Pipeline Safety: Applicability of Public Awareness Regulations to Certain Gas Distribution Operators, 70808-70810 [E7-24124]
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70808
Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Rules and Regulations
2483.5–2500 MHz band (Big LEO Sband) was allocated to the MobileSatellite Service (MSS) for low-earth
orbiting satellites (Big LEOs) in 1994.
The Commission assigned the 1610–
1621.35 MHz segment in the Earth-tospace (uplink) direction for up to four
code division multiple access (CDMA)
MSS systems, paired with the 2483.5–
2500 MHz band for the four CDMA MSS
systems in the space-to-Earth
(downlink) direction. The Commission
designated the 1621.35–1626.5 MHz
segment for a single time division
multiple access (TDMA) system (uplink
and downlink). Since 1994, only one
CDMA system, operated by Globalstar,
Inc. (Globalstar), and one TDMA system,
operated by Iridium Satellite LLC
(Iridium), have launched and operated.
In the antecedent Big LEO Spectrum
Sharing Order, the Commission
reassigned the 1618.25–1621.35 MHz
segment of the band, formerly used for
MSS solely by Globalstar, for sharing
between the two systems. See Review of
the Spectrum Sharing Plan Among NonGeostationary Satellite Orbit Mobile
Satellite Service Systems in the 1.6/2.4
GHz Bands; Allocation of Spectrum
Below 3 GHz for Mobile and Fixed
Services To Support the Introduction of
New Advanced Wireless Services,
Including Third Generation Wireless
Systems (Big LEO Spectrum Sharing
Order), 69 FR 48157, Aug. 9, 2004. The
Commission also sought comment on
sharing an additional 2.25 megahertz of
spectrum, at 1616–1618.25 MHz,
between the two systems. See Spectrum
Sharing Plan Among Non-Geostationary
Satellite Orbit Mobile Satellite Service
Systems in the 1.6/2.4 GHz Bands (Big
LEO Spectrum Sharing Further Notice),
69 FR 48192, Aug. 9, 2004.
Based on the record generated in this
proceeding, the Commission revises its
prior decision to assign the 1618.25–
1621.35 MHz segment for sharing
between the two systems. Instead, the
Commission reassigns the 1618.725–
1621.35 MHz segment to TDMA systems
(Iridium) for exclusive use, and requires
sharing in a small portion of the L-band,
at 1617.775–1618.725 MHz, in order to
accommodate the realities of
Globalstar’s CDMA channel plan. As a
result of this action, Globalstar will have
exclusive MSS use of 7.775 megahertz
of spectrum in the L-band at 1610–
1617.775 MHz, Iridium will have
exclusive use of 7.775 megahertz of
spectrum at 1618.725–1626.5 MHz, and
the two MSS operators will share 0.95
megahertz of spectrum at 1617.775–
1618.725 MHz. As a result of this
decision, the Big LEO Spectrum Sharing
Further Notice has become moot. The
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16:31 Dec 12, 2007
Jkt 214001
Commission delegates authority to its
International Bureau to modify the MSS
licenses of Iridium and Globalstar in
accordance with this decision, pursuant
to Section 316 of the Communications
Act of 1934, as amended, 47 U.S.C. 316.
This Second Order on
Reconsideration and Second Report and
Order does not contain new or modified
information collection requirements
subject to the Paperwork Reduction Act
of 1995 (PRA), Public Law 104–13. In
addition, therefore, it does not contain
any new or modified ‘‘information
collection burden for small business
concerns with fewer than 25
employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4).
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7–24104 Filed 12–12–07; 8:45 am]
Register, 72 FR 31948, June 8, 2007, that
sets forth an effective date of June 8,
2007, except for the revisions and
amendments to §§ 64.2003, 64.2005,
64.2007, and 64.2009, and the addition
of §§ 64.2010 and 64.2011, which
contained information collection
requirements that had not been
approved by the Office of Management
and Budget (OMB). The document
stated that the Commission will publish
a document in the Federal Register
announcing the effective date of these
rules. On December 6, 2007, OMB
approved the information collection
requirements contained in these
sections pursuant to OMB Control No.
3060–0715. Accordingly, the
information collection requirements
contained in these rules became
effective on December 8, 2007. The
expiration date for the information
collection is June 30, 2008.
