Pipeline Safety: Control Room Management/Human Factors, 56972-56975 [2010-23227]
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Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Proposed Rules
TABLE 1—STANDARD DISTRIBUTION—Continued
ADP Point for CAO (applicable to Air Force only) ....................................................................................................................................
(When DFAS–CO/ALQ is the payment office in Block 12, send one copy to DFAS–CO/ALQ immediately after signature. If submission of delivery data is made electronically, distribution of this hard copy need not be made to DFAS–CO/ALQ.)
CAO of Contractor Receiving GFP ...........................................................................................................................................................
(For items fabricated or acquired for the Government and shipped to a contractor as Government furnished property, send one
copy directly to the CAO cognizant of the receiving contractor, ATTN: Property Administrator (see DoD 4105.59–H).)
1
..................
1
..................
* Two copies of the receiving report (paper copies of either the DD Form 250 or the WAWF RR) shall be distributed with the shipment. Attach
as follows:
Type of Shipment
Location
Carload or truckload .................................................................................
Affix to the shipment where it will be readily visible and available upon
receipt.
Affix to container number one or container truckload bearing lowest
number.
Attach to outside or include in the package. Include a copy in each additional package of multi-package shipments.
Forward with consignee copies.
Less than carload or truckload .................................................................
Mail, including parcel post ........................................................................
Pipeline, tank car, or railroad cars for coal movements ..........................
** Payment by Defense Finance and Accounting Service, Columbus Center will be based on the source acceptance copies of DD Forms 250
forwarded to the contract administration office. For contracts administered by an office other than Defense Contract Management Agency, furnish
four copies of the DD Form 250 MIRR to the payment office.
*
*
*
*
*
16. Revise the heading of newly
designated Part 6 to read as follows:
PART 6—PREPARATION OF THE DD
FORM 250–1 TANKER/BARGE
MATERIAL INSPECTION AND
RECEIVING REPORT
*
*
*
*
*
17. Revise newly designated Part 8 to
read as follows:
PART 8—DISTRIBUTION OF THE DD
FORM 250–1
F–801
Distribution
Follow the procedures at PGI F 801
for distribution of DD Form 250–1.
F–802
Corrected DD Form 250–1
Follow the procedures at PGI F–802
when corrections to DD Form 250–1 are
needed.
[FR Doc. 2010–22878 Filed 9–16–10; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 192 and 195
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[Docket ID PHMSA–2007–27954]
RIN 2137–AE64
Pipeline Safety: Control Room
Management/Human Factors
Pipeline and Hazardous
Materials Safety Administration
(PHMSA); DOT.
ACTION: Notice of proposed rulemaking.
AGENCY:
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PHMSA published the
Control Room Management/Human
Factors final rule in the Federal Register
on December 3, 2009, which became
effective on February 1, 2010. The final
rule established an 18-month program
development deadline of August 1,
2011, and a subsequent 18-month
program implementation deadline of
February 1, 2013. This proposed rule
proposes to expedite the program
implementation deadline to August 1,
2011, for most of the requirements,
except for certain provisions regarding
adequate information and alarm
management, which would have a
program implementation deadline of
August 1, 2012.
DATES: Anyone interested in filing
written comments on this proposed rule
must do so by November 16, 2010.
PHMSA will consider late comments
filed so far as practical.
ADDRESSES: Comments should reference
Docket No. PHMSA–2007–27954 and
may be submitted in the following ways:
• E–Gov Web site: https://
www.regulations.gov. This web site
allows the public to enter comments on
any Federal Register notice issued by
any agency. Follow the instructions for
submitting comments.
• Fax: 1–202–493–2251.
• Mail: DOT Docket Management
System: U.S. DOT, Docket Operations,
M–30, West Building Ground Floor,
Room W12–140, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
• Hand Delivery: DOT Docket
Management System; West Building
Ground Floor, Room W12–140, 1200
New Jersey Avenue, SE., Washington,
DC 20590–0001 between 9 a.m. and 5
SUMMARY:
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p.m., Monday through Friday, except
Federal holidays.
Instructions: You should identify the
Docket No. PHMSA–2007–27954 at the
beginning of your comments. If you
submit your comments by mail, submit
two copies. To receive confirmation that
PHMSA received your comments,
include a self-addressed stamped
postcard. Internet users may submit
comments at https://
www.regulations.gov.
Note: Comments are posted without
changes or edits to https://
www.regulations.gov, including any personal
information provided. There is a privacy
statement published on https://
www.regulations.gov.
