81 FR 54512 - Pipeline Safety: Clarification of Terms Relating to Pipeline Operational Status

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 81, Issue 158 (August 16, 2016)

Page Range		54512-54514
FR Document		2016-19494

PHMSA is issuing this advisory bulletin to all owners and operators (operators) of hazardous liquid, carbon dioxide, and gas pipelines, as defined in 49 Code of Federal Regulations Parts 192 and 195, to clarify the regulatory requirements that may vary depending on the operational status of a pipeline. Further, this advisory bulletin identifies regulatory requirements operators must follow for the abandonment of pipelines. Pipeline owners and operators should verify their operations and procedures align with the regulatory intent of defined terms as described under this bulletin. Congress recognized the need for this clarification in its Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016.

Federal Register, Volume 81 Issue 158 (Tuesday, August 16, 2016)

[Federal Register Volume 81, Number 158 (Tuesday, August 16, 2016)]
[Rules and Regulations]
[Pages 54512-54514]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-19494]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 192 and 195

[Docket No. PHMSA-2016-0075]


Pipeline Safety: Clarification of Terms Relating to Pipeline 
Operational Status

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA); 
DOT.

ACTION: Issuance of Advisory Bulletin.

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SUMMARY: PHMSA is issuing this advisory bulletin to all owners and 
operators (operators) of hazardous liquid, carbon dioxide, and gas 
pipelines, as defined in 49 Code of Federal Regulations Parts 192 and 
195, to clarify the regulatory requirements that may vary depending on 
the operational status of a pipeline. Further, this advisory bulletin 
identifies regulatory requirements operators must follow for the 
abandonment of pipelines. Pipeline owners and operators should verify 
their operations and procedures align with the regulatory intent of 
defined terms as described under this bulletin. Congress recognized the 
need for this clarification in its Protecting our Infrastructure of 
Pipelines and Enhancing Safety Act of 2016.

DATES: August 16, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Linda Daugherty at 816-329-3800 or 
by email to [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    On March 17, 2014, a hazardous liquid pipeline company was notified 
by emergency responders of crude oil leaking up from below the pavement 
in a residential area in Wilmington, California. The leak was close to 
a refinery. The company initially informed the regulator that it had no 
active lines in the area but responded anyway.
    On March 18, 2014, the company excavated the area surrounding the 
leaking oil and learned that the leak originated from a pipeline that 
it owned. The pipeline had been purchased 16 years ago and the company 
understood that the previous operator had properly abandoned and purged 
the pipeline prior to purchase. Regulators determined the pipeline 
leaked due to an internal ``pinhole'' corrosion leak on a weld.
    Subsequent investigations determined that while the pipeline was 
not in operation, its valves were positioned to prevent flow but the 
pipeline had never been purged and cleaned. Some regulators and 
industry representatives informally referred to such pipelines as 
``idled.''
    On May 31, 2015, a 24-inch natural gas ``auxiliary'' pipeline 
crossing the Arkansas River in North Little Rock, Arkansas, failed due 
to vortex-induced vibration after high water levels eroded the ground 
cover and exposed the pipeline to the river's flow. The failure 
released 3,858 cubic feet of natural gas into the atmosphere and 
resulted in the temporary closure of the Arkansas River to vessel 
traffic for five days. The pipeline at the time of the failure was 
isolated by two mainline valves, at an approximate pressure of 700 
pounds per square inch (psig). The pipeline, considered an emergency 
back-up pipeline crossing the river, has not been fully operated since 
1972. However, the company did maintain the pipeline as an active 
pipeline, subject to in-line inspection, cathodic protection, and other 
maintenance requirements.
    On October 28, 2015, Cypress, California, city public works 
employees identified an oil-water mixture on a local road. 
Approximately 28 barrels of oil-water mixture was determined to have 
leaked from an oil pipeline that was believed to have been purged of 
oil prior to deactivation in 1997. The owner of the pipeline had 
purchased it from another company just prior to the failure.
    Congress recognized the need for PHMSA to provide clarification of 
operational terms and ensure all operators are aware of and abide by 
the regulatory requirements for properly abandoning pipelines. In its 
``Protecting our Infrastructure of Pipelines and Enhancing Safety Act 
of 2016,'' Congress required PHMSA to issue an advisory bulletin to 
owners and operators of gas or hazardous liquid pipeline facilities and 
Federal and State pipeline safety personnel regarding procedures 
required to change the status of a pipeline facility from active to 
abandoned, including specific guidance on the terms recognized by the 
Secretary for each pipeline status referred to in such advisory 
bulletin.
    PHMSA regulations do not recognize an ``idle'' status for hazardous 
liquid or gas pipelines. The regulations consider pipelines to be 
either active and fully subject to all relevant parts of the safety 
regulations or abandoned. The process and requirements for pipeline 
abandonment are captured in Sec. Sec.  192.727 and 195.402(c)(10) for 
gas and hazardous liquid pipelines, respectively. These requirements

