Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Notices 7037

proposed extension of the withdrawal

may present their views in writing to

the address above.

The application case file is available

for public inspection at the address

above and at the California Desert

District, 6221 Box Springs Blvd.,

Riverside, CA 92507.

The application will be processed in

accordance with the regulations set

forth in 43 CFR Part 2300.

David McIlnay,

Chief, Branch of Lands.

[FR Doc. 97–3733 Filed 2–13–97; 8:45 am]

BILLING CODE 4310–40–P

Minerals Management Service

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

Outer Continental Shelf Pipelines

AGENCY: Minerals Management Service

(MMS), Department of the Interior

(DOI), and Research and Special

Programs Administration (RSPA),

Department of Transportation (DOT).

ACTION: Notice of memorandum of

understanding.

SUMMARY: DOI and DOT have revised a

Memorandum of Understanding (MOU)

on their respective responsibilities for

pipelines on the Outer Continental Shelf

(OCS). The revised MOU will replace an

MOU in effect since May 6, 1976.

EFFECTIVE DATE: December 10, 1996.

FOR FURTHER INFORMATION CONTACT:

L. E. Herrick, Office of Pipeline Safety

Regulatory Programs, RSPA; telephone

(202) 366–5523; e-mail

l.e.herrick@rspa.dot.gov; or Carl W.

Anderson, Operations Analysis Branch,

MMS; telephone (703) 787–1608; e-mail

CarllAnderson@mms.gov.

SUPPLEMENTARY INFORMATION:

Background

On May 24, 1995, MMS and RSPA

published a notice with request for

comments in the Federal Register (60

FR 27546; May 24, 1995). The notice

announced a proposed MOU between

the two agencies re-defining their

respective responsibilities for pipelines

on the OCS. Over 70 people attended a

public meeting in New Orleans on

August 1, 1995, to discuss the proposal.

A transcript of this meeting is available

through the agency representatives

listed in the ‘‘For Further Information’’

section of this notice. The public

meeting generated over 100 pages of

transcribed comments from natural gas

and petroleum trade organizations,

natural gas and oil exploration and

production companies, transmission

companies, offshore construction

companies, and industry consultants.

The DOI and DOT received twenty-three

written comments on the Federal

Register Notice.

Before the close of the comment

period, the American Petroleum

Institute requested a 30-day extension to

provide time to convene a regulated

community task team, review the

proposal, and prepare a detailed

response. RSPA and MMS responded by

extending the comment period to

September 22, 1995 (60 FR 43611;

August 22, 1995).

The MOU places, to the greatest

extent practicable, producer operated

pipelines under DOI responsibility and

transporter operated pipelines under

DOT responsibility. Producers are

companies which are engaged in he

extraction and processing of

hydrocarbons on the OCS. Transporters

are companies which are engaged in the

transportation of those hydrocarbons.

As a result of this revision, some

pipelines, predominantly producer

operated pipelines, currently under

DOT responsibility, will be under DOI

responsibility.

Each agency will initiate separate

public rulemakings which will reflect

the new boundaries. The DOI and DOT

will propose that any changes in

requirements for design or construction

of pipelines which result from the

transfer of pipelines to another agency’s

responsibility not apply to existing

pipeline segment until each operator

makes significant repairs or

modifications to those segments.

This MOU also establishes an

agreement between the two agencies for

DOI to act as agent for DOT in

identifying and reporting potential

violations of DOT regulations at offshore

platforms on the OCS. As an agent, DOI

may inspect all DOT-regulated pipeline

facilities on production platforms

during DOI inspections. DOI may also

perform coordinated DOI/DOT

inspections of pipeline facilities on

DOT-regulated platforms. The

inspections may include reviewing any

operating or maintenance records or

reports that are located at the inspected

OCS platform facility.

Once implemented through

regulation, the changes described in the

MOU will substantially reduce the

burden of overlapping Federal

jurisdictions and inconsistencies

between agency requirements This will

substantially increase the efficiency of

governmental resources on the OCS

without compromising safety.

Dated: February 10, 1997.

Richard B. Felder,

Associate Administrator for Pipeline Safety.

Dated: February 10, 1997.

Carolita U. Kallaur,

Associate Director for Offshore Minerals

Management.

The MOU reads as follows:

Memorandum of Understanding

Between the Department of

Transportation and the Department of

the Interior, Regarding Outer

Continental Shelf Pipelines

I. Purpose

This Memorandum of Understanding

(MOU) establishes the boundaries that

will be used to delineate the locations

over which the Department of

Transportation (DOT), Research and

Special Programs Administration

(RSPA), and the Department of the

Interior (DOI), Minerals Management

Service (MMS), will exercise their

respective regulatory authority over

pipelines located on the Outer

Continental Shelf (OCS). This MOU

replaces the MOU between DOT and

DOI regarding OCS pipelines which was

signed and became effective May 6,

1976, and which terminates as of the

effective date of this MOU.

