Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Proposed Rules 14717

List of Subjects

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.

In consideration of the foregoing,

RSPA proposes to amend 49 CFR parts

192 and 195 to read as follows:

PART 192—[AMENDED]

1. The authority citation for part 192

is revised to read as follows:

Authority: 49 U.S.C. 5102, 60102, 60104,

60108, 60109, 60110, 60113, 60118; 49 CFR

1.53.

2. Section 192.614 would be amended

by revising paragraph (a), by removing

paragraph (c)(4), by redesignating

paragraphs (b) and (c) as (c) and (d), by

revising the introductory text of newly

redesignated (c)(2), and by adding

paragraphs (b) and (e) as follows:

§ 192.614 Damage Prevention Program.

(a) Except as provided in paragraphs

(d) and (e) of this section, each operator

of a buried pipeline shall carry out in

accordance with this section a written

program to prevent damage to that

pipeline by excavation activities. For

the purpose of this section, ‘‘excavation

activities’’ include excavation, blasting,

boring, tunneling, backfilling, the

removal of above ground structures by

either explosive or mechanical means,

and other earth moving operations.

(b) An operator may comply with any

of the requirements of paragraph (c) of

this section through participation in a

public service program, such as a onecall system, but such participation does

not relieve the operator of responsibility

for compliance with this section.

However, an operator must perform the

duties of paragraph (c)(3) of this section

through participation in a one-call

system, if that one-call system qualifies

under either of the following:

(1) The state has adopted a one-call

damage prevention program under

§ 198.37 of this chapter; or

(2) The one-call system—

(i) Is operated in accordance with

§ 198.39 of this chapter;

(ii) Provides a pipeline operator an

opportunity similar to a voluntary

participant to have a part in

management responsibilities; and

(iii) Assesses a participating pipeline

operator a fee that is not

disproportionate to the costs of the onecall system’s coverage of the operator’s

pipeline.

(c) * * *

(2) Provide for notification of the

public in the vicinity of the pipeline

and actual notification of the persons

identified in paragraph (c)(1) of this

section of the following as often as

needed to make them aware of the

damage prevention program: * * *

* * * * *

(e) Pipelines operated by persons

(including operators of master meters)

whose primary activity does not include

the transportation of gas need not

comply with the following:

(1) The requirement of paragraph (a)

of this section that the damage

prevention program be written; and

(2) The requirements of paragraphs

(c)(1) and (c)(2) of this section.

PART 195—[AMENDED]

3. The authority citation for part 195

is revised to read as follows:

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

60109; 49 CFR 1.53.

4. Section 195.442 would be amended

by revising paragraph (a), by

redesignating paragraphs (b) and (c) as

(c) and (d), by revising the introductory

text of newly redesignated (c)(2), and

adding paragraph (b) to read as follows:

§ 195.442 Damage Prevention Program.

(a) Except as provided in paragraph

(d) of this section, each operator of a

buried pipeline shall carry out in

accordance with this section a written

program to prevent damage to that

pipeline by excavation activities. For

the purpose of this section, ‘‘excavation

activities’’ include excavation, blasting,

boring, tunneling, backfilling, the

removal of above ground structures by

either explosive or mechanical means,

and other earth moving operations.

(b) An operator may comply with any

of the requirements of paragraph (c) of

this section through participation in a

public service program, such as a onecall system, but such participation does

not relieve the operator of responsibility

for compliance with this section.

However, an operator must perform the

duties of paragraph (c)(3) of this section

through participation in a one-call

system, if that one-call system qualifies

under either of the following:

(1) The state has adopted a one-call

damage prevention program under

§ 198.37 of this chapter; or

(2) The one-call system—

(i) Is operated in accordance with

§ 198.39 of this chapter;

(ii) Provides a pipeline operator an

opportunity similar to a voluntary

participant to have a part in

management responsibilities; and

(iii) Assesses a participating pipeline

operator a fee that is not

disproportionate to the costs of the onecall system’s coverage of the operator’s

pipeline.

(c) * * *

(2) Provide for notification of the

public in the vicinity of the pipeline

and actual notification of persons

identified in paragraph (c)(1) of this

section of the following as often as

needed to make them aware of the

damage prevention program: * * *

* * * * *

Issued in Washington, D.C. on March 14,

1995.

George W. Tenley, Jr.,

Associate Administrator for Pipeline Safety.

[FR Doc. 95–6724 Filed 3–17–95; 8:45 am]

BILLING CODE 4910–60–P

National Highway Traffic Safety

Administration

49 CFR Chapter V

[Docket No. 95–16, Notice 01]

Meeting on Regulatory Reform

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Notice of public meeting;

request for comments.

SUMMARY: This notice announces a

public meeting at which NHTSA will

seek information from the public on

regulatory reform actions the agency

should take related to its motor vehicle

regulations. This notice also invites

written comments on the same subject.

DATES: Public meeting: The meeting will

be held on March 29, 1995 at 1:00 p.m.

Those wishing to make oral

presentations at the meeting should

contact Deborah Parker, at the address

or telephone number listed below, by

March 27, 1995.

Written comments: Written comments

are due by April 7, 1995.

ADDRESSES: Public meeting: The public

meeting will be held at the following

location: Ramada Inn (near the Detroit

Metro Airport), 8270 Wickham Road,

Romulus, MI 48174.

Written comments: All written

comments should be mailed to the

Docket Section, National Highway

Traffic Safety Administration, Room

5109, 400 7th Street SW., Washington,

DC 20590. Please refer to the docket

number when submitting written

comments.

