[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: 49CFR194.103]

[Page 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. 194.103  Significant and substantial harm; operator's statement.

    (a) Each operator shall submit a statement with its response plan, 
as required by Sec. Sec. 194.107 and 194.113, identifying which line 
sections in a response zone can be expected to cause significant and 
substantial harm to the environment in the event of a discharge of oil 
into or on the navigable waters or adjoining shorelines.
    (b) If an operator expects a line section in a response zone to 
cause significant and substantial harm, then the entire response zone 
must, for the purpose of response plan review and approval, be treated 
as if it is expected to cause significant and substantial harm. However, 
an operator will not have to submit separate plans for each line 
section.
    (c) A line section can be expected to cause significant and 
substantial harm to the environment in the event of a discharge of oil 
into or on the navigable waters or adjoining shorelines if; the pipeline 
is greater than 6\5/8\ inches (168 millimeters) in outside nominal 
diameter, greater than 10 miles (16 kilometers) in length, and the line 
section--
    (1) Has experienced a release greater than 1,000 barrels (159 cubic 
meters) within the previous five years,
    (2) Has experienced two or more reportable releases, as defined in 
Sec. 195.50, within the previous five years,
    (3) Containing any electric resistance welded pipe, manufactured 
prior to 1970, operates 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,
    (4) Is located within a 5 mile (8 kilometer) radius of potentially 
affected public drinking water intakes and could reasonably be expected 
to reach public drinking water intakes, or
    (5) Is located within a 1 mile (1.6 kilometer) radius of potentially 
affected environmentally sensitive areas, and could reasonably be 
expected to reach these areas.

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