BILLING CODE 6712–01–P
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. E7–24105 Filed 12–12–07; 8:45 am]
FEDERAL COMMUNICATIONS
COMMISSION
BILLING CODE 6712–01–P
47 CFR Part 64
DEPARTMENT OF TRANSPORTATION
[CC Docket No. 96–115, WC Docket No. 04–
36; FCC 07–22]
Customer Proprietary Network
Information
Federal Communications
Commission.
ACTION: Final rule; announcement of
effective date.
AGENCY:
SUMMARY: The Commission adopted
rules to implement section 222 of the
Communications Act of 1934, as
amended, which governs carriers’ use
and disclosure of customer proprietary
network information. The rules in
§§ 64.2003, 64.2005, 64.2007, 64.2009,
64.2010, and 64.2011 required Office of
Management and Budget approval and
the Commission stated previously in its
Federal Register publication that it
would announce the effective date of
these rules when approved. This
document announces the effective date
of these rules.
DATES: The revisions and amendments
to 47 CFR 64.2003, 64.2005, 64.2007,
and 64.2009, and the addition of 47 CFR
64.2010 and 64.2011, published at 72
FR 31948, June 8, 2007, became
effective on December 8, 2007.
FOR FURTHER INFORMATION CONTACT:
Melissa Droller Kirkel, (202) 418–7958,
Wireline Competition Bureau.
SUPPLEMENTARY INFORMATION: The FCC
published a document in the Federal
PO 00000
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Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 192
[Docket ID PHMSA–2003–15852]
RIN 2137–AE17
Pipeline Safety: Applicability of Public
Awareness Regulations to Certain Gas
Distribution Operators
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Final rule.
AGENCY:
SUMMARY: This final rule relaxes
regulatory requirements governing
public awareness programs conducted
by operators of master meter systems
and certain operators of petroleum gas
systems. These operators typically
manage property and incidentally
provide gas service to customers located
on the property. The change provides a
less burdensome means for these
operators to satisfy public awareness
needs.
This final rule takes effect
January 14, 2008.
DATES:
For
information about this rulemaking
contact Barbara Betsock by phone at
(202) 366–4361, or by e-mail at
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\13DER1.SGM
13DER1
Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Rules and Regulations
barbara.betsock@dot.gov. For
information about public awareness
programs, contact Blaine Keener by
phone at (202) 366–0970 or e-mail at
blaine.keener@dot.gov.
SUPPLEMENTARY INFORMATION:
rwilkins on PROD1PC63 with RULES
Background
PHMSA reopened this rulemaking in
response to a petition for
reconsideration filed by the American
Public Gas Association (APGA). The
APGA proposed that we exempt
operators of master meter systems from
the agency’s new public awareness
regulations (70 FR 28833; May 19,
2005), which require all pipeline
operators to develop written public
awareness programs following
American Petroleum Institute
Recommended Practice 1162 (API RP
1162). The specific regulations in issue
(codified at 49 CFR 192.616) require all
pipeline operators to provide pipeline
safety awareness materials to the
affected public, emergency officials,
local public officials, and excavators.
The APGA petition asked that PHMSA
amend these requirements on the
ground that messages from operators of
master meter systems to the public and
emergency officials could differ from
messages being sent by large gas
distribution operators and cause
confusion among these pipeline safety
stakeholders. As an alternative, the
APGA proposed that operators of master
meter systems be required to pass along
to their customers the awareness
materials provided by the gas
distribution operator serving the master
meter.
PHMSA has decided to relax the
public awareness requirements for
operators of master meter systems, but
we are not adopting the specific
amendment proposed by the APGA.
Customers on the master meter system
may already receive pipeline safety
information directly from pipeline
operators near their residence. However,
only the operator of the master meter
system can provide the critical
information needed by these customers
to report a potential gas emergency on
the master meter system.
During the review of the APGA
petition, PHMSA determined that
operators of petroleum gas distribution
systems whose primary business is not
transportation should be treated the
same as operators of a master meter
distribution system with respect to
public awareness requirements. Both of
these operator types typically operate
gas distribution systems within a welldefined area as a secondary business.
The potential confusion among
VerDate Aug<31>2005
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Jkt 214001
stakeholders which the APGA predicts
for messages sent by operators of master
meter systems applies to the messages
sent by operators of small petroleum gas
distribution systems. In a written
response to the APGA and through
public workshops and an advisory
bulletin (71 FR 34998; June 16, 2006),
PHMSA indicated its intention to
relieve operators of master meter and
petroleum gas distribution systems of
some of the requirements for public
awareness programs. On September 29,
2006, PHMSA published a notice of
proposed rulemaking (NPRM) to
accomplish this (71 FR 57457; Sept. 29,
2006).