FOR FURTHER INFORMATION CONTACT:

Deborah Parker, Director, Special

Projects Staff, NPS 01.1, NHTSA, 400

7th Street SW., Washington, DC 20590

(telephone 202–366–4931).
14718 Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Proposed Rules

SUPPLEMENTARY INFORMATION: Calling for

a new approach to the way Government

regulates the private sector President

Clinton asked Executive Branch

agencies to report to him by June 1,

1995, on ways to improve the regulatory

process. Specifically, the President

requested that agencies: (1) Cut obsolete

regulations; (2) reward agency and

regulator performance by rewarding

results, not red tape; (3) create

grassroots partnerships by meeting,

outside of Washington, D.C., with those

affected by regulations and other

interested parties; and (4) use

consensual rulemaking, such as

regulatory negotiation, more frequently.

This public meeting will help NHTSA

to comply with the President’s

directives.

The Agency is focusing at this time on

items (1) and (4) described above. For

item (1), cut obsolete regulations, the

President requested that we ‘‘conduct a

page-by-page review of all. . .agency

regulations now in force and eliminate

or revise those that are outdated or

otherwise in need of reform.’’ The

President requested that our review

include consideration of at least the

following:

‘‘ • Is this regulation obsolete?

• Could its intended goal be achieved

in more efficient, less intrusive ways?

• Are there better private sector

alternatives, such as market

mechanisms, that can better achieve the

public good envisioned by the

regulation?

• Could private business, setting its

own standards and being subject to

public accountability, do the job as

well?

• Could the States or local

governments do the job, making Federal

regulation unnecessary? ’’

To assist NHTSA in responding to

this directive, the public’s views on

which Motor Vehicle-related regulations

(standards, rules, etc., are all used

interchangeably for this purpose) should

be rescinded or revised are requested

(the agency also is reviewing its nonmotor vehicle related regulations but

they are not the subject of this meeting).

Both administratively issued and

statutorily mandated regulations are the

subject of this review. Suggestions

should be accompanied by a rationale

for the action and the expected

consequences. Recommendations

should be based on at least the

following considerations:

• Cost-effectiveness.

• Administrative/compliance

burdens.

• Whether the standard is

performance-oriented, as opposed to

design-oriented or is technologyrestricting.

• Small business effects.

• Frequency of rulemaking to amend

or clarify requirements (including

inconsequentiality petitions).

• Availability of voluntary industry

standards.

• Obsolete requirements.

• Enforceability of the standard.

• Whether the standard reflects a

‘‘common sense’’ approach to solving

the problem.

In considering the consequences of

any recommendation please provide the

best available information on any effects

on safety, consumer costs, regulated

party testing/certification costs, small

business impacts, competition, etc.

By motor vehicle-related regulations,

NHTSA means all those standards/rules

related to safety, fuel economy, theft,

consumer information, damageability,

and domestic content. The standards

themselves and all related recordkeeping and procedural requirements

are included. Parts 520–594 of Title 49,

Transportation, of the Code of Federal

Regulations are encompassed.

The public meeting will be held in

conjunction with and immediately after

the agency’s previously scheduled

quarterly technical meeting.

With regard to item (4), consensual

rulemaking, the agency wants

recommendations on which active

rulemakings—not those rules already in

effect—would be appropriate candidates

for the regulatory negotiation process.

Bear in mind that these must be

rulemakings in which the various

interested parties would be willing to

negotiate solutions. Currently, the

agency is conducting a regulatory

negotiation on the subject of optical

headlamp aim.

Procedural Matters

As noted at the beginning of this

notice, persons wishing to speak at the

public meeting should contact Deborah

Parker by the indicated date. To

facilitate communication, NHTSA will

provide auxiliary aids (e.g., signlanguage interpreter, braille materials,

large print materials and/or a

magnifying device) to participants as

necessary, during the meeting. Thus,

any person desiring assistance of

auxiliary aids should contact Ms.

Barbara Carnes, NHTSA Office of Safety

Performance Standards, telephone (202)

366–1810, no later than March 23, 1995.

Those speaking at the public meeting

should limit their presentation to 20

minutes. If the presentation will include

slides, motion pictures, or other visual

aids, the presenters should bring at least

one copy to the meeting so that NHTSA

can readily include the material in the

public record.

NHTSA staff at the meeting may ask

questions of any speaker, and any

participant may submit written

questions for the NHTSA staff, at its

discretion, to address to other meeting

participants. There will be no

opportunity for participants directly to

question each other. If time permits,

persons who have not requested time,

but wold like to make a statement, will

be afforded an opportunity to do so.

A schedule of participants making

oral presentation will be available at the

designated meeting room. NHTSA will

place a copy of any written statement in

the docket for this notice. A verbatim

transcript of the meeting will be

prepared and also placed in the NHTSA

docket as soon as possible after the

meeting.

Participation in the meeting is not a

prerequisite for the submission of

written comments. NHTSA invites

written comments from all interested

parties. It is requested but not required

that 10 copies be submitted.

If a commenter wishes to submit

certain information under a claim of

confidentiality, three copies of the

complete submission, including

purportedly confidential business

information, should be submitted to the

Chief Counsel, NHTSA, at the street

address given above, and copies from

which the purportedly confidential

information has been deleted should be

submitted to the Docket Section. A

request for confidentiality should be

accompanied by a cover letter setting

forth the information specified in the

agency’s confidential business

information regulation. 49 CFR Part 512.

All comments received before the

close of business on the comment

closing date indicated above will be

considered. Comments will be available

for inspection in the docket.

NHTSA will continue to file relevant

information as it becomes available in

the docket after the closing date. It is

therefore recommended that interested

persons continue to examine the docket

for new material.

Issued: March 14, 1995.

Barry Felrice,

Associate Administrator for Safety

Performance Standards.

[FR Doc. 95–6777 Filed 3–15–95; 1:03 pm]

BILLING CODE 4910–59–P