year. Dated: November 15, 2004. P.M. Gugg, Commander, U.S. Coast Guard, Captain of the Port Buffalo. [FR Doc. 05–1103 Filed 1–19–05; 8:45 am] BILLING CODE 4910–15–P DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Part 192 [Docket No. RSPA–99–6106; Amdt. 192–94] RIN 2137–AD35 Pipeline Safety: Periodic Updates to Pipeline Safety Regulations Research and Special Programs Administration, DOT. ACTION: Direct final rule. AGENCY: SUMMARY: This direct final rule makes a minor editorial correction to the definition of ‘‘transmission line’’ in the Federal safety regulations for natural gas pipelines. The correction is intended to clarify that gathering lines are excluded from the definition of transmission line. Because gathering lines have never been included in the definition of transmission line, the correction will not result in any substantive change in the definition. DATES: This direct final rule goes into effect on May 6, 2005. If the Research and Special Programs Administration’s Office of Pipeline Safety (RSPA/OPS) E:\FR\FM\21JAR1.SGM 21JAR1 3148 Federal Register / Vol. 70, No. 13 / Friday, January 21, 2005 / Rules and Regulations does not receive an adverse comment 1 or notice of intent to file an adverse comment by March 22, 2005, it will publish a confirmation document within 15 days after the close of the comment period. The confirmation document will announce that this direct final rule will go into effect on the date stated above or at least 30 days after the document is published, whichever is later. If RSPA/OPS receives an adverse comment, it will publish a timely notice to confirm that fact and withdraw this direct final rule in whole or in part. RSPA/OPS may then incorporate changes based on the adverse comment into a subsequent direct final rule or may publish a notice of proposed rulemaking. ADDRESSES: You may submit written comments directly to the dockets by any of the following methods: • Mail: Dockets Facility, U.S. Department of Transportation, Room PL–401, 400 Seventh Street, SW., 20590–0001. Anyone wanting confirmation of mailed comments must include a self-addressed stamped postcard. • Hand delivery or courier: Room PL– 401, 400 Seventh Street, SW., Washington, DC. The Dockets Facility is open from 10 a.m. to 5 p.m., Monday through Friday, except Federal holidays. • Web site: Go to http://dms.dot.gov, click on ‘‘Comment/Submissions’’ and follow instructions at the site. All written comments should identify the docket number (RSPA–99–6106) stated in the heading of this notice. Docket access. For copies of this notice or other material in the docket, you may contact the Dockets Facility by phone (202–366–9329) or visit the facility at the above street address. For Web access to the docket to read and download filed material, go to http:// dms.dot.gov/search. Then type in the last four digits of the docket number shown in the heading of this notice, and click on ‘‘Search.’’ Privacy Act Information. Anyone can search the electronic form of all comments filed in any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted for an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement 1 An adverse comment is one which explains why the rule would be inappropriate, including a challenge to the rule’s underlying premise or approach, or would be ineffective or unacceptable without a change. Comments that are frivolous or insubstantial will not be considered adverse under this procedure. A comment recommending a rule change in addition to the rule will not be considered an adverse comment, unless the commenter states why the rule would be ineffective without the additional change. (49 CFR 190.339(c)). VerDate jul<14>2003 12:09 Jan 19, 2005 Jkt 205001 in the April 11, 2000, issue of the Federal Register (65 FR 19477) or go to http://dms.dot.gov. Electronic Access An electronic copy of this document may be downloaded by using a computer, modem, and suitable communications software from the Government Printing Office’s Electronic Bulletin Board Service at (202) 512– 1661. Internet users may reach the Office of the Federal Register’s Home page at: http://www.nara.gov/fedreg and the Government Printing Office’s database at: http://www.access.gpo.gov/ nara. You can also view and download this document by going to the Department’s Docket Management System Web page at: http:// www.dms.dot.gov. On that page, click on ‘‘search.’’ On the next page, type in the last four digits of the docket number shown in the title block on the first page of this document. Then, click on ‘‘search.’’ FOR FURTHER INFORMATION CONTACT: Gopala K. Vinjamuri, Research and Special Programs Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Room 2103, Washington, DC 20590–0001; (202) 366– 4503 (voice); (202) 366–4566 (fax); EMail Address: gopala.vinjamuri@rspa.dot.gov. SUPPLEMENTARY INFORMATION: On June 14, 2004, RSPA/OPS issued a final rule titled ‘‘Periodic Updates to Pipeline Safety Regulations’’ (69 FR 32886). The final rule amended various sections of the pipeline safety regulations and incorporated the most recent editions of the voluntary consensus standards publications referenced in the Federal Pipeline Safety Regulations in 49 CFR parts 192 and 195. On September 9, 2004, RSPA/OPS issued correcting amendments to the final rule (69 FR 54591). These amendments corrected several inadvertent errors in the final rule. After the correcting amendments were published, RSPA/OPS received three written comments noting that the correcting amendments failed to correct a punctuation error in the definition of transmission line in 49 CFR 192.3. These commenters contended that this punctuation error could be misinterpreted as creating an ambiguity in the definition of transmission line. Specifically, the commenters contended that the absence of a colon after the introductory phrase could lead to an unintended interpretation that the exclusion for gathering lines was not applicable to the second and third subclauses of the definition. PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 RSPA/OPS never intended the issuance of the final rule or the correcting amendments to result in any substantive change to the definition of transmission line. Moreover, gathering lines have never been included in the § 192.3 definition of transmission line. In response to the comments, however, we are correcting this punctuation error to remove even the potential for any ambiguity or misinterpretation in the definition of transmission line. This minor correction will not result in any substantive change to the definition. This direct final rule making a minor editorial correction is not a significant regulatory action within the meaning of Executive Order 12866 (‘‘Regulatory Planning and Review,’’ 58 FR 51735; Oct. 4, 1993), and is not significant within the meaning of Department of Transportation regulatory policies and procedures (44 FR 11034; Feb. 26, 1979). As required by the Regulatory Flexibility Act, as amended (5 U.S.C. 601 et seq.), RSPA/OPS certifies that the amendment made by this rule will not have a significant economic impact on a substantial number of small entities. List of Subjects in 49 CFR Part 192 Pipeline safety. For the reasons stated in the preamble, RSPA/OPS amends 49 CFR part 192 as follows: I PART 192—TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE: MINIMUM FEDERAL SAFETY STANDARDS 1. The authority citation for Part 192 continues to read as follows: I Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110, 60113, and 60118; and 49 CFR 1.53. 2. Amend § 192.3 by revising the definition of ‘‘transmission line’’ to read as follows: I § 192.3 Definitions. * * * * * Transmission line means a pipeline, other than a gathering line, that: (1) Transports gas from a gathering line or storage facility to a distribution center, storage facility, or large volume customer that is not down-stream from a distribution center; (2) operates at a hoop stress of 20 percent or more of SMYS; or (3) transports gas within a storage field. Note: A large volume customer may receive similar volumes of gas as a distribution center, and includes factories, power plants, and institutional users of gas. * E:\FR\FM\21JAR1.SGM * 21JAR1 * * * Federal Register / Vol. 70, No. 13 / Friday, January 21, 2005 / Rules and Regulations Issued in Washington, DC, on January 11, 2005. Samuel G. Bonasso, Deputy Administrator. [FR Doc. 05–1062 Filed 1–19–05; 8:45 am] BILLING CODE 4910–60–P VerDate jul<14>2003 12:09 Jan 19, 2005 Jkt 205001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\21JAR1.SGM 21JAR1 3149

