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performance of the project; anorganization chart of the segment ofofferor's organization which will bedirectly assigned to the project, listingnames and job categories;

(v) description and location of thecompany-owned research test andproduction equipment and facilitieswhich will be available for use on theproject; separate list of any additional-facilities or equipment required in theperformance of the work, separate list ofexisting Government facilities availableto the contractor and required for use onthe project;

(vi) hourly time estimates (withoutpricing information) by labor class foreach phase or segment of the project;extent to which these estimates arebased on the use of employees presentlyon the offeror's payrolls who will beavailable for the work as required;indication of number and types ofpersonnel necessary to be hired andarrangements made to obtain them; and

(vii) for negotiated procurementsconducted under Source EvaluationBoard procedures where-detailed'program or project supportplans will berequired as part of the offeror'sproposal, and when such plans are notconsidered to be importantdiscriminators in the evaluation processbut only provide technical ormanagement support to the primaryproduct or service being offered, therequirements for these plans shall bedescribed ii separate appendices to theStatement of Work As part of theiroriginal proposal, offdrors will berequired to submit an estimate of thecost and work force to perform majortasks under each requirement separatelyidentified, and a summary of the majortask elements to perform eachrequirement. Offerors will also berequired to indicate that theyunderstand that a detailed program orproject support plan will be ultimatelyrequired if they are selected fornegotiations, and that such plans will benegotiated into the proposed contractprior to award.

(2) Business Manogement PrDoposal.(i) organizatioii proposed for carrying

out the project, including organizationcharts showing interrelationship ofbusiness management, technicalmanagement and subcontractmanagement; indication of all levels ofoperation and management, from lowerlevels through intermediate managementto top level management;

[ii) xesume of experience of all keypersonnel who will conduct themanagerial affairs of the project;

(iii) contractual procedures proposedfor the project to effect administrative

and engineering changes, describingdifferences from existing procedures;

(iv) extent to which offeror hasinvested corporate funds in researchand development work in the projectarea or directly related areas and plansfor future expenditures for such work;extent, if any, to which offeror is willingto participate in the cost of the project(see 3.405-3);

(v) statement as to capacity at whichcompany-owned research test, andproduction equipment and facilitiesrequired in the performance of the workare currently working; extent to whichsuch facilities and equipment couldhandle the additional workload imposedby this project; cost of any additionalfacilities or equipment required in theperformance of the work withinformation as to whether suchadditional facilities or equipment will becontractor-furnished or Government-furnished; statement of value of existingGovernment facilities available toofferor-and required for use on theproject, showing the Governmentagencies and facilities contracts

'involved;(vi) statement of past performance

and experience including:(A) list of Government contracts in

excess of $1,000,000 received in pastthree years or currently in negotiationinvolving mainly research anddevelopment work, showing eachcontract number, Government agencyplacing the contract, type of contract,and brief description of the work;

(B) for each cost-type contract, specifyamounts of cost overruns or underruns,reasons therefor, and percentage offixed fee;

(C) for each contract, give record ofcontract completion as againstcompletion date anticipated at time ofentering into contract, givingexplanations for completion delays; and

(D) identify and explain anyterminations for default or Governmentconvenience;. (vii) balance sheet for offeror's lastfiscal year, accompanied by profit andloss statement;

(viii) detailed cost or price proposal,furnished as a separate, detachableelement of the business managementproposal; and

(ix) in soliciting proposals for supportservices requiring price quotations for acost reimbursement type contract therequest for proposals should set forthavailable data respecting the quantityand quality of supplies aid servicesrequired. These data should be set forthin terms of work hours of identifiablecategories of labor, including experienceand related qualifications, and in terms

of quantities of supplies, all exclusive ofcosts. To be responsive, an offeror mustsubmit a detailed cost or price proposalbased on the effort described orestimated in the request for proposals. Ifthe offeror feels that the work can beaccomplished more efficiently withorganizational plans. staffing,management or equipment other thanthose indicated in the request forproposal. he may also submit analternate proposal, supported by afletailed cost or price proposal. -

(d) Source Evaluation Board RFP's.Requests for proposals. which aresubject to the review and approval of aSource Evaluation Board. should bedeveloped in accordance with the aboveparagraphs and the requirements ofparagraph 403 of the NASA SourceEvaluation Board Manual (N-B5103.6A).

(e) Acquisition of Mefor Systems.Requests for alternative system designconcept proposals leading to theacquisition of a major system subject tothe policies and procedures prescribedIn NM1 7100.14A shall clearly expressmission need, schedule, cost-capabilityobjectives, and operating constraintsapplicable to the particular program.The request for proposals should beprepared so that offerors are free topropose their own technical approach,main design features, subsystems, andalternatives to schedule, cost, andcapability goals. Use of Governmentspecifications and standards should berestricted.IMl Doe. M==Z Mid 7413-7t &45 im]IBLUNG COoE 7510-01-U

DEPARTMENT OF TRANSPORTATION

Materials Transportation Bureau

49 CFR Part 195

[AmdL 195-15; Docket PS-51]

Transportation of Liquids by Pipeline;Procedures for Operations,Maintenance, and Emergencies

AGENCY: Materials TransportationBureau (MTB).ACTION' Final rule.

SUMMARY. This final rule establishesprecise and comprehensiverequirements for written procedures tobe prepared and followed by operatorsof hazardous liquid pipelines forconducting pipeline operations andmaintenance, and for handlingemergencies.OATE: Effective date of this final rule isJuly 15,1980.

I

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FOR FURTHER INFORMATION CONTACT.Frank Robinson, 202--426-0135.

SUPPLEMENTARY INFORMATION: Failureanalyses and accident investigations byMTB and recommendations by theNTSB (P-79-9, P-78-10, P-74-:53, 54, 56,58, P-73-30, 49, P-72-3) indicate that iiimany cases pipeline carrierstransporting hazardous liquids do nothave adequate procedures for handlingnormal operations and maintenance,abnormal operations, and emergencies.The lack of procedures to assureappropriate and timely action hascontributed to the occurrence of failuresand to the damage resulting fromfailures. ,

Carriers who have established andwho have implemented adequatewritten operating, maintenance, andemergency procedures together withappropriate personnel- training havesafety records whichdemonstrate thatthis approach is effective in minimizingthe potential fof hazardous incidents. Inview of the enhanced safety resultingfrom adequate written procedures tocontrol operations, maintenance, andemergencies, MTB reviewedthe ,requirement in § 195.402 to establisl and -maintain such procedures. Section'195.402 for procedures was found -inadequate because it doe not clearlyset forth in sufficient detail those itemswhich the procedures must include toachieve adequate safety.-As a resultanotice of proposed rulemaking (NPRM}was published in ther Federal Register(43 FR 35513, August 10, 1978) providingdetailed justification for the NPRM andproposing to establish the essentials thatthese procedures must include as wellas requirements for communications,personnel training, and public educationconcerning the hazards involved.

