Pipeline and Hazardous Materials Safety Administration – Federal Register Recent Federal Regulation Documents

This notice is to advise interested persons that PHMSA will conduct a public meeting in preparation for the twenty-first meeting of the International Civil Aviation Organization's (ICAO) Dangerous Goods Panel (DGP) to be held November 5-16, 2007 in Montreal, Canada.

This notice announces the availability of materials, including a briefing paper prepared for PHMSA's Technical Hazardous Liquid Pipeline Safety Standards Committee (THLPSSC) and data on risks posed by internal corrosion on hazardous liquid pipelines. PHMSA is preparing a report to Congress on the adequacy of the internal corrosion regulations for hazardous liquid pipelines. Participants at a meeting of the THLPSSC discussed issues involved in examining the adequacy of the regulations and requested additional data. PHMSA requests public comment on these matters.

PHMSA is issuing this updated advisory bulletin to owners and operators of natural gas pipeline distribution systems concerning the susceptibility of older plastic pipe to premature brittle-like cracking. PHMSA previously issued three advisory bulletins on this subject: Two on March 11, 1999 and one on November 26, 2002. This advisory bulletin expands on the information provided in the three prior bulletins by listing two additional pipe materials with poor performance histories relative to brittle-like cracking and by updating pipeline owners and operators on the ongoing voluntary efforts to collect and analyze data on plastic pipe performance. Owners and operators of natural gas pipeline distribution systems are encouraged to review the three previous advisory bulletins in their entirety.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR Part 107, Subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Request of modifications of special permits (e.g. to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix ``M'' denote a modification request. These applications have been separated from the new application for special permits to facilitate processing.

PHMSA and the U.S. Nuclear Regulatory Commission (NRC) are jointly seeking comments on issues or problems concerning requirements in the International Atomic Energy Agency (IAEA) Regulations for the Safe Transport of Radioactive Material (referred to as TS-R-1). The IAEA is considering revisions to the TS-R-1 regulations as part of its review cycle for a 2011 edition.

The Department of Transportation (DOT), in coordination with the Department of Energy, Department of Agriculture, and others, is considering current and future transportation challenges posed by growing demand for ethanol and other biofuels and biofuel blends. Although pipelines have long been a primary mode for high volume transportation of gasoline and other petroleum products, most biofuels used in the U.S. today are transported exclusively by marine vessel, rail, and/or highway. In support of the President's energy agenda, DOT is prepared to facilitate pipeline options by sponsoring research and development, resolving technical issues, and, if necessary, clarifying safety standards. The PHMSA is the DOT agency with regulatory authority over the safe and reliable transportation of hazardous materials by all modes, including pipelines. The PHMSA's Hazardous Materials Regulations govern the transportation of ethanol and other biofuels and blends by rail, air, motor carrier, and barge. The PHMSA's Pipeline Safety Regulations cover the transportation by pipeline of all petroleum products, including gasoline blended with biofuel. In this Notice, PHMSA sets forth a formal determination (for purposes of 49 U.S.C. 60101(a)(4)(B)) that the transportation of unblended biofuels by pipeline is subject to the agency's jurisdiction and invites comments on the adequacy of existing regulatory definitions and standards. This Notice also describes and invites comments on the agency's ongoing efforts to identify and address the short-, medium-, and long- term opportunities and challenges associated with transporting biofuels. The PHMSA is seeking comments on technical issues, adequacy of standards, and research and development needs associated with the transportation of biofuels by pipeline. We describe and invite comments on the agency's ongoing efforts to prepare communities and emergency responders to mitigate hazards associated with transportation involving new fuels.

In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR Part 107, Subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Request of modifications of special permits (e.g. to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix ``M'' denote a modification request. There applications have been separated from the new application for special permits to facilitate processing.

In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that PHMSA forwarded an Information Collection Request to the Office of Management and Budget (OMB) for an extension of the currently approved collection of information ``Incorporation by Reference of Industry Standard on Leak Detection'' (2137-0598). The purpose of this notice is to invite the public to submit comments on the request to OMB.

PHMSA is in the process of reviewing widely-used special permits to identify those that have proven safety records and should be converted into the Hazardous Materials Regulations (HMR) as regulations of general applicability. A special permit is an authorization issued by PHMSA that allows a company or individual to package or ship a hazardous material in a manner that varies from the regulations provided an equivalent level of safety is maintained or that, in an emergency, is necessary to protect life or property. Incorporation of special permits into the HMR is a regulatory reform effort.

In accordance with the Paperwork Reduction Act of 1995, PHMSA invites comments on an information collection under Office of Management and Budget (OMB) Control No. 2137-0586, pertaining to Hazardous Materials Public Sector Training and Planning Grants. PHMSA will request approval from OMB for a revision to the current information collection. The revision implements a statutory provision authorizing PHMSA to request information from states concerning fees related to the transportation of hazardous materials. In addition, we are revising the current information collection to include more detailed information from grantees to enable us to more accurately evaluate the effectiveness of the grant program in meeting emergency response planning and training needs.

