Pipeline Safety: Requests for Special Permit, 4296-4299 [E9-1425]
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Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices
the SIP. This was made clear in
PHMSA’s April 18, 2003, final rule,
which was coordinated with EPA. As
we stated in the preamble to the final
rule, the additional K–EPA27 ‘‘marking
requirement will preempt state marking
requirements for cargo tanks tested with
the EPA Method 27 test, eliminating
possible confusion by enforcement
personnel attempting to verify that a
cargo tank has met the HMR leak test
requirements.’’ 68 FR at 19263.
The portion of 6 NYCRR 230.4(a)(3)
which requires marking the ‘‘date each
tank last passed the pressure and
vacuum test * * * near the U.S.
Department of Transportation certificate
plate,’’ is ‘‘substantively the same as’’
requirements in the HMR. Otherwise,
however, the provisions that specify
that the marking be a minimum 2″ size
and include ‘‘NYSDEC’’ clearly go
beyond—and are not substantively the
same as—requirements in 49 CFR
180.415(b) for the marking of a
packaging or container that is
‘‘represented, marked, certified, or sold
as qualified for use in transporting
hazardous material.’’
Similarly, the recordkeeping
requirements in 6 NYCRR 230.6(b) and
(c) are substantively different from
specific requirements in the HMR on
‘‘inspecting,’’ ‘‘maintaining,’’
‘‘repairing’’ and ‘‘testing a package [or]
container * * * that is represented,
marked, certified, or sold as qualified
for use in transporting hazardous
material in commerce.’’
A State requirement for additional
markings on the cargo tank itself
increases the potential that the markings
required by the HMR will not be
complete or clear and that shipments
will be delayed by State inspectors who
are familiar only with their own State’s
requirements, or by Federal inspectors
who cannot discern which markings are
those required by the HMR. The
inconsistencies among the gasoline tank
truck marking requirements of the
different States in the Northeast OTR
and these States’ lack of complete
reciprocity amply demonstrate the need
for a uniform Federal marking system to
eliminate confusion whether a cargo
tank has undergone the required
inspections and tests.
Confusion and non-compliance are
also created by the requirement in 6
NYCRR 230.6(b) to maintain a copy of
the pressure-vacuum test results on the
transport vehicle. In the Harmon case,
the Court of Appeals found that the
HMR ‘‘require only that a limited
amount of documentation be carried in
the vehicle, which avoids carrier
confusion and promotes quick access to
critical documentation. Colorado’s
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requirement of additional information
[to carry an inspection report on the
vehicle] could create confusion in an
emergency situation and could thereby
increase the potential hazard’’ during
transportation. 951 F.2d at 1583.
Contrary to the assertion of the
Pennsylvania Department of
Environmental Protection, a
requirement to carry the test and repair
records on the vehicle does not
eliminate ‘‘the need to place a copy of
the results in archived files.’’ The
FMCSA (or NYSDOT) inspector who
visits a carrier’s principal place of
business or regional or terminal office
will be frustrated when the test results
are not maintained at that location, but
only on the vehicle. As NPGA
commented, ‘‘the vehicle file is the
primary source of information regarding
the vehicle’s qualifications for
continued use,’’ and the requirement to
maintain test and repair records on the
vehicle ‘‘would seem to cause the
vehicle owner to not comply with these
DOT requirements.’’ The differences
among the States within the Northeast
OTR make confusion and lack of
compliance with the HMR’s
requirements inevitable.
NYSDEC’s two-year retention period
for records of pressure-vacuum testing
and repairs in 6 NYCRR 230.6(c) also
creates confusion and potential noncompliance. Most seriously, this
provision tells cargo tank owners that
they may discard repair records after
two years, but the HMR require that
records of repair must be retained
‘‘during the time the cargo tank motor
vehicle is in service and for one year
thereafter.’’ 49 CFR 180.413(f). In
addition, the requirement to retain more
than one set of pressure-vacuum test
records (covering the last two or more
annual tests, depending on the State)
will inevitably lead to confusion as to
which set of records cover the most
recent testing.
IV. Ruling
Federal hazardous material
transportation law does not preempt
that part of 6 NYCRR 230.4(a)(3)
requiring that a gasoline transport
vehicle must be marked, near the U.S.
DOT specification plate, with the date
on which the tank was last tested for
vapor tightness. However, that marking
must be substantively the same as
specified in 49 CFR 180.417(b): ‘‘K–
EPA27’’ in association with the date
(month and year) of the most recent test.
