Federal Register / Vol. 56, No. 82 /'Monday, April 29, 1991 / Proposed Rules 1

1804.470-3 Responsibilities.

(a) * * *

(b) The requiring activity is alsoresponsible for determining to whatextent a contractor security plan forunclassified automated informationresources will be required andevaluating and recommending approvalof prospective contractors' automatedinformation security plans.

1804.470-4 [Amended]

b. In section 1804.470-4, the existingparagraph is designated as paragraph(a), the word "The" of newly designatedparagraphs (a) is removed and the word"Except as provided In paragraph (b) ofthis section, the" are added in its place,and a new paragraph (b) is added toread as follows:

1804.470-4 Contract clause.

(a) * * *

(b) The clause prescribed inparagraph (a) of this section may beexcluded from any contract when therequiring activity, in Consort with itscomputer security manager,recommends that a security plan forunclassified automated informationresources be submitted by theapparently successful offeror afternotification of selection but beforecontract award. Under thesecircumstances, the contracting officershall insert the provision at 1852.204-77,Submission of Security Plan forUnclassified Automated InformationResources, in solicitations and theclause at 1852.204-78, Security Plan forUnclassified Automated InformationResources, in contracts. The provisionmay be modified to identify specificinformation that is to be included in theplan. The contracting officer shallincorporate the approved plan into thecontract by reference as provided for inthe provision and the clause. The clausemay be modified to omit reference to theprovision when the solicitation did notinclude the provision.

PART 1852-SOLICITATIONPROVISIONS AND CONTRACTCLAUSES

3. Part 1852 is amended as set forth

below:

1852.204-76 [Amended]a. In the introductoty paragraph of

section 1852.204-76, the citation"1804.470-4" is revised to read"1804.470-4(a)."

1852.204-77 [Added]b. Section 1852.204-t77 is added to

read as follows:

1852.204-77 Submission of Security Planfor Unclassified Automated InformationResources.

As prescribed in 1804.470-4(b), insertthe following provision:

Submission of Security Plan for Unclassifiedautomated Information Resources (XXX.1991)

(a) The apparently successful offeror shallprovide a plan, for Contracting Officerapproval prior to award, that describes itsautomated information security program. Theplan shall be submitted no later than thirtydays after receipt of the Contracting Officerswritten request. The plan shall address thesecurity measures and program safeguardswhich will be provided to ensure that allinformation systems and resources acquiredand utilized in the performance of thecontract by contractor and subcontractorpersonnel:

(1) Operate effectively and accurately;(2) Are protected from unauthorized

alteration, disclosure, or misuse ofinformation processed, stored, or transmitted

(3) Can maintain the continuity ofautomated information support for NASAmissions, programs, and functions;

(4) Incorporate management, general, andapplication controls sufficient to providecost-effective assurance of the system'sintegrity and accuracy; and

(5) Have appropriate technical, personnel,administrative, environmental, and accesssafeguards.

(b) This plan, as approved by theContracting Officer, will be included in anyresulting contract for contractor compliance.(End of provision)

1852.204-78 [Added]c. Section 1852.204-78 is added to read

as follows:

1852.204-78 Security Plan for UnclassifiedAutomated Information Resources.

As prescribed in 1804.470-4(b), insertthe following clause:

Security Plan For Unclassified AutomatedInformation Resources (XXX 1991)

In addition to complying with anyfunctional and technical securityrequirements set forth in the Schedule andthe clauses of this contract, the Contractorshall comply with the UnclassifiedAutomated Information Resources SecurityPlan submitted pursuant to provision1852.204-77, Submission of Security Plan forUnclassified Automated InformationResources, as approved by the ContractingOfficer.(End of clause)

[FR Doc. 91-10032 Filed 4-26-91 8:45 am]BILLING CODE 7510-01-M

DEPARTMENT OF TRANSPORTATION

Research and Special ProgramsAdministration

49 CFR Parts 190, 191, 192, and 195

[Docket No. PS-120, Notice 1]

RIN 2137-AD 96

Inspection and Burial of Offshore Gasand Hazardous Uquid Pipelines

AGENCY: Research and Special ProgramsAdministration (RSPA}, DOT.ACTION: Notice of proposed rulemaking.

