192 Changes
DEPARTMENT OF Materials Safety Administration, Of- In 49 CFR parts 190, 191, 192,
TRANSPORTATION fice of the Chief Counsel, 400 7th 193, 194, 195, 198, and 199, the term
Street, SW., Washington, DC 20590. “Research and Special Programs Ad-
Pipeline and Hazardous Materials Tel: (202) 366-4400. Fax: (202) 366- ministration” is changed to “Pipeline
Safety Administration 7041. E-mail: law- and Hazardous Materials Safety Ad-
rence.white@dot.gov. ministration” everywhere it appears,
49 CFR Parts 190, 191, 192, 193, and the abbreviation “RSPA” is
194, 195, 198, and 199 SUPPLEMENTARY changed to “PHMSA” everywhere it
INFORMATION: appears (see Mineta Act, §2; 49
RIN 2137-AD77 U.S.C. 108).
Background and Summary In §190.203, the procedure used
Agency Reorganization: Nomencla- by OPS to request that pipeline opera-
ture Change and Technical In accordance with the Norman tors afford their assistance with pipe-
Amendments Y. Mineta Research and Special Pro- line incident investigations is speci-
grams Improvement Act (Pub. L. 108- fied in paragraph (e) (see PSI Act
AGENCY: Pipeline and Hazardous 426, 118 Stat. 2423; Nov. 30, 2004) §10(a); 49 U.S.C. 60118(e)).
Materials Safety Administration (the “Mineta Act”), which reorganized In §§ 190.213 and 190.215, the
(PHMSA); Department of Transporta- the Department's pipeline and hazard- time period within which the Adminis-
tion (DOT). ous materials safety programs into the trator issues final orders and takes ac-
new PHMSA, this document revises tion on petitions for reconsideration is
ACTION: Final rule. all references to the former RSPA in updated to reflect the Administrator's
49 CFR parts 190-199 to reflect the policy of issuing such orders and deci-
creation of PHMSA. This document sions expeditiously and providing no-
SUMMARY: In accordance with the also makes conforming changes re- tice if substantial delays are expected.
Norman Y. Mineta Research and Spe- flecting the enactment of the Pipeline In §190.223, paragraph (a) is
cial Programs Improvement Act, Safety Improvement Act of 2002 amended to reflect the statutory in-
which reorganized the Department's (Pub. L. 107-355, 116 Stat. 2985; crease in the maximum civil penalty
pipeline and hazardous materials safe- Dec. 17, 2002) (the “PSI Act”) includ- amount of $25,000 per violation per
ty programs into the new Pipeline and ing changes to the Office of Pipeline day, with a $500,000 cap for any re-
Hazardous Materials Safety Adminis- Safety's (OPS') Internet and mailing lated series of violations, to $100,000
tration (PHMSA), this document re- addresses, docket procedures, titles, per violation per day with a
vises all references to the former Re- section numbers, penalty considera- $1,000,000 cap (see PSI Act §8(b); 49
search and Special Programs Admin- tions and cap adjustments, terminolo- U.S.C. 60122(a)(1)).
istration (RSPA) in 49 CFR parts 190 gy, and other editorial changes to en- In §190.223, the civil penalty of
through 199 to reflect the creation of hance the clarity and consistency of up to $1,000 for violation of the whis-
PHMSA. This document also updates the part 190 enforcement procedures tleblower protection provisions is spe-
the Office of Pipeline Safety's internet used by the agency. The amendments cified in paragraph (d) (see PSI Act
and mailing addresses, docket proce- made by this rule reflect the changed §6(b); 49 U.S.C. 60122(a)).
dures, titles, section numbers, penalty organizational posture of the agency In §190.225, the penalty assess-
considerations and cap adjustments, and update the part 190 enforcement ment considerations are amended by
terminology, and other changes con- procedures to reflect current public specifying environmental impact as a
forming part 190 with the Pipeline law. This rule does not impose any factor that must be considered, and
Safety Improvement Act of 2002. The new operating requirements on pipe- any economic benefit from the viola-
amendments made by this rule reflect line owners and operators. tion as a factor that may be considered
the changed organizational posture of The following is a summary of (see PSI Act §8(b); 49 U.S.C.