Comments on the NPRM and Advisory
Committee Consideration
PHMSA received five sets of
comments on the NPRM. The APGA
supports the NPRM as responsive to its
petition, and all commenters support
relaxing the regulations for the operators
of master meter and petroleum gas
distribution systems.
The Manufactured Housing Institute
urges PHMSA to grant complete relief
from public awareness requirements to
master meter operators. PHMSA is not
considering doing so because of the
safety benefit of public awareness. In
addition, 49 U.S.C. 60116 requires all
operators to have public awareness
programs.
The APGA asks that PHMSA
additionally require master meter
operators to pass on to their customers
the educational materials received from
supplying gas companies. PHMSA is not
requiring this because the customers of
master meter operators will already
receive materials from operators with
pipelines near the customers.
The National Propane Gas Association
and the Maine Oil Dealer Association
ask for a clarification with respect to
petroleum gas marketers. The
associations ask PHMSA to allow
marketers whose business involves
transportation of gas by truck and
pipeline to qualify for the relaxed
requirements proposed in the NPRM if
only a small portion of that
transportation is by pipeline. The
relaxed requirement criteria are taken
from existing regulations at 49 CFR
192.614(e). Operators who currently
‘‘qualify’’ for the exemption in
§ 192.614(e) will also ‘‘qualify’’ for the
relaxed public awareness requirements.
It is unnecessary to add, as suggested by
the commenters, the qualifier ‘‘by
pipeline’’ to the term ‘‘transportation of
gas’’ since that term is defined in § 192.3
to be limited to pipeline transportation.
The members of the Technical
Pipeline Safety Standards Committee,
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Fmt 4700
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70809
voting by letter ballot, voted
unanimously to support the NPRM as
technically feasible, reasonable, costeffective and practicable. The letter
ballots have been placed in the docket
for advisory committee materials
(Docket ID PHMSA–RSPA–1998–4470).
Compliance Dates
The regulations currently require
development and implementation of
public awareness programs meeting API
RP 1162. This final rule provides less
onerous requirements for master meter
and petroleum gas operators (for whom
gas transportation is not a primary
business activity) regardless of size.
PHMSA does not anticipate that these
operators will have difficulty complying
with these relaxed requirements.
However, because gas distribution is not
their primary business, it may take more
time for these operators to learn of their
responsibilities for new gas pipeline
safety regulations. Therefore, we are
including a compliance date six months
from issuance of this final rule.
Regulatory Analyses and Notices
Privacy Act Statement
Anyone may search the electronic
form of all comments received for any
of our dockets. You may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477) or you may visit
https://dms.dot.gov.
Executive Order 12866 and DOT
Policies and Procedures
This final rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866 (58 FR 51735)
and, therefore, was not reviewed by the
Office of Management and Budget. This
final rule is not significant under the
Regulatory Policies and Procedures of
the Department of Transportation (44 FR
11034).
Regulatory Flexibility Act
Under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.), PHMSA must
consider whether rulemaking actions
would have a significant economic
impact on a substantial number of small
entities. This final rule will affect about
20,000 operators of master meters and
petroleum gas systems. Although we do
not have quantitative data, we believe
most of these operators are small
entities. This final rule will relieve
regulatory burden for most of these
operators. Based on the above
information, I hereby certify under
section 605 of the Regulatory Flexibility
Act that this regulation rule will not
have a significant impact on a
substantial number of small entities.
E:\FR\FM\13DER1.SGM
13DER1
70810
Federal Register / Vol. 72, No. 239 / Thursday, December 13, 2007 / Rules and Regulations
Executive Order 13175
PHMSA has analyzed this rulemaking
according to Executive Order 13175,
‘‘Consultation and Coordination with
Indian Tribal Governments.’’ Because
this final rule will not significantly or
uniquely affect the communities of the
Indian tribal governments or impose
substantial direct compliance costs, the
funding and consultation requirements
of Executive Order 13175 do not apply.
Paperwork Reduction Act
This final rule does not impose any
new information collection
requirements.
Unfunded Mandates Reform Act of 1995
This final rule does not impose
unfunded mandates under the
Unfunded Mandates Reform Act of
1995. It does not result in costs of $100
million or more to either State, local, or
tribal governments, in the aggregate, or
to the private sector, and is the least
burdensome alternative that achieves
the objective of the rulemaking.
