**DEPARTMENT OF TRANSPORTATION**

**Pipeline and Hazardous Materials Safety Administration**

**49 CFR Parts 190, 191, 192, 193, 194, 195, 198, and 199**

**RIN 2137-AD77**

**Agency Reorganization: Nomenclature Change and Technical Amendments**

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

**ACTION:** Final rule.

## 

**SUMMARY:** In accordance with the Norman Y. Mineta Research and
Special Programs Improvement Act, which reorganized the Department\'s
pipeline and hazardous materials safety programs into the new Pipeline
and Hazardous Materials Safety Administration (PHMSA), this document
revises all references to the former Research and Special Programs
Administration (RSPA) in 49 CFR parts 190 through 199 to reflect the
creation of PHMSA. This document also updates the Office of Pipeline
Safety\'s internet and mailing addresses, docket procedures, titles,
section numbers, penalty considerations and cap adjustments,
terminology, and other changes conforming part 190 with the Pipeline
Safety Improvement Act of 2002. The amendments made by this rule reflect
the changed organizational posture of the agency and update the part 190
enforcement procedures to reflect current public law. This rule does not
impose any new operating requirements on pipeline owners and operators.

**DATES:** This final rule is effective March 8, 2005.

**FOR FURTHER INFORMATION CONTACT**: Lawrence White, Attorney-Advisor,
Pipeline and Hazardous Materials Safety Administration, Office of the
Chief Counsel, 400 7th Street, SW., Washington, DC 20590. Tel: (202)
366-4400. Fax: (202) 366-7041. E-mail: *lawrence.white@dot.gov*.

**SUPPLEMENTARY INFORMATION:**

**Background and Summary**

In accordance with the Norman Y. Mineta Research and Special Programs
Improvement Act (Pub. L. 108-426, 118 Stat. 2423; Nov. 30, 2004) (the
"Mineta Act"), which reorganized the Department\'s pipeline and
hazardous materials safety programs into the new PHMSA, this document
revises all references to the former RSPA in 49 CFR parts 190-199 to
reflect the creation of PHMSA. This document also makes conforming
changes reflecting the enactment of the Pipeline Safety Improvement Act
of 2002 (Pub. L. 107-355, 116 Stat. 2985; Dec. 17, 2002) (the "PSI Act")
including changes to the Office of Pipeline Safety\'s (OPS\') Internet
and mailing addresses, docket procedures, titles, section numbers,
penalty considerations and cap adjustments, terminology, and other
editorial changes to enhance the clarity and consistency of the part 190
enforcement procedures used by the agency. The amendments made by this
rule reflect the changed organizational posture of the agency and update
the part 190 enforcement procedures to reflect current public law. This
rule does not impose any new operating requirements on pipeline owners
and operators.

The following is a summary of the nomenclature changes, updates to the
enforcement procedures in part 190, and other technical amendments made
to the affected sections of 49 CFR under this final rule. It does not
include all editorial and typographical corrections and other minor
amendments that were made to enhance the clarity and consistency of the
enforcement procedures used by the agency.

In 49 CFR parts 190, 191, 192, 193, 194, 195, 198, and 199, the term
"Research and Special Programs Administration" is changed to "Pipeline
and Hazardous Materials Safety Administration" everywhere it appears,
and the abbreviation "RSPA" is changed to "PHMSA" everywhere it appears
(see Mineta Act, §2; 49 U.S.C. 108).

In §190.203, the procedure used by OPS to request that pipeline
operators afford their assistance with pipeline incident investigations
is specified in paragraph (e) (see PSI Act §10(a); 49 U.S.C. 60118(e)).

In §§ 190.213 and 190.215, the time period within which the
Administrator issues final orders and takes action on petitions for
reconsideration is updated to reflect the Administrator\'s policy of
issuing such orders and decisions expeditiously and providing notice if
substantial delays are expected.

In §190.223, paragraph (a) is amended to reflect the statutory increase
in the maximum civil penalty amount of \$25,000 per violation per day,
with a \$500,000 cap for any related series of violations, to \$100,000
per violation per day with a \$1,000,000 cap (see PSI Act §8(b); 49
U.S.C. 60122(a)(1)).

In §190.223, the civil penalty of up to \$1,000 for violation of the
whistleblower protection provisions is specified in paragraph (d) (see
PSI Act §6(b); 49 U.S.C. 60122(a)).

