April 2003 Issue

In This Issue

Critical Energy Infrastructure Information: Final rule

The Federal Energy Regulatory Commission (Commission) has issued a final rule establishing a procedure for gaining access to critical energy infrastructure information (CEII) that would otherwise not be available under the Freedom of Information Act (FOIA). These restrictions and the final rule were necessitated by the terrorist acts committed on September 11, 2001, and the ongoing terrorism threat. The final rule adopts a definition of critical infrastructure that explicitly covers proposed facilities, and does not distinguish among projects or portions of projects. The rule also details which location information is excluded from the definition of CEII and which is included. The rule addresses some issues that are specific to state agencies, and clarifies that energy market consultants should be able to get access to the CEII they need. Finally, the rule modifies the proposed CEII process and delegates responsibility to the CEII Coordinator to process requests for CEII and to determine what information qualifies as CEII.

The final rule will affect the way in which companies submit some information, and will add a new process in addition to the FOIA for requesters to use to request information that is not already publicly available. These new steps will help keep sensitive infrastructure information out of the public domain, decreasing the likelihood that such information could be used to plan or execute terrorist attacks.

The rule will become effective April 2, 2003. For further information, contact Carol C. Johnson, Wilbur T. Miller, Office of the General Counsel, Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. (202) 502-6457. The full rule can be downloaded from RCP’s website here through the DOT Gateway.

Federal Advisory Committee Meeting: Electronic Transmission and Storage of Drug Testing Information

The Department of Transportation (DOT) Electronic Transmission and Storage of Drug Testing Information Federal Advisory Committee will meet for the second time in a public session on April 7-8, 2003, at the Embassy Suites Hotel, Crystal City-National Airport, 1300 Jefferson Davis Highway, Arlington, VA 22202, (703) 979-9799, FAX: (703) 892-8121. The purpose of the Committee is to recommend to the Department the type and level of electronic security that should be used for the transmission and storage of drug testing information, to assess the type of format and methodology that would be appropriate, and to recommend the level and type of electronic signature technology that would support the procedures used in the DOT drug and alcohol program. The Department anticipates that, following the receipt of the Committee’s final recommendations, DOT will propose changes to Part 40 through a notice of proposed rulemaking that will result in minimum standards for security in transmission and storage of drug testing information and would result in a more widespread use of electronic technology in the program.

The Committee held its first meeting on June 18-19, 2002 in Washington, DC. A list of the committee members and a copy of the first meeting’s transcripts are available in the docket posted on the Internet at dms.dot.gov/search/; the docket number is 12148. Three sub-committees composed of Committee members were established to research, develop, and provide information to the whole Committee at its next meeting. These sub-committees addressed the following three areas: 1. Format of electronic reports; 2. security of electronic transmission and digital signatures; and 3. storage security of electronic information. This second meeting will focus on specific findings, issues, and recommendations of the sub-committees related to these three areas.

The meeting will be open to the public on a first-come first-seated basis. There will be a time allocated for the public to speak on any of the above agenda items. Please make your request for the opportunity to make a public comment in writing to Minnie McDonald, ODAPC, at (202) 366-3784, FAX (202) 366-3897, or e-mail address: minnie.mcdonald@ost.dot.gov two weeks prior to the meeting. Your notification should contain your name and corporate designation, consumer affiliation, or government designation. Please include your address, telephone number and e-mail in case there is reason to contact you regarding your presentation. Those wanting to make a verbal statement should also include a short statement describing the topic to be addressed. Requestors will ordinarily be allowed up to 10 minutes to present a topic, however, the time may be limited depending on the number of requestors. If you have submitted a written statement to the docket, there is no need to subsequently duplicate this information by an oral presentation.

Agenda:

Monday, April 7, 2003

8:30 a.m.-12 p.m.: General presentations by the sub-committee chairpersons,
12 p.m.-1:15 p.m.: Lunch,
1:15 p.m.-3:30 p.m.: Continued presentations,
3:30 p.m.-5 p.m.: Public Comments or Presentations,
5 p.m.: End of First Day.