Thirty-one comm6nters responded tothe NPRM. Only one commenter-agreedwith all provisions of the notice. Theother commenters recommendedchanges to one or more of the individualparagraphs in the notice. Substantivecomments, responses to substantivecomments, and the development of thefinal rules follow:

Definition of Highly Volatile LiquidThe NPRM proposed & definition of

the term "highly volatile liquid (HVL),for use in conjunction with the proposedprocedures. Certain special procedureswere proposed for pipelines transportingHVLs because such commodities usuallypose a greater hazard than other liquidcommodities in the event of a spill.

The proposed definition of an HVLwas a liquid whichhas an absolute,vapor pressure of 100 KPa (14.5 psia) ormore at 37.8 C (1000 F). The intent was

to describe those commodities whichwould form a vapor cloud whenreleased to the atmosphere.-

One~commenter objected to theaddition of the new term "highly volatilefiquia" questioning whether a new term,not generally used by the industry, isappropriate. Another commenterrecommended that establisheddefinitions in Part 173, § 173.300o, beutilized for highly volatile liquids.

The MTB believes a'new term to- define highly volatile liquids is

necessary in order that certain rules canbe promulgated that apply only to thesecommodities. MTB further believes thereis no commonly used term to describethese commodities. Additionally, there -

is no term in Part 173 that adequatelydescribes highlyvolatile liquids. Section173.300 gives three definitions of acompressed gas. Of these definitions,the one that most adequately describessome HVLs is the one which reads.* * any liquid flammable materialhaving a vapor pressure exceeding 40psi absolute at 100 F * * *." Althoughthis definition would serve to describeflammable HVLs such as LPG, itexcludes other HVLs subh as anhydrousammonia which are not flammable.Hence, a new term describing an HVL isappropriate. o

One commenter recommended anontechnical description as well as atechnical definition be included in thefinal rule. Although the commenter didnot recommend the specific wording fora nontechnical description of an HVL, anontechnical description is given in the -finaf rule as an aid in understandinghow an HVL differs from othercommodities.

Two commenters recommended that.liquefied natural gas (LNG) bespecifically excluded in the definitionarguing that the proposed definitionwould erroneously include LNG. MTBdoes not agree that the proposeddefinition of an HVL includes LNGbecause LNG is not a liquid at 100 Fand, hence, cannot have a vaporpressure at that temperature.

Nine commenters recommended that ahighly volatile liquid be defined as thoseliquids with an absolute vapor pressureof 40 psi or more at 100° F arguing that(1) theproposed rule defining an HVL asa liquid with a vapor pressure of 14.5psia or more at 1000 F woulderroneously include some commoditieswhich do not form vapor clouds such assome crude oils, (2) increasing the vaporpressure in the definition to 40 psia ormore, would exclude such crude oils,and (3) increasing the vapor pressure to40 psia or more at 1000 F would make

the definition numerically consistentwith § 173.300.

The MTB agrees that the proposeddefinition of an HVL would erroneouslyinclude some crude oils, The MTBfurther agrees that increasing the vaporpressure in the definition to 40 psiawould appropriately exclude such crudeoil, but yet include those commoditieswhich are intended to be covered, suchas LPG and anhydrous ammonia,

In view of the foregoing, the definitionof an HVL in the final rule has beenchanged from the definition in theproposed rule. The final definition ofHVL is "a commodity which will form avapor cloud when released to theatmosphere and which has a vaporpressure exceeding 276 kPa (40 psia) at37.8 C (100- F)."

General Requirements

Two commenters noted that thereference to "paragraph (a)" in theredesignated general requirements of§ 195.401(a) should be changed to§ 195.402(a) for-consistency. Thiscorrection is-made in the final rule.

Several coMmenters misunderstoodthe scope of the notice believing that Itapplied only-to pipelines carrying HVL,The proposed regulations and finalregulations apply to all liquidcommodity pipelines operated bycarriers engaged in interstate or foreigncommerce with special provisions forHVL pipelines.

Procedural Manual for Operation,Maintenance, and Emergencies

One commenter on proposed§ 195.402(a) recommended that keepingprocedures in a manual form be madeoptional, arguing that implementingwritten procedures would be undulyburdensome and costy.,Anothercommenter made the same argument foroffshore pipelines. One commenterargued that although carriers now havewritten procedures, putting theseprocedures into a manual would servono useful purpose other than to complywith the proposed rulemaking. The MTBdisagrees with these views. The existing§ 195.402 requires written procedures foroperation and maintenanceConsequently, there should be little, Ifany, added cost to put these proceduresinto a manual. Further, it is difficult toascertain how the procedures could beutilized or evaluated effectively withoutbeing in such form. As a result, theproposed requirement for maintaining acurrent written manual of procedures foreach pipeline system has been-retainedin § 195.402(a) of the final rules.

Most commenters agreed with theproposed requirement to have a written

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procedures manual. However, 10commenters recommended that theproposed requirement to file a copyofthe procedures manual with theSecretary be deleted. They argued that(i) a review of the manual by personsnot familiar with the specific pipelinewould be meaningless, and (2)submitting the manual and all thechanges to the manual would beburdensome.

The MTB finds repugnant theassertion that a pipeline carrier'soperation, maintenance, and emergencyprocedures should not be subject toreview by persons not intimatelyfamiliar with the specific pipeline (i.e.,persons not in the employ of the carrier).Carriers are-not above publicaccountability for what they do or don'tdo toward reducing the potential foraccidents and the damage that accidentsproduce. However, because the MTBalso has its concerns with carrierssubmitting all manuals and changes forreview,'those requirements were deletedin the final rule. Instead, it is MTB'sintention to have its Regional pipelineinspectors, during regular inspectionvisits, review carriers' manuals againstthe specific requirements of this newrule.

Section 195.402(a) of the final rulespecifies an annual review of themanual by the carrier and appropriatechanges made as necessary to insurethat the manual is effective. The MITBbelieves this review and update of themanual will insure that the manual iscomplete and current. The final rulespecifies that the manual shall be keptat locations where operations andmaintenance activities are conducted.The intent is to keep the manuals atlocations where they will beimmediately available to operatingpersonnel and to MTB inspectionpersonnel for review during theirperiodic inspections.

