Pipeline Safety: Information Collection Activities, 55775-55776 [2013-22049]

Download as PDF Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit https://www.regulations.gov. Authority: 49 CFR § 1.93. By Order of the Maritime Administrator. Dated: September 4, 2013. Christine Gurland, Acting Secretary, Maritime Administration. [FR Doc. 2013–22039 Filed 9–10–13; 8:45 am] BILLING CODE 4910–81–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No PHMSA–2013–0061] Pipeline Safety: Information Collection Activities Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice and request for comments. AGENCY: In compliance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), this notice announces that the Information Collection Request abstracted below is being forwarded to the Office of Management and Budget (OMB) for review and comments. A Federal Register notice with a 60-day comment period soliciting comments on the following information collection was published on April 23, 2013, (78 FR 23972). PHMSA received one comment in response to that notice. PHMSA is publishing this notice to respond to the comment, provide the public with an additional 30 days to comment on the proposed revisions to the forms and the instructions, and announce that the revised information collection will be submitted to OMB for approval. DATES: Comments must be submitted on or before October 11, 2013. FOR FURTHER INFORMATION CONTACT: Blaine Keener by telephone at 202–366– 0970, by fax at 202–366–4566, or by email at blaine.keener@dot.gov. ADDRESSES: You may submit comments identified by the docket number PHMSA–2013–0061 by any of the following methods: • Fax: 1–202–395–5806. • Mail: Office of Information and Regulatory Affairs (OIRA), Records Management Center, Room 10102 NEOB, 725 17th Street NW., emcdonald on DSK67QTVN1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:50 Sep 10, 2013 Jkt 229001 Washington, DC 20503, ATTN: Desk Officer for the U.S. Department of Transportation/PHMSA. • Email: OIRA, OMB, at the following email address: OIRA_Submission@ omb.eop.gov. Requests for a copy of the Information Collection should be directed to Angela Dow by telephone at 202–366–1246, by fax at 202–366–4566, by email at Angela.Dow@dot.gov, or by mail at U.S. Department of Transportation, PHMSA, 1200 New Jersey Avenue SE., PHP–30, Washington, DC 20590–0001. SUPPLEMENTARY INFORMATION: Section 1320.8(d), Title 5, Code of Federal Regulations, requires PHMSA to provide interested members of the public and affected agencies an opportunity to comment on information collection and recordkeeping requests. This notice identifies a revised information collection request that PHMSA will be submitting to OMB for approval. The information collected from hazardous liquid operators is an important tool for identifying safety trends in the hazardous liquid pipeline industry. In a Federal Register Notice on April 23, 2013, with a 60-day comment period, PHMSA published its proposed changes to the hazardous liquid operators’ accident report and its proposal to include the incorporation by reference of American Petroleum Institute (API) API 1130 (the industry standard on leak detection) which provides information collection and maintenance guidance on many factors such as measurement capabilities, communications reliability, pipeline operating condition, and product type. During this response period, PHMSA received one joint comment from API and the Association of Oil Pipelines (AOPL). This 30-day notice responds to the comments, which may be found at https://www.regulations.gov, at docket number PHMSA–2013–0061. The following is a summary of the joint comments to PHMSA regarding the proposed changes to Form PHMSA F 7000–1 ACCIDENT REPORT— HAZARDOUS LIQUID PIPELINE SYSTEMS. A. Instructions for Volume Spilled (Part A9) and Volume Recovered (Part A11) Comment: API/AOPL opposes PHMSA’s proposal to include all product exiting the pipeline system in both the Volume Spilled and Volume Recovered categories. API/AOPL requests that volume exiting a system during a controlled event not be reported. PO 00000 Frm 00100 Fmt 4703 Sfmt 4703 55775 PHMSA Response: PHMSA does not consider any product exiting the system at the failure location to be done in a controlled manner. We are proposing to revise the instructions to exempt product removed from the system at locations remote from the failure