Tuesday, April 9, 2003

8:30 a.m.-12 p.m.: Discussion of Options and Future Committee Actions,
12 p.m.: Closing Comments,
2 p.m.: End of Meeting.

A final agenda will be available to the public prior to the beginning of the meeting. The Committee meeting will be recorded and transcribed. Within a short time after the meeting, copies of the transcripts will be available on the DOT electronic docket.

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Cost-Benefit Study of Excess Flow Valve Installation on Gas Service Lines – Notice of study availability and request for public comments

As a result of its investigation into gas explosion and fire in the South Riding subdivision, Loudoun County, Virginia, the NTSB issued Recommendation P-01-2. It urges RSPA to require the installation of EFVs in all new and renewed services serving any type of customer: residential, commercial, or industrial. This includes installation of EFVs in new and renewed gas services operating at less than 10 psig, if appropriate EFVs are commercially available. OPS engaged Volpe to conduct a study that estimates the benefits and costs associated with implementation of NTSB Safety Recommendation P-01-2. This study examined whether the benefits resulting from mandatory installation of EFVs on all new and renewed gas distribution service lines would exceed the costs. The full study is available in Docket Number RSPA-03-14455 or on the OPS Web page at ops.dot.gov.

This notice seeks comments from the public on a cost-benefit study of mandatory installation of excess flow valves (EFVs) on all new and renewed gas distribution service lines. OPS invites comments on all aspects of the Volpe study, and in particular, would like comments on the following questions:

Are the assumptions used in performing this study clear and correct?
Is the data used in the study adequate to support the conclusions of the report?
Are the uncertainties of this study clearly explained?
Are the conclusions drawn from this study reasonable?
Are the sensitivity analyses adequate?
Are there other issues regarding EFVs and EFV installation not considered in the study?
Are there regulatory or non-regulatory alternatives to mandatory EFV installation on new and renewed service lines that are as effective in reducing risks to the public?

Comments must be received by May 6, 2003 to ensure consideration. FOR FURTHER INFORMATION CONTACT: Marvin Fell, U.S. Department of Transportation (DOT), RSPA/OPS, 400 Seventh Street, SW, Washington, DC 20950, telephone (202) 366-6205, or by e-mail Marvin.fell@rspa.dot.gov.

Oil and Gas Construction Activity Storm Water NPDES Permit Deadline Extension

The EPA has postponed until March 10, 2005, the requirement to obtain National Pollutant Discharge Elimination System (NPDES) storm water permit for oil and gas construction activity that disturbs one to five acres of land. On December 8, 1999, the U.S. Environmental Protection Agency (EPA) published a final rule expanding the then-existing NPDES permitting program to require permit coverage by March 10, 2003 for, among other things, construction sites that disturb one to five acres. As part of that rulemaking, EPA assumed that few, if any, oil and gas exploration, production, processing, or treatment operations or transmission facilities would be affected by the rule. Since rule promulgation, EPA has become aware that close to 30,000 oil and gas sites per year may be affected by the December 8, 1999, storm water regulations.

The two-year postponement of the deadline from March 10, 2003, to March 10, 2005, will allow time for EPA to analyze and better evaluate: the impact of the permit requirements on the oil and gas industry; the appropriate best management practices for preventing contamination of storm water runoff resulting from construction associated with oil and gas exploration, production, processing, or treatment operations or transmission facilities; and the scope and effect of 33 U.S.C. 1342 (l)(2) and other storm water provisions of the Clean Water Act.

This extension affects:

oil and gas producers constructing drilling sites disturbing one to five acres of land;
construction site operators associated with oil and gas construction projects disturbing one to five acres of land; and
operators of transmission facilities as defined herein.