In §190.225, the penalty assessment considerations are amended by
specifying environmental impact as a factor that must be considered, and
any economic benefit from the violation as a factor that may be
considered (see PSI Act §8(b); 49 U.S.C. 60122(b)).

In §190.229, paragraph (c) is amended by specifying intentional damage
to intrastate pipeline facilities as an act subject to criminal
penalties (see PSI Act §8(c); 49 U.S.C. 60123(b)).

In §190.229, knowingly and willfully engaging in excavation activity
that results in property damage, serious injury, or death, without first
using an available One-Call notification system is specified as an act
subject to criminal penalties in paragraph (e) (see PSI Act §3(c); 49
U.S.C. 60123(d)).

In §190.233, the term "hazardous facility order" is changed to
"corrective action order" everywhere it appears and the title of the
section is amended (see PSI Act §8(a); 49 U.S.C. 60112(d)).

In §190.233, wherever the phrase "\* \* \* hazardous to life or
property" appears, the phrase "or the environment" is added after the
word property (see PSI Act §8(a); 49 U.S.C. 60112(a)).

In §190.235, civil penalties are specified as an available U.S. District
Court remedy, and the title of the section is amended. Operators should
note that OPS believes that the caps that apply to civil penalties that
are assessed in administrative proceedings would not apply to civil
penalties assessed in U.S. District Court actions (see PSI Act §8(b); 49
U.S.C. 60120(a)).

**Public Notice and Effective Date**

This final rule reflects the changed organizational posture of the
Department due to the establishment of PHMSA, changes nomenclature, and
updates the part 190 enforcement procedures to reflect current public
law. As such, this final rule is ministerial in nature and relates only
to agency organization, procedure and practice. This final rule does not
impose substantive requirements on the public and the agency does not
expect to receive substantive comments on the rule. Accordingly, notice
and comment on this rule is unnecessary under 5 U.S.C. 553(b).

With respect to the effective date, because this rule relates only to
agency organization, procedure and practice, does not impose substantive
requirements on the public, and its expeditious issuance facilitates the
Department\'s ability to meet the statutory implementation requirements
of the Mineta Act, we find that there is good cause under 5 U.S.C.
553(d) to make this rule effective on March 8, 2005.

**Rulemaking Analyses and Notices**

*A. Executive Order 12866 and DOT Regulatory Policies and Procedures*

This final rule is not considered a significant regulatory action under
Section 3(f) of Executive Order 12866 and, therefore, was not subject to
review by the Office of Management and Budget. This rule is not
significant under DOT Regulatory Policies and Procedures (44 FR 11034;
Feb. 26, 1979). Because this rule only changes nomenclature to reflect
the organizational posture of the agency and updates the part 190
enforcement procedures to reflect current public law, it has no economic
impact on regulated entities and preparation of a regulatory impact
analysis was not warranted.

*B. Executive Order 13132*

This final rule has been analyzed in accordance with the principles and
criteria contained in Executive Order 13132 ("Federalism"). This rule
does not introduce any regulation that: (1) Has substantial direct
effects on the states, the relationship between the national government
and the states, or the distribution of power and responsibilities among
the various levels of government; (2) imposes substantial direct
compliance costs on state and local governments; or (3) preempts state
law. Therefore, the consultation and funding requirements of Executive
Order 13132 do not apply. Further, this rule does not have sufficient
impacts on federalism to warrant the preparation of a federalism
assessment.

*C. Executive Order 13175*

This final rule has been analyzed in accordance with the principles and
criteria contained in Executive Order 13175 ("Consultation and
Coordination with Indian Tribal Governments"). Because this rule does
not significantly or uniquely affect the communities of the Indian
tribal governments, the funding and consultation requirements of
Executive Order 13175 do not apply.

*D. Executive Order 13211*

This final rule is not a significant energy action under Executive Order
13211. It is not a significant regulatory action under Executive Order
12866 and is not likely to have a significant adverse effect on the
supply, distribution, or use of energy. Further, this rule has not been
designated by the Administrator of the Office of Information and
Regulatory Affairs as a significant energy action.

*E. Regulatory Flexibility Act*

Because this final rule only changes nomenclature to reflect the
organizational posture of the agency, amends agency internal practice
and procedure, and will have no direct or indirect economic impacts for
government units, businesses, or other organizations, I certify that
this final rule will not have a significant economic impact on a
substantial number of small entities.