site from both the Volume Spilled and Volume Recovered categories. However, we continue to propose that all product exiting the system at the failure site, regardless of the degree of control attainable by the operator, be reported in both Volume Spilled and Volume Recovered. Limiting the Volume Spilled to product exiting the system at the failure site provides the most accurate characterization of the consequences of the accident. The difference between Volume Spilled and Volume Recovered provides the most accurate characterization of the environmental consequences of the accident. This change does not penalize operators for withdrawing product in a controlled manner at locations remote from the failure site and provides incentive to move product away from the failure site whenever possible. Comment: API/AOPL recommends ‘‘facility’’ be replaced with ‘‘system’’ in the instructions for Volume Spilled and Volume Recovered. PHMSA Response: PHMSA has implemented this recommendation. B. Instructions for Time Sequence (Part A18) Comment: API/AOPL opposes the proposed change to the instructions regarding the use of the phrase ‘‘when the operator became aware of the accident’’ to describe the earliest date and time an operator identifies a pipeline failure. API/AOPL states that ‘‘awareness of the accident’’ is open to wide interpretation and suggests that ‘‘awareness’’ be replaced with ‘‘discovery’’, which is used in other PHMSA regulations. API/AOPL notes that PHMSA’s regulations for safetyrelated conditions characterize ‘‘discovery’’ as ‘‘when an operator’s representative has adequate information from which to conclude the probable existence.’’ PHMSA Response: We do not agree that the proposal to use ‘‘adequate’’ and ‘‘probable’’ in the definition of ‘‘discovery’’ provides additional clarity. Part A18 of the form simply requires the operator to report the earliest date/time the operator identified the failure and the date/time the operator arrived on site. If PHMSA were to implement API/ AOPL’s recommendation, these date/ times would be identical and PHMSA would gain no knowledge of operator response time. E:\FR\FM\11SEN1.SGM 11SEN1 55776 Federal Register / Vol. 78, No. 176 / Wednesday, September 11, 2013 / Notices C. Instructions for National Response Center Report Number Comment: API/AOPL requests that PHMSA delay the proposal to collect multiple National Response Center (NRC) report numbers until the NRC implements requirements from the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (‘‘Act’’). PHMSA Response: PHMSA does not agree that it is necessary to wait for actions the NRC may take in response to the ‘‘Act.’’ Comment: API/AOPL suggests a new option is needed when a NRC Report was not submitted and proposes that ‘‘NRC notification not required at time of release’’ be added as an option. PHMSA Response: PHMSA has already proposed ‘‘NRC Notification Not Required’’ as an option. emcdonald on DSK67QTVN1PROD with NOTICES D. Revise instructions for Accident Preparer and Authorizer Comment: API/AOPL recommends changes to both the instructions and form to make clear that the information will be available to the public. PHMSA Response: All data submitted by operators to PHMSA could potentially be made publicly available. We have not adopted this recommendation. The following information is provided for each information collection: (1) Abstract for the affected accident report form; (2) title of the information collection; (3) OMB control number; (4) affected accident report form; (5) description of affected public; (6) estimate of total accident reporting and recordkeeping burden; and (7) frequency of collection. PHMSA will request a three-year term of approval for each information collection activity and, when approved by OMB, publish notice of the approval in the Federal Register. PHMSA requests comments on the following information collection: Title: Transportation of Hazardous Liquids by Pipeline: Recordkeeping and Accident Reporting. OMB Control Number: 2137–0047. Current Expiration Date: 1/31/2014. Type of Request: Revision. Abstract: This information collection covers recordkeeping and accident reporting by hazardous liquid pipeline operators who are subject to 49 CFR Part 195 as well as the incorporation by reference of the industry standard on leak detection. PHMSA is proposing to revise the Hazardous Liquid Accident Report to