For
further information contact Byron Coy
at 609–989–2180 or by e-mail at
Byron.Coy@dot.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Background
There are roughly 170,000 miles of
hazardous liquid pipelines, 295,000
miles of gas transmission pipelines, and
1.9 million miles of gas distribution
pipelines in the United States. These
pipelines transport about 66 percent of
the United States domestic energy
supply. Hazardous liquid pipelines
carry crude oil to refineries and refined
products to locations where these
products are consumed. Hazardous
liquid pipelines also transport highly
volatile liquids, other hazardous liquids
such as anhydrous ammonia, and
carbon dioxide. Gas transmission
pipelines typically carry natural gas
over long distances from gas gathering,
supply, or import facilities to localities
where it is used to heat homes, generate
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electricity, and fuel industry. Gas
distribution pipelines take natural gas
from transmission pipelines and
distribute it to residential, commercial,
and industrial customers. PHMSA’s goal
is to protect the general public and the
environment by providing the most
effective pipeline safety regulations and
enforcement programs.
To fulfill certain mandates in the
Pipeline Inspection, Protection,
Enforcement, and Safety Act of 2006
(Pub. L. 109–468), and to address
several recommendations of the
National Transportation Safety Board,
PHMSA published on December 3,
2009, a final rule in the Federal Register
(74 FR 63310) titled: ‘‘Pipeline Safety:
Control Room Management/Human
Factors.’’ The final rule amended the
Federal pipeline safety regulations to
address human factors and other aspects
of control room management for certain
pipelines where controllers use
supervisory control and data acquisition
(SCADA) systems. Under the final rule,
pipeline operators must implement
methods to reduce the risk associated
with controller fatigue. In addition,
certain operators must define the roles
and responsibilities of controllers and
provide controllers with the necessary
information, training, and processes to
fulfill these responsibilities. Affected
operators must also manage alarms,
assure control room considerations are
taken into account when changing
pipeline equipment or configurations,
and review reportable incidents or
accidents to determine whether control
room actions contributed to the event.
The final rule established a program
development deadline of August 1,
2011, and a program implementation
deadline of February 1, 2013, for all
substantive provisions in the rule.
Justification
PHMSA periodically reviews its
pipeline safety regulations to protect
people and the environment from the
risks inherent in transportation of
hazardous materials. Pipeline control
rooms and controllers covered by the
control room management rule are
critical to the safe operation of pipeline
systems. Control rooms and controllers
facilitate and enable normal operations,
and provide for prompt detection and
appropriate response to abnormal
conditions and to emergencies that may
arise. The control room is the central
location where controllers and
computers receive data from field
sensors. Commands from the control
room can also be transmitted back to
remotely controlled equipment as well
as field personnel who may receive
information from the control room
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necessary for operations and
maintenance activities being conducted
in the field.
After evaluating the substantive
provisions in the control room
management rule, as set forth in more
detail below, including the fact that
most of the effort to comply with many
of the provisions will have already been
completed by the August 1, 2011,
deadline, PHMSA believes that the
program implementation deadlines
should be expedited to realize the safety
benefit to the public, property, and the
environment sooner. Where PHMSA
believes there is a need for additional
program implementation time, the
agency proposes to moderately shorten
the time provided in the current rule by
only six months. For these reasons, we
do not believe expediting the
implementation deadlines for the
selected paragraphs will have
significant impact to pipeline operators.
PHMSA proposes to amend the
implementation deadlines in 49 CFR
192.631 and 195.446 as follows:
(a) General—This paragraph
establishes the scope of the rule and
would be amended to reflect the revised
implementation deadlines set forth
below.
(b) Roles and Responsibilities—This
paragraph requires operators to define
the roles and responsibilities of a
controller during normal, abnormal, and
emergency operating conditions.
Because most, if not all, of the effort to
define controllers’ roles and
responsibilities will be performed
during the development stage and
completed under the current rule by
August 1, 2011, PHMSA believes the
program implementation deadline
should be expedited to coincide with
the program development deadline.
(c) Provide Adequate Information—
This paragraph requires operators to
provide their controllers with the
information, tools, processes and
procedures necessary for the controllers
to carry out the roles and
responsibilities the operators have
defined. Paragraphs (c)(1) through (c)(4)
may require certain physical changes
and testing to an operator’s SCADA
system, backup system, and
communications. PHMSA believes the
program implementation deadline for
paragraphs (c)(1) through (c)(4) should
be expedited by six months to August 1,
2012, to realize the safety benefit to the
public, property, and the environment
sooner, with minimal impact on
regulated entities.
