**DEPARTMENT OF TRANSPORTATION**

**Pipeline and Hazardous Materials Safety Administration**

**49 CFR Part 192**

**\[Docket No. RSPA-03-15852; Amdt. Nos. 192-99, 195-83\]**

**RIN 2137-AD96**

**Pipeline Safety: Pipeline Operator Public Awareness Program**

**AGENCY:** Pipeline and Hazardous Materials Safety Administration
(PHMSA), U.S. Department of Transportation (DOT).

**ACTION:** Final rule; correction.

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**SUMMARY:** PHMSA is correcting a Final Rule published in the Federal
Register on May 19, 2005 (70 FR 28833). That Final Rule amended
requirements for pipeline operators in 49 CFR parts 192 and 195 to
develop and implement public awareness programs and incorporated by
reference the guidelines of the American Petroleum Institute (API)
Recommended Practice (RP) 1162. The document was assigned the amendment
numbers 192-100 and 195-84, which were already assigned to different
amendments. This document corrects the amendment numbers, and corrects
the language amending part 192 so that it is consistent with part 195.

**DATES:** Effective June 20, 2005.

**FOR FURTHER INFORMATION CONTACT:** Blaine Keener by phone at
202-366-0970, by mail at 400 7th St. SW., Room 2103, Washington, DC
20590, or by e-mail at *blaine.keener@dot.gov*.

**SUPPLEMENTARY INFORMATION:** On May 19, 2005, PHMSA published a Final
Rule in the **Federal Register** entitled "Pipeline Safety: Pipeline
Operator Public Awareness Program" (70 FR 28833) under amendment numbers
192-100 and 195-84. PHMSA discovered that a rule published on March 3,
2005 entitled "Pipeline Safety: Operator Qualifications; Statutory
Changes" had been assigned unsequential amendment numbers and already
existed as amendments 192-100 and 195-84. Since the existing amendment
numbers are already in use, this document corrects the amendment numbers
for the Final Rule "Pipeline Safety: Operator Public Awareness Program"
to reflect correct numbering as 192-99 and 195-83.

The Operator Public Awareness Program Final Rule incorporated by
reference API RP 1162 into 49 CFR parts 192 and 195. After the rule\'s
publication, PHMSA received a request to clarify the difference between
the requirements in 195.440 (c) and 192.616 (c). The comment identified
a language inconsistency requiring operators to "follow the general
program recommendations of API RP 1162" in part 192, while part 195
specified that the operator "must follow the general program
recommendations, including baseline and supplemental requirements of API
RP 1162".

PHMSA intended the amending language in parts 192 and 195 to be
consistent. The language used in part 192 should match the language in
part 195, which clarifies that the operator must follow both baseline
and supplemental requirements of API RP 1162. In consideration of the
foregoing, PHMSA corrects 49 CFR part 192 by making the following
correcting amendments:

**List of Subjects in 49 CFR Part 192**

Pipeline safety and Reporting and recordkeeping requirements.

**PART 192---TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS**

■ 1. The authority citation for part 192 continues to read as follows:

**Authority:** 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110, 60113,
60116, and 60118; and 49 CFR 1.53.

■ 2. Section 192.616 paragraph (c) is revised to read as follows:

**§192.616 Public awareness.**

\* \* \* \* \*

\(c\) The operator must follow the general program recommendations,
including baseline and supplemental requirements of API RP 1162, unless
the operator provides justification in its program or procedural manual
as to why compliance with all or certain provisions of the recommended
practice is not practicable and not necessary for safety.

\* \* \* \* \*

Issued in Washington, DC, on June 10, 2005.

**Stacey L. Gerard,**

*Acting Assistant Administrator/Chief Safety Officer.*

\[FR Doc. 05-11865 Filed 6-15-05; 8:45 am\]

BILLING CODE 4910-60-P

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