EPA received many questions about the definition of “transmission facilities.” EPA has looked at the information submitted by the oil and gas industry to help understand what types of pipelines should be considered “transmission facilities.” For the purposes of this action, the term “oil and gas exploration, production, processing, and treatment operations or transmission facilities” includes gathering lines, flowlines, feeder lines, and transmission lines. The construction of water lines, electrical utilities lines, etc. as part of the oil and gas exploration, production, processing, treatment, and transmission of oil and gas are also included. Transmission lines are typically major pipelines (e.g., interstate and intrastate pipelines) that transport crude oil and natural gas over long distances and are large-diameter pipes operating at relatively high pressure. Many of these pipelines traverse long distances and disturb over five acres (and as such, are covered by EPA’s permitting requirements for large construction activity). Pipelines that transport refined petroleum product and chemicals from refineries and chemical plants are not included in the terms described in this rule as potentially eligible for the two year postponement.

One commenter requested that EPA clarify in its final rule that its definition of transmission be consistent with terms used by the U.S. Department of Transportation (DOT) at 49 CFR part 192 (Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards). Commenters also asked about other types of pipelines (i.e., distribution lines). Distribution lines are those pipelines that deliver natural gas to homes, businesses, etc. and operate at relatively low pressures. EPA does not consider distribution lines to be transmission lines, and as such, these lines are not included in the terms described in this rule as potentially eligible for the two year postponement. While EPA is not codifying DOT definitions, the Agency does consider the DOT’s definitions to be consistent with EPA’s interpretation of “transmission” in this rulemaking.

The administrative record is available for inspection and copying at the Water Docket, located at the EPA Docket Center in the basement of the EPA West Building, Room B-102, at 1301 Constitution Ave., NW., Washington, DC. Docket ID No. OW-2002-0068

FOR FURTHER INFORMATION CONTACT: Wendy Bell, Office of Wastewater Management, Office of Water, Environmental Protection Agency, at (202) 564-0746 or e-mail: bell.wendy@epa.gov.

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Revised Texas Community Liaison Rule

The Texas Railroad Commission has published a revised regulation concerning Public Education and Liaison for gas and liquid pipelines. This revised proposal replaces the proposal issued on September 27, 2002 (see our October, 2002 newsletter). The revised proposal requires that pipeline operators or their agents communicate and conduct liaison activities with fire, police, and other appropriate public emergency response officials. The operator / agent must attempt a personal meeting, following the procedures described in the rule. Failing a personal meeting, a conference call can be made. Failing a conference call, the required information can be submitted via Certified Mail.

In addition, gas pipelines within 1,000 feet of a public school building or recreational area will be required to submit certain information to the TRRC.

Liquid pipelines within 1,000 feet of a public school building or recreational area will be required to consult with the fire department in whose jurisdiction the school is located or another appropriate local emergency response entity regarding the emergency response plan prepared as required by 49 CFR Part 195; and must present the plan annually to the board of trustees of the school district in which the school is located.

Operators must keep records of these activities for 5 years.

The complete proposal can be downloaded from RCP’s website here through the DOT Gateway.

Texas Pipeline Construction – Proposed Notification Rule

The Texas Railroad Commission has proposed a rule requiring public notice for all pipelines that cross more than three counties and for which construction began on or after September 1, 2001. The term “construction” means any activity conducted during the initial construction of a new pipeline or an extension of an existing pipeline, regardless of ownership of the extension, including the removal of earth, vegetation, or obstructions along the proposed pipeline right-of-way. The term does not include surveying or acquiring the right-of-way; clearing the right-of-way with the consent of the owner; repairing or maintaining an existing pipeline or pipeline facility; or installing valves or meters or other devices or fabrications on an existing pipeline if such devices or fabrication do not result in an increase in the length of the pipeline. Finally, the term “construction project” means the construction of a new pipeline system that crosses more than three counties or the construction of an extension of an existing pipeline system if the extension crosses more than three counties.