collect more data on small spills and to revise the instructions for completing the form. Section 195.50 specifies the definition of an ‘‘accident’’ and the reporting criteria for submitting VerDate Mar<15>2010 16:50 Sep 10, 2013 Jkt 229001 a Hazardous Liquid Accident Report (Form PHMSA F7000–1) is detailed in § 195.54. Section 195.444 requires operators of single-phase hazardous liquid pipeline facilities that use Computational Pipeline Monitoring (CPM) leak detection systems to comply with the standards set out in American Petroleum Institute (API) publication API 1130. API 1130 provides information collection and maintenance guidance on many factors such as measurement capabilities, communications reliability, pipeline operating condition, and product type. Compliance with API 1130, including its recordkeeping requirements, supports pipeline safety by ensuring the proper functioning of CPM leak detection systems. Affected Public: Hazardous liquid pipeline operators. Accident Reporting and Recordkeeping Burden: Annual Responses: 897. Annual Burden Hours: 52,429. Frequency of collection: On Occasion. Comments are invited on: (a) The need for the proposed collection of information for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) The accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on those who are to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques. Hainesport Industrial Railroad, LLC— Corporate Family Transaction Exemption CFR 1180.2(d)(3) for a corporate family transaction pursuant to which Hainesport will transfer ownership and operation of a line of railroad in Hainesport, N.J., to a corporate affiliate. According to Hainesport, it currently owns and operates a series of tracks serving several customers located in the Hainesport Industrial Park in Hainesport, N.J., where it connects with a line owned and served by Consolidated Rail Corporation (Conrail).1 Hainesport states that several sidings point in an easterly direction (East Line) and one or more sidings point in a southerly direction (South Line). Hainesport proposes to establish a new corporate affiliate, Hainesport Secondary Railroad, LLC (Hainesport Secondary), to own and operate the East Line. Hainesport will continue to own and operate the South Line. Hainesport states that it will enter into a haulage agreement with Hainesport Secondary that provides for Hainesport Secondary to move traffic between the South Line and the Conrail interchange on behalf of Hainesport. Unless stayed, the exemption will be effective on September 25, 2013 (30 days after the verified notice was filed). Applicant states that the parties intend to consummate the proposed transaction on or about September 26, 2013. According to Hainesport, the purpose of this transaction is to allow Hainesport to separate the lines of railroad according to the types of traffic each handles. In addition, Hainesport states that the transaction will facilitate the sale of the South Line should Hainesport’s owners choose to sell that line in the future. The line transfer is a transaction within a corporate family exempted from prior review and approval under 49 CFR 1180.2(d)(3). Applicant states that the transaction will not result in adverse changes in service levels, significant operational changes, or changes in the competitive balance with carriers outside the corporate family. Under 49 U.S.C. 10502(g), the Board may not use its exemption authority to relieve a rail carrier of its statutory obligation to protect the interests of its employees. Section 11326(c), however, does not provide for labor protection for transactions under 11324 and 11325 that involve only Class III rail carriers. Accordingly, the Board may not impose labor protective conditions here, because all of the carriers involved are Class III rail carriers. Hainesport Industrial Railroad, LLC (Hainesport), a Class III railroad, filed a verified notice of exemption under 49 1 See Hainesport Indus. R.R.—Acquis. & Operation Exemption—Hainesport Indus. Park R.R., FD 34695 (STB served May 18, 2005). Issued in Washington, DC, on September 5, 2013. Jeffrey D. Wiese, Associate Administrator for Pipeline Safety. [FR Doc. 2013–22049 Filed 9–10–13; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF TRANSPORTATION Surface Transportation Board [Docket No. FD 35760] PO 00000 Frm 00101 Fmt 4703 Sfmt 4703 E:\FR\FM\11SEN1.SGM 11SEN1

Agencies

[Federal Register Volume 78, Number 176 (Wednesday, September 11, 2013)]
[Notices]
[Pages 55775-55776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-22049]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No PHMSA-2013-0061]


Pipeline Safety: Information Collection Activities

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
DOT.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the Information 
Collection Request abstracted below is being forwarded to the Office of 
Management and Budget (OMB) for review and comments. A Federal Register 
notice with a 60-day comment period soliciting comments on the 
following information collection was published on April 23, 2013, (78 
FR 23972).
    PHMSA received one comment in response to that notice. PHMSA is 
publishing this notice to respond to the comment, provide the public 
with an additional 30 days to comment on the proposed revisions to the 
forms and the instructions, and announce that the revised information 
collection will be submitted to OMB for approval.

DATES: Comments must be submitted on or before October 11, 2013.

FOR FURTHER INFORMATION CONTACT: Blaine Keener by telephone at 202-366-
0970, by fax at 202-366-4566, or by email at blaine.keener@dot.gov.

ADDRESSES: You may submit comments identified by the docket number 
PHMSA-2013-0061 by any of the following methods:
     Fax: 1-202-395-5806.
     Mail: Office of Information and Regulatory Affairs (OIRA), 
Records Management Center, Room 10102 NEOB, 725 17th Street NW., 
Washington, DC 20503, ATTN: Desk Officer for the U.S. Department of 
Transportation/PHMSA.
     Email: OIRA, OMB, at the following email address: OIRA_Submission@omb.eop.gov.
    Requests for a copy of the Information Collection should be 
directed to Angela Dow by telephone at 202-366-1246, by fax at 202-366-
4566, by email at Angela.Dow@dot.gov, or by mail at U.S. Department of 
Transportation, PHMSA, 1200 New Jersey Avenue SE., PHP-30, Washington, 
DC 20590-0001.

SUPPLEMENTARY INFORMATION: 
    Section 1320.8(d), Title 5, Code of Federal Regulations, requires 
PHMSA to provide interested members of the public and affected agencies 
an opportunity to comment on information collection and recordkeeping 
requests. This notice identifies a revised information collection 
request that PHMSA will be submitting to OMB for approval. The 
information collected from hazardous liquid operators is an important 
tool for identifying safety trends in the hazardous liquid pipeline 
industry.
    In a Federal Register Notice on April 23, 2013, with a 60-day 
comment period, PHMSA published its proposed changes to the hazardous 
liquid operators' accident report and its proposal to include the 
incorporation by reference of American Petroleum Institute (API) API 
1130 (the industry standard on leak detection) which provides 
information collection and maintenance guidance on many factors such as 
measurement capabilities, communications reliability, pipeline 
operating condition, and product type. During this response period, 
PHMSA received one joint comment from API and the Association of Oil 
Pipelines (AOPL).
    This 30-day notice responds to the comments, which may be found at 
https://www.regulations.gov, at docket number PHMSA-2013-0061.
    The following is a summary of the joint comments to PHMSA regarding 
the proposed changes to Form PHMSA F 7000-1 ACCIDENT REPORT--HAZARDOUS 
LIQUID PIPELINE SYSTEMS.

A. Instructions for Volume Spilled (Part A9) and Volume Recovered (Part 
A11)

    Comment: API/AOPL opposes PHMSA's proposal to include all product 
exiting the pipeline system in both the Volume Spilled and Volume 
Recovered categories. API/AOPL requests that volume exiting a system 
during a controlled event not be reported.
    PHMSA Response: PHMSA does not consider any product exiting the 
system at the failure location to be done in a controlled manner. We 
are proposing to revise the instructions to exempt product removed from 
the system at locations remote from the failure site from both the 
Volume Spilled and Volume Recovered categories. However, we continue to 
propose that all product exiting the system at the failure site, 
regardless of the degree of control attainable by the operator, be 
reported in both Volume Spilled and Volume Recovered. Limiting the 
Volume Spilled to product exiting the system at the failure site 
provides the most accurate characterization of the consequences of the 
accident. The difference between Volume Spilled and Volume Recovered 
provides the most accurate characterization of the environmental 
consequences of the accident. This change does not penalize operators 
for withdrawing product in a controlled manner at locations remote from 
the failure site and provides incentive to move product away from the 
failure site whenever possible.
    Comment: API/AOPL recommends ``facility'' be replaced with 
``system'' in the instructions for Volume Spilled and Volume Recovered.
    PHMSA Response: PHMSA has implemented this recommendation.

