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No. 108; Lamps, reflective devices and shows that the KWPC exposed Public Notice associated equipment, Part 564 underwater pipeline segment is in a On October 16, 2006, PHMSA posted submissions are referenced as being the restricted, shallow channel with notice of the KWPC request in the source of information regarding the surrounding water depths that would Federal Register (71 FR 60794) inviting performance and interchangeability cause vessels to run aground before interested persons to comment on the information for legal headlamp light contacting the exposed underwater request. On February 8, 2007, PHMSA sources, whether original equipment or pipeline segment. Also, the United posted another notice in the Federal replacement equipment. Thus, the States Coast Guard (USCG) has Register (72 FR 6042) informing the submitted information about headlamp determined that placing a marker in the public that we have changed the name light sources becomes the basis for channel over the center of the exposed granting a waiver to a special permit. certification of compliance with FMVSS underwater pipeline segment would We did not receive any comments for or No. 108. pose a hazard to navigation. against this special permit request as a Estimated Total Annual Burden: 28. FOR FURTHER INFORMATION CONTACT: result of this notice. The special permit Estimated Number of Respondents: 7. Wayne Lemoi at (404) 832–1160 or by request, Federal Register notice and all Comments are invited on: Whether e-mail at [email protected]. other pertinent documents are available the proposed collection of information for review by the public in Docket SUPPLEMENTARY INFORMATION: is necessary for the proper performance Number PHMSA–2006–25026 in the of the function of the Department, Special Permit Request Federal Docket Management System including whether the information will located on the internet at have practical utility; the accuracy of Pipeline Operator: KWPC petitioned www.Regulations.gov. the Department’s estimate of the burden PHMSA on January 10, 2006, for a of the proposed information collected; special permit waiving compliance from Special Permit Analysis ways to enhance the quality, utility and the Federal pipeline safety regulations Background: In response to the clarity of the information to be in 49 CFR 195.413(c)(2) and Offshore Pipelines Navigation Hazards collected; and ways to minimize the 195.413(c)(3) for an exposed underwater Act, Public Law 101–599, the Federal burden of the collection of information pipeline segment in the Key West, pipeline safety regulations in 49 CFR on respondents, including the use of Florida area. The regulations require a Part 195 were amended on November automated collection techniques or hazardous liquid pipeline operator to 27, 1991, to require an inspection of other forms of information technology. place a marker above the center of an underwater pipelines in the Gulf of Issued: February 5, 2008. exposed underwater pipeline segment Mexico and its inlets to be completed Stephen R. Kratzke, that is less than 200 yards long in before November 16, 1992. Amendment accordance with 33 CFR part 64 and to Associate Administrator for Rulemaking. 195–47 defined the Gulf of Mexico and bury an exposed underwater pipeline [FR Doc. 08–611 Filed 2–11–08; 8:45 am] its inlets to mean the waters from the segment so that the top of the pipe is 36 mean high-water mark of the coast of BILLING CODE 4910–59–M inches below the underwater natural the Gulf of Mexico and its inlets open bottom for normal excavation or 18 to the sea (excluding rivers, tidal inches for rock excavation. The operator DEPARTMENT OF TRANSPORTATION marshes, lakes and canals) seaward to must complete the burial of the pipeline include the territorial sea and Outer Pipeline and Hazardous Materials within six months after discovery of the Continental Shelf (OCS) to a depth of 15 Safety Administration exposed pipe, or no later than feet, as measured from the mean low November 1 of the following year if the water. [Docket No. PHMSA—2006—25026] six month period is later than November If during an inspection, an operator 1 of the year of discovery. Pipeline Safety: Grant of Special discovered a pipeline it operates was an Permit; Key West Pipeline Company Pipeline System Affected: This special exposed underwater pipeline or permit covers 200 feet of exposed pipe constituted a hazard to navigation, the AGENCY: Pipeline and Hazardous on a four mile underwater pipeline operator was required to promptly Materials Safety Administration segment that runs from the Trumbo notify the National Response Center, (PHMSA); DOT. Point Naval Annex of the Key West mark the pipeline within 7 days, and ACTION: Notice; grant of special permit. Naval Air Station, Key West, Florida to rebury the pipe 36 inches below the Stock Island, Florida. The exposed seabed for normal excavation or 18 SUMMARY: The Pipeline and Hazardous segment lies in the Fleming Channel inches below the seabed for rock Materials Safety Administration immediately adjacent to the Trumbo excavation. The amendment defined (PHMSA) is granting Key West Pipeline Point Naval Annex. Both sides of the exposed underwater pipeline to mean a Company (KWPC) a special permit Fleming Channel, near the exposed pipeline where the top of the pipe is waiving compliance from the Federal pipeline, are bordered by annexes of the protruding above the seabed in water pipeline safety regulations that require a Key West Naval Air Station. The four less than 15 feet deep, as measured from hazardous liquid pipeline operator to mile underwater pipeline segment is the the mean low water. It defined a hazard place a marker over the center of an western portion of the 7.1-mile, 4-inch to navigation to mean a pipeline where exposed underwater pipeline segment KWPC pipeline, which transports JP5 jet the top of the pipe is less than 12 inches that is less than 200 yards long and to fuel from KWPC’s Bulk Storage and below the seabed in water less than 15 bury an exposed underwater pipeline Transfer Facility on Key West to the feet deep, as measured from the mean segment so that the top of the pipe is 36 U.S. Navy’s bulk fuel storage facility on low water. inches below the underwater natural Boca Chita Key, Florida. The special To gain further information on the bottom for normal excavation or 18 permit segment is defined as 200 feet of risks posed by underwater pipelines, the inches for rock excavation. PHMSA the KWPC pipeline from station 0+00 to DOT’s Office of Pipeline Safety (OPS) finds that granting this special permit is station 2+00 as shown in Figure 4 of the [now PHMSA] and the Department of not inconsistent with pipeline safety KWPC special permit request dated Interior’s, Minerals Management because the special permit analysis January 10, 2006. Service, requested the Marine Board,

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Commission on Engineering and (as measured from mean low water) that Act, Public Law 101–599 and Technical Systems, National Research are at risk of being exposed underwater subsequent rulemaking by DOT were Council conduct an interdisciplinary pipelines or hazards to navigation. The intended to protect the public from the review and assessment of the many regulations also require each operator to hazards associated with pipeline technical, regulatory and jurisdictional conduct periodic underwater damage caused primarily by commercial issues that affect the safety of marine inspections of its pipelines in the Gulf fishing vessels in the shallow waters of pipelines in the offshore waters of the of Mexico and its inlets in waters less the northern Gulf of Mexico. Congress United States. The National Research than 15 feet deep based on the passed the law in response to two fatal Council appointed the Committee on identified risk. In lieu of reburial of the accidents in the late 1980s in the Gulf the Safety of Marine Pipelines discovered underwater exposed or of Mexico near the Texas and Louisiana (Committee), under the auspices of the hazard to navigation pipeline, the coastlines. The DOT subsequently Marine Board, to undertake the task. regulations now allow an operator to published regulations in response to the The Committee studied the Gulf of employ engineered alternatives that law and to meet its mandate to protect Mexico where about 99 percent of the meet or exceed the level of protection the public and the environment from marine pipeline mileage is located. provided by burial. the risks posed by underwater natural According to the Committee’s 1994 Pipeline Marker Analysis: In its gas and hazardous liquid pipelines. report, the Committee found the marine special permit petition submittals, A review of the legislative and pipeline network does not present an KWPC asserted that a pipeline marker rulemaking histories also reveals there extraordinary threat to human life and placed over the center of the KWPC was considerable debate about what did, that pipeline accidents involving deaths exposed underwater pipeline segment or did not, constitute a hazard to or injuries were rare. The Committee in accordance with 49 CFR 195.413(c)(2) navigation. While the underwater also found the most widespread risks would pose a hazard to navigation in exposed KWPC pipeline segment meets posed by pipelines are oil pollution, Fleming Channel. Therefore, KWPC the regulatory definition of a hazard to mainly due to pipeline damage caused proposed an alternate marking method navigation, there is considerable by vessels and their gear, and impacts to include a marker on the shorelines of support for concluding that no actual from anchors, nets, trawl boards and both Key West and Fleming Key as well hazard to navigation exists. This hulls of cargo, fishing, and service as an additional marker on the west side support includes the following facts vessels and mobile drilling rigs account of the nearby road bridge linking Key provided by KWPC: for most of the injuries, deaths, property West to Fleming Key. (1) The exposed underwater pipeline damage, and pollution. For example, the KWPC included with its submittals to segment is located hundreds of miles report notes that anchor damage alone PHMSA a letter from the USCG dated from the primary area of concern, the accounted for 90 percent of the September 6, 2005, which approved an northern Gulf of Mexico and its inlets. pipeline-related pollution on the OCS of alternate marking method. However, the (2) Commercial fishing vessels of the the Gulf of Mexico. Moreover, the report USCG letter did not address KWPC’s type used in the northern Gulf of states that very few incidents produced claim that a marker placed in the Mexico do not operate in the area of the most of the oil pollution from pipelines. channel above the center of the exposed exposed underwater pipeline segment. That is, the largest 11 pipeline spills underwater pipeline segment would (3) The exposed underwater pipeline caused by vessels accounted for 98 create a hazard in the channel. segment is in Fleming Channel, which percent of the pollution from pipelines. Therefore, PHMSA sought and received is only used by pleasure boats seeking The Committee’s report concluded the additional information on this issue. access to Key West Harbor from risks generally can be managed with This information includes a Special Garrison Bright and the Key West Yacht available technology and without major Purpose Survey signed and certified on Club. new regulations if enforcement of October 2, 2007, by a professional land (4) Shallow waters in the Fleming current regulations is improved. surveyor registered in the state of Channel (11 feet) and surrounding The Committee recommended that Florida. The survey provided the waters limit the transit traffic in the operators inspect the depth of burial of coordinates of the end points and center channel to vessels with drafts less than underwater pipelines at intervals of the exposed underwater pipeline 6.5 feet, allowing for a minimum determined by analysis of the segment. PHMSA forwarded these clearance of 4.5 feet above the exposed probabilities of risks. High risk areas are coordinates via e-mail to the USCG for underwater pipeline segment. zones of high density of pipelines; high evaluation. In a return letter to PHMSA (5) Navigational charts for the Key density of vessel traffic; shallow waters; dated November 26, 2007, the USCG West Harbor show the maximum the immediate vicinity of platforms; stated a ‘‘pipeline crossing sign above clearance beneath the road bridge areas of severe erosion or shift of the sea the center of the exposed pipeline is linking Key West with Fleming Key is floor and high potential for flooding; considered a hazard to navigation for 18 feet. This low bridge clearance and areas affected by hurricanes or vessels transiting Fleming Cut in that restricts the size of vessels able to enter severe storms. According to the area’’ and recommended that a standard Fleming Channel near the exposed Committee report, operators should ‘‘Danger Pipeline Crossing’’ sign be underwater pipeline segment. schedule surveys of pipelines using the placed on the south side of Fleming Key (6) Navigational charts for Key West relatively predictable behavior of Cut. KWPC’s alternate marking method Harbor show the exposed underwater sediment and shoreline erosion and includes the USCG recommended sign pipeline within a restricted, no after the passage of major storms. and two other signs: One on the north anchorage area, under U.S. Army Corps On July 29, 2004, 49 CFR part 195 was side of Fleming Key Cut and one on the of Engineers regulation 33 CFR 334.610, amended (Amendment 195–82) with nearby road bridge linking Key West to Danger Zone and Restricted Area additional underwater inspection Fleming Key. Regulations. requirements. The new and current Hazard to Navigation Analysis: A (7) Both sides of Fleming Channel, regulations require operators to prepare review of the legislative and rulemaking near the exposed pipeline, are part of and follow a procedure to identify histories relative to inspecting military annexes belonging to the Key pipelines in the Gulf of Mexico and its underwater pipelines reveals the West Naval Air Station. The naval air inlets in waters less than 15 feet deep Offshore Pipelines Navigation Hazards station has regulations prohibiting

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anchorage within the vicinity of the of the exposed underwater pipeline Authority: 49 U.S.C. 60118(c)(1) and 49 exposed underwater pipeline. segment. CFR 1.53. A letter to KWPC of November 29, Special Permit Grant Issued in Washington, DC on February 6, 2005, signed by the Chief, Prevention 2008. Division, Seventh Coast Guard District, PHMSA grants a special permit of Jeffrey D. Wiese, USCG states: compliance from 49 CFR 195.413(c)(2) Associate Administrator for Pipeline Safety. ‘‘The pipeline is submerged in a shallow and 95.413(c)(3) to KWPC for 200 feet of [FR Doc. E8–2533 Filed 2–11–08; 8:45 am] area that is transited solely by recreational the KWPC pipeline from station 0+00 to BILLING CODE 4910–60–P vessels and surrounding waters restrict the station 2+00 as shown in Figure 4 of the size of vessels that can transit the Fleming KWPC special permit request dated Key Cut. Due to the surrounding water January 10, 2006. DEPARTMENT OF TRANSPORTATION depths, vessels would run aground before contacting the pipeline. Furthermore, Special Permit Conditions Surface Transportation Board covering the pipeline with the appropriate PHMSA grants this special permit [STB Finance Docket No. 35095] amount of fill would reduce water depth with the following conditions: further. Based on the above factors, I have determined the exposed section of pipeline (1) KWPC will place signs on the The Alaska Railroad Corporation— does not pose danger to navigation that shoreline of Key West and Fleming Key, Petition for Exemption To Construct requires USCG action under existing immediately adjacent to the exposed and Operate a Rail Line Extension to statutory authorities.’’ underwater pipeline segment with the Port MacKenzie, AK following information: AGENCY: Special Permit Findings WARNING Restricted Area Transit Surface Transportation Board. ACTION: Notice of Intent to Prepare an PHMSA finds that granting this Only No Stopping or Anchoring Within 100 Yards of Shore Underwater Utility Environmental Impact Statement; special permit is not inconsistent with Notice of Availability of the Draft Scope pipeline safety and will provide a level 33 CFR 334.610 (2) KWPC will place a similar sign on of Study for the Environmental Impact of safety equal to or greater than reburial Statement; Notice of Scoping Meetings; of the exposed underwater pipeline the west side of the road bridge linking Key West to Fleming Key. and Request for Comments on Draft segment. We do so because the special Scope. permit analysis shows the following: (3) In addition to the 5-year (1) The alternate pipeline marking inspections performed under KWPC’s SUMMARY: The Alaska Railroad method proposed by KWPC, and agreed procedures for inspections of Corporation (ARRC) plans to file a to by the USCG, will provide for three underwater segments in the Gulf of petition with the Surface Transportation pipeline markers in lieu of one pipeline Mexico in waters less than 15 feet deep, Board (Board) pursuant to 49 U.S.C. marker and will provide adequate KWPC will inspect the exposed 10502 for authority to construct and warning to passing boats in Fleming underwater pipeline segment on an operate approximately 30 to 45 miles of Channel. annual basis to confirm that there has new rail line connecting the Matanuska- (2) The alternate pipeline marking been no material change in the Susitna Borough’s Port MacKenzie (or method proposed by KWPC, and agreed condition of the exposed underwater Port) in south-central Alaska to a point to by the USCG, will avoid the pipeline segment. on the ARRC main line between Wasilla navigational hazard that would be (4) KWPC will notify the Director, and north of Willow, Alaska. The created by placing a single marker above PHMSA Southern Region within 30 proposed Port MacKenzie Rail the center of the exposed underwater days, in writing, of any Extension (or Project) would provide pipeline segment. a. material change in condition of the freight services between the Port and (3) The underwater exposed pipeline exposed underwater pipeline segment Interior Alaska and would support the segment is in a shallow channel where found during any annual or 5-year Port’s continuing development as an it is unlikely to be struck by a inspection; intermodal and bulk material resources commercial fishing vessel or gear from b. any reportable or non-reportable export and import facility. The Port is a commercial fishing vessel. leaks or incidents on the KWPC owned by the Matanuska-Susitna (4) The underwater exposed pipeline pipeline, which impact the exposed Borough (MSB) and MSB is a co-sponsor segment is in a shallow channel underwater pipeline segment; and of the Project. Because the construction restricted area where the U.S. Navy c. mergers, acquisitions, transfer of and operation of this Project has the enforces a prohibition against assets or other events affecting the potential to result in significant anchoring. regulatory responsibility of the company environmental impacts, the Board’s (5) The USCG states the surrounding operating the KWPC pipeline. Section of Environmental Analysis water depths would cause vessels to run (SEA) has determined that the Special Permit Limitations aground before contacting the preparation of an Environmental Impact underwater exposed pipeline segment. PHMSA has the sole authority to Statement (EIS) is appropriate pursuant (6) PHMSA is granting this special make all determinations on whether to the National Environmental Policy permit subject to conditions and KWPC has complied with the specified Act of 1969 (NEPA), as amended (42 limitations to ensure KWPC employs an conditions. Should KWPC fail to U.S.C. 4321 et seq.). The purpose of this alternate marking method to provide a comply with any conditions of this Notice of Intent is to notify individuals level of safety equal to or greater than special permit, or should PHMSA and agencies interested in or affected by a marker placed above the center of the determine this special permit is no the proposed Project of the decision to exposed underwater pipeline segment. longer appropriate or that this special prepare an EIS. SEA will hold public (7) PHMSA is granting this special permit is inconsistent with pipeline scoping meetings as part of the NEPA permit subject to conditions and safety, PHMSA may revoke this special process associated with the limitations to ensure KWPC employs permit and require KWPC to comply development of the EIS. Additionally, as alternative actions to provide a level of with the regulatory requirements of 49 part of the scoping process, SEA has safety equal to or greater than reburial CFR 195.413(c)(2) and 195.413(c)(3). developed a draft Scope of Study for the

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