Pipeline Safety: Drug and Alcohol Testing, 20800-20801 [05-8008]
Download as PDF
<![CDATA[
20800
Federal Register / Vol. 70, No. 76 / Thursday, April 21, 2005 / Notices
review its overall project design package
prior to and during the construction of
this pipeline. The design package must
include TPI’s methodology to validate
the calibration of the in-line inspection
(ILI) tool that TPI intends to use when
performing an inspection of its
austenitic stainless steel pipeline. The
design package must also include a
description of the ILI tool. The ILI tool
must be capable of detecting anomalies
including—but not limited to—
mechanical damage and pipe
deformation; and
• TPI must exceed the tensile testing
requirements of Appendix B to Part 192,
Qualification of Pipe, Section II (D)
Tensile Properties—which requires one
test per 10 lengths of pipe—and perform
one tensile test per five lengths of pipe
for both the plate and the welded joint
per the tensile testing required under
ASTM A 358 (Section 12).
reservations. The deadline for reserving
sleeping room accommodations is April
18, 2005. Further information is
available on the PHMSA Web site at
https://primis.phmsa.dot.gov/meetings/
Mtg30.mtg. The Web site provides links
to other useful information, such as the
meeting agenda, and enables viewers to
submit questions to OPS regarding the
workshop.
This meeting is open to all interested
parties. To facilitate meeting planning,
advance registration for attending the
workshop is strongly recommended.
Advanced registration can be
accomplished at the PHMSA web site.
The deadline for advanced registration
is Friday, May 13, 2005. Walk-in
registration will be accommodated on a
first-come, first-served basis.
FOR FURTHER INFORMATION CONTACT: Beth
Callsen (tel. 202–366–4572; E-mail:
beth.callsen@dot.gov).
Authority: 49 U.S.C. 60118(c) and 49 CFR
1.53.
SUPPLEMENTARY INFORMATION:
Issued in Washington, DC on April 15,
2005.
Theodore L. Willke,
Deputy Associate Administrator for Pipeline
Safety.
[FR Doc. 05–8011 Filed 4–20–05; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA—05–20922]
Pipeline Safety: Pipeline Integrity
Management in High Consequence
Areas for Hazardous Liquid Operators
Office of Pipeline Safety (OPS),
Pipeline and Hazardous Materials Safety
Administration (PHMSA), DOT.
ACTION: Notice; hazardous liquid
integrity management lessons learned
meeting.
AGENCY:
OPS will sponsor a 11⁄2 day
workshop to review the initial Integrity
Management (IM) inspections of
hazardous liquid pipeline operators.
Workshop topics will cover the lessons
learned, accomplishments, and future
expectations for such programs from
both the OPS and industry perspectives.
DATES: Tuesday, May 17, 2005, from
8:30 a.m. to 5 p.m., and Wednesday,
May 18, 2005, from 8:30 a.m. to 12 p.m.
ADDRESSES: The Westin Oaks, 5011
Westheimer, Houston, Texas 77056;
(713) 960–8100. For discounted rates,
please refer to the U.S. Department of
Transportation (USDOT)—Liquid IM
Meeting guest room block when making
SUMMARY:
VerDate jul<14>2003
14:55 Apr 20, 2005
Jkt 205001
1. Background
In 2000, OPS issued the first in a
series of rules to improve safety and
environmental protection in High
Consequence Areas (HCAs). The first IM
rule (65 FR 75378; November 3, 2000;
effective May 29, 2001) applies to
hazardous liquid operators who own or
operate 500 or more miles of pipeline.
Subsequently, the rule was extended to
include operators who own or operate
less than 500 miles of hazardous liquid
pipeline, (67 FR 2136; January 26, 2002;
effective February 15, 2002).
The IM rule applies to pipelines that
can affect HCAs. HCAs include
populated areas, unusually sensitive
environmental areas, and commercially
navigable waterways. The objectives of
the rule are to:
• Accelerate the assessment of
pipeline segments that can affect HCAs.
Assessment includes in-line inspection,
hydrostatic pressure testing, or other
equivalent methods.
• Improve operator management
systems to identify and prevent
potential integrity threats.
• Improve government’s role in the
oversight of operator integrity
management programs.
• Improve public confidence in safe
pipeline operation.
The rule also addresses several
National Transportation Safety Board
(NTSB) recommendations,
Congressional mandates, and pipeline
safety issues raised over the years. More
information about the rule can be found
at https://primis.phmsa.dot.gov/iim.
