Pipeline Safety: Clarification of Terms Relating to Pipeline Operational Status, 54512-54514 [2016-19494]
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Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
DEPARTMENT OF TRANSPORTATION
VII. Congressional Review Act
49 CFR Parts 192 and 195
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
[Docket No. PHMSA–2016–0075]
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: August 5, 2016.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.568, add alphabetically the
commodities ‘‘Soybean forage’’ and
‘‘Soybean hay’’ to the table in paragraph
(a) to read as follows:
■
Pipeline and Hazardous Materials
Safety Administration
Pipeline Safety: Clarification of Terms
Relating to Pipeline Operational Status
Pipeline and Hazardous
Materials Safety Administration
(PHMSA); DOT.
ACTION: Issuance of Advisory Bulletin.
AGENCY:
PHMSA is issuing this
advisory bulletin to all owners and
operators (operators) of hazardous
liquid, carbon dioxide, and gas
pipelines, as defined in 49 Code of
Federal Regulations Parts 192 and 195,
to clarify the regulatory requirements
that may vary depending on the
operational status of a pipeline. Further,
this advisory bulletin identifies
regulatory requirements operators must
follow for the abandonment of
pipelines. Pipeline owners and
operators should verify their operations
and procedures align with the
regulatory intent of defined terms as
described under this bulletin. Congress
recognized the need for this clarification
in its Protecting our Infrastructure of
Pipelines and Enhancing Safety Act of
2016.
DATES: August 16, 2016.
FOR FURTHER INFORMATION CONTACT: Ms.
Linda Daugherty at 816–329–3800 or by
email to Linda.Daugherty@dot.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
asabaliauskas on DSK3SPTVN1PROD with RULES
§ 180.568 Flumioxazin; tolerance for
residues.
On March 17, 2014, a hazardous
liquid pipeline company was notified
(a) * * *
by emergency responders of crude oil
leaking up from below the pavement in
Parts per
a residential area in Wilmington,
Commodity
million
California. The leak was close to a
refinery. The company initially
informed the regulator that it had no
*
*
*
*
*
active lines in the area but responded
Soybean forage ....................
0.03 anyway.
On March 18, 2014, the company
Soybean hay .........................
0.02
excavated the area surrounding the
leaking oil and learned that the leak
*
*
*
*
*
originated from a pipeline that it owned.
The pipeline had been purchased 16
years ago and the company understood
*
*
*
*
*
that the previous operator had properly
[FR Doc. 2016–19553 Filed 8–15–16; 8:45 am]
abandoned and purged the pipeline
BILLING CODE 6560–50–P
prior to purchase. Regulators
determined the pipeline leaked due to
an internal ‘‘pinhole’’ corrosion leak on
a weld.
Subsequent investigations determined
that while the pipeline was not in
VerDate Sep<11>2014
18:12 Aug 15, 2016
Jkt 238001
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
operation, its valves were positioned to
prevent flow but the pipeline had never
been purged and cleaned. Some
regulators and industry representatives
informally referred to such pipelines as
‘‘idled.’’
On May 31, 2015, a 24-inch natural
gas ‘‘auxiliary’’ pipeline crossing the
Arkansas River in North Little Rock,
Arkansas, failed due to vortex-induced
vibration after high water levels eroded
the ground cover and exposed the
pipeline to the river’s flow. The failure
released 3,858 cubic feet of natural gas
into the atmosphere and resulted in the
temporary closure of the Arkansas River
to vessel traffic for five days. The
pipeline at the time of the failure was
isolated by two mainline valves, at an
approximate pressure of 700 pounds per
square inch (psig). The pipeline,
considered an emergency back-up
pipeline crossing the river, has not been
fully operated since 1972. However, the
company did maintain the pipeline as
an active pipeline, subject to in-line
inspection, cathodic protection, and
other maintenance requirements.