Agencies

[Federal Register Volume 70, Number 13 (Friday, January 21, 2005)]
[Rules and Regulations]
[Pages 3147-3149]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-1062]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 192

[Docket No. RSPA-99-6106; Amdt. 192-94]
RIN 2137-AD35


Pipeline Safety: Periodic Updates to Pipeline Safety Regulations

AGENCY: Research and Special Programs Administration, DOT.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: This direct final rule makes a minor editorial correction to 
the definition of ``transmission line'' in the Federal safety 
regulations for natural gas pipelines. The correction is intended to 
clarify that gathering lines are excluded from the definition of 
transmission line. Because gathering lines have never been included in 
the definition of transmission line, the correction will not result in 
any substantive change in the definition.

DATES: This direct final rule goes into effect on May 6, 2005. If the 
Research and Special Programs Administration's Office of Pipeline 
Safety (RSPA/OPS)

[[Page 3148]]

does not receive an adverse comment \1\ or notice of intent to file an 
adverse comment by March 22, 2005, it will publish a confirmation 
document within 15 days after the close of the comment period. The 
confirmation document will announce that this direct final rule will go 
into effect on the date stated above or at least 30 days after the 
document is published, whichever is later. If RSPA/OPS receives an 
adverse comment, it will publish a timely notice to confirm that fact 
and withdraw this direct final rule in whole or in part. RSPA/OPS may 
then incorporate changes based on the adverse comment into a subsequent 
direct final rule or may publish a notice of proposed rulemaking.
---------------------------------------------------------------------------

    \1\ An adverse comment is one which explains why the rule would 
be inappropriate, including a challenge to the rule's underlying 
premise or approach, or would be ineffective or unacceptable without 
a change. Comments that are frivolous or insubstantial will not be 
considered adverse under this procedure. A comment recommending a 
rule change in addition to the rule will not be considered an 
adverse comment, unless the commenter states why the rule would be 
ineffective without the additional change. (49 CFR 190.339(c)).