Proposed new �8.120(b) requires that at least 30 days but not more than one year before the start of construction, a pipeline operator must publish newspaper notice of the construction project in accordance with subsection (c) of the rule. In addition, no later than the first day of publication, the operator is required to provide a copy of the information listed in subsection (c)(1)-(4) to the county judge and commissioners and county clerk of each county that contains part of the proposed route of the construction project; the county fire marshal in each county that contains part of the proposed route of the construction project, if such office has been established by that county; and the regional water planning group established by Texas Water Code, �16.053, in each regional water planning area that contains part of the proposed route of the construction project.

Comments on the proposal may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments until April 14, 2003. Comments should refer to Gas Utilities Docket No. 9371. The Commission cannot guarantee that comments submitted after the deadline will be considered. For further information, call Mary McDaniel at (512) 463-7058. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html. The complete proposed rule can be downloaded from RCP’s website here through the DOT Gateway.

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Texas Proposed Rule – Discontinuation of Service

The Railroad Commission of Texas has withdrawn its proposal to adopt new �8.340, relating to Discontinuance of Service, published in the October 25, 2002, issue of the Texas Register, and is proposing new �8.240, relating to Discontinuance of Service, which applies when a natural gas service customer ceases taking service at a particular location. The revised proposed new rule supplements the federal pipeline safety rule, found at 49 CFR �192.727(d), and provides more detailed direction to providers of natural gas service with respect to the time for complying with the federal safety standard.

As revised, proposed new �8.240 requires that upon receiving notification from a customer to discontinue natural gas service at that customer’s service location, each provider of natural gas service must take one of the three steps specified in 49 CFR �192.727(d) within 15 days. A provider of natural gas service is not required to take any of the three steps specified in 49 CFR �192.727(d) if the natural gas service provider is notified to transfer natural gas service to another customer or if there is information filed with the gas company to transfer the service to the owner or manager of the service location during an interim time period. The revised proposed new rule also sets forth requirements for the operator to notify the customer regarding the “turn off” time frame as well as requiring closure procedures to be included in the operations and maintenance manual.

Comments on the proposal may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments until April 14, 2003. Comments should refer to Gas Utilities Docket No. 9336. For further information, call Mary McDaniel at (512) 463-7058. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html. The complete rule proposal can be downloaded from RCP’s website here through the DOT Gateway.

Texas Proposed Rule – Direct Assessment Approval

The Railroad Commission of Texas proposes to amend �8.101 (relating to Pipeline Integrity Assessment and Management Plans for Natural Gas and Hazardous Liquids Pipelines) to provide an alternative means for approval of the use of direct assessment by hazardous liquids and natural gas pipeline operators as an assessment tool. Currently, �8.101(b)(1) requires that a hearing be held in all instances in which a pipeline operator’s integrity assessment plan lists direct assessment or other methods of assessment not specifically listed in the rule as the assessment methodology. In addition, the Commission proposes to adopt new �8.103, relating to Procedures and Standards for Approval of Certain Methodologies for Integrity Management Assessment, which sets forth procedures for reviewing operators’ requests for approval of direct assessment and other technology options listed in �8.101(b)(1).

The Commission proposes to amend �8.101(b)(1)(C) to remove the mandate for a hearing when an operator requests approval of direct assessment or other technology options not specifically listed in �8.101(b)(1). Under the proposed amendment, Pipeline Safety staff would work with the operators to review requests for approval of direct assessment plans and, upon the concurrence of both the operator and the Pipeline Safety staff, would present to the Commission a recommendation of approval of the assessment methodology and an agreed order. If the operator and the Pipeline Safety staff do not reach agreement regarding the method or methods of assessment, the operator would still have the opportunity for a hearing as provided in proposed new �8.103.

