[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR195.1]

[Page 125-126]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE--Table of Contents
 
                           Subpart A--General
 
Sec. 195.1  Applicability.

    (a) Except as provided in paragraph (b) of this section, this part 
applies to pipeline facilities and the transportation of hazardous 
liquids or carbon dioxide associated with those facilities in or 
affecting interstate or foreign commerce, including pipeline facilities 
on the Outer Continental Shelf.
    (b) This part does not apply to--
    (1) Transportation of a hazardous liquid that is transported in a 
gaseous state;
    (2) Transportation of a hazardous liquid through a pipeline by 
gravity;
    (3) Transportation through any of the following low-stress 
pipelines:
    (i) An onshore pipeline or pipeline segment that--
    (A) Does not transport HVL;
    (B) Is located in a rural area; and
    (C) Is located outside a waterway currently used for commercial 
navigation;
    (ii) A pipeline subject to safety regulations of the U.S. Coast 
Guard; or
    (iii) A pipeline that serves refining, manufacturing, or truck, 
rail, or vessel terminal facilities, if the pipeline is less than 1 mile 
long (measured outside facility grounds) and does not cross an offshore 
area or a waterway currently used for commercial navigation;
    (4) Transportation of petroleum in onshore gathering lines in rural 
areas except gathering lines in the inlets of the Gulf of Mexico subject 
to Sec. 195.413;
    (5) Transportation of hazardous liquid or carbon dioxide in offshore 
pipelines in State waters which are located upstream from the outlet 
flange of each facility where hydrocarbons or carbon dioxide are 
produced or where produced hydrocarbons or carbon dioxide are first 
separated, dehydrated, or otherwise processed, whichever facility is 
farther downstream;

[[Page 126]]

    (6) Transportation of hazardous liquid or carbon dioxide in Outer 
Continental Shelf pipelines which are located upstream of the point at 
which operating responsibility transfers from a producing operator to a 
transporting operator;
    (7) Transportation of a hazardous liquid or carbon dioxide through 
onshore production (including flow lines), refining, or manufacturing 
facilities, or storage or in-plant piping systems associated with such 
facilities;
    (8) Transportation of hazardous liquid or carbon dioxide--
    (i) By vessel, aircraft, tank truck, tank car, or other non-pipeline 
mode of transportation; or
    (ii) Through facilities located on the grounds of a materials 
transportation terminal that are used exclusively to transfer hazardous 
liquid or carbon dioxide between non-pipeline modes of transportation or 
between a non-pipeline mode and a pipeline, not including any device and 
associated piping that are necessary to control pressure in the pipeline 
under Sec. 195.406(b); and
    (9) Transportation of carbon dioxide downstream from the following 
point, as applicable:
    (i) The inlet of a compressor used in the injection of carbon 
dioxide for oil recovery operations, or the point where recycled carbon 
dioxide enters the injection system, whichever is farther upstream; or
    (ii) The connection of the first branch pipeline in the production 
field that transports carbon dioxide to injection wells or to headers or 
manifolds from which pipelines branch to injection wells.
    (c) Breakout tanks subject to this part must comply with 
requirements that apply specifically to breakout tanks and, to the 
extent applicable, with requirements that apply to pipeline systems and 
pipeline facilities. If a conflict exists between a requirement that 
applies specifically to breakout tanks and a requirement that applies to 
pipeline systems or pipeline facilities, the requirement that applies 
specifically to breakout tanks prevails. Anhydrous ammonia breakout 
tanks need not comply with Sec.Sec. 195.132(b), 195.205(b), 195.242 (c) 
and (d), 195.264 (b) and (e), 195.307, 195.428 (c) and (d), and 195.432 
(b) and (c).

[Amdt. 195-22, 46 FR 38360, July 27, 1981]

    Editorial Notes: 1. For Federal Register citations affecting Sec. 
195.1, see the List of Sections Affected, which appears in the Finding 
Aids section of the printed volume and on GPO Access.

    2. The following amendment could not be incorporated into Sec. 63.12 
because of inaccurate amendatory instruction. For the convenience of the 
user the amendatory instruction and text is set forth as follows:

    At 68 FR 46112, Aug. 5, 2003, Sec. 195.1 was amended by revising 
paragraphs (b)(5) and (6) and by adding a new paragraph (b)(7).

Sec. 195.1  Applicability.

                                * * * * *

    (b) This part does not apply to --
    (1) * * *
    (5) Transportation of hazardous liquid or carbon dioxide in offshore 
pipelines in State waters which are located upstream from the outlet 
flange of each facility where hydrocarbons or carbon dioxide are 
produced or where produced hydrocarbons or carbon dioxide are first 
separated, dehydrated, or otherwise processed, whichever facility is 
farther downstream;
    (6) Transportation of hazardous liquid or carbon dioxide in Outer 
Continental Shelf pipelines which are located upstream of the point at 
which operating responsibility transfers from a producing operator to a 
transporting operator;
    (7) Pipelines on the Outer Continental Shelf (OCS) that are 
producer-operated and cross into State waters without first connecting 
to a transporting operator's facility on the OCS, upstream (generally 
seaward) of the last valve on the last production facility on the OCS. 
Safety equipment protecting RSPA-regulated pipeline segments is not 
excluded. Producing operators for those pipeline segments upstream of 
the last valve of the last production facility on the OCS may petition 
the Administrator, or designee, for approval to operate under RSPA 
regulations governing pipeline design, construction, operation, and 
maintenance under 49 CFR 190.9.

                                * * * * *