ADDRESSES: You may submit written comments directly to the dockets by 
any of the following methods:
     Mail: Dockets Facility, U.S. Department of Transportation, 
Room PL-401, 400 Seventh Street, SW., 20590-0001. Anyone wanting 
confirmation of mailed comments must include a self-addressed stamped 
postcard.
     Hand delivery or courier: Room PL-401, 400 Seventh Street, 
SW., Washington, DC. The Dockets Facility is open from 10 a.m. to 5 
p.m., Monday through Friday, except Federal holidays.
     Web site: Go to http://dms.dot.gov, click on ``Comment/
Submissions'' and follow instructions at the site.
    All written comments should identify the docket number (RSPA-99-
6106) stated in the heading of this notice.
    Docket access. For copies of this notice or other material in the 
docket, you may contact the Dockets Facility by phone (202-366-9329) or 
visit the facility at the above street address. For Web access to the 
docket to read and download filed material, go to http://dms.dot.gov/
search. Then type in the last four digits of the docket number shown in 
the heading of this notice, and click on ``Search.''
    Privacy Act Information. Anyone can search the electronic form of 
all comments filed in any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted for an 
association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the April 11, 2000, issue of the 
Federal Register (65 FR 19477) or go to http://dms.dot.gov.

Electronic Access

    An electronic copy of this document may be downloaded by using a 
computer, modem, and suitable communications software from the 
Government Printing Office's Electronic Bulletin Board Service at (202) 
512-1661. Internet users may reach the Office of the Federal Register's 
Home page at: http://www.nara.gov/fedreg and the Government Printing 
Office's database at: http://www.access.gpo.gov/nara. You can also view 
and download this document by going to the Department's Docket 
Management System Web page at: http://www.dms.dot.gov. On that page, 
click on ``search.'' On the next page, type in the last four digits of 
the docket number shown in the title block on the first page of this 
document. Then, click on ``search.''

FOR FURTHER INFORMATION CONTACT: Gopala K. Vinjamuri, Research and 
Special Programs Administration, U.S. Department of Transportation, 400 
Seventh Street, SW., Room 2103, Washington, DC 20590-0001; (202) 366-
4503 (voice); (202) 366-4566 (fax); E-Mail Address: 
gopala.vinjamuri@rspa.dot.gov.

SUPPLEMENTARY INFORMATION: On June 14, 2004, RSPA/OPS issued a final 
rule titled ``Periodic Updates to Pipeline Safety Regulations'' (69 FR 
32886). The final rule amended various sections of the pipeline safety 
regulations and incorporated the most recent editions of the voluntary 
consensus standards publications referenced in the Federal Pipeline 
Safety Regulations in 49 CFR parts 192 and 195. On September 9, 2004, 
RSPA/OPS issued correcting amendments to the final rule (69 FR 54591). 
These amendments corrected several inadvertent errors in the final 
rule.
    After the correcting amendments were published, RSPA/OPS received 
three written comments noting that the correcting amendments failed to 
correct a punctuation error in the definition of transmission line in 
49 CFR 192.3. These commenters contended that this punctuation error 
could be misinterpreted as creating an ambiguity in the definition of 
transmission line. Specifically, the commenters contended that the 
absence of a colon after the introductory phrase could lead to an 
unintended interpretation that the exclusion for gathering lines was 
not applicable to the second and third sub-clauses of the definition.
    RSPA/OPS never intended the issuance of the final rule or the 
correcting amendments to result in any substantive change to the 
definition of transmission line. Moreover, gathering lines have never 
been included in the Sec.  192.3 definition of transmission line. In 
response to the comments, however, we are correcting this punctuation 
error to remove even the potential for any ambiguity or 
misinterpretation in the definition of transmission line. This minor 
correction will not result in any substantive change to the definition.
    This direct final rule making a minor editorial correction is not a 
significant regulatory action within the meaning of Executive Order 
12866 (``Regulatory Planning and Review,'' 58 FR 51735; Oct. 4, 1993), 
and is not significant within the meaning of Department of 
Transportation regulatory policies and procedures (44 FR 11034; Feb. 
26, 1979). As required by the Regulatory Flexibility Act, as amended (5 
U.S.C. 601 et seq.), RSPA/OPS certifies that the amendment made by this 
rule will not have a significant economic impact on a substantial 
number of small entities.

List of Subjects in 49 CFR Part 192

    Pipeline safety.

0
For the reasons stated in the preamble, RSPA/OPS amends 49 CFR part 192 
as follows:

PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE: 
MINIMUM FEDERAL SAFETY STANDARDS

0
1. The authority citation for Part 192 continues to read as follows:

    Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110, 
60113, and 60118; and 49 CFR 1.53.


0
2. Amend Sec.  192.3 by revising the definition of ``transmission 
line'' to read as follows:


Sec.  192.3  Definitions.

* * * * *
    Transmission line means a pipeline, other than a gathering line, 
that: (1) Transports gas from a gathering line or storage facility to a 
distribution center, storage facility, or large volume customer that is 
not down-stream from a distribution center; (2) operates at a hoop 
stress of 20 percent or more of SMYS; or (3) transports gas within a 
storage field.

    Note: A large volume customer may receive similar volumes of gas 
as a distribution center, and includes factories, power plants, and 
institutional users of gas.

* * * * *


[[Page 3149]]


    Issued in Washington, DC, on January 11, 2005.
Samuel G. Bonasso,
Deputy Administrator.
[FR Doc. 05-1062 Filed 1-19-05; 8:45 am]
BILLING CODE 4910-60-P