Just a reminder …. the comment period for identifying issues related to gas gathering lines has been extended to October 8, 1999. All comments must be submitted to the docket on or before this date.

Determining tasks covered under the new Operator Qualification rule is a priority for most pipeline operator’s. Some tasks, such as valve maintenance and cathodic protection surveys definitely pass the 4 part test without much question from any operator. However, there are some tasks whose status as covered or not covered is not quite as clear. One such task is right-of-way flyovers. How does this task do in the four-part test:

1. Is it performed on a pipeline facility?
   The pipeline right-of-way is included in DOT’s definition of a pipeline facility. You are flying over the right-of way but looking for things on the right-of-way. Is this task performed on the right-of-way?
2. Is it an Operations and Maintenance task?
   This is not even questionable. Right-of-way inspections are considered part of the routine maintenance of the pipeline system.
3. Is it performed as a requirement of 49 CFR Part 192 or 195?
   This is also a given. 49 CFR Part 192.705 and 195.412 require routine inspections of the pipeline right-of-way.
4. Does it affect the operation or integrity of the pipeline?
   This part of the test can also raise questions concerning this task. The results of this task can show that a pipeline is having integrity problems. However, does this have a direct effect on the operation and integrity of the pipeline?

What do you think about these questions? Please email your comments on these or other tasks that you would like to have included in future newsletters to tina@your-rcp.com.

RSPA has advised pipeline operators to review their damage-prevention programs to prevent excavators from rupturing lines when drilling directionally. The National Transportation Safety Board urged this action after its investigation of a fatal accident near Indianapolis.

The MMS posted a proposed rule in the October 1, 1999 Federal Register (page 53298). This proposed rule would clarify some unresolved regulatory issues involving the 1996 memorandum of understanding between the DOI and DOT. It would primarily address producer-operated pipelines that do not connect to a transporting operator's pipeline on the OCS before crossing into state waters. This rule will also set up procedures for producer and transportation pipeline operators to get permission to operate under either MMS or DOT regulations concerning pipeline design, construction, operation, and maintenance according to their operating circumstances.

The MMS will consider all comments received by November 30, 1999. Comments received after that date may be considered.

The proposed rule will give the following jurisdictions:

• Pipeline segments upstream of the last valve on the last OCS production facility should be operated under DOI regulatory responsibility. This responsibility would include the last valve on the last production facility and any related safety equipment. DOT would have regulatory responsibility for the pipeline segments shoreward of the last valve. DOT would have authority to inspect upstream safety equipment that may serve to protect the integrity of the pipeline segments.
• For any OCS pipeline segment that DOT has determined to be "DOT non-jurisdictional," the OCS portion of the pipeline would be subject to MMS regulation, and the portion of the pipeline that lies in State waters would be under State Jurisdiction.
• If a producer-operated pipeline has a subsea valve located on the OCS and shoreward of the last OCS production facility, the operator may choose that valve as the boundary between DOI and DOT regulatory responsibility. According to this proposed rule, producing operators who have been operating under DOT regulations must petition, in writing, the MMS Regional Supervisor for permission to continue operating under DOT regulations concerning pipeline design, construction, operation and maintenance. The Regional Supervisor will decide these on a case-by-case basis. Similarly, transportation pipeline operators may ask the MMS Regional Supervisor, in writing, for permission to operate under MMS regulations governing pipeline design, construction, operation, and maintenance. In considering these petitions, the Regional Supervisor will consult with the OPS Regional Director. This Federal Register Notice for this MMS Proposed Rule is available for viewing or download on the RCP Website.

• The Louisiana Pipeliner's Association October meeting will be October 11 at Ralph & Kacoo's. The program will include the DOT Perspective of the Operator's Qualification Rule. Cost is $20 for members and $25 for nonmembers. For further inforamtion or to RSVP call 1-800-737-7961.
• RCP will conduct a Person-in-Charge Train-the-Trainer Course in October in Baton Rouge and Houston. These training sessions will be conducted by Retired USCG Captain Roger Brunell, JD. This unique and informative course will provide you with the tools needed to train your Persons-in-Charge to meet the US Coast Guard's requirements found in 33 CFR 127 and 154. For further information or a Seminar Brochure contact Marilyn at 225-755-7760 or marilyn@your-rcp.com.
• RCP will have a review / discussion on the proposed MMS Pipeline Rule on at our Houston Offices the week of November 8th. Please call Bill Byrd at 225-755-7760 or 713-655-8080 if you are interested in participating.
• RSPA will hold a Public Meeting on November 4, 1999, from 1:00 – 5:00 in Room 8236 of the Nassif Building, 400 Seventh Street, SW, Washington D.C. to consider the need for a rulemaking to establish time limits for isolating ruptured pipelines. The meeting agenda will include presentation of findings from a recent OPS study on remote control valves and opportunity for public comments and suggestions. The public is encouraged to present oral remarks at the public meeting. If you want to make an oral presentation at the meeting, please notify Jenny Donohue no later than October 28, at 202-366-4046 or send email to jenny.donohue@rspa.dot.gov. Written comments may be submitted prior to December 6, 1999 by mail or hand delivery. Comments should identify docket number RSPA-97-2879. The original comment and one copy should be submitted. Written comments may also be submitted electronically to the docket at http://dms.dot.gov. Supplemental information concerning this possible rulemaking may be found in the Federal Register October 5, 1999, which is available on the RCP Website.

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