Pipeline Safety: Safety of Gas Transmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments: Technical Corrections; Response to Petitions for Reconsideration, 24708-24712 [2023-08548]
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Federal Register / Vol. 88, No. 78 / Monday, April 24, 2023 / Rules and Regulations
Dated: April 18, 2023.
Daniel Rosenblatt,
Acting Director, Registration Division, Office
of Pesticide Programs.
the polymer ‘‘a-D-Glucopyranoside, bD-fructofuranosyl, polymer with
methyloxirane and oxirane with a
minimum number average molecular
weight (in amu) of 9,800’’ to the table
to read as follows:
PART 180—TOLERANCES AND
EXEMPTIONS FOR PESTICIDE
CHEMICAL RESIDUES IN FOOD
1. The authority citation for part 180
continues to read as follows:
■
Therefore, for the reasons stated in the
preamble, EPA is amending 40 CFR
chapter I as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.960, amend table 1 to the
section by adding, in alphabetical order,
■
§ 180.960 Polymers; exemptions from the
requirement of a tolerance.
*
*
*
*
*
TABLE 1 TO § 180.960
Polymer
CAS no.
*
*
*
*
*
*
a-D-Glucopyranoside, b-D-fructofuranosyl, polymer with methyloxirane and oxirane with a minimum number average molecular
weight (in amu) of 9,800 ..................................................................................................................................................................
*
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*
[FR Doc. 2023–08584 Filed 4–21–23; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2011–0023; Amdt. No.
192–133]
RIN 2137–AF39
Pipeline Safety: Safety of Gas
Transmission Pipelines: Repair
Criteria, Integrity Management
Improvements, Cathodic Protection,
Management of Change, and Other
Related Amendments: Technical
Corrections; Response to Petitions for
Reconsideration
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Final rule; technical corrections;
response to petitions for
reconsideration.
AGENCY:
PHMSA is making necessary
technical corrections to ensure
consistency within, and the intended
effect of, a recently issued final rule
titled ‘‘Safety of Gas Transmission
Pipelines: Repair Criteria, Integrity
Management Improvements, Cathodic
Protection, Management of Change, and
Other Related Amendments.’’ PHMSA
also alerts the public to its November
18, 2022, and April 19, 2023, responses
to petitions for reconsideration of this
final rule.
DATES: Effective May 24, 2023.
FOR FURTHER INFORMATION CONTACT:
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*
Technical questions: Steve Nanney,
Senior Technical Advisor, by telephone
at 713–272–2855.
General information: Robert Jagger,
Senior Transportation Specialist, by
telephone at 202–366–4361.
On August
24, 2022, as the culmination of a
decade-long rulemaking process,
PHMSA published a final rule titled
‘‘Safety of Gas Transmission Pipelines:
Repair Criteria, Integrity Management
Improvements, Cathodic Protection,
Management of Change, and Other
Related Amendments’’ 1 amending the
Pipeline Safety Regulations at 49 CFR
part 192 to improve the safety of
onshore gas transmission pipelines. In
preparing to implement provisions of
the August 2022 Final Rule, as well as
through discussions with stakeholders
(including petitions for reconsideration
of the August 2022 Final Rule), PHMSA
has identified several places in the
amended regulatory text that would
benefit from technical correction to
facilitate timely implementation of the
August 2022 Final Rule consistent with
the function and purposes described in
the administrative record. PHMSA also
alerts the public to the availability in
the rulemaking docket of its November
18, 2022, response to a petition for
reconsideration filed by the American
Gas Association and its April 19, 2022,
response to a petition for
reconsideration jointly filed by the
Interstate Natural Gas Association of
America and the American Petroleum
Institute.
SUPPLEMENTARY INFORMATION:
49 CFR Part 192
SUMMARY:
*
1 87 FR 52224 (Aug. 24, 2022) (‘‘August 2022
Final Rule’’).
