Pipeline Safety: Random Drug Testing Rate, 78269-78270 [E6-22295]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 249 / Thursday, December 28, 2006 / Notices
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–04–19856]
Pipeline Safety: Lessons Learned
From a Security Breach at a Liquefied
Natural Gas Facility
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice; Issuance of Advisory
Bulletin.
AGENCY:
SUMMARY: This advisory reminds
operators of the need for vigilance in
providing security at liquefied natural
gas (LNG) facilities. PHMSA’s pipeline
safety regulations require operators to
implement security measures that deter
intruders at LNG terminals, facilities,
and peak-shaving plants. This Advisory
Bulletin reinforces the importance of
effectively implementing and
thoroughly testing security procedures
and systems.
ADDRESSES: This document can be
viewed on the PHMSA home page at:
https://www.phmsa.dot.gov.
FOR FURTHER INFORMATION CONTACT: Joy
Kadnar at (202) 366–0568, or by e-mail
at Joy.Kadnar@dot.gov; or Buddy Secor
at (571) 227–1306, or by e-mail at
Buddy.Secor@dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Background
PHMSA’s pipeline safety regulations
require operators to implement security
measures that deter intruders. These
measures include written procedures,
protective enclosures, security
communication, lighting, and
monitoring (49 CFR part 193, subpart J).
Operators must use staff who have been
trained to carry out security duties
through means that include security
training (49 CFR 193.2709 and 2715).
Operators need to implement these
measures in ways that ensure personnel
and systems detect trespassers and
respond correctly.
sroberts on PROD1PC70 with NOTICES
LNG Facility Security: Lessons Learned
From the Security Breach in Lynn, MA
A recent breach in security at an LNG
facility shows the need for preparedness
and vigilance. The operator discovered
a breach of security at its LNG facility
during routine maintenance on a gate at
the side of the storage tank. Although
there was no damage to the tank,
intruders had broken through the gate to
gain access to the tank.
Investigation revealed that the
intruders had cut through the outer and
VerDate Aug<31>2005
20:03 Dec 27, 2006
Jkt 211001
inner perimeter fences and through the
locked gate and gained access to the
storage tank several days before the
breach was discovered. A microwave
intrusion system documented the
intrusions on the computer monitoring
system, which should have alerted
operator personnel to the intrusions.
Operator personnel did not respond. In
the days following, personnel
conducted several routine visual
inspections of the area without noting
the cuts in the fences. Although there
was also video surveillance of the
perimeter, personnel did not review the
tape until they investigated the breach.
State authorities responded quickly to
examine security at other LNG facilities
in the state. These authorities inspected
operator practices and procedures to
ensure personnel and systems respond
correctly during a security breach.
II. Advisory Bulletin (ADB–06–04)
To: Owners and Operators of LNG
Plants That Contain LNG.
Subject: Security at LNG facilities.
Advisory: The pipeline safety
regulations require an operator of LNG
facilities in a plant containing LNG to
develop and follow written procedures
for security at the LNG plant. Operators
need to verify the reliability and
feasibility of security procedures and
systems. Operators also need to ensure
personnel and systems respond
correctly when security is
compromised.
LNG Facility Security: Lessons Learned
from the Security Breach in Lynn, MA
PHMSA recommends LNG facility
operators establish and follow these
suggested practices and procedures to
ensure that their security measures
function as intended by the regulations,
and that security at their LNG plants is
rigorous:
• Test systems thoroughly to verify
that alarms work and that monitoring
devices function as intended;
• Ensure remotely stationed
personnel are properly trained on the
security procedures of each facility that
they monitor;
• Determine whether personnel
monitoring security for an LNG plant
can realistically respond to security
breaches in a timely manner;
• Update security procedures as
needed to provide effective security at
the LNG plant and to incorporate the
most relevant threat information;
• Confirm that remote monitoring
station personnel properly coordinate
activities with those parties responsible
for LNG plant facility security; and,
• Independently audit LNG plant
security or conduct unannounced tests
PO 00000
Frm 00142
Fmt 4703
Sfmt 4703
78269
of security systems, procedures, and
personnel.
Authority: 49 U.S.C. chapter 601; 49 CFR
1.53.
Issued in Washington, DC, on December
22, 2006.
Theodore L. Willke,
Acting Associate Administrator for Pipeline
Safety.
[FR Doc. E6–22323 Filed 12–27–06; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No.: PHMSA–97–2995]
Pipeline Safety: Random Drug Testing
Rate
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice of minimum annual
percentage rate for random drug testing.
AGENCY:
SUMMARY: PHMSA has determined that
the minimum random drug testing rate
for covered employees will remain at 25
percent during calendar year 2007.
DATE: Effective January 1, 2007, through
December 31, 2007.
FOR FURTHER INFORMATION CONTACT:
Cindy Ingrao, Director, Drug and
Alcohol Policy and Investigations,
PHMSA, U.S. Department of
Transportation, 400 Seventh Street,
SW., Room 8406, Washington, DC
20590, telephone (202) 366–2350 or
email cindy.ingrao@dot.gov.
