69028 Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Notices 

1This decision is limited to its specific facts. As 

some commenters on the ANPRM noted, the 

existence of steel in a tire’s sidewall can be relevant 

to the manner in which it should be repaired or 

retreaded.

Federal Register on December 1, 2000 

(65 FR 75222). 

The agency received more than 20 

comments on the tire labeling 

information required by 49 CFR 571.109 

and 119, part 567, part 574, and part 

575. In addition, the agency conducted 

a series of focus groups, as required by 

the TREAD Act, to examine consumer 

perceptions and understanding of tire 

labeling. Few of the focus group 

participants had knowledge of tire 

labeling beyond the tire brand name, 

tire size, and tire pressure. 

Based on the information obtained 

from comments to the ANPRM and the 

consumer focus groups, we have 

concluded that it is likely that few 

consumers have been influenced by the 

tire construction information (number of 

plies and cord material in the sidewall 

and tread plies) provided on the tire 

label when deciding to buy a motor 

vehicle or tire. 

Therefore, the agency agrees with 

Goodyear’s statement that the incorrect 

markings in this case do not present a 

serious safety concern.1 There is no 

effect of the noncompliance on the 

operational safety of vehicles on which 

these tires are mounted. In the agency’s 

judgment, the incorrect labeling of the 

tire construction information will have 

an inconsequential effect on motor 

vehicle safety because most consumers 

do not base tire purchases or vehicle 

operation parameters on the number of 

plies in the tire. In addition, the tires are 

certified to meet all the performance 

requirements of FMVSS No. 109 and all 

other informational markings as 

required by FMVSS No. 109 are present. 

Goodyear has corrected the problem.

In consideration of the foregoing, 

NHTSA has decided that the petitioner 

has met its burden of persuasion that 

the noncompliance described is 

inconsequential to motor vehicle safety. 

Accordingly, Goodyear’s petition is 

granted and the petitioner is exempted 

from the obligation of providing 

notification of, and a remedy for, the 

noncompliance.

Authority: 49 U.S.C. 30118, 30120; 

delegations of authority at CFR 1.50 and 

501.8.

Issued on: November 18, 2004. 

Kenneth N. Weinstein, 

Associate Administrator for Enforcement.

[FR Doc. 04–26103 Filed 11–24–04; 8:45 am] 

BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs 

Administration 

Pipeline Safety: Operator Qualification 

Requirements

AGENCY: Research and Special Programs 

Administration (RSPA), DOT.

ACTION: Notice; issuance of advisory 

bulletin. 

SUMMARY: RSPA’s Office of Pipeline 

Safety (RSPA/OPS) is issuing this 

advisory bulletin to owners and 

operators of natural gas and hazardous 

liquid pipeline systems concerning the 

minimum requirements for operator 

qualification (OQ) programs for 

personnel performing covered tasks on 

a pipeline facility. The bulletin reminds 

system owners and operators that the 

deadline for modifying their OQ 

programs to comply with the additional 

statutory requirements in Section 13 of 

the Pipeline Safety Improvement Act of 

2002 is December 17, 2004. The bulletin 

also advises system owners and 

operators that reviews of OQ programs 

conducted by RSPA/OPS inspectors 

after December 17, 2004, will consider 

whether the programs are in compliance 

with these additional statutory 

requirements, even if the relevant 

provisions of the pipeline safety 

regulations are not amended by that 

date.

ADDRESSES: This document can be 

viewed at the OPS home page at:

http://ops.dot.gov.

FOR FURTHER INFORMATION CONTACT:

Stanley Kastanas, (202) 366–3844; or by 

e-mail, stanley.kastanas@rspa.dot.gov.

This document can be viewed at the 

RSPA/OPS home page at http://

ops.dot.gov. General information about 

the RSPA/OPS programs may be 

obtained by accessing RSPA’s home 

page at http://rspa.dot.gov.

SUPPLEMENTARY INFORMATION:

I. Background 

In 1999, RSPA/OPS issued regulations 

requiring operators of natural gas and 

hazardous liquid pipelines to establish 

and follow operator qualification (OQ) 

programs to ensure that pipeline 

personnel performing covered tasks on 

a pipeline facility were properly 

qualified to do so. (64 FR 46866; Aug. 

27, 1999) (codified at 49 CFR Part 192, 

Subpart N, and 49 CFR Part 195, 

Subpart G). These regulations required 

pipeline operators to have a written OQ 

program in place by April 27, 2001, and 

to have completed the qualification of 

individuals performing covered tasks by 

October 28, 2002. 

