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

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.

PHMSA is seeking public comment on a waiver request from Key West Pipeline Company (KWPC) and Pipeline and Terminal Management Corporation (PTMC). KWPC and PTMC are requesting a waiver from the regulations governing the marking and depth of cover of burial requirements for underwater pipelines. Instead of marking and burying its pipeline as required under PHMSA regulations, KWPC and PTMC propose to post and maintain warning signs.

PHMSA proposes to relax regulatory requirements governing public awareness programs conducted by operators of master meter systems and certain operators of petroleum gas systems. These operators typically manage property and incidentally provide gas service to customers located on the property. The proposed change provides a less burdensome means for these operators to satisfy public awareness needs.

Sabine Pass Liquefied Natural Gas (SPLNG) facility requests a waiver of compliance from the regulation that requires every Liquefied Natural Gas (LNG) facility constructed after March 31, 2000 to comply with the National Fire Protection Association's standard 59A (NFPA 59A), 2001 Edition.

PHMSA proposes to make miscellaneous amendments to the Hazardous Materials Regulations based on petitions for rulemaking and PHMSA initiatives. These proposed amendments are intended to update, clarify or provide relief from certain regulatory requirements. Among other provisions, PHMSA is proposing a new proper shipping name and UN identification number for fuel mixtures composed of ethanol and gasoline to help emergency response personnel respond appropriately to incidents involving such fuel mixtures. In addition, PHMSA proposes to update certain incorporations by reference, revise and clarify certain hazard communication requirements, and clarify transportation requirements applicable to dry ice, detonator assemblies and explosives. PHMSA also proposes to provide expanded exceptions from regulation for household hazardous wastes and small amounts of materials used in pharmaceutical research.

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 section 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 applications have been separated from the new application for special permits to facilitate processing.

PHMSA is correcting a minor error in a final rule, published in the Federal Register on September 14, 2006. That final rule corrected editorial errors, made minor regulatory changes and, in response to requests for clarification, improved the clarity of certain provisions in the Hazardous Materials Regulations (HMR).

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.

We are proposing to extend pipeline safety regulations to rural onshore hazardous liquid gathering lines and low-stress lines within a defined buffer of previously defined ``unusually sensitive areas.'' These are non-populated areas requiring extra protection because of the presence of sole source drinking water resources, endangered species, or other ecological resources. This proposal will define ``regulated rural onshore gathering lines'' and ``regulated rural onshore low-stress lines'' and require operators of the lines to comply with certain safety requirements. These proposed safety requirements will address the most common threats to the integrity of these rural lines: corrosion and third-party damage. This proposal is intended to provide additional integrity protection for unusually sensitive areas that could be affected by these lines and improve public confidence in the safety of hazardous liquid rural onshore gathering and low-stress lines.

PHMSA proposes to amend the Hazardous Materials Regulations to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. These revisions are necessary to harmonize the Hazardous Materials Regulations with recent changes to the International Maritime Dangerous Goods Code, the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air, and the United Nations Recommendations on the Transport of Dangerous Goods.

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 of the actions on special permit applications in January 2005 to June 2006. The mode of transportation involved are identified 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. Application numbers prefixed by the letters EE represent applications for Emergency Special Permits. It should be noted that some of the sections cited were those in effect at the time certain special permits were issued.

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.

This notice announces Office of Management and Budget (OMB) approval and extension until May 31, 2009 for the following information collection requests (ICRs): OMB Control No. 2137-0510, ``Radioactive (RAM) Transportation Requirements''; and OMB Control No. 2137-0612, ``Hazardous Materials Security Plans.'' In addition, this notice announces OMB approval and extension until July 31, 2009 for the following ICRs: OMB Control No. 2137-0051, ``Rulemaking, Special Permits, and Preemption Requirements''; and OMB Control No. 2137-0613, ``Subsidiary Hazard Class and Number/Type of Packagings.''

On December 9, 2005, PHMSA published a final rule to revise terminology, definitions, and requirements for consistency with the Hazardous Materials Safety and Security Reauthorization Act of 2005. These amendments included revising the definitions of ``hazmat employee'' and ``hazmat employer''; modifying shipping paper retention requirements; providing a security plan exception for farmers; and replacing the term ``Exemption'' with ``Special permit.'' This final rule corrects an error in the final rule. In addition, we are clarifying the amendments applicable to shipping paper retention requirements, the definition of ``hazmat employer,'' and the transition from ``Exemption'' to ``Special permit.''

This notice announces a public meeting of PHMSA's Technical Pipeline Safety Standards Committee (TPSSC) to vote on a proposed rule requiring pipeline operators to consider internal corrosion when designing and constructing new and replaced gas transmission pipelines.

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.

