14714 Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Proposed Rules

State City/town/county Source of flooding Location

#Depth in feet above

ground. *Elevation in

feet.

(NGVD)

Existing Modified

200 feet downstream of confluence with

Tributary 2.

None *1,370

200 feet downstream of confluence with

South Fork of Indian Creek.

None *1,375

100 feet downstream of Indian Creek

Drive.

None *1,390

At corporate limits ..................................... None *1,393

South Fork of Indian

Creek.

At confluence with Indian Creek ............... None *1,376

50 feet upstream of Indian Creek Drive ... None *1,391

At western corporate limits ....................... None *1,416

Horse Creek ...................... At confluence with Indian Creek ............... None *1,348

At upstream face of Summit Avenue ........ None *1,360

At southern corporate limits ...................... None *1,374

Tributary 1 ......................... At confluence with Indian Creek ............... None *1,342

50 feet upstream of Central Avenue (U.S.

Highway 67)—.

None *1,361

100 feet upstream of Walcott Avenue ...... None *1,374

At downstream face of Austin Street ........ None *1,394

Tributary 2 ......................... At confluence with Indian Creek ............... None *1,371

50 feet upstream of Central Avenue (U.S.

Highway 67).

None *1,381

100 feet upstream of State Highway 36 ... None *1,395

1,000 feet upstream of FM 1689 .............. None *1,420

Tributary 3 ......................... At confluence with Indian Creek ............... None *1,372

100 feet upstream of Indian Creek Drive . None *1,390

At southern corporate limits ...................... None *1,428

Tributary 4 ......................... At confluence with Tributary 3 .................. None *1,420

At limit of study ......................................... None *1,435

Tributary 5 ......................... At downstream face of State Highway 16 None *1,351

100 feet upstream of airport runway ........ None *1,373

At limit of study ......................................... None *1,401

Maps are available for inspection at City Hall, City of Comanche, 114 West Central, Comanche, Texas.

Send comments to The Honorable Johnny Livingston, Mayor, City of Comanche, 114 West Central, Comanche, Texas 76442.

(Catalog of Federal Domestic Assistance No.

83.100, ‘‘Flood Insurance’’)

Dated: March 13, 1995.

Richard T. Moore,

Associate Director for Mitigation.

[FR Doc. 95–6764 Filed 3–17–95; 8:45 am]

BILLING CODE 6718–03–M

DEPARTMENT OF TRANSPORTATION

Research and Special Programs

Administration

49 CFR Parts 192 and 195

[Docket No. PS–101A]

RIN 2137–AC 57

Mandatory Participation in Qualified

One-Call Systems by Pipeline

Operators

AGENCY: Research and Special Programs

Administration (RSPA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This notice proposes to

require that operators of onshore gas,

hazardous liquid, and carbon dioxide

pipelines participate in qualified onecall systems as part of the required

excavation damage prevention

programs. The proposed rule would also

limit the current exclusion of certain

small gas systems from compliance with

the damage prevention program

requirements.

This notice is accompanied by a final

rule (Docket No. PS–101), which

addresses other requirements for

excavation damage prevention programs

and line markers. This notice and the

final rule are intended to reduce

excavation damage, the largest single

cause of pipeline failures.

DATES: Interested persons are invited to

submit written comments in duplicate

by May 19, 1995. Late filed comments

will be considered to the extent

practicable. Interested persons should

submit as part of their written

comments all of the material that is

considered relevant to any statement of

fact or argument made.

ADDRESSES: Written comments must be

submitted in duplicate and mailed or

hand delivered to the Dockets Unit,

Room 8421, U.S. Department of

Transportation, RSPA, 400 Seventh

Street, SW., Washington, DC 20590–

0001. Please identify the docket and

notice numbers stated in the heading of

this notice. All comments and materials

cited in this document will be available

for inspection and copying in Room

8421 between 8:30 a.m. and 4:30 p.m.

each business day. Non-federal

employee visitors are admitted to the

DOT headquarters building through the

southwest quadrant at Seventh and E

Streets.