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A. Technical Corrections To Ensure
Consistency Between §§ 192.714 and
192.933
Among the August 2022 Final Rule’s
regulatory amendments were the
enhancement of existing repair criteria
and repair schedules for anomalies
discovered in a High Consequence Area
(HCA) and the extension of those repair
criteria and schedules to onshore gas
transmission lines outside an HCA. See
87 FR at 52226 (‘‘The content of the
non-HCA repair criteria being finalized
in this rule is consistent with the
criteria for HCAs’’). This was achieved
by adding similar repair criteria and
scheduling requirements to both 49 CFR
192.714 (applicable to non-HCA lines)
and § 192.933 (applicable to HCA lines).
See 87 FR at 52246. However, PHMSA
has identified three instances in the
amended regulatory text that would
benefit from technical correction to
facilitate timely implementation of the
August 2022 Final Rule consistent with
the function and purposes described in
the administrative record.
First, both §§ 192.714 and 192.933
provide, at respective paragraph (d)(1),
for specific conditions that must be
repaired immediately. These are the
most severe, risk-bearing conditions and
the August 2022 Final Rule set out the
importance for public and
environmental safety of their swift
remediation upon detection. That
detection may come from regularly
scheduled assessments and the
evaluation of anomalies that appear
indicative of a serious condition.
Section 7 of ASME/ANSI B31.8S
provides that examination of these
indications must occur ‘‘within a period
not to exceed 5 days following
determination of the condition,’’ with
‘‘prompt[ ]’’ remediation thereafter of
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any defect found to require repair or
removal.2 ASME/ANSI B31.8S, section
7 is incorporated in the HCA immediate
repair criteria at § 192.933(d)(1) for
operators to follow in their evaluation
and remediation schedule. However,
parallel language was inadvertently
omitted from § 192.714(d). See 87 FR at
52246 (referencing ASME/ANSI B31.8S,
section 7 in the preamble discussion
supporting § 192.714).3 This omission
from § 192.714 leaves unintended
asymmetry in the evaluation and
remediation schedule for immediate
repair conditions between HCA and
non-HCA lines, with potential for
operator confusion. As the § 192.714
repair criteria were intended to largely
mirror those at § 192.933, PHMSA is
correcting this oversight by adding to
the beginning of § 192.714(d)(1) similar
language that begins § 192.933(d)(1):
‘‘An operator’s evaluation and
remediation schedule for immediate
repair conditions must follow section 7
of ASME/ANSI B31.8S (incorporated by
reference, see § 192.7).’’
Second, §§ 192.714(d)(3) and
192.933(d)(3) list various ‘‘monitored
conditions’’ that entail less acute risk to
public safety and the environment but
which nevertheless merit monitoring by
operators to ensure no further
degradation occurs. Evidence
supporting differentiation between a
scheduled repair condition and a
monitored repair condition can include
an engineering critical assessment (ECA)
demonstrating critical strain levels are
not exceeded; conversely, exceedance of
critical strain levels will often require a
condition be scheduled for a repair
under §§ 192.714(d)(2) and
192.933(d)(2). For that reason, PHMSA
explained during the Gas Pipeline
Advisory Committee (GPAC) meeting
that it intended for dent repair criteria
for both HCA and non-HCA areas to
provide that ‘‘[d]ents analyzed by ECA,
but shown to not exceed critical strain
levels[,] would be Monitored
Conditions’’ under §§ 192.714(d)(3) and
192.933(d)(3).4 However, the regulatory
text adopted by the August 2022 Final
Rule included references to ECA as an
element for only two of three monitored
dent conditions in § 192.714 (applicable
to non-HCA lines), even as it referenced
ECA for all three monitored dent
2 Am. Soc’y Mech. Eng’rs, B31.8S–2004,
‘‘Managing System Integrity of Gas Pipelines,’’ sec.
7 (2005) (‘‘ASME/ANSI B31.8S’’).
3 PHMSA included amendatory language at
§ 192.7(c)(6) to incorporate by reference ASME/
ANSI B31.8S for § 192.714(d). See 87 FR at 52267.
4 GPAC, Mar. 26 to 28, 2018 Meeting Slides at
slide 150 (Mar. 2018); 87 FR at 52249. The GPAC
meeting material is available on the public meeting
page accessible at https://primis.phmsa.dot.gov/
meetings/MtgHome.mtg?mtg=132.