Paragraph (c)(5) requires the
establishment of procedures for when a
different controller assumes
responsibility, including the content of
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information to be exchanged. Since this
section is tied to shift change, and
because most, if not all, of the work to
comply with this requirement will be
performed during the development stage
and completed under the current rule by
August 1, 2011, PHMSA believes the
program implementation deadline for
paragraph (c)(5) should be expedited to
coincide with the program development
deadline consistent with paragraph (d)
for fatigue.
(d) Fatigue Mitigation—This
paragraph requires operators to
implement fatigue mitigation methods
to reduce the risk associated with
controller fatigue that could inhibit a
controller’s ability to carry out the roles
and responsibilities the operator has
defined. Since most, if not all, of the
work to comply with this requirement
will be performed during the
development stage and completed under
the current rule by August 1, 2011,
PHMSA believes the program
implementation deadline for this
paragraph should be expedited to
coincide with the program development
deadline.
(e) Alarm Management—This
paragraph requires operators that use a
SCADA system to have a written alarm
management plan to provide for
effective controller response to alarms.
Some provisions in this paragraph may
require physical changes to SCADA
systems. PHMSA believes the program
implementation deadline for this
paragraph should be expedited by six
months to August 1, 2012, to realize the
safety benefit to the public, property,
and the environment sooner, with
minimal impact on regulated entities.
(f) Change Management—This
paragraph requires operators to assure
that changes that could affect control
room operations are coordinated with
the control room personnel. Since most,
if not all, of the work to comply with
this requirement will be performed
during the development stage and
completed under the current rule by
August 1, 2011, PHMSA believes the
program implementation deadline for
this paragraph should be expedited to
coincide with the program development
deadline.
(g) Operating Experience—This
paragraph requires operators to assure
that lessons learned from its operating
experience are incorporated, as
appropriate, into its control room
management procedures. Since most, if
not all, of the work to comply with this
requirement will be performed during
the development stage and completed
under the current rule by August 1,
2011, PHMSA believes the program
implementation deadline for this
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paragraph should be expedited to
coincide with the program development
deadline.
(h) Training—This paragraph requires
operators to establish a controller
training program and review the
training program content to identify
potential improvements at least once
each calendar year, but at intervals not
to exceed 15 months. Since most, if not
all, of the work to comply with this
requirement will be performed during
the development stage and completed
under the current rule by August 1,
2011, PHMSA believes the program
implementation deadline for this
paragraph should be expedited to
coincide with the program development
deadline.
(i) Compliance Validation—This
paragraph requires operators to submit
their procedures, upon request, to
PHMSA or, in the case of an intrastate
pipeline facility regulated by a state, to
the appropriate state agency. This
requirement is self-executing and would
not be amended.
(j) Compliance and Deviation—This
paragraph requires operators to
maintain, for review during inspection,
records that demonstrate compliance
with the requirements of this section,
and documentation to demonstrate that
any deviation from the procedures
required by this section was necessary
for the safe operation of a pipeline
facility. This requirement is selfexecuting and would not be amended.
Based on the above justification,
PHMSA proposes to amend the control
room management rule to require that
operators develop and implement all
paragraphs by August 1, 2011, with the
exception of paragraphs (c)(1) through
(c)(4) and (e), which we propose to
require development by August 1, 2011,
and implementation by August 1, 2012.
Regulatory Analyses and Notices
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Privacy Act Statement
Anyone may search the electronic
form of comments received in response
to any of our dockets by the name of the
individual submitting the comment (or
signing the comment if submitted for an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19477).
Executive Order 12866 and DOT
Policies and Procedures
PHMSA considers this proposed rule
a non-significant regulatory action
under Section 3(f) of Executive Order
12866 (58 FR 51735; October 4, 1993).
The proposed rule is also non-
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significant under DOT regulatory
policies and procedures (44 FR 11034;
February 26 1979).
The final rule’s regulatory analysis
did not consider specific costs for the
program implementation deadlines
because the costs associated with the
rule were determined to be the first year
program implementation costs, and
were not dependent on the
implementation deadline. PHMSA
believes that the 18 months provided for
program development is sufficient for
pipeline operators to both develop and
implement certain provisions of the
rule. Where PHMSA believes there is a
need for additional program
implementation time, we propose to
moderately shorten that time by only six
months. Therefore, PHMSA does not
believe there is additional cost for this
proposed rule beyond what has already
been evaluated in the original control
room management final rule. The final
rule’s regulatory analysis estimated first
year average cost to be $14.4 million for
hazardous liquid pipeline operators and
$28.6 million for gas pipeline operators.
The final rule estimated the quantifiable
present value of the costs and benefits
to be about $6 million over a ten year
period using a discount rate of seven
percent after all of the requirements are
implemented. The final rule also found
the regulatory costs not to exceed an
annual effect of more than $100 million
on the national economy, which is not
an economically significant regulatory
action within the meaning of Executive
Order 12866.
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. While PHMSA does not collect
information on the number of
employees or revenues of pipeline
operators, we do continuously seek
information on the number of small
pipeline operators to more fully
determine any impacts our proposed
regulations may have on small entities.
The final rule requires most small firms
only to comply with certain
requirements mandated by law, namely
fatigue mitigation (including training),
and recordkeeping for compliance
purposes. Therefore, based on our
findings in the final rule, we do not
believe this proposed rule would have
a significant economic impact on small
entities.
Executive Order 13175
PHMSA has analyzed this rulemaking
according to Executive Order 13175,
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‘‘Consultation and Coordination with
Indian Tribal Governments.’’ Because
the proposed rule would 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
The proposed rule does not require
any additional paperwork burden on
hazardous liquid and gas pipeline
operators under the Paperwork
Reduction Act of 1995.
Unfunded Mandates Reform Act of 1995
This proposed rule does not impose
unfunded mandates under the
Unfunded Mandates Reform Act of
1995. It does not result in costs of
$141.3 million or more to either state,
local, or tribal governments, in the
aggregate, or to the private sector.
National Environmental Policy Act
PHMSA has examined the proposed
rule for purposes of the National
Environmental Policy Act (42 U.S.C.
4321 et seq.) and believes that
expediting the program implementation
deadlines may provide beneficial
impacts on the quality of the
environment. If pipeline operators
comply with the technical elements of
the proposed rule within a shorter time,
environmental benefits would be
realized sooner and may reduce the
number and severity of pipeline
releases. PHMSA has concluded this
proposed rule would not add any
significant negative or beneficial
impacts to the quality of the human
environment under the National
Environmental Policy Act.
Executive Order 13132
PHMSA has analyzed the proposed
rule according to Executive Order 13132
(‘‘Federalism’’). The proposal 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. The proposed rule
does not impose substantial direct
compliance costs on state and local
governments. This proposed rule 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 and hazardous
liquids impacts the nation’s available
energy supply. However, this proposed
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rule is not a ‘‘significant energy action’’
under Executive Order 13211 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 proposal
as a significant energy action.
List of Subjects
1, 2011, and implemented no later than
August 1, 2012.
*
*
*
*
*
Issued in Washington, DC on September
10, 2010.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2010–23227 Filed 9–16–10; 8:45 am]
BILLING CODE 4910–60–P
49 CFR Part 192
Incorporation by reference, Gas,
Natural gas, Pipeline safety, Reporting
and recordkeeping requirements.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide,
Incorporation by reference, Petroleum,
Pipeline safety, Reporting and
recordkeeping requirements.
For the reasons provided in the
preamble, PHMSA proposes to amend
49 CFR parts 192 and 195 as follows:
PART 192—TRANSPORTATION OF
NATURAL GAS AND OTHER GAS BY
PIPELINE: MINIMUM FEDERAL
SAFETY STANDARDS
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 16
[Docket No. FWS–R9–FHC–2009–0093;
94140–1342–0000–N5]
RIN 1018–AX05
Injurious Wildlife Species; Review of
Information Concerning a Petition To
List All Live Amphibians in Trade as
Injurious Unless Free of
Batrachochytrium dendrobatidis
1. The authority citation for part 192
continues to read as follows:
Fish and Wildlife Service,
Interior.
ACTION: Notice of inquiry.
Authority: 49 U.S.C. 5103, 60102, 60104,
60108, 60109, 60110, 60113, 60116, 60118,
and 60137; and 49 CFR 1.53.
SUMMARY:
2. Amend § 192.631 by revising the
last sentence in paragraph (a)(2) to read
as follows:
§ 192.631
Control room management.
(a) * * *
(2) * * * An operator must develop
and implement the procedures no later
than August 1, 2011, except the
procedures required by paragraphs (c)(1)
through (c)(4) and (e) of this section
must be developed no later than August
1, 2011, and implemented no later than
August 1, 2012.
*
*
*
*
*
PART 195—TRANSPORTATION OF
HAZARDOUS LIQUIDS BY PIPELINE
3. The authority citation for part 195
continues to read as follows:
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Authority: 49 U.S.C. 5103, 60102, 60104,
60108, 60109, 60116, 60118, and 60137; and
49 CFR 1.53.
4. Amend § 195.446 by revising the
last sentence in paragraph (a) to read as
follows:
§ 195.446
Control room management.