On October 28, 2015, Cypress,
California, city public works employees
identified an oil-water mixture on a
local road. Approximately 28 barrels of
oil-water mixture was determined to
have leaked from an oil pipeline that
was believed to have been purged of oil
prior to deactivation in 1997. The owner
of the pipeline had purchased it from
another company just prior to the
failure.
Congress recognized the need for
PHMSA to provide clarification of
operational terms and ensure all
operators are aware of and abide by the
regulatory requirements for properly
abandoning pipelines. In its ‘‘Protecting
our Infrastructure of Pipelines and
Enhancing Safety Act of 2016,’’
Congress required PHMSA to issue an
advisory bulletin to owners and
operators of gas or hazardous liquid
pipeline facilities and Federal and State
pipeline safety personnel regarding
procedures required to change the status
of a pipeline facility from active to
abandoned, including specific guidance
on the terms recognized by the Secretary
for each pipeline status referred to in
such advisory bulletin.
PHMSA regulations do not recognize
an ‘‘idle’’ status for hazardous liquid or
gas pipelines. The regulations consider
pipelines to be either active and fully
subject to all relevant parts of the safety
regulations or abandoned. The process
and requirements for pipeline
abandonment are captured in §§ 192.727
and 195.402(c)(10) for gas and
hazardous liquid pipelines,
respectively. These requirements
E:\FR\FM\16AUR1.SGM
16AUR1
asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations
include purging all combustibles and
sealing any facilities left in place. The
last owner or operator of abandoned
offshore facilities and abandoned
onshore facilities that cross over, under,
or through commercially navigable
waterways must file a report with
PHMSA. PHMSA regulations define the
term ‘‘abandoned’’ to mean permanently
removed from service (§ 192.3).
A 1998 report by the Research and
Special Programs Administration
(RSPA), a predecessor agency to
PHMSA, titled: ‘‘Analysis of Pipeline
Burial Surveys in the Gulf of Mexico,’’
stated: ‘‘Abandonment involves the
permanent and, for all practical
purposes, irreversible process of
discontinuing the use of a pipeline. The
physical asset is abandoned in the truest
sense of the word; no future use or value
is attributed to it, and no attempts are
made to maintain serviceability.
Pipeline systems or segments that are
not abandoned, but only idled,
decommissioned, or mothballed, are
considered to have the potential for
reuse at some point in the future. The
maintenance and inspection to be
performed in these cases is a function of
the probability of reuse, the cost and
difficulty of remediation which may be
required, and the potential impact of the
in-place and idled facility on human
safety and the environment.’’
PHMSA is aware that some pipelines
may have been abandoned prior to the
effective date of the abandonment
regulations. Companies may not have
access to records relating to where these
pipelines are located or whether they
were properly purged of combustibles
and sealed. Owners and operators have
a responsibility to assure facilities for
which they are responsible or last
owned do not present a hazard to
people, property or the environment.
In the case study from Wilmington,
California, provided above, the pipeline
company was aware of the pipeline and
believed it to have been properly
abandoned by the previous owner/
operator. The pipeline company was
cited and fined by a State regulator
because it did not properly maintain the
active line or, alternatively, properly
abandon the pipeline facility.
Pipelines not currently in operation
but that may be used in the future are
sometimes informally referred to as
‘‘idled,’’ ‘‘inactive,’’ or
‘‘decommissioned.’’ These pipelines
may be shut down and still contain
hazardous liquids or gas. Usually, the
mainline valves on these pipelines are
closed, isolating them from other
pipeline segments. Frequently, blind
flanges or welded end caps are used for
further isolation. Some pipelines do not
VerDate Sep<11>2014
18:12 Aug 15, 2016
Jkt 238001
operate for short periods of time such as
weeks or months. Other pipelines do
not operate for years. If a pipeline is not
properly abandoned and may be used
for the future for transportation of
hazardous liquid or gas, PHMSA
regulations consider it an active
pipeline. Owners and operators of
pipelines that are not operating but
contain hazardous liquids and gas must
comply with all relevant safety
requirements, including periodic
maintenance, integrity management
assessments, damage prevention
programs, and public awareness
programs.