the agency and update the part 190 en- the nomenclature changes, updates to 60122(b)).
forcement procedures to reflect cur- the enforcement procedures in part In §190.229, paragraph (c) is
rent public law. This rule does not 190, and other technical amendments amended by specifying intentional
impose any new operating require- made to the affected sections of 49 damage to intrastate pipeline facilities
ments on pipeline owners and opera- CFR under this final rule. It does not as an act subject to criminal penalties
tors. include all editorial and typographical (see PSI Act §8(c); 49 U.S.C.
corrections and other minor amend- 60123(b)).
DATES: This final rule is effective ments that were made to enhance the In §190.229, knowingly and will-
March 8, 2005. clarity and consistency of the en- fully engaging in excavation activity
FOR FURTHER INFORMATION forcement procedures used by the that results in property damage, se-
CONTACT: Lawrence White, Attor- agency. rious injury, or death, without first us-
ney-Advisor, Pipeline and Hazardous
Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005
Pages 11135 - 11140
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192 Changes
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ing an available One-Call notification cause under 5 U.S.C. 553(d) to make ments”). Because this rule does not
system is specified as an act subject to this rule effective on March 8, 2005. significantly or uniquely affect the
criminal penalties in paragraph (e) communities of the Indian tribal gov-
(see PSI Act §3(c); 49 U.S.C. Rulemaking Analyses and Notices ernments, the funding and consulta-
60123(d)). tion requirements of Executive Order
In §190.233, the term “hazardous A. Executive Order 12866 and DOT 13175 do not apply.
facility order” is changed to “correc- Regulatory Policies and Procedures
tive action order” everywhere it ap- D. Executive Order 13211
pears and the title of the section is This final rule is not considered a
amended (see PSI Act §8(a); 49 significant regulatory action under This final rule is not a significant
U.S.C. 60112(d)). Section 3(f) of Executive Order 12866 energy action under Executive Order
In §190.233, wherever the phrase and, therefore, was not subject to re- 13211. It is not a significant regulato-
“* * * hazardous to life or property” view by the Office of Management ry action under Executive Order
appears, the phrase “or the environ- and Budget. This rule is not signifi- 12866 and is not likely to have a sig-
ment” is added after the word proper- cant under DOT Regulatory Policies nificant adverse effect on the supply,
ty (see PSI Act §8(a); 49 U.S.C. and Procedures (44 FR 11034; Feb. distribution, or use of energy. Further,
60112(a)). 26, 1979). Because this rule only this rule has not been designated by
In §190.235, civil penalties are changes nomenclature to reflect the the Administrator of the Office of In-
specified as an available U.S. District organizational posture of the agency formation and Regulatory Affairs as a
Court remedy, and the title of the sec- and updates the part 190 enforcement significant energy action.
tion is amended. Operators should procedures to reflect current public
note that OPS believes that the caps law, it has no economic impact on re- E. Regulatory Flexibility Act
that apply to civil penalties that are gulated entities and preparation of a
assessed in administrative proceedings regulatory impact analysis was not Because this final rule only
would not apply to civil penalties as- warranted. changes nomenclature to reflect the
sessed in U.S. District Court actions organizational posture of the agency,
(see PSI Act §8(b); 49 U.S.C. B. Executive Order 13132 amends agency internal practice and
60120(a)). procedure, and will have no direct or
This final rule has been analyzed indirect economic impacts for gov-
Public Notice and Effective Date in accordance with the principles and ernment units, businesses, or other or-
criteria contained in Executive Order ganizations, I certify that this final
This final rule reflects the 13132 (“Federalism”). This rule does rule will not have a significant eco-
changed organizational posture of the not introduce any regulation that: (1) nomic impact on a substantial number
Department due to the establishment Has substantial direct effects on the of small entities.
