[Federal Register: July 20, 1998 (Volume 63, Number 138)]
[Rules and Regulations]               
[Page 38757-38758]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jy98-16]

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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 190, 191, 192, 193, 195, and 199

[Docket No. RSPA-97-2251; Amdt Nos. 190-8; 191-13; 192-84; 193-15; 194-
2; 195-61; 198-3; 199-17]
RIN 2137-AD03

 
Pipeline Safety: Periodic Updates to Pipeline Safety Regulations 
(1997)

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Removal of direct final rule amendment.

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SUMMARY: This document removes an amendment in a direct final rule 
titled, ``Periodic Updates to the Pipeline Safety Regulations'' (63 FR 
7721), published on February 17, 1998, and restores the regulatory text 
that existed prior to the direct final rule. The final rule updated 
references to voluntary specifications

[[Page 38758]]

and standards incorporated by reference, and made various 
clarifications and grammatical corrections. The other amendments made 
by the direct final rule became effective on May 4, 1998.

DATES: The removal of the amendment is effective July 20, 1998.

ADDRESSES: Comments should be sent to the Dockets Facility, U.S. 
Department of Transportation, Plaza 401, 400 Seventh Street, SW, 
Washington, DC 20590-0001. Comments should identify the docket number 
(RSPA-97-2251). Persons should submit the original document and one (1) 
copy. Persons wishing to receive confirmation of receipt of their 
comments must include a self-addressed, stamped postcard. The Dockets 
Facility is located on the plaza level of the Nassif Building in Room 
Number 401, 400 Seventh Street, SW, Washington, DC. The Dockets 
Facility is open from 10:00 a.m. to 5:00 p.m., Monday through Friday, 
except on Federal holidays when the facility is closed.

FOR FURTHER INFORMATION CONTACT: Eben M. Wyman, (202) 366-0918, or by 
e-mail (eben.wyman@rspa.dot.gov), regarding the subject matter of this 
Notice; or the Dockets Unit, (202) 366-4453, for copies of this final 
rule or other material in the docket. Further information can be 
obtained by accessing OPS' Internet Home Page at: ops.dot.gov.

SUPPLEMENTARY INFORMATION:

Partial Withdrawal

    Under Clarifications of the direct final rule, Sec. 192.614(c)(5) 
requires operators to ``Provide for temporary marking of buried 
pipelines in the area of excavation activity before, as far as 
practical, the activity begins.'' RSPA believed that this requirement 
could be confusing to the reader in terms of interpreting the meaning 
of ``as far as practical.'' Therefore, RSPA amended the paragraph to 
require temporary marking of buried pipelines before excavation 
activities begins ``except in emergency situations.''
    Based on a comment to this clarification, RSPA is removing this 
change from this direct final rule. The comment was based on the 
interpretation of the phrase ``as far as practical.'' RSPA did not mean 
to distort the language of the regulation, only to clarify that 
operators would not be responsible for marking in an emergency 
situation. However, based on feedback from the pipeline industry and 
other regulatory parties within RSPA, it was determined that the 
original language better served the reader of the regulation. RSPA 
plans to issue an interpretation of the language in Sec. 192.614 to 
clarify its meaning.

PART 193--[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, 60118; and 49 CFR 1.53.

    2. Paragraph (c)(5) of Sec. 192.614 is revised to read as follows:


Sec. 192.614  Damage prevention program.

* * * * *
    (c) * * *
    (5) Provide for temporary marking of buried pipelines in the area 
of excavation activity before, as far as practical, the activity 
begins.
* * * * *
    Issued in Washington, DC, on July 10, 1998.
Kelley S. Coyner,
Deputy Administrator.
[FR Doc. 98-18910 Filed 7-17-98; 8:45 am]
BILLING CODE 4910-60-P