Two commenters recommended thatthe time for compliance with therequirement to have a proceduresmanual be within 1 year of the effectivedate of the regulation or within 3 monthsafter a carrier begins initial operations.While MTB agrees that adequate time isnecessary to prepare the manual, MTBbelieves that pipelines should not beginoperations without written proceduresbecause accidents are likely to occurduring initial operations. Accordingly,the MTB has made this final ruleeffective July 15, 1980. This givessufficient time to prepare the proceduresmanual for pipelines systems inoperation on that date. For pipelinesystems that begin initial operationsafter July 15,1980, § 195.402(a) makes

clear That the procedures manuals mustbe completed before operationscommence. There were no substantivecomments regarding § 195.402[b), and itis adopted as proposed.

Three commenters recommended thatthe proposed § 195A02(c)(1) concerningthe availability of records and maps bedeleted arguing that it merely repeatsthe requirements of existing § 195A04.However, such commenters weremistaken because § 195.404 requires theretention of certain data, while theproposed § 195.402(c)(1) provides for theuse of such data where necessary forsafe operations and maintenanceactivities. Therefore, § 195.402(c)(1) isadopted as Proposed.

There were no substantive commentsconcerning § 195.402(c) (2) and (3). andthese paragraphs are adopted asproposed.

One commenter to § 195.402(c)(4)which required that the carrier Identifypossible hazards argued that thisparagraph could be interpreted torequire each piece of equipment to bereexamined and its reliability certified.The MTB recognizes that statisticalreliabilities and confidence levels arenot available for most pipelineequipment and it is not the intent of thisparagraph to require suchsophistication. Another commenterrecommended that this paragraph bedeleted entirely arguing that theproposed paragraph would require acarrier to predict where a pipelinewould fail. Such is not the intent. Rather,the intent of proposed § 195A02(c)(4) isto require a carrier to analyze its systemand its practices with the recordsavailable and its knowledge of potentialhazards, and to identify those facilitiesthatwourd cause hazards to the publicand to the system itself if failure didoccur. Because MTB believes that thelanguage of the proposed requirement isconsistent'with that intent§ 195.402(c)(4). as proposed, has beenincorporated in the final rule.

There were no subitantive commentsconcerning § 195.402(c)(5). (6). and (7),and these paragraphs are adopted asproposed.

Regarding proposed § 195.402(c)(8)and (9), six commenters recommendedthat these two paragraphs be deleted orsubstantially rewritten arguing that theproposed wording has includedlanguage for specific designrequirements which should beaddressed in the design section of theregulations rather than the operationssections. The MTB agrees that it may benecessary for a carrier to installtelemetry equipment to meet the intentof § 195.402(C)(8) and (9). The intent is to

require monitoring of pipelineoperational data from attendedlocations so that abnormalities can bedetected quickly and proper procedures

-instigated. However, the means bywhich a carrier monitors operationaldata is not related to the design of itspipeline system. A carrier may choose totelemeter data from several locations toone central attended location to meetthese requirements. Alternatively,personnel at the various locations maymonitor the data directly. As aconsequence, these two paragraphshave been adopted as proposed asoperational requirements.

There were no substantive commentsregarding § 195.402(c)(10). Thisparagraph is adopted as proposed.

One commenter questioned whether acarrier would have the means orauthority to minimize the likelihood ofaccidental ignition of vapors nearpipeline facilities, but off the pipelineright-of-way as required by§ 195.402(c)(11). The MTB believes thatthe carrier might not have directauthority in all cases, but that he hasaccess to those who do have suchauthority and can effect changesrequired to assure safety. Thisparagraph has been retained asproposed.

There were no substantive commentsconcerning § 195.402(c)(12), (13), and(14), and these paragraphs are adoptedas proposed.

Two commenters noted that theproposed § 195A02(d) concerningprocedures for abnormal operationswould require carriers to developprocedures to respond to many normalactions. They argued that the advancedtechnology of pipeline control systemswill actuate a valve or a safety deviceas part of its normal functions. Thesecommenters recommend that thisparagraph be rewritten to apply toconditions outside of normal designlimits. In view of this argument,§ 195.402(d) has been rewritten to applyto those abnormal situations whereoperating design limits have beenexceeded.

Other substantive commentsconcerning the requirements of§ 195.402(d) are fully responded to bythe revision of § 195.402(d) above.

One commenter objected to theproposed § 195.402(e](2) which includes"release of commodity from a pipelinefacility" as a emergency situationrequiring emergency response. It wasargued that a "release of commodity" isan occurrence that by design existsoften as part of normal operating andmaintenance practices. Recognizing thatplanned releases of commodity are part

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of normal operation and maintenance,the proposed § 195.402(e)(2) has beenreworded in the final rule to include"accidental release of commodity from apipeline 'facility" as one of the situationsrequiring emergency procedures.

One commnenter recommended thatthe proposed § 195.402(e)[3) be changedto read "making personnel, equipment,instruments, tools, and materialsavailable promptly as needed at thescene of the emergency." Since itappeprs that the proposed§ 195.402(e)(3) could be interpreted tomean that personnel, equipment, etc.,must be kept standing by at all possiblescenes of emergencies, the -recommended wording by thecommenter is adopted in the final rulefor clarification.

Two commenters recommended thatthe phrase "including possibleintentional ignition in the case offlammable HVL" be deleted from theproposed § 195.402(e)(5) concerningprocedures for controlling releasedcommodities. One commenter statedthat he had studied the use ofintentional ignition as a means ofcontrolling a release but had beenunable to develop a safe procedure. Theother commenter stated that nymention of intentional ignition must be'accompanied by safeguards and.warnings concerning its use. The MTBrecognizes the potential hazards in theuse of intentional ignition. The MTB alsorecognizes that it is used in some casesalbeit with the utmost care and caution.It is for these very reasons that MTBproposed to require that intentionalignition be addressed in the procedures,manual. Although the proposed ruleleaves the use of intentional ignition tothe discretion ofthe carrier, MTBbelieves that an adequate procedure bynecessity will incorporate safeguardsand warnings that should be in place itthe carrier opts to use this method tocontrol accidental releases.'

Two commenters recommended thatthe phrase '."by evacuating residents".

'concerning minimizing public exposure.to hazards in proposed § 195.402(e](6) bechanged to "assisting with the ,evacuation of residents" arguing that thecarrier does not have the authority to . ,evacuate residents. Recognizing that thecarriers are not legally authorized toevacuate residents in case of aneneigency, the recommended wording"by assisting with evacuation ofresidents" has been'adopted in the finalrule. For the same reason, the proposedwording 'halting traffic on roadsand...railroads" in the proposed ,,§ 195.402(e)(6) has been chinged to

"assisting with halting traffic on roadsand railroads" in the final rule.