of PHMSA, changes nomenclature, states, the relationship between the na-
and updates the part 190 enforcement tional government and the states, or F. Paperwork Reduction Act
procedures to reflect current public the distribution of power and respon-
law. As such, this final rule is minis- sibilities among the various levels of This final rule contains no new
terial in nature and relates only to government; (2) imposes substantial information collection requirements or
agency organization, procedure and direct compliance costs on state and additional paperwork burdens. There-
practice. This final rule does not im- local governments; or (3) preempts fore, submitting an analysis of the
pose substantive requirements on the state law. Therefore, the consultation burdens to OMB pursuant to the Pa-
public and the agency does not expect and funding requirements of Execu- perwork Reduction Act was unneces-
to receive substantive comments on tive Order 13132 do not apply. Fur- sary.
the rule. Accordingly, notice and ther, this rule does not have sufficient G. Unfunded Mandates Reform Act
comment on this rule is unnecessary impacts on federalism to warrant the
under 5 U.S.C. 553(b). preparation of a federalism assess- This final rule does not impose
With respect to the effective date, ment. unfunded mandates under the Un-
because this rule relates only to agen- funded Mandates Reform Act of
cy organization, procedure and prac- C. Executive Order 13175 1995. It does not result in costs of
tice, does not impose substantive re- $100 million or more, as adjusted for
quirements on the public, and its ex- This final rule has been analyzed inflation, to either state, local or tribal
peditious issuance facilitates the De- in accordance with the principles and governments, in the aggregate, or to
partment's ability to meet the statutory criteria contained in Executive Order the private sector, and is the least bur-
implementation requirements of the 13175 (“Consultation and Coordina- densome alternative that achieves the
Mineta Act, we find that there is good tion with Indian Tribal Govern- objective of the rule.
Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005
Pages 11135 - 11140
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192 Changes
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Materials Safety Administration
H. Environmental Assessment amends 49 CFR parts 190, 191, 192, §190.203 Inspections and investiga-
193, 194, 195, 198, and 199 as fol- tions.
Because this final rule involves lows:
agency practices and procedures and * * * * *
does not impose any new require- PART 190—PIPELINE SAFETY (e) If a representative of the DOT
ments on pipeline operators, there are PROGRAMS AND investigates an incident involving a
no significant environmental impacts RULEMAKING PROCEDURES pipeline facility, OPS may request that
associated with this rule. the operator make available to the rep-
■ 1. The authority citation for part resentative all records and information
List of Subjects 190 is amended to read as follows: that pertain to the incident in any way,
including integrity management plans
49 CFR Part 19■ Authority: 33 U.S.C. 1321; 49 and test results, and that the operator
Administrative practice and pro- U.S.C. 5101-5127, 60101 et seq.; 49 afford all reasonable assistance in the
cedure, Penalties. CFR 1.53. investigation.
(f) When the information ob-
49 CFR Part 191 tained from an inspection or from oth-
■ 2. In 49 CFR part 190, remove the er appropriate sources indicates that
Reporting and recordkeeping re- words “Research and Special Pro- further OPS action is warranted, the
quirements. grams Administration” and add, in OPS may issue a warning letter under
their place, the words “Pipeline and §190.205 or initiate one or more of
49 CFR Part 192 Hazardous Materials Safety Adminis- the enforcement proceedings pre-
tration” in the following places: scribed in §§ 190.207 through
Pipeline safety, Reporting and re- ■ a. Section 190.1(a); 190.235.
cordkeeping requirements. ■ b. Section 190.3 in three places;
■ c. Section 190.9(b)((1)(ii) and ■ 5. Amend §190.213 by revising pa-
49 CFR Part 193 (b)(2); ragraph (e) to read as follows:
■ d. Section 190.211(c);
Pipeline safety, Reporting and re- ■ e. Section 190.231 in two places;
cordkeeping requirements. ■ f. Section 190.233(c)(3); §190.213 Final order.