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conditions in § 192.933 (applicable to
HCA lines). See §§ 192.714(d)(3)(ii)–(iii)
and 192.933(d)(3)(i)–(iii). The omission
of ECA in the criteria at
§ 192.714(d)(3)(i) for dents on the
bottom third (1⁄3) of the pipeline was
inadvertent, as further demonstrated by
reference to the same condition found in
§ 192.933(d)(3)(i) for HCA pipelines,
which correctly includes the reference
to an ECA. Accordingly, PHMSA is
correcting the editorial oversight at
§ 192.714(d)(3)(i) by revising the
regulatory language to provide that a
dent on the bottom third (1⁄3) of a
pipeline can be a monitored condition
‘‘where an engineering analysis,
performed in accordance with
§ 192.712(c), demonstrates critical strain
levels are not exceeded.’’
Third, PHMSA also clarifies that
§ 192.714(b) permits operators in certain
circumstances to use the default values
provided for in § 192.712(d)(3) and
(e)(2) to calculate predicted failure
pressure during repair operations when
their documented material properties
are unknown. Section 192.714(b) sets
general, baseline requirements to
‘‘ensure that the repairs are made in a
safe manner’’ and requires a ‘‘pipeline
segment’s operating pressure [to] be less
than the predicted failure pressure
determined in accordance with
§ 192.712 during repair operations.’’
Section 192.712 directs operators to use
material property values that are
documented in traceable, verifiable, and
complete records where possible and
provides conservative values operators
may use where they are not. See
§ 192.712(d)(3), (e)(2). Operators must,
in complying with §§ 192.714(b) and
192.933(a), either use documented
material properties where they are
available; obtain any missing
documentation through § 192.607 where
possible; or where such documentation
is unavailable and cannot be obtained in
a timely manner, employ the
conservative assumptions in § 192.712
in their stead. See 87 FR at 52253. To
make this clear, PHMSA is issuing a
technical correction to add as the final
sentence to both §§ 192.714(b) and
192.933(a): ‘‘Until documented material
properties are available, the operator
must use the conservative assumptions
in either § 192.712(e)(2) or, if
appropriate following a pressure test, in
§ 192.712(d)(3).’’ As PHMSA explained
in the August 2022 Final Rule, an
operator ‘‘missing any material
properties during anomaly evaluations
and repairs’’ should, through the
ensuing repair operation, ‘‘confirm
those material properties under
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§§ 192.607 and 192.712(e) through (g)’’
for future use. 87 FR at 52253.
B. Technical Correction to § 192.319(f)
for Consistency With § 192.461(h)
Regarding Schedule for Completing
Any Necessary Repairs
PHMSA also intended in the August
2022 Final Rule to establish a consistent
approach for scheduling remediation of
severe coating damage for newly
installed (pursuant to § 192.319) and
existing (pursuant to § 192.461)
pipelines to protect against corrosion.
As PHMSA explained during the GPAC
meeting, PHMSA intended both
§§ 192.319 and 192.461 to provide
operators 1 year total (contingent on
obtaining any necessary permits) to
complete the assessment of a pipe’s
corrosion protective coating and make
any needed repairs; specifically,
PHMSA intended to provide operators 6
months for the assessment plus 6
months from the assessment to complete
any necessary repairs, with an
allowance for permitting delays.5 While
§ 192.461 contains language providing
for this schedule at paragraphs (f)
(assessment) and (h) (repair), and
§ 192.319 provides for the same
schedule at paragraph (d) (assessment),
PHMSA inadvertently omitted such
language from paragraph (f) (repair) of
§ 192.319. PHMSA is therefore issuing a
technical correction so that § 192.319(f)
provides 6 months from the assessment,
or as soon as practical after obtaining
necessary permits, to complete any
necessary repairs. This technical
correction will also ensure that under
§ 192.319(f) operators apply for any
needed permits within 6 months,
mirroring the language in § 192.461(h).
C. Technical Correction To Specify the
Unit Measurement in § 192.473(c)(3) Is
in Alternating Current (AC)
Finally, among several provisions
providing safety measures against
potential corrosion, the August 2022
Final Rule includes language at
§ 192.473(c) obliging operators to
conduct interference surveys to detect
certain stray currents, for example,
those from ‘‘co-located pipelines,
structures, or high voltage alternating
current (HVAC) power lines.’’ 87 FR at
52269 (amending § 192.473(c)(1)).