*F. Paperwork Reduction Act*

This final rule contains no new information collection requirements or
additional paperwork burdens. Therefore, submitting an analysis of the
burdens to OMB pursuant to the Paperwork Reduction Act was unnecessary.

*G. Unfunded Mandates Reform Act*

This final rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995. It does not result in costs of \$100
million or more, as adjusted for inflation, to either state, local or
tribal governments, in the aggregate, or to the private sector, and is
the least burdensome alternative that achieves the objective of the
rule.

*H. Environmental Assessment*

Because this final rule involves agency practices and procedures and
does not impose any new requirements on pipeline operators, there are no
significant environmental impacts associated with this rule.

**List of Subjects**

49 CFR Part 19■

Administrative practice and procedure, Penalties.

49 CFR Part 191

Reporting and recordkeeping requirements.

49 CFR Part 192

Pipeline safety, Reporting and recordkeeping requirements.

49 CFR Part 193

Pipeline safety, Reporting and recordkeeping requirements.

49 CFR Part 194

Oil Pollution, Pipeline safety, Reporting and recordkeeping
requirements.

49 CFR Part 195

Pipeline safety, Reporting and recordkeeping requirements.

49 CFR Part 198

Grant programs-transportation, Pipeline safety, Reporting and
recordkeeping requirements.

49 CFR Part 199

Drug testing, Pipeline safety, Reporting and recordkeeping requirements.

■ For the reasons discussed in the preamble, the Pipeline and Hazardous
Materials Safety Administration amends 49 CFR parts 190, 191, 192, 193,
194, 195, 198, and 199 as follows:

**PART 190---PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES**

■ 1. The authority citation for part 190 is amended to read as follows:

**Authority:** 33 U.S.C. 1321; 49 U.S.C. 5101-5127, 60101 *et seq*.; 49
CFR 1.53.

■ 2. In 49 CFR part 190, remove the words "Research and Special Programs
Administration" and add, in their place, the words "Pipeline and
Hazardous Materials Safety Administration" in the following places:

■ a. Section 190.1(a);

■ b. Section 190.3 in three places;

■ c. Section 190.9(b)((1)(ii) and (b)(2);

■ d. Section 190.211(c);

■ e. Section 190.231 in two places;

■ f. Section 190.233(c)(3);

■ g. Section 190.301;

■ h. Section 190.303;

■ i. Section 190.305(a);

■ j. Section 190.307; and

■ k. Section 190.309.

■ 3. In 49 CFR part 190, remove the abbreviation "RSPA" and add, in its
place, the abbreviation "PHMSA" in the following places:

■ a. Section 190.3;

■ b. Section 190.7(a) in three places, (h), (i) in two places, and (j)
in two places;

■ c. Section 190.11(a)(1) in two places, (a)(2), (b), and (b)(2);

■ d. Section 190.203(a), (b)(6), and (d) in two places; and

■ e. Section 190.235.

■ 4. Amend §190.203 by revising the section heading, redesignating
paragraph (e) as paragraph (f), and adding a new paragraph (e) to read
as follows:

**§190.203 Inspections and investigations.**

\* \* \* \* \*

\(e\) If a representative of the DOT investigates an incident involving
a pipeline facility, OPS may request that the operator make available to
the representative all records and information that pertain to the
incident in any way, including integrity management plans and test
results, and that the operator afford all reasonable assistance in the
investigation.

\(f\) When the information obtained from an inspection or from other
appropriate sources indicates that further OPS action is warranted, the
OPS may issue a warning letter under §190.205 or initiate one or more of
the enforcement proceedings prescribed in §§ 190.207 through 190.235.

■ 5. Amend §190.213 by revising paragraph (e) to read as follows:

**§190.213 Final order.**

\* \* \* \* \*

\(e\) It is the policy of the Associate Administrator, OPS to issue a
final order under this section expeditiously. In cases where a
substantial delay is expected, notice of that fact and the date by which
it is expected that action will be taken is provided to the respondent
upon request and whenever practicable.

■ 6. Amend §190.215 by revising paragraph (f) to read as follows:

**§190.215 Petitions for reconsideration.**

\* \* \* \* \*

\(f\) It is the policy of the Associate Administrator, OPS to issue
notice of the action taken on a petition for reconsideration
expeditiously. In cases where a substantial delay is expected, notice of
that fact and the date by which it is expected that action will be taken
is provided to the respondent upon request and whenever practicable.

