49 C.F.R. Subpart B—Annual, Accident, and Safety-Related Condition Reporting
Title 49 - Transportation
Beginning no later than June 15, 2005, each operator must annually complete and submit DOT form RSPA F 7000–1.1 for each type of hazardous liquid pipeline facility operated at the end of the previous year. A separate report is required for crude oil, HVL (including anhydrous ammonia), petroleum products, and carbon dioxide pipelines. Operators are encouraged, but not required, to file an annual report by June 15, 2004, for calendar year 2003. [Amdt. 195–80, 69 FR 541, Jan. 6, 2004] An accident report is required for each failure in a pipeline system subject to this part in which there is a release of the hazardous liquid or carbon dioxide transported resulting in any of the following: (a) Explosion or fire not intentionally set by the operator. (b) Release of 5 gallons (19 liters) or more of hazardous liquid or carbon dioxide, except that no report is required for a release of less than 5 barrels (0.8 cubic meters) resulting from a pipeline maintenance activity if the release is: (1) Not otherwise reportable under this section; (2) Not one described in §195.52(a)(4); (3) Confined to company property or pipeline right-of-way; and (4) Cleaned up promptly; (c) Death of any person; (d) Personal injury necessitating hospitalization; (e) Estimated property damage, including cost of clean-up and recovery, value of lost product, and damage to the property of the operator or others, or both, exceeding $50,000. [Amdt. 195–22, 46 FR 38360, July 27, 1981, as amended by Amdt. 195–39, 53 FR 24950, July 1, 1988; Amdt. 195–45, 56 FR 26925, June 12, 1991; Amdt. 195–52, 59 FR 33396, June 28, 1994; Amdt. 195–63, 63 FR 37506, July 13, 1998; Amdt. 195–75, 67 FR 836, Jan. 8, 2002] (a) At the earliest practicable moment following discovery of a release of the hazardous liquid or carbon dioxide transported resulting in an event described in §195.50, the operator of the system shall give notice, in accordance with paragraph (b) of this section, of any failure that: (1) Caused a death or a personal injury requiring hospitalization; (2) Resulted in either a fire or explosion not intentionally set by the operator; (3) Caused estimated property damage, including cost of cleanup and recovery, value of lost product, and damage to the property of the operator or others, or both, exceeding $50,000; (4) Resulted in pollution of any stream, river, lake, reservoir, or other similar body of water that violated applicable water quality standards, caused a discoloration of the surface of the water or adjoining shoreline, or deposited a sludge or emulsion beneath the surface of the water or upon adjoining shorelines; or (5) In the judgment of the operator was significant even though it did not meet the criteria of any other paragraph of this section. (b) Reports made under paragraph (a) of this section are made by telephone to 800–424–8802 (in Washington, DC 267–2675) and must include the following information: (1) Name and address of the operator. (2) Name and telephone number of the reporter. (3) The location of the failure. (4) The time of the failure. (5) The fatalities and personal injuries, if any. (6) All other significant facts known by the operator that are relevant to the cause of the failure or extent of the damages. [Amdt. 195–22, 46 FR 38360, July 27, 1981, as amended by Amdt. 195–23, 47 FR 32720, July 29, 1982; Amdt. 195–44, 54 FR 40878, Oct. 4, 1989; Amdt. 195–45, 56 FR 26925, June 12, 1991; Amdt. 195–52, 59 FR 33396, June 28, 1994] (a) Each operator that experiences an accident that is required to be reported under §195.50 shall as soon as practicable, but not later than 30 days after discovery of the accident, prepare and file an accident report on DOT Form 7000–1, or a facsimile. (b) Whenever an operator receives any changes in the information reported or additions to the original report on DOT Form 7000–1, it shall file a supplemental report within 30 days. [Amdt. 195–39, 53 FR 24950, July 1, 1988] (a) Except as provided in paragraph (b) of this section, each operator shall report in accordance with §195.56 the existence of any of the following safety-related conditions involving pipelines in service: (1) General corrosion that has reduced the wall thickness to less than that required for the maximum operating pressure, and localized corrosion pitting to a degree where leakage might result. (2) Unintended movement or abnormal loading of a pipeline by environmental causes, such as an earthquake, landslide, or flood, that impairs its serviceability. (3) Any material defect or physical damage that impairs the serviceability of a pipeline. (4) Any malfunction or operating error that causes the pressure of a pipeline to rise above 110 percent of its maximum operating pressure. (5) A leak in a pipeline that constitutes an emergency. (6) Any safety-related condition that could lead to an imminent