One commenter recommended that'the proposed §-195.402(e)(7) include a

- statement that the individuals withjurisdiction or control of the land onwhich the pipeline is located be notifiedof any abnormalities or emergencyconditions. This recommendation wasnot adopted in the final rule becauseMTB believes that (1) during anemergency, time is of the essence and arequirement to notify landowners wouldconsume viluable time of the carriers'key personnel, (2) landowners may notbe the ones most directly endangered bythe hazard, and (3) landowners are not

- usually prepared to assist withcontrollingr'ahazard. Consequently, thewording proposed in the notice has beenretained. This is not to say thatnotification of landowners should bediscouraged or prohibited because theremay well be instances where suchpractice is advisable and should bedone under § 195.402(e)(6) as part of thepublic notice.

Two commenters recommended thatthe proposed § 195.402(e](8) be amendedto require the determination of safeareas rather than hazardous areas in thecase of an HVL spill, arguing that itwould be more practical to determinesafe areas. The intent of the proposed'regulation was a r6quiremqnt todetermine as far as practicable, theextent of a vapor cloud and how it mightbe'moving or expanding so that thehazard might be'assessed and whatprotective measures must be taken. Theproposed wording conveys this intentmore clearly than the recommendedwording, hence the proposed wording isretained in the final -rule.

There were no substantive commentsregarding § 195.402(e)(9), and ihisparagraph is adopted as proposed.

One commenter recommended thatproposed § 195.403 be amended torequire carriers to provide training toState firefighting personnel regardingproper procedures for responding toHVL releases..While thisrecommendation was not adopted in the'final-rule, procedural manualrequirements for handling emergencies;require carriers to undertake emergencypreplanning with fire, police, and theappropriate public'officialst§ 195.402(e)(7)). Preplanning can and,particularly where small community fireservices are involved, should includetraining assistance. Suchttaining Isaailable froin several sources such asthe National Fire Protection Association(NFPA) who-recently developed, undercontract to MTh, a training course titled

"Handling Pipeline TransportationEmergencies."

One commenter recommended thatthe proposed § 195.403(a)(2) be deletedarguing that training all operating andmaintenance employees to know all thehazards of all commodities transportedwould confuse the employees andreduce the likelihood of obtaining thtproper responses to an emergency. TheMTB does not believe that the range ofcommodities transported and theassociated hazards of thosecommodities arq so large as to confuseoperation and maintenance personnel,Knowledge of the characteristics andhazards of the commodities with whichthe operation and maintenancepersonnel are involved is essential toany well developed procedures foroperati6ns, maintenance, andemergencies. Therefore, this proposalhas been retained.

'One commenter to § 195.403(a)(3)recommended that the wording "predictthe consequences of facilitymalfunctions or failures and commodityspills" be deleted arguing that It isunnecedsary that the operating andmaintenance employees be able topredict such consequences. Thecommenters argue that knowing onlythat certain situations are emergenciesand to take corrective action is adequateto assure safety. The MTB disagrees.The MTB believes employees mustrecognize the consequences that canresult from an emergency in order totake timely and appropriate action.Consequently, the proposed wording of§ 195.403(a)(3) is retained in the finalrule.

One commenter recommended thatreference to a simulated pipelineemergency be deleted from§ 195.403(a)(5) arguing that the methodsof training should be at the discretion ofthe carrier. The MTB believes thewording of the paragraph which calls forsimulated emergencies "where feasible"leaves sufficient discretion to the carrierand has retained the proposed wordingin the final rule. Simulated emergencyconditions are a proven and valuableemergency training technique. Pipelinecarriers are to be encouraged to join Intheir use.

Therb~were no substantive commentsconcerning proposed § 195.403(a)(1). (4),or (6), There are no changes to theseparagraphs in the final rule.

Seven commenters recommended thatthe training review interval In§ 195.403(b) be changed from 6 monthsto 1 yeart arguing that (1) the 6-monthinterval would be burdensome and (2)the 0-month interval is more often thannecessary to meet training objectives,.

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The commenters further argued that ayearly review interval is adequate tomeet training objectives and-adequate toassbre safety. As a result of thecommenters' arguments, the reviewinterval has-been changed to 1 year inthe final rule.

There were no substantive commentsregarding § 195.403(b) (1) and (2). Theseparagraphs are adopted as proposed.

One commenter recommended thatthe requirement in proposed § 195.403(c)to train supervisors and verify thattraining be deleted arguing that (1) theneed to train supervisors is self-enforcing (MTB interpreted this to meanthat supervisors must first be trainedand they in turn, will train lowerechelon employees), and (2) verificationwould be burdensome in that it wouldadd an unnecessary layer of paperwork.The MTB believes that supervisortraining and verification of that trainingis essential because supervisorsgenerally make many of the criticaldecisions in an emergency. Theproposed requirements have beenretained in the final rule because MTBbelieves the benefits derived from suchrequirements would be significantlygreater than the burden of the necessarypaperwork.

Concerning the communicationsrequirements of proposed § 195.408, twocommenters recommended that thisparagraph apply only to pipelinestransporting HVL, while anothercommenter recommended that offshorepipelines be excluded. A furthercommenter questioned the need for such-communications for chlorine pipelines.MTB believes that communicationsadequate to assure safety are essentialfor all hazardous liquid pipelines,regardless of the location or commoditytransported. Hence, the proposedwording of § 195.408 has been retainedin the final rule..

Two commenters noted that "nsuring -communications with fire, police, andother appropriate public officials duringemergency conditions * * *" asrequired in § 195.408(b)(4) might not bepossible because carriers commonlylease communications lines and havelittle control over these facilities. Thecommenters recommended "providingcommunications with * * as a betterchoice of language because emergencycommunications can be provided toserve during these incidents, whereasnormal communications cannot beinsured. In view of this argument,proposed § 195.408(b)[4) was changedaccordingly in_ the final rule.-Therewere-no substantive comments

regarding § 195A08(a) or §-195.408(b)(1),

(2), and (3), and these paragraphs areadopted as proposed.

Eight commenters recommendeddeletion of the requirements in proposed§ 195.440 to inform persons who live orwork within 220 yards of an HVLpipeline and within I mile if locateddownhill from an HVL pipeline aboutthe particular hazards of thecommodities transported. Thesecommenters agued that (1) compliancewith this requirement sets forth animpossible task with which no carriercan comply. Any attempt at compliancewould require hiring thousands ofpeople to notify millions of people daily,many of whom are transient, about thehazards of HVL; (2) even if such a taskcould be accomplished, ignition of vaporclouds would not necessarily beprevented; and (3) many false alarmswould be created (i.e., ordinary groundfog might be reported frequently as avapor cloud) making response to actualemergencies more difficult. Most ofthese same commenters agree that thefirst two sentences of the proposed§ 195.440 set forth the requirements foran effective public education program.