Federal hazardous material
transportation law preempts (1) the
provisions in 6 NYCRR 230.4(a)(3)
which require that the marking be a
minimum two inches and contain ‘‘NYS
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DEC’’; (2) the requirement in 6 NYCRR
230.6(b) for maintaining a copy of the
most recent pressure-vacuum test
results with the gasoline transport
vehicle; and (3) the requirement in 6
NYCRR 230.6(c) to retain pressurevacuum test and repair results for two
years, because these requirements are
not substantively the same as
requirements in the HMR on the
marking, inspecting, maintaining,
repairing, or testing of a package or
container that is represented, marked,
certified, or sold as qualified for
transporting hazardous material.
V. Petition for Reconsideration/Judicial
Review
In accordance with 49 CFR
107.211(a), any person aggrieved by this
decision may file a petition for
reconsideration within 20 days of
publication of this decision in the
Federal Register. A petition for judicial
review of a final preemption
determination must be filed in the
United States Court of Appeals for the
District of Columbia or in the Court of
Appeals for the United States for the
circuit in which the petitioner resides or
has its principal place of business,
within 60 days after the determination
becomes final. 49 U.S.C. 5127(a).
This decision will become PHMSA’s
final decision 20 days after publication
in the Federal Register if no petition for
reconsideration is filed within that time.
The filing of a petition for
reconsideration is not a prerequisite to
seeking judicial review of this decision
under 49 U.S.C. 5127(a).
If a petition for reconsideration is
filed within 20 days of publication in
the Federal Register, the action by
PHMSA’s Chief Counsel on the petition
for reconsideration will be PHMSA’s
final action. 49 CFR 107.211(d).
Issued in Washington, DC on January 15,
2009.
David E. Kunz,
Chief Counsel.
[FR Doc. E9–1431 Filed 1–22–09; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2008–0333]
Pipeline Safety: Requests for Special
Permit
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA); DOT.
ACTION: Notice.
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Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices
SUMMARY: The Federal pipeline safety
laws allow a pipeline operator to
request PHMSA to waive compliance
with any part of the Federal pipeline
safety regulations by granting a special
permit to the operator. PHMSA is
publishing this notice to provide a list
of special permit requests we have
received from pipeline operators
seeking relief from compliance with
certain pipeline safety regulations. This
notice seeks public comment on these
requests, including comments on any
environmental impacts. At the
conclusion of the 30 days comment
period, PHMSA will evaluate each
request individually to determine
whether to grant or deny a special
permit.
DATES: Submit any comments regarding
any of these special permit requests by
February 23, 2009.
ADDRESSES: Comments should reference
the docket number for the special
permit request and may be submitted in
the following ways:
• E-Gov Web Site: https://
www.Regulations.gov. This site allows
the public to enter comments on any
Federal Register notice issued by any
agency.
• Fax: 1–202–493–2251.
• Mail: Docket Management System:
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE,
Washington, DC 20590.
• Hand Delivery: DOT Docket
Management System: U.S. Department
of Transportation, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Instructions: You should identify the
docket number for the special permit
request you are commenting on at the
beginning of your comments. If you
submit your comments by mail, submit
two copies. To receive confirmation that
PHMSA received your comments,
include a self-addressed stamped
postcard. Internet users may submit
comments at https://
www.Regulations.gov.
Note: Comments are posted without
changes or edits to https://
www.Regulations.gov, including any personal
information provided. There is a privacy
statement published on https://
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
4297
General: Kay McIver by telephone at
(202) 366–0113; or, e-mail at
kay.mciver@dot.gov.
Technical: Steve Nanney by telephone
at (713) 272–2855, or, e-mail at
steve.nanney@dot.gov.
PHMSA
has filed in the Federal Docket
Management System (FDMS) requests
for special permits we have received
from pipeline operators seeking relief
from compliance with certain pipeline
safety regulations. Each request has
been assigned a separate docket number
in the FDMS. We invite interested
persons to participate by reviewing
these special permit requests and by
submitting written comments, data or
other views. Please include any
comments on environmental impacts
granting the special permit may have.
Before acting on any special permit
request, PHMSA will evaluate all
comments received on or before the
comment closing date. We will consider
comments received after this date if it is
possible to do so without incurring
additional expense or delay. We may
grant a special permit or deny a request
based on the comments we receive.
