61692 Federal Register / Vol. 62, No. 223 / Wednesday, November 19, 1997 / Rules and Regulations

message and the telephone number of

the sending machine or of such

business, other entity, or individual.

Telephone facsimile machines

manufactured on and after December 20,

1992, must clearly mark such

identifying information on each

transmitted message.

(e) Requirement that registered

equipment allow access to common

carriers. Any equipment or software

manufactured or imported on or after

April 17, 1992, and installed by any

aggregator shall be technologically

capable of providing consumers with

access to interstate providers of operator

services through the use of equal access

codes. The terms used in this paragraph

shall have meanings defined in § 64.708

of this chapter (47 CFR 64.708).

[FR Doc. 97–29925 Filed 11–18–97; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 97–97, RM–9047]

Radio Broadcasting Services; Mt.

Juliet and Belle Meade, TN

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document denies a

Petition for Reconsideration filed by the

Cromwell Group, Inc. directed to the

Report and Order in this proceeding

which reallotted Channel 294A from Mt.

Juliet to Belle Meade, Tennessee, and

modified the Station WNPL

construction permit to specify Belle

Meade as the community of license. See

62 FR 40949, July 31, 1997. With this

action, the proceeding is terminated.

EFFECTIVE DATE: November 19, 1997.

FOR FURTHER INFORMATION CONTACT:

Robert Hayne, Mass Media Bureau (202)

418–2177.

SUPPLEMENTARY INFORMATION: This is a

synopsis of the Commission’s

Memorandum Opinion and Order

adopted October 22, 1997, and released

October 31, 1997. The full text of this

decision is available for inspection and

copying during normal business hours

in the FCC Reference Center (Room

239), 1919 M Street, NW, Washington,

D.C. The complete text of this decision

may also be purchased from the

Commission’s copy contractor,

International Transcription Service,

Inc., (202) 857–3805, 1231 M Street,

NW, Washington, DC 20036.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

Douglas W. Webbink,

Chief, Policy and Rules Division, Mass Media

Bureau.

[FR Doc. 97–30281 Filed 11–18–97; 8:45 am]

BILLING CODE 6712–01–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 191, 192 and 195

[Docket No. RSPA 97–2096; Amdt Nos. 191–

12; 192–81; 195–59]

RIN 2137–AC99

Pipeline Safety: Regulations

Implementing Memorandum of

Understanding With the Department of

the Interior

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Direct final rule.

SUMMARY: This direct final rule (DFR)

would implement a provision of a

December 10, 1996, Memorandum of

Understanding (MOU) between the

Department of the Interior (DOI) and the

Department of Transportation (DOT)

regarding Outer Continental Shelf (OCS)

pipelines by redesignating the point at

which an OCS pipeline is subject to

RSPA regulations. Under this rule,

RSPA would establish and enforce

design, construction, operation, and

maintenance regulations and investigate

certain accidents for all pipelines

located downstream of the point at

which operating responsibility for the

pipelines transfers from a producing

operator to a transporting operator.

DATES: This direct final rule takes effect

March 19, 1998. If RSPA does not

receive any adverse comment or notice

of intent to file an adverse comment by

January 20, 1998 the rule will become

effective on the date specified. RSPA

will issue a subsequent notice in the

Federal Register by February 17, 1998,

after the close of the comment period,

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 to withdraw the

DFR in whole or in part. RSPA may then

incorporate the adverse comment into a

subsequent DFR or may publish a notice

of proposed rulemaking.

ADDRESSES: Written comments on the

subject of this DFR may be submitted to

the Dockets Facility, U.S. Department of

Transportation, 400 Seventh Street, SW,

Plaza 401, Washington, DC 20590–0001.

Comments should identify the docket

number of this DFR, RSPA–97–2096.

Persons should submit the original and

one copy. Persons wishing to receive

confirmation of receipt of their

comments must include a stamped, selfaddressed postcard. Alternatively,

comments may be submitted via e-mail

to le.herrick@rspa.dot.gov. The Dockets

facility is open from 10:00 a.m. to 5:00

p.m., Monday through Friday, except on

Federal holidays.

FOR FURTHER INFORMATION CONTACT: L.E.

Herrick, (202) 366–5523 or e-mail

le.herrick@rspa.dot.gov regarding the

subject matter of this DFR, or the

Dockets Facility, (202) 366–5046,

regarding copies of this DFR or other

information in the docket.