In view of the difficulty in attemptingto comply with this requirement and theuncertainty of the benefits if compliancecould be obtained, the requirement toinform persons who live or work within220 yards, or I mile downhill from anHVL pipeline has been deleted in thefinal rule. MTB believes that theremainder of the proposed § 195.440requiring the carrier to conduct aneducational program to enable thepublic, appropriate governmentorganizations, and persons engaged inexcavation-related activities torecognize an emergency and report it tothe carrier, fire, police, or otherappropriate public officials when takentogether with the emergency proceduralrequirement for preplanning with localofficials will achieve substantially thesame desired results.

One commenter recommended thatprovision be made in proposed § 195.440to allow several carriers operatingpipelines in the same area toconsolidate their public educationprograms into one program so that thepublic could be instructed to report anypipeline emergency to a single agency.The MTB believes the proposed§ 195.440 does not prohibit carriers fromconsolidating their public educationprograms; on the contrary, this practiceig encouraged.

The notice of proposed rulemakingstated that upon adoption of the finalrule, existing references to liquefiedpetroleum gas and liquefied gases wouldbe deleted and the new term "highly

volatile liquid" would be substituted inPart 195. This has been done in the finalrule by amending § § 195.50(c).195.24(b), 195.424(b)(1), 195.424(b](2),195.424(c), 195.428(a), and 195.428(b].However, this substitution was notmade in § 195.6 because the intent in§ 195.6 is to exclude from notificationrequirements only liquefied petroleumgas rather than all highly volatileliquids. Similarly, this substitution wasnot made in § 195.306(b) wherein "liquidpetroleum that does not vaporizerapidly" may be used as a test medium.Conceivably, § 195.306(b) could be readto include all products other than ahighly volatile liquid. * * * Such is notthe case. Section 195.306(b) shallcontinue to allow products such asdiesel fuel that do not vaporize rapidlyto be used in some instances as a testmedium.

In view of the foregoing, Part 195 ofTitle 49 of the Code of FederalRegulations is amended as follows:

1. By adding a new definition to§ 195.2 to read as follows:

§195.2 Deflttion,.

"Highly volatile liquid" or "HVL"means a commodity which will form avapor cloud when released to theatmosphere and which has a vaporpressure exceeding 276 kPa (40 psia) at37.8- C (100- F).

2. By adding a new § 195.401 to readas follows:

§ 195.401 General requirements.(a) No carrier may operate or

maintain its pipeline systems at a levelof safety lower than that required bythis subpart and the procedures it isrequired to establish under paragraph195.402(a) of this section.(b) Whenever a carrier discovers any

condition that could adversely affect thesafe operation of itg pipeline system, itshall correct it within a reasonable time.However, if the condition is of such anature that it presents an immediatehazard to persons or property, thecarrier may not operate the affected partof the system until it has corrected theunsafe condition.

Cc) No carrier may operate any part ofa pipeline system upon whichconstruction was begun after March 31.1970, or in the case of offshore pipelineslocated between a production facilityand a carrier's trunkline reception point.after July 31,1977, unless it wasdesigned and constructed-as required bythis part.

3. By revising § 195.402 to read asfollows:

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§ 195.402 Procedural manual foroperations, maintenance, and emergencies.

(a) General. Each carrier sh all prepareand follow for each pipeline system amanual of written procedures forconducting normal operations and .maintenance activities and handlingabnormal operations and emergencies.This manual shall be reviewed annuallyand appropriate changes made asnecessary to insure that the manual iseffective. This manual shall be preparedbefore initial operations of a pipelinesystem commence and appropriate partsshall be kept at locations whereoperations and maintenance activitiesare conducted.

(b) Amendments. If the Secretaryfinds that a carrier's procedures areinadequate to assure safe operation ofthe system or to minimize hazards in anemergency, the Secretary may, afterissuing a notice of amendment andproviding an opportunity for an informalhearing, require the carrier to amend theprocedures. In determining the adequac5of the procedures, the Secretary _considers pipeline safety data, thefeasibility of the procedures, andwhether the procedures are appropriatefor the pipeline system involved. Eachnotice of amendment shall allow thecarrier at least 15,days after receipt ofsuch notice to submit written commentsor request an informal hearing. Afterconsidering all material presented, theSecretary shall notify the carrier of therequired amendment or withdraw thenotice proposing the amendment.

(c) Maintenance and NormalOperations. The manual required byparagraph,(a) of this section mustinclude procedures for the following toprovide safety during maintenance andnormal operations:

(1) Making construction records,maps, and operating history available a,necessary for safe operation andmaintenance.

(2) Gathering of data needed forreporting accidents under Subpart B ofthis part in a timely and effectivemanner.

(3) Operating, maintaining, andrepairing the pipeline system inaccordance with each of therequirements of this subpart.

(4) Determining on the basis of designconstruction, leak history, and otherrelevant data, which pipeline facilities,operating conditions, installationtechniques, and maintenance methodswould cause hazards to the safety of thepublic or system integrity in the event ola malfunction or failure.

(5) Analyzing pipeline accidents to'determine their causes (in cooperationwith the Secretary when apprbpriate).

(e) Minimizing the potential forhazards identified under paragraph(c)(4) of this sectiop and the possibilityof recurrence of accidents analyzedunder paragraph (c)(5)of tJais sectiofn.

(7) Starting up and shutting down anypart of the pipeline system in a mannerdesigned to assure operation within, thelimits prescribed by § 195.406, considerthe commodity in transportation,variations in altitude along the pipeline,and pressure monitoring and controldevices. - "I

(8) Monitoring from an attendedlocation pipeline pressure during startupuntil steady state pressure and flowconditions are reached and. during shut-in to assure operation within limitsprescribed by § 195.406.

(9) Detecting abnormal operatingconditions at points of receipt and

* delivery of the commodity and atfacilities identified under paragraph(c)(4) of-this-section by monitoringpressure, temperature, flow, or otherappropriate operational data andtransmitting this to an attended location.

(10) Abandoning pipeline facilities,including safe disconnection from anoperating pipeline system, purging ofcombustibles, and sealing abandonedfacilities-left in place to min'imize safetyand environmental hazards.

(11) Minimizing the likelihood of.accidental ignition of vapors in areasnear facilities identified underparagraph (c)(4) of this section wherethe potential exists for the presence offlammable liquids or gases.

(12) Establishing and maintainingliaison with fire, police, and otherappropriate public officials to learn theresponsibility and resources of eachgovernment organization that mayrespond to a liquid pipeline emergencyand acquaint the officials with thecarrier's ability in responding to a liquid-pipeline emergency and means ofcommunication.'

(13) Period ically reviewing the workdone by carrier personnel to determinethe effectiveness of the procedures usedin normal operation and maintenanceand taking corrective action wheredeficiencies are found.

(14) Any other items reasonablyconsidered necessary for the safeoperation and maintenance of-thesystem.

