Pipeline Safety: Information Collection Activities: Voluntary Adoption of API RP 1173 for Gas Distribution Systems, 54590-54592 [2022-19094]
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Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices
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including UPS, to prepare their
respective training programs and
comply with the rule’s new
implementation date.
CVTA reaffirmed its original
opposition to UPS’ exemption request.
CVTA referenced its ‘‘Pre-CDL
Instructor Certification Program’’
designed to train the trainer, and while
it agreed that the skills needed to
effectively teach versus the skills of
being a driver acquired by holding a
CDL for 2 years are different, CVTA
believes the uniform application of the
ELDT regulation for all training
providers should be established and
followed by anyone training pre-CDL
students. It is CVTA’s belief that
reconsideration, if granted, would set a
bad precedent.
Two other individuals opposed
reconsideration. Other reasons
presented by commenters included the
assertion that the lowering of the
requirements specified for driver
training instructors would open the
door for similar requests or even require
a change to the ELDT rule.
Most comments supporting
reconsideration were from individuals
including UPS drivers and current or
former UPS driver trainers. Most of
these commenters cited the excellence
of the UPS driver training program and
the overall company safety record. They
argued that the UPS training program is
one of the most comprehensive in the
industry, that its driver trainers are put
through an intense training program and
are required to follow strict methods
and procedures.
VII. FMCSA Safety Analysis and
Decision
FMCSA has evaluated UPS’ request
for reconsideration and the public
comments and has decided to deny the
request. The UPS reconsideration
request indicated that the company had
encountered challenges filling new
trainer positions in compliance with the
provisions of the ELDT final rule. UPS
stated that its internal Driver Trainer
School has produced what the company
believes to be the best trainers in the
industry and that its training provides a
consistently high standard through a
comprehensive, consistent training
format throughout the organization,
both for initial training and recurrent
annual training.
When the Agency established the
rules mandating ELDT, it relied upon
research indicating that the rules
improve CMV safety. The Moving
Ahead for Progress Act of the 21st
Century mandated that the FMCSA
issue regulations to establish minimum
entry-level training requirements for
VerDate Sep<11>2014
20:04 Sep 02, 2022
Jkt 256001
interstate and intrastate applicants
obtaining a CDL for the first time, CDL
holders seeking license upgrades, and
those seeking various CDL
endorsements. In response to that
statutory mandate, the Agency
published a final rule on ‘‘Minimum
Training Requirements for Entry-Level
Commercial Motor Vehicle Operators,’’
on December 8, 2016 [81 FR 88732]. The
‘‘framework’’ for this rule was based on
the ELDTAC’s consensus
recommendations ‘‘to the maximum
extent possible consistent with its legal
obligations’’ as required under the
Negotiated Rulemaking Act (5 U.S.C.
563(a)(7)). These final regulations
outlined new eligibility standards that
training providers must meet to deliver
ELDT, including the qualification and
experience requirements for BTW and
Theory or Classroom instructors. As
OOIDA and CVTA indicated in their
opposing comments, the UPS
application does not provide an analysis
of the safety impacts that
reconsideration of the denial may cause.
It also does not provide
countermeasures to be undertaken to
ensure that the request would likely
achieve a level of safety equivalent to,
or greater than, the level that would be
achieved by the ELDT regulations.
The Agency cannot ensure that the
exemption would achieve the requisite
level of safety. The ELDT rule,
mandated by Congress, is based on the
‘‘framework’’ of the ELDTAC’s
consensus recommendations, including
the instructor requirements. The UPS
request for reconsideration must be
judged based on the exemption
standards in 49 CFR part 381. As
indicated above, UPS’ application fails
to meet those standards. The request for
reconsideration of the original
application for exemption is therefore
denied.
Robin Hutcheson,
Deputy Administrator.
[FR Doc. 2022–19133 Filed 9–2–22; 8:45 am]
BILLING CODE 4910–EX–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No: PHMSA–2022–0060]
Pipeline Safety: Information Collection
Activities: Voluntary Adoption of API
RP 1173 for Gas Distribution Systems
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
AGENCY:
PO 00000
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Notice and request for
comments.