Comments on the proposal may be submitted to Rules Coordinator, Office of General Counsel, Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967; online at www.rrc.state.tx.us/rules/commentform.html; or by electronic mail to rulescoordinator@rrc.state.tx.us. The Commission will accept comments for 60 days after publication in the Texas Register and should refer to Gas Utilities Docket No. 9378. The Commission cannot guarantee that comments submitted after the deadline will be considered. For further information, call Mary McDaniel at (512) 463-7058. The status of Commission rulemakings in progress is available at www.rrc.state.tx.us/rules/proposed.html. The full text of the proposed rule can be downloaded from RCP’s website here through the DOT Gateway.

Pipeline Integrity Management in High Consequence Areas (Gas Transmission Pipelines) – notice of extension of comment period

RSPA/OPS published a proposed rule on pipeline integrity management in high consequence areas for gas transmission pipelines on January 28, 2003 ( 68 FR 4278 ). That notice provided a 60-day comment period ending on March 31, 2003. By petition dated March 6, 2003, the American Gas Association (AGA), the American Public Gas Association (APGA), and the Interstate Natural Gas Association of America (INGAA) requested that the comment period be extended by 60 days, from March 31, 2003, to May 30, 2003.

In the petition, the associations argue that because the proposed rule is lengthy and complex, additional time is necessary to analyze the proposal and prepare comments. The petition also refers to the public meeting on March 14, 2003, where OPS will discuss the proposed rule. The associations maintain it will take time for them to inform their member companies about the discussions at the meeting so that the companies can use the information in developing their comments.

RSPA/OPS has decided to extend the comment period in light of the request and the complexity of this proposed rule. RSPA/OPS does not consider that a 60-day extension is necessary. A statutory requirement (Pipeline Safety Improvement Act of 2002, 49 U.S.C. 60109(c)) requires us to publish the final rule by December 17, 2003. A 60-day extension of the comment period would not allow us to meet this statutory deadline. A 30-day extension provides 45 days after the public meeting for interested parties to submit comments.

RSPA/OPS believes that an extension of the comment period by 30 days from the existing closing date (March 31, 2003) is reasonable; the comment period is hereby extended to April 30, 2003.

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Pipeline Safety Definitions – Louisiana Department of Natural Resources; Office of Conservation

The Louisiana Office of Conservation has proposed to promulgate new definitions for master meter, school and special class gas systems in :AC 43:XIII.125 et seq. in accordance with the provisions of the Administrative Procedure Act, R.S. 49:950 et seq., and pursuant to the power delegated under the laws of the state of Louisiana. In accordance with the provisions of R.S. 49:950 et seq. and R.S/ 30:557.G, notice is hereby given that the commissioner of Conservation will conduct a public hearing at 9 a.m., Monday, April 28, 2003, in the LaBelle Room located on the first floor of the LaSalle Building, 617 North Third Street, Baton Rouge, LA. A copy of the proposed regulations may be obtained by contacting Mariano Hinojosa at 225-342-5519 or by writing the Office of Conservation, Pipeline Division, P.O. Box 94275, Baton Rouge, LA 70804. All interested parties will be afforded the opportunity to submit comments regarding these new and amended regulations at the public hearing in accordance with R.S. 49:953. Written comments will be accepted until 5 p.m., Monday, May 5, 2003, at the following address: Office of Conservation, Pipeline Division, P.O. Box 94275, Baton Rouge, LA 70804, Re: Docket No. PL 03- 004.

The proposed new and amended definitions will clarify pipeline safety responsibilities of master meter, school and special class gas system operators. The proposed definitions are:

125. Definitions

Master Meter System – a pipeline system for distributing gas within, but not limited to, a definable area such as a mobile home park, housing project, apartment complex or university, where the operator purchases metered gas from an outside source for resale through a gas pipeline system. The gas distribution pipeline system supplies the ultimate consumer who either purchases the gas directly through a meter or by other means, such as by rents.