FOR FURTHER INFORMATION CONTACT:

Albert Garnett, (202) 366–2036, or

Christina Sames, (202) 366–4561,

regarding the content of this notice; or

the Dockets Unit, (202) 366–5046, for

copies of this document or other

material in the docket.

SUPPLEMENTARY INFORMATION:

Related Document

RSPA has issued a final rule titled

‘‘Excavation Damage Prevention

Programs for Gas and Hazardous Liquid

and Carbon Dioxide Pipelines’’ (Docket

No. PS–101). The final rule addresses
Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Proposed Rules 14715

aspects of damage prevention programs

that were proposed in a notice of

proposed rulemaking (NPRM) titled

‘‘Natural Gas and Hazardous Liquid

Pipeline Damage Prevention Program’’

(53 FR 24747; June 30, 1988). In

particular, the final rule amends the

pipeline safety regulations by (1)

extending existing requirements

governing excavation damage

prevention programs for gas pipelines in

urban areas to gas pipelines in rural

areas; (2) establishing excavation

damage prevention program

requirements for hazardous liquid and

carbon dioxide pipelines; (3) requiring,

with limited exceptions, line markers

for gas transmission lines in urban

areas; and (4) permitting smaller

lettering on line markers for hazardous

liquid and carbon dioxide pipelines in

heavily developed urban areas.

This NPRM proposes to amend

§§ 192.614 and 195.442 of that final rule

by requiring that operators of interstate

and intrastate pipelines participate in

qualified one-call systems. This NPRM

further proposes less stringent standards

for the participation of small entities,

including operators of master meter

systems (defined by 49 CFR 191.3),

whose primary activity does not include

the transportation of gas.

One-Call Systems

A one-call system is a communication

system established individually or

jointly by utilities, government agencies,

or other operators of underground

facilities to provide a single telephone

number (other methods of

communication are also used) for

excavators and the general public to call

to notify participating members of their

intent to engage in excavation activities.

Notices of intent to excavate are

received by the operational center and

are transmitted to the operators of

underground pipeline facilities and

other underground facilities that

participate in the system. Upon receipt

of notices of intended excavation

activities, participating operators that

have underground facilities in that

vicinity arrange for the timely

identification and the temporary

marking of their underground facilities.

Underground operators may inspect the

site during the excavation activities to

insure the safety of their underground

facilities.

National One-Call Campaign

Presently, there are 74 one-call

systems in the United States operating

in 48 states and the District of

Columbia. Not all of the operating onecall systems meet the qualifications of a

‘‘one-call notification system,’’ as

defined in 49 CFR 198.39. Two states

and Puerto Rico are currently without a

one-call system.

Approximately 45 states and the

District of Columbia have damage

prevention laws that, to a varying

extent, govern the activities performed

by excavators and persons locating and

temporarily marking underground

facilities. However, most of the existing

state damage prevention programs do

not meet all of the requirements of

§ 198.37, ‘‘State one-call damage

prevention program.’’

To address the problem of incomplete

national one-call coverage and the

deficiencies in some of the existing onecall systems, RSPA has launched a

national campaign to encourage states to

adopt improved one-call notification

systems. The national campaign will

target states for concentrated outreach to

assist these states in their efforts to

upgrade their current one-call systems.

The national campaign will also work

with selected states currently without

one-call legislation or where there is a

need to strengthen the one-call

legislation.

Notice of Proposed Rulemaking (Docket

No. PS–101)

The issue of mandatory participation

in one-call systems by pipeline

operators was touched upon, but not

proposed, in the NPRM titled ‘‘Natural

Gas and Hazardous Liquid Pipeline

Damage Prevention Program’’ (53 FR

24747; June 30, 1988). The NPRM

requested comments on: (1) Whether

RSPA should require pipeline operators

to participate in a one-call system, even

though other underground utilities are

not required to participate; and (2)

Whether RSPA should require

mandatory participation where state or

local law requires participation by other

utilities.