[d) Abnorial Operation. The manualrequired by paragraph (a) of this sectionmust include procedures foi the "following to provide safety when-operating design limits have beenexceeded: .

(1) Responding to, investigating, and,correcting the cause of: .

(i) Unintended closure of valves orshutdowns;

(ii) Increase or decrease in pressure orflow rate outside normal operatinglimits;

( iit) Loss of communications;(iv) Operation of any safey device(v) Any other malfunction of a

component, deviation from normaloperation, or personnel error whichcould cause a hazard to persons orproperty.

( (2) Checking variations from normaloperation after abnormal operation hasended, including pressure and flow ratesat outlet and inlet facilities and atsufficient critical locations in the systemto determine continued integrity andsafe operation.

(3) Correcting variations from normaloperation of pressure and flowequipment and controls.

(4) Notifying responsible carrierpersonnel when -notice of an abnormaloperation is received,

(5) Periodically reviewing theresponseiof carrier personnel todetermine the effectiveness of theprocedures controlling abnormaloperation and taking corrective actionwhere deficiencies are found.

(e) Emergencies, The manual requiredby paragraph (a) of this section mustinclude procedures for the following toprovide safety when an emergencycondition occurs:

(1) Receiving, Identifying, andclAssifying notices of events which needimmediate response by the carrier ornotice to fire, police, or otherappropriate public officials andcommunicating this information toappropriate carrier personnel forcorrective action.

(2) Prompt and'effective response to a,notice of each type emergency, includingfire or explosion occurring near ordirectly involving a pipeline facilityacci lental release of commodity from apipeline facility, operational failurecausing a hazardous condition, andnatural disaster affecting pipelinefacilities.

(3] Having personnel, equipment,instruments, tools, and materialavailable as needed at the scene of anemergency.

(4) Taking necessary action, such asemergency shutdown, or pressurereduction, to minimize the volume ofhazardous material that is released fromany section of a pipeline system in theevent of a failure.

(5) Control of released commodity atan accident scene to minimize the .hazard, including possible intentionalignition in the cases of flammable highlyvolatile liquid.

Federal Register / Vol. 44, No. 137 / Monday, July 16, 1979 / Rules and Regulations

(6) Minimization of public exposure toinjury and probability of accidentalignition by assisting with evacuation ofresidents and assisting with haltingtraffic on roads and railroads in theaffected area, or taking otherappropriate action.

(7) Notifying fire, police, and otherappropriate public officials of liquidpipeline emergencies and coordinatingwith them preplanned and actualresponses during an emergency,including additional precautionsnecessary for an emergency involving apipeline system transporting a highlyvolatile.liquid.

(8] In the case of failure of a pipelinesystem transporting a highly volatileliquid, use of appropriate instruments toassess the extent and coverage of thevapor cloud and determine thehazardous areas.

(9] Providing for a post accidentreview of employee activities todetermine whether the procedures wereeffective in each emergency and takingcorrective action where deficiencies arefound.

4. By adding a new § 195.403 to readas follows:

§ 195.403 Training.

(a) Each carrier shall establish andconduct a continuing training program toinstruct operating and maintenancepersonnel to:

(1) Carry out the operating andmaintenance; and emergencyprocedures established under § 194.402that relate to their assignments;

(2) Know the characteristics andhazards of the commodities transported,including, in the case of flammable HVL,flammability of mixtures with air,oderless vapors, and water reactions;

(3] Recognize conditions that arelikely to cause'emergencies, predict theconsequences of facility malfunctions orfailures and commodity spills, and totake appropriate corrective action;

(4) Take steps necessary to controlany accidental release of commodityand to minimize the potential for fire,explosion, toxicity, or environmentaldamage;

(5) Learn the proper use of firefightingprocedures and equipment, fire suits,and breathing apparatus by utilizing,where feasible, a simulated pipelineemergency condition; and

(6) Ini the case of maintenancepersonnel, to safely repair facilitiesusing appropriate special precautions,such as isolation and purging, whenhighly volatile liquids are involved.

(b) At intervals of not more than 1year each carrier shall:

(1) Review with personnel theirperformance in meeting thi objectives ofthe training program set forth inparagraph (a) of this section; aqd

(2) Make appropriate changes to thetraining program as necessary to insurethat it is effective.

(c) Each carrier shall require andverify that its supervisors maintain athorough knowledge of that portion ofthe procedures established under§ 195.402 for which they are responsibleto insure compliance.

5. By revising § 195.408 to read asfollows:

§ 195.408 Communications.

(a) Each carrier must hav'e acommunication system to provide forthe transmission of information neededfor the safe operation of its pipelinesystem.

(b) The communica'tion systemrequired by paragraph (a) of this sectionmust, as a minimum, include means for.

(1) Monitoring operational data asrequired by § 195.402(c)(9);

(2) Receiving notices from carrierpersonnel, the public, and publicauthorities of abnormal or emergencyconditions and sending this informationto appropriate personnel or governmentagencies for corrective action;

(3) Conducting two-way vocalcommunication between a control centerand the scene of abnornal operationsand emergencies; and

(4) Providing communication with fire,police, and other appropriate publicofficials during emergency conditions,including a natural disaster.

6. By adding a new § 195.440 to read"as follows:

§ 195.440 Public education.

Each carrier shall establish a.continuing educational program toenable the public, appropriategovernment organizations, and personsengaged in excavation related activitiesto recognize a liquid pipeline emergencyand to report it to the carrier or the fire,police, or other appropriate publicofficials. The program must beconducted in English and In otherlanguages commonly understood by asignificant number and concentration ofnon-English speaking population in thecarriers' operating areas.

7. By making the changes listed below:

§ 195.50 [Amended]I By deleting the words "liquefied

petroleum gas or other liquefied gas" in§ 195.50(c) and inserting the words"highly volatile liquids" in lieu thereof.

§§ 195.424 and 195.428 [Amended]By striking the words "liquefied

gases" wherever they appear in§ § 195.424 (b) and (c) and 195.428(a) andinserting in each instance the words"highly volatile liquids" in lieu thereof.

§ 195.428 [Amended]By deleting the words "liquefied gas"

in § 195.428(b) and inserting the words"highly volatile liquids" in lieu thereof.

Subpart F-[Amended]

8. And by amending the table ofsections for Subpart F-Operation andMaintenance, to include the followingnew or revised section headings:

Sec.195.401 General requirements.195.402 Procedural manual for operations.

maintenance, and emergencies.195.403 Training.

195.440 Public educaton.(18 US.C. 831-835, 49 U.S.Q 1655. 49 CFR1.53(b), App. A of Part 1.)

The MTB has determined that theproposals in this notice if implementedwould not result in a major economicimpact under the terms of ExecutiveOrder 12044 and DOT implementingprocedures (44 FR 11034). A regulatoryevaluation is available in the publicdocket.