Beginning September 2002, OPS
began full IM Program inspections of
hazardous liquid pipeline operators. In
PO 00000
Frm 00071
Fmt 4703
Sfmt 4703
2004, OPS inspected over 100
hazardous liquid pipeline operators
with pipeline lengths ranging from a
few miles to more than 10,000 miles.
These pipelines comprise more than
99% of the nation’s hazardous liquid
pipeline mileage.
Through these inspections and the
resulting enforcement actions, OPS has
assured that operators are conducting
integrity assessments of their pipelines,
are repairing defects that could
undermine safe operation, and are
putting in place the management
systems and tools to improve
identification and remediation of
potential unsafe conditions. These
interactions with operators have
provided OPS a thorough understanding
of operator IM programs, and have
significantly improved OPS’s
understanding of the physical condition
of the nation’s pipelines.
During this meeting, OPS will share
the results and lessons learned from
these inspections, and will describe
how these lessons will be applied in
planning and conducting future IM
inspections. OPS will also cover the
modifications it has made to the
inspection protocols as a result of these
initial inspections. Industry
representatives will present their
perspectives on the IM inspections,
summarize their IM program
accomplishments, and present their
perspectives on future challenges.
Issued in Washington, DC, on April 12,
2005.
Theodore L. Willke,
Deputy Associate Administrator for Pipeline
Safety.
[FR Doc. 05–8007 Filed 4–20–05; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. RSPA–04–19856]
Pipeline Safety: Drug and Alcohol
Testing
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Notice of intent to issue an
Advisory Bulletin; request for public
comment.
AGENCY:
SUMMARY: This notice advises operators
of gas, hazardous liquid and carbon
dioxide pipelines and liquefied natural
gas facilities that the Pipeline and
Hazardous Materials Safety
Administration (PHMSA), Office of
E:\FR\FM\21APN1.SGM
21APN1
Federal Register / Vol. 70, No. 76 / Thursday, April 21, 2005 / Notices
Pipeline Safety (OPS), intends to issue
an Advisory Bulletin to begin collecting
annual drug and alcohol testing data for
contractor employees performing
covered functions in the pipeline
industry. The collection of contractor
testing data is necessary for the
calculation of the minimum annual
percent rate for random drug testing,
which is based on the reported positive
rate for the entire industry. No
regulatory change is necessary because
the current rule already requires
operators to report testing data for
covered employees to OPS. The
Advisory Bulletin will end the
deferment period addressed in the
preamble to the current rule for
reporting contractor data and suggest a
method for reporting the data that
minimizes the problems associated with
duplication. This notice proposes a
method for reporting contractor data,
seeks public comment on the method,
and encourages suggestions for
alternative approaches for reporting
contractor testing data.
DATES: Comments must be received by
June 6, 2005.
ADDRESSES: You must identify docket
number RSPA–04–19856. Comments
may either be mailed to U.S.
Department of Transportation, Dockets
Facility, Plaza 401, 400 7th Street, SW.,
Washington, DC 20590 or submitted
electronically at https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT:
Sheila Wright, Program Analyst,
PHMSA, OPS at (202) 366–4554, or by
e-mail, sheila.wright@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Under 49 CFR Part 199, each operator
having more than 50 covered employees
must submit an annual Management
Information System (MIS) report to OPS
of its drug and alcohol testing results for
covered employees by March 15th of
each year for the prior calendar year.
Operators with 50 or less covered
employees may be required to submit
annual MIS reports if notified by OPS in
writing. A covered employee is a person
employed by the operator, a contractor
engaged by the operator, or a person
employed by such a contractor, who
performs operations, maintenance, or
emergency-response functions regulated
by 49 CFR parts 192, 193, or 195.
In the final rule, 58 FR 68258, Dec. 23,
1993, OPS concluded that submission of
contractor testing data by operators
could result in duplicative reporting
and inaccurate data. OPS noted that
inaccuracies could affect the positive
rate for the entire industry, thereby
affecting the minimum annual percent
VerDate jul<14>2003
14:55 Apr 20, 2005
Jkt 205001
rate for random drug testing.
Accordingly, OPS deferred collecting
contractor testing data, but stated that
operators must continue to maintain the
records required by 49 CFR Part 199,
and ensure their contractors maintain
the same. OPS also stated that it would
re-evaluate the collection of contractor
testing data and develop a method of
collecting to avoid the problem of
duplication.
During subsequent meetings of the
Technical Pipeline Safety Standards
Committee and the Technical
Hazardous Liquid Pipeline Safety
Standards Committee, OPS discussed its
intent to begin collecting contractor
testing data. OPS pointed out that it
plans to begin collecting this data in the
2006 reporting period, and begin any
necessary enforcement in 2007.
Comments at the meetings were
supportive of the initiative to collect
contractor data. Commenters suggested
that it would be pragmatic for
contractors to report their testing data
directly to OPS. The transcript of the
most recent public meeting is available
in the docket (https://dms.dot.gov) under
docket number RSPA–04–19856.
OPS does not directly regulate
contractors with respect to drug and
alcohol testing, but places the
responsibility on operators to ensure all
covered employees are tested and that
the testing results are submitted
annually to OPS. Accordingly, pipeline
operators monitor contractor
compliance with drug and alcohol
testing requirements as required by 49
CFR part 199. Operators use a variety of
methods to monitor covered contractor
employees, such as testing of contract
employees, requiring contractors to have
their own testing programs, or working
with contractors that belong to drug
testing consortium groups.
Collecting contractor testing data is
essential for analyzing OPS’s approach
to detecting and deterring use of
controlled substances. The information
is also necessary to calculate the
minimum annual percent rate for
random drug testing, which is based on
the reported positive rate for the entire
industry. Collecting this data will not
require a regulatory change because 49
CFR part 199 requires operators to
report testing data for all covered
employees, which includes contractors.
The preamble to the current rule merely
deferred submission of the data until the
development of a methodology. OPS
intends to issue an Advisory Bulletin
that will end the deferment period
noted in the preamble to the final rule.
PO 00000
Frm 00072
Fmt 4703
Sfmt 4703
20801
Proposed Method
Commenters to the original final rule
and at the public meeting indicated that
submission of contractor testing data
should be done by contractors
themselves, not by pipeline operators.
Based on these suggestions, OPS
proposes in lieu of operators submitting
contractor data, the operators may opt to
use contractors as their agents to report
the data. If operators choose this
method, OPS encourages them to
consider adding language in their
contractual agreements to that effect. To
facilitate these submissions, OPS would
create and assign unique identifiers for
contractors to submit annual testing
data on the DOT MIS data collection
form by mail or by online submission.
Request for Comments
OPS encourages comments on this
proposed method in addition to
suggestions for alternative methods of
collecting contractor testing data.
Specifically, OPS invites comments on
the validity of the method being
proposed and ways to avoid duplication
and enhance quality. Following the
review of timely comments, OPS will
issue an Advisory Bulletin notifying
operators of the selected method to
begin reporting contractor testing data
in calendar year 2006.
Issued in Washington, DC, on April 15,
2005.
Theodore L. Willke,
Deputy Associate Administrator for Pipeline
Safety.
[FR Doc. 05–8008 Filed 4–20–05; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34684]
Mississippi Southern Railroad, Inc.—
Lease and Operation Exemption—The
Kansas City Southern Railway
Company
Mississippi Southern Railroad, Inc.
(MSRR), a noncarrier, has filed a
verified notice of exemption under 49
CFR 1150.31 to lease, from The Kansas
City Southern Railway Company (KCS),
and operate approximately 26.5 miles of
rail line extending between milepost
133.0, near Bay Springs, MS, and
milepost 159.5, near Newton, MS.
This transaction is related to STB
Finance Docket No. 34683, Watco
Companies, Inc.—Continuance in
Control Exemption—Mississippi
Southern Railroad, Inc., wherein Watco
Companies, Inc., has concurrently filed
E:\FR\FM\21APN1.SGM
21APN1
]]>Agencies
[Federal Register Volume 70, Number 76 (Thursday, April 21, 2005)]
[Notices]
[Pages 20800-20801]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8008]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. RSPA-04-19856]
Pipeline Safety: Drug and Alcohol Testing
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of intent to issue an Advisory Bulletin; request for
public comment.
-----------------------------------------------------------------------
SUMMARY: This notice advises operators of gas, hazardous liquid and
carbon dioxide pipelines and liquefied natural gas facilities that the
Pipeline and Hazardous Materials Safety Administration (PHMSA), Office
of
[[Page 20801]]
Pipeline Safety (OPS), intends to issue an Advisory Bulletin to begin
collecting annual drug and alcohol testing data for contractor
employees performing covered functions in the pipeline industry. The
collection of contractor testing data is necessary for the calculation
of the minimum annual percent rate for random drug testing, which is
based on the reported positive rate for the entire industry. No
regulatory change is necessary because the current rule already
requires operators to report testing data for covered employees to OPS.
