Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54591

PART 62—[AMENDED]

Subpart GG—New Mexico

1. The authority citation for Part 62

continues to read as follows:

Authority: 42 U.S.C. 7401–7642.

2. A new center heading consisting of

§§ 62.7855 and 62.7856 is added to read

as follows:

* * * * *

LANDFILL GAS EMISSIONS FROM EXISTING MUNICIPAL SOLID WASTE LANDFILLS

62.7855 Identification of Plan.

Control of landfill gas emissions from

existing municipal solid waste landfills,

submitted on January 7, 1997.

62.7856 Identification of Sources.

The plan applies to all existing

municipal solid waste landfills with

design capacities greater than or equal

to 2.5 million megagrams and nonmethane organic emissions greater than

or equal to 50 megagrams per year as

described in 40 CFR part 60, subpart Cc.

Subpart T is amended (corrected) to

read as follows:

PART 62—[AMENDED]

Subpart T—Louisiana

A new center heading, consisting of

Sections 62.4631 and 62.4632 is added

to read as follows:

LANDFILL GAS EMISSIONS FROM EXISTING MUNICIPAL SOLID WASTE LANDFILLS

62.4631 Identification of Sources.

The plan applies to all existing

municipal solid waste landfills with

design capacities greater than 2.5

million megagrams and non-methane

organic emissions greater than 50

megagrams per year as described in 40

CFR part 60, subpart Cc.

62.4632 Effective Date.

The effective date of the portion of the

plan applicable to existing municipal

solid waste landfills is October 28, 1997.

[FR Doc. 97–27849 Filed 10–20–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Part 195

[Docket No. PS–121; Amdt. 195–58]

RIN 2137–AD 05

Pressure Testing Older Hazardous

Liquid and Carbon Dioxide Pipelines

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Direct final rule; extension of

time for compliance.

SUMMARY: This direct final rule extends

the time for compliance with the

requirements for pressure testing of

older hazardous liquid and carbon

dioxide pipelines. Plans for testing, or

establish maximum operating pressure,

which were to be completed by

December 7, 1997, would now be

required by December 7, 1998. The

dates for actual completion of the

testing, previously December 7, 1999,

and December 7, 2002, are also

extended by one year. RSPA is

extending these compliance dates to

allow time to complete a rulemaking

based on the American Petroleum

Institute’s (API) petition for a risk-based

alternative to the required pressure

testing rule. In a separate notice, RSPA

intends to issue a proposed rule for a

risk-based alternative to the existing

pressure testing rule.

DATES: Effective date: This direct final

rule takes effect January 20, 1998. If

RSPA does not receive any adverse

comment or notice of intent to file an

adverse comment by December 22,

1997, the rule will become effective on

the date specified. RSPA will issue a

subsequent document in the Federal

Register by January 5, 1998, to confirm

that fact and reiterate the effective date.

If an adverse comment or 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 the 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.

Compliance dates: The deadline that

establishes regulations for planning and

scheduling pressure testing is to be

extended to December 7, 1998. All other

deadlines are extended by a year.

ADDRESSES: Written comments must be

submitted in duplicate and mailed to

the Docket Facility, U.S. Department of

Transportation, Plaza 401, 400 Seventh

Street SW., Washington, DC 20590–

0001. Comments should identify the

docket number and the RSPA

rulemaking number. All comments

received before December 22, 1997, will

be considered before final action is

taken. Late-filed comments will be

considered so far as practicable. All

comments and other docketed material

will be available for inspection and

copying in room 401 Plaza between the

hours of 10 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Mike Israni, (202) 366–4571, e-mail:

mike.israni@rspa.dot.gov, regarding the

subject matter of this document, or the

Dockets Unit (202) 366–9329, for copies

of this document or other information in

the docket.

SUPPLEMENTARY INFORMATION:

API Proposal

In a petition dated June 23, 1995, API

submitted a risk-based alternative to the

pressure testing rule and requested that

RSPA delay implementation of the rule

until the API proposal was given full

consideration. A copy of the API

proposal is available in the docket. API

argued that the rule on pressure testing

older hazardous liquid and carbon

dioxide pipelines presents an

opportunity to apply a risk-based

approach to pressure testing, and

proposed a risk-based alternative to the

final rule issued on June 7, 1994 (59 FR

29379).

RSPA has been working with the

pipeline industry to develop a risk

management framework for pipeline

regulation and decided to carefully

evaluate the API proposal. Because

substantial planning is required before

pressure testing older pipelines, an

extension of time for compliance was

needed to avoid unnecessary costs in

planning.

RSPA decided to initiate rulemaking

on the API proposal. A notice of

proposed rulemaking on risk-based

alternative to pressure testing of older

hazardous liquid and carbon dioxide

pipelines is being published separately.

RSPA published a Final Rule (Docket

PS–121; 61 FR 43026; August 20, 1996)

extending the compliance deadline to

plan and schedule pressure testing or

establish maximum operating pressure

to December 7, 1997. The dates for

actual completion of testing were

extended by one year.

To determine merits of the API

proposal, RSPA held a public meeting

on March 25, 1996. On May 8 and

November 6, 1996, and again on May 7,

1997, RSPA briefed the Technical

Hazardous Liquid Pipeline Safety
54592 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

Committee (THLPSSC) on the API

proposal and changes proposed by

RSPA. RSPA also discussed those

changes at the API conference on March

13, 1997, in Dallas, Texas.

RSPA received several comments

from the industry during these meetings

that all the compliance deadlines for the

current pressure test rule should be

extended. Industry argued that they

were not sure what changes RSPA might

suggest in the risk-based alternative

rulemaking, so they could not plan in

advance.