This notice announces a public meeting of PHMSA's Technical Hazardous Liquid Pipeline Safety Standards Committee (THLPSSC). The THLPSSC will vote on a proposal to extend pipeline safety regulations to certain unregulated hazardous liquid gathering lines and low-stress pipelines and on a supplemental proposal addressing new requirements for low-stress pipelines in the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006 (PIPES Act). PHMSA will also consult with the THLPSSC on a concept addressing internal corrosion.

In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Request of modifications of special permits (e.g. to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix ``M'' demote a modification request. These applications have been separated from the new application for special permits to facilitate processing.

This notice is to advise interested persons that PHMSA will conduct a public meeting in preparation for the 31st session of the United Nation's Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE) to be held July 2-6, 2007 in Geneva, Switzerland. In addition, input will be solicited on a five year agenda prioritizing PHMSA's international work.

In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that PHMSA forwarded an Information Collection Request to the Office of Management and Budget (OMB) for an extension of the currently approved collection for National Pipeline Mapping System (NPMS) data reporting. On March 23, 2007, PHMSA published a Federal Register notice soliciting comments on this information collection. No comments were received. The purpose of this notice is to allow the public an additional 30 days to submit comments.

Recently, five (5) 33-pound propane cylinders authorized under DOT Special Permit (DOT-SP 13957) ruptured during storage at a facility in Miami, Florida. The purpose of this notice is to alert owners and users of certain cylinders manufactured under this special permit to potential safety problems and to advise them to remove the cylinders from service as outlined in this notice. Also, PHMSA requests information on any other failures or leakage of lading, involving all cylinders made under DOT-SP 13957, which include 10-pound, 20-pound, and 33-pound cylinders, that may not have been previously reported to the agency.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.

In this supplemental notice of proposed rulemaking (SNPRM) PHMSA is modifying its pending proposal for regulating rural low-stress hazardous liquid pipelines within a prescribed buffer of an ``unusually sensitive area'' (USA). This modification addresses new requirements in the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006 (PIPES Act). We propose to apply all Federal hazardous liquid pipeline safety regulations to these pipelines instead of the narrower, threat-focused set of requirements we originally proposed to apply to these pipelines. This action will help protect USAs from the potential adverse impacts of releases from low-stress hazardous liquid pipelines in rural areas.

As part of PHMSA's efforts to review bulk loading and unloading of hazardous materials and to develop risk reduction strategies, the agency invites interested persons to participate in a public workshop that will examine industry data, identify industry best practices and standards, discuss the role of recommended practices for loading and unloading, and consider industry actions that have the potential to reduce risk during loading and unloading. PHMSA seeks the broadest participation of industry, federal agencies, state and local government, standards organizations, the emergency response community, employee groups, environmental and public interest organizations, and the public. PHMSA seeks individuals and organizations willing to speak at the public workshop. Interested persons are invited to submit papers on related topics.

In this final rule, PHMSA is amending the Hazardous Materials Regulations to revise and consolidate the requirements applicable to the use of the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, the International Maritime Dangerous Goods Code, Transport Canada's Transportation of Dangerous Goods Regulations, and the International Atomic Energy Agency's Safety Standards Series: Regulations for the Safe Transport of Radioactive Material. The revisions and reformatting provide a user-friendly format to promote understanding of the conditions and limitations on the use of international standards and regulations. In addition, PHMSA is authorizing the use in domestic transportation of portable tanks, cargo tank motor vehicles, and rail tank cars manufactured in accordance with Transport Canada's Transportation of Dangerous Goods Regulations. The amendments adopted in this final rule maintain the high transportation safety standard established under the Hazardous Materials Regulations.

The Federal pipeline safety laws allow a pipeline operator to request PHMSA to waive compliance with any part of the Federal pipeline safety regulations. We are publishing this notice to provide a list of requests we have received from pipeline operators seeking relief from compliance with certain Federal pipeline safety regulations. This notice seeks public comment on these requests, including comments on any environmental impacts. In addition, this notice reminds the public that we have changed what we call a decision granting such a request to a special permit. At the conclusion of the comment period, PHMSA will evaluate each request individually to determine whether to grant a special permit or deny the request.

On December 29, 2006, the Pipeline Inspection, Protection, Enforcement and Safety Act was signed into law. The law, known as the PIPES Act, includes a provision requiring the senior executive officers of pipeline operating companies to certify annual and semiannual pipeline integrity management program performance reports. This advisory provides information to assist pipeline operators with certifying future submissions of annual and semiannual pipeline integrity management program performance reports.

This notice announces the availability of PHMSA's study titled ``Burial of Submerged Pipelines'', which addresses the hazards to navigation from offshore submerged pipelines. PHMSA requests comments on the study to assist in evaluating the need for further analysis due to anticipated changes in the offshore environment.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. This notice is abbreviated to expedite docketing and public notice. Because the sections affected, modes of transportation, and the nature of application have been shown in earlier Federal Register publications, they are not repeated here. Request of modifications of special permits (e.g., to provide for additional hazardous materials, packaging design changes, additional mode of transportation, etc.) are described in footnotes to the application number. Application numbers with the suffix ``M'' denote a modification request. There applications have been separated from the new application for special permits to facilitate processing.