Pipeline and Hazardous Materials Safety Administration 2005 – Federal Register Recent Federal Regulation Documents

In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Requests (ICR) abstracted below have been forwarded to the Office of Management and Budget (OMB) for review and comments. The ICRs describe the nature of the information collections and their expected burden. A Federal Register Notice with a 60-day comment period soliciting comments on the following collections of information was published on September 21, 2005 [70 FR 55450]. No comments were received.

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

This document proposes regulations on the control of internal corrosion when designing and constructing new and replaced gas transmission pipelines. The proposed rule would require an operator to take steps in design and construction to reduce the risk that liquids collecting within the pipeline could result in failures because of internal corrosion. These changes would ease steps an operator must take in operating and maintaining the pipeline to minimize internal corrosion.

This final rule revises terminology, definitions, and requirements for consistency with the Hazardous Materials Safety and Security Reauthorization Act of 2005. These amendments include revising the definitions of ``hazmat employee'' and ``hazmat employer;'' revision of shipping paper retention requirements; providing a security plan exception for farmers; adding conditional applicability of postal laws and regulations; and replacement of ``Exemption'' with ``Special permit.''

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 applications.

In accordance with the procedures governing the application for, and the processing of, exemptions 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 exemptions (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 exemption to facilitate processing.

PHMSA is considering requirements to address the current safety and security risks associated with the storage of explosives during transportation. In this notice, we are soliciting comments concerning measures to reduce the risks posed by the storage of explosives while they are in transportation and whether regulatory action is warranted. We also invite comments as to whether enhanced requirements for storage incidental to movement should apply to other hazardous materials (e.g., materials toxic by inhalation).

This notice announces a public meeting on operator qualification programs. PHMSA is preparing a Report to Congress on the status and results of programs to ensure the qualifications of individuals performing safety tasks on pipelines. The American Society of Mechanical Engineers (ASME) has almost completed developing a consensus standard qualifying individuals performing safety tasks on pipelines. The meeting provides an opportunity to discuss progress on operator qualification programs to help PHMSA prepare the Report to Congress and the potential the ASME standard offers for strengthening operator qualification programs.

On September 10, 2003, the Research and Special Programs Administrationthe predecessor agency to the Pipeline and Hazardous Materials Safety Administration published a notice of proposed rulemaking (NPRM) to propose an inspection and testing program for early detection of sustained load cracking in certain cylinders manufactured with aluminum alloy 6351-T6. Based on comments received in response to that NPRM, we are proposing to adopt a maximum service life for cylinders manufactured with aluminum alloy 6351-T6 and to prohibit the use of these cylinders after the expiration of their maximum service life.

Under current regulations governing integrity management of gas transmission lines, if an operator uses direct assessment to evaluate corrosion risks, it must carry out the direct assessment according to PHMSA standards. In response to a statutory directive, this Final Rule prescribes similar standards operators must meet when they use direct assessment on certain other onshore gas, hazardous liquid, and carbon dioxide pipelines. PHMSA believes broader application of direct assessment standards will enhance public confidence in the use of direct assessment to assure pipeline safety.

This notice requests public participation in the Office of Management and Budget (OMB) approval process for the renewal of an existing PHMSA information collection. In compliance with the Paperwork Reduction Act of 1995, this notice announces that the Information Collection Request (ICR) described below has been forwarded to OMB for extension of the currently approved collection. The ICR describes the nature of the information collection and the expected burden. PHMSA published a Federal Register Notice soliciting comments on the following information collection and received none. The purpose of this notice is to allow the public an additional 30 days from the date of this notice to submit comments.

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

On September 25, 1991, DOT published a notice of proposed rulemaking to revise the definition of ``gathering line'' in its gas pipeline safety standards. Because the proposal proved controversial, final action was postponed pending collection of additional information. In this Supplemental Notice of Proposed Rulemaking (SNPRM), PHMSA is proposing use of a consensus standard to distinguish onshore gathering lines. PHMSA's gas pipeline safety standards do not provide an adequate basis for distinguishing these pipelines from production facilities and transmission lines. In addition, PHMSA is proposing to establish safety standards for certain higher-risk onshore gathering lines, and to relax current standards on certain low-risk onshore gathering lines. (Onshore gathering lines in inlets of the Gulf of Mexico are not affected by this rulemaking.) Operators would use a new risk-based approach to determine which of its gathering lines are ``regulated onshore gathering lines'' and what safety standards the lines must meet. At present, PHMSA's safety standards do not apply to onshore gathering lines in rural locations, while onshore gathering lines in non-rural locations must meet the same requirements as transmission lines. This regulatory approach is insufficient to assure that conditions on gathering lines that pose a greater risk to the public and property are addressed. And it does not take into account the lower risk some other gathering lines pose. The intended effects of the proposed rules are improved identification of gathering lines, improved public confidence in the safety of gathering lines, and safety requirements better tailored to gathering line risks.