SUMMARY: Natural gas and hazardousliquid pipelines buried in shallowoffshore waters in the Gulf of Mexicohave been involved in accidents withfishing and other vessels. Public Law101-599 was enacted to determine theextent to which pipelines in shallowwaters in the Gulf of Mexico may be ahazard to fishing vessels. Theseproposed rules would implement theimmediate provisions of Public Law 101-599 amending the Natural Gas PipelineSafety Act of 1968 and the HazardousLiquid Pipeline Safety Act of 1979. Asproposed in this Notice, operators ofnatural gas and hazardous liquidpipelines would be required to do thefollowing: (1) Conduct an underwaterinspection of pipelines in the Gulf ofMexico and its inlets located in waterless than 15-feet deep, within 1 year ofthe issuance of the final rule or May 16,1992, whichever comes first; (2) report tothe Coast Guard those pipelines whichhave become exposed or otherwisepresent a hazard to navigation and marksuch pipelines with a buoy; and (3) burythose pipelines identified under (2)above, or by any other person, within 6months after discovery. Other proposalsnecessary to implement Public Law 101-599 would provide for reporting of theresults of the underwater inspection tothe Department, as well as providing forcriminal penalties for damaging,removing, defacing, or destroying apipeline marker buoy.DATES: Interested persons are invited tosubmit written comments on this,proposal by May 29, 1991. Late filedcomments will be considered to theextent practicable. A short commentperiod is necessary in order to try tomeet the statutory deadline.ADDRESSES: Send comments induplicate to the Dockets Unit, room8417, Research and Special ProgramsAdministration, U.S. Department ofTransportation, 400 Seventh Street, SW.,Washington, DC 20590. Identify thedocket and notice number stated in the

19627

Federal Register /\ Vol. '56, No. 82 / Monday, April 29, 1991 '/ Proposed Rues

heading of this notice. All commentsand docketed material will be availablefor inspection and copying in room 8419between 8:30 a.m. and 5 p.m. eachbusiness day.FOR FURTHER INFORMATION CONTACT:Cesar De Leon, (202) 366-1640, regardingthe subject matter of this proposed ruleor the Dockets Unit, (202) 366-4148,regarding copies of this proposed rule orother material in the docket.SUPPLEMENTARY INFORMATION:

Background

On July 24, 1987 a fishing vessel struckand ruptured an 8-inch diameter naturalgas liquid pipeline while maneuvering inshallow waters in the Gulf of Mexico offthe coast of Louisiana. The released gasignited, resulting in the deaths of twocrewmen. The pipeline was originallyinstalled in 1968 and buried onshore,parallel to the shoreline. In theintervening years, the shorelineunderwent substantial erosion, and atthe time of the accident, the pipelinereportedly was exposed on the seabedin open water approximately 1 mileoffshore.

On October 3, 1989, a 160-footmenhaden fishing vessel, theNorthumberland, struck a Natural GasPipeline Co. 16-inch diameter offshoregas transmission pipeline about a V2nautical mile offshore in the gulf ofMexico near Sabine Pass, Texas.Natural gas under a pressure of 835 psigwas released. An undetermined sourceon board the vessel ignited the gas andengulfed the vessel in flames. Eleven offourteen crew members died as a resultof the accident. An investigation of theaccident determined that the pipelinehad been exposed above the seabed for1 or more years.

In February 1990, at the request ofRSPA, a joint task force was formed,made up of five Federal agencies andtwo state agencies to develop solutionsto the risks posed in the Gulf of Mexicoby the co-existence of pipelines andvessel operations. The agenciesrepresented were RSPA, the MineralsManagement Service (MMS) of theDepartment of the Interior, the NationalOcean Service of the National Oceanicand Atmospheric Administration, theU.S. Coast Guard, the U.S. Army Corpsof Engineers, the Texas RailroadCommission, and the Louisiana Office ofConservation. A report on offshorepipelines prepared by the joint taskforce is available in the docket.

On April 9, 1996 the RSPA sent analert notice to all operators of natural.gas and hazardous liquid pipelineslocated in offshore waters. A copy of thealert notice is available in the docket.

The purpose of this alert notice was toadvise pipeline operators of recurringsafety problems involving marine vesseloperations and to alert them thatexposed pipelines pose a threat to thesafety of the crews of fishing vessels inshallow coastal waters. It also advisedpipeline operators to identify andcorrect any conditions which wouldviolate applicable pipeline safetyrequirements. RSPA also sent the AlertNotice to the Louisiana ShrimpAssociation, Texas Shrimp Association,Southeastern Fisheries Association,National Fish Meal & Oil Association,and Concerned Shrimpers of America toalert the commercial fishing industry tothe potential hazards of unburiedoffshore pipelines.

In addition, on May 18, 1990, the CoastGuard issued a safety notice which waspublished in the Local Notice toMariners by the Coast Guard districtoffices in the Gulf of Mexico. A copy ofthe safety notice is available in thedocket. The Coast Guard safety noticeadvised mariners regarding the risksposed by submerged offshore pipelinesthat may have become exposed andthereby may endanger fishing vessels.The safety notice requested thatmariners discovering an exposedpipeline report the location immediatelyto the Coast Guard.