On December 17, 2002, the President 

signed the Pipeline Safety Improvement 

Act of 2002 (Pub. L. 107–355, 116 Stat. 

2985) (PSIA 2002). Section 13 of PSIA 

2002 (codified at 49 U.S.C. 60131) 

contains additional OQ program 

requirements that are not yet 

incorporated into the existing 

regulations, and requires that they be 

implemented by pipeline operators no 

later than December 17, 2004. Of 

particular note, Section 13 of PSIA 2002 

requires that OQ programs provide for 

periodic requalification of pipeline 

personnel. In addition, once an OQ 

program has undergone compliance 

review by RSPA/OPS, operators must 

notify RSPA/OPS of any significant 

program modifications and those 

modifications are subject to RSPA/OPS 

review. 

With respect to the time frame for 

pipeline operators to modify their OQ 

programs, paragraph (e)(6) of Section 13 

of PSIA 2002 requires operators to 

comply with the new statutory OQ 

requirements:

* * * Notwithstanding any failure of the 

Secretary to prescribe standards and criteria 

as described in subsection (b), an operator of 

a pipeline facility shall develop and adopt a 

qualification program that complies with the 

requirement of subsection (b)(2)(B) and 

includes the elements described in 

subsection (d) not later than 2 years after the 

date of enactment of this section [December 

17, 2004].

RSPA/OPS has called attention to 

these additional OQ program 

requirements in public forums attended 

by operators as well as during reviews 

of OQ programs. RSPA/OPS is currently 

preparing amendments to the existing 

OQ regulations in Parts 192 and 195 to 

incorporate these additional program 

requirements. Operators are reminded 

that these requirements are part of 

public law, and reviews of OQ programs 

conducted by RSPA/OPS inspectors 

after December 17, 2004, will consider 

whether the programs were in 

compliance as of the required date, even 

if the relevant provisions of the pipeline 

safety regulations are not yet amended 

by that date.

II. Advisory Bulletin (ADB–04–05) 

To: Owners and Operators of Gas and 

Hazardous Liquid Pipeline Systems. 

Subject: Implementation of Operator 

Qualification (OQ) Requirements 

Mandated by the Pipeline Safety 

Improvement Act of 2002 (Pub. L. 107–

355, 116 Stat. 2985) (PSIA 2002). 

Purpose: To inform pipeline system 

owners and operators of congressionally 

mandated requirements for 

modifications to OQ programs for 

individuals performing covered tasks on 

Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Notices 69029

gas and hazardous liquid pipeline 

facilities. 

Advisory: PSIA 2002 was signed into 

law on December 17, 2002. Certain 

provisions of Section 13 of PSIA 2002, 

which are not yet incorporated into the 

existing OQ regulations at 49 CFR Part 

192, Subpart N, and 49 CFR 195, 

Subpart G, require that pipeline 

operators modify their existing OQ 

programs by December 17, 2004, as 

follows: 

1. An operator OQ program must 

include a periodic requalification 

component that provides for 

examination or testing of individuals, 

including: 

A method for examining or testing the 

qualifications of individuals, which may 

include written examination, oral 

examination, observation during on-thejob performance, on-the-job training, 

simulations, and other forms of 

assessment. The method may not be 

limited to observation of on-the-job 

performance, except with respect to 

tasks for which RSPA/OPS has 

determined that such observation is the 

best method of examining or testing 

qualifications. The results of any such 

observations shall be documented in 

writing. 

In accordance with the OQ review 

protocols and existing industry practice, 

the requalification intervals established 

by operators must reflect the relevant 

factors including the complexity, 

criticality, and frequency of 

performance of the task, and be justified 

by appropriate documentation. 

2. A program to provide training, as 

appropriate, to ensure that individuals 

performing covered tasks have the 

necessary knowledge and skills to 

perform the tasks in a manner that 

ensures the safe operation of pipeline 

facilities. 

3. If the operator of a pipeline facility 

significantly modifies a program that 

has been reviewed for compliance by 

RSPA/OPS, the operator must notify 

RSPA/OPS of the modifications. RSPA/

OPS will review such modifications in 

accordance with applicable laws and 

regulations. 

Operators are again reminded that 

these OQ program requirements are part 

of public law, and reviews of programs 

conducted by RSPA/OPS inspectors 

after December 17, 2004, will consider 

whether the programs were in 

compliance as of the required date, even 

if the relevant provisions of the pipeline 

safety regulations are not yet amended 

by that date.

Issued in Washington, DC on November 19, 

2004. 

Stacey L. Gerard, 

Associate Administrator for Pipeline Safety.

[FR Doc. 04–26104 Filed 11–24–04; 8:45 am] 

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