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Federal Register / Vol. 70, No.

13 / Friday, January 21, 2005 / Notices 3255

Modification
Application Docket No. Applicant Regulation(s) affected of Nature of exemption thereof
No. exemption

13961–M ....... RSPA–04–19297 3AL Testing Corpora- 49 CFR 172.203(a); 13961 To reissue the exemption originally issued
tion Denver, CO. 172.301(c); on an emergency basis for the transpor-
180.205(f),(g); tation of DOT Specification 3AL cylinders
180.209(a). containing Division 2.1, 2.2 and 2.3 mate-
rials when retested by a 100% ultrasonic
examination in lieu of the internal visual
and hydrostatic retest.
13997–M ....... RSPA–04–19643 Maritime Helicopters 49 CFR 172.101(9b); 13997 To reissue the exemption originally issued
Homer, AK. 172.302(c). on an emergency basis for the transpor-
tation of a Division 2.1 mateial in DOT
Specification 51 portable tanks that ex-
ceed the quantities limitation by cargo air-
craft.
13998–M ....... RSPA–04–19651 3 AL Testing Corp. 49 CFR 172.203(a); 13998 To reissue the exemption originally issued
Denver, CO. 172.302a(b)(2), on an emergency basis for the transpor-
(4)(5); tation of DOT Specification 3A, 3AA, 3BN
180.205(f)(g); cylinders containing Division 2.1, 2.2 and
180.209(a), 2.3 materials when retested by a 100%
(b)(1)(iv). ultrasonic examination in lieu of the inter-
nal visual and hydrostatic retest.
14005–M ....... RSPA–04–19585 Scientific Cylinder 49 CFR 17.203(a), 14005 To reissue the exemption originally issued
International, LLC 172.301(c), on an emergency basis for the transpor-
Castle Rock, CO. 180.205(f)(4), tation of DOT Specification 3A, 3AA, 3BN
180.205(g), cylinders containing Division 2.1, 2.2 and
180.209(a). 2.3 materials when retested by a 100%
ultrasonic examination in lieu of the inter-
nal visual and hydrostatic retest.
14006–M ....... RSPA–04–19586 Scientific Cylinder 49 CFR 172.203(a), 14006 To reissue the exemption originally issued
International, LLC 172.301(c), on an emergency basis for the transpor-
Castle Rock, CO. 180.205(f)(4), tation of DOT Specification 3 AL cylinders
180.205(g), containing Division 2.1, 2.2 and 2.3 mate-
180.209(a). rials when retested by a 100% ultrasonic
examination in lieu of the internal visual
and hydrostatic retest.

[FR Doc. 05–1060 Filed 1–19–05: 8:45am] 2004, and was the subject of RSPA/OPS management performance, including at
BILLING CODE 4909–60–M Advisory Bulletin ADB–04–02 (69 FR least four overall performance measures
43881) which published on July 22, specified in ASME/ANSI B31.8S,
2004. This document provides ‘‘Managing System Integrity of Gas
DEPARTMENT OF TRANSPORTATION additional guidance for operators Pipelines’’, Section 9.4. The same
regarding on-line reporting that will be regulation requires that each operator
Research and Special Programs available for the report due in February submit the four overall performance
Administration 2005 and subsequent reports. measures to RSPA/OPS semi-annually.
FOR FURTHER INFORMATION CONTACT: The acceptable means for submitting
Pipeline Safety: Semi-Annual reports required by Subpart O are in 49
Zach Barrett by phone at (405) 954–5559
Reporting of Performance Measures CFR 192.951. That regulation specifies
or by e-mail at zbarrett@tsi.jccbi.gov,
for Gas Transmission Pipeline Integrity an address for submission by mail,
regarding the subject matter of this
Management includes a facsimile number, and
Advisory Bulletin. General information
AGENCY: Office of Pipeline Safety (OPS), about the RSPA/OPS programs may be provides that submissions may be made
Research and Special Programs obtained by accessing RSPA’s home through the online reporting system
Administration (RSPA), DOT. page at http://RSPA.dot.gov. provided by RSPA/OPS for electronic
ACTION: Notice; issuance of advisory SUPPLEMENTARY INFORMATION: reporting. The electronic system is
bulletin. available at the RSPA/OPS Home Page
Background at http://ops.dot.gov. The electronic
SUMMARY: This document provides On December 15, 2003 (68 FR 69778) submission form for integrity
guidance to operators of gas RSPA/OPS published a new Subpart O management performance measures is
transmission pipelines regarding semi- to the regulations governing safety of gas available from the ‘‘Gas IMP Reporting’’
annual reporting of performance pipelines in 49 CFR part 192. Subpart O link on that page.
measures for integrity management. establishes requirements governing Advisory Bulletin ADB–04–02
Operators of gas transmission pipelines integrity management programs for gas informed natural gas transmission
subject to Subpart O, ‘‘Pipeline Integrity transmission pipelines. Included among pipeline operators that the initial
Management,’’ must submit four overall these provisions (49 CFR 192.945) are performance measures submission
measures of their integrity management requirements for each transmission required by August 31, 2004, could be
performance on a semi-annual basis. pipeline operator to maintain abbreviated, in recognition of the
The first report was due August 31, quantitative measures of its integrity developmental state of operator integrity