ACTION:
In accordance with the
Paperwork Reduction Act of 1995,
PHMSA invites public comments on its
intent to request Office of Management
and Budget (OMB) approval of a new,
one-time information collection titled:
‘‘Voluntary Adoption of API RP 1173 for
Gas Distribution Systems.’’ The
proposed information collection would
provide data necessary to prepare the
report required by Section 205 of the
Protecting Our Infrastructure of
Pipelines and Enhancing Safety (PIPES)
Act of 2020 for gas distribution systems.
DATES: Interested persons are invited to
submit comments on or before
November 7, 2022.
ADDRESSES: Comments may be
submitted in the following ways:
E-Gov Website: https://
www.regulations.gov. This site allows
the public to enter comments on any
Federal Register notice issued by any
agency.
Fax: 1–202–493–2251.
Mail: Docket Management Facility;
U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE,
West Building, Room W12–140,
Washington, DC 20590–0001.
Hand Delivery: Room W12–140 on the
ground level of DOT, West Building,
1200 New Jersey Avenue SE,
Washington, DC, between 9:00 a.m. and
5:00 p.m., ET, Monday through Friday,
except federal holidays.
Instructions: Identify the docket
number, PHMSA–2022–0060 at the
beginning of your comments. Note that
all comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided. You
should know that anyone is able to
search the electronic form of all
comments received into any of our
dockets by the name of the individual
submitting the comment (or signing the
comment, if submitted on behalf of an
association, business, labor union, etc.).
Therefore, you may want to review
DOT’s complete Privacy Act Statement
in the Federal Register published on
April 11, 2000, (65 FR 19477) or visit
https://www.regulations.gov before
submitting any such comments.
Docket: For access to the docket or to
read background documents or
comments, go to https://
www.regulations.gov at any time or to
Room W12–140 on the ground level of
DOT, West Building, 1200 New Jersey
Avenue SE, Washington, DC, between
9:00 a.m. and 5:00 p.m., ET, Monday
through Friday, except federal holidays.
If you wish to receive confirmation of
SUMMARY:
E:\FR\FM\06SEN1.SGM
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jspears on DSK121TN23PROD with NOTICES
Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices
receipt of your written comments,
please include a self-addressed,
stamped postcard with the following
statement: ‘‘Comments on: PHMSA–
2022–0060.’’ The Docket Clerk will date
stamp the postcard prior to returning it
to you via the U.S. mail. Please note that
due to delays in the delivery of U.S.
mail to federal offices in Washington,
DC, we recommend that persons
consider an alternative method
(internet, fax, or professional delivery
service) of submitting comments to the
docket and ensuring their timely receipt
at DOT.
Privacy Act Statement: DOT may
solicit comments from the public
regarding certain general notices. DOT
posts these comments, without edit,
including any personal information the
commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Confidential Business Information:
Confidential Business Information (CBI)
is commercial or financial information
that is both customarily and actually
treated as private by its owner. Under
the Freedom of Information Act (FOIA)
(5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments
responsive to this notice contain
commercial or financial information
that is customarily treated as private,
that you actually treat as private, and
that is relevant or responsive to this
notice, it is important that you clearly
designate the submitted comments as
CBI. Pursuant to 49 CFR 190.343, you
may ask PHMSA to give confidential
treatment to information you give to the
Agency by taking the following steps:
(1) mark each page of the original
document submission containing CBI as
‘‘Confidential’’; (2) send PHMSA, along
with the original document, a second
copy of the original document with the
CBI deleted; and (3) explain why the
information you are submitting is CBI.
Submissions containing CBI should be
sent to Angela Hill, DOT, PHMSA, 1200
New Jersey Avenue SE, PHP–30,
Washington, DC 20590–0001. Any
commentary PHMSA receives that is not
specifically designated as CBI will be
placed in the public docket for this
matter.
FOR FURTHER INFORMATION CONTACT:
Angela Hill by telephone at 202–366–
1246 or by email at Angela.Hill@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
In July 2015, the American Petroleum
Institute (API) published Recommended
Practice (RP) 1173, Pipeline Safety
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Management Systems (SMS). The
Pipeline SMS recommended practice
was the culmination of a two-year effort
by pipeline operators, state and federal
regulators, and other stakeholders.