[[Page 54513]]

include purging all combustibles and sealing any facilities left in 
place. The last owner or operator of abandoned offshore facilities and 
abandoned onshore facilities that cross over, under, or through 
commercially navigable waterways must file a report with PHMSA. PHMSA 
regulations define the term ``abandoned'' to mean permanently removed 
from service (Sec.  192.3).
    A 1998 report by the Research and Special Programs Administration 
(RSPA), a predecessor agency to PHMSA, titled: ``Analysis of Pipeline 
Burial Surveys in the Gulf of Mexico,'' stated: ``Abandonment involves 
the permanent and, for all practical purposes, irreversible process of 
discontinuing the use of a pipeline. The physical asset is abandoned in 
the truest sense of the word; no future use or value is attributed to 
it, and no attempts are made to maintain serviceability. Pipeline 
systems or segments that are not abandoned, but only idled, 
decommissioned, or mothballed, are considered to have the potential for 
reuse at some point in the future. The maintenance and inspection to be 
performed in these cases is a function of the probability of reuse, the 
cost and difficulty of remediation which may be required, and the 
potential impact of the in-place and idled facility on human safety and 
the environment.''
    PHMSA is aware that some pipelines may have been abandoned prior to 
the effective date of the abandonment regulations. Companies may not 
have access to records relating to where these pipelines are located or 
whether they were properly purged of combustibles and sealed. Owners 
and operators have a responsibility to assure facilities for which they 
are responsible or last owned do not present a hazard to people, 
property or the environment.
    In the case study from Wilmington, California, provided above, the 
pipeline company was aware of the pipeline and believed it to have been 
properly abandoned by the previous owner/operator. The pipeline company 
was cited and fined by a State regulator because it did not properly 
maintain the active line or, alternatively, properly abandon the 
pipeline facility.
    Pipelines not currently in operation but that may be used in the 
future are sometimes informally referred to as ``idled,'' ``inactive,'' 
or ``decommissioned.'' These pipelines may be shut down and still 
contain hazardous liquids or gas. Usually, the mainline valves on these 
pipelines are closed, isolating them from other pipeline segments. 
Frequently, blind flanges or welded end caps are used for further 
isolation. Some pipelines do not operate for short periods of time such 
as weeks or months. Other pipelines do not operate for years. If a 
pipeline is not properly abandoned and may be used for the future for 
transportation of hazardous liquid or gas, PHMSA regulations consider 
it an active pipeline. Owners and operators of pipelines that are not 
operating but contain hazardous liquids and gas must comply with all 
relevant safety requirements, including periodic maintenance, integrity 
management assessments, damage prevention programs, and public 
awareness programs.
    PHMSA is aware that some owners and operators may properly purge a 
pipeline of combustibles without abandonment because of an expectation 
to later continue using the pipeline in hazardous materials 
transportation. A purged pipeline presents different risks, and 
different regulatory treatment may be appropriate. Degradation of such 
a pipeline can occur, but it is not likely to result in significant 
safety impacts to people, property, or the environment. PHMSA will 
accept deferral of certain activities for purged but active pipelines. 
These deferred activities might include actions impractical on most 
purged pipelines such as in-line inspection. PHMSA is considering 
proposing procedures in a future rulemaking that would address methods 
owners or operators could use to notify regulators of purged but active 
pipelines. In the interim, owners or operators planning to defer 
certain activities for purged pipelines should coordinate the deferral 
in advance with regulators. All deferred activities must be completed 
prior to, or as part, of any later return-to-service. Pipeline owners 
and operators are fully responsible for the safety of their pipeline 
facilities at all times and during all operational statuses.