PHMSA is aware that some owners
and operators may properly purge a
pipeline of combustibles without
abandonment because of an expectation
to later continue using the pipeline in
hazardous materials transportation. A
purged pipeline presents different risks,
and different regulatory treatment may
be appropriate. Degradation of such a
pipeline can occur, but it is not likely
to result in significant safety impacts to
people, property, or the environment.
PHMSA will accept deferral of certain
activities for purged but active
pipelines. These deferred activities
might include actions impractical on
most purged pipelines such as in-line
inspection. PHMSA is considering
proposing procedures in a future
rulemaking that would address methods
owners or operators could use to notify
regulators of purged but active
pipelines. In the interim, owners or
operators planning to defer certain
activities for purged pipelines should
coordinate the deferral in advance with
regulators. All deferred activities must
be completed prior to, or as part, of any
later return-to-service. Pipeline owners
and operators are fully responsible for
the safety of their pipeline facilities at
all times and during all operational
statuses.
II. Advisory Bulletin (ADB–2016–05)
To: Owners and Operators of
Hazardous Liquid, Carbon Dioxide and
Gas Pipelines.
Subject: Clarification of Terms
Relating to Pipeline Operational Status.
Advisory: PHMSA regulations do not
recognize an ‘‘idle’’ status for a
hazardous liquid or gas pipelines. The
regulations consider pipelines to be
either active and fully subject to all
parts of the safety regulations or
abandoned. The process and
requirements for pipeline abandonment
are captured in §§ 192.727 and
195.402(c)(10) for gas and hazardous
liquid pipelines, respectively. Pipelines
abandoned after the effective date of the
regulations must comply with
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
54513
requirements to purge all combustibles
and seal any facilities left in place. The
last owner or operator of abandoned
offshore facilities and abandoned
onshore facilities that cross over, under,
or through commercially navigable
waterways must file a report with
PHMSA. PHMSA regulations define the
term ‘‘abandoned’’ to mean permanently
removed from service.
Companies that own pipelines
abandoned prior to the effective date of
the abandonment regulations may not
have access to records relating to where
these pipelines are located or whether
they were properly purged of
combustibles and sealed. To the extent
feasible, owners and operators have a
responsibility to assure facilities for
which they are responsible or last
owned do not present a hazard to
people, property or the environment.
Pipelines not currently in operation
are sometimes informally referred to as
‘‘idled,’’ ‘‘inactive,’’ or
‘‘decommissioned.’’ These pipelines
may be shut down and still contain
hazardous liquids or gas. Usually, the
mainline valves on these pipelines are
closed, isolating them from other
pipeline segments. If a pipeline is not
properly abandoned and may be used in
the future for transportation of
hazardous liquid or gas, PHMSA
regulations consider it as an active
pipeline. Owners and operators of
pipelines that are not operating but
contain hazardous liquids and gas must
comply with all applicable safety
requirements, including periodic
maintenance, integrity management
assessments, damage prevention
programs, response planning, and
public awareness programs.
PHMSA is aware that some owners
and operators may properly purge a
pipeline of combustibles with the
expectation to later use that pipeline in
hazardous materials transportation. A
purged pipeline presents different risks,
and therefore different regulatory
treatment may be appropriate.
Degradation of such a pipeline can
occur, but is not likely to result in
significant safety impacts to people,
property, or the environment. PHMSA
will accept deferral of certain activities
for purged but active pipelines. These
deferred activities might include actions
impractical on most purged pipelines,
such as in-line inspection. PHMSA is
considering proposing procedures in a
future rulemaking that would address
methods owners or operators could use
to notify regulators of purged but active
pipelines. In the interim, owners or
operators planning to defer certain
activities for purged pipelines should
coordinate the deferral in advance with
E:\FR\FM\16AUR1.SGM
16AUR1
54514
Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations
regulators. All deferred activities must
be completed prior to, or as part of, any
later return-to-service. Pipeline owners
and operators are fully responsible for
the safety of their pipeline facilities at
all times and during all operational
statuses.