■ 7. Amend §190.223 by redesignating paragraph (d) as paragraph (e),
adding a new paragraph (d), and revising paragraph (a) to read as
follows:

**§190.223 Maximum penalties.**

\(a\) Any person who is determined to have violated a provision of 49
U.S.C. 60101 *et seq*., or any regulation or order issued thereunder, is
subject to a civil penalty not to exceed \$100,000 for each violation
for each day the violation continues except that the maximum civil
penalty may not exceed \$1,000,000 for any related series of violations.

\* \* \* \* \*

\(d\) Any person who is determined to have violated any standard or
order under 49 U.S.C. 60129 shall be subject to a civil penalty not to
exceed \$1,000, which shall be in addition to any other penalties to
which such person may be subject under paragraph (a) of this section.

\(e\) No person shall be subject to a civil penalty under this section
for the violation of any requirement of this subchapter and an order
issued under §190.217, §190.219, or §190.233 if both violations are
based on the same act.

■ 8. Revise §190.225 to read as follows:

**§190.225 Assessment considerations.**

In determining the amount of a civil penalty under this part,

\(a\) The Associate Administrator, OPS shall consider:

\(1\) The nature, circumstances and gravity of the violation, including
adverse impact on the environment;

\(2\) The degree of the respondent\'s culpability;

\(3\) The respondent\'s history of prior offenses;

\(4\) The respondent\'s ability to pay;

\(5\) Any good faith by the respondent in attempting to achieve
compliance;

\(6\) The effect on the respondent\'s ability to continue in business;
and (b) The Associate Administrator, OPS may consider:

\(1\) The economic benefit gained from violation, if readily
ascertainable, without any reduction because of subsequent damages; and

\(2\) Such other matters as justice may require.

■ 9. Amend §190.227 by revising paragraph (a) to read as follows:

**§190.227 Payment of penalty.**

\(a\) Except for payments exceeding \$10,000, payment of a civil penalty
proposed or assessed under this subpart may be made by certified check
or money order (containing the CPF Number for the case), payable to
"U.S. Department of Transportation," to the Federal Aviation
Administration, Mike Monroney Aeronautical Center, Financial Operations
Division (AMZ-120), P.O. Box 25770, Oklahoma City, OK 73125, or by wire
transfer through the Federal Reserve Communications System (Fedwire) to
the account of the U.S. Treasury. Payments exceeding \$10,000 must be
made by wire transfer.

\* \* \* \* \*

■ 10. Amend §190.229 by redesignating paragraph (e) as paragraph (f),
adding a new paragraph (e), and revising paragraph (c) to read as
follows:

**§190.229 Criminal penalties generally.**

\* \* \* \* \*

\(c\) Any person who willfully and knowingly injures or destroys, or
attempts to injure or destroy, any interstate transmission facility, any
interstate pipeline facility, or any intrastate pipeline facility used
in interstate or foreign commerce or in any activity affecting
interstate or foreign commerce (as those terms are defined in 49 U.S.C.
60101 et seq.) shall, upon conviction, be subject for each offense to a
fine of not more than \$25,000, imprisonment for a term not to exceed 15
years, or both.

\* \* \* \* \*

\(e\) Any person who willfully and knowingly engages in excavation
activity without first using an available one-call notification system
to establish the location of underground facilities in the excavation
area; or without considering location information or markings
established by a pipeline facility operator; and

\(1\) Subsequently damages a pipeline facility resulting in death,
serious bodily harm, or property damage exceeding \$50,000;

\(2\) Subsequently damages a pipeline facility and knows or has reason
to know of the damage but fails to promptly report the damage to the
operator and to the appropriate authorities; or

\(3\) Subsequently damages a hazardous liquid pipeline facility that
results in the release of more than 50 barrels of product; shall, upon
conviction, be subject for each offense to a fine of not more than
\$5,000, imprisonment for a term not to exceed 5 years, or both.

\(f\) No person shall be subject to criminal penalties under paragraph
(a) of this section for violation of any regulation and the violation of
any order issued under §190.217, §190.219 or §190.229 if both violations
are based on the same act.

