[Code of Federal Regulations]
[Title 49, Volume 3]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR194.101]

[Page 145-146]
 
                        TITLE 49--TRANSPORTATION
 
 CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF 
                       TRANSPORTATION (CONTINUED)
 
PART 194_RESPONSE PLANS FOR ONSHORE OIL PIPELINES--Table of Contents
 
                        Subpart B_Response Plans
 
Sec. 194.101  Operators required to submit plans.


    (a) Except as provided in paragraph (b) of this section, or unless 
RSPA grants a request from the OSC to require an operator of the 
following pipelines to submit a response plan or the pipeline is covered 
by Sec. 194.103, each operator of an onshore pipeline facility shall 
prepare a response plan and submit the response plan to RSPA, as 
provided in Sec. 194.119.
    (b) Exception. An operator need not submit a response plan for:
    (1) A pipeline that is 6\5/8\ inches (168 millimeters) or less in 
outside nominal diameter, is 10 miles (16 kilometers) or less in length, 
and all of the following conditions apply to the pipeline:
    (i) The pipeline has not experienced a release greater than 1,000 
barrels (159 cubic meters) within the previous five years,
    (ii) The pipeline has not experienced at least two reportable 
releases, as defined in Sec. 195.50, within the previous five years,
    (iii) A pipeline containing any electric resistance welded pipe, 
manufactured prior to 1970, does not operate at a maximum operating 
pressure established under Sec. 195.406 that corresponds to a stress 
level greater than 50 percent of the specified minimum yield strength of 
the pipe, and
    (iv) The pipeline is not in proximity to navigable waters, public 
drinking water intakes, or environmentally sensitive areas.
    (2)(i) A line section that is greater than 6\5/8\ inches in outside 
nominal diameter and is greater than 10 miles in length, where the 
operator determines that it is unlikely that the worst case discharge 
from any point on the line section would adversely affect, within 12 
hours after the initiation of the discharge, any navigable waters, 
public drinking water intake, or environmentally sensitive areas.
    (ii) A line section that is 6\5/8\ inches (168 millimeters) or less 
in outside nominal diameter and is 10 miles (16 kilometers) or less in 
length, where the

[[Page 146]]

operator determines that it is unlikely that the worst case discharge 
from any point on the line section would adversely affect, within 4 
hours after the initiation of the discharge, any navigable waters, 
public drinking water intake, or environmentally sensitive areas.

[58 FR 253, Jan. 5, 1993, as amended by Amdt. 194-3, 63 FR 37505, July 
13, 1998]