DEPARTMENT OF THE INTERIOR
Issued in Washington, DC, on August 11,
2016, under authority delegated in 49 CFR
1.97.
Alan K. Mayberry,
Acting Associate Administrator for Pipeline
Safety.
RIN 1018–BA70
[FR Doc. 2016–19494 Filed 8–15–16; 8:45 am]
BILLING CODE 4910–60–P
Fish and Wildlife Service
50 CFR Part 20
[Docket No. FWS–HQ–MB–2015–0034;
FF09M21200–167–FXMB1231099BPP0]
Migratory Bird Hunting; Seasons and
Bag and Possession Limits for Certain
Migratory Game Birds
Fish and Wildlife Service,
Interior.
ACTION: Final rule; correction.
AGENCY:
We, the U.S. Fish and
Wildlife Service, published a final rule
in the Federal Register on July 25, 2016,
that prescribes the hunting seasons,
hours, areas, and daily bag and
possession limits for migratory game
birds during the 2016–17 season. Taking
of migratory birds is prohibited unless
specifically provided for by annual
regulations. In that final rule, we
SUMMARY:
identified several errors concerning
season dates, and bag and possession
limits, for certain States, as well as a
number of formatting and other errors in
tables and table notes. With this
document, we correct those errors.
DATES: This correction is effective
August 16, 2016.
FOR FURTHER INFORMATION CONTACT: Ron
W. Kokel, Division of Migratory Bird
Management, U.S. Fish and Wildlife
Service, (703) 358–1714.
SUPPLEMENTARY INFORMATION: In a final
rule published in the Federal Register
on July 25, 2016, at 81 FR 48648, the
following corrections are made:
■ 1. On page 48652, § 20.103(a) is
amended by revising the entry for
Pennsylvania under the heading
EASTERN MANAGEMENT UNIT in the
table to read as follows:
§ 20.103 Seasons, limits, and shooting
hours for doves and pigeons.
*
*
*
(a) * * *
*
*
Limits
Season dates
Bag
Possession
EASTERN MANAGEMENT UNIT
Pennsylvania
12 noon to sunset ..................................................
1/2 hour before sunrise to sunset ..........................
*
*
*
*
*
2. On page 48656, § 20.104 is
amended by revising table note (14) to
read as follows:
■
§ 20.104 Seasons, limits, and shooting
hours for rails, woodcock, and snipe.
*
*
*
*
*
(14) In Iowa, the limits for sora and
Virginia rails are 12 daily and 36 in
possession.
*
*
*
*
*
3. Section 20.105 is amended as
follows:
■ a. On page 48657, in paragraph (c), by
revising the entry for Iowa under the
■
Sept. 1–Sept. 24 ..........................................................
Sept. 26–Oct. 8 & ........................................................
Oct. 15–Nov. 26 & .......................................................
Dec. 26–Jan. 3 .............................................................
heading MISSISSIPPI FLYWAY in the
table;
■ b. On page 48659, in paragraph (d), by
revising table note (11);
■ c. In paragraph (e):
■ i. On pages 48660 through 48665,
under the heading ATLANTIC
FLYWAY, by revising the entries for
Georgia, Maine, New Jersey, and Rhode
Island in the table; by adding an entry
for South Carolina in the table; and by
revising table note (14);
■ ii. On pages 48668 through 48670,
under the heading MISSISSIPPI
FLYWAY, by revising the entries for
Minnesota and Tennessee in the table,
and by removing and reserving table
note (6); and
15
15
15
15
45
45
45
45
iii. On page 48670, under the heading
CENTRAL FLYWAY, in the
introductory text under the heading
‘‘Duck Limits’’, by removing the words
‘‘1 mottled duck,’’; and
■ d. In paragraph (f), in the table:
■ i. On page 48678, under the heading
MISSISSIPPI FLYWAY, by revising the
entry for Iowa; and
■ ii. On page 48679, under the heading
CENTRAL FLYWAY, by revising the
entry for Kansas.
The revisions read as follows:
■
§ 20.105 Seasons, limits, and shooting
hours for waterfowl, coots, and gallinules.
*
*
*
(c) * * *
*
*
Limits
asabaliauskas on DSK3SPTVN1PROD with RULES
Season dates
Bag
*
MISSISSIPPI FLYWAY
*
*
*
*
*
*
Iowa (3):
North Zone .............................................................
VerDate Sep<11>2014
18:12 Aug 15, 2016
Jkt 238001
PO 00000
Possession
*
*
*
*
*
*
*
Sept. 3–Sept. 11 ..........................................................
Frm 00038
Fmt 4700
Sfmt 4700
E:\FR\FM\16AUR1.SGM
16AUR1
6
18
]]>Agencies
[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Rules and Regulations]
[Pages 54512-54514]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-19494]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 192 and 195
[Docket No. PHMSA-2016-0075]
Pipeline Safety: Clarification of Terms Relating to Pipeline
Operational Status
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA);
DOT.
ACTION: Issuance of Advisory Bulletin.
-----------------------------------------------------------------------
SUMMARY: PHMSA is issuing this advisory bulletin to all owners and
operators (operators) of hazardous liquid, carbon dioxide, and gas
pipelines, as defined in 49 Code of Federal Regulations Parts 192 and
195, to clarify the regulatory requirements that may vary depending on
the operational status of a pipeline. Further, this advisory bulletin
identifies regulatory requirements operators must follow for the
abandonment of pipelines. Pipeline owners and operators should verify
their operations and procedures align with the regulatory intent of
defined terms as described under this bulletin. Congress recognized the
need for this clarification in its Protecting our Infrastructure of
Pipelines and Enhancing Safety Act of 2016.
DATES: August 16, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Linda Daugherty at 816-329-3800 or
by email to Linda.Daugherty@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On March 17, 2014, a hazardous liquid pipeline company was notified
by emergency responders of crude oil leaking up from below the pavement
in a residential area in Wilmington, California. The leak was close to
a refinery. The company initially informed the regulator that it had no
active lines in the area but responded anyway.
On March 18, 2014, the company excavated the area surrounding the
leaking oil and learned that the leak originated from a pipeline that
it owned. The pipeline had been purchased 16 years ago and the company
understood that the previous operator had properly abandoned and purged
the pipeline prior to purchase. Regulators determined the pipeline
leaked due to an internal ``pinhole'' corrosion leak on a weld.
Subsequent investigations determined that while the pipeline was
not in operation, its valves were positioned to prevent flow but the
pipeline had never been purged and cleaned. Some regulators and
industry representatives informally referred to such pipelines as
``idled.''
On May 31, 2015, a 24-inch natural gas ``auxiliary'' pipeline
crossing the Arkansas River in North Little Rock, Arkansas, failed due
to vortex-induced vibration after high water levels eroded the ground
cover and exposed the pipeline to the river's flow. The failure
released 3,858 cubic feet of natural gas into the atmosphere and
resulted in the temporary closure of the Arkansas River to vessel
traffic for five days. The pipeline at the time of the failure was
isolated by two mainline valves, at an approximate pressure of 700
pounds per square inch (psig). The pipeline, considered an emergency
back-up pipeline crossing the river, has not been fully operated since
1972. However, the company did maintain the pipeline as an active
pipeline, subject to in-line inspection, cathodic protection, and other
maintenance requirements.
On October 28, 2015, Cypress, California, city public works
employees identified an oil-water mixture on a local road.