Issued In Washington. D.C., on July 6,1979.L D. Santman,Director. Materials Trnsportation BureaIFR Doc.7- 1O F~d 7-23-9S &-52=

BI11 COo 4010-604M

INTERSTATE COMMERCE

COMMISSION

49 CFR Part 1100

[Ex Parte No. 55 (Sub-No. 35)]

Summary Grant Procedures (Finance)

AGENCY: Interstate CommerceCommission.ACTION: Final rules.

SUMMARY: These rules revise theprocedure under which motor financeapplications subject to 49 U.S.C. 11343and 11344, and applications directlyrelated to such motor financeapplications (i.e.: related gatewayelimination, conversion or securitiesapplications under 49 U.S.C. 10922 or-11301) are to be processed. They providethat upon the filing of a complete andproper applicaton by motor carriersseeking authority to purchase, control.lease, or merge their operating rights orproperties, the application will be

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reviewed initially to ensure that h primafacie case has been demonstrated. Theapplication -will then be published in theFederal Register as a decisiori-noticegranting the authority requested ifthe'application is unopposed. This revisionwould expedite Commissionauthorization to operate and toconsummate'the transaction.EFFECTIVE DATE: November 1, 1979.

FOR FURTHER INFORMATION CONTACT:Michael Erenberg, 202-275-7245.

SUPPLEMENTARY INFORMATION: Theserules are an outgrowth of our concernabout spending an inordinate amount of,time and resources considering motorfinance proceedings which do not havesignificant public interest consequences.See the proposed policy statement in ExParte No. MC-121, Policy Statement on,Motor Cczrrier Regulation, -43 FR 56978-(December 5, 1978). This applies moststrikingly where applications arecomplete and properly filed and areunopposed.

In Ex Parte No. 55 (Sub-No. 25),Revision of Application Procedures, 42FR'6248--62489 (1977), we issued new"rules designed to expedite the handlingof unopposed applications for operatingauthority. Under these rules, an -application is submitted and reviewed.If the application is 'complete andproperly filed (making out a prima facie -case), it is published in theFederalRegister in the form of a decision. Thedecision becomes effective if no validprotest is filed. We are here applying thesame procedures to motor carrierfinance transactions thathave beenapplied to applicatiofis for operatingauthority. Since the present financeapplication forms require the completesubmission of information we need todecide a case, no change is being madein Forms OP-F-44, OP-F-45, and OP-F-200.

In the one comment filed in response.to the proposed rules, SchneiderTransport, Inc., is concerned thatdirectly related proceedings (Such asgateway elimination applications) whichare opposed-(while the finance .. .application is unopposed) might receivesummary grant treatment. This result isnot intended. Applications which areprotested will be processed underpresent procedures. Only those whichare un9(posed will receive summarygrant processing.

Many statements made in the finaldecision in Ex Parte'No. 55 (Sub-No. 25),apply equally here. For instance: theserules are not intended to governapplication proceedings whichultimately are opposed nor do they -

mitigate the quantum of proof required

to make threshold determinations;consequently-the overall percentage ofunopposed proceedings decided on theirmerit will remain lnaffected by theserules. In addition, specially trainedpersonnel will be used initially toreview each application to insure that itis complete and properly filed landsubstantively acceptable). The rules willnot elongate Federal Register notices ofapplication filings nor will they increasethe opportunity to file frivolous protests.

The Rules

Under these-procedures, authorizationof the proposed transaction, ifunopposed, will be accomplished in atwo-step process, as follows:

(1) After an application is filed at theCommission, qualified personnel willreview it for completeness, accuracy,and legal sufficiency, and refer itthrough an appropriate decisionmaker tothe Federal Register as a short-formdecision-notice. This decision-noticewill include: (a) A general preliminaryfinding that, except for -applicationsinvolving-impediments (e.g., -jurisdictional problems, unresolvedfitness'questions, questions involvingpossible unlawful'control, or-divisions ofoperating rights), which impedimentswill be duly-noted in the-FederalRegister publication," applicant hasdemonstrated, in accordance with theapplicable provisions of the Act, that thepioposed transaction should beauthorized, and (b) a statement that inthe absence of opposition at the end ofthe protest period or, if thereafter (untileither a subsequent decision under themodified procedure is'rendered in aproceeding which is opposed or 30 daysafter referral to oral hearing 9 theapplication becomes unopposed, thetransaction will be authorized upon suchterms and conditions as the Commissionmay impose.

(2) A'notice of the effectiveness of thedecision-notice, embraciug-a directive tocomply with 'the requirements of theapplicable provisions of the Act-prior toand after consummation of thetransaction, upon such terms andconditions as the Commission mayimpose, will be issued and served uponthe parties -of record in each applicationproceeding which, at the expiration of

'Unopposed-applicationproceedings involvingstatutory or regulatoryampediments to authorizationof a proposed transaction will be referred to adecisionmakerfor a determination on the existingrecord or for a determination 1hat the existingrecord be supplemented to permit an informeddecision.iwth respect to these issues.

2These procedures will applyto cases assigned tooral hearing if they become unopp6sed after the'service dateof aaioce thatthe case-has beenassigned for oraliiearing.

the protest period is,,or thereafterbecomes, unopposed.

All application proceedings in whichprotests have been filed and not

-' withdrawn at the expiration of theprotest period will either be designatedfor handling under the modifiedprocedure or assigned for oral hearing.Protests, therefore, will s6rve to stay theeffectiveness of the Federal Registerdecision-notice until either (i) suchprotests are withdrawn, or (2) anappropriate decisionmaker renders adecision based upon the completerecord in the 'opposed applicationproceeding.

The decison-notices will take thefollowing form:Interstate Commerce Commission Decision.Notice

'

The following applications seek approvalto consolidate, purchase, merge, leaseoperating rights and properties, or acquirecontrol of motor carriers pursuant to 40U.S.C. 11343 or 11344 (formerly Section 5(2) ofthe Interstate Commerce Act),The applications are governed by SpecialRule 240 of the Commission's Rules ofPractice (49 CFR 1100.240), These rulesprovide, among other things, that a protest tothe granting of an application must be filedwith the Commission within 30 days after thdate of notice of filing of the application Ispublished in the Federal Register. Failureseasonably to file a protest will be construedas a waiver of opposition and participation inthe proceeding. A protest under these rulesshould comply with Rule 240(c) of the Rultt,of Practice which requires that It sot forthspecifically the grounds upon which it ismade, %nd specify'with particularity thefacts, matters, and things' relied upon, butshall, not include issues or allegationsphrased generally. Protests not in reasonablecompliance with the requirements of the rulesmay be rejected. The original and one copy ofthe protest shall be filed with thecommission, ands copy shall also be servedupon applicant's r'epresentatlve or applicantif-no representative is named. If the protestincludes a request for oral hearing, therequest shall meet the requirements of Rule204(c)(4) of the special rules and shall includethe certification required.