■ g. Section 190.301;
49 CFR Part 194 ■ h. Section 190.303; * * * * *
■ i. Section 190.305(a); (e) It is the policy of the Asso-
Oil Pollution, Pipeline safety, ■ j. Section 190.307; and ciate Administrator, OPS to issue a fi-
Reporting and recordkeeping re- ■ k. Section 190.309. nal order under this section expedi-
quirements. tiously. In cases where a substantial
■ 3. In 49 CFR part 190, remove the delay is expected, notice of that fact
49 CFR Part 195 abbreviation “RSPA” and add, in its and the date by which it is expected
place, the abbreviation “PHMSA” in that action will be taken is provided to
Pipeline safety, Reporting and re- the following places: the respondent upon request and
cordkeeping requirements. ■ a. Section 190.3; whenever practicable.
■ b. Section 190.7(a) in three places,
49 CFR Part 198 (h), (i) in two places, and (j) in two ■ 6. Amend §190.215 by revising pa-
Grant programs-transportation, places; ragraph (f) to read as follows:
Pipeline safety, Reporting and record- ■ c. Section 190.11(a)(1) in two plac-
keeping requirements. es, (a)(2), (b), and (b)(2);
■ d. Section 190.203(a), (b)(6), and §190.215 Petitions for reconsidera-
49 CFR Part 199 (d) in two places; and tion.
■ e. Section 190.235.
Drug testing, Pipeline safety, Re- * * * * *
porting and recordkeeping require- ■ 4. Amend §190.203 by revising the (f) It is the policy of the Associate
ments. section heading, redesignating para- Administrator, OPS to issue notice of
graph (e) as paragraph (f), and adding the action taken on a petition for re-
a new paragraph (e) to read as fol- consideration expeditiously. In cases
■ For the reasons discussed in the lows: where a substantial delay is expected,
preamble, the Pipeline and Hazardous notice of that fact and the date by
Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005
Pages 11135 - 11140
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192 Changes
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which it is expected that action will be (3) The respondent's history of state transmission facility, any inter-
taken is provided to the respondent prior offenses; state pipeline facility, or any intrastate
upon request and whenever practica- (4) The respondent's ability to pipeline facility used in interstate or
ble. pay; foreign commerce or in any activity
(5) Any good faith by the respon- affecting interstate or foreign com-
■ 7. Amend §190.223 by redesignat- dent in attempting to achieve com- merce (as those terms are defined in
ing paragraph (d) as paragraph (e), pliance; 49 U.S.C. 60101 et seq.) shall, upon
adding a new paragraph (d), and revis- (6) The effect on the respondent's conviction, be subject for each offense
ing paragraph (a) to read as follows: ability to continue in business; and to a fine of not more than $25,000,
(b) The Associate Administrator, imprisonment for a term not to exceed
OPS may consider: 15 years, or both.
§190.223 Maximum penalties. (1) The economic benefit gained * * * * *
from violation, if readily ascertaina- (e) Any person who willfully and
(a) Any person who is determined ble, without any reduction because of knowingly engages in excavation ac-
to have violated a provision of 49 subsequent damages; and tivity without first using an available
U.S.C. 60101 et seq., or any regula- (2) Such other matters as justice one-call notification system to estab-
tion or order issued thereunder, is sub- may require. lish the location of underground facili-
ject to a civil penalty not to exceed ties in the excavation area; or without
$100,000 for each violation for each ■ 9. Amend §190.227 by revising pa- considering location information or
day the violation continues except that ragraph (a) to read as follows: markings established by a pipeline fa-
the maximum civil penalty may not cility operator; and
exceed $1,000,000 for any related se- (1) Subsequently damages a pipe-
ries of violations. §190.227 Payment of penalty. line facility resulting in death, serious
* * * * * bodily harm, or property damage ex-
(d) Any person who is determined (a) Except for payments exceed- ceeding $50,000;
to have violated any standard or order ing $10,000, payment of a civil penal- (2) Subsequently damages a pipe-
under 49 U.S.C. 60129 shall be sub- ty proposed or assessed under this line facility and knows or has reason
ject to a civil penalty not to exceed subpart may be made by certified to know of the damage but fails to
$1,000, which shall be in addition to check or money order (containing the promptly report the damage to the op-
any other penalties to which such per- CPF Number for the case), payable to erator and to the appropriate authori-
son may be subject under paragraph “U.S. Department of Transportation,” ties; or
(a) of this section. to the Federal Aviation Administra- (3) Subsequently damages a ha-
(e) No person shall be subject to tion, Mike Monroney Aeronautical zardous liquid pipeline facility that re-
a civil penalty under this section for Center, Financial Operations Division sults in the release of more than 50
the violation of any requirement of (AMZ-120), P.O. Box 25770, Okla- barrels of product; shall, upon convic-
this subchapter and an order issued homa City, OK 73125, or by wire tion, be subject for each offense to a
under §190.217, §190.219, or transfer through the Federal Reserve fine of not more than $5,000, impri-
§190.233 if both violations are based Communications System (Fedwire) to sonment for a term not to exceed 5
on the same act. the account of the U.S. Treasury. years, or both.