Approximately 28 barrels of oil-water mixture was determined to have
leaked from an oil pipeline that was believed to have been purged of
oil prior to deactivation in 1997. The owner of the pipeline had
purchased it from another company just prior to the failure.
Congress recognized the need for PHMSA to provide clarification of
operational terms and ensure all operators are aware of and abide by
the regulatory requirements for properly abandoning pipelines. In its
``Protecting our Infrastructure of Pipelines and Enhancing Safety Act
of 2016,'' Congress required PHMSA to issue an advisory bulletin to
owners and operators of gas or hazardous liquid pipeline facilities and
Federal and State pipeline safety personnel regarding procedures
required to change the status of a pipeline facility from active to
abandoned, including specific guidance on the terms recognized by the
Secretary for each pipeline status referred to in such advisory
bulletin.
PHMSA regulations do not recognize an ``idle'' status for hazardous
liquid or gas pipelines. The regulations consider pipelines to be
either active and fully subject to all relevant parts of the safety
regulations or abandoned. The process and requirements for pipeline
abandonment are captured in Sec. Sec. 192.727 and 195.402(c)(10) for
gas and hazardous liquid pipelines, respectively. These requirements
[[Page 54513]]
include purging all combustibles and sealing any facilities left in
place. The last owner or operator of abandoned offshore facilities and
abandoned onshore facilities that cross over, under, or through
commercially navigable waterways must file a report with PHMSA. PHMSA
regulations define the term ``abandoned'' to mean permanently removed
from service (Sec. 192.3).
A 1998 report by the Research and Special Programs Administration
(RSPA), a predecessor agency to PHMSA, titled: ``Analysis of Pipeline
Burial Surveys in the Gulf of Mexico,'' stated: ``Abandonment involves
the permanent and, for all practical purposes, irreversible process of
discontinuing the use of a pipeline. The physical asset is abandoned in
the truest sense of the word; no future use or value is attributed to
it, and no attempts are made to maintain serviceability. Pipeline
systems or segments that are not abandoned, but only idled,
decommissioned, or mothballed, are considered to have the potential for
reuse at some point in the future. The maintenance and inspection to be
performed in these cases is a function of the probability of reuse, the
cost and difficulty of remediation which may be required, and the
potential impact of the in-place and idled facility on human safety and
the environment.''
PHMSA is aware that some pipelines may have been abandoned prior to
the effective date of the abandonment regulations. Companies may not
have access to records relating to where these pipelines are located or
whether they were properly purged of combustibles and sealed. Owners
and operators have a responsibility to assure facilities for which they
are responsible or last owned do not present a hazard to people,
property or the environment.
In the case study from Wilmington, California, provided above, the
pipeline company was aware of the pipeline and believed it to have been
properly abandoned by the previous owner/operator. The pipeline company
was cited and fined by a State regulator because it did not properly
maintain the active line or, alternatively, properly abandon the
pipeline facility.
Pipelines not currently in operation but that may be used in the
future are sometimes informally referred to as ``idled,'' ``inactive,''
or ``decommissioned.'' These pipelines may be shut down and still
contain hazardous liquids or gas. Usually, the mainline valves on these
pipelines are closed, isolating them from other pipeline segments.
Frequently, blind flanges or welded end caps are used for further
isolation. Some pipelines do not operate for short periods of time such
as weeks or months. Other pipelines do not operate for years. If a
pipeline is not properly abandoned and may be used for the future for
transportation of hazardous liquid or gas, PHMSA regulations consider
it an active pipeline. Owners and operators of pipelines that are not
operating but contain hazardous liquids and gas must comply with all
relevant safety requirements, including periodic maintenance, integrity
management assessments, damage prevention programs, and public
awareness programs.