SUPPLEMENTARY INFORMATION:

Background

Under an MOU dated May 6, 1976,

RSPA regulated hazardous liquid,

carbon dioxide, and natural gas

pipelines located downstream of the

outlet flange of each facility where

hydrocarbons are first produced or

where produced hydrocarbons are first

separated, dehydrated, or otherwise

processed, whichever facility is farther

downstream. DOI regulated those

pipelines located upstream of this point.

The Departments agreed to change this

regulatory boundary with the signing of

the December 10, 1996, MOU. The 1996

MOU was the result of negotiations that

began in the summer of 1993, which

included a high degree of participation

from the regulated industry. RSPA and

DOI’s Minerals Management Service

(MMS) solicited public comments on a

draft MOU through a joint Federal

Register notice (60 FR 27546; May 24,

1995). The notice also announced a

public meeting at the MMS Gulf of

Mexico regional office in New Orleans,

Louisiana, on August 1, 1995, to discuss

the proposal. Over 70 people attended

the meeting, which generated over 100

pages of comments from natural gas and

petroleum trade organizations; natural

gas and oil exploration and production

companies; transmission companies;

offshore construction companies; and

industry consultants. Twenty-three

individuals and organizations submitted

written comments on the Federal

Register notice. A transcript of this

meeting and copies of the comments are

available in Docket No. RSPA–97–2096.

In May 1996, RSPA and MMS met

with an industry workgroup

representing OCS oil and natural gas

producers and transmission pipeline
Federal Register / Vol. 62, No. 223 / Wednesday, November 19, 1997 / Rules and Regulations 61693

operators. The workgroup proposed that

the agencies allow individual operators

of production and transportation

facilities to define the boundaries of

their respective facilities. They

suggested that producers and

transporters can best make such

decisions based on the unique operating

characteristics of each facility. Under

this rule, RSPA would establish and

enforce design, construction, operation,

and maintenance regulations and

investigate certain accidents for all OCS

transportation pipelines beginning

downstream of the point at which

operating responsibility transfers from a

producing operator to a transporting

operator. Producing operators are

companies which are engaged in the

extraction and processing of

hydrocarbons on the OCS. Transporting

operators are companies which are

engaged in the transportation of those

hydrocarbons.

Intent of the Rule

The intent of this rule is to require

OCS production and transportation

pipeline operators to designate the

specific points on their pipelines where

operating responsibility transfers from a

producing operator to an adjoining

transporting operator. The rule would

amend 49 CFR parts 191, 192 and 195.

Generally, operators will have 60 days

after the date the rule becomes final to

durably mark the specific points at

which operating responsibility transfers.

In most cases, the specific transfer

points will be easily identifiable

because of specific valves or flanges

where the adjoining operations connect,

or because of differences in paint used

by adjoining operators to protect and

maintain pipeline coatings or surfaces.

For those instances in which the

transfer points are not identifiable by a

durable marking, each operator will

have 180 days after the final rule

becomes effective to identify the transfer

points on a schematic. The 180-day

period will give operators time to

identify the transfer points during

routine maintenance. If it is not

practicable to durably mark a transfer

point, and the transfer point is located

above water, then the operator must

depict the transfer point on a schematic

maintained near the transfer point.

Some transfer points may be located

underwater. In such cases, the operator

must identify the transfer point on a

schematic which must be maintained at

the nearest upstream facility and

provided to RSPA upon request.

For those instances in which

adjoining operators do not or can not

agree on a transfer point, RSPA’s Office

of Pipeline Safety (OPS) and MMS will

make a joint determination of the

boundary.

The OPS and MMS may, through their

enforcement agencies and in

consultation with the affected parties,

agree to exceptions to the general

boundary description (operations

transfer point) on a facility-by-facility or

area-by-area basis. Operators may also

petition OPS and MMS for exceptions to

the general boundary description.

Conversion to service: A pipeline

previously used in service and not

subject to DOT regulations which comes

under these regulations as a result of

this rulemaking qualifies for use under

the DOT regulations if the operator

prepares and follows a written

procedure to carry out the requirements

of 49 CFR 192.14 or 195.5 (Conversion

to service subject to this part). Pipeline

segments designed and constructed

under DOT regulations before March 19,

1998 may continue to operate under

DOT design and construction

requirements until significant

modifications or repairs are made to

those segments. After March 19, 1998

DOI operational and maintenance

requirements will apply to those

segments.

Rulemaking Analysis

The December 1996 MOU redefined

the DOT/DOI regulatory boundary

definition from the OCS facility where

hydrocarbons are ‘‘first produced,

separated, dehydrated, or otherwise

processed’’ to the point at which

‘‘operating responsibility for the

pipelines transfers from a producing

operator to a transporting operator’’. The

MOU places, to the greatest extent

practicable, producer-operated pipelines

under DOI regulation and transporteroperated pipelines under DOT

regulation. The changes in this rule

would substantially reduce the

regulatory burdens currently caused by

the overlapping Federal regulatory

responsibilities and the inconsistencies

between the requirements. The changes

will substantially increase the efficiency

of governmental resources on the OCS

without compromising safety.

Executive Order (E.O.) 12866

RSPA reviewed this rule under E.O.

12866 and determined that this is not an

economically significant rule. The

Office of Management and Budget

(OMB) has not asked to review this rule

under E.O. 12866.

Regulatory Flexibility Act

Oil and gas and production and

transportation companies are classified

under Standard Industrial Codes (SIC’s)

by the Census Bureau. The Small

Business Administration further

classifies ‘‘small businesses’’ in the

various offshore sectors as follows: (1)

Oil and gas producers that have fewer

than 500 employees, (2) liquid pipeline

companies than have fewer than 1,500

employees; (3) natural gas pipeline

companies that have gross annual

receipts of $25 million or less; and (4)

offshore oil and gas field exploration

service or production service companies

that have gross annual receipts of $5

million or less. There are many

companies on the OCS that are ‘‘small

businesses’’ by these definitions.

However, the technology necessary for

conducting offshore oil and gas

exploration and development activities

is very complex and costly, and most

entities that engage in offshore activities

have considerable financial resources

well beyond what would normally be

considered ‘‘small business.’’ These

entities customarily conduct their

operations by contracting with offshore

drilling or service companies and

therefore tend to have relatively few

employees compared to the

considerable financial resources of their

operations.

This rule would affect a substantial

number of ‘‘small entities;’’ however,

the economic effects of the rule would

not be significant. The economic effects

on the oil and gas production and

transportation companies directly

affected by the rule would be

insignificant because of the minimal

costs that operators incur during the

first year that the rule is implemented.

(In that year, offshore producers would

have to identify all points on their

pipelines at which operating

responsibility transfers from a producer

to a transporter. In succeeding years

there would be virtually no economic

impact resulting from the rule.) The

offshore service companies would be

indirectly affected by the rule through

their contractual relationships with the

primary producing and transporting

companies—they would not be directly

regulated in any way. This rule would

not impose any new restrictions on

small pipeline service companies or

manufacturers, nor will it cause their

business practices to change. To the

extent that this rule might eventually

cause some of the relatively larger OCS

operators to make modifications to their

pipelines, it may have a minor

beneficial effect of increasing demand

for the services and equipment of

smaller service companies and

manufacturers.

Paperwork Reduction Act

This rule contains a collection of

information which RSPA is submitting
61694 Federal Register / Vol. 62, No. 223 / Wednesday, November 19, 1997 / Rules and Regulations

to the Office of Management and Budget

(OMB) for review and approval under

section 3507(d) of the Paperwork

Reduction Act of 1995. As part of

RSPA’s continuing effort to reduce

paperwork and respondent burdens,

RSPA invites the public and other

Federal agencies to comment on any

aspect of the reporting burden in 49 CFR

192 and 195 as amended by this DFR.

Submit your comments to the Office of

Information and Regulatory Affairs;

OMB; Attention: Desk Officer for the

Department of Transportation (Docket

No. RSPA 97–2096); Washington, D.C.

20503. Send a copy of your comments

to L.E. Herrick, Room 2335, 400 Seventh

Street, Washington, DC 20590-0001.

You may obtain a copy of the

supporting statement for the collection

of information by contacting the Dockets

Facility.

OMB may make a decision to approve

or disapprove this collection of

information after 30 days from receipt of

our request. Therefore, your comments

are best assured of being considered by

OMB if OMB receives them within that

time period. However, RSPA will

consider all comments received during

the comment period for this direct final

rule.

The Paperwork Reduction Act of 1995

provides that an agency may not

conduct or sponsor, and a person is not

required to respond to, a collection of

information unless it displays a

currently valid OMB control number.

The title of this collection of

information is ‘‘49 CFR 191, 192 and

195 Pipeline Safety: Regulations

Implementing Memorandum of

Understanding with the Department of

the Interior.’’

The collection of information in the

DFR and for each transporter operating

a pipeline consists of: (1) Reviewing

existing pipeline maps, (2) conferring

and agreeing with operators of adjoining

production pipeline segments

concerning the locations of specific

transfer points, and (3) either marking

directly on each pipeline or depicting

on a schematic the specific point on

each pipeline where operating

responsibility transfers from the

producing operator to a transporting

operator. As stated above under the

‘‘Intent of the Rule’’ section, specific

transfer points will be easily identifiable

in most cases, either because of specific

valves or flanges where the adjoining

operations connect, or because of

differences in paint that adjoining

operators use to protect and maintain

pipeline coatings or surfaces.

Generally operators will have until 60

days after the date the rule becomes

final to durably mark the points at

which operating responsibility transfers.

For those relatively few instances where

the transfer points are not identifiable

by durable marking, operators will have

180 days after the date the rule becomes

final to identify, on a schematic, the

transfer points. The requirement to

identify the boundary is mandatory. The

RSPA will use the information to

determine the demarcation where DOT

will establish and enforce design,

construction, operation, and

maintenance regulations and investigate

certain accidents, as distinguished from

MMS responsibilities.

In calculating the burden, RSPA

assumed that respondents perform most

of the requirements and maintain

records in the normal course of their

activities, such as painting their

pipelines and maintaining valves and

flanges. RSPA considers these to be

usual and customary practices and did

not include them in the burden

estimates. Commenters are invited to

provide information if they disagree

with this assumption and they should

tell RSPA what are the burden hours

and costs imposed by this collection of

information (i.e., marking of transfer

points).

The regulated community consists of

approximately 160 Federal OCS oil and

gas producers and 70 transportation

pipeline operators. There are

approximately 3,000 points where

operating responsibility for pipelines

transfers from a producer to a

transporter. The RSPA assumes from

discussions with MMS and the

operators that about 2,400 (representing

80 percent) of these transfer points are

already marked. Therefore, this

rulemaking would require a one-time

identification and marking of about 600

points where operating responsibility

for pipelines transfers from a producer

to a transporter. For the 2,400 transfer

points that are clearly marked, there

would be no information burden. The

600 unmarked transfer points, on the

other hand, would require widelyvarying times for identification

depending on whether a painted line or

a schematic was used to identify the

transfer point.

The public reporting burden for this

information collection requirement is

estimated to average 5 hours per

response for each transfer point. This

includes the time for reviewing

instructions, searching existing data

sources, gathering and maintaining the

data needed, and completing the

required marking. Based on 600

unmarked transfer points, RSPA

estimates that the total one-time burden

of this collection of information to be

3,000 hours total. The average

annualized burden over a 3-year period

would be 1,000 hours. Based on $35 per

hour, the total burden hour cost to

respondents is estimated to be $35,000

annually.

Takings Implication Assessment

The DOT certifies that the rule does

not represent a governmental action

capable of interference with

constitutionally protected property

rights. Thus, a Takings Implication

Assessment need not be prepared

pursuant to E.O. 12630, Government

Action and Interference with

Constitutionally Protected Property

Rights.

Unfunded Mandates Reform Act of

1995

This rule does not contain any

unfunded mandates to State, local, or

tribal governments, nor would it impose

significant regulatory costs on the

private sector. Anticipated costs to the

private sector will be far below the $100

million annual threshold that was

established by the Unfunded Mandates

Reform Act.

E.O. 12988

The DOT has certified to OMB that

this regulation meets the applicable

civil justice reform standards provided

in Sections 3(a) and 3(b)(2) of E.O.

12988.

National Environmental Policy Act

The DOT has determined that this

action does not constitute a major

Federal action significantly affecting the

quality of the human environment.

Therefore, preparation of an

Environmental Impact Statement is not

required.

List of Subjects

49 CFR Part 191

Gas, Pipeline safety, Reporting and

recordkeeping requirements.

49 CFR Part 192

Pipeline safety, Reporting and

recordkeeping requirements.

49 CFR Part 195

Anhydrous ammonia, Carbon dioxide,

Petroleum, Pipeline safety, Reporting

and recordkeeping requirements.

For the reasons set out in the

preamble, RSPA amends 49 CFR parts

191, 192 and 195 as follows:

PART 191—[AMENDED]

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.
Federal Register / Vol. 62, No. 223 / Wednesday, November 19, 1997 / Rules and Regulations 61695

2. Section 191.1 is amended by

adding paragraph (b)(3) to read as

follows:

§ 191.1 Scope.

* * * * *

(b) * * *

(3) On the Outer Continental Shelf

upstream of the point at which

operating responsibility transfers from a

producing operator to a transporting

operator.

3. Section 191.3 is amended by

adding a definition in alphabetical order

to read as follows:

§ 191.3 Definitions.

* * * * *

Outer Continental Shelf means all

submerged lands lying seaward and

outside the area of lands beneath

navigable waters as defined in Section

2 of the Submerged Lands Act (43

U.S.C. 1301) and of which the subsoil

and seabed appertain to the United

States and are subject to its jurisdiction

and control.

* * * * *

PART 192—[AMENDED]

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; 49

CFR 1.53.

2. Section 192.1 is amended by

adding paragraph (b)(5) to read as

follows:

§ 192.1 Scope of part.

* * * * *

(b) * * *

(5) On the Outer Continental Shelf

upstream of the point at which

operating responsibility transfers from a

producing operator to a transporting

operator.

3. Section 192.3 is amended by

adding a definition in alphabetical order

to read as follows:

§ 192.3 Definitions.

* * * * *

Outer Continental Shelf means all

submerged lands lying seaward and

outside the area of lands beneath

navigable waters as defined in Section

2 of the Submerged Lands Act (43

U.S.C. 1301) and of which the subsoil

and seabed appertain to the United

States and are subject to its jurisdiction

and control.

* * * * *

4. Section 192.10 is added to read as

follows:

§ 192.10 Outer continental shelf pipelines.

Operators of transportation pipelines

on the Outer Continental Shelf (as

defined in the Outer Continental Shelf

Lands Act; 43 U.S.C. 1331) must

identify on all their respective pipelines

the specific points at which operating

responsibility transfers to a producing

operator. For those instances in which

the transfer points are not identifiable

by a durable marking, each operator will

have until September 15, 1998 to

identify the transfer points. If it is not

practicable to durably mark a transfer

point and the transfer point is located

above water, the operator must depict

the transfer point on a schematic located

near the transfer point. If a transfer

point is located subsea, then the

operator must identify the transfer point

on a schematic which must be

maintained at the nearest upstream

facility and provided to RSPA upon

request. For those cases in which

adjoining operators have not agreed on

a transfer point by September 15, 1998

the Regional Director and the MMS

Regional Supervisor will make a joint

determination of the transfer point.

PART 195—[AMENDED]

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. Section 195.1 is amended by

adding a new paragraph (b)(6) and

redesignating paragraphs (b)(6) through

(b)(8) as paragraphs (b)(7) through (b)(9)

to read as follows:

§ 195.1 Applicability.

* * * * *

(b) * * *

(6) Transportation of hazardous liquid

or carbon dioxide in Outer Continental

Shelf pipelines which are located

upstream of the point at which

operating responsibility transfers from a

producing operator to a transporting

operator.

* * * * *

3. Section 195.2 is amended by

adding a definition in alphabetical order

to read as follows:

§ 195.2 Definitions.

* * * * *

Outer Continental Shelf means all

submerged lands lying seaward and

outside the area of lands beneath

navigable waters as defined in Section

2 of the Submerged Lands Act (43

U.S.C. 1301) and of which the subsoil

and seabed appertain to the United

States and are subject to its jurisdiction

and control.

* * * * *

4. Section 195.9 is added to read as

follows:

§ 195.9 Outer continental shelf pipelines.

Operators of transportation pipelines

on the Outer Continental Shelf must

identify on all their respective pipelines

the specific points at which operating

responsibility transfers to a producing

operator. For those instances in which

the transfer points are not identifiable

by a durable marking, each operator will

have until September 15, 1998 to

identify the transfer points. If it is not

practicable to durably mark a transfer

point and the transfer point is located

above water, the operator must depict

the transfer point on a schematic

maintained near the transfer point. If a

transfer point is located subsea, the

operator must identify the transfer point

on a schematic which must be

maintained at the nearest upstream

facility and provided to RSPA upon

request. For those cases in which

adjoining operators have not agreed on

a transfer point by September 15, 1998

the Regional Director and the MMS

Regional Supervisor will make a joint

determination of the transfer point.

Issued in Washington D.C. on November

12, 1997.

Richard B. Felder,

Associate Administrator for Pipeline Safety.

[FR Doc. 97–30216 Filed 11–18–97; 8:45 am]

BILLING CODE 4910–60–P

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 192 and 195

[Docket No. PS–101A, Amdt. 192–82 , 195–

60]

RIN 2137–AC 57

Mandatory Participation in Qualified

One-Call Systems by Pipeline

Operators

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Final rule.

SUMMARY: This final rule requires that

operators of onshore gas, hazardous

liquid, and carbon dioxide pipelines

participate in qualified one-call systems

as part of the required excavation

damage prevention programs. The rule

also limits the current exclusion of

certain small gas systems from

compliance with the damage prevention

program requirements. This final rule is

intended to reduce excavation damage,

the largest single cause of pipeline

failures.

EFFECTIVE DATE: This final rule takes

effect May 18, 1998.