■ 11. Revise §190.233 to read as follows:

**§190.233 Corrective action orders.**

\(a\) Except as provided by paragraph (b) of this section, if the
Associate Administrator, OPS finds, after reasonable notice and
opportunity for hearing in accord with paragraph (c) of this section and
§190.211(a), a particular pipeline facility to be hazardous to life,
property, or the environment, the Associate Administrator, OPS shall
issue an order pursuant to this section requiring the owner or operator
of the facility to take corrective action. Corrective action may include
suspended or restricted use of the facility, physical inspection,
testing, repair, replacement, or other appropriate action.

\(b\) The Associate Administrator, OPS may waive the requirement for
notice and opportunity for hearing under paragraph (a) of this section
before issuing an order pursuant to this section when the Associate
Administrator, OPS determines that the failure to do so would result in
the likelihood of serious harm to life, property, or the environment.
However, the Associate Administrator, OPS shall provide an opportunity
for a hearing as soon as is practicable after the issuance of a
compliance order. The provisions of paragraph (c)(2) of this section
apply to an owner or operator\'s decision to exercise its opportunity
for a hearing. The purpose of such a post-order hearing is for the
Associate Administrator, OPS to determine whether a compliance order
should remain in effect or be rescinded or suspended in accord with
paragraph (g) of this section.

\(c\) Notice and hearing:

\(1\) Written notice that OPS intends to issue an order under this
section shall be served upon the owner or operator of an alleged
hazardous facility in accordance with §190.5. The notice shall allege
the existence of a hazardous facility and state the facts and
circumstances supporting the issuance of a corrective action order. The
notice shall also provide the owner or operator with the opportunity for
a hearing and shall identify a time and location where a hearing may be
held.

\(2\) An owner or operator that elects to exercise its opportunity for a
hearing under this section must notify the Associate Administrator, OPS
of that election in writing within 10 days of service of the notice
provided under paragraph (c)(1) of this section, or under paragraph (b)
of this section when applicable. The absence of such written
notification waives an owner or operator\'s opportunity for a hearing
and allows the Associate Administrator, OPS to issue a corrective action
order in accordance with paragraphs (d) through (h) of this section.

\(3\) A hearing under this section shall be presided over by an attorney
from the Office of Chief Counsel, Pipeline and Hazardous Materials
Safety Administration, acting as Presiding Official, and conducted
without strict adherence to formal rules of evidence. The Presiding
Official presents the allegations contained in the notice issued under
this section. The owner or operator of the alleged hazardous facility
may submit any relevant information or materials, call witnesses, and
present arguments on the issue of whether or not a corrective action
order should be issued.

\(4\) Within 48 hours after conclusion of a hearing under this section,
the Presiding Official shall submit a recommendation to the Associate
Administrator, OPS as to whether or not a corrective action order is
required. Upon receipt of the recommendation, the Associate
Administrator, OPS shall proceed in accordance with paragraphs (d)
through (h) of this section. If the Associate Administrator, OPS finds
the facility is or would be hazardous to life, property, or the
environment, the Associate Administrator, OPS shall issue a corrective
action order in accordance with this section. If the Associate
Administrator, OPS does not find the facility is or would be hazardous
to life, property, or the environment, the Associate Administrator shall
withdraw the allegation of the existence of a hazardous facility
contained in the notice, and promptly notify the owner or operator in
writing by service as prescribed in §190.5.

\(d\) The Associate Administrator, OPS may find a pipeline facility to
be hazardous under paragraph (a) of this section:

\(1\) If under the facts and circumstances the Associate Administrator,
OPS determines the particular facility is hazardous to life, property,
or the environment; or

\(2\) If the pipeline facility or a component thereof has been
constructed or operated with any equipment, material, or technique which
the Associate Administrator, OPS determines is hazardous to life,
property, or the environment, unless the operator involved demonstrates
to the satisfaction of the Associate Administrator, OPS that, under the
particular facts and circumstances involved, such equipment, material,
or technique is not hazardous.

\(e\) In making a determination under paragraph (d) of this section, the
Associate Administrator, OPS shall consider, if relevant:

\(1\) The characteristics of the pipe and other equipment used in the
pipeline facility involved, including its age, manufacturer, physical
properties (including its resistance to corrosion and deterioration),
and the method of its manufacture, construction or assembly;

\(2\) The nature of the materials transported by such facility
(including their corrosive and deteriorative qualities), the sequence in
which such materials are transported, and the pressure required for such
transportation;

\(3\) The characteristics of the geographical areas in which the
pipeline facility is located, in particular the climatic and geologic
conditions (including soil characteristics) associated with such areas,
and the population density and population and growth patterns of such
areas;

\(4\) Any recommendation of the National Transportation Safety Board
issued in connection with any investigation conducted by the Board; and

\(5\) Such other factors as the Associate Administrator, OPS may
consider appropriate.

\(f\) A corrective action order shall contain the following information:

\(1\) A finding that the pipeline facility is hazardous to life,
property, or the environment.

\(2\) The relevant facts which form the basis of that finding.

\(3\) The legal basis for the order.

\(4\) The nature and description of any particular corrective action
required of the respondent.

\(5\) The date by which the required corrective action must be taken or
completed and, where appropriate, the duration of the order.

\(6\) If the opportunity for a hearing was waived pursuant to paragraph
(b) of this section, a statement that an opportunity for a hearing will
be available at a particular time and location after issuance of the
order.

\(g\) The Associate Administrator, OPS shall rescind or suspend a
corrective action order whenever the Associate Administrator, OPS
determines that the facility is no longer hazardous to life, property,
or the environment. When appropriate, however, such a rescission or
suspension may be accompanied by a notice of probable violation issued
under §190.207.

\(h\) At any time after a corrective action order issued under this
section has become effective, the Associate Administrator, OPS may
request the Attorney General to bring an action for appropriate relief
in accordance with §190.235.

\(i\) Upon petition by the Attorney General, the District Courts of the
United States shall have jurisdiction to enforce orders issued under
this section by appropriate means.

■ 12. Revise §190.235 to read as follows:

**§190.235 Civil actions generally.**

Whenever it appears to the Associate Administrator, OPS that a person
has engaged, is engaged, or is about to engage in any act or practice
constituting a violation of any provision of 49 U.S.C. 60101 et seq., or
any regulations issued thereunder, the Administrator, PHMSA, or the
person to whom the authority has been delegated, may request the
Attorney General to bring an action in the appropriate U.S. District
Court for such relief as is necessary or appropriate, including
mandatory or prohibitive injunctive relief, interim equitable relief,
civil penalties, and punitive damages as provided under 49 U.S.C. 60120
and 49 U.S.C. 5123.

■ 13. Amend §190.305 by revising paragraph (b) to read as follows:

**§190.305 Regulatory dockets.**

\* \* \* \* \*

\(b\) Any person may examine public docket material, once a docket is
established, at the offices of the Dockets Management System, U.S.
Department of Transportation, 400 7th Street, SW., Room PL-401,
Washington, DC 20590, and may obtain a copy of it upon payment of a fee,
at any time between the hours of 9 a.m. and 5 p.m., Monday through
Friday, excluding Federal holidays, with the exception of material which
the Administrator, PHMSA determines should be withheld from public
disclosure under applicable provisions of any statute administered by
the Administrator and section 552(b) of title 5, United States Code.
Public comments may also be submitted and reviewed by accessing the
Dockets Management System\'s Web site at
[*http://dms.dot.gov*](http://dms.dot.gov/). Inquiries and comment
submissions must identify the Docket

Number. The Dockets Management System is located on the Plaza Level of
the Nassif Building at the above address.

**PART 191---TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE: ANNUAL
REPORTS, INCIDENT REPORTS, AND SAFETY-RELATED CONDITION REPORTS**

■ 1. The authority citation for part 191 continues to read as follows:

**Authority:** 49 U.S.C. 5121, 60102, 60103, 60104, 60108, 60117, 60118,
and 60124; and 49 CFR 1.53.

■ 2. In 49 CFR part 191, remove the words "Research and Special Programs
Administration" and add, in their place, the words "Pipeline and
Hazardous Materials Safety Administration" in the following places:

■ a. Section 191.3;

■ b. Section 191.7; and

■ c. Section 191.27(b).

■ 3. In 49 CFR part 191, remove the abbreviation "RSPA" and add, in its
place, the abbreviation "PHMSA" in the following places:

■ a. Section 191.1(b)(2) in two places; and

■ b. Section 191.3.

**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,
and 60118; and 49 CFR 1.53.

■ 2. In 49 CFR part 192, remove the words "Research and Special Programs
Administration" and add, in their place, the words "Pipeline and
Hazardous Materials Safety Administration" in the following places:

■ a. Section 192.3;

■ b. Section 192.7(b);

■ c. Section 192.727(g)(1) and (2);

■ d. Section 192.949; and

■ e. Section 192.951.