PHMSA is aware that some owners and operators may properly purge a
pipeline of combustibles without abandonment because of an expectation
to later continue using the pipeline in hazardous materials
transportation. A purged pipeline presents different risks, and
different regulatory treatment may be appropriate. Degradation of such
a pipeline can occur, but it is not likely to result in significant
safety impacts to people, property, or the environment. PHMSA will
accept deferral of certain activities for purged but active pipelines.
These deferred activities might include actions impractical on most
purged pipelines such as in-line inspection. PHMSA is considering
proposing procedures in a future rulemaking that would address methods
owners or operators could use to notify regulators of purged but active
pipelines. In the interim, owners or operators planning to defer
certain activities for purged pipelines should coordinate the deferral
in advance with regulators. All deferred activities must be completed
prior to, or as part, of any later return-to-service. Pipeline owners
and operators are fully responsible for the safety of their pipeline
facilities at all times and during all operational statuses.
II. Advisory Bulletin (ADB-2016-05)
To: Owners and Operators of Hazardous Liquid, Carbon Dioxide and
Gas Pipelines.
Subject: Clarification of Terms Relating to Pipeline Operational
Status.
Advisory: PHMSA regulations do not recognize an ``idle'' status for
a hazardous liquid or gas pipelines. The regulations consider pipelines
to be either active and fully subject to all parts of the safety
regulations or abandoned. The process and requirements for pipeline
abandonment are captured in Sec. Sec. 192.727 and 195.402(c)(10) for
gas and hazardous liquid pipelines, respectively. Pipelines abandoned
after the effective date of the regulations must comply with
requirements to purge all combustibles and seal any facilities left in
place. The last owner or operator of abandoned offshore facilities and
abandoned onshore facilities that cross over, under, or through
commercially navigable waterways must file a report with PHMSA. PHMSA
regulations define the term ``abandoned'' to mean permanently removed
from service.
Companies that own pipelines abandoned prior to the effective date
of the abandonment regulations may not have access to records relating
to where these pipelines are located or whether they were properly
purged of combustibles and sealed. To the extent feasible, owners and
operators have a responsibility to assure facilities for which they are
responsible or last owned do not present a hazard to people, property
or the environment.
Pipelines not currently in operation are sometimes informally
referred to as ``idled,'' ``inactive,'' or ``decommissioned.'' These
pipelines may be shut down and still contain hazardous liquids or gas.
Usually, the mainline valves on these pipelines are closed, isolating
them from other pipeline segments. If a pipeline is not properly
abandoned and may be used in the future for transportation of hazardous
liquid or gas, PHMSA regulations consider it as an active pipeline.
Owners and operators of pipelines that are not operating but contain
hazardous liquids and gas must comply with all applicable safety
requirements, including periodic maintenance, integrity management
assessments, damage prevention programs, response planning, and public
awareness programs.
PHMSA is aware that some owners and operators may properly purge a
pipeline of combustibles with the expectation to later use that
pipeline in hazardous materials transportation. A purged pipeline
presents different risks, and therefore different regulatory treatment
may be appropriate. Degradation of such a pipeline can occur, but is
not likely to result in significant safety impacts to people, property,
or the environment. PHMSA will accept deferral of certain activities
for purged but active pipelines. These deferred activities might
include actions impractical on most purged pipelines, such as in-line
inspection. PHMSA is considering proposing procedures in a future
rulemaking that would address methods owners or operators could use to
notify regulators of purged but active pipelines. In the interim,
owners or operators planning to defer certain activities for purged
pipelines should coordinate the deferral in advance with
[[Page 54514]]
regulators. All deferred activities must be completed prior to, or as
part of, any later return-to-service. Pipeline owners and operators are
fully responsible for the safety of their pipeline facilities at all
times and during all operational statuses.
Issued in Washington, DC, on August 11, 2016, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Acting Associate Administrator for Pipeline Safety.
[FR Doc. 2016-19494 Filed 8-15-16; 8:45 am]
BILLING CODE 4910-60-P