National Environmental Policy Act
PHMSA has analyzed this final rule
for purposes of the National
Environmental Policy Act (42 U.S.C.
4321 et seq.) and determined this final
rule is unlikely to affect the quality of
the human environment significantly.
An environmental assessment document
is available for review in the docket.
rwilkins on PROD1PC63 with RULES
Executive Order 13132
PHMSA has analyzed the rulemaking
according to Executive Order 13132
(‘‘Federalism’’). This final rule does not
have a substantial direct effect on the
States, the relationship between the
national government and the States, or
the distribution of power and
responsibilities among the various
levels of government. This final rule
does not impose substantial direct
VerDate Aug<31>2005
16:31 Dec 12, 2007
Jkt 214001
compliance costs on State and local
governments. This final regulation
would not preempt state law for
intrastate pipelines. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
Executive Order 13211
Transporting gas impacts the nation’s
available energy supply. However, this
final rule is not a ‘‘significant energy
action’’ under Executive Order 13211. It
also is not a significant regulatory action
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. Further, the Administrator of
the Office of Information and Regulatory
Affairs has not identified this final rule
as a significant energy action.
List of Subjects in 49 CFR Part 192
Pipeline safety, Reporting and
recordkeeping requirements.
I For the reasons provided in the
preamble, PHMSA amends 49 CFR part
192 as follows:
PART 192—TRANSPORTATION OF
NATURAL AND OTHER GAS BY
PIPELINE: MINIMUM FEDERAL
SAFETY STANDARDS
1. The authority citation for part 192
continues to read as follows:
I
Authority: 49 U.S.C. 5103, 60102, 60104,
60108, 60109, 60110, 60113, 60116, and
60118; and 49 CFR 1.53.
2. Amend § 192.616 as follows:
a. Revise paragraph (a);
b. Revise the second sentence of
paragraph (h); and
I c. Add paragraph (j).
The revisions and additions read as
follows:
I
I
I
§ 192.616
Public awareness.
(a) Except for an operator of a master
meter or petroleum gas system covered
PO 00000
Frm 00048
Fmt 4700
Sfmt 4700
under paragraph (j) of this section, each
pipeline operator must develop and
implement a written continuing public
education program that follows the
guidance provided in the American
Petroleum Institute’s (API)
Recommended Practice (RP) 1162
(incorporated by reference, see § 192.7).
*
*
*
*
*
(h) * * * The operator of a master
meter or petroleum gas system covered
under paragraph (j) of this section must
complete development of its written
procedure by June 13, 2008. * * *
*
*
*
*
*
(j) Unless the operator transports gas
as a primary activity, the operator of a
master meter or petroleum gas system is
not required to develop a public
awareness program as prescribed in
paragraphs (a) through (g) of this
section. Instead the operator must
develop and implement a written
procedure to provide its customers
public awareness messages twice
annually. If the master meter or
petroleum gas system is located on
property the operator does not control,
the operator must provide similar
messages twice annually to persons
controlling the property. The public
awareness message must include:
(1) A description of the purpose and
reliability of the pipeline;
(2) An overview of the hazards of the
pipeline and prevention measures used;
(3) Information about damage
prevention;
(4) How to recognize and respond to
a leak; and
(5) How to get additional information.
Issued in Washington, DC, on December 6,
2007.
Krista L. Edwards,
Acting Administrator.
[FR Doc. E7–24124 Filed 12–12–07; 8:45 am]
BILLING CODE 4910–60–P
E:\FR\FM\13DER1.SGM
13DER1
]]>Agencies
[Federal Register Volume 72, Number 239 (Thursday, December 13, 2007)]
[Rules and Regulations]
[Pages 70808-70810]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24124]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 192
[Docket ID PHMSA-2003-15852]
RIN 2137-AE17
Pipeline Safety: Applicability of Public Awareness Regulations to
Certain Gas Distribution Operators
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule relaxes regulatory requirements governing
public awareness programs conducted by operators of master meter
systems and certain operators of petroleum gas systems. These operators
typically manage property and incidentally provide gas service to
customers located on the property. The change provides a less
burdensome means for these operators to satisfy public awareness needs.
DATES: This final rule takes effect January 14, 2008.
