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Federal Register/Vol. 63, No. 218/Thursday 63210 Federal Register / Vol. 63, No. 218 / Thursday, November 12, 1998 / Rules and Regulations or otherwise protectible under Title 17 RSPA received five comments, DEPARTMENT OF THE INTERIOR of the United States Code. including one from API. Four of five * * * * * commenters expressed that terminal/ Fish and Wildlife Service tank farm piping should be exempt from [FR Doc. 98±30265 Filed 11±10±98; 8:45 am] 50 CFR Part 23 BILLING CODE 7510±01±P testing requirements because they are designed and operated so that stress RIN1018±AE16 level can never exceed 20% SMYS, Changes in the List of Species in DEPARTMENT OF TRANSPORTATION therefore, there is low possibility of failure. Commenters also argued that Appendices to the Convention on Research and Special Programs compliance would be a difficult task International Trade in Endangered Administration because of many fittings, valves, tanks, Species of Wild Fauna and Flora and instrumentation. Commenters also AGENCY: Fish and Wildlife Service, 49 CFR Part 195 suggested that the benefit would be Interior. [Docket No. PS±121; Notice±5] questionable, but the costs would be ACTION: Final rule. substantially higher. API suggested that RIN 2137±AD05 RSPA consider separate rulemaking on SUMMARY: The Convention on testing of terminal/tank piping, International Trade in Endangered Pressure Testing Older Hazardous excluding them from the current rule. Species of Wild Fauna and Flora (CITES Liquid and Carbon Dioxide Pipelines One commenter suggested that leak or Convention) regulates international AGENCY: Research and Special Programs detection and a volumetric system trade in certain animals and plants. Administration (RSPA), DOT. should be used as a direct substitute for Species or other taxa for which such ACTION: Further response to petitions for a pressure test. trade is controlled are listed in Appendices I, II, and III to CITES. The reconsideration on pressure testing API also suggested developing a countries participating in this treaty, within terminals and tank farms. testing/monitoring protocol for including the United States, adopted evaluating piping within terminals and SUMMARY: This document announces amendments to Appendices I and II at tank farms that would provide that, while RSPA continues to review the tenth meeting of the Conference of equivalent levels of safety for those requirements for pressure testing older the Parties (COP10) in June, 1997. The facilities. Given the great variety of piping within terminals and tank farms, United States did not enter a reservation conditions that exist in terminals and it will not enforce those requirements against any of the adopted amendments. tank farms and the benefits of provided the terminals and tank farms This document incorporates all these identifying alternative ways of are designed and operated at lower amendments into the U.S. Fish and addressing pipeline risks, development stress levels than the main line. RSPA Wildlife Service's (Service) of such a protocol has merit. RSPA will is evaluating comments received on informational list of CITES species. It work cooperatively with API on its pressure testing within these areas and also incorporates a small number of is considering modifying the current protocol. RSPA anticipates using the additional changes to the list of CITES- requirements. The enforcement policy protocol in our evaluation of the protected animal and plant taxa (50 CFR maintains the status quo (that is, no pressure testing requirement for 23.23) unrelated to decisions of the testing required) until a decision is terminals and tank farm piping. Parties at COP10 and serving only to made. Compliance dates for the 1994 rule clarify taxonomy, common names, or FOR FURTHER INFORMATION CONTACT: requiring pressure testing had been geographic ranges of animal and plant Mike Israni, (202) 366±4571, or e-mail: extended to allow completion of taxa and populations already listed. [email protected], regarding the rulemaking to allow a risk-based None of these additional changes affects subject matter of this document, or alternative to pressure testing. [62 FR the biological entity listed by the CITES Jenny Donohue, (202) 366±4046, for 54591]. That rulemaking, which did not parties. copies of this document or other address alternatives for terminal and DATES: This rule is effective November information in the docket. tank farm piping, has just been 12, 1998. With the exception of the new SUPPLEMENTARY INFORMATION: published. [63 FR 59475; November 4, listings of sturgeon species at COP10 1998]. Absent some agency action, (which had the effective date of April 1, Background operators of older terminals and tank 1998), the amendments set forth in this On June 7, 1994, RSPA issued a final farms would have to complete the rule entered into effect on September rule requiring certain older hazardous pressure testing requirements for piping 18, 1997, under the terms of CITES. liquid and carbon dioxide pipelines to in their terminals prior to RSPA's ADDRESSES: Please send correspondence be pressure tested. The American reconsideration of these requirements. concerning this document to Chief, Petroleum Institute (API) and Williams In order to preserve the status quo, Office of Scientific Authority; U.S. Fish Pipe Line Company (Williams) filed RSPA will not enforce the pressure and Wildlife Service; 4401 North Fairfax petitions for reconsideration of pressure testing requirements with respect to Drive, room 750; Arlington, Virginia, testing requirements for older terminal older piping located in terminals or tank 22203; fax 703±358±2276. Materials and tank farm piping on the grounds farms that are designed and operated so received will be available for public that pressure testing would be costly that they do not experience stress levels inspection by appointment, from 8:00 and disruptive in the terminals and that of 20 percent or greater. a.m. to 4:00 p.m. Monday through Friday at the above address in such piping is of lower risk since Issued in Washington, DC on November 5, Arlington, Virginia. terminals and tank farms are generally 1998. operated at reduced pressures. To FOR FURTHER INFORMATION CONTACT: Dr. explore this issue further, RSPA invited Richard B. Felder, Susan Lieberman, Chief, Office of comments in a Federal Register notice Associate Administrator for Pipeline Safety. Scientific Authority, U.S. Fish and published February 10, 1998 [63 FR [FR Doc. 98±30210 Filed 11±10±98; 8:45 am] Wildlife Service, telephone 703±358± 6677]. BILLING CODE 4910±60±P 1708. Federal Register / Vol. 63, No. 218 / Thursday, November 12, 1998 / Rules and Regulations 63211 SUPPLEMENTARY INFORMATION: More comprehensive discussions of any also requested that the United States practical effects of entering a reservation include map turtles and bigleaf Background and reasons for or against entering mahogany in CITES Appendix II. The CITES regulates import, export, re- reservations can be found in the Service is currently reviewing which export, and introduction from the sea of November 8, 1994 and January 3, 1995 proposals it may submit for certain animal and plant species. Federal Register notices (59 FR 55617 consideration at CITES COP11, and Species for which the trade is controlled and 60 FR 73, respectively). published a notice of information are included in three Appendices. requesting public comments in the Related Considerations Appendix I includes species threatened Federal Register on January 30, 1998 with extinction that are or may be During the public comment period (63 FR 4613). affected by trade. Appendix II includes pursuant to the proposed rule of August species that, although not necessarily 22, 1997, only one organization Procedural Requirements now threatened with extinction, may submitted comments. The Humane This Federal Register notice amends become so unless trade in them is Society of the United States (HSUS) the informational list of CITES species strictly controlled. It also lists species submitted comments on a number of in 50 CFR 23.23 to accurately reflect the that must be subject to regulation in issues. The HSUS opposed the taking of changes in the list of species in the order that trade in other currently or reservations by the United States; the CITES appendices that have already potentially threatened species may be Service concurs, and has recommended been made by the Conference of the brought under effective control (e.g., no reservations. Regarding the alligator Parties at their tenth meeting, and that because of difficulty in distinguishing snapping turtle, the HSUS noted that the United States is bound to accept specimens of currently or potentially endemism is not a reason to not list a unless it entered reservations. The threatened species from those of other species in the CITES Appendices. The Service does not believe that species). Appendix III includes species Service agrees, and notes that whether implementation of any of these adopted that any Party identifies as being subject or not a species qualifies for inclusion amendments would be contrary to the to regulation within its jurisdiction for in Appendix II under the CITES listing interests or laws of the United States. purposes of preventing or restricting criteria (Resolution Conf. 9.24) is The period of time during which the exploitation, and for which it needs the independent of its degree of endemism. United States could have entered a cooperation of other Parties to control The Service will continue to monitor reservation against any of the trade. the status of and trade in this species, amendments ended on September 18, Any CITES Party may propose and work with the states where the 1997. The Service did not recommend amendments to Appendices I and II for species is native in order to reach the the entry of any reservations, and none consideration either at meetings of the best possible conservation solution for were taken by the United States. Conference of the Parties held about the species. The HSUS requested that Therefore, except for the newly adopted every 21¤2 years or, occasionally, by a the United States include the species in sturgeon listings having an effective postal vote process.
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