Detecting and remediating interference
surveys is essential to protecting
pipeline integrity against stray currents
5 GPAC, June 6 to 7, 2017 Meeting Slides at slides
10 & 13 (June 2017) (providing 6 months for
assessment ‘‘plus 6 months to complete repairs’’);
GPAC, June 6, 2017 Meeting Transcript, at 40. The
GPAC material is available on the public meeting
page accessible at https://primis.phmsa.dot.gov/
meetings/MtgHome.mtg?mtg=123.
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that interfere with a corrosion control
system. 87 FR at 52237. Section
192.473(c)(3), as adopted by the August
2022 Final Rule, requires that operators
take remedial action when those surveys
detect interference current that meets or
exceeds 100 amps per meter square. The
precise unit of measure is ‘‘100 amps
per meter squared alternating current
(AC).’’ 100 amps is calibrated as the
appropriate value when measured in
AC, as PHMSA has also specified in
special permits it has issued, stating:
‘‘Remedial action is required when the
interference . . . is at a level that could
cause significant corrosion (defined as
100 amps per meter square for ACinduced corrosion)[.]’’ See, e.g., Special
Permit Requested by Natural Gas
Pipeline Company of America, LLC,
Class 1 to Class 3, Dkt. No. PHMSA–
2019–0150 (Issued May 17, 2022),
https://www.phmsa.dot.gov/sites/
phmsa.dot.gov/files/2022-05/2019-0150NGPL-Class-1-to-3-FL-SP-05-172022.pdf; Special Permit Requested by
Florida Gas Transmission Company,
LCC, Class 1 to Class 3, Dkt. No.
PHMSA–2020–0001 (Issued Mar. 31,
2022), https://www.phmsa.dot.gov/sites/
phmsa.dot.gov/files/2022-04/2020-0001Florida-Gas-Transmission-SP-Class-1to-3-FL-SP-03-31-2022.pdf. PHMSA is
issuing a technical correction to clarify
in the regulatory text of § 192.473(c)(3)
that the unit of measure is in AC.
D. Response to Petitions for
Reconsideration
PHMSA alerts the public and
regulated community to its responses to
petitions for reconsideration filed by the
American Gas Association (AGA), the
Interstate Natural Gas Association of
America (INGAA), and the American
Petroleum Institute (API). On September
23, 2022, AGA submitted a petition for
reconsideration of the August 2022
Final Rule requesting clarification of
two definitions at § 192.3 (regarding ‘‘inline inspection’’ and ‘‘transmission
line’’) and additional compliance time.
See Docket No. PHMSA–2011–0023–
0643. PHMSA’s November 18, 2022,
response letter to AGA’s petition is
available in the docket for this
rulemaking at Docket No. PHMSA–
2011–0023–0646.
Also on September 23, 2022, INGAA
and API jointly submitted a petition for
reconsideration of the August 2022
Final Rule that raised a wide variety of
requests, including additional
compliance time. See Docket No.
PHMSA–2011–0023–0644. PHMSA’s
April 19, 2023, response letter to
INGAA and API’s petition is available in
the docket for this rulemaking at Docket
No. PHMSA–2011–0023–0649. Several
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of the issues raised in this petition have
also informed technical corrections
made in this notice.
IV. Regulatory Analyses and Notices
A. Legal Authority
Statutory authority for these technical
corrections to the August 2022 Final
Rule, as with that final rule itself, is
provided by the Federal Pipeline Safety
Act (49 U.S.C. 60101 et seq.). The
Secretary delegated his authority under
the Federal Pipeline Safety Act to the
PHMSA Administrator under 49 CFR
1.97.
PHMSA finds it has good cause to
make these five technical corrections
without notice and comment pursuant
to Section 553(b) of the Administrative
Procedure Act (APA, 5 U.S.C. 551, et
seq.). Section 553(b)(B) of the APA
provides that, when an agency for good
cause finds that notice and public
procedure are impracticable,
unnecessary, or contrary to the public
interest, the agency may issue a rule
without providing notice and an
opportunity for public comment. These
technical corrections, as explained
above, are all editorial in nature and
consistent with the intent of the recently
published August 2022 Final Rule,
which itself was the product of a
decade-long rulemaking record with
extensive notice and opportunity for
comment, including various occasions
for input through the GPAC at public
meetings. The technical corrections
make no substantive changes to the
August 2022 Final Rule but merely
facilitate its implementation by aligning
the regulatory text with explanatory
material in the August 2022 Final Rule’s
preamble and the administrative record.
