8104 Federal Register / Vol. 73, No. 29 / Tuesday, February 12, 2008 / Notices 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, VerDate Aug<31>2005 17:46 Feb 11, 2008 Jkt 214001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 E:\FR\FM\12FEN1.SGM 12FEN1 mstockstill on PROD1PC66 with NOTICES Federal Register / Vol. 73, No. 29 / Tuesday, February 12, 2008 / Notices 8105 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.