Comments to the NPRM

Of the 43 comments received to

question (1), 17 were in full or partial

support and 26 were opposed. Among

those in support, a state regulatory

agency recommended that operators not

be required to participate if the service

available is insufficient for the

operators’ needs or unreasonably priced

for the service rendered. A municipal

utility, opposed to mandatory

participation, stated that if an excavator

must make more than one call, there is

no true one-call system.

Thirty commenters to question (2)

expressed full or partial support, and

seven were opposed. Among those in

support, a state regulatory agency said

that requiring interstate operators to

participate in one-call programs would

enhance public safety. A gas

transmission company, opposed to

mandatory participation, stated that

until one-call systems are required to

meet minimum requirements, gas

pipeline operators should not be singled

out for mandatory participation.

Commenters opposed to mandatory

participation of pipeline operators in

one-call systems based their opposition

on the lack of required participation by

all other operators of underground

utilities and other facilities, the lack of

required participation by all excavators,

and the lack of required standards for

the operation of one-call systems.

However, RSPA finds it significant that

none of the commenters expressed

doubt about the effectiveness of the onecall system concept.

Presentation to Advisory Committees

On September 10 and 11, 1991, RSPA

presented an issue paper titled

‘‘Mandatory Participation in Certain

One-call Systems’’ to its two pipeline

advisory committees, the Technical

Pipeline Safety Standards Committee

and the Technical Hazardous Liquid

Pipeline Safety Standards Committee.

The informal presentation was made to

brief committee members on the topic of

mandatory one-call participation.

Although a formal vote was not taken,

the advisory committees generally

supported the idea of requiring pipeline

operators to participate in a qualified

one-call system.

After the briefing, members discussed

various issues including the overlapping

coverage of a few one-call systems.

RSPA has researched this problem and

has determined that overlapping

coverage occurs in limited areas of

about seven states. In these areas,

pipeline operators with underground

facilities would be required to

participate in both one-call systems.

RSPA, however, recognizes that

excavators having to call two one-call

systems or one-call systems having to

transmit notifications of intent to

excavate between themselves is

confusing and burdensome and

encourages the one-call systems or

states where overlapping coverage

occurs to resolve the issue.

Requests for Mandatory Participation

and the Initiatives of Industry

Several sources have recommended

that the Federal government require all

operators of underground facilities

mandatorily participate in one-call

systems. The Transportation Research

Board (TRB) of the National Research

Council recommended that RSPA

‘‘require gas and liquids pipeline

operators to join existing one-call
14716 Federal Register / Vol. 60, No. 53 / Monday, March 20, 1995 / Proposed Rules

systems * * *’’ (Special Report 219,

‘‘Pipelines and Public Safety’’). TRB

also recommended that one-call systems

meet minimum standards set to provide

the services pipeline operators need.

On August 3, 1994, various

representatives from government and

industry testified before the Senate

Committee on Commerce, Science, and

Transportation on the Comprehensive

One-Call Notification Act of 1994. The

National Transportation Safety Board

recommended the passage of one-call

legislation which would include

requiring full participation by all

organizations that operate buried

facilities. Representatives for the

Interstate Natural Gas Association of

America and for the American Gas

Association also encouraged the passage

of one-call legislation which would

include the requirement that all

operators of underground facilities that

are at risk of being struck by outside

excavators participate in one-call

systems. A representative for the

Association of Oil Pipe Lines also

supported one-call legislation that

would include participation in one-call

systems by excavators and by owners of

underground facilities, including

hazardous liquid pipelines regulated by

RSPA.

The overwhelming support for

mandatory one-call legislation from

both government and industry

representatives supports the need for

the regulations proposed in this notice.

49 CFR Part 198

Pursuant to 49 U.S.C. 60114, DOT was

mandated to require each state, as a

condition to full grant-in-aid, to require

intrastate pipeline operators to

participate in one-call notification

systems. RSPA implemented this

mandate by publishing 49 CFR part 198,

‘‘Grants for Pipeline Safety Programs:

State Adoption of One-Call Damage

Prevention Program’’ (55 FR 38688;

September 20, 1990).

Not all states have adopted one-call

damage prevention programs that

comply with part 198, nor are all states

seeking to actively and effectively adopt

them. Six states do not participate in the

Federal pipeline safety grant program

and thus do not come under part 198.