Section 240(e) further provides, In part, thatan applicant who does not intend timely toprosecute Its application shall promptlyrequest its dismissal.

Further processing steps will be byCommission notice or order which will beserved on eac'h'party of record. Broadeningamendments will not be accepted after thedate of this publication except for good causeshown.

Any authority granted may reflectadministratively acceptable restrictiveamendments to the transaction proposed.Some of the applications mayhave beenmodified to conform with Commission policy,

We find with the exception of thoseapplications involving problems (e.g.,jurisdictional problems, unresolved fitness

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questions, questions involving possibleunlawful control, or improper divisions ofoperating rights) that each applicant hasdemonstrated, in accordance with theapplicable provisions of 49 U.S.C. 11301,11302.11343, and 11349, with the applicableprovisions of 49 US.C. 10922 and 10923 andwith the commission's rules and regulations,that the proposed transaction should beauthorized as stated below. Except wherespecifically noted this decision is neither amajor Federal action significantly affectingthe quality of the human environment nordoes it appear to qualify as a majorregulatory action under the Energy Policy andConservation Act of 1975.

In those proceedings containing astatement or note that dual operations are ormay be involved we find, preliminarily and inthe absence of the issue being raised by aprotestant, that the proposed dual operationsare consistent with the-public interest and thenational transportation policy subject to theright of the Commission. which is expresslyreserved, to impose such conditions as Itfinds necessary to insure that applicant'soperations shall conform to the provisions of49 U.S.C. 10930 (formerly section 210 of theInterstate Commerce Act].

In the absence of legally sufficient protestsfiled within 30 days of this publication (or. ifthe application later becomes unopposed],appropriate authority will be issued to eachapplicant [except those with impediments]upon compliance with certain requirementswhich will be set forth in a notification ofeffectiveness of this decision-notice. To theextent that the authority sought below mayduplicate an-applicant's existing authority,the duplication shall not be construed asconferring more than a single operating right

Applicants] must comply with allconditions set forth in the grant or grants ofauthority within the time period specified inthe notice of effectiveness of this decision-notice, or the application of a non-complyingapplicant shall stand denied.

Dated.By the Commission. Review Board Number

5. Members.

Federal Register Summary

Our rules at 49 CFR 1100.240(b)already require applicants in motorfinance transactions to prepare theFederal Register caption summary of theauthority sought Those rules do notrequire that applicants also includewithin the body of the summary theirrespective motor carrier identificationnumbers. We require this informationwithin the body of the Federal Registercaption summary to enable us to moreexpeditiously process motor financeapplications. Consequently, a minorrevision to our rules at 49 CFR1100.240(b) will be necessary to requireapplicants to indicate al of their basicMC identification numbers under whichthey are capable of performinginterstate operations.

ConclusionsWe believe that the procedural

revisions adopted in this document areconsistent with the applicableprovisions of the Interstate CommerceAct, as revised, the AdministrativeProcedure Act, and with the principlesof procedural due process and that theywill be of substantial benefit toapplicants, the public, and theCommission. This new procedure willresult in a threshold finding at aconsiderably earlier stage of theproceeding than at present and will freestaff to concentrate their efforts on moresubstantial matters. Any problemswhich implementation of these rulesmay present in the future will be dealtwith pragmatically. Persons filingdirectly related applications areencouraged, as much as possible, to filethese applications along with the motorfinance application to which they aredirectly related. This will result inuniform processing, and efficientpublication and consolidation.

These rules do not constitute a majorFederal action significantly affecting thequality of the human environment nordo they qualify as a major regulatoryaction under the Energy Policy andConservation Act of 1975.

These rules are Issued under theauthority at 49 U.S.C. 10321 and 5 U.S.C.553

Dated. July 5. i979.By the Commissiom Chairman O'Neal. Vice

Chairman Brown. Commissioners Stafford.Gresham. Clapp. and Christian.H. G. Homme, Ir.Secretary

§ 1100.240 [Amended].Accordingly, 49 CFR 1100.240 (](3)

will be modified to read as follows:

(b)* I

(3] The summary will state whether anapplication has or has not been filed fortemporary authority under 49 U.S.C.11349 and shall further specifically listall of the applicants' motor carrieridentification numbers.

Further, 49 CFR 1100.240(e) will berevised by adding a new subparagraph(4) to read as follows:

(e) *(4) Applications, notice of which are

published in the Federal Register asdecision-notices, in which no validprotests are filed within 30 days afterpublication in the Federal Register, andwhich are not assigned for oral hearing.will be determined on the basis of theinformation submitted by applicants.Ia Doc 79-21936 ±7-0- &45 m=

BIWRNG CODE 7035-0 1-I

DEPARTMENT OF ENERGY

10 CFR Part 490

[Docket No. CAS-RIA-79-1091

Emergency Building Temperature

Restrictions

AGENCY: Department of Energy.ACTION: Notice of Effective Date of FinalRegulations.

SUMMARY: This notice states that thePresident has proclaimed July 16,1979.as the effective date of "StandbyConservation Plan No. 2, EmergencyBuilding Temperature Restrictions". TheDepartment ofEnergy's final regulationsimplementing the Plan f44 FR 39354, July5 are effective on cici I Meeffective date of the Plan.FOR FURTHER INFORMATION CONTACT.Henry G. Bartholomew, Office of

Conservation and SolarApplications, Department of Energy.1000 Independence Avenue, SAW..Room GE-004A. Washington. D.C.20585 (800) 424-912Z (202] 252-4950.

Mary Doyle. Oice of General Counsel.Department of Energy, 20Massachusetts Avenue, N.W.,Washington. D.C. 20385. (202) 376-4100.

SUPPLEMENTARY INFORMATION: ThePresident has invoked "StandbyConservation Plan No. 2 EmergencyBuilding Temperature Restrictions" (thePlan] by transmitting to Congress onJuly 10,1979, a PresidentialProclamation. published in the FederalRegister, Thursday, July 12.1979, at 44FR 40029. stating thatthe-Plan'seffectiveness is required by a severeenergy supply interruption and declaringJuly 16.1979 as the effective date of thePlan.

The Department of Energy haspublished final regulations implementingthe Plan (44 FR 39354. July 5.1979).Notice Is hereby given that the finalregulations are effective on July 16, 1979,the effective date of the Plan.

Issued in Washington. D.C. July 13,1979.Omi G. Walden.Assistant Secretary ConservatFion andSoiarApplications.iFR 1.79-4212 Med 7-u-i nso alBILING CODE Sslo-i

I I I ,

41ZO5