FOR FURTHER INFORMATION CONTACT: For information about this rulemaking
contact Barbara Betsock by phone at (202) 366-4361, or by e-mail at
[[Page 70809]]
barbara.betsock@dot.gov. For information about public awareness
programs, contact Blaine Keener by phone at (202) 366-0970 or e-mail at
blaine.keener@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
PHMSA reopened this rulemaking in response to a petition for
reconsideration filed by the American Public Gas Association (APGA).
The APGA proposed that we exempt operators of master meter systems from
the agency's new public awareness regulations (70 FR 28833; May 19,
2005), which require all pipeline operators to develop written public
awareness programs following American Petroleum Institute Recommended
Practice 1162 (API RP 1162). The specific regulations in issue
(codified at 49 CFR 192.616) require all pipeline operators to provide
pipeline safety awareness materials to the affected public, emergency
officials, local public officials, and excavators. The APGA petition
asked that PHMSA amend these requirements on the ground that messages
from operators of master meter systems to the public and emergency
officials could differ from messages being sent by large gas
distribution operators and cause confusion among these pipeline safety
stakeholders. As an alternative, the APGA proposed that operators of
master meter systems be required to pass along to their customers the
awareness materials provided by the gas distribution operator serving
the master meter.
PHMSA has decided to relax the public awareness requirements for
operators of master meter systems, but we are not adopting the specific
amendment proposed by the APGA. Customers on the master meter system
may already receive pipeline safety information directly from pipeline
operators near their residence. However, only the operator of the
master meter system can provide the critical information needed by
these customers to report a potential gas emergency on the master meter
system.
During the review of the APGA petition, PHMSA determined that
operators of petroleum gas distribution systems whose primary business
is not transportation should be treated the same as operators of a
master meter distribution system with respect to public awareness
requirements. Both of these operator types typically operate gas
distribution systems within a well-defined area as a secondary
business. The potential confusion among stakeholders which the APGA
predicts for messages sent by operators of master meter systems applies
to the messages sent by operators of small petroleum gas distribution
systems. In a written response to the APGA and through public workshops
and an advisory bulletin (71 FR 34998; June 16, 2006), PHMSA indicated
its intention to relieve operators of master meter and petroleum gas
distribution systems of some of the requirements for public awareness
programs. On September 29, 2006, PHMSA published a notice of proposed
rulemaking (NPRM) to accomplish this (71 FR 57457; Sept. 29, 2006).
Comments on the NPRM and Advisory Committee Consideration
PHMSA received five sets of comments on the NPRM. The APGA supports
the NPRM as responsive to its petition, and all commenters support
relaxing the regulations for the operators of master meter and
petroleum gas distribution systems.
The Manufactured Housing Institute urges PHMSA to grant complete
relief from public awareness requirements to master meter operators.
PHMSA is not considering doing so because of the safety benefit of
public awareness. In addition, 49 U.S.C. 60116 requires all operators
to have public awareness programs.
The APGA asks that PHMSA additionally require master meter
operators to pass on to their customers the educational materials
received from supplying gas companies. PHMSA is not requiring this
because the customers of master meter operators will already receive
materials from operators with pipelines near the customers.
The National Propane Gas Association and the Maine Oil Dealer
Association ask for a clarification with respect to petroleum gas
marketers. The associations ask PHMSA to allow marketers whose business
involves transportation of gas by truck and pipeline to qualify for the
relaxed requirements proposed in the NPRM if only a small portion of
that transportation is by pipeline. The relaxed requirement criteria
are taken from existing regulations at 49 CFR 192.614(e). Operators who
currently ``qualify'' for the exemption in Sec. 192.614(e) will also
``qualify'' for the relaxed public awareness requirements. It is
unnecessary to add, as suggested by the commenters, the qualifier ``by
pipeline'' to the term ``transportation of gas'' since that term is
defined in Sec. 192.3 to be limited to pipeline transportation.
The members of the Technical Pipeline Safety Standards Committee,
voting by letter ballot, voted unanimously to support the NPRM as
technically feasible, reasonable, cost-effective and practicable. The
letter ballots have been placed in the docket for advisory committee
materials (Docket ID PHMSA-RSPA-1998-4470).
Compliance Dates
The regulations currently require development and implementation of
public awareness programs meeting API RP 1162. This final rule provides
less onerous requirements for master meter and petroleum gas operators
(for whom gas transportation is not a primary business activity)
regardless of size. PHMSA does not anticipate that these operators will
have difficulty complying with these relaxed requirements. However,
because gas distribution is not their primary business, it may take
more time for these operators to learn of their responsibilities for
new gas pipeline safety regulations. Therefore, we are including a
compliance date six months from issuance of this final rule.