Tuscarora Gas Transmission Company (Tuscarora) requests a waiver of the pipeline safety regulation on valve spacing from PHMSA. The pipeline safety regulation requires each point on a pipeline in a Class 1 location be within 10 miles of a block valve. This document grants Tuscarora's request for waiver.

PHMSA is granting Maritimes & Northeast Pipeline, L.L.C. (M&N) a waiver of compliance from certain PHMSA regulations for the United States portion of its pipeline system. This waiver increases the maximum allowable operating pressure (MAOP) for the pipeline. This waiver decision also authorizes M&N to increase the design factor for its compressor station piping, grants relief from the strength testing requirements for M&N's compressor station piping, grants relief in establishing the MAOP of pipelines operating above prescribed hoop stresses, grants relief from the capacity requirements of pressure limiting stations, and authorizes M&N to maintain the pressure rating of portions of the waiver area subject to a change in class location. Before granting the waiver, PHMSA performed a thorough technical review of M&N's application and supporting documents. PHMSA requested and received supplementary information on numerous technical aspects of M&N's design, engineering, operations, and maintenance practices. The materials are available in docket PHMSA-2006-23448 at https:// dms.dot.gov. PHMSA also sought comments from the public and received positive feedback from States along the pipeline and the Technical Pipeline Safety Standards Committee. The waiver is subject to and conditional upon supplemental safety criteria set forth in this notice. The supplemental safety criteria address the life-cycle management of the subject pipeline and require M&N to adhere to maintenance, inspection, monitoring, control, and reporting standards exceeding existing regulatory requirements.

PHMSA is granting Rockies Express Pipeline, L.L.C. (Rockies Express) a waiver of compliance from the pipeline safety regulation that prescribes the design factor to be used in the design formula for steel pipe. This waiver allows the Rockies Express pipeline to operate at hoop stresses up to 80 percent of the specified minimum yield strength (SMYS) in Class 1 locations. The waiver also grants Rockies Express relief from equipment requirements for pressure relieving and limiting stations. Before granting the waiver, PHMSA performed a thorough technical review of Rockies Express's application and supporting documents. PHMSA requested and received supplementary information pertaining to numerous technical aspects of its metallurgy, pipeline design, and engineering practices. These materials are available in the docket PHMSA-2006-23998 at https://dms.dot.gov. PHMSA also sought comments from the public and received positive feedback from the impacted States along the pipeline and the Technical Pipeline Safety Standards Committee. The waiver is subject to and conditional upon supplemental safety criteria set forth in this notice. The supplemental safety criteria address the life cycle management of the subject pipeline and require Rockies Express to adhere to maintenance, inspection, monitoring, control, and reporting standards exceeding existing regulatory requirements.

This document tells certain pipeline operators how to submit their written public awareness programs for review. Regulations issued in 2005 provide details about the content of the programs and establish completion dates. The 2002 amendment to the pipeline safety law requires pipeline operators to submit these programs for review and PHMSA has a clearinghouse approach for reviewing interstate and many intrastate operators. This document ensures operators know where and when to submit their programs.

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 descried in footnotes to the application number. Application numbers with the suffix ``M'' denote a modification request. These applications have been separated from the new applications for special permits to facilitate processing.

This final rule updates the pipeline safety regulations to incorporate by reference all or parts of new editions of voluntary consensus technical standards to enable pipeline operators to utilize current technology, materials, and practices.

PHMSA is closing this rulemaking proceeding, having considered and declined to adopt proposals for further regulating the transportation of flammable liquids in the product piping on cargo tank motor vehicles. On the basis of public comments and additional data and analysis, PHMSA has concluded that further regulation would not produce the level of benefits we originally expected and that the quantifiable benefits of proposed regulatory approaches would not justify the corresponding costs. Although PHMSA is withdrawing its rulemaking proposal, the agency will develop and implement an outreach program to educate the industry, first responder community, and the public about potential risks associated with unprotected product pipelines on these vehicles and will continue to collect data and other information in order to address the issue further if warranted.

PHMSA is revising the transportation requirements for infectious substances, including regulated medical waste, to adopt new classification criteria, new exceptions, and packaging and hazard communication requirements consistent with revised international standards and to clarify existing requirements to promote compliance. These revisions will ensure an acceptable level of safety for the transportation of infectious substances and facilitate domestic and international transportation.

Dominion Transmission, Inc. (DTI) requested a waiver of compliance from requirements for pipelines constructed after March 31, 2000. This waiver will allow DTI to use the most recent, 2006 National Fire Protection Association's (NFPA) 59A, ``Standard for Production, Storage, and Handling of Liquefied Natural Gas'' and comply with PHMSA's liquefied natural gas (LNG) facility safety regulations.