[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: 49CFR194.5]

[Page 143-145]
 
                        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 A_General
 
Sec. 194.5  Definitions.

    Adverse weather means the weather conditions considered by the 
operator in identifying the response systems and equipment to be 
deployed in accordance with a response plan, including wave height, ice, 
temperature, visibility, and currents within the inland or Coastal 
Response Zone (defined in the National Contingency Plan (40 CFR part 
300)) in which those systems or equipment are intended to function.
    Barrel means 42 United States gallons (159 liters) at 60[deg] 
Fahrenheit (15.6[deg] Celsius).
    Breakout tank means a tank used to:
    (1) Relieve surges in an oil pipeline system or
    (2) Receive and store oil transported by a pipeline for reinjection 
and continued transportation by pipeline.
    Coastal zone means all United States waters subject to the tide, 
United States waters of the Great Lakes and Lake Champlain, specified 
ports and harbors on inland rivers, waters of the contiguous zone, other 
waters of the high seas subject to the National Contingency Plan, and 
the land surface or land substrate, ground waters, and ambient air 
proximal to those waters. (The term ``coastal zone'' delineates an area 
of federal responsibility for response action. Precise boundaries are 
determined by agreements between the Environmental Protection Agency 
(EPA) and the U.S. Coast Guard (USCG), and are identified in Federal 
Regional Contingency Plans and Area Contingency Plans.)
    Contract or other approved means is:
    (1) A written contract or other legally binding agreement between 
the operator and a response contractor or other spill response 
organization identifying and ensuring the availability of the specified 
personnel and equipment within stipulated response times for a specified 
geographic area;
    (2) Certification that specified equipment is owned or operated by 
the pipeline operator, and operator personnel and equipment are 
available within stipulated response times for a specified geographic 
area; or
    (3) Active membership in a local or regional oil spill removal 
organization that has identified specified personnel and equipment to be 
available within stipulated response times for a specified geographic 
area.
    Environmentally sensitive area means an area of environmental 
importance which is in or adjacent to navigable waters.
    High volume area means an area which an oil pipeline having a 
nominal outside diameter of 20 inches (508 millimeters) or more crosses 
a major river or other navigable waters, which, because of the velocity 
of the river flow and vessel traffic on the river, would require a more 
rapid response in case of a worst case discharge or substantial

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threat of such a discharge. Appendix B to this part contains a list of 
some of the high volume areas in the United States.
    Inland area means the area shoreward of the boundary lines defined 
in 46 CFR part 7, except that in the Gulf of Mexico, it means the area 
shoreward of the lines of demarcation (COLREG lines) defined in 33 CFR 
80.740-80.850. The inland area does not include the Great Lakes.
    Inland zone means the environment inland of the coastal zone 
excluding the Great Lakes, Lake Champlain, and specified ports and 
harbors on inland rivers. (The term inland zone delineates an area of 
federal responsibilities for response actions. Precise boundaries are 
determined by agreements between the EPA and the USCG and are identified 
in Federal Regional Contingency Plans.)
    Line section means a continuous run of pipe that is contained 
between adjacent pressure pump stations, between a pressure pump station 
and a terminal or breakout tank, between a pressure pump station and a 
block valve, or between adjacent block valves.
    Major river means a river that, because of its velocity and vessel 
traffic, would require a more rapid response in case of a worst case 
discharge. For a list of rivers see ``Rolling Rivers, An Encyclopedia of 
America's Rivers,'' Richard A. Bartlett, Editor, McGraw-Hill Book 
Company, 1984.
    Maximum extent practicable means the limits of available technology 
and the practical and technical limits on a pipeline operator in 
planning the response resources required to provide the on-water 
recovery capability and the shoreline protection and cleanup capability 
to conduct response activities for a worst case discharge from a 
pipeline in adverse weather.
    Navigable waters means the waters of the United States, including 
the territorial sea and such waters as lakes, rivers, streams; waters 
which are used for recreation; and waters from which fish or shellfish 
are taken and sold in interstate or foreign commerce.
    Oil means oil of any kind or in any form, including, but not limited 
to, petroleum, fuel oil, vegetable oil, animal oil, sludge, oil refuse, 
oil mixed with wastes other than dredged spoil.
    Oil spill removal organization means an entity that provides 
response resources.
    On-Scene Coordinator (OSC) means the federal official designated by 
the Administrator of the EPA or by the Commandant of the USCG to 
coordinate and direct federal response under subpart D of the National 
Contingency Plan (40 CFR part 300).
    Onshore oil pipeline facilities means new and existing pipe, rights-
of-way and any equipment, facility, or building used in the 
transportation of oil located in, on, or under, any land within the 
United States other than submerged land.
    Operator means a person who owns or operates onshore oil pipeline 
facilities.
    Pipeline means all parts of an onshore pipeline facility through 
which oil moves including, but not limited to, line pipe, valves, and 
other appurtenances connected to line pipe, pumping units, fabricated 
assemblies associated with pumping units, metering and delivery stations 
and fabricated assemblies therein, and breakout tanks.
    Qualified individual means an English-speaking representative of an 
operator, located in the United States, available on a 24-hour basis, 
with full authority to: activate and contract with required oil spill 
removal organization(s); activate personnel and equipment maintained by 
the operator; act as liaison with the OSC; and obligate any funds 
required to carry out all required or directed oil response activities.
    Response activities means the containment and removal of oil from 
the water and shorelines, the temporary storage and disposal of 
recovered oil, or the taking of other actions as necessary to minimize 
or mitigate damage to the environment.
    Response area means the inland zone or coastal zone, as defined in 
the National Contingency Plan (40 CFR part 300), in which the response 
activity is occurring.
    Response plan means the operator's core plan and the response zone 
appendices for responding, to the maximum

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extent practicable, to a worse case discharge of oil, or the substantial 
threat of such a discharge.
    Response resources means the personnel, equipment, supplies, and 
other resources necessary to conduct response activities.
    Response zone means a geographic area either along a length of 
pipeline or including multiple pipelines, containing one or more 
adjacent line sections, for which the operator must plan for the 
deployment of, and provide, spill response capabilities. The size of the 
zone is determined by the operator after considering available 
capability, resources, and geographic characteristics.
    Specified minimum yield strength means the minimum yield strength, 
expressed in pounds per square inch, prescribed by the specification 
under which the material is purchased from the manufacturer.
    Stress level means the level of tangential or hoop stress, usually 
expressed as a percentage of specified minimum yield strength.
    Worst case discharge means the largest foreseeable discharge of oil, 
including a discharge from fire or explosion, in adverse weather 
conditions. This volume will be determined by each pipeline operator for 
each response zone and is calculated according to Sec. 194.105.

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