Payments exceeding $10,000 must be (f) No person shall be subject to
■ 8. Revise §190.225 to read as fol- made by wire transfer. criminal penalties under paragraph (a)
lows: * * * * * of this section for violation of any
regulation and the violation of any or-
■ 10. Amend §190.229 by redesignat- der issued under §190.217, §190.219
§190.225 Assessment considera- ing paragraph (e) as paragraph (f), or §190.229 if both violations are
tions. adding a new paragraph (e), and revis- based on the same act.
ing paragraph (c) to read as follows:
In determining the amount of a ■ 11. Revise §190.233 to read as fol-
civil penalty under this part, lows:
(a) The Associate Administrator, §190.229 Criminal penalties gener-
OPS shall consider: ally.
(1) The nature, circumstances and §190.233 Corrective action orders.
gravity of the violation, including ad- * * * * *
verse impact on the environment; (c) Any person who willfully and (a) Except as provided by para-
(2) The degree of the respondent's knowingly injures or destroys, or at- graph (b) of this section, if the Asso-
culpability; tempts to injure or destroy, any inter- ciate Administrator, OPS finds, after
Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005
Pages 11135 - 11140
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192 Changes
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reasonable notice and opportunity for that election in writing within 10 days hazardous under paragraph (a) of this
hearing in accord with paragraph (c) of service of the notice provided un- section:
of this section and §190.211(a), a par- der paragraph (c)(1) of this section, or (1) If under the facts and circums-
ticular pipeline facility to be hazard- under paragraph (b) of this section tances the Associate Administrator,
ous to life, property, or the environ- when applicable. The absence of such OPS determines the particular facility
ment, the Associate Administrator, written notification waives an owner is hazardous to life, property, or the
OPS shall issue an order pursuant to or operator's opportunity for a hearing environment; or
this section requiring the owner or op- and allows the Associate Administra- (2) If the pipeline facility or a
erator of the facility to take corrective tor, OPS to issue a corrective action component thereof has been con-
action. Corrective action may include order in accordance with paragraphs structed or operated with any equip-
suspended or restricted use of the fa- (d) through (h) of this section. ment, material, or technique which the
cility, physical inspection, testing, re- (3) A hearing under this section Associate Administrator, OPS deter-
pair, replacement, or other appropriate shall be presided over by an attorney mines is hazardous to life, property, or
action. from the Office of Chief Counsel, the environment, unless the operator
(b) The Associate Administrator, Pipeline and Hazardous Materials involved demonstrates to the satisfac-
OPS may waive the requirement for Safety Administration, acting as Pre- tion of the Associate Administrator,
notice and opportunity for hearing un- siding Official, and conducted without OPS that, under the particular facts
der paragraph (a) of this section be- strict adherence to formal rules of and circumstances involved, such
fore issuing an order pursuant to this evidence. The Presiding Official equipment, material, or technique is
section when the Associate Adminis- presents the allegations contained in not hazardous.