Because the August 2022 Final Rule is
the product of an extensive
administrative record with numerous
opportunities (including through
written comments and the advisory
committee) for public comment,
PHMSA finds that additional comment
on the technical corrections herein is
unnecessary.
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
These technical corrections have been
evaluated in accordance with existing
policies and procedures and are
considered not significant under
Executive Order 12866 (‘‘Regulatory
Planning and Review’’) 6 and DOT Order
2100.6A (‘‘Rulemaking and Guidance
Procedures’’). While the August 2022
Final Rule received review by the Office
of Management and Budget (OMB)
6 58
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under Executive Order 12866, these
technical corrections (which are
consistent with the final rule) are not
considered significant and accordingly,
this notice has not been reviewed under
that authority. PHMSA finds that the
technical corrections herein (in all
respects consistent with the final rule)
neither impose incremental compliance
costs nor adversely affect safety.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act, as
amended by the Small Business
Regulatory Flexibility Fairness Act of
1996 (RFA, 5 U.S.C. 601 et seq.),
generally requires Federal regulatory
agencies to prepare a Final Regulatory
Flexibility Analysis (FRFA) for a final
rule subject to notice-and-comment
rulemaking under the APA. 5 U.S.C.
604(a).7 PHMSA did so for the August
2022 Final Rule, where the FRFA is
available in the rulemaking docket, and
that analysis remains unchanged as the
technical corrections will impose no
new incremental compliance costs.8
Because PHMSA has ‘‘good cause’’
under the APA to forego comment on
the technical corrections herein, no
FRFA is required, consistent with the
Small Business Administration’s
implementing guidance which explains
that ‘‘[i]f an NPRM is not required, the
RFA does not apply.’’ 9
D. Paperwork Reduction Act
The technical corrections in this
notice impose no new or revised
information collection requirements
beyond those discussed in the August
2022 Final Rule.
E. Unfunded Mandates Reform Act of
1995
These technical corrections do not
impose an unfunded mandate under the
Unfunded Mandates Reform Act of 1995
(UMRA, 2 U.S.C. 1501 et seq.). PHMSA
prepared an analysis of the UMRA
considerations in the final regulatory
impact analysis for the August 2022
Final Rule, which is available in the
docket for the rulemaking.10 These
technical corrections have no
substantial effect on that analysis as
they will impose no new incremental
compliance costs. PHMSA has analyzed
the technical corrections in this notice
7 This requirement is subject to exceptions—
which are not in any event applicable here because
PHMSA has good cause to forego comment in
adopting the technical correction herein.
8 Final Regulatory Impact Analysis, Doc. No.
PHMSA–2011–0023–0637, at 44 (Aug. 26, 2022).
9 Small Business Administration, ‘‘A Guide for
Government Agencies: How to Comply with the
Regulatory Flexibility Act’’ 55 (2017).
10 Doc. No. PHMSA–2011–0023–0637, at 44 (Aug.
26, 2022).
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under the factors in the UMRA, as well,
and determined that the technical
corrections to the final rule herein do
not impose enforceable duties on State,
local, or Tribal governments or on the
private sector of $100 million or more,
adjusted for inflation, in any one year.
F. National Environmental Policy Act
The National Environmental Policy
Act of 1969 (NEPA, 42 U.S.C. 4321 et
seq.) requires Federal agencies to
prepare a detailed statement on major
Federal actions significantly affecting
the quality of the human environment.
PHMSA analyzed the August 2022 Final
Rule in accordance with NEPA,
implementing Council on
Environmental Quality regulations (40
CFR parts 1500–1508), and DOT
implementing policies (DOT Order
5610.1C, ‘‘Procedures for Considering
Environmental Impacts’’) and
determined the final rule would not
significantly affect the quality of the
human environment.11 The technical
corrections in this notice have no effect
on PHMSA’s earlier NEPA analysis
prepared on the August 2022 Final Rule
as the technical corrections are
consistent, and merely facilitate
compliance with, the August 2022 Final
Rule. The purpose of the technical
corrections is to further improve safety
in conducting operations and repairs.
