**DEPARTMENT OF TRANSPORTATION**

**Pipeline and Hazardous Materials Safety Administration**

**49 CFR Part 194**

**\[Docket No. RSPA-03-16560; Amdt. No. 194-5\]**

**RIN 2137-AC30**

**Pipeline Safety: Response Plans for Onshore Transportation-Related Oil
Pipelines**

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

**ACTION:** Final rule; correction.

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**SUMMARY:** On February 23, 2005, the U.S. Department of
Transportation, Pipeline and Hazardous Materials Safety Administration,
Office of Pipeline Safety (OPS) issued a final rule adopting as a final
rule, the interim final rule which was issued on January 5, 1993. This
final rule also made minor amendments to some of the regulations in Part
194 in response to public comments and the experience that OPS gained in
implementing the interim final rule, leading spill response exercises,
and responding to actual spills. The amendments were generally technical
in nature and did not involve additional costs to pipeline operators or
the public.

In issuing the final rule, a table was inadvertently misprinted. This
table in § 194.105(b)(3) specifies the potential spill volume reduction
credits operators may use when they have secondary containment and other
spill prevention measures on breakout tanks. These spill reduction
credits are used when calculating the worst case discharge volume.

This correction replaces the incorrect table with the correct table.

**DATES:** This Final Rule correction is effective March 25, 2005.

**FOR FURTHER INFORMATION CONTACT:** L.E. Herrick, (202) 366-5523, U.S.
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, Room 2103, 400 Seventh Street, SW., Washington, DC
20590-0001, on the contents of this final rule, or the Dockets Facility,
*http://dms.dot.gov*, (202) 366-1918, U.S. Department of Transportation,
Room PL-401, 400 Seventh Street, SW., Washington, DC 20590-0001, for
copies of this final rule or other information in the docket. General
information about OPS programs is on the Internet home page at
*http://ops.dot.gov*. For information on the Oil Pollution Act of 1990
(OPA 90), first click on the "Initiatives," then on "OPA Initiatives."

**List of Subjects in 49 CFR Part 194**

Environmental protection, Hazardous materials transportation, Oil
pollution, Petroleum, Pipeline safety, Pipelines, Reporting and
recordkeeping requirements, Transportation, Water pollution control.

■ Accordingly, the Final Rule, which was published at (70 FR 8734)
February 23, 2005, is corrected as follows:

**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. Amend §194.105 by revising paragraph (b)(4) and its table to read
as follows:

**§194.105 Worst case discharge.**

\* \* \* \* \*

\(b\) \* \* \*

\(4\) Operators may claim prevention credits for breakout tank secondary
containment and other specific spill prevention measures as follows:

+----------------------------------------+------------------+----------+
| Prevention measure                     | Standard         | Credit   |
|                                        |                  |          |
|                                        |                  | (        |
|                                        |                  | percent) |
+----------------------------------------+------------------+----------+
| Secondary containment \> 100%          | NFPA 30          | 50       |
+----------------------------------------+------------------+----------+
| Built/repaired to API standards        | API STD          | 10       |
|                                        | 620/650/653      |          |
+----------------------------------------+------------------+----------+
| Overfill protection standards          | API RP 2350      | 5        |
+----------------------------------------+------------------+----------+
| Testing/cathodic protection            | API STD          | 5        |
|                                        | 650/651/653      |          |
+----------------------------------------+------------------+----------+
| Tertiary                               | NFPA 30          | 5        |
| containment/drainage/treatment         |                  |          |
+----------------------------------------+------------------+----------+
| Maximum allowable credit               | \-               | 75       |
+----------------------------------------+------------------+----------+

\* \* \* \* \*

Issued in Washington, DC, on June 2, 2005.

**Joy Kadnar,**

*Acting Deputy Associate Administrator for Pipeline Safety.*

\[FR Doc. 05-11444 Filed 6-15-05; 8:45 am\]

BILLING CODE 4910-60-P

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