In recognition of each of the parties’

respective regulatory responsibilities for

OCS pipelines, DOI and DOT agree that

an MOU is needed to avoid duplication

of regulatory efforts regarding OCS

pipelines, to assure coordination and

consultation during the development

and implementation of regulatory

requirements, to facilitate compatible

regulatory requirements for all OCS

pipelines whether under DOI or DOT

jurisdiction, and to promote safety and

environmental protection on the OCS.

This MOU puts, to the greatest extent

practicable, OCS production pipelines

under DOI responsibility and OCS

transportation pipelines under DOT

responsibility.

II. Authority

DOT has the responsibility for

promulgating and enforcing regulations

for the safe and environmentally sound

transportation or gases and hazardous

liquids by pipeline. DOT administers

the following laws as they relate to

pipelines: (1) the pipeline safety laws

(49 U.S.C. 60101 et seq.); (2) the

Deepwater Port Act of 1974 (33 U.S.C.

1501–1524); (3) the Federal Water

Pollution Control Act (FWPCA) (33

U.S.C. 1251–1375), as amended by the

Oil Pollution Act of 1990 (OPA) (P.L.

101–380) and implemented under

Executive Order (E.O.) 12777; and (4)
7038 Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Notices

the Hazardous Materials Transportation

Act (49 U.S.C. 5101 et seq.).

DOI has responsibilities for

promulgating and enforcing regulations

for the promotion of safe operations,

protection of the environment, and

conservation of the natural resources of

the OCS, as that area is defined in the

OCS Lands Act (OCSLA) (43 U.S.C.

1331 et seq.). DOI also has certain

responsibilities for granting rights-ofway for the construction of pipelines

and associated facilities on the OCS.

DOI administers the following laws as

they related to OCS pipelines: (1) The

OCSLA for the transportation of

minerals by pipeline, (2) the Federal Oil

and Gas Royalty Management Act of

1982 for oil and gas production

measurement, and (3) the FWPCA, as

amended by OPA and implemented

under E.O. 12777.

III. Division of Responsibilities

DOI and DOT agree to the following

division of OCS pipeline regulatory

responsibilities with respect to design,

construction, operation, and

maintenance regulations for all

pipelines on the OCS pursuant to the

statutes cited above.

DOI Responsibilities

1. DOI will establish and enforce

design, construction, operation, and

maintenance regulations and investigate

significant accidents pursuant to the

OCSLA for all OCS pipelines located

upstream of the point at which

operating responsibility transfers from a

producing operator to a transporting

operator. Such points shall be fixed and

clearly designated by the operators of

the facilities.

2. DOI will perform authorized

inspection tasks for OCS pipelines

under DOT responsibility, also

described under paragraph 8, ‘‘Joint

Responsibilities,’’ as an agent of DOT,

under DOT pipeline safety regulations

and enforcement guidelines.

3. DOI will consult with DOT during

the development of regulatory

requirements and will send a copy of

each draft notice of proposed

rulemaking (NPR) concerning OCS

pipelines to DOT for review at least 60

days before the NPR is published in the

Federal Register.

4. DOI will require all applications

concerning pipelines and pipeline

rights-of-way to include a statement

concerning which agency has

responsibility for the pipeline. When

DOI grants rights-of-way for pipelines

which are under DOT responsibility,

DOI will condition its approval on the

pipelines being designed, constructed,

operated, and maintained in compliance

with DOT regulations. Upon approval of

grants for right-of-way pipelines under

DOT responsibility, DOI will provide

copies of its approval letters to DOT.

5. DOI will allow DOT to use, on a

reimbursable basis, DOI-contracted

helicopters for the inspection of OCS

pipelines, subject to helicopter

availability.

6. For pipelines under DOT

responsibility, DOI will report to DOT

in writing any apparent violation of

DOT regulations that is identified

during the course of DOI inspections.

DOT Responsibilities

1. DOT will establish and enforce

design, construction, operation, and

maintenance regulations and investigate

significant accidents for all OCS

transportation pipelines beginning

downstream of the point at which

operating responsibility transfers from a

producing operator to a transporting

operator. Such points shall be fixed and

clearly designated by the operators of

the facilities.

2. DOT delegates authorized

inspection tasks for OCS pipelines

under DOT responsibility to DOI, also

described under paragraph 8, ‘‘Joint

Responsibilities,’’ as an agent of DOT,

under DOT pipeline safety regulations

and enforcement guidelines.