The RSPA pipeline safety regulationsrequire that all newly constructed gasand hazardous liquid offshore pipelineslocated in water less than 12 feet indepth must have a minimum of 36 inchesof cover or 18 inches in consolidatedrock (49 CFR 192.327 and 195.248).Newly constructed gas and hazardousliquid pipelines in offshore waters from12 feet to 200 feet deep must be installedso that the top of the pipe is below theseabed unless the pipe is protected byother equivalent means (§ § 192.319 and195.246). The MMS issues rights-of-waypermits for pipelines on the OuterContinental Shelf (OCS) and requiresthat newly constructed pipelines beburied 36 inches (30 CFR 250.153). TheCorps of Engineers issues permits forburial of offshore pipelines and normallyrequires that newly constructedpipelines be buried to a depth of 36inches in water less than 200 feet deep.However, none of the three agenciescurrently require that pipeline operatorsconduct an underwater inspection ormaintain the burial of those pipelines.

As a result of the alert notice issuedby RSPA, many of the major gastransmission companies initiatedinspection of offshore pipelines in waterless than 22 feet deep. This was thedepth of water originally proposed bythe fishing associations in the spring of1990 in which pipelines should be buried

for safe navigation of vessels. In asurvey of the member gas transmissionpipeline companies conducted by theInterstate Natural Gas Association ofAmerica (INGAA), regarding offshorepipelines, 11 major gas transmissionpipelines companies responded. Thosecompanies reported that they had 126pipelines consisting of 723 miles ofpipelines in offshore waters less than 22feet deep. By June 23, 1990, 22 of thesepipelines totaling 59 miles in length hadbeen inspected underwater to determineif those pipelines were still buried. Onepipeline segment of 1320 feet was foundto be exposed.

On February 26, 1990, and May 16,1990, the Department testified onoffshore pipeline safety before theSubcommittee on Coast Guard andNavigation of the House Committee onMerchant-Marine and Fisheries and onSeptember 11, 1990 before a jointhearing of the House Public Works andTransportation and the Energy andCommerce Committees. As a result ofthese hearings and meetings betweenCongressional staff members andrepresentatives of the pipeline industryand the commercial fishing industry,Congress passed H.R. 4888, which wassigned by the President on November 16,1990. That legislation, Public Law 101-599, is available in the docket.

Public Law 101-599

Public Law 101-599 amended theNatural Gas Pipeline Safety Act of 1968(NGPSA) (49 U.S.C. 1671 et seq.) and theHazardous Liquid Pipeline Safety Act of1979 (HLPSA) (49 U.S.C. 2001 et seq.),which are administered by the RSPA.The law requires that not later than 18months after the enactment of thislegislation or 1 year after issuance ofregulations, whichever occurs first, theoperator of each offshore gas orhazardous liquid pipeline facility in theGulf of Mexico and its inlets shallinspect such pipeline facility and reportto the Department on any portion of apipeline facility which is exposed or is ahazard to navigation. Therefore, thisinitial inspection must be completed byMay 16, 1992 or 1 year after issuance ofregulations, whichever comes first. Thisrequirement shall apply to pipelinefacilities between the high water markand the point where the subsurface isunder 15 feet of water, as measuredfrom mean low water. In accordancewith Public Law 101-599, hazardousliquid gathering lines of 4 inch nominaldiameter and smaller are excepted fromthis inspection. The Department mayextend the time period for compliancewith this inspection requirement for anadditional period of up to 6 months for

19628 *'

Federal Register / Vol. 56, No. 82 / Monday, April 29, 1991 / Proposed Rules 1

gas transmission pipeline facilities, orup to 1 year for hazardous liquidpipeline facilities. The law provides thatany inspection of a pipeline facilitywhich has occurred after October 3, 1989(the date of the Northumberlandaccident may satisfy the inspectionrequirements if it complies with thepertinent requirements proposed in thisNotice.

Public Law 101-599 requires theDepartment to establish standards byMay 16, 1991, on what Constitutes an"exposed pipeline facility," and whatconstitutes a "hazard to navigation."The law requires that pipeline operatorsreport to the Department, through theappropriate Coast Guard offices,potential or existing navigationalhazards involving pipeline facilities. Asresult of the inspection, an operator of apipeline facility who discovers anypipeline facility which is a hazard tonavigation in water 15 feet deep or lessas measured from mean low water, shallmark the location with a Coast Guardapproved buoy or marker and notify theDepartment. The law provides that themarine buoy or marker is considered apipeline sign or right-of-way marker forpurposes of section 11(c)(3) of theNGPSA or section 208(C)(3) of theHLPSA. These sections provide forcriminal penalties for persons whowillfully and knowingly damage, deface,remove, or destroy any pipeline sign ormarker. Public Law 101-599 alsorequires the Secretary of Transportationto issue regulations requiring each gasand hazardous liquid pipeline facilitythat has been inspected and found to beexposed or that constitutes a hazard tonavigation, be buried within 6 monthsafter the condition is reported to theDepartment.