BOC Gases (BOC) petitioned PHMSA for a waiver from the pipeline safety standards at 49 CFR 195.306(c)(5) to allow the use of inert gas or carbon dioxide as the test medium for pressure testing its existing carbon dioxide pipeline.

This final rule corrects editorial errors, makes minor regulatory changes and, in response to requests for clarification, improves the clarity of certain provisions in the Hazardous Materials Regulations (HMR). In addition, this final rule revises references to the former Research and Special Programs Administration to reflect the creation of Pipeline and Hazardous Materials Safety Administration. The intended effect of this rule is to enhance the accuracy, and reduce misunderstandings of the regulations. The amendments contained in this rule are minor changes and do not impose new requirements.

This is to notify the public that PHMSA is investigating the unauthorized marking of high- and low-pressure compressed gas cylinders, including fire extinguishers, oxygen cylinders, and self- contained breathing apparatus, by All-Out Fire Equipment Co., Inc. The company is located at 385 High Street, Holbrook, NY. On June 15, 2004, two inspectors from the Office of Hazardous Materials Enforcement (OHMEEastern Region) conducted a compliance inspection of All-Out Fire Equipment Co., Inc. During the inspection, PHMSA obtained evidence that All-Out Fire Equipment Co., Inc. had marked, certified, and returned to service an undetermined number of cylinders as being properly tested in accordance with the Hazardous Materials Regulations (HMR), without conducting the required hydrostatic testing of those cylinders. All-Out Fire Equipment Co., Inc.'s retest records revealed that, from November 2003 through June 2004, All-Out Fire Equipment Co., Inc. had returned to service hundreds of cylinders without hydrostatically testing them. In addition, PHMSA found no records of hydrostatic testing for cylinders All-Out Fire Equipment Co., Inc. had requalified prior to November 2003. This and other evidence obtained by PHMSA indicates that All-Out Fire Equipment Co., Inc. also failed to perform required hydrostatic testing on cylinders it requalified prior to November 2003. Hydrostatic retesting and visual inspection, conducted as prescribed in the HMR, are used to verify the structural integrity of a cylinder. If the hydrostatic retesting and visual inspection are not performed in accordance with the HMR, a cylinder with compromised structural integrity may be returned to service when it should have been condemned in the first place. Extensive property damage, serious personal injury, or death could result from rupture of a cylinder. Cylinders that have not been retested in accordance with the HMR may not be charged or filled with compressed gas or other hazardous material.

In accordance with the procedures governing the application for, and the processing of, exemptions 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 exemption 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 accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of exemption 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.

PHMSA is issuing this advisory bulletin to owners and operators of gas and hazardous liquid pipelines to communicate the potential for damage to pipeline facilities caused by the passage of Hurricane Katrina on August 29, 2005.

In accordance with the procedures governing the application for, and the processing of, exemptions 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 exemption 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.

This is to notify the public that PHMSA and the Office of the Inspector General (OIG) are investigating the manufacture, marking, and sale of high pressure DOT exemption cylinders made and/or distributed by Global Composites International, Inc. (GCI), Ontario, CA. PHMSA and the OIG have evidence that suggests GCI manufactured, marked, certified, and sold an undetermined number of high-pressure DOT exemption carbon fiber filament cylinders when the cylinders had not been manufactured in accordance with the Hazardous Materials Regulations (HMR), DOT-E 12695, and the design qualification standards incorporated into the exemption. The evidence suggests that some of these cylinders were not wrapped with a sufficient number of carbon fiber layers to insure their structural integrity. In addition, the evidence suggests that many of these cylinders did not undergo the complete series of safety tests and inspections required by the HMR and may not possess the structural integrity to safely contain its contents under pressure during normal transportation and use. Extensive property damage, serious personal injury, or death could result from rupture of a cylinder.

This notice requests public participation in the Office of Management and Budget (OMB) approval process regarding the renewal of an existing PHMSA/Office of Pipeline Safety (OPS) collection of information for pipeline safety reports of abandoned underwater pipelines. PHMSA is requesting OMB approval for renewal of this information collection under the Paperwork Reduction Act of 1995 and 5 CFR part 1320. The public is invited to submit comments over the next 60 days on ways to minimize the burden associated with collection of information related to the pipeline safety reports of abandoned underwater pipelines.

In accordance with the requirements of 49 U.S.C. 5117(C), PHMSA is publishing the following list of exemption 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.

PHMSA is correcting a petition for waiver published in the Federal Register on July 14, 2005 (70 FR 40780). That petition, from BOC Gases (BOC), requested a waiver from the pipeline safety standards at 49 CFR 195.306(c)(5) to allow the use of inert gas or carbon dioxide as the test medium for pressure testing an existing carbon dioxide pipeline. This notice corrects the supplementary information of that publication, which referred to a gas pipeline safety regulation when it should have referred to a hazardous liquid pipeline safety regulation.