Special Class System – a pipeline system for distributing gas to a federal, state or local government facility or a private facility performing a government function, where the operator receives or purchases gas from an outside source, and distributes the gas through a pipeline system to more than one outlet beyond the meter or regulator, which ultimate outlet may, but need not be, individually metered or charged a fee for the gas. Any exemption from pipeline safety regulation granted to master meter systems will apply to Special Class Systems.

School System – a pipeline system for distributing natural gas to a public or private pre-kindergarten, kindergarten, elementary, secondary, or high school. Upon request for a revision of service by the school, or by the school system of which the school is a component, the local distribution company providing natural gas service to the school shall install a meter at the building wall of each building of the school that utilizes natural gas. The gas piping from the outlet of the meter to the inside of the building shall be installed above ground, and shall be maintained by the school in accordance with requirements of the Office of the State Fire Marshal. The outside piping that is upstream of the meter to the outlet of the meter shall be owned and maintained by the local distribution company in accordance with Minimum Pipeline Safety Regulations. The pipeline system of a school that does not request the revision of service described by this paragraph shall be deemed a Special Class System, and subject to the requirements of such system.

Louisiana DEQ – Postponement of Permit Deadline for Oil and Gas Construction Activities

The LDEQ has proposed a rule to allow operators at construction sites related to oil and gas exploration, production, processing, or treatment operations, or transmission facilities that disturb equal to or greater than one acre and less than five acres of land to legally conduct those construction activities without being permitted until March 10, 2005, the federal permit authorization deadline for those construction activities. The Louisiana Pollutant Discharge Elimination System (LPDES) program delegation agreement with EPA requires consistency with the federal NPDES program. EPA has postponed the permit authorization deadline for NPDES storm water permits for oil and gas related construction activities in this category until March 10, 2005. The basis and rationale for this Rule are to mirror the federal regulations.

This proposed Rule meets an exception listed in R.S. 30:2019.D.(2) and R.S. 49:953.G.(3); therefore, no report regarding environmental/health benefits and social/economic costs is required. This proposed Rule has no known impact on family formation, stability, and autonomy as described in R.S. 49:972.

This proposed Rule is identical to federal regulations found in 40 CFR 122.26, as amended in 68 FR 11325 – 11330, March 10, 2003, which are applicable in Louisiana. For more information regarding the federal requirement, contact the Regulation Development Section at (225) 765-0399 or Box 82178, Baton Rouge, LA 70884-2178. No fiscal or economic impact will result from the proposed Rule; therefore, the Rule will be promulgated in accordance with R.S. 49:953.F.(3) and (4).

A public hearing will be held on April 24, 2003, at 1:30 p.m. in the Maynard Ketcham Building, Room 326, 7290 Bluebonnet Boulevard, Baton Rouge, LA 70810. Interested persons are invited to attend and submit oral comments on the proposed amendments. Attendees should report directly to the hearing location for DEQ visitor registration, instead of to the security desk in the DEQ Headquarters building. Should individuals with a disability need an accommodation in order to participate, contact Lynn Wilbanks at the address given below or at (225) 765-0399.

All interested persons are invited to submit written comments on the proposed regulation. Persons commenting should reference this proposed regulation by WQ047*. Such comments must be received no later than April 24, 2003, at 4:30 p.m., and should be sent to Lynn Wilbanks, Regulation Development Section, Box 82178, Baton Rouge, LA 70884-2178 or to fax (225) 765-0389 or by e-mail to lynnw@deq.state.la.us. The comment period for this rule ends on the same date as the public hearing. Copies of this proposed regulation can be purchased by contacting the DEQ Records Management Section at (225) 765-0843. Check or money order is required in advance for each copy of WQ047*.