hazard and causes (either directly or indirectly by remedial action of the operator), for purposes other than abandonment, a 20 percent or more reduction in operating pressure or shutdown of operation of a pipeline. (b) A report is not required for any safety-related condition that— (1) Exists on a pipeline that is more than 220 yards (200 meters) from any building intended for human occupancy or outdoor place of assembly, except that reports are required for conditions within the right-of-way of an active railroad, paved road, street, or highway, or that occur offshore or at onshore locations where a loss of hazardous liquid could reasonably be expected to pollute any stream, river, lake, reservoir, or other body of water; (2) Is an accident that is required to be reported under §195.50 or results in such an accident before the deadline for filing the safety-related condition report; or (3) Is corrected by repair or replacement in accordance with applicable safety standards before the deadline for filing the safety-related condition report, except that reports are required for all conditions under paragraph (a)(1) of this section other than localized corrosion pitting on an effectively coated and cathodically protected pipeline. [Amdt. 195–39, 53 FR 24950, July 1, 1988; 53 FR 29800, Aug. 8, 1988, as amended by Amdt. 195–63, 63 FR 37506, July 13, 1998] (a) Each report of a safety-related condition under §195.55(a) must be filed (received by the Administrator) in writing within 5 working days (not including Saturdays, Sundays, or Federal holidays) after the day a representative of the operator first determines that the condition exists, but not later than 10 working days after the day a representative of the operator discovers the condition. Separate conditions may be described in a single report if they are closely related. To file a report by facsimile (fax), dial (202) 366–7128. (b) The report must be headed “Safety-Related Condition Report” and provide the following information: (1) Name and principal address of operator. (2) Date of report. (3) Name, job title, and business telephone number of person submitting the report. (4) Name, job title, and business telephone number of person who determined that the condition exists. (5) Date condition was discovered and date condition was first determined to exist. (6) Location of condition, with reference to the State (and town, city, or county) or offshore site, and as appropriate nearest street address, offshore platform, survey station number, milepost, landmark, or name of pipeline. (7) Description of the condition, including circumstances leading to its discovery, any significant effects of the condition on safety, and the name of the commodity transported or stored. (8) The corrective action taken (including reduction of pressure or shutdown) before the report is submitted and the planned follow-up or future corrective action, including the anticipated schedule for starting and concluding such action. [Amdt. 195–39, 53 FR 24950, July 1, 1988; 53 FR 29800, Aug. 8, 1988, as amended by Amdt. 195–42, 54 FR 32344, Aug. 7, 1989; Amdt. 195–44, 54 FR 40878, Oct. 4, 1989; Amdt. 195–50, 59 FR 17281, Apr. 12, 1994; Amdt. 195–61, 63 FR 7723, Feb. 17, 1998] (a) Each operator shall, within 60 days after completion of the inspection of all its underwater pipelines subject to §195.413(a), report the following information: (1) Name and principal address of operator. (2) Date of report. (3) Name, job title, and business telephone number of person submitting the report. (4) Total number of miles (kilometers) of pipeline inspected. (5) Length and date of installation of each exposed pipeline segment, and location; including, if available, the location according to the Minerals Management Service or state offshore area and block number tract. (6) Length and date of installation of each pipeline segment, if different from a pipeline segment identified under paragraph (a)(5) of this section, that is a hazard to navigation, and the location; including, if available, the location according to the Minerals Management Service or state offshore area and block number tract. (b) The report shall be mailed to the Information Officer, Pipeline and Hazardous Materials Safety Administration, Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590. [Amdt. 195–47, 56 FR 63771, Dec. 5, 1991, as amended by Amdt. 195–63, 63 FR 37506, July 13, 1998; 70 FR 11140, Mar. 8, 2005] Each written report required by this subpart must be made to the Information Resources Manager, Office of Pipeline Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Room 7128, 400 Seventh Street, SW., Washington, DC 20590. However, accident reports for intrastate pipelines subject to the jurisdiction of a State agency pursuant to a certification under the pipeline safety laws (49 U.S.C. 60101 et seq.) may be submitted in duplicate to that State agency if the regulations of that agency