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3256 Federal Register / Vol. 70, No. 13 / Friday, January 21, 2005 / Notices

management programs. This advisory Advisory Bulletin ADB–04–02 advised Issued in Washington, DC, on January 12,
bulletin provides additional information operators that the quantitative 2005.
concerning on-line reporting of performance measures would not be Stacey L. Gerard,
performance measures for the report due required for the first (August 31, 2004) Associate Administrator for Pipeline Safety.
in February 2005. report. That report, instead, allowed [FR Doc. 05–1061 Filed 1–14–05; 9:11 am]
Advisory Bulletin (ADB–05–01) operators to report that they had begun BILLING CODE 4910–60–P
assessment activities by June 17, 2004,
To: Operators of gas transmission in conformance with the Pipeline Safety
pipelines. DEPARTMENT OF TRANSPORTATION
Subject: Semi-Annual Reporting of Improvement Act of 2002 (codified at 49
Integrity Management Performance U.S.C. 60109(c)).
Surface Transportation Board
Measures in 49 CFR 192.945. The December 17, 2004, deadline for
[STB Finance Docket No. 34641]
Purpose: To provide guidance to identifying high consequence areas has
operators for making required semi- now passed. Operators should be aware Nicholas B. Temple and Eric Temple—
annual submission of performance of how many miles of their pipeline Control Exemption—Central
measures for integrity management. system are in high consequence areas Washington Railroad Company
Advisory: Operators are required by and where those areas are located.
49 CFR 192.945 to submit integrity Operators should have all of the Nicholas B. Temple and Eric Temple
management performance measures information needed for the overall (Petitioners), noncarrier individuals,
semi-annually. RSPA/OPS developed an quantitative performance measures have filed a verified notice of exemption
electronic form to facilitate submission required by the rule. Operators must for Petitioners to control Central
of the required measures. This form is Washington Railroad Company (CWA),
include the quantitative information in
available on the RSPA/OPS Home Page upon CWA’s becoming a Class III rail
their February 2005 reports and in
(http://ops.dot.gov) for ‘‘Gas IMP carrier.
subsequent semi-annual submissions, The transaction was expected to be
Reporting’’. RSPA/OPS strongly
encourage operators to submit data unless the requirement is changed by consummated on or after December 29,
using the electronic form, since this future rulemaking. The February 2005 2004.
minimizes future transcription and report should include data covering all This transaction is related to the
handling, and lessens the chance for of calendar year 2004, (i.e., it should concurrently filed verified notice of
error. Operators may also submit the include the quantitative data that would exemption in STB Finance Docket No.
information by mail or facsimile, have been reported in August 2004 but 34640, Central Washington Railroad
addressed to RSPA/OPS, 400 7th Street, for which reporting was deferred by the Company—Lease and Operation
SW., Room 2103, Washington, DC earlier advisory bulletin.) Failure to Exemption—The Burlington Northern
20590. The fax number is (202) 366– submit performance measures in and Santa Fe Railway Company. In that
4566. Please clearly notate your accordance with the rule could result in proceeding, CWA seeks to lease, from
correspondence with ‘‘Gas IMP enforcement action. The Burlington Northern and Santa Fe
Reporting’’. The electronic report form provides a Railway Company, and operate
The four overall performance template with data fields that operators approximately 41.57 miles of rail line in
measures that gas transmission pipeline Washington State and to acquire
can complete to submit the required
operators are required to submit are the: specified incidental trackage rights.
1. Number of pipeline miles inspected quantitative performance measures for
Petitioners also control the Columbia
versus program requirements; 2004 (report due February 28, 2005). Basin Railroad Company, Inc. (CBRW),
2. Number of immediate repairs Operators who submit by mail or which leases and operates property in
completed as a result of the integrity facsimile should similarly include all of the State of Washington.1
management inspection program; the quantitative information required by Petitioners state that: (1) The railroads
3. Number of scheduled repairs the rule and the referenced standard. do not connect with each other or any
completed as a result of the integrity The rule does not now require that railroad in their corporate family; (2) the
management program; and performance measures be submitted transaction is not part of a series of
4. Number of leaks, failures, and separately for each state in which a anticipated transactions that would
incidents (classified by cause). pipeline operator operates. State connect the railroads with each other or
With respect to the first performance any railroad in their corporate family;
pipeline safety authorities will have
measure, the phrase ‘‘versus program and (3) the transaction does not involve
requirements’’ refers to the number of significant involvement in oversight of
the implementation of integrity a Class I carrier. Therefore, the
miles of the operator’s pipeline system transaction is exempt from the prior
that require assessment in accordance management requirements for gas
transmission pipelines and performance approval requirements of 49 U.S.C.
with Subpart O, (i.e., the number of 11323. See 49 CFR 1180.2(d)(2).
miles in high consequence areas.) measure information for their state will
Under 49 U.S.C. 10502(g), the Board
Operators were not required to have be useful for prioritizing and managing
may not use its exemption authority to
developed their integrity management this work. RSPA/OPS is considering a relieve a rail carrier of its statutory
programs and baseline inspection plans change to the rule that would require obligation to protect the interests of its
until December 17, 2004, and thus may operators to report separately for each employees. Section 11326(c), however,
not have known the total number of state in which they have transmission does not provide for labor protection for
miles that would require assessment at pipeline. In the meantime, RSPA/OPS transactions under sections 11324 and
the time the first report was due (August encourages operators with transmission 11325 that involve only Class III rail
31, 2004). Similarly, operators may not pipeline in more than one state to carriers. Accordingly, the Board may not
have known, at that time, what repairs submit their integrity management impose labor protective conditions here,
were reportable, since they may not performance measure information
have known which were made in high separately for each state. 1 Each Petitioner has a 50% ownership interest in

consequence areas. For these reasons, CBRW.

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