trator, OPS determines that the failure the notice issued under this section. (e) In making a determination un-
to do so would result in the likelihood The owner or operator of the alleged der paragraph (d) of this section, the
of serious harm to life, property, or hazardous facility may submit any re- Associate Administrator, OPS shall
the environment. However, the Asso- levant information or materials, call consider, if relevant:
ciate Administrator, OPS shall pro- witnesses, and present arguments on (1) The characteristics of the pipe
vide an opportunity for a hearing as the issue of whether or not a correc- and other equipment used in the pipe-
soon as is practicable after the is- tive action order should be issued. line facility involved, including its
suance of a compliance order. The (4) Within 48 hours after conclu- age, manufacturer, physical properties
provisions of paragraph (c)(2) of this sion of a hearing under this section, (including its resistance to corrosion
section apply to an owner or opera- the Presiding Official shall submit a and deterioration), and the method of
tor's decision to exercise its opportu- recommendation to the Associate its manufacture, construction or as-
nity for a hearing. The purpose of Administrator, OPS as to whether or sembly;
such a post-order hearing is for the not a corrective action order is re- (2) The nature of the materials
Associate Administrator, OPS to de- quired. Upon receipt of the recom- transported by such facility (including
termine whether a compliance order mendation, the Associate Administra- their corrosive and deteriorative quali-
should remain in effect or be res- tor, OPS shall proceed in accordance ties), the sequence in which such ma-
cinded or suspended in accord with with paragraphs (d) through (h) of this terials are transported, and the pres-
paragraph (g) of this section. section. If the Associate Administra- sure required for such transportation;
(c) Notice and hearing: tor, OPS finds the facility is or would (3) The characteristics of the
(1) Written notice that OPS in- be hazardous to life, property, or the geographical areas in which the pipe-
tends to issue an order under this sec- environment, the Associate Adminis- line facility is located, in particular the
tion shall be served upon the owner or trator, OPS shall issue a corrective ac- climatic and geologic conditions (in-
operator of an alleged hazardous facil- tion order in accordance with this sec- cluding soil characteristics) associated
ity in accordance with §190.5. The tion. If the Associate Administrator, with such areas, and the population
notice shall allege the existence of a OPS does not find the facility is or density and population and growth
hazardous facility and state the facts would be hazardous to life, property, patterns of such areas;
and circumstances supporting the is- or the environment, the Associate (4) Any recommendation of the
suance of a corrective action order. Administrator shall withdraw the alle- National Transportation Safety Board
The notice shall also provide the own- gation of the existence of a hazardous issued in connection with any investi-
er or operator with the opportunity for facility contained in the notice, and gation conducted by the Board; and
a hearing and shall identify a time and promptly notify the owner or operator (5) Such other factors as the As-
location where a hearing may be held. in writing by service as prescribed in sociate Administrator, OPS may con-
(2) An owner or operator that §190.5. sider appropriate.
elects to exercise its opportunity for a (d) The Associate Administrator, (f) A corrective action order shall
hearing under this section must notify OPS may find a pipeline facility to be contain the following information:
the Associate Administrator, OPS of
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(1) A finding that the pipeline fa- whom the authority has been dele-
cility is hazardous to life, property, or gated, may request the Attorney Gen- Authority: 49 U.S.C. 5121,
the environment. eral to bring an action in the appropri- 60102, 60103, 60104, 60108, 60117,
(2) The relevant facts which form ate U.S. District Court for such relief 60118, and 60124; and 49 CFR 1.53.
the basis of that finding. as is necessary or appropriate, includ-
(3) The legal basis for the order. ing mandatory or prohibitive injunc- ■ 2. In 49 CFR part 191, remove the
(4) The nature and description of tive relief, interim equitable relief, words “Research and Special Pro-
any particular corrective action re- civil penalties, and punitive damages grams Administration” and add, in
quired of the respondent. as provided under 49 U.S.C. 60120 their place, the words “Pipeline and
(5) The date by which the re- and 49 U.S.C. 5123. Hazardous Materials Safety Adminis-
quired corrective action must be taken tration” in the following places:
or completed and, where appropriate, ■ 13. Amend §190.305 by revising ■ a. Section 191.3;
the duration of the order. paragraph (b) to read as follows: ■ b. Section 191.7; and
(6) If the opportunity for a hear- ■ c. Section 191.27(b).