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G. Privacy Act Statement
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to inform its rulemaking process. 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.
H. Executive Order 13132 (Federalism)
PHMSA has analyzed this notice in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’).12 PHMSA has
previously determined that the August
2022 Final Rule itself did not impose
any 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, see 87 FR at
52266; nor do the technical corrections
herein, which are consistent with the
August 2022 Final Rule and merely
facilitate its compliance. Therefore, the
11 Final
Environmental Assessment, Doc. No.
PHMSA–2011–0023–0635 (July 2022).
12 64 FR 43255 (Aug. 10, 1999).
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consultation and funding requirements
of Executive Order 13132 do not apply.
I. Executive Order 13211
PHMSA analyzed the August 2022
Final Rule and determined that the
requirements of Executive Order 13211
(‘‘Actions Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use’’) 13 did not apply.
Neither are these technical corrections
to the rule a ‘‘significant energy action’’
under Executive Order 13211 as they are
not likely to have a significant adverse
effect on supply, distribution, or energy
use. Further, OMB has not designated
these corrections a significant energy
action.
J. Executive Order 13175
This document was analyzed in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’) 14
and DOT Order 5301.1 (‘‘Department of
Transportation Policies, Programs, and
Procedures Affecting American Indians,
Alaska Natives, and Tribes’’). Because
nothing herein has Tribal implications
or imposes substantial direct
compliance costs on Indian Tribal
governments, the funding and
consultation requirements of Executive
Order 13175 do not apply.
K. Executive Order 13609 and
International Trade Analysis
Under Executive Order 13609
(‘‘Promoting International Regulatory
Cooperation’’),15 agencies must consider
whether the impacts associated with
significant variations between domestic
and international regulatory approaches
are unnecessary or may impair the
ability of American business to export
and compete internationally. In meeting
shared challenges involving health,
safety, labor, security, environmental,
and other issues, international
regulatory cooperation can identify
approaches that are at least as protective
as those that are or would be adopted in
the absence of such cooperation.
International regulatory cooperation can
also reduce, eliminate, or prevent
unnecessary differences in regulatory
requirements. The technical corrections
to the final rule in this notice do not
impact international trade.
L. Regulation Identifier Number (RIN)
A regulation identifier number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
13 66
FR 28355 (May 22, 2001).
14 65 FR 67249 (Nov. 6, 2000).
15 77 FR 26413 (May 4, 2012).
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Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN contained in the heading
of this document can be used to crossreference this action with the Unified
Agenda.
List of Subjects in 49 CFR Part 192
Corrosion control, Incorporation by
reference, Installation of pipe in a ditch,
Integrity management, Internal
inspection device, Management of
change, Pipeline safety, Repair criteria,
Surveillance.
In consideration of the foregoing,
PHMSA further amends 49 CFR part
192, as amended August 24, 2022, at 87
FR 52224, and effective May 24, 2023,
by making the following technical
amendments:
PART 192—TRANSPORTATION OF
NATURAL AND OTHER GAS BY
PIPELINE: MINIMUM FEDERAL
SAFETY STANDARDS
1. The authority citation for part 192
continues to read as follows:
■
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C.
5103, 60101 et seq., and 49 CFR 1.97.
2. Section 192.319, as amended
August 24, 2022, at 87 FR 52269, and
effective May 24, 2023, is further
amended by revising paragraph (f) to
read as follows:
■
§ 192.319
Installation of pipe in a ditch.
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*
(f) An operator of an onshore steel
transmission pipeline must develop a
remedial action plan and apply for any
necessary permits within 6 months of
completing the assessment that
identified the deficiency. An operator
must repair any coating damage
classified as severe (voltage drop greater
than 60 percent for DCVG or 70 dBmV
for ACVG) in accordance with section 4
of NACE SP0502 (incorporated by
reference, see § 192.7) within 6 months
of the assessment, or as soon as
practicable after obtaining necessary
permits, not to exceed 6 months after
the receipt of permits.