Furthermore, Public Law 101-599requires that not later than May 16, 1993,the Secretary shall, on the basis ofexperience with the initial inspectionprogram, establish a mandatory,systematic, and, where appropriate,periodic inspection program of offshorepipeline facilities in the Gulf of Mexicoand its inlets. This will be addressed ina future rulemaking.

In addition, Public Law 101-599amends the Ports and Waterways SafetyAct (33 U.S.C. 1221 at seq.), which isadministered by the Coast Guard, toencourage fishermen and other vesseloperators to report potential or existingnavigational hazards involving pipelinefacilities to the Department through theappropriate Coast Guard field office.Upon notification by the pipelineoperator or by any other person of ahazard to navigation, the Departmentwill notify the Coast Guard, the Office

of Pipeline Safety, other affected Federaland state agencies, and vessel ownersand operators in the vicinity of thepipeline facility.

Advisory Committees

The Technical Pipeline SafetyStandards Committee met inWashington, DC, on February 20,1991and the Technical Hazardous LiquidPipeline Safety Standards Committeemet in Washington, DC, on February 21,1991. These advisory committees wereestablished by statute to consider thefeasibility, reasonableness, andpracticability of proposed pipelinesafety regulations.

The advisory committees informallydiscussed a draft notice of proposedrulemaking, which proposed revisions tothe regulations in parts 192 and 195regarding offshore pipelines. The draftnotice considered by the advisorycommittees addressed the requirementsin Public Law 101-599 as well asadditional requirements that were notincluded in the law but which had beendeveloped by the multi-agency taskforce formed after the Northumberlandaccident, including: applicability to alloffshore areas, inclusion of abandonedpipelines in the monitoringrequirements, requiring 36 inch burial ofpipelines in water depths up to 200 feetdeep, and a discussion of possiblyproposing underwater inspectionrequirements of offshore pipelines aftera major storm.

Staff representatives of theSubcommittee on Coast Guard andNavigation of the House Committee onMerchant Marine and Fisheries thatparticipated in the drafting of PublicLaw 101-599 appeared before eachpipeline advisory committee to urge thatthe Department issue more narrowregulations limited to the requirementsof that law. As a result of the unanimousopinion of the advisory committees andthe valuable assistance of subcommitteestaff representatives, this proposed ruleaddresses only the immediaterequirements of Public Law 101-599. Thelonger-term mandates of Public Law101-599, as well as other offshore andunderwater pipeline proposals that maymerit consideration, will be addressedin a future proposed rulemaking.

Discussion of Proposed Revisions

The RSPA is proposing similarrequirements for both gas transmissionand hazardous liquid pipeline facilities,and these regulations would beapplicable to interstate and intrastateoffshore pipelines. In accordance with§§ 192.1 and 195.1, these proposed ruleswould be applicable to offshore pipelinefacilities on the OCS as that term is

defined in the Outer Continental ShelfLands Act (43 U.S.C. 1331). Further, inaccordance with § § 192.9 and 195.1,these proposed rules would also beapplicable to all gas and hazardousliquid gathering lines subject to part 192or part 195 in the Gulf of Mexico and itsinlets; except, as provided in the law,those hazardous liquid gathering lines of4 inch nominal diameter and smaller.Gathering lines, if they are exposed inshallow water, can be equally as unsafeas transmission pipelines. It should benoted that under the current regulations,gathering lines located in the inlets ofthe Gulf of Mexico may be defined asonshore gathering lines andconsequently not be currently subject tothe regulations in part 192 or part 195.This proposed regulation would makethose gatherings lines in the inlets of theGulf of Mexico subject to the proposedinspection, marking, and re-burialrequirements in § § 192.612 and 195.413.

In accordance with §§ 192.1(b)(1) and195.1(b)(5), these proposed rules wouldnot apply to the offshore gathering ofgas or hazardous liquids upstream fromthe outlet flange of each facility on theOCS where hydrocarbons are producedor where hydrocarbons are firstseparated, dehydrated, or otherwiseprocessed, whichever facility is fartherdownstream. It should also be notedthat gathering lines do not includeproduction flow lines. The extent ofproduction flow lines will be betterdefined in an upcoming NPRMproposing to revise the definition of agathering line.

Proposals

This proposed rulemakingincorporates all of the immediaterequirements of this legislationadministered by RSPA. The proposedrule would apply to pipelines which, inaccordance with the definition of"pipeline" in § § 192.3 and 195.2, meansall parts of those physical facilitiesthrough which gas or hazardous liquidsmove in transportation, including pipe,valves, and other appurtenancesattached to a pipe. For the purpose ofthis rulemaking, we are not using theterm "pipeline" facilities" as set forth inPub. L. 101-599. "Pipeline facilities" isdefined by RSPA regulations (§ § 192.3and 195.2) to include such facilities asoffshore platforms that are not intendedto be buried. These structures were notintended to be addressed by the statute.