(a) * * * An operator must develop
and implement the procedures no later
than August 1, 2011, except the
procedures required by paragraphs (c)(1)
through (c)(4) and (e) of this section
must be developed no later than August
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AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are reviewing
a petition to list, under the Lacey Act,
all live amphibians or their eggs in trade
as injurious unless certified as free of
Batrachochytrium dendrobatidis
(chytrid fungus). The importation and
introduction of live amphibians infected
with chytrid fungus into the natural
ecosystems of the United States may
pose a threat to interests of agriculture,
horticulture, forestry, or to wildlife or
the wildlife resources of the United
States. An injurious wildlife listing
would prohibit the importation of live
amphibians or their eggs infected with
chytrid fungus into, or transportation
between, States, the District of
Columbia, the Commonwealth of Puerto
Rico, or any territory or possession of
the United States by any means, without
a permit. We may issue permits for
scientific, medical, educational, or
zoological purposes. This document
seeks information from the public to aid
in determining if a proposed rule is
warranted.
We will consider information
received or postmarked on or before
December 16, 2010.
ADDRESSES: You may submit comments
by one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments to
Docket No. FWS–R9–FHC–2009–0093.
DATES:
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56975
• U.S. mail or hand-delivery: Public
Comments Processing, Attn: Docket No.
FWS–R9–FHC–2009–0093, Division of
Policy and Directives Management, U.S.
Fish and Wildlife Service, 4401 North
Fairfax Drive, Suite 222, Arlington, VA
22203.
FOR FURTHER INFORMATION CONTACT:
Susan Jewell, Branch of Aquatic
Invasive Species, U.S. Fish and Wildlife
Service, MS 770, 4401 N. Fairfax Drive,
Arlington, VA 22203; telephone 703–
358–2416. If you use a
telecommunications device for the deaf
(TDD), call the Federal Information
Relay Service (FIRS) at 800–877–8339.
SUPPLEMENTARY INFORMATION: On
September 9, 2009, Department of the
Interior Secretary Ken Salazar received
a petition from the Defenders of Wildlife
requesting that live amphibians or their
eggs in trade be considered for inclusion
in the injurious wildlife regulations (50
CFR part 16) under the Lacey Act (18
U.S.C. 42) unless they are free of
Batrachochytrium dendrobatidis
(chytrid fungus). The Defenders of
Wildlife is concerned that unregulated
trade—primarily for pet use and as live
animals for consumption as frog legs—
continues to threaten the survival of
many amphibian species, including
domestic and foreign species listed by
the Service under the Endangered
Species Act of 1973 as amended (ESA;
16 U.S.C. 1531 et seq.), candidate
species, and other species.
Specifically, the petition to Secretary
Salazar proposes the following revision
to the Service regulations at 50 CFR
16.14.
Importation of live amphibians or their
eggs. All live amphibians and their eggs are
prohibited entry into the United States, or to
be exported from the United States, or
transported in interstate commerce, for any
purposes, except in compliance with this
section. Upon the filing of a written
declaration with the District Director of
Customs at the port of entry as required
under § 14.61, species of live amphibians or
their eggs may be imported, transported, and
possessed in captivity only if the shipment
complies with a certification and handling
system that meets or exceeds
recommendations of the World Organization
for Animal Health in its Aquatic Animal
Health Code on Batrachochytrium
dendrobatidis. No such live amphibians or
any progeny or eggs thereof may be released
into the wild except by the State wildlife
conservation agency having jurisdiction over
the area of release or by persons having prior
written permission for release from such
agency. All live amphibians and their eggs
are prohibited from interstate commerce in
the United States and from export out of the
United States unless in a shipment
accompanied by a written declaration, in
such form as the Director of the Fish and
Wildlife Service shall provide, which
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]]>Agencies
[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Proposed Rules]
[Pages 56972-56975]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23227]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 192 and 195
[Docket ID PHMSA-2007-27954]
RIN 2137-AE64
Pipeline Safety: Control Room Management/Human Factors
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA);
DOT.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: PHMSA published the Control Room Management/Human Factors
final rule in the Federal Register on December 3, 2009, which became
effective on February 1, 2010. The final rule established an 18-month
program development deadline of August 1, 2011, and a subsequent 18-
month program implementation deadline of February 1, 2013. This
proposed rule proposes to expedite the program implementation deadline
to August 1, 2011, for most of the requirements, except for certain
provisions regarding adequate information and alarm management, which
would have a program implementation deadline of August 1, 2012.
DATES: Anyone interested in filing written comments on this proposed
rule must do so by November 16, 2010. PHMSA will consider late comments
filed so far as practical.
ADDRESSES: Comments should reference Docket No. PHMSA-2007-27954 and
may be submitted in the following ways:
E-Gov Web site: https://www.regulations.gov. This web site
allows the public to enter comments on any Federal Register notice
issued by any agency. Follow the instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: DOT Docket Management System: U.S. DOT, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
Hand Delivery: DOT Docket Management System; West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
Instructions: You should identify the Docket No. PHMSA-2007-27954
at the beginning of your comments. If you submit your comments by mail,
submit two copies. To receive confirmation that PHMSA received your
comments, include a self-addressed stamped postcard. Internet users may
submit comments at https://www.regulations.gov.
Note: Comments are posted without changes or edits to https://www.regulations.gov, including any personal information provided.
There is a privacy statement published on https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For further information contact Byron
Coy at 609-989-2180 or by e-mail at Byron.Coy@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
There are roughly 170,000 miles of hazardous liquid pipelines,
295,000 miles of gas transmission pipelines, and 1.9 million miles of
gas distribution pipelines in the United States. These pipelines
transport about 66 percent of the United States domestic energy supply.
Hazardous liquid pipelines carry crude oil to refineries and refined
products to locations where these products are consumed. Hazardous
liquid pipelines also transport highly volatile liquids, other
hazardous liquids such as anhydrous ammonia, and carbon dioxide. Gas
transmission pipelines typically carry natural gas over long distances
from gas gathering, supply, or import facilities to localities where it
is used to heat homes, generate
[[Page 56973]]
electricity, and fuel industry. Gas distribution pipelines take natural
gas from transmission pipelines and distribute it to residential,
commercial, and industrial customers. PHMSA's goal is to protect the
general public and the environment by providing the most effective
pipeline safety regulations and enforcement programs.
To fulfill certain mandates in the Pipeline Inspection, Protection,
Enforcement, and Safety Act of 2006 (Pub. L. 109-468), and to address
several recommendations of the National Transportation Safety Board,
PHMSA published on December 3, 2009, a final rule in the Federal
Register (74 FR 63310) titled: ``Pipeline Safety: Control Room
Management/Human Factors.'' The final rule amended the Federal pipeline
safety regulations to address human factors and other aspects of
control room management for certain pipelines where controllers use
supervisory control and data acquisition (SCADA) systems. Under the
final rule, pipeline operators must implement methods to reduce the
risk associated with controller fatigue. In addition, certain operators
must define the roles and responsibilities of controllers and provide
controllers with the necessary information, training, and processes to
fulfill these responsibilities. Affected operators must also manage
alarms, assure control room considerations are taken into account when
changing pipeline equipment or configurations, and review reportable
incidents or accidents to determine whether control room actions
contributed to the event. The final rule established a program
development deadline of August 1, 2011, and a program implementation
deadline of February 1, 2013, for all substantive provisions in the
rule.
Justification
PHMSA periodically reviews its pipeline safety regulations to
protect people and the environment from the risks inherent in
transportation of hazardous materials. Pipeline control rooms and
controllers covered by the control room management rule are critical to
the safe operation of pipeline systems. Control rooms and controllers
facilitate and enable normal operations, and provide for prompt
detection and appropriate response to abnormal conditions and to
emergencies that may arise. The control room is the central location
where controllers and computers receive data from field sensors.
Commands from the control room can also be transmitted back to remotely
controlled equipment as well as field personnel who may receive
information from the control room necessary for operations and
maintenance activities being conducted in the field.
After evaluating the substantive provisions in the control room
management rule, as set forth in more detail below, including the fact
that most of the effort to comply with many of the provisions will have
already been completed by the August 1, 2011, deadline, PHMSA believes
that the program implementation deadlines should be expedited to
realize the safety benefit to the public, property, and the environment
sooner. Where PHMSA believes there is a need for additional program
implementation time, the agency proposes to moderately shorten the time
provided in the current rule by only six months. For these reasons, we
do not believe expediting the implementation deadlines for the selected
paragraphs will have significant impact to pipeline operators.
PHMSA proposes to amend the implementation deadlines in 49 CFR
192.631 and 195.446 as follows:
(a) General--This paragraph establishes the scope of the rule and
would be amended to reflect the revised implementation deadlines set
forth below.
(b) Roles and Responsibilities--This paragraph requires operators
to define the roles and responsibilities of a controller during normal,
abnormal, and emergency operating conditions. Because most, if not all,
of the effort to define controllers' roles and responsibilities will be
performed during the development stage and completed under the current
rule by August 1, 2011, PHMSA believes the program implementation
deadline should be expedited to coincide with the program development
deadline.
(c) Provide Adequate Information--This paragraph requires operators
to provide their controllers with the information, tools, processes and
procedures necessary for the controllers to carry out the roles and
responsibilities the operators have defined. Paragraphs (c)(1) through
(c)(4) may require certain physical changes and testing to an
operator's SCADA system, backup system, and communications. PHMSA
believes the program implementation deadline for paragraphs (c)(1)
through (c)(4) should be expedited by six months to August 1, 2012, to
realize the safety benefit to the public, property, and the environment
sooner, with minimal impact on regulated entities.
Paragraph (c)(5) requires the establishment of procedures for when
a different controller assumes responsibility, including the content of
information to be exchanged. Since this section is tied to shift
change, and because most, if not all, of the work to comply with this
requirement will be performed during the development stage and
completed under the current rule by August 1, 2011, PHMSA believes the
program implementation deadline for paragraph (c)(5) should be
expedited to coincide with the program development deadline consistent
with paragraph (d) for fatigue.
(d) Fatigue Mitigation--This paragraph requires operators to
implement fatigue mitigation methods to reduce the risk associated with
controller fatigue that could inhibit a controller's ability to carry
out the roles and responsibilities the operator has defined. Since
most, if not all, of the work to comply with this requirement will be
performed during the development stage and completed under the current
rule by August 1, 2011, PHMSA believes the program implementation
deadline for this paragraph should be expedited to coincide with the
program development deadline.
(e) Alarm Management--This paragraph requires operators that use a
SCADA system to have a written alarm management plan to provide for
effective controller response to alarms. Some provisions in this
paragraph may require physical changes to SCADA systems. PHMSA believes
the program implementation deadline for this paragraph should be
expedited by six months to August 1, 2012, to realize the safety
benefit to the public, property, and the environment sooner, with
minimal impact on regulated entities.
(f) Change Management--This paragraph requires operators to assure
that changes that could affect control room operations are coordinated
with the control room personnel. Since most, if not all, of the work to
comply with this requirement will be performed during the development
stage and completed under the current rule by August 1, 2011, PHMSA
believes the program implementation deadline for this paragraph should
be expedited to coincide with the program development deadline.
(g) Operating Experience--This paragraph requires operators to
assure that lessons learned from its operating experience are
incorporated, as appropriate, into its control room management
procedures. Since most, if not all, of the work to comply with this
requirement will be performed during the development stage and
completed under the current rule by August 1, 2011, PHMSA believes the
program implementation deadline for this
[[Page 56974]]
paragraph should be expedited to coincide with the program development
deadline.
(h) Training--This paragraph requires operators to establish a
controller training program and review the training program content to
identify potential improvements at least once each calendar year, but
at intervals not to exceed 15 months. Since most, if not all, of the
work to comply with this requirement will be performed during the
development stage and completed under the current rule by August 1,
2011, PHMSA believes the program implementation deadline for this
paragraph should be expedited to coincide with the program development
deadline.
(i) Compliance Validation--This paragraph requires operators to
submit their procedures, upon request, to PHMSA or, in the case of an
intrastate pipeline facility regulated by a state, to the appropriate
state agency. This requirement is self-executing and would not be
amended.
(j) Compliance and Deviation--This paragraph requires operators to
maintain, for review during inspection, records that demonstrate
compliance with the requirements of this section, and documentation to
demonstrate that any deviation from the procedures required by this
section was necessary for the safe operation of a pipeline facility.
This requirement is self-executing and would not be amended.
Based on the above justification, PHMSA proposes to amend the
control room management rule to require that operators develop and
implement all paragraphs by August 1, 2011, with the exception of
paragraphs (c)(1) through (c)(4) and (e), which we propose to require
development by August 1, 2011, and implementation by August 1, 2012.
Regulatory Analyses and Notices
Privacy Act Statement
Anyone may search the electronic form of comments received in
response to any of our dockets by the name of the individual submitting
the comment (or signing the comment if submitted for an association,
business, labor union, etc.). You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (65 FR
19477).
Executive Order 12866 and DOT Policies and Procedures
PHMSA considers this proposed rule a non-significant regulatory
action under Section 3(f) of Executive Order 12866 (58 FR 51735;
October 4, 1993). The proposed rule is also non-significant under DOT
regulatory policies and procedures (44 FR 11034; February 26 1979).
The final rule's regulatory analysis did not consider specific
costs for the program implementation deadlines because the costs
associated with the rule were determined to be the first year program
implementation costs, and were not dependent on the implementation
deadline. PHMSA believes that the 18 months provided for program
development is sufficient for pipeline operators to both develop and
implement certain provisions of the rule. Where PHMSA believes there is
a need for additional program implementation time, we propose to
moderately shorten that time by only six months. Therefore, PHMSA does
not believe there is additional cost for this proposed rule beyond what
has already been evaluated in the original control room management
final rule. The final rule's regulatory analysis estimated first year
average cost to be $14.4 million for hazardous liquid pipeline
operators and $28.6 million for gas pipeline operators. The final rule
estimated the quantifiable present value of the costs and benefits to
be about $6 million over a ten year period using a discount rate of
seven percent after all of the requirements are implemented. The final
rule also found the regulatory costs not to exceed an annual effect of
more than $100 million on the national economy, which is not an
economically significant regulatory action within the meaning of
Executive Order 12866.
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. While PHMSA
does not collect information on the number of employees or revenues of
pipeline operators, we do continuously seek information on the number
of small pipeline operators to more fully determine any impacts our
proposed regulations may have on small entities. The final rule
requires most small firms only to comply with certain requirements
mandated by law, namely fatigue mitigation (including training), and
recordkeeping for compliance purposes. Therefore, based on our findings
in the final rule, we do not believe this proposed rule would have a
significant economic impact on small entities.
Executive Order 13175
PHMSA has analyzed this rulemaking according to Executive Order
13175, ``Consultation and Coordination with Indian Tribal
Governments.'' Because the proposed rule would 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
The proposed rule does not require any additional paperwork burden
on hazardous liquid and gas pipeline operators under the Paperwork
Reduction Act of 1995.
Unfunded Mandates Reform Act of 1995
This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$141.3 million or more to either state, local, or tribal governments,
in the aggregate, or to the private sector.
National Environmental Policy Act
PHMSA has examined the proposed rule for purposes of the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) and believes that
expediting the program implementation deadlines may provide beneficial
impacts on the quality of the environment. If pipeline operators comply
with the technical elements of the proposed rule within a shorter time,
environmental benefits would be realized sooner and may reduce the
number and severity of pipeline releases. PHMSA has concluded this
proposed rule would not add any significant negative or beneficial
impacts to the quality of the human environment under the National
Environmental Policy Act.
Executive Order 13132
PHMSA has analyzed the proposed rule according to Executive Order
13132 (``Federalism''). The proposal 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. The proposed rule does not impose
substantial direct compliance costs on state and local governments.
This proposed rule 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 and hazardous liquids impacts the nation's
available energy supply. However, this proposed
[[Page 56975]]
rule is not a ``significant energy action'' under Executive Order 13211
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
proposal as a significant energy action.
List of Subjects
49 CFR Part 192
Incorporation by reference, Gas, Natural gas, Pipeline safety,
Reporting and recordkeeping requirements.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Incorporation by reference,
Petroleum, Pipeline safety, Reporting and recordkeeping requirements.
For the reasons provided in the preamble, PHMSA proposes to amend
49 CFR parts 192 and 195 as follows:
PART 192--TRANSPORTATION OF NATURAL GAS AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
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, 60118, and 60137; and 49 CFR 1.53.
2. Amend Sec. 192.631 by revising the last sentence in paragraph
(a)(2) to read as follows:
Sec. 192.631 Control room management.
(a) * * *
(2) * * * An operator must develop and implement the procedures no
later than August 1, 2011, except the procedures required by paragraphs
(c)(1) through (c)(4) and (e) of this section must be developed no
later than August 1, 2011, and implemented no later than August 1,
2012.
* * * * *
PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
3. The authority citation for part 195 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60116,
60118, and 60137; and 49 CFR 1.53.
4. Amend Sec. 195.446 by revising the last sentence in paragraph
(a) to read as follows:
Sec. 195.446 Control room management.
(a) * * * An operator must develop and implement the procedures no
later than August 1, 2011, except the procedures required by paragraphs
(c)(1) through (c)(4) and (e) of this section must be developed no
later than August 1, 2011, and implemented no later than August 1,
2012.
* * * * *
Issued in Washington, DC on September 10, 2010.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2010-23227 Filed 9-16-10; 8:45 am]
BILLING CODE 4910-60-P