*
*
*
*
*
■ 3. Section 192.473, as amended
August 24, 2022, at 87 FR 52269, and
effective May 24, 2023, is further
amended by revising paragraph (c)(3) to
read as follows:
§ 192.473 External corrosion control:
Interference currents.
*
*
*
*
*
(c) * * *
(3) Development of a remedial action
plan to correct any instances where
E:\FR\FM\24APR1.SGM
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Federal Register / Vol. 88, No. 78 / Monday, April 24, 2023 / Rules and Regulations
interference current is greater than or
equal to 100 amps per meter squared
alternating current (AC), or if it impedes
the safe operation of a pipeline, or if it
may cause a condition that would
adversely impact the environment or the
public; and
*
*
*
*
*
■ 4. Section 192.714, as added August
24, 2022, at 87 FR 52271, and effective
May 24, 2023, is amended by revising
paragraphs (b), (d)(1) introductory text,
and (d)(3)(i) to read as follows:
§ 192.714 Transmission lines: Repair
criteria for onshore transmission pipelines.
ddrumheller on DSK120RN23PROD with RULES1
*
*
*
*
*
(b) General. Each operator must, in
repairing its pipeline systems, ensure
that the repairs are made in a safe
manner and are made to prevent damage
to persons, property, and the
environment. A pipeline segment’s
operating pressure must be less than the
predicted failure pressure determined in
accordance with § 192.712 during repair
operations. Repairs performed in
accordance with this section must use
pipe and material properties that are
documented in traceable, verifiable, and
complete records. If documented data
required for any analysis, including
predicted failure pressure for
determining MAOP, is not available, an
operator must obtain the undocumented
data through § 192.607. Until
documented material properties are
available, the operator must use the
conservative assumptions in either
§ 192.712(e)(2) or, if appropriate
following a pressure test, in
§ 192.712(d)(3).
*
*
*
*
*
(d) * * *
(1) Immediate repair conditions. An
operator’s evaluation and remediation
schedule for immediate repair
conditions must follow section 7 of
ASME/ANSI B31.8S (incorporated by
reference, see § 192.7). An operator must
repair the following conditions
immediately upon discovery:
*
*
*
*
*
(3) * * *
(i) A dent that is located between the
4 o’clock and 8 o’clock positions
(bottom 1⁄3 of the pipe) with a depth
greater than 6 percent of the pipeline
diameter (greater than 0.50 inches in
depth for a pipeline diameter less than
NPS 12), and where an engineering
analysis, performed in accordance with
§ 192.712(c), demonstrates critical strain
levels are not exceeded.
*
*
*
*
*
■ 5. Section 192.933, as amended
August 24, 2022, at 87 FR at 52277, and
effective May 24, 2023, is further
VerDate Sep<11>2014
16:32 Apr 21, 2023
Jkt 259001
amended by revising paragraph (a)
introductory text to read as follows:
§ 192.933 What actions must be taken to
address integrity issues?
(a) General requirements. An operator
must take prompt action to address all
anomalous conditions the operator
discovers through the integrity
assessment. In addressing all
conditions, an operator must evaluate
all anomalous conditions and remediate
those that could reduce a pipeline’s
integrity. An operator must be able to
demonstrate that the remediation of the
condition will ensure the condition is
unlikely to pose a threat to the integrity
of the pipeline until the next
reassessment of the covered segment.
Repairs performed in accordance with
this section must use pipe and material
properties that are documented in
traceable, verifiable, and complete
records. If documented data required for
any analysis is not available, an operator
must obtain the undocumented data
through § 192.607. Until documented
material properties are available, the
operator must use the conservative
assumptions in either § 192.712(e)(2) or,
if appropriate following a pressure test,
in § 192.712(d)(3).
*
*
*
*
*
Issued in Washington, DC, under authority
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator, Pipeline and
Hazardous Materials Safety Administration.
[FR Doc. 2023–08548 Filed 4–21–23; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R1–ES–2022–0062;
FXES11130900000C6–234–FF09E42000]
RIN 1018–BG77
Endangered and Threatened Wildlife
and Plants; Technical Corrections for
62 Wildlife and Plant Species on the
Lists of Endangered and Threatened
Wildlife and Plants
Fish and Wildlife Service,
Interior.