In addition, because Federal law

preempts state safety regulations of

interstate pipelines, states with one-call

damage prevention programs meeting

part 198 requirements could have

difficulty enforcing them against

interstate pipelines. Thus, a need exists

for a Federal rule mandating that all

pipelines subject to parts 192 and 195

participate in qualified one-call systems.

Proposed Regulations

RSPA proposes to remove the option

in §§ 192.614(a) and 195.442(a) that

permits a pipeline operator to receive

and record notification of planned

excavation activities rather than to

participate in a qualified one-call

system covering the area where the

operator’s pipeline is located. Moreover,

in response to the concerns expressed

by commenters to the NPRM, RSPA

proposes to require that pipeline

operators only participate in qualified

one-call systems. A one-call system

would be considered qualified if the

state has adopted a one-call damage

prevention program under § 198.37. A

one-call system would also be

considered qualified if it is operated in

accordance with § 198.39, provides a

pipeline operator an opportunity similar

to a voluntary participant to have a part

in management responsibilities, and

does not assess a participating pipeline

operator a fee disproportionate to the

costs of the one-call system’s coverage

of the operator’s pipeline.

RSPA also proposes to extend the

excavation damage prevention program

requirements to petroleum gas systems

subject to § 192.11 and to small gas

systems whose primary activity

includes the transportation of gas.

RSPA proposes to limit the current

exemption for operators of gas systems,

including operators of master meter

systems, whose primary activity does

not include the transportation of gas.

However, the proposed regulations are

sensitive to the minimum resources of

these small operators. These operators

would be exempted from the

requirements to identify persons who

normally engage in excavation activities

in the area in which the pipeline is

located, and to provide for actual

notification of those identified persons

on the damage prevention program’s

existence and purpose and on how to

learn the location of underground

pipelines before excavation activities

begin. These small operators would also

be exempted from the requirement that

the damage prevention program be

written. These operators would still be

required to provide a means of receiving

and recording notification of planned

excavation activities; provide for actual

notification of persons who give notice

of their intent to excavate of the type of

temporary marking to be provided and

how to identify the markings; provide

for temporary marking of buried

pipelines in the area of excavation

activity before, as far as practical, the

activity begins; and provide for the

inspection of the pipelines that the

operator has reason to believe could be

damaged by excavation activities.

Under the current damage prevention

program requirements, a pipeline

operator may voluntarily perform any of

the duties required by the damage

prevention program through

participation in a public service

program, such as a one-call system. This

voluntary participation is still

acceptable to meet the requirements of

the damage prevention program but

such participation does not relieve the

operator of responsibility for

compliance with the damage prevention

program.

Under the proposed regulation,

pipeline operators in areas where onecall systems are not yet established, or

where a qualified one-call system is not

yet in place, would continue to receive

and record the notification of planned

excavation activities with their own

personnel. However, operators would be

required to join a qualified one-call

system once it has been established.

Rulemaking Analyses

Executive Order 12866 and DOT

Regulatory Policies and Procedures

This proposed rule is not considered

a significant regulatory action under

section 3(f) of Executive Order 12866

and, therefore, was not subject to review

by the Office of Management and

Budget. The notice is also not

considered significant under the

Regulatory Policies and Procedures of

the Department of Transportation (44 FR

11034). A regulatory evaluation is

available for review in this docket.

Executive Order 12612

The proposed rule has been analyzed

in accordance with the principles and

criteria in Executive Order 12612

(‘‘Federalism’’), and does not have

sufficient federalism impacts to warrant

the preparation of a federalism

assessment.

Regulatory Flexibility Act

Based on the facts available, I certify

that this proposal will not, if

promulgated, have a significant

economic impact on a substantial

number of small entities. This

certification is subject to modification as

a result of a review of comments

received in response to this proposal.

Paperwork Reduction Act

The cumulative effect of this NPRM

will be no additional increase in the

current information collection burden

requirements for gas pipeline operators

and hazardous liquid and carbon

dioxide operators.
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).