RSPA agrees with the comments

about the need for extension of the

comment period while rulemaking on

the risk-based alternative is conducted.

These new compliance dates are as

follows:

—Before December 7, 1998, plan and

schedule testing; or establish the

pipeline’s maximum operating

pressure under § 195.406(a)(5).

—Before December 7, 2000, pressure

test each pipeline containing more

than 50 percent by mileage of electric

resistance welded pipe manufactured

before 1970; and at least 50 percent of

the mileage of all other pipelines; and

—Before December 7, 2003, pressure

test the remainder of the pipeline

mileage.

Regulatory Analyses and Notices

Executive Order 12866 and DOT

Policies and Procedures

The Office of Management and Budget

(OMB) does not consider this final rule

to be a significant regulatory action

under section 3(f) of Executive Order

12866. Therefore, OMB did not review

the direct final rule under that order.

Also, DOT does not consider the direct

final rule to be significant under its

regulatory policies and procedures (44

FR 11034, February 26, 1979). This

extension of compliance dates does not

warrant preparation of a Regulatory

Evaluation.

Executive Order 12612

We analyzed the final rule under the

principles and criteria in Executive

Order 12612 (‘‘Federalism’’). The final

rule does not have sufficient federalism

impacts to warrant preparation of a

federalism assessment.

Regulatory Flexibility Act

I certify, under section 605 of the

Regulatory Flexibility Act, that this final

rule will not have a significant

economic impact on a substantial

number of small entities.

Unfunded Mandates Reform Act of 1995

This 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 rule.

List of Subjects in 49 CFR Part 195

Carbon dioxide, Petroleum, Pipeline

safety, Reporting and recordkeeping

requirements.

In consideration of the foregoing,

RSPA amends part 195 of title 49 of the

Code of Federal Regulations as follows:

PART 195—[AMENDED]

1. The authority citation for part 195

continues to read as follows:

Authority: 49 U.S.C. 60102, 60104, 60108,

60109; and 49 CFR 1.53.

2. Section 195.302, paragraphs (c)(1),

introductory text, and (c)(2)(i),

introductory text, and (c)(2)(ii) are

revised to read as follows:

§ 195.302 General requirements.

* * * * *

(c) * * *

(1) Before December 7, 1998, for each

pipeline each operator shall—

* * * * *

(2) * * *

(i) Before December 7, 2000, pressure

test—

* * * * *

(ii) Before December 7, 2003, pressure

test the remainder of the pipeline

mileage.

* * * * *

Issued in Washington, DC, on October 15,

1997.

Kelley S. Coyner,

Acting Administrator.

[FR Doc. 97–27740 Filed 10–20–97; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 679

[Docket No. 961107312–7021–02; I.D.

101697A]

Fisheries of the Exclusive Economic

Zone Off Alaska; Pollock by Vessels

Catching Pollock for Processing by the

Inshore Component in the Bering Sea

Subarea of the Bering Sea and

Aleutian Islands Management Area

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Closure.

SUMMARY: NMFS is prohibiting directed

fishing for pollock by vessels catching

pollock for processing by the inshore

component in the Bering Sea subarea of

the Bering Sea and Aleutian Islands

management area (BSAI). This action is

necessary to prevent exceeding the

amount of the 1997 pollock total

allowable catch (TAC) apportioned to

vessels catching pollock for processing

by the inshore component in the Bering

Sea subarea of the Bering Sea and

Aleutian Islands management area.

DATES: Effective 1200 hrs, Alaska local

time (A.l.t.), October 16, 1997, until

2400 hrs, A.l.t., December 31, 1997.

FOR FURTHER INFORMATION CONTACT:

Mary Furuness, 907–586-7228.

SUPPLEMENTARY INFORMATION: The

groundfish fishery in the BSAI exclusive

economic zone is managed by NMFS

according to the Fishery Management

Plan for the Groundfish Fishery of the

Bering Sea and Aleutian Islands Area

(FMP) prepared by the North Pacific

Fishery Management Council under

authority of the Magnuson-Stevens

Fishery Conservation and Management

Act. Fishing by U.S. processors is

governed by regulations implementing

the FMP at Subpart H of 50 CFR part

600 and 50 CFR part 679.

The amount of the 1997 pollock TAC

apportioned to vessels catching pollock

for processing by the inshore

component in the Bering Sea subarea of

the BSAI was established by the Final

1997 Harvest Specifications of

Groundfish for the BSAI (62 FR 7168,

February 18, 1997) as 365,837 metric

tons (mt). See § 679.20(c)(3)(iii).

In accordance with § 679.20(d)(1)(i),

the Administrator, Alaska Region,

NMFS (Regional Administrator), has

determined that the amount of the 1997

pollock TAC apportioned to vessels

catching pollock for processing by the

inshore component in the Bering Sea

subarea of the BSAI has been reached.

Therefore, the Regional Administrator is

establishing a directed fishing

allowance of 365,587 mt, and is setting

aside the remaining 250 mt as bycatch

to support other anticipated groundfish

fisheries. In accordance with

§ 679.20(d)(1)(iii), the Regional

Administrator finds that this directed

fishing allowance will soon be reached.

Consequently, NMFS is prohibiting

directed fishing for pollock by vessels

catching pollock for processing by the

inshore component in the Bering Sea

subarea of the BSAI.

Maximum retainable bycatch amounts

for applicable gear types may be found

in the regulations at § 679.20(e) and (f).