Section 190.229(d), which is applicableto both gas and hazardous liquidpipelines, would be revised inaccordance with Public Law 101-599 toinclude a provision that if a personwillfully and knowingly defaces,

19629

I I Federal Registet- tVOL 56, No. 82 / Mondhy April 29,' "9 9. ' Pr6posed Rules

damages, removes, or destroys apipeline marine buoy, such a personshall, upon conviction, be subject to afine of not more than 5,000,imprisonment for a term not to exceed Iyear, or both. The use of pipeline marinebuoys is regulated in 33 CFR part 64which is referenced in the proposed§ § 192.612 and 195.415.

A new § 191.27, which is applicable toboth gas and hazardous liquid pipelines,would be added to require the filing ofoffshore pipeline condition reportsrequired by the underwater inspectionof pipelines proposed in § § 192.612 and195.413. These reports would have to besubmitted to RSPA within 60 days afterthe completion of the inspection of allpipelines subject to the underwaterinspection. This information will beused to later develop regulations for themandatory, systematic, and, whereappropriate, periodic inspection ofoffshore pipelines in the Gulf of Mexicoand its inlets. The law requires that suchregulations be established within 30months after enactment of thelegislation, or May 16, 1993.

Sections 192.1(b)(2) and 195.1(b)(4) areproposed to be revised to clarify thatgathering lines that are located in theinlets of the Gulf of Mexico, whichcurrently may be defined as onshoregathering lines, will be subject to theproposed inspection, marking, and re-burial requirements in § § 192.612 and195.413. However, such gathering linesin the inlets of the Gulf of Mexico wouldnot be subject to other regulations inparts 192 or 195.

Definitions of "exposed pipeline,""Gulf of Mexico and its inlets," and"hazard to navigation" are proposed tobe added to §§ 192.3 and 195.2.

With regard to the definition of"exposed pipeline," a pipeline isconsidered to be exposed on the seabedwhen the top of the pipeline protrudesabove the seabed, or protrudes abovethe silty bottom if the bottom of theocean is not firm. RSPA recognizes thatmany offshore areas in the Gulf ofMexico d3 not have an easily definableseabed but believes that establishing aqualitative measurement of the oceanbottom, such as silt density, would bedifficult because of shifting and varyingsilt density on the ocean bottom.

With regard to the definition of "Gulfof Mexico and its inlets," it wouldinclude the waters from the mean highwater mark of the Gulf including itsinlets, seaward to a depth of 15 feet, asmeasured from the mean low water. Theterm "mean low water" is used in thisregulation to comport with that term asused in Public Law 101-599. "Mean lowwater" can be considered to denote"mean lower low water" as used in the

nautical chart datum of the NationalOcean Service. The inlets that are opento the Gulf and subject to the navigationof vessels, such as Barataria orTimbalier Bay, are included in thedefinition to assure that pipelines inthese inlets do not pose a hazard tovessels.

With regard to the definition of"hazard to navigation," it is proposed tomean that the top of a pipeline is buriedless than 12 inches below the seabed inwater less than 15 feet deep, asmeasured from the mean low water.Because fishing vessels navigatefrequently in offshore waters that areless than 15 feet deep, it is importantthat a pipeline be sufficiently buried inthese locations. These fishing vesselsfrequently navigate in a manner thattheir hulls touch the seabed.. As a result,it is important that the pipelines beburied to protect the fishing vessels andthe pipelines. We have consulted withthe Coast Guard concerning theseproposed definitions. RSPA urges theoperators currently conductingunderwater inspections to note thedepth of burial of their pipelines pendingthe issuance of a final rule thatestablishes a final definition of an"exposed pipeline" and a pipeline that isa "hazard to navigation." Although thelaw uses the terms as mutuallyexclusive, in fact, for the purposes ofthis statute and its implementingregulations, "hazard to navigation"subsumes "exposed pipeline" and theproposed definitions reflect this.

New §§ 192.612 and 195.415 would beadded to require that each operatorconduct an underwater inspection of itsoffshore pipelines in the Gulf of Mexicoand its inlets, which are located in waterless than 15 feet deep, as measured fromthe mean low water, within I year afterthe issuance of a final rule or May 16,1992, whichever occurs first. Asproposed, the inspection may beconducted by any means that will detectthe location of the pipeline and thedepth to which it is buried.

In lieu of the initial inspectionproposed in this Notice pursuant toPublic Law 101-599, the regulationwould give credit to an initial inspectionby an operator if it was conducted afterOctober 3, 1989 (the date on which theNorthumberland accident occurred) andcompleted in accordance with the finalinspection requirements in thisrulemaking. Many pipeline operatorshave already conducted underwaterinspections of their pipelines advised inthe ALERT Notice issued by RSPA onApril 9, 1990.