The Advisory Bulletin will end the deferment period addressed in the
preamble to the current rule for reporting contractor data and suggest
a method for reporting the data that minimizes the problems associated
with duplication. This notice proposes a method for reporting
contractor data, seeks public comment on the method, and encourages
suggestions for alternative approaches for reporting contractor testing
data.
DATES: Comments must be received by June 6, 2005.
ADDRESSES: You must identify docket number RSPA-04-19856. Comments may
either be mailed to U.S. Department of Transportation, Dockets
Facility, Plaza 401, 400 7th Street, SW., Washington, DC 20590 or
submitted electronically at https://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Sheila Wright, Program Analyst, PHMSA,
OPS at (202) 366-4554, or by e-mail, sheila.wright@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
Under 49 CFR Part 199, each operator having more than 50 covered
employees must submit an annual Management Information System (MIS)
report to OPS of its drug and alcohol testing results for covered
employees by March 15th of each year for the prior calendar year.
Operators with 50 or less covered employees may be required to submit
annual MIS reports if notified by OPS in writing. A covered employee is
a person employed by the operator, a contractor engaged by the
operator, or a person employed by such a contractor, who performs
operations, maintenance, or emergency-response functions regulated by
49 CFR parts 192, 193, or 195.
In the final rule, 58 FR 68258, Dec. 23, 1993, OPS concluded that
submission of contractor testing data by operators could result in
duplicative reporting and inaccurate data. OPS noted that inaccuracies
could affect the positive rate for the entire industry, thereby
affecting the minimum annual percent rate for random drug testing.
Accordingly, OPS deferred collecting contractor testing data, but
stated that operators must continue to maintain the records required by
49 CFR Part 199, and ensure their contractors maintain the same. OPS
also stated that it would re-evaluate the collection of contractor
testing data and develop a method of collecting to avoid the problem of
duplication.
During subsequent meetings of the Technical Pipeline Safety
Standards Committee and the Technical Hazardous Liquid Pipeline Safety
Standards Committee, OPS discussed its intent to begin collecting
contractor testing data. OPS pointed out that it plans to begin
collecting this data in the 2006 reporting period, and begin any
necessary enforcement in 2007. Comments at the meetings were supportive
of the initiative to collect contractor data. Commenters suggested that
it would be pragmatic for contractors to report their testing data
directly to OPS. The transcript of the most recent public meeting is
available in the docket (https://dms.dot.gov) under docket number RSPA-
04-19856.
OPS does not directly regulate contractors with respect to drug and
alcohol testing, but places the responsibility on operators to ensure
all covered employees are tested and that the testing results are
submitted annually to OPS. Accordingly, pipeline operators monitor
contractor compliance with drug and alcohol testing requirements as
required by 49 CFR part 199. Operators use a variety of methods to
monitor covered contractor employees, such as testing of contract
employees, requiring contractors to have their own testing programs, or
working with contractors that belong to drug testing consortium groups.
Collecting contractor testing data is essential for analyzing OPS's
approach to detecting and deterring use of controlled substances. The
information is also necessary to calculate the minimum annual percent
rate for random drug testing, which is based on the reported positive
rate for the entire industry. Collecting this data will not require a
regulatory change because 49 CFR part 199 requires operators to report
testing data for all covered employees, which includes contractors. The
preamble to the current rule merely deferred submission of the data
until the development of a methodology. OPS intends to issue an
Advisory Bulletin that will end the deferment period noted in the
preamble to the final rule.
Proposed Method
Commenters to the original final rule and at the public meeting
indicated that submission of contractor testing data should be done by
contractors themselves, not by pipeline operators. Based on these
suggestions, OPS proposes in lieu of operators submitting contractor
data, the operators may opt to use contractors as their agents to
report the data. If operators choose this method, OPS encourages them
to consider adding language in their contractual agreements to that
effect. To facilitate these submissions, OPS would create and assign
unique identifiers for contractors to submit annual testing data on the
DOT MIS data collection form by mail or by online submission.
Request for Comments
OPS encourages comments on this proposed method in addition to
suggestions for alternative methods of collecting contractor testing
data. Specifically, OPS invites comments on the validity of the method
being proposed and ways to avoid duplication and enhance quality.
Following the review of timely comments, OPS will issue an Advisory
Bulletin notifying operators of the selected method to begin reporting
contractor testing data in calendar year 2006.
Issued in Washington, DC, on April 15, 2005.
Theodore L. Willke,
Deputy Associate Administrator for Pipeline Safety.
[FR Doc. 05-8008 Filed 4-20-05; 8:45 am]
BILLING CODE 4910-60-P