SUPPLEMENTARY INFORMATION: Operators
of gas, hazardous liquid, and carbon
dioxide pipelines and operators of
liquefied natural gas facilities must
select and test a percentage of covered
employees for random drug testing.
Pursuant to 49 CFR part 199.105(c)(2),
(3), and (4), the PHMSA Administrator’s
decision on whether to change the
minimum annual random drug testing
rate is based on the reported random
drug test positive rate for the pipeline
industry. The data considered by the
Administrator comes from operators’
annual submissions of Management
Information System (MIS) reports
required by 49 CFR part 199.119(a). If
the reported random drug test positive
rate is less than 1.00 percent, the
Administrator may continue the
minimum random drug testing rate at 25
percent. In 2005, the random drug test
positive rate was less than 1.00 percent.
Therefore, the minimum random drug
testing rate will remain at 25 percent for
calendar year 2007.
E:\FR\FM\28DEN1.SGM
28DEN1
78270
Federal Register / Vol. 71, No. 249 / Thursday, December 28, 2006 / Notices
In reference to the notice published in
70 FR 20800, PHMSA intends to publish
an Advisory Bulletin specifying the
methodology for reporting calendar year
2007 MIS contractor data to PHMSA.
Therefore, operators must ensure
records on contract employees continue
to be maintained in calendar year 2007.
Authority: 49 U.S.C. 5103, 60102, 60104,
60108, 60117, and 60118; 49 CFR 1.53.
Issued in Washington, DC on December 20,
2006.
Thomas Barrett,
Administrator, Pipeline and Hazardous
Materials Safety Administration.
[FR Doc. E6–22295 Filed 12–27–06; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34943]
sroberts on PROD1PC70 with NOTICES
Beaufort Railroad Company, Inc.—
Modified Rail Certificate
On December 1, 2006, Beaufort
Railroad Company, Inc. (BRC), a
subsidiary of the South Carolina
Division of Public Railways (SCDPR),
filed a notice for a modified certificate
of public convenience and necessity
under 49 CFR part 1150, Subpart C,
Modified Certificate of Public
Convenience and Necessity, to operate
approximately 25.05 miles of rail line
extending from milepost AMJ–443.26,
in Yemassee, to milepost AMJ–468.31,
in Port Royal, SC.
BRC states that the line was formerly
owned by the Seaboard System
Railroad, Inc., and was authorized for
abandonment by the Interstate
Commerce Commission in Seaboard
System Railroad, Inc.—Abandonment—
in Beaufort County, SC, Docket No. AB–
55 (Sub-No. 110) (ICC served Aug. 23,
1984). Although authorized for
abandonment, the line was
subsequently acquired by the South
Carolina State Ports Authority (SCSPA)
and leased to the South Carolina Public
Railways Commission (SCPRC), which
is now under SCDPR.1 Tangent
Transportation Company, Inc., a wholly
owned subsidiary of SCPRC, operated
the line until 2003. Since then, SCSPA
has maintained the right-of-way (ROW).
As operator of the line, BRC will
provide freight services on an ‘‘as
required basis,’’ pursuant to an
operating agreement with SCSPA and
SCDPR.2 Under the agreement, BRC and
SCSPA agree to a 1-year period for
operation, commencing from October
12, 2006, and continuing from year to
year thereafter, until terminated in
accordance with the operating
agreement and Board regulations.
According to BRC, it does not expect to
make any interchange or interline
connections with any connecting
railroads.
The rail segment qualifies for a
modified certificate of public
convenience and necessity. See
Common Carrier Status of States, State
Agencies and Instrumentalities and
Political Subdivisions, Finance Docket
No. 28990F (ICC served July 16, 1981).
BRC indicates that commencement of
operations will be contingent upon
shippers entering into binding written
commitments for a sufficient volume of
carloads per year (an amount judged
adequate to cover all costs associated
with maintenance, track materials, and
operations of the line).
BRC states that SCSPA will maintain
third party liability insurance coverage
in an amount of not less than $5,000,000
to cover any and all claims arising
solely from the existence of hazards
presented by the rail line or the property
upon which the rail line is located. BRC
also states that, prior to commencement
of railroad operations, it will acquire
and maintain third party liability
insurance coverage in an amount of not
less than $5,000,000 to cover any and all
claims arising solely from its acts,
works, and operations with respect to
the rail line and the property upon
which the rail line is located.
This notice will be served on the
Association of American Railroads (Car
Service Division) as agent for all
railroads subscribing to the car-service
and car-hire agreement: Association of
American Railroads, 50 F Street, N.W.,
Washington, DC 20001; and on the
American Short Line and Regional
Railroad Association: American Short
Line and Regional Railroad Association,
50 F Street, N.W., Suite 7020,
Washington, DC 20001.
Board decisions and notices are
available on our Web site at https://
www.stb.dot.gov.
Decided: December 20, 2006.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary .
[FR Doc. E6–22289 Filed 12–27–06; 8:45 am]
BILLING CODE 4915–01–P
1 According
to BRC, SCDPR is a division of the
South Carolina Department of Commerce, and
SCSPA is also an instrumentality of the State of
South Carolina.
VerDate Aug<31>2005
20:03 Dec 27, 2006
Jkt 211001
2 According to BRC, both SCSPA and SCDPR
intend to maintain the ROW, with SCDPR providing
service through BRC.
PO 00000
Frm 00143
Fmt 4703
Sfmt 4703
DEPARTMENT OF TRANSPORTATION
Surface Transportation Board
[STB Finance Docket No. 34973]
Burlington Shortline Railroad, Inc., d/b/
a Burlington Junction Railway—Lease
and Operation Exemption—BNSF
Railway Company
Burlington Shortline Railroad, Inc., d/
b/a Burlington Junction Railway (BJRY),
a Class III rail carrier, has filed a verified
notice of exemption under 49 CFR
1150.41 to lease and operate, pursuant
to an agreement with BNSF Railway
Company (BNSF), approximately 1.2
miles of railroad properties consisting of
certain trackage, real property, and
railroad operating rights. The rail
properties consist of five tracks,
numbered 2001, 2002, 2003, 2012, and
2013, located at Ottumwa, IA. There are
no mileposts.
Based on projected revenues for the
line, BJRY expects to remain a Class III
rail carrier. BJRY certifies that its
projected annual operating revenues as
a result of the transaction will not
exceed $5 million. The transaction is
expected to be consummated on January
14, 2007.
If the verified notice contains false or
misleading information, the exemption
is void ab initio. Petitions to revoke the
exemption under 49 U.S.C. 10502(d)
may be filed at any time. The filing of
a petition to revoke will not
automatically stay the transaction.
An original and 10 copies of all
pleadings, referring to STB Finance
Docket No. 34973, must be filed with
the Surface Transportation Board, 1925
K Street, NW., Washington, DC 20423–
0001. In addition, a copy of each
pleading must be served on: (1) for
BJRY, John D. Heffner, John D. Heffner,
PLLC, 1920 N Street, NW., Suite 800,
Washington, DC 20036; and (2) for
BNSF, Sarah Bailiff, 2650 Lou Menk
Drive, Fort Worth, TX 76131.
Board decisions and notices are
available on our Web site at
www.stb.dot.gov.
Decided: December 20, 2006.
By the Board, David M. Konschnik,
Director, Office of Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. E6–22137 Filed 12–27–06; 8:45 am]
BILLING CODE 4915–01–P
E:\FR\FM\28DEN1.SGM
28DEN1
]]>Agencies
[Federal Register Volume 71, Number 249 (Thursday, December 28, 2006)]
[Notices]
[Pages 78269-78270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22295]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No.: PHMSA-97-2995]
Pipeline Safety: Random Drug Testing Rate
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice of minimum annual percentage rate for random drug
testing.
-----------------------------------------------------------------------
SUMMARY: PHMSA has determined that the minimum random drug testing rate
for covered employees will remain at 25 percent during calendar year
2007.
DATE: Effective January 1, 2007, through December 31, 2007.
FOR FURTHER INFORMATION CONTACT: Cindy Ingrao, Director, Drug and
Alcohol Policy and Investigations, PHMSA, U.S. Department of
Transportation, 400 Seventh Street, SW., Room 8406, Washington, DC
20590, telephone (202) 366-2350 or email cindy.ingrao@dot.gov.
SUPPLEMENTARY INFORMATION: Operators of gas, hazardous liquid, and
carbon dioxide pipelines and operators of liquefied natural gas
facilities must select and test a percentage of covered employees for
random drug testing. Pursuant to 49 CFR part 199.105(c)(2), (3), and
(4), the PHMSA Administrator's decision on whether to change the
minimum annual random drug testing rate is based on the reported random
drug test positive rate for the pipeline industry. The data considered
by the Administrator comes from operators' annual submissions of
Management Information System (MIS) reports required by 49 CFR part
199.119(a). If the reported random drug test positive rate is less than
1.00 percent, the Administrator may continue the minimum random drug
testing rate at 25 percent. In 2005, the random drug test positive rate
was less than 1.00 percent. Therefore, the minimum random drug testing
rate will remain at 25 percent for calendar year 2007.
[[Page 78270]]
In reference to the notice published in 70 FR 20800, PHMSA intends
to publish an Advisory Bulletin specifying the methodology for
reporting calendar year 2007 MIS contractor data to PHMSA. Therefore,
operators must ensure records on contract employees continue to be
maintained in calendar year 2007.
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and
60118; 49 CFR 1.53.
Issued in Washington, DC on December 20, 2006.
Thomas Barrett,
Administrator, Pipeline and Hazardous Materials Safety Administration.
[FR Doc. E6-22295 Filed 12-27-06; 8:45 am]
BILLING CODE 4910-60-P