Under proposed § § 192.612 and195.413, if a required inspection reveals,or a third party reports, that a pipeline

located in water less than 15 feet deep,as measured from the mean low water,is exposed on the seabed or otherwiseconstitutes a hazard to navigation, theoperator of that pipeline would berequired to do the following: (1)Promptly notify the U.S. Coast Guard,but not later than 24 hours afterdiscovery, (2) promptly mark thepipeline with a buoy in accordance withthe Coast Guard regulations in 33 CFRpart 64, "Marking of Structures, SunkenVessels, and Other Obstructions," butno later than 7 days after discovery; and(3) within 6 months after discovery, burythe pipeline below the seabed to a depthof 36 inches for normal excavation or 18inches for rock excavation. We haveconsulted with the Coast Guardconcerning these reporting and markingproposals.

Impact Assessment

The proposed rules are considered tobe non-major under Executive Order11591, and are not considered significantunder DOT Regulatory Policies andProcedures (44 FR 11034; February 26,19791.

This proposed rulemaking is requiredby law. The costs of conducting theunderwater inspections are averaging$8,000 per mile using recently developedtechnology. Some of the variables thatimpact the costs of conducting anunderwater inspection are the amount ofpipeline to be inspected, weather,mobilization costs, and location. Thereare about 1,000 miles of offshore gas andhazardous liquid pipelines in the Gulf ofMexico and its inlets in water less than15 feet deep, so that it will cost about $8million to conduct the initial inspectionof these pipelines as mandated byPublic Law 101-599. Costs are expectedto drop as better technology isdeveloped and underwater inspectionsbecome more common. Assuming theinformation provided by INGAAregarding the underwater inspectionsthat have been conducted as of June 23,1990 is representative of the findings infuture underwater pipeline inspection, itappears that less than 1 percent of theoffshore pipelines may be exposedabove the seabed. However, informationis not yet available to determine thepercentage of the pipelines that may bea hazard to navigation (i.e., thosepipelines buried less than 12. inches).Current pipeline technology can be usedin re-burying pipelines. The cost of -e-burying a pipeline also variessignificantly depending on similarvariable factors set forth above.

A Draft Regulatory Evaluation h isbeen prepared and it is available in thedocket. This evaluation estimates tte

f '19630

Federal Register / Vol. 56, No. 82 / Monday, April 29, 1991 / Proposed Rules

present value of the benefits to be $17.6million and the present value of thecosts to be $8.7 million. The agencyrequests comments on these estimates.Based on the facts available concerningthe impact of this proposal, I certifyunder section 605 of the RegulatoryFlexibility Act that it would not, ifadopted as final, have a significantimpact on a substantial number of smallentities, because small entities do notoperate pipelines offshore.Paperwork Reduction Act

The final rule requires that pipelineoperators report to RSPA pipelines inthe Gulf of Mexico and its inlets that areexposed or a hazard to navigation. Inaccordance with the PaperworkReduction Act of 1980 (Pub. L. 96-511),these information collectionrequirements will be submitted to theOffice of Management and Budget forapproval. Persons desiring to commenton these information collectionrequirements should submit theircomments to: Desk Officer, Research &Special Programs Administration, Officeof Regulatory Policy, Office ofManagement and Budget, 728 JacksonPlace, NW., Washington, DC 20503.

Persons submitting comments to OMBare requested to submit a copy of theircomments to RSPA as indicated aboveunder "ADDRESSEE."

Federalism

This action has been analyzed inaccordance with the principles andcriteria contained in Executive Order12612. RSPA has determined that it doesnot have sufficient federalismImplications to warrant preparation of aFederalism Assessment.

List of Subjects

49 CFR Part 190Buoy, Penalties, Pipeline.

49 CFR Part 191Pipeline, Report, Underwater

inspection.

49 CFR Parts 192 and 195Exposed, Gulf of Mexico, Hazard to

navigation, Pipeline, Underwaterinspection.

In consideration of the foregoing,RSPA proposes to amend 49 CFR parts190, 191, 192, and 195 as follows:

PART 190--[AMENDED]

1. The authority citation for part 190continues to read as follows:

Authority: 49 App. U.S.C. 1672, 1677, 1679a,1679b, 1680, 1681, 1804. 2002. 2006, 2007, 2008.2009, and 2010; 49 CFR 1.53.

2. Section 190.229 would be amendedby revising paragraph (d) to read asfollows:

§ 190.229 Criminal penalties generally.* *t * * *

(d) Any person who willfully andknowingly defaces, damages, removes,or destroys any pipeline sign, right-of-way marker, or marine buoy required bythe NGPSA, the HLPSA, or the HMTA,or any regulation or order issuedthereunder shall, upon conviction, besubject, for each offense, to a fine of notmore than $5,000, imprisonment for aterm not to exceed 1 year, or both.