PHMSA has received the following
special permit requests:
SUPPLEMENTARY INFORMATION:
Requester
Regulation(s) affected
Nature of special permit
PHMSA–2008–0188 ........
Texas Eastern
Transmission,
L.P. (‘‘TETLP’’)
(Spectra Energy).
49 CFR 192.611 .....................................
PHMSA–2008–0213 ........
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Docket No.
Empire Pipeline ......
49 CFR 192.611 .....................................
To authorize Texas Eastern Transmission, L.P.
(TETLP) to operate two pipeline segments on its
24-inch Line 12 system downstream of its
Grantville Compressor station in Lebanon County, Pennsylvania to Bernville Compressor station
in Pennsylvania without reducing operating pressure as a result of changes from Class 1 to
Class 2 locations. Grantville Line 12 would continue to operate at its maximum allowable operating pressure (‘‘MAOP’’) of 1,050 psig without
replacing the pipe in the new Class 2 area.
To authorize the Empire Pipeline to operate 5 segments on its 24-inch natural gas pipeline without
reducing the operating pressure as a result of
changes from Class 1 to Class 3 locations. The
special permit is sought with respect to these
five segments:
Segment 1: (MP 57.33 to MP 57.49) in the town of
Byron, Genesee County, NY, west of NY Route
237.
Segment 2: (MP 76.09 to MP 76.42) located in the
town of Henrietta, in Monroe County, NY and
375 feet west of East River Road.
Segment 3: (MP 84.88 to MP 85.19) located in the
town of Pittsford, Monroe County, NY, beginning
approximately 200 feet west of West Bloomfield
Road and continuing approximately 3/10th of a
mile to the west.
Segment 4: (MP 23.30 to MP 23.81) located in the
town of Pendleton, Niagara County, NY, west of
Transit Road (Route 78).
Segment 5: (MP 25.19 to MP 25.54) located in the
town of Lockport, Niagara County, New York,
east of Old Beattie Road.
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Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices
Docket No.
Requester
Regulation(s) affected
Nature of special permit
PHMSA–2008–0257 ........
Texas Eastern
Transmission.
49 CFR 192.112(a)(1), 49 CFR
192.112(c)(1), 49 CFR
192.112(c)(2)(i), 49 CFR
192.112(c)(2)(ii), 49 CFR
192.112(c)(2)(iii), 49 CFR
192.112(d)(2)(i), 49 CFR
192.112(f)(1), 49 CFR
192.620(d)(5)(iii).
PHMSA–2008–0285 ........
TransCanada Keystone Pipeline LP
36-inch XL Pipeline.
Trunkline LNG
(TLNG).
49 CFR 195.106 .....................................
PHMSA–2008–0330 ........
Columbia Gas
Transmission
(CGT).
49 CFR 192.611 .....................................
PHMSA–2008–0331 ........
Columbia Gas
Transmission
(CGT).
49 CFR 192.611 .....................................
PHMSA–2008–0332 ........
Columbia Gas
Transmission
(CGT).
49 CFR 192.611 .....................................
PHMSA–2008–0345 ........
Columbia Gas
Transmission
(CGT).
49 CFR 192.611 .....................................
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PHMSA–2008–0327 ........
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49 CFR 190.341 .....................................
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To authorize an increase in MAOP on the Texas
Eastern Transmission, L.P. (‘‘TETLP’’) 36-inch
Lines 1 and 2 from the Uniontown, Pennsylvania
compressor station to a mainline regulating station, approximately 7 miles west of its
Lambertville, New Jersey compressor station.
The pipeline system operating pressure would
increase to 80% of specified minimum yield
strength (SMYS) in Class 1 locations, 67%
SMYS in Class 2 locations, and 56% SMYS in
Class 3 locations. There are no Class 4 areas
on the system and TETLP does not propose to
include future Class 4 areas under this special
permit. The existing pipeline system pressure is
1000 psig and will be uprated to 1112 psig. The
MAOP uprate is part of two proposed pipeline
capacity expansion projects, called the TEMAS
and TIME III Projects.
To authorize TransCanada to design, construct
and operate the proposed 36-inch TransCanada
Keystone XL Pipeline Project, using a design
factor and operating stress level of 80% SMYS.
To authorize Trunkline LNG (TLNG) to operate
two potassium formate heat-exchange vaporizers at the TLNG facility near Lake Charles,
Louisiana. These vaporizers are part of a nearly
completed expansion project at the facility and
are referred to as the IEP (Infrastructure Expansion Project). This request is to adjust the allowed distance between the second and third
vaporizers.
To authorize Columbia Gas Transmission (CGT)
to operate 2 segments on its 30-inch Mainline
200, and its 36-inch Mainline 300 pipeline systems located in Mt. Juliet, Wilson County, Tennessee, without reducing operating pressure as
a result of changes from original Class 1 or
Class 2 to Class 3 locations, and without replacing the pipe in Class 3 areas.
To authorize Columbia Gas Transmission (CGT)
to operate six segments of 30-inch SM–80 and
30-inch SM–80–Loop pipelines in Cabell and
Putnam Counties, WV, at the current 935 psig
operating pressure without replacing pipe in the
Class 3 locations. The SM–80 and SM–80–Loop
pipelines are parallel to one another across their
full length starting at Boyd County, Kentucky
and ending at the Lanham compressor station at
Rocky Fork, West Virginia.
To authorize Columbia Gas Transmission (CGT)
to operate 5 segments of 20-inch Mainline 1804
pipeline system in Adams and York Counties,
PA without reducing operating pressure as a result of changes from Class 1 to Class 3 locations.
To authorize Columbia Gas Transmission (CGT)
to operate four segments of its 24-inch Mainline
R–701 pipeline in Southern Ohio without reducing operating pressure as a result of changes
from Class 1 to Class 3 locations. Line R–701
runs south to north starting at Burlington, Ohio
and ending at McArthur, Ohio.
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Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices
Authority: 49 U.S.C. 60118(c)(1) and
49 CFR 1.53.
Issued in Washington, DC on January 15,
2009.
John Gale,
Director, Office of Regulations.
[FR Doc. E9–1425 Filed 1–22–09; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Additional Designation of an Entity
Pursuant to Executive Order 13224
AGENCY: Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
SUMMARY: The Treasury Department’s
Office of Foreign Assets Control
(‘‘OFAC’’) is publishing the name of one
newly-designated entity whose property
and interests in property are blocked
pursuant to Executive Order 13224 of
September 23, 2001, ‘‘Blocking Property
and Prohibiting Transactions With
Persons Who Commit, Threaten To
Commit, or Support Terrorism.’’
DATES: The designation by the Director
of OFAC of the one entity identified in
this notice, pursuant to Executive Order
13224, is effective on January 6, 2009.
FOR FURTHER INFORMATION CONTACT:
Assistant Director, Compliance
Outreach & Implementation, Office of
Foreign Assets Control, Department of
the Treasury, Washington, DC 20220,
tel.: 202/622–2490.
SUPPLEMENTARY INFORMATION:
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Electronic and Facsimile Availability
This document and additional
information concerning OFAC are
available from OFAC’s Web site (http:
//www.treas.gov/ofac) or via facsimile
through a 24-hour fax-on-demand
service, tel.: 202/622–0077.
Background
On September 23, 2001, the President
issued Executive Order 13224 (the
‘‘Order’’) pursuant to the International
Emergency Economic Powers Act, 50
U.S.C. 1701–1706, and the United
Nations Participation Act of 1945, 22
U.S.C. 287c. In the Order, the President
declared a national emergency to
address grave acts of terrorism and
threats of terrorism committed by
foreign terrorists, including the
September 11, 2001, terrorist attacks in
New York, Pennsylvania, and at the
Pentagon. The Order imposes economic
sanctions on persons who have
committed, pose a significant risk of
committing, or support acts of terrorism.
VerDate Nov<24>2008
18:32 Jan 22, 2009
Jkt 217001
The President identified in the Annex to
the Order, as amended by Executive
Order 13268 of July 2, 2002, 13
individuals and 16 entities as subject to
the economic sanctions. The Order was
further amended by Executive Order
13284 of January 23, 2003, to reflect the
creation of the Department of Homeland
Security.
Section 1 of the Order blocks, with
certain exceptions, all property and
interests in property that are in or
hereafter come within the United States
or the possession or control of United
States persons, of: (1) Foreign persons
listed in the Annex to the Order; (2)
foreign persons determined by the
Secretary of State, in consultation with
the Secretary of the Treasury, the
Secretary of the Department of
Homeland Security and the Attorney
General, to have committed, or to pose
a significant risk of committing, acts of
terrorism that threaten the security of
U.S. nationals or the national security,
foreign policy, or economy of the United
States; (3) persons determined by the
Director of OFAC, in consultation with
the Departments of State, Homeland
Security and Justice, to be owned or
controlled by, or to act for or on behalf
of those persons listed in the Annex to
the Order or those persons determined
to be subject to subsection 1(b), 1(c), or
1(d)(i) of the Order; and (4) except as
provided in section 5 of the Order and
after such consultation, if any, with
foreign authorities as the Secretary of
State, in consultation with the Secretary
of the Treasury, the Secretary of the
Department of Homeland Security and
the Attorney General, deems
appropriate in the exercise of his
discretion, persons determined by the
Director of OFAC, in consultation with
the Departments of State, Homeland
Security and Justice, to assist in,
sponsor, or provide financial, material,
or technological support for, or financial
or other services to or in support of,
such acts of terrorism or those persons
listed in the Annex to the Order or
determined to be subject to the Order or
to be otherwise associated with those
persons listed in the Annex to the Order
or those persons determined to be
subject to subsection 1(b), 1(c), or 1(d)(i)
of the Order.
On January 6, 2009, the Director of
OFAC, in consultation with the
Departments of State, Homeland
Security, Justice and other relevant
agencies, designated, pursuant to one or
more of the criteria set forth in
subsections 1(b), 1(c) or 1(d) of the
Order, one entity whose property and
interests in property are blocked
pursuant to Executive Order 13224.
The designee is as follows:
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4299
1.WAAD PROJECT (a.k.a. AL-WAAD
AL-SADIQ; a.k.a. ’MASHURA WAAD
LAADAT AL-AAMAR; a.k.a. WAAD;
a.k.a. WA’AD AS SADIQ; a.k.a. WAAD
COMPANY; a.k.a. WAAD FOR
REBUILDING THE SOUTHERN
SUBURB; a.k.a. WAAD PROJECT FOR
RECONSTRUCTION; a.k.a. WA’D
PROJECT; a.k.a. WAED; a.k.a. WA’ED
ORGANIZATION; a.k.a. WA’ID
COMPANY), Harat Hurayk, Lebanon;
Beirut, Lebanon; Telephone No.
009613679153; Telephone No.
009613380223; Telephone No.
03889402; Telephone No. 03669916
[SDGT].
Dated: January 6, 2009.
Adam J. Szubin,
Director, Office of Foreign Assets Control.
[FR Doc. E9–1310 Filed 1–22–09; 8:45 am]
BILLING CODE 4811–45–P
DEPARTMENT OF THE TREASURY
Office of Foreign Assets Control
Additional Designations of Individuals
and Entities Pursuant to Executive
Order 13448 or Executive Order 13464
and Identifications of Individuals and
Entities Blocked Pursuant to the JADE
Act
AGENCY: Office of Foreign Assets
Control, Treasury.
ACTION: Notice.
SUMMARY: The Treasury Department’s
Office of Foreign Assets Control
(‘‘OFAC’’) is publishing the names of
two newly-designated individuals and
twenty-three entities whose property
and interests in property are blocked
pursuant to Executive Order 13448 of
October 18, 2007, ‘‘Blocking Property
and Prohibiting Certain Transactions
Related to Burma’’ or Executive Order
13464 of April 30, 2008, ‘‘Blocking
Property and Prohibiting Certain
Transactions Related to Burma.’’ OFAC
is also identifying certain individuals
and entities that are subject to the
blocking provisions of the Tom Lantos
Block Burmese JADE (Junta’s AntiDemocratic Efforts) Act of 2008 (the
‘‘JADE Act’’).
DATES: The designation by the Director
of OFAC of two individuals and twentythree entities identified in this notice,
pursuant to Executive Order 13448 or
Executive Order 13464 is effective
January 15, 2009.
FOR FURTHER INFORMATION CONTACT:
Assistant Director, Compliance
Outreach & Implementation, Office of
Foreign Assets Control, Department of
the Treasury, 1500 Pennsylvania
Avenue, NW., (Treasury Annex),
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]]>Agencies
[Federal Register Volume 74, Number 14 (Friday, January 23, 2009)]
[Notices]
[Pages 4296-4299]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-1425]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2008-0333]
Pipeline Safety: Requests for Special Permit
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA);
DOT.
ACTION: Notice.
-----------------------------------------------------------------------
[[Page 4297]]
SUMMARY: The Federal pipeline safety laws allow a pipeline operator to
request PHMSA to waive compliance with any part of the Federal pipeline
safety regulations by granting a special permit to the operator. PHMSA
is publishing this notice to provide a list of special permit requests
we have received from pipeline operators seeking relief from compliance
with certain pipeline safety regulations. This notice seeks public
comment on these requests, including comments on any environmental
impacts. At the conclusion of the 30 days comment period, PHMSA will
evaluate each request individually to determine whether to grant or
deny a special permit.
DATES: Submit any comments regarding any of these special permit
requests by February 23, 2009.
ADDRESSES: Comments should reference the docket number for the special
permit request and may be submitted in the following ways:
E-Gov Web Site: https://www.Regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency.
Fax: 1-202-493-2251.
Mail: Docket Management System: U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue, SE, Washington, DC 20590.
Hand Delivery: DOT Docket Management System: U.S.
Department of Transportation, Docket Operations, M-30, West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
Instructions: You should identify the docket number for the special
permit request you are commenting on at the beginning of your comments.
If you submit your comments by mail, submit two copies. To receive
confirmation that PHMSA received your comments, include a self-
addressed stamped postcard. Internet users may submit comments at
https://www.Regulations.gov.
Note: Comments are posted without changes or edits to https://
www.Regulations.gov, including any personal information provided.
There is a privacy statement published on https://
www.Regulations.gov.
FOR FURTHER INFORMATION CONTACT:
General: Kay McIver by telephone at (202) 366-0113; or, e-mail at
kay.mciver@dot.gov.
Technical: Steve Nanney by telephone at (713) 272-2855, or, e-mail
at steve.nanney@dot.gov.
SUPPLEMENTARY INFORMATION: PHMSA has filed in the Federal Docket
Management System (FDMS) requests for special permits we have received
from pipeline operators seeking relief from compliance with certain
pipeline safety regulations. Each request has been assigned a separate
docket number in the FDMS. We invite interested persons to participate
by reviewing these special permit requests and by submitting written
comments, data or other views. Please include any comments on
environmental impacts granting the special permit may have.
Before acting on any special permit request, PHMSA will evaluate
all comments received on or before the comment closing date. We will
consider comments received after this date if it is possible to do so
without incurring additional expense or delay. We may grant a special
permit or deny a request based on the comments we receive.
PHMSA has received the following special permit requests:
----------------------------------------------------------------------------------------------------------------
Docket No. Requester Regulation(s) affected Nature of special permit
----------------------------------------------------------------------------------------------------------------
PHMSA-2008-0188................... Texas Eastern 49 CFR 192.611.......... To authorize Texas Eastern
Transmission, L.P. Transmission, L.P. (TETLP)
(``TETLP'') to operate two pipeline
(Spectra Energy). segments on its 24-inch Line
12 system downstream of its
Grantville Compressor
station in Lebanon County,
Pennsylvania to Bernville
Compressor station in
Pennsylvania without
reducing operating pressure
as a result of changes from
Class 1 to Class 2
locations. Grantville Line
12 would continue to operate
at its maximum allowable
operating pressure
(``MAOP'') of 1,050 psig
without replacing the pipe
in the new Class 2 area.
PHMSA-2008-0213................... Empire Pipeline.... 49 CFR 192.611.......... To authorize the Empire
Pipeline to operate 5
segments on its 24-inch
natural gas pipeline without
reducing the operating
pressure as a result of
changes from Class 1 to
Class 3 locations. The
special permit is sought
with respect to these five
segments:
Segment 1: (MP 57.33 to MP
57.49) in the town of Byron,
Genesee County, NY, west of
NY Route 237.
Segment 2: (MP 76.09 to MP
76.42) located in the town
of Henrietta, in Monroe
County, NY and 375 feet west
of East River Road.
Segment 3: (MP 84.88 to MP
85.19) located in the town
of Pittsford, Monroe County,
NY, beginning approximately
200 feet west of West
Bloomfield Road and
continuing approximately 3/
10th of a mile to the west.
Segment 4: (MP 23.30 to MP
23.81) located in the town
of Pendleton, Niagara
County, NY, west of Transit
Road (Route 78).