ing was waived pursuant to paragraph
(b) of this section, a statement that an §190.305 Regulatory dockets. ■ 3. In 49 CFR part 191, remove the
opportunity for a hearing will be abbreviation “RSPA” and add, in its
available at a particular time and loca- * * * * * place, the abbreviation “PHMSA” in
tion after issuance of the order. (b) Any person may examine pub- the following places:
(g) The Associate Administrator, lic docket material, once a docket is ■ a. Section 191.1(b)(2) in two places;
OPS shall rescind or suspend a correc- established, at the offices of the and
tive action order whenever the Asso- Dockets Management System, U.S. ■ b. Section 191.3.
ciate Administrator, OPS determines Department of Transportation, 400
that the facility is no longer hazardous 7th Street, SW., Room PL-401, Wash- PART 192—TRANSPORTATION
to life, property, or the environment. ington, DC 20590, and may obtain a OF NATURAL AND OTHER GAS
When appropriate, however, such a copy of it upon payment of a fee, at BY PIPELINE: MINIMUM
rescission or suspension may be ac- any time between the hours of 9 a.m. FEDERAL SAFETY STANDARDS
companied by a notice of probable vi- and 5 p.m., Monday through Friday,
olation issued under §190.207. excluding Federal holidays, with the ■ 1. The authority citation for part
(h) At any time after a corrective exception of material which the Ad- 192 continues to read as follows:
action order issued under this section ministrator, PHMSA determines
has become effective, the Associate should be withheld from public dis- Authority: 49 U.S.C. 5103,
Administrator, OPS may request the closure under applicable provisions of 60102, 60104, 60108, 60109, 60110,
Attorney General to bring an action any statute administered by the Ad- 60113, and 60118; and 49 CFR 1.53.
for appropriate relief in accordance ministrator and section 552(b) of title
with §190.235. 5, United States Code. Public com-
(i) Upon petition by the Attorney ments may also be submitted and re- ■ 2. In 49 CFR part 192, remove the
General, the District Courts of the viewed by accessing the Dockets words “Research and Special Pro-
United States shall have jurisdiction to Management System's Web site at grams Administration” and add, in
enforce orders issued under this sec- http://dms.dot.gov. Inquiries and their place, the words “Pipeline and
tion by appropriate means. comment submissions must identify Hazardous Materials Safety Adminis-
the Docket tration” in the following places:
■ 12. Revise §190.235 to read as fol- ■ a. Section 192.3;
lows: Number. The Dockets Management ■ b. Section 192.7(b);
System is located on the Plaza Level ■ c. Section 192.727(g)(1) and (2);
of the Nassif Building at the above ■ d. Section 192.949; and
§190.235 Civil actions generally. address. ■ e. Section 192.951.
Whenever it appears to the Asso- PART 191—TRANSPORTATION ■ 3. In 49 CFR part 192, remove the
ciate Administrator, OPS that a person OF NATURAL AND OTHER GAS abbreviation “RSPA” and add, in its
has engaged, is engaged, or is about to BY PIPELINE: ANNUAL place, the abbreviation “PHMSA” in
engage in any act or practice constitut- REPORTS, INCIDENT REPORTS, the following places:
ing a violation of any provision of 49 AND SAFETY-RELATED ■ a. Section 192.1(b)(2) in two places;
U.S.C. 60101 et seq., or any regula- CONDITION REPORTS and
tions issued thereunder, the Adminis- ■ b. Section 192.10.
trator, PHMSA, or the person to ■ 1. The authority citation for part
191 continues to read as follows:
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192 Changes
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■ 4. In §192.727(g)(1) and (2), re- ■ c. Section 194.121(b), (c) in two Hazardous Materials Safety Adminis-
move the e-mail address “rog- places, and (d) in four places. tration” in §198.3.
er.little@RSPA.dot.gov“ and add, in ■ 3. In 49 CFR part 198, remove the
its place, the e-mail address “rog- PART 195—TRANSPORTATION abbreviation “RSPA” and add, in its
er.little@dot.gov“. OF HAZARDOUS LIQUIDS BY place, the abbreviation “PHMSA” in
PIPELINE §198.13(e).