B. Instructions for Time Sequence (Part A18)

    Comment: API/AOPL opposes the proposed change to the instructions 
regarding the use of the phrase ``when the operator became aware of the 
accident'' to describe the earliest date and time an operator 
identifies a pipeline failure. API/AOPL states that ``awareness of the 
accident'' is open to wide interpretation and suggests that 
``awareness'' be replaced with ``discovery'', which is used in other 
PHMSA regulations. API/AOPL notes that PHMSA's regulations for safety-
related conditions characterize ``discovery'' as ``when an operator's 
representative has adequate information from which to conclude the 
probable existence.''
    PHMSA Response: We do not agree that the proposal to use 
``adequate'' and ``probable'' in the definition of ``discovery'' 
provides additional clarity. Part A18 of the form simply requires the 
operator to report the earliest date/time the operator identified the 
failure and the date/time the operator arrived on site. If PHMSA were 
to implement API/AOPL's recommendation, these date/times would be 
identical and PHMSA would gain no knowledge of operator response time.

[[Page 55776]]

C. Instructions for National Response Center Report Number

    Comment: API/AOPL requests that PHMSA delay the proposal to collect 
multiple National Response Center (NRC) report numbers until the NRC 
implements requirements from the Pipeline Safety, Regulatory Certainty, 
and Job Creation Act of 2011 (``Act'').
    PHMSA Response: PHMSA does not agree that it is necessary to wait 
for actions the NRC may take in response to the ``Act.''
    Comment: API/AOPL suggests a new option is needed when a NRC Report 
was not submitted and proposes that ``NRC notification not required at 
time of release'' be added as an option.
    PHMSA Response: PHMSA has already proposed ``NRC Notification Not 
Required'' as an option.

D. Revise instructions for Accident Preparer and Authorizer

    Comment: API/AOPL recommends changes to both the instructions and 
form to make clear that the information will be available to the 
public.
    PHMSA Response: All data submitted by operators to PHMSA could 
potentially be made publicly available. We have not adopted this 
recommendation.
    The following information is provided for each information 
collection: (1) Abstract for the affected accident report form; (2) 
title of the information collection; (3) OMB control number; (4) 
affected accident report form; (5) description of affected public; (6) 
estimate of total accident reporting and recordkeeping burden; and (7) 
frequency of collection. PHMSA will request a three-year term of 
approval for each information collection activity and, when approved by 
OMB, publish notice of the approval in the Federal Register.
    PHMSA requests comments on the following information collection:
    Title: Transportation of Hazardous Liquids by Pipeline: 
Recordkeeping and Accident Reporting.
    OMB Control Number: 2137-0047.
    Current Expiration Date: 1/31/2014.
    Type of Request: Revision.
    Abstract: This information collection covers recordkeeping and 
accident reporting by hazardous liquid pipeline operators who are 
subject to 49 CFR Part 195 as well as the incorporation by reference of 
the industry standard on leak detection. PHMSA is proposing to revise 
the Hazardous Liquid Accident Report to collect more data on small 
spills and to revise the instructions for completing the form. Section 
195.50 specifies the definition of an ``accident'' and the reporting 
criteria for submitting a Hazardous Liquid Accident Report (Form PHMSA 
F7000-1) is detailed in Sec.  195.54.
    Section 195.444 requires operators of single-phase hazardous liquid 
pipeline facilities that use Computational Pipeline Monitoring (CPM) 
leak detection systems to comply with the standards set out in American 
Petroleum Institute (API) publication API 1130. API 1130 provides 
information collection and maintenance guidance on many factors such as 
measurement capabilities, communications reliability, pipeline 
operating condition, and product type. Compliance with API 1130, 
including its recordkeeping requirements, supports pipeline safety by 
ensuring the proper functioning of CPM leak detection systems.
    Affected Public: Hazardous liquid pipeline operators.
    Accident Reporting and Recordkeeping Burden:
    Annual Responses: 897.
    Annual Burden Hours: 52,429.
    Frequency of collection: On Occasion.
    Comments are invited on:
    (a) The need for the proposed collection of information for the 
proper performance of the functions of the agency, including whether 
the information will have practical utility;
    (b) The accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (d) Ways to minimize the burden of the collection of information on 
those who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques.

    Issued in Washington, DC, on September 5, 2013.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2013-22049 Filed 9-10-13; 8:45 am]
BILLING CODE 4910-60-P