Segment 5: (MP 25.19 to MP
25.54) located in the town
of Lockport, Niagara County,
New York, east of Old
Beattie Road.
[[Page 4298]]
PHMSA-2008-0257................... Texas Eastern 49 CFR 192.112(a)(1), 49 To authorize an increase in
Transmission. CFR 192.112(c)(1), 49 MAOP on the Texas Eastern
CFR 192.112(c)(2)(i), Transmission, L.P.
49 CFR (``TETLP'') 36-inch Lines 1
192.112(c)(2)(ii), 49 and 2 from the Uniontown,
CFR 192.112(c)(2)(iii), Pennsylvania compressor
49 CFR station to a mainline
192.112(d)(2)(i), 49 regulating station,
CFR 192.112(f)(1), 49 approximately 7 miles west
CFR 192.620(d)(5)(iii). of its Lambertville, New
Jersey compressor station.
The pipeline system
operating pressure would
increase to 80% of specified
minimum yield strength
(SMYS) in Class 1 locations,
67% SMYS in Class 2
locations, and 56% SMYS in
Class 3 locations. There are
no Class 4 areas on the
system and TETLP does not
propose to include future
Class 4 areas under this
special permit. The existing
pipeline system pressure is
1000 psig and will be
uprated to 1112 psig. The
MAOP uprate is part of two
proposed pipeline capacity
expansion projects, called
the TEMAS and TIME III
Projects.
PHMSA-2008-0285................... TransCanada 49 CFR 195.106.......... To authorize TransCanada to
Keystone Pipeline design, construct and
LP 36-inch XL operate the proposed 36-inch
Pipeline. TransCanada Keystone XL
Pipeline Project, using a
design factor and operating
stress level of 80% SMYS.
PHMSA-2008-0327................... Trunkline LNG 49 CFR 190.341.......... To authorize Trunkline LNG
(TLNG). (TLNG) to operate two
potassium formate heat-
exchange vaporizers at the
TLNG facility near Lake
Charles, Louisiana. These
vaporizers are part of a
nearly completed expansion
project at the facility and
are referred to as the IEP
(Infrastructure Expansion
Project). This request is to
adjust the allowed distance
between the second and third
vaporizers.
PHMSA-2008-0330................... Columbia Gas 49 CFR 192.611.......... To authorize Columbia Gas
Transmission (CGT). Transmission (CGT) to
operate 2 segments on its 30-
inch Mainline 200, and its
36-inch Mainline 300
pipeline systems located in
Mt. Juliet, Wilson County,
Tennessee, without reducing
operating pressure as a
result of changes from
original Class 1 or Class 2
to Class 3 locations, and
without replacing the pipe
in Class 3 areas.
PHMSA-2008-0331................... Columbia Gas 49 CFR 192.611.......... To authorize Columbia Gas
Transmission (CGT). Transmission (CGT) to
operate six segments of 30-
inch SM-80 and 30-inch SM-80-
Loop pipelines in Cabell and
Putnam Counties, WV, at the
current 935 psig operating
pressure without replacing
pipe in the Class 3
locations. The SM-80 and SM-
80-Loop pipelines are
parallel to one another
across their full length
starting at Boyd County,
Kentucky and ending at the
Lanham compressor station at
Rocky Fork, West Virginia.
PHMSA-2008-0332................... Columbia Gas 49 CFR 192.611.......... To authorize Columbia Gas
Transmission (CGT). Transmission (CGT) to
operate 5 segments of 20-
inch Mainline 1804 pipeline
system in Adams and York
Counties, PA without
reducing operating pressure
as a result of changes from
Class 1 to Class 3
locations.
PHMSA-2008-0345................... Columbia Gas 49 CFR 192.611.......... To authorize Columbia Gas
Transmission (CGT). Transmission (CGT) to
operate four segments of its
24-inch Mainline R-701
pipeline in Southern Ohio
without reducing operating
pressure as a result of
changes from Class 1 to
Class 3 locations. Line R-
701 runs south to north
starting at Burlington, Ohio
and ending at McArthur,
Ohio.
----------------------------------------------------------------------------------------------------------------
[[Page 4299]]
Authority: 49 U.S.C. 60118(c)(1) and 49 CFR 1.53.
Issued in Washington, DC on January 15, 2009.
John Gale,
Director, Office of Regulations.
[FR Doc. E9-1425 Filed 1-22-09; 8:45 am]
BILLING CODE 4910-60-P