On September 13, 2018, a lowpressure gas distribution system owned
and operated by Columbia Gas of
Massachusetts was over pressured in
Lawrence, Andover, and North
Andover, MA (Merrimack Valley)
resulting in a series of structure fires
and explosions causing 1 fatality, 22
persons injured, 131 structures
destroyed or damaged, and
approximately 11,000 customers
without gas service for months. NTSB
investigated the incident and
determined that the probable cause of
the Merrimack Valley incident was
Columbia Gas of Massachusetts’ weak
engineering management that did not
adequately plan, review, sequence, and
oversee the construction project that led
to the abandonment of a cast iron main
without first relocating regulator sensing
lines to the new polyethylene main.
After the Merrimack Valley incident,
Senator Ed Markey (MA) hosted a
Senate Commerce Committee field
hearing on November 26, 2018, with
Senator Elizabeth Warren (MA), Senator
Maggie Hassan (N.H.), thenCongresswoman Niki Tsongas (MA–03),
Congressman Seth Moulton (MA–06),
and Congresswoman Lori Trahan. In
April 2019, Senators Markey and
Warren and Representative Lori Trahan
(MA–03) introduced the ‘‘Leonel
Rondon Pipeline Safety Act’’. The bill in
the Senate was sponsored by Senators
Markey, Warren, and Richard
Blumenthal (D-Conn.); Congresswoman
Trahan introduced companion
legislation in the House of
Representatives. The bill aimed at
establishing regulations that would
improve gas pipeline operators’ risk
management plans, improve emergency
response coordination with the public
and first responders, institute best
industry practices for holistic safety
management, and mandate use of
accurate and reliable maps and records.
The resulting language through Section
205 of the PIPES Act of 2020 directed
PHMSA to submit, by December 27,
2023, a report to Congress describing:
• the number of operators of natural
gas distribution systems who have
implemented a Pipeline SMS in
accordance with API RP 1173;
• the progress made by operators of
natural gas distribution systems who
have implemented, or are in the process
of implementing a Pipeline SMS; and
• the feasibility of an operator of a
natural gas distribution system
implementing a Pipeline SMS based on
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54591
the size of the operator as measured by
the number of customers the operator
has and the amount of natural gas the
operator transports.
PHMSA needs certain information
from natural gas distribution operators
to prepare the mandated report. While
the PIPES Act mandate pointed
specifically to API RP 1173, there are
other SMS program variations available
to natural gas distribution operators.
Some operators may be using API RP
1173 as written to develop their SMS
framework. Others may be using a
modified version of API RP 1173,
adding elements specific to their
operations, or using a completely
customized SMS program.
PHMSA may also use the information
collected to assess the cost impacts of
proposed changes in the pipeline safety
regulations mandated by the Leonel
Rondon Pipeline Safety Act (2137–
AF53). For example, implementing an
SMS program based on API RP 1173
requires the operator to maintain
procedures for Management of Change
(MOC) to be applied to significant
technology, equipment, procedural, and
organizational changes. Section 204 of
the PIPES Act directs PHMSA to update
regulations to ensure that gas
distribution operators include a detailed
MOC process in their procedural
manual for operations, maintenance,
and emergencies. The regulation update
will have to also address emergency
response plans and record keeping
requirements which are two of elements
of API RP 1173.
PHMSA has created a form for this
information collection. A draft of this
form, along with the associated
instructions, can be found at
www.regulations.gov under docket
number PHMSA–2022–0060. Upon the
collection of this information, PHMSA
will analyze the data and prepare a
report for Congress.
II. Summary of Impacted Collection
Section 1320.8(d), Title 5, Code of
Federal Regulations, requires PHMSA to
provide interested members of the
public and affected entities an
opportunity to comment on information
collection and recordkeeping requests.
This notice identifies a one-time
information collection that PHMSA will
submit to OMB for approval.
The following information is provided
for this information collection: (1) Title
of the information collection; (2) OMB
control number; (3) Current expiration
date; (4) Type of request; (5) Abstract of
the information collection activity; (6)
Description of affected public; (7)
Estimate of total annual reporting and
recordkeeping burden; and (8)
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54592
Federal Register / Vol. 87, No. 171 / Tuesday, September 6, 2022 / Notices
jspears on DSK121TN23PROD with NOTICES
Frequency of collection. PHMSA
requests comments on the following
information:
Title: Voluntary Adoption of API RP
1173 for Gas Distribution Systems.
OMB Control Number: Will request
from OMB.
Current Expiration Date: TBD.
Type of Request: Approval of an
information collection.
Abstract: This information collection
request covers the collection of data
from operators of natural gas
distribution pipeline systems to
ascertain how many gas distribution
operators are voluntarily implementing
API RP 1173, progress being made for
those that have implemented or are
implementing a Pipeline SMS, and
feasibility to implement a Pipeline SMS
based on size of the operator.
Affected Public: Natural gas
distribution pipeline operators.
Annual Burden:
Estimated number of responses:
1,314.
Estimated annual burden hours:
1,314.
Frequency of Collection: Once.
Comments are invited on:
(a) The need for this information
collections 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;
(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; and
(e) Additional information that would
be appropriate to collect to inform the
reduction in risk to people, property,
and the environment due to excavation
damages.
Authority: The Paperwork Reduction
Act of 1995; 44 U.S.C. chapter 35, as
amended, and 49 CFR 1.48.
Issued in Washington, DC, on August 26,
2022, under authority delegated in 49 CFR
1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022–19094 Filed 9–2–22; 8:45 am]
BILLING CODE 4910–60–P
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DEPARTMENT OF TRANSPORTATION
Office of the Secretary
[Docket No. DOT–OST–2021–0041]
Privacy Act of 1974; Systems of
Records
Office of the Departmental
Chief Information Officer, Office of the
Secretary of Transportation, DOT.
ACTION: Notice of a modified system of
records and rescindment of a system of
records notice.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Transportation (DOT) intends to modify
and re-issue a DOT Federal Aviation
Administration (FAA) system of records
notice titled, ‘‘DOT/FAA 830—
Representatives of the Administrator.’’
This system of records notice (hereafter
referred to as ‘‘Notice’’) covers FAA
records collected and maintained in
support of FAA’s management and
oversight of individuals applying to
become or are Representatives of the
Administrator ‘‘designees.’’
Modification of DOT/FAA 830 is
necessary due to changes and
consolidation of the systems and
processes used to manage designee
programs.
DATES: Written comments should be
submitted on or before 30 days from the
date of publication of this notice. The
Department may publish an amended
Notice to address any comments
received. This modified system of
records will be effective 30 days after
publication of this notice and the DOT/
FAA 822 rescinded upon publication of
this notice.
ADDRESSES: You may submit comments,
identified by docket number DOT–OST–
2021–0041 by any of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Ave. SE. West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building Ground Floor, Room W12–140,
1200 New Jersey Ave. SE, between 9
a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: (202) 493–2251.
• Instructions: You must include the
agency name and docket number DOT–
OST–2021–0041.
• All comments received will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
SUMMARY:
PO 00000
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Privacy Act: Anyone is able to search
the electronic form of all comments
received in any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review the DOT’s complete Privacy Act
statement in the Federal Register
published on January 17, 2008 (73 FR
3316–3317), or you may visit https://
DocketsInfo.dot.gov.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov or to the street
address listed above. Follow the online
instructions for accessing the docket.
FOR FURTHER INFORMATION CONTACT: For
questions, please contact Karyn
Gorman, Acting Departmental Chief
Privacy Officer, Privacy Office,
Department of Transportation,
Washington, DC 20590; privacy@
dot.gov; or 202–366–3140.
SUPPLEMENTARY INFORMATION:
Designees
Designees are representatives of the
FAA who are authorized to perform
certification-related tasks on behalf of
the FAA Administrator. In accordance
with section 44702 of title 49, United
States Code, the FAA may delegate to a
qualified private person a matter related
to issuing certificates, or related to the
examination, testing, and inspection
necessary to issue a certificate on behalf
of the FAA Administrator as authorized
by statute.
Rescindment of DOT/FAA 822, Aviation
Medical Examiner System
FAA intends to rescind DOT/FAA
822—Aviation Medical Examiner
System, (65 FR 19522, April 11, 2000)
and incorporate records covered under
that notice within the scope of DOT/
FAA 830. The rescindment and
incorporation is appropriate because the
FAA has integrated the management
and oversight of the Aviation Medical
Examiner (AME) program with that of
other designees. These programs are
managed using the same FAA policy
and information system, and have
common processes. Consolidation of the
Notices ensures consistency in the
Privacy Act management of all designee
records.
Notice Updates
This Notice updates the system
location, system manager, categories of
individuals, categories of records, the
record source categories, the routine
uses of records maintained in the
system, policies and practices for
storage of records, policies and practices
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]]>Agencies
[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54590-54592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19094]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No: PHMSA-2022-0060]
Pipeline Safety: Information Collection Activities: Voluntary
Adoption of API RP 1173 for Gas Distribution Systems
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites public comments on its intent to request Office of Management
and Budget (OMB) approval of a new, one-time information collection
titled: ``Voluntary Adoption of API RP 1173 for Gas Distribution
Systems.'' The proposed information collection would provide data
necessary to prepare the report required by Section 205 of the
Protecting Our Infrastructure of Pipelines and Enhancing Safety (PIPES)
Act of 2020 for gas distribution systems.
DATES: Interested persons are invited to submit comments on or before
November 7, 2022.
ADDRESSES: Comments may be submitted in the following ways:
E-Gov Website: https://www.regulations.gov. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC 20590-0001.
Hand Delivery: Room W12-140 on the ground level of DOT, West
Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m.
and 5:00 p.m., ET, Monday through Friday, except federal holidays.
Instructions: Identify the docket number, PHMSA-2022-0060 at the
beginning of your comments. Note that all comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided. You should know that anyone is able to
search the electronic form of all comments received into any of our
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). Therefore, you may want to review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000, (65 FR 19477) or visit https://www.regulations.gov
before submitting any such comments.
Docket: For access to the docket or to read background documents or
comments, go to https://www.regulations.gov at any time or to Room W12-
140 on the ground level of DOT, West Building, 1200 New Jersey Avenue
SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., ET, Monday through
Friday, except federal holidays. If you wish to receive confirmation of
[[Page 54591]]
receipt of your written comments, please include a self-addressed,
stamped postcard with the following statement: ``Comments on: PHMSA-
2022-0060.'' The Docket Clerk will date stamp the postcard prior to
returning it to you via the U.S. mail. Please note that due to delays
in the delivery of U.S. mail to federal offices in Washington, DC, we
recommend that persons consider an alternative method (internet, fax,
or professional delivery service) of submitting comments to the docket
and ensuring their timely receipt at DOT.
Privacy Act Statement: DOT may solicit comments from the public
regarding certain general notices. DOT posts these comments, without
edit, including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 CFR 190.343, you may ask
PHMSA to give confidential treatment to information you give to the
Agency by taking the following steps: (1) mark each page of the
original document submission containing CBI as ``Confidential''; (2)
send PHMSA, along with the original document, a second copy of the
original document with the CBI deleted; and (3) explain why the
information you are submitting is CBI. Submissions containing CBI
should be sent to Angela Hill, DOT, PHMSA, 1200 New Jersey Avenue SE,
PHP-30, Washington, DC 20590-0001. Any commentary PHMSA receives that
is not specifically designated as CBI will be placed in the public
docket for this matter.
FOR FURTHER INFORMATION CONTACT: Angela Hill by telephone at 202-366-
1246 or by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
In July 2015, the American Petroleum Institute (API) published
Recommended Practice (RP) 1173, Pipeline Safety Management Systems
(SMS). The Pipeline SMS recommended practice was the culmination of a
two-year effort by pipeline operators, state and federal regulators,
and other stakeholders.
On September 13, 2018, a low-pressure gas distribution system owned
and operated by Columbia Gas of Massachusetts was over pressured in
Lawrence, Andover, and North Andover, MA (Merrimack Valley) resulting
in a series of structure fires and explosions causing 1 fatality, 22
persons injured, 131 structures destroyed or damaged, and approximately
11,000 customers without gas service for months. NTSB investigated the
incident and determined that the probable cause of the Merrimack Valley
incident was Columbia Gas of Massachusetts' weak engineering management
that did not adequately plan, review, sequence, and oversee the
construction project that led to the abandonment of a cast iron main
without first relocating regulator sensing lines to the new
polyethylene main.
After the Merrimack Valley incident, Senator Ed Markey (MA) hosted
a Senate Commerce Committee field hearing on November 26, 2018, with
Senator Elizabeth Warren (MA), Senator Maggie Hassan (N.H.), then-
Congresswoman Niki Tsongas (MA-03), Congressman Seth Moulton (MA-06),
and Congresswoman Lori Trahan. In April 2019, Senators Markey and
Warren and Representative Lori Trahan (MA-03) introduced the ``Leonel
Rondon Pipeline Safety Act''. The bill in the Senate was sponsored by
Senators Markey, Warren, and Richard Blumenthal (D-Conn.);
Congresswoman Trahan introduced companion legislation in the House of
Representatives. The bill aimed at establishing regulations that would
improve gas pipeline operators' risk management plans, improve
emergency response coordination with the public and first responders,
institute best industry practices for holistic safety management, and
mandate use of accurate and reliable maps and records. The resulting
language through Section 205 of the PIPES Act of 2020 directed PHMSA to
submit, by December 27, 2023, a report to Congress describing:
the number of operators of natural gas distribution
systems who have implemented a Pipeline SMS in accordance with API RP
1173;
the progress made by operators of natural gas distribution
systems who have implemented, or are in the process of implementing a
Pipeline SMS; and
the feasibility of an operator of a natural gas
distribution system implementing a Pipeline SMS based on the size of
the operator as measured by the number of customers the operator has
and the amount of natural gas the operator transports.
PHMSA needs certain information from natural gas distribution
operators to prepare the mandated report. While the PIPES Act mandate
pointed specifically to API RP 1173, there are other SMS program
variations available to natural gas distribution operators. Some
operators may be using API RP 1173 as written to develop their SMS
framework. Others may be using a modified version of API RP 1173,
adding elements specific to their operations, or using a completely
customized SMS program.
PHMSA may also use the information collected to assess the cost
impacts of proposed changes in the pipeline safety regulations mandated
by the Leonel Rondon Pipeline Safety Act (2137-AF53). For example,
implementing an SMS program based on API RP 1173 requires the operator
to maintain procedures for Management of Change (MOC) to be applied to
significant technology, equipment, procedural, and organizational
changes. Section 204 of the PIPES Act directs PHMSA to update
regulations to ensure that gas distribution operators include a
detailed MOC process in their procedural manual for operations,
maintenance, and emergencies. The regulation update will have to also
address emergency response plans and record keeping requirements which
are two of elements of API RP 1173.
PHMSA has created a form for this information collection. A draft
of this form, along with the associated instructions, can be found at
www.regulations.gov under docket number PHMSA-2022-0060. Upon the
collection of this information, PHMSA will analyze the data and prepare
a report for Congress.
II. Summary of Impacted Collection
Section 1320.8(d), Title 5, Code of Federal Regulations, requires
PHMSA to provide interested members of the public and affected entities
an opportunity to comment on information collection and recordkeeping
requests. This notice identifies a one-time information collection that
PHMSA will submit to OMB for approval.
The following information is provided for this information
collection: (1) Title of the information collection; (2) OMB control
number; (3) Current expiration date; (4) Type of request; (5) Abstract
of the information collection activity; (6) Description of affected
public; (7) Estimate of total annual reporting and recordkeeping
burden; and (8)
[[Page 54592]]
Frequency of collection. PHMSA requests comments on the following
information:
Title: Voluntary Adoption of API RP 1173 for Gas Distribution
Systems.
OMB Control Number: Will request from OMB.
Current Expiration Date: TBD.
Type of Request: Approval of an information collection.
Abstract: This information collection request covers the collection
of data from operators of natural gas distribution pipeline systems to
ascertain how many gas distribution operators are voluntarily
implementing API RP 1173, progress being made for those that have
implemented or are implementing a Pipeline SMS, and feasibility to
implement a Pipeline SMS based on size of the operator.
Affected Public: Natural gas distribution pipeline operators.
Annual Burden:
Estimated number of responses: 1,314.
Estimated annual burden hours: 1,314.
Frequency of Collection: Once.
Comments are invited on:
(a) The need for this information collections 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;
(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;
and
(e) Additional information that would be appropriate to collect to
inform the reduction in risk to people, property, and the environment
due to excavation damages.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended, and 49 CFR 1.48.
Issued in Washington, DC, on August 26, 2022, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-19094 Filed 9-2-22; 8:45 am]
BILLING CODE 4910-60-P