PART 191-[AMENDED]

1. The authority citation for part 191continues to read as follows:

Authority: 49 App. U.S.C. 1681(b) and1808(b); § § 191.23 and 191.25 also issuedunder 49 App. U.S.C. 1672(a); and 49 CFR1.53.

2. Section 191.27 would be added toread as follows:

§ 191.27 Filing offshore pipeline conditionreports.

(a) Each operator shall, within 60 daysafter completion of the underwaterinspection of all pipelines subject to§ § 192.612(a) or 195.415(a), report thefollowing information:

(1) Name and principal address ofoperator.

(2) Date of report.(3) Name, job title, and business

telephone number of person submittingthe report.

(4) Total number of miles of pipelineinspected.

(5) Length and date of installation ofeach exposed pipeline segment, andlocation according to the MineralsManagement Service or state offshorearea and block number tract.

(6) Length and date of installation ofeach pipeline segment, if different froma pipeline segment identified underparagraph (a)(5) of this section, that is ahazard to navigation, and the locationaccording to the Minerals ManagementService or state offshore area and blocknumber tract.

(b) The report shall be mailed to theInformation Officer, Research andSpecial Programs Administration,Department of Transportation, 400Seventh Street, SW., Washington, DC20590.

PART 192-4AMENDED]

1. The authority citation for part 192continues to read as follows:

Authority: 49 App. U.S.C. 1672 and 1804; 49CFR 1.53.

2. Section 192.1 would be amended toadd paragraph (b)(2)(iii) to read asfollows:

§ 192.1 Scope of part.}* * * *

(b) *

(2) * * *

(iii) Inlets of the Gulf of Mexicoexcept as provided in § 192.612.

3. In section 192.3, definitions ofExposed pipeline, Gulf of Mexico andits inlets, and Hazard to navigationwould be added in appropriatealphabetical order as follows:

§ 192.3 Definitions.* . * * .t

Exposed pipeline means a pipelinethat is protruding above the seabed inwater less than 15 feet deep, asmeasured from the mean low water.

Gulf of Mexico and its inlets meansthe waters from the mean high watermark of the coast of the Gulf of Mexicoand its inlets seaward to include theterritorial sea and Outer ContinentalShelf to a depth of 15 feet, as measuredfrom the mean low water.

Hazard to navigation means, for thepurpose of this part, a pipeline that isburied less than 12 inches below theseabed in water less than 15 feet deep,as measured from the mean low water.

4. Section 192.612 would be added tosubpart L to read as follows:

§ 192.612 inspection and re-burial ofpipelines In the Gulf of Mexico and ItsInlets.

(a) Each operator shall conduct anunderwater inspection of its pipelines inthe Gulf of Mexico and its inlets. Theinspection must be conducted afterOctober 3, 1989 and before (12 monthsafter issuance of the final rule).

(b) If, as a result of an inspectionunder paragraph (a) of this section, orupon notification by any person, anoperator discovers that a pipeline itoperates is exposed on the seabed orconstitutes a hazard to navigation, theoperator shall-

(1) promptly, but not later than 24hours after discovery, notify the U.S.Coast Guard;

(2) promptly, but not later than 7 daysafter discovery, mark the location of thepipeline in accordance with 33 CFR part64; and

(3) within 6 months after discovery,bury the pipeline below the seabed to adepth of 36 inches for normal excavationor 18 inches for rock excavation.

- I'19631

Federal Register / Vol. 56, No. 82 / Monday, April 29, 1991 / Proposed Rules

PART 195--AMENDED]

1. The authority citation for part 195continues to read as follows:

Authority: 49 App. U.S.C. 2001 et seq.; 49CFR 1.53.

2. Section 195.1 would be amended byrevising paragraph (b)(4) to read asfollows:

§ 195.1 Applicability.* * *r * *

(b) * " *

(4) Transportation of petroleum inonshore gathering lines in rural areasexcept gathering lines in the inlets of theGulf of Mexcio would be subject to§ 195.413.

3. In section 195.2, definitions ofExposed pipelined, Gulf of Mexcio and;ts inlets, and Hazard to navigationvould be added in appropriatealphabetical order as follows:

§ 195.2 Definitions.

Exposed pipeline means a pipelinethat is protruding above the seabed inwater less than 15 feet deep, asmeasured from the mean low water.* * * * *r

Gulf of Mexico and its inlets meansthe waters from the mean high watermark of the coast of the Gulf of Mexicoand its inlets seaward to include theterritorial sea and Outer ContinentalShelf to a depth of 15 feet, as measuredfrom the mean low water.

Hazard to navigation means, for thepurpose of this part, a pipeline that isburied less than 12 inches below theseabed in water less than 15 feet deep,as measured from the mean low water.