Regulatory Analyses and Notices
Privacy Act Statement
Anyone may search the electronic form of all comments received for
any of our dockets. You may review DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477) or
you may visit https://dms.dot.gov.
Executive Order 12866 and DOT Policies and Procedures
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was
not reviewed by the Office of Management and Budget. This final rule is
not significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034).
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), PHMSA
must consider whether rulemaking actions would have a significant
economic impact on a substantial number of small entities. This final
rule will affect about 20,000 operators of master meters and petroleum
gas systems. Although we do not have quantitative data, we believe most
of these operators are small entities. This final rule will relieve
regulatory burden for most of these operators. Based on the above
information, I hereby certify under section 605 of the Regulatory
Flexibility Act that this regulation rule will not have a significant
impact on a substantial number of small entities.
[[Page 70810]]
Executive Order 13175
PHMSA has analyzed this rulemaking according to Executive Order
13175, ``Consultation and Coordination with Indian Tribal
Governments.'' Because this final rule will not significantly or
uniquely affect the communities of the Indian tribal governments or
impose substantial direct compliance costs, the funding and
consultation requirements of Executive Order 13175 do not apply.
Paperwork Reduction Act
This final rule does not impose any new information collection
requirements.
Unfunded Mandates Reform Act of 1995
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$100 million or more to either State, local, or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rulemaking.
National Environmental Policy Act
PHMSA has analyzed this final rule for purposes of the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) and determined this
final rule is unlikely to affect the quality of the human environment
significantly. An environmental assessment document is available for
review in the docket.
Executive Order 13132
PHMSA has analyzed the rulemaking according to Executive Order
13132 (``Federalism''). This final rule does not have a substantial
direct effect on the States, the relationship between the national
government and the States, or the distribution of power and
responsibilities among the various levels of government. This final
rule does not impose substantial direct compliance costs on State and
local governments. This final regulation would not preempt state law
for intrastate pipelines. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
Executive Order 13211
Transporting gas impacts the nation's available energy supply.
However, this final rule is not a ``significant energy action'' under
Executive Order 13211. It also is not a significant regulatory action
under Executive Order 12866 and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Further,
the Administrator of the Office of Information and Regulatory Affairs
has not identified this final rule as a significant energy action.
List of Subjects in 49 CFR Part 192
Pipeline safety, Reporting and recordkeeping requirements.
0
For the reasons provided in the preamble, PHMSA amends 49 CFR part 192
as follows:
PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
0
1. The authority citation for part 192 continues to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,
60113, 60116, and 60118; and 49 CFR 1.53.
0
2. Amend Sec. 192.616 as follows:
0
a. Revise paragraph (a);
0
b. Revise the second sentence of paragraph (h); and
0
c. Add paragraph (j).
The revisions and additions read as follows:
Sec. 192.616 Public awareness.
(a) Except for an operator of a master meter or petroleum gas
system covered under paragraph (j) of this section, each pipeline
operator must develop and implement a written continuing public
education program that follows the guidance provided in the American
Petroleum Institute's (API) Recommended Practice (RP) 1162
(incorporated by reference, see Sec. 192.7).
* * * * *
(h) * * * The operator of a master meter or petroleum gas system
covered under paragraph (j) of this section must complete development
of its written procedure by June 13, 2008. * * *
* * * * *
(j) Unless the operator transports gas as a primary activity, the
operator of a master meter or petroleum gas system is not required to
develop a public awareness program as prescribed in paragraphs (a)
through (g) of this section. Instead the operator must develop and
implement a written procedure to provide its customers public awareness
messages twice annually. If the master meter or petroleum gas system is
located on property the operator does not control, the operator must
provide similar messages twice annually to persons controlling the
property. The public awareness message must include:
(1) A description of the purpose and reliability of the pipeline;
(2) An overview of the hazards of the pipeline and prevention
measures used;
(3) Information about damage prevention;
(4) How to recognize and respond to a leak; and
(5) How to get additional information.
Issued in Washington, DC, on December 6, 2007.
Krista L. Edwards,
Acting Administrator.
[FR Doc. E7-24124 Filed 12-12-07; 8:45 am]
BILLING CODE 4910-60-P