II. Advisory Bulletin (ADB-2016-05)

    To: Owners and Operators of Hazardous Liquid, Carbon Dioxide and 
Gas Pipelines.
    Subject: Clarification of Terms Relating to Pipeline Operational 
Status.
    Advisory: PHMSA regulations do not recognize an ``idle'' status for 
a hazardous liquid or gas pipelines. The regulations consider pipelines 
to be either active and fully subject to all parts of the safety 
regulations or abandoned. The process and requirements for pipeline 
abandonment are captured in Sec. Sec.  192.727 and 195.402(c)(10) for 
gas and hazardous liquid pipelines, respectively. Pipelines abandoned 
after the effective date of the regulations must comply with 
requirements to purge all combustibles and seal any facilities left in 
place. The last owner or operator of abandoned offshore facilities and 
abandoned onshore facilities that cross over, under, or through 
commercially navigable waterways must file a report with PHMSA. PHMSA 
regulations define the term ``abandoned'' to mean permanently removed 
from service.
    Companies that own pipelines abandoned prior to the effective date 
of the abandonment regulations may not have access to records relating 
to where these pipelines are located or whether they were properly 
purged of combustibles and sealed. To the extent feasible, owners and 
operators have a responsibility to assure facilities for which they are 
responsible or last owned do not present a hazard to people, property 
or the environment.
    Pipelines not currently in operation are sometimes informally 
referred to as ``idled,'' ``inactive,'' or ``decommissioned.'' These 
pipelines may be shut down and still contain hazardous liquids or gas. 
Usually, the mainline valves on these pipelines are closed, isolating 
them from other pipeline segments. If a pipeline is not properly 
abandoned and may be used in the future for transportation of hazardous 
liquid or gas, PHMSA regulations consider it as an active pipeline. 
Owners and operators of pipelines that are not operating but contain 
hazardous liquids and gas must comply with all applicable safety 
requirements, including periodic maintenance, integrity management 
assessments, damage prevention programs, response planning, and public 
awareness programs.
    PHMSA is aware that some owners and operators may properly purge a 
pipeline of combustibles with the expectation to later use that 
pipeline in hazardous materials transportation. A purged pipeline 
presents different risks, and therefore different regulatory treatment 
may be appropriate. Degradation of such a pipeline can occur, but is 
not likely to result in significant safety impacts to people, property, 
or the environment. PHMSA will accept deferral of certain activities 
for purged but active pipelines. These deferred activities might 
include actions impractical on most purged pipelines, such as in-line 
inspection. PHMSA is considering proposing procedures in a future 
rulemaking that would address methods owners or operators could use to 
notify regulators of purged but active pipelines. In the interim, 
owners or operators planning to defer certain activities for purged 
pipelines should coordinate the deferral in advance with

[[Page 54514]]

regulators. All deferred activities must be completed prior to, or as 
part of, any later return-to-service. Pipeline owners and operators are 
fully responsible for the safety of their pipeline facilities at all 
times and during all operational statuses.

    Issued in Washington, DC, on August 11, 2016, under authority 
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Acting Associate Administrator for Pipeline Safety.
[FR Doc. 2016-19494 Filed 8-15-16; 8:45 am]
 BILLING CODE 4910-60-P

Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations 54513

include purging all combustibles and operate for short periods of time such as requirements to purge all combustibles
sealing any facilities left in place. The weeks or months. Other pipelines do and seal any facilities left in place. The
last owner or operator of abandoned not operate for years. If a pipeline is not last owner or operator of abandoned
offshore facilities and abandoned properly abandoned and may be used offshore facilities and abandoned
onshore facilities that cross over, under, for the future for transportation of onshore facilities that cross over, under,
or through commercially navigable hazardous liquid or gas, PHMSA or through commercially navigable
waterways must file a report with regulations consider it an active waterways must file a report with
PHMSA. PHMSA regulations define the pipeline. Owners and operators of PHMSA. PHMSA regulations define the
term ‘‘abandoned’’ to mean permanently pipelines that are not operating but term ‘‘abandoned’’ to mean permanently
removed from service (§ 192.3). contain hazardous liquids and gas must removed from service.
A 1998 report by the Research and comply with all relevant safety Companies that own pipelines
Special Programs Administration requirements, including periodic abandoned prior to the effective date of
(RSPA), a predecessor agency to maintenance, integrity management the abandonment regulations may not
PHMSA, titled: ‘‘Analysis of Pipeline assessments, damage prevention have access to records relating to where
Burial Surveys in the Gulf of Mexico,’’ programs, and public awareness these pipelines are located or whether
stated: ‘‘Abandonment involves the programs. they were properly purged of
permanent and, for all practical PHMSA is aware that some owners combustibles and sealed. To the extent
purposes, irreversible process of and operators may properly purge a feasible, owners and operators have a
discontinuing the use of a pipeline. The pipeline of combustibles without responsibility to assure facilities for
physical asset is abandoned in the truest abandonment because of an expectation which they are responsible or last
sense of the word; no future use or value to later continue using the pipeline in owned do not present a hazard to
is attributed to it, and no attempts are hazardous materials transportation. A people, property or the environment.
made to maintain serviceability. purged pipeline presents different risks, Pipelines not currently in operation
Pipeline systems or segments that are and different regulatory treatment may are sometimes informally referred to as
not abandoned, but only idled, be appropriate. Degradation of such a ‘‘idled,’’ ‘‘inactive,’’ or
decommissioned, or mothballed, are pipeline can occur, but it is not likely ‘‘decommissioned.’’ These pipelines
considered to have the potential for to result in significant safety impacts to may be shut down and still contain
reuse at some point in the future. The people, property, or the environment. hazardous liquids or gas. Usually, the
maintenance and inspection to be PHMSA will accept deferral of certain mainline valves on these pipelines are
performed in these cases is a function of activities for purged but active closed, isolating them from other
the probability of reuse, the cost and pipelines. These deferred activities pipeline segments. If a pipeline is not
difficulty of remediation which may be might include actions impractical on properly abandoned and may be used in
required, and the potential impact of the most purged pipelines such as in-line the future for transportation of
in-place and idled facility on human inspection. PHMSA is considering hazardous liquid or gas, PHMSA
safety and the environment.’’ proposing procedures in a future regulations consider it as an active
PHMSA is aware that some pipelines rulemaking that would address methods pipeline. Owners and operators of
may have been abandoned prior to the owners or operators could use to notify pipelines that are not operating but
effective date of the abandonment regulators of purged but active contain hazardous liquids and gas must
regulations. Companies may not have pipelines. In the interim, owners or comply with all applicable safety
access to records relating to where these operators planning to defer certain requirements, including periodic
pipelines are located or whether they activities for purged pipelines should maintenance, integrity management
were properly purged of combustibles coordinate the deferral in advance with assessments, damage prevention
and sealed. Owners and operators have regulators. All deferred activities must programs, response planning, and
a responsibility to assure facilities for be completed prior to, or as part, of any public awareness programs.
which they are responsible or last later return-to-service. Pipeline owners PHMSA is aware that some owners
owned do not present a hazard to and operators are fully responsible for and operators may properly purge a
people, property or the environment. the safety of their pipeline facilities at pipeline of combustibles with the
In the case study from Wilmington, all times and during all operational expectation to later use that pipeline in
California, provided above, the pipeline statuses. hazardous materials transportation. A
company was aware of the pipeline and purged pipeline presents different risks,
believed it to have been properly II. Advisory Bulletin (ADB–2016–05) and therefore different regulatory
abandoned by the previous owner/ To: Owners and Operators of treatment may be appropriate.
operator. The pipeline company was Hazardous Liquid, Carbon Dioxide and Degradation of such a pipeline can
cited and fined by a State regulator Gas Pipelines. occur, but is not likely to result in
because it did not properly maintain the Subject: Clarification of Terms significant safety impacts to people,
active line or, alternatively, properly Relating to Pipeline Operational Status. property, or the environment. PHMSA
abandon the pipeline facility. Advisory: PHMSA regulations do not will accept deferral of certain activities
Pipelines not currently in operation recognize an ‘‘idle’’ status for a for purged but active pipelines. These
but that may be used in the future are hazardous liquid or gas pipelines. The deferred activities might include actions
sometimes informally referred to as regulations consider pipelines to be impractical on most purged pipelines,
‘‘idled,’’ ‘‘inactive,’’ or either active and fully subject to all such as in-line inspection. PHMSA is
asabaliauskas on DSK3SPTVN1PROD with RULES

‘‘decommissioned.’’ These pipelines parts of the safety regulations or considering proposing procedures in a
may be shut down and still contain abandoned. The process and future rulemaking that would address
hazardous liquids or gas. Usually, the requirements for pipeline abandonment methods owners or operators could use
mainline valves on these pipelines are are captured in §§ 192.727 and to notify regulators of purged but active
closed, isolating them from other 195.402(c)(10) for gas and hazardous pipelines. In the interim, owners or
pipeline segments. Frequently, blind liquid pipelines, respectively. Pipelines operators planning to defer certain
flanges or welded end caps are used for abandoned after the effective date of the activities for purged pipelines should
further isolation. Some pipelines do not regulations must comply with coordinate the deferral in advance with