3. DOT will consult with DOI during

the development of regulatory

requirements and will send a copy of

each draft NPR concerning OCS

pipelines to DOI for review at least 60

days before the NPR is published in the

Federal Register.

4. For pipelines under DOI regulatory

authority, DOT will report to DOI in

writing any apparent violation of DOI

regulations that is identified during the

course of DOT inspections.

Joint Responsibilities

1. DOI and DOT will consult and

coordinate all of their respective

rulemaking efforts affecting OCS

pipelines. Supporting regulatory

analyses (e.g., Determinations of Effects

of Rules, Regulatory Impact Analyses,

and information collection burdens,

etc.) will also be coordinated, although

the analyses will be appropriate for each

agency and the industry segments it

regulates.

2. DOI and DOT will coordinate all of

their respective research and

development projects concerning OCS

pipelines.

3. DOI and DOT may perform joint

inspections of pipeline segments and

facilities where either has jurisdiction,

particularly when there are potential

safety impacts from one facility on

another.

4. DOI and DOT may perform joint or

independent investigations of accidents

involving OCS pipeline segments where

either has jurisdiction.

5. DOI and DOT will each provide the

other agency with any final rule, notice,

agreement, or MOU with any Federal or

State agency concerning OCS pipelines.

6. At least once every 3 calendar

years, DOI and DOT will jointly review

existing standards, regulations, orders,

operating practices, and environmental

and safety issues concerning OCS

pipelines.

7. DOI and DOT may, through their

enforcement agencies and in

consultation with the affected parties,

agree to exceptions to this MOU on a

facility by facility or area by area basis.

Operators may also petition DOI and

DOT for exceptions to this MOU.

8. DOI is authorized by DOT to

perform coordinated OCS platform

inspection tasks for pipelines under

DOT responsibility. DOI will advise

pipeline operators and DOT of

inspection findings and will refer all

cases of apparent noncompliance with

DOT regulations to DOT.

IV. Implementation

1. Within 120 days of the signing of

this MOU, DOI and DOT will develop

and initiate a joint implementation plan

and rulemakings. The plan will also

establish the procedures under which

the point of demarcation at each facility

will be fixed, marked, and reported.

2. Thereafter, DOI and DOT will meet

periodically to review and update the

joint implementation plan and to review

this MOU for any needed revisions.

3. The respective points of contact for

the provisions of this MOU are:

Associate Administrator for Pipeline

Safety, Research and Special

Programs Administration, Department

of Transportation, 400 7th Street, SW.,

Washington, D.C. 20590

Associate Director for Offshore Minerals

Management, Minerals Management

Service, Department of the Interior,

1849 C Street, NW., Washington, D.C.

20240

V. Limitations

1. Nothing in this MOU is intended to

alter, limit, or expand the statutory or

regulatory authority of DOT or DOI until

implementing regulations are adopted.

2. Nothing in this MOU limits

informal consultations not otherwise

mentioned in this agreement.

3. Nothing in this MOU relieves an

OCS pipeline owner or operator from

complying with the regulations of any

State of Federal agency.

4. Under a separate MOU among DOI,

DOT, and the U.S. Environmental
Federal Register / Vol. 62, No. 31 / Friday, February 14, 1997 / Notices 7039

Protection Agency pursuant to the OPA,

the agencies have divided their

respective responsibilities for oil spill

prevention and response according to

the definition of ‘‘coast line’’ contained

in the Submerged Lands Act, 43 U.S.C.

1301(c) (59 FR 9494–9495). Nothing

herein is intended to affect the

implementation or administration of

that MOU.

VI. Modification

Either party to this agreement may

propose modifications by submitting

them in writing to the head of the other

Department. No modification may be

adopted except with the consent of both

parties. Both parties shall indicate their

consent to or disagreement with any

proposed modification within 60 days

of receipt. Upon the request of either

party, representatives of both parties

shall meet for the purpose of

considering modifications to this

agreement.

VII. Termination

This MOU may be terminated by

either party upon 60-day written notice

to the other party.

VIII. Administration

This MOU will be administered by

DOI’s Minerals Management Service

and DOT’s Research and Special

Programs Administration or such

successor agencies as may be designated

by the respective Secretaries.

IX. Effective Date

This MOU is effective upon

acceptance by both parties as indicated

by the signatures below.

Dated: December 10, 1996.

Department of the Interior.

Bruce Babbitt,

Secretary.

Dated: December 10, 1996.

Department of Transportation

Federico Pen ̃ a,

Secretary.