■ 3. In 49 CFR part 192, remove the abbreviation "RSPA" and add, in its
place, the abbreviation "PHMSA" in the following places:

■ a. Section 192.1(b)(2) in two places; and

■ b. Section 192.10.

■ 4. In §192.727(g)(1) and (2), remove the e-mail address
"*roger.little@RSPA.dot.gov*" and add, in its place, the e-mail address
"*roger.little@dot.gov*".

**PART 193---LIQUEFIED NATURAL GAS FACILITIES: FEDERAL SAFETY
STANDARDS**

■ 1. The authority citation for part 193 continues to read as follows:

**Authority:** 49 U.S.C. 5103, 60102, 60103, 60104, 60108, 60109, 60110,
60113, 60118; and 49 CFR 1.53.

■ 2. In 49 CFR part 193, remove the words "Research and Special Programs
Administration" and add, in their place, the words "Pipeline and
Hazardous Materials Safety Administration" in the following places:

■ a. Section 193.2007; and

■ b. Section 193.2013.

**PART 194---RESPONSE PLANS FOR ONSHORE OIL PIPELINES**

■ 1. The authority citation for part 194 continues to read as follows:

**Authority:** 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5) and (j)(6); §2,
E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR 1.53.

■ 2. In 49 CFR part 194, remove the words "Research and Special Programs
Administration" and add, in their place, the words "Pipeline and
Hazardous Materials Safety Administration" in §194.119(a).

■ 3. In 49 CFR part 194, remove the abbreviation "RSPA" and add, in its
place, the abbreviation "PHMSA" in the following places:

■ a. Section 194.101(a) in two places;

■ b. Section 194.119(b) in two places, (c) in five places, (d) in two
places, (e) in two places, and (f) in four places; and

■ c. Section 194.121(b), (c) in two places, and (d) in four places.

**PART 195---TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE**

■ 1. The authority citation for part 195 continues to read as follows:

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

■ 2. In 49 CFR part 195, remove the words "Research and Special Programs
Administration" and add, in their place, the words "Pipeline and
Hazardous Materials Safety Administration" in the following places:

■ a. Section 195.2;

■ b. Section 195.3(b);

■ c. Section 195.57(b);

■ d. Section 195.58;

■ e. Section 195.59(a) and (b); and

■ f. Section 195.452(m).

■ 3. In 49 CFR part 195, remove the abbreviation "RSPA" and add, in its
place, the abbreviation "PHMSA" in the following places:

■ a. Section 195.1; and

■ b. Section 195.9.

■ 4. In §195.59(a) and (b), remove the e-mail address
"*roger.little@RSPA.dot.gov*" and add, in its place, the e-mail address
"*roger.little@dot.gov*".

**PART 198---REGULATIONS FOR GRANTS TO AID STATE PIPELINE SAFETY
PROGRAMS**

■ 1. The authority citation for part 198 continues to read as follows:

**Authority:** 49 U.S.C. 60105, 60106, 60114; and 49 CFR 1.53.

■ 2. In 49 CFR part 198, remove the words "Research and Special Programs
Administration" and add, in their place, the words "Pipeline and
Hazardous Materials Safety Administration" in §198.3.

■ 3. In 49 CFR part 198, remove the abbreviation "RSPA" and add, in its
place, the abbreviation "PHMSA" in §198.13(e).

**PART 199---DRUG AND ALCOHOL TESTING**

■ 1. The authority citation for part 199 continues to read as follows:

**Authority:** 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and 60118; 49
CFR 1.53.

■ 2. In 49 CFR part 199, remove the words "Research and Special Programs
Administration" and add, in their place, the words "Pipeline and
Hazardous Materials Safety Administration" in the following places:

■ a. Section 199.3;

■ b. Section 199.7;

■ c. Section 199.119(b); and

■ d. Section 199.229(c).

■ 3. In 49 CFR part 199, remove the abbreviation "RSPA" and add, in its
place, the abbreviation "PHMSA" in the following places:

■ a. Section 199.119(a) in two places;

■ b. Section 199.225(b)(4); and

■ ■ c. Section 199.229(a) in two places.

Issued in Washington, DC on February 25, 2005.

Elaine E. Joost,

Acting Deputy Administrator.

\[FR Doc. 05-4123 Filed 3-7-05; 8:45 am\]

BILLING CODE 4910-60-P

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