This proposed regulation is available for inspection at the following DEQ office locations from 8 a.m. until 4:30 p.m.: 7290 Bluebonnet Boulevard, Fourth Floor, Baton Rouge, LA 70810; 1823 Highway 546, West Monroe, LA 71292; State Office Building, 1525 Fairfield Avenue, Shreveport, LA 71101; 1301 Gadwall Street, Lake Charles, LA 70615; 201 Evans Road, Building 4, Suite 420, New Orleans, LA 70123; 111 New Center Drive, Lafayette, LA 70508; 104 Lococo Drive, Raceland, LA 70394 or on the Internet at www.deq.state.la.us/ planning/regs/index.htm.

The proposed regulations are:

Title 33 Part IX Chapter 23 Subchapter B 2341. Storm Water Discharges A. – E.7.c.

8. Any storm water discharge associated with small construction activity identified in Subparagraph B.15.a of this Section, other than discharges associated with small construction activity at oil and gas exploration, production, process, and treatment operations or transmission facilities, requires permit authorization by March 10, 2003, unless designated for coverage before then. Discharges associated with small construction activity at such oil and gas sites require permit authorization by March 10, 2005.

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Final rule – Security Requirements for Offerors and Transporters of Hazardous Materials

The Research and Special Programs Administration is establishing new requirements to enhance the security of hazardous materials transported in commerce. Shippers and carriers of certain highly hazardous materials must develop and implement security plans. In addition, all shippers and carriers of hazardous materials must assure that their employee training includes a security component. This final rule is effective March 25, 2003.

By September 25, 2003, each person who offers for transportation in commerce or transports in commerce one or more of the following hazardous materials must develop and adhere to a security plan for hazardous materials that conforms to the requirements of 49 CFR 172 Subpart I:

A highway route-controlled quantity of a Class 7 (radioactive) material, as defined in � 173.403 of this subchapter, in a motor vehicle, rail car, or freight container;
More than 25 kg (55 pounds) of a Division 1.1, 1.2, or 1.3 (explosive) material in a motor vehicle, rail car, or freight container;
More than one L (1.06 qt) per package of a material poisonous by inhalation, as defined in � 171.8 of this subchapter, that meets the criteria for Hazard Zone A, as specified in � 173.116(a) or 173.133(a) of this subchapter;
A shipment of a quantity of hazardous materials in a bulk packaging having a capacity equal to or greater than 13,248 L (3,500 gallons) for liquids or gases or more than 13.24 cubic meters (468 cubic feet) for solids;
A shipment in other than a bulk packaging of 2,268 kg (5,000 pounds) gross weight or more of one class of hazardous materials for which placarding of a vehicle, rail car, or freight container is required for that class under the provisions of subpart F of this part;
A select agent or toxin regulated by the Centers for Disease Control and Prevention under 42 CFR part 73; or
A quantity of hazardous material that requires placarding under the provisions of subpart F of this part.

FOR FURTHER INFORMATION CONTACT: Susan Gorsky, (202) 366-8553, Office of Hazardous Materials Standards, Research and Special Programs Administration. The complete rule can be downloaded from RCP’s website here through the Response Planning Gateway.

Offshore Crane Operations and Safety Conference 2003

The safe operation of offshore cranes is a critical issue for the petroleum exploration and production industry. API is hosting the “Offshore Crane Operations and Safety Conference 2003” at the Lafayette Hilton on June 24-25, 2003. The event is co-sponsored by MMS, OOC, IADC, OMSA, NOIA, and ASME. At the conference, you can gather information and technical support about conducting offshore activities safely, while networking with all your colleagues from the offshore crane industry.

The two-day program features speakers from government and the energy industry who have access to up-the-minute information on operational and regulatory issues. Several panels will address:

Safety through equipment design and through training
Best practices in crane inspection and maintenance
Cargo handling and rigging
Rental crane and temporary crane service
Regulatory enforcement and new initiatives.
International crane operations and safety issues

To register, go to www.api.org/events/. Exhibits and sponsorship opportunities are still available.

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W. R. (Bill) Byrd, PE
President
RCP Inc.

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