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54514 Federal Register / Vol. 81, No. 158 / Tuesday, August 16, 2016 / Rules and Regulations

regulators. All deferred activities must DEPARTMENT OF THE INTERIOR identified several errors concerning
be completed prior to, or as part of, any season dates, and bag and possession
later return-to-service. Pipeline owners Fish and Wildlife Service limits, for certain States, as well as a
and operators are fully responsible for number of formatting and other errors in
the safety of their pipeline facilities at 50 CFR Part 20 tables and table notes. With this
all times and during all operational [Docket No. FWS–HQ–MB–2015–0034; document, we correct those errors.
statuses. FF09M21200–167–FXMB1231099BPP0] DATES: This correction is effective
Issued in Washington, DC, on August 11, RIN 1018–BA70
August 16, 2016.
2016, under authority delegated in 49 CFR FOR FURTHER INFORMATION CONTACT: Ron
1.97. Migratory Bird Hunting; Seasons and W. Kokel, Division of Migratory Bird
Alan K. Mayberry, Bag and Possession Limits for Certain Management, U.S. Fish and Wildlife
Migratory Game Birds Service, (703) 358–1714.
Acting Associate Administrator for Pipeline
Safety. AGENCY: Fish and Wildlife Service, SUPPLEMENTARY INFORMATION: In a final
[FR Doc. 2016–19494 Filed 8–15–16; 8:45 am] Interior. rule published in the Federal Register
ACTION: Final rule; correction. on July 25, 2016, at 81 FR 48648, the
BILLING CODE 4910–60–P
following corrections are made:
SUMMARY: We, the U.S. Fish and ■ 1. On page 48652, § 20.103(a) is
Wildlife Service, published a final rule amended by revising the entry for
in the Federal Register on July 25, 2016, Pennsylvania under the heading
that prescribes the hunting seasons, EASTERN MANAGEMENT UNIT in the
hours, areas, and daily bag and table to read as follows:
possession limits for migratory game
birds during the 2016–17 season. Taking § 20.103 Seasons, limits, and shooting
of migratory birds is prohibited unless hours for doves and pigeons.
specifically provided for by annual * * * * *
regulations. In that final rule, we (a) * * *

Limits
Season dates
Bag Possession

EASTERN MANAGEMENT UNIT

Pennsylvania
12 noon to sunset .................................................. Sept. 1–Sept. 24 .......................................................... 15 45
1/2 hour before sunrise to sunset .......................... Sept. 26–Oct. 8 & ........................................................ 15 45
Oct. 15–Nov. 26 & ....................................................... 15 45
Dec. 26–Jan. 3 ............................................................. 15 45

* * * * * heading MISSISSIPPI FLYWAY in the ■ iii. On page 48670, under the heading
table; CENTRAL FLYWAY, in the
■ 2. On page 48656, § 20.104 is ■ b. On page 48659, in paragraph (d), by introductory text under the heading
amended by revising table note (14) to revising table note (11); ‘‘Duck Limits’’, by removing the words
read as follows: ■ c. In paragraph (e): ‘‘1 mottled duck,’’; and
■ i. On pages 48660 through 48665, ■ d. In paragraph (f), in the table:
§ 20.104 Seasons, limits, and shooting
hours for rails, woodcock, and snipe. under the heading ATLANTIC ■ i. On page 48678, under the heading
FLYWAY, by revising the entries for MISSISSIPPI FLYWAY, by revising the
* * * * *
Georgia, Maine, New Jersey, and Rhode entry for Iowa; and
(14) In Iowa, the limits for sora and Island in the table; by adding an entry ■ ii. On page 48679, under the heading
Virginia rails are 12 daily and 36 in for South Carolina in the table; and by CENTRAL FLYWAY, by revising the
possession. revising table note (14); entry for Kansas.
* * * * * ■ ii. On pages 48668 through 48670, The revisions read as follows:
under the heading MISSISSIPPI
■ 3. Section 20.105 is amended as FLYWAY, by revising the entries for § 20.105 Seasons, limits, and shooting
follows: Minnesota and Tennessee in the table, hours for waterfowl, coots, and gallinules.
■ a. On page 48657, in paragraph (c), by and by removing and reserving table * * * * *
revising the entry for Iowa under the note (6); and (c) * * *

Limits
Season dates
Bag Possession
asabaliauskas on DSK3SPTVN1PROD with RULES

* * * * * * *
MISSISSIPPI FLYWAY

* * * * * * *
Iowa (3):
North Zone ............................................................. Sept. 3–Sept. 11 .......................................................... 6 18

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Document Created: 2016-08-16 03:20:34
Document Modified: 2016-08-16 03:20:34

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Issuance of Advisory Bulletin.
Dates		August 16, 2016.
Contact		Ms. Linda Daugherty at 816-329-3800 or by email to [email protected]
FR Citation		81 FR 54512
CFR Citation		49 CFR 192 49 CFR 195

81 FR 54512 - Pipeline Safety: Clarification of Terms Relating to Pipeline Operational Status

DEPARTMENT OF TRANSPORTATIONPipeline and Hazardous Materials Safety Administration

Federal Register Volume 81, Issue 158 (August 16, 2016)

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration