**DEPARTMENT OF TRANSPORTATION**

**Research and Special Programs Administration**

**49 CFR Part 194**

**\[Docket No. PS-130; Amdt. 194-1\]**

**RIN 2137-AD12**

**Pipeline Safety: Change in Response Plan Review Cycle**

**AGENCY:** Research and Special Program Administration (RSPA), DOT.

**ACTION:** Direct final rule.

**SUMMARY:** This direct final rule changes the reporting cycle for
facility response plan submissions to 5 years for operators who are
required to submit facility response plans to RSPA. Pipeline operators
were previously required to submit facility response plans every 3
years.

OPS is undertaking this change to improve safety by ensuring consistency
between OPS requirements and those of the other federal agencies under
the Oil Pollution Act of 1990, and encouraging the use of integrated
plans, while easing the burden on the regulated community. The comments
to the docket have fully supported this change.

**EFFECTIVE DATES:** This direct final rule takes effect February 23,
1998. If RSPA does not receive adverse comment or notice of intent to
file an adverse comment by January 23, 1998, the rule will become
effective on the date specified. RSPA will issue a subsequent notice in
the Federal Register by February 9, 1998 after the close of the comment
period to confirm that fact and reiterate the effective date. If an
adverse comment or a notice of intent to file an adverse comment is
received, RSPA will issue a timely notice in the **Federal Register** to
confirm that fact and RSPA would withdraw direct final rule in whole or
in part. RSPA may then incorporate the adverse comment into a subsequent
direct final rule or may publish a notice of proposed rulemaking.

**ADDRESSES:** Send comments in duplicate to the Dockets Unit, room
8421, Research and Special Programs Administration, U.S. Department of
Transportation, 400 Seventh Street, S.W., Washington, DC 20590. Identify
the docket number stated in the heading of this notice. All comments and
docketed material will be available for inspection and copying in room
8419 between 8:30 a.m. and 5:00 p.m. each business day.

**FOR FURTHER INFORMATION CONTACT:** Jim Taylor, (202) 366-8860, or by
e-mail (jim.taylor@rspa.dot.gov), regarding the subject matter of this
Notice; or the RSPA Dockets Unit, (202) 366-5046, for copies of this
final rule or other material in the docket. General information about
OPS programs can be obtained by accessing OPS\'\' Internet home page at
ops.dot.gov.

**SUPPLEMENTARY INFORMATION:**

**Background**

In recent years, several catastrophic oil spills have damaged the marine
environment of the United States. These spills have resulted in
extensive environmental impact, including the loss of fish and wildlife.
In response to these catastrophic spills, Congress passed the Oil
Pollution Act of 1990, 33 U.S.C. 2701-2761 (OPA 90). OPA 90 amended
section 1321(j) of the Federal Water Pollution Control Act (FWPCA) (33
U.S.C. 1251-1387), and established a new national planning and response
system, including a requirement for the development of facility response
plans.

The FWPCA requires the President to issue regulations that require the
operator of a tank vessel, an onshore facility, and certain offshore
facilities, to prepare and submit to the President, a plan for
responding, to the maximum extent practicable, to a worst case oil
discharge and to a substantial threat of such a discharge. 33 U.S.C.
1321(j)(5). The FWPCA also requires the President to review and approve
facility response plans and periodic reviews of each plan. 33 U.S.C.
1321(j)(5)(D).

To be consistent with OPA 90 and FWPCA plan submission requirements of
the Environmental Protection Agency and U.S. Coast Guard, RSPA is
revising 49 CFR §194.121(b) to require a response plan to be resubmitted
every 5 years for review and approval. For significant and substantial
harm facilities, the plan shall be resubmitted 5 years after the latest
approval date by RSPA. For substantial harm facilities, operators must
resubmit the plan to RSPA 5 years after the date of initial submission
and every 5 years thereafter.

In the event there are no changes in the plan, the operator must submit
a written certification to RSPA stating that there are no changes to the
plan previously submitted to RSPA. Upon receipt of the certification,
RSPA will review the existing plan and, for significant and substantial
harm facilities, RSPA will re-approve the plan. Substantial harm
facility plans will be reviewed only. Although the current 3-year cycle
for all plans is ending, when this rule becomes effective there will be
no requirement to resubmit existing response plans until 2 years from
now.

## Regulatory History

RSPA published an interim final rule (IFR) on January 5, 1993 (58 FR
244). This interim final rule implemented provisions of OPA 90. With
limited exceptions, this direct final rule applies to all onshore
transportation-related oil pipelines whether or not such pipelines are
exempt from existing Federal pipeline safety regulations or statutes.
RSPA conducted a public meeting in New Orleans, Louisiana on January 27,
1997, to solicit feedback from interested parties on implementation of
the regulation and revisions to the IFR. A copy of the transcript of the
public meeting is available in the docket. This direct final rule
modifies the interim final rule, 49 CFR Part 194 (58 FR 244, January 5,
1993). RSPA intends to issue a final rule for 49 CFR Part 194 at a later
date.

### Rulemaking Notices and Analyses

Executive Order 12866 and DOT Regulatory Policies and Procedures

This direct final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was
not reviewed by the Office of Management and Budget (OMB). The direct
final rule is not significant under the Regulatory Policies and
Procedures of the Department of Transportation (44 FR 11034).

### Executive Order 12612

The direct final rule has been analyzed with the principles and criteria
in Executive Order 12612 (\"Federalism\'\') (52 FR 41685), and does not
have sufficient federalism impacts to warrant the preparation of a
federalism assessment.

*Regulatory Flexibility Act*

Based on the facts available, I certify that this direct final rule will
not have a significant economic impact on a substantial number of small
entities.

*Paperwork Reduction Act*

There are no new information collection requirements in this direct
final rule. In fact, this rulemaking eases the paperwork burden on
pipeline operators by reducing the reporting frequency from three to
five years.

*Unfunded Mandates Reform Act of 1995*

This direct 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 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 direct final rule.

## List of Subjects in 49 CFR Part 194

Oil pollution, Facility Response Plan, Pipeline safety.

In consideration of the foregoing, RSPA amends part 194 of title 49 of
the Code of Federal Regulations as follows:

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\. Section 194.121(a) is revised to read as follows:

**§194.121 Response plan review and update procedures.**

\(a\) Each operator shall review its response plan at least every 5
years from the date of submission and modify the plan to address new or
different operating conditions or information included in the plan.

\* \* \* \* \*

Issued in Washington, DC on December 16, 1997.

Kelley S. Coyner,

Acting Administrator.

\[FR Doc. 97-33289 Filed 12-23-97; 8:45 am\]

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