4. Section 195.413 would be added tosubpart F to read as follows:

§ 195413 Inspection and re-burial ofpipelines In the Gulf of Mexico and itsInlets.

(a) Except for gathering lines of 4 inchnominal diameter or smaller, eachoperator shall conduct an underwaterinspection of its pipelines in the Gulf ofMexico and its inlets. The inspectionmust be conducted after October 3, 1989and before (12 months after issuance offinal rule).

(b) If, as a result of an inspectionunder paragraph (a) of this section, orupon notification by any person, anoperator discovers that a pipeline itoperates is exposed on the seabed orconstitutes a hazardto navigation, theoperator shall-

(1) promptly, but not later than 24hours after discovery, notify the U.S.Coast Guard;

(2) promptly, but not later than 7 daysafter discovery, mark the location of thepipeline in accordance with 33 CFR part64; and

(3) within 6 months after discovery,bury the pipeline below the seabed to adepth of 36 inches for normal excavationor 18 inches for rock excavation.

Issued in Washington. DC, on April 22,1991.George W. Tenley, Jr.,Associate Administrator for Pipeline Safety.[FR Doc. 91-9850 Filed 4-26-91; 8:45 am]BILLING CODE 4910-0-

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

Endangered and Threatened Wildlifeand Plants; Finding on a Petition toList Five Cornal Springs Invertebrates

AGENCY: Fish and Wildlife Service,Interior.ACTION: Notice of petition finding andinitiation of status review.

SUMMARY: The U.S. Fish and WildlifeService (Service) announces a 90-dayfinding for a petition to amend the Listof Endangered and Threatened Wildlifeand Plants. The petition has been foundto present substantial informationindicating that listing two of the ComalSprings invertebrates (Heterelmiscomalensis and a new genus andspecies of beetle in the familyDryopidae) as threatened or endangeredmay be warranted. A status review isinitiated on these two species.Substantial information was notprovided on the taxonomic status andvalidity of Hexagenia sp. ardMicrocylloepus sp. to make a positivefinding on these two taxa. The currentpetition represented a second petitionfor Stygonectes (=Stygobromus] pecki.Since 1984 the Service has annuallymade a "warranted but precluded"finding for Stygonectes (= Stygobromus)pecki. A "warranted but precluded"finding is determined when the petitionaction is warranted, but the immediateproposal and timely promulgation of aregulation to implement the petitionedaction is precluded because of otherpending proposals to list, delist, orreclassify species.DATES: The finding announced in thisnotice was made on December 14, 1990.Comments and information should besubmitted by May 29, 1991.

ADDRESSES: Information, comments, orquestions should be submitted to theField Supervisor, U.S. Fish and WildlifeService, Ecological Services Field Office,Stadium Centre Building, 711 StadiumDrive East, Suite 252, Arlington, Texas76011. The petition, findings, supportingdata, and comments are available forpublic inspection, by appointment,during normal business hours at theabove address.FOR FURTHER INFORMATION CONTACT:Alisa Shull, Endangered SpeciesBiologist, at the above address (817-885-7830 or FTS 334-7830).SUPPLEMENTARY INFORMATION.

Background

Section 4(b)(3)(A) of the EndangeredSpecies Act (Act) of 1973, as amended(16 U.S.C. 1531 etseq.), requires that theService make a finding on whether apetition to list, delist, or reclassify aspecies presents substantial scientific orcommercial information indicating thatthe petitioned action may be warranted.To the maximum extent practicable, thisfinding is to be made within 90 days ofreceipt of the petition, and the finding isto be published promptly in the FederalRegister. If the finding is positive, theService is also required to promptlycommence a status review of thespecies.

Mr. David Whatley, Director of Parksand Recreation for the City of NewBraunfels, Texas, submitted a petition tothe Service to list five Comal Springsinvertebrates as endangered orthreatened species. The petition wasdated June 20, 1990, and received by theService on June 21, 1990.

The five invertebrates are endemic tothe Comal Springs in New Braunfels,Texas. Heterelmis comalensis is anaquatic insect in the family Elmidae. Itbelongs to a group known as "rifflebeetles." A new genus and species ofbettle belonging to the family Dryopidaeis presently being described by Dr.Cherryl Barr of California StateUniversity and Dr. Paul Spangler of theNational Museum of Natural History(Whatley, in litt.). This beetle is the firstand only known underground-water-inhabiting, eyeless member of the family(Spangler, in litt.). Hexagenia sp. is anaquatic insect belonging to a groupknown as "burrowing mayflies"(Insecta: Ephemeroptera).Microcylloepus sp. is an aquatic insectin the "riffle beetle" group. Stygonectes(=Stygobromus) pecki is a crustacean(family Gammaridae) whose commonname is Peck's cave amphipod. Thesefive species are known only from ComalSprings in New Braunfels, Texas. The

19632