require submission of these reports and provide for further transmittal of one copy within 10 days of receipt to the Information Resources Manager. Safety-related condition reports required by §195.55 for intrastate pipelines must be submitted concurrently to the State agency, and if that agency acts as an agent of the Secretary with respect to interstate pipelines, safety-related condition reports for these pipelines must be submitted concurrently to that agency. [Amdt. 195–55, 61 FR 18518, Apr. 26, 1996, as amended by Amdt. 195–81, 69 FR 32897, June 14, 2004; 70 FR 11140, Mar. 8, 2005] For each abandoned offshore pipeline facility or each abandoned onshore pipeline facility that crosses over, under or through a commercially navigable waterway, the last operator of that facility must file a report upon abandonment of that facility. (a) The preferred method to submit data on pipeline facilities abandoned after October 10, 2000 is to the National Pipeline Mapping System (NPMS) in accordance with the NPMS “Standards for Pipeline and Liquefied Natural Gas Operator Submissions.” To obtain a copy of the NPMS Standards, please refer to the NPMS homepage at www.npms.rspa.dot.gov or contact the NPMS National Repository at 703–317–3073. A digital data format is preferred, but hard copy submissions are acceptable if they comply with the NPMS Standards. In addition to the NPMS-required attributes, operators must submit the date of abandonment, diameter, method of abandonment, and certification that, to the best of the operator's knowledge, all of the reasonably available information requested was provided and, to the best of the operator's knowledge, the abandonment was completed in accordance with applicable laws. Refer to the NPMS Standards for details in preparing your data for submission. The NPMS Standards also include details of how to submit data. Alternatively, operators may submit reports by mail, fax or e-mail to the Information Officer, Pipeline and Hazardous Materials Safety Administration, Department of Transportation, Room 7128, 400 Seventh Street, SW, Washington DC 20590; fax (202) 366–4566; e-mail, [email protected]. The information in the report must contain all reasonably available information related to the facility, including information in the possession of a third party. The report must contain the location, size, date, method of abandonment, and a certification that the facility has been abandoned in accordance with all applicable laws. (b) Data on pipeline facilities abandoned before October 10, 2000 must be filed by before April 10, 2001. Operators may submit reports by mail, fax or e-mail to the Information Officer, Pipeline and Hazardous Materials Safety Administration, Department of Transportation, Room 7128, 400 Seventh Street, SW, Washington DC 20590; fax (202) 366–4566; e-mail, [email protected]. The information in the report must contain all reasonably available information related to the facility, including information in the possession of a third party. The report must contain the location, size, date, method of abandonment, and a certification that the facility has been abandoned in accordance with all applicable laws. [Amdt. 195–69, 65 FR 54444, Sept. 8, 2000, as amended at 70 FR 11140, Mar. 8, 2005] If the Department of Transportation investigates an accident, the operator involved shall make available to the representative of the Department all records and information that in any way pertain to the accident, and shall afford all reasonable assistance in the investigation of the accident. Each operator shall maintain an adequate supply of forms that are a facsimile of DOT Form 7000–1 to enable it to promptly report accidents. The Department will, upon request, furnish specimen copies of the form. Requests should be addressed to the Information Resources Manager, Office of Pipeline Safety, Department of Transportation, Washington, DC 20590. [Amdt. 195–22, 46 FR 38360, July 27, 1981, as amended at 47 FR 32720, July 29, 1982] The control number assigned by the Office of Management and Budget to the hazardous liquid pipeline information collection requirements of this part pursuant to the Paperwork Reduction Act of 1980 is 2137–0047. [Amdt. 195–34, 50 FR 34474, Aug. 26, 1985]
Title 49: Transportation
PART 195—TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
Subpart B—Annual, Accident, and Safety-Related Condition Reporting
§ 195.49 Annual report.
§ 195.50 Reporting accidents.
§ 195.52 Telephonic notice of certain accidents.
§ 195.54 Accident reports.
§ 195.55 Reporting safety-related conditions.
§ 195.56 Filing safety-related condition reports.
§ 195.57 Filing offshore pipeline condition reports.
§ 195.58 Address for written reports.
§ 195.59 Abandoned underwater facilities report.
§ 195.60 Operator assistance in investigation.
§ 195.62 Supplies of accident report DOT Form 7000–1.
§ 195.63 OMB control number assigned to information collection.