PART 193—LIQUEFIED
NATURAL GAS FACILITIES: ■ 1. The authority citation for part PART 199—DRUG AND
FEDERAL SAFETY STANDARDS 195 continues to read as follows: ALCOHOL TESTING
■ 1. The authority citation for part Authority: 49 U.S.C. 5103, ■ 1. The authority citation for part
193 continues to read as follows: 60102, 60104, 60108, 60109, 60118; 199 continues to read as follows:
and 49 CFR 1.53.
Authority: 49 U.S.C. 5103, Authority: 49 U.S.C. 5103,
60102, 60103, 60104, 60108, 60109, 60102, 60104, 60108, 60117, and
60110, 60113, 60118; and 49 CFR ■ 2. In 49 CFR part 195, remove the 60118; 49 CFR 1.53.
1.53. words “Research and Special Pro-
grams Administration” and add, in
their place, the words “Pipeline and ■ 2. In 49 CFR part 199, remove the
■ 2. In 49 CFR part 193, remove the Hazardous Materials Safety Adminis- words “Research and Special Pro-
words “Research and Special Pro- tration” in the following places: grams Administration” and add, in
grams Administration” and add, in ■ a. Section 195.2; their place, the words “Pipeline and
their place, the words “Pipeline and ■ b. Section 195.3(b); Hazardous Materials Safety Adminis-
Hazardous Materials Safety Adminis- ■ c. Section 195.57(b); tration” in the following places:
tration” in the following places: ■ d. Section 195.58; ■ a. Section 199.3;
■ a. Section 193.2007; and ■ e. Section 195.59(a) and (b); and ■ b. Section 199.7;
■ b. Section 193.2013. ■ f. Section 195.452(m). ■ c. Section 199.119(b); and
■ d. Section 199.229(c).
PART 194—RESPONSE PLANS ■ 3. In 49 CFR part 195, remove the
FOR ONSHORE OIL PIPELINES abbreviation “RSPA” and add, in its ■ 3. In 49 CFR part 199, remove the
place, the abbreviation “PHMSA” in abbreviation “RSPA” and add, in its
■ 1. The authority citation for part the following places: place, the abbreviation “PHMSA” in
194 continues to read as follows: ■ a. Section 195.1; and the following places:
■ b. Section 195.9. ■ a. Section 199.119(a) in two places;
Authority: 33 U.S.C. 1231, ■ b. Section 199.225(b)(4); and
1321(j)(1)(C), (j)(5) and (j)(6); §2, ■ 4. In §195.59(a) and (b), remove the ■ ■ c. Section 199.229(a) in two plac-
E.O. 12777, 56 FR 54757, 3 CFR, e-mail address “rog- es.
1991 Comp., p. 351; 49 CFR 1.53. er.little@RSPA.dot.gov“ and add, in
its place, the e-mail address “rog- Issued in Washington, DC on
■ 2. In 49 CFR part 194, remove the er.little@dot.gov“. February 25, 2005.
words “Research and Special Pro- Elaine E. Joost,
grams Administration” and add, in PART 198—REGULATIONS FOR Acting Deputy Administrator.
their place, the words “Pipeline and GRANTS TO AID STATE [FR Doc. 05-4123 Filed 3-7-05; 8:45
Hazardous Materials Safety Adminis- PIPELINE SAFETY PROGRAMS am]
tration” in §194.119(a). BILLING CODE 4910-60-P
■ 1. The authority citation for part
■ 3. In 49 CFR part 194, remove the 198 continues to read as follows:
abbreviation “RSPA” and add, in its
place, the abbreviation “PHMSA” in Authority: 49 U.S.C. 60105,
the following places: 60106, 60114; and 49 CFR 1.53.
■ a. Section 194.101(a) in two places;
■ b. Section 194.119(b) in two places, ■ 2. In 49 CFR part 198, remove the
(c) in five places, (d) in two places, words “Research and Special Pro-
(e) in two places, and (f) in four plac- grams Administration” and add, in
es; and their place, the words “Pipeline and
Federal Register / Vol. 70, No. 44 / Tuesday, March 8, 2005
Pages 11135 - 11140
7/7
192 Changes