[FR Doc. 97–3769 Filed 2–13–97; 8:45 am]

BILLING CODE 4310–MR–M

National Park Service

Notice of Inventory Completion for

Native American Human Remains and

Associated Funerary Objects in the

Possession of Bandelier National

Monument, National Park Service, Los

Alamos, NM—Correction

AGENCY: National Park Service, Interior.

ACTION: Notice.

Correction

In notice document 96–32095

beginning on page 66694 in the issue of

Wednesday, December 18, 1996 make

the following corrections:

On page 66694, in the third column,

in the second paragraph, include the

Pueblo of Santa Ana in the list of

consulted Indian tribes.

On page 66695, in the second column,

in the second paragraph, include the

Pueblo of Santa Ana in the list of Indian

tribes with a shared group identity

reasonably traced to the 37 sets of

Native American human remains and

ten associated funerary objects.

On page 66695, in the second column,

in the third paragraph, include the

Pueblo of Santa Ana in the list of

notified Indian tribes.

On page 66695, in the third column,

in the first paragraph, include the

Pueblo of Santa Ana, the Pueblo of

Santa Clara, and the Pueblo of Santo

Domingo in the list of Indian tribes to

whom the 37 sets of Native American

human remains and ten associated

funerary objects may be repatriated.

Dated: February 5, 1997.

Francis P. McManamon,

Departmental Consulting Archeologist,

Manager, Archeology and Ethnography

Program.

[FR Doc. 97–3684 Filed 2–13–97; 8:45 am]

BILLING CODE 4310–70–F

Notice of Inventory Completion for

Native American Human Remains and

Associated Funerary Objects from

near Yerington, Nevada, in the

Possession of the Nevada State

Museum, Carson City, NV

AGENCY: National Park Service, Interor.

ACTION: Notice.

Notice is hereby given in accordance

with provisions of the Native American

Graves Protection and Repatriation Act

(NAGPRA), 25 U.S.C. 3003 (d), of the

completion of an inventory of human

remains and associated funerary objects

near Yerington, Nevada, in the

possession of the Nevada State Museum,

Carson City, NV.

A detailed assessment of the human

remains and associated funerary objects

was made by the Nevada State Museum

professional staff in consultation with

representatives of the Yerington Paiute

Tribe.

Before 1970, human remains

representing one individual were

collected by an unknown person and

delivered to the Nevada State Museum.

‘‘Yerington’’ was written on the box the

human remains were delivered in. No

known individual was identified. No

associated funerary objects are present.

Morphological evidence indicates this

individual is Native American based on

cranial shape and dental traits. One

tooth in the cranium shows pre-contact

type wear and lingual tilting, supporting

precontact but otherwise unknown age.

Historic and ethnographic evidence

indicates only the Yerington Paiute

Tribe has occupied the Yerington area

in historic times, and no non-Paiute

precontact cultures have been identified

within the Yerington area. Oral tradition

presented by representatives of the

Yerington Paiute Tribe supports this

conclusion.

In 1984, human remains representing

one individual were recovered during

water line construction by the City of

Yerington, Nevada. No known

individual was identified. The 759

associated funerary objects include: 12

white buttons, one blue button, and 745

turquoise-colored, blue and black glass

trade beads.

Morphological evidence indicates this

individual is Native American based on

cranial shape and dental traits. The

associated funerary objects date this

burial to after 1840. The manner of

internment and the presence of glass

beads and clothing buttons are

consistent with Northern Paiute burials

in this region. Consultation evidence

indicates the Yerington Paiute Tribe has

occupied this area since precontact

times. Historic and ethnographic

evidence indicates only the Yerington

Paiute Tribe has occupied the Yerington

area in historic times, and no non-Paiute

precontact cultures have been identified

within the Yerington area.

In 1987, human remains representing

one individual were recovered from

Smith Valley, Lyon County, NV, by the

Nevada Division of Investigations and

turned over to the Nevada State

Museum when it was determined to be

a Native American individual. No

known individual was identified. No

associated funerary objects are present.

Historic and ethnographic evidence

indicates only the Yerington Paiute

Tribe has occupied the Yerington area

in historic times, and no non-Paiute

precontact cultures have been identified

within the Yerington area. Oral tradition

presented by representatives of the

Yerington Paiute Tribe support this

conclusion.

In May of 1990, human remains

representing one individual was found

by a private citizen near Yerington,

Nevada, and reported to the Lyon

County Sheriff’s Office. No known

individual was identified. The eight

associated funerary objects include:

denim jeans, a wool army jacket, a

braided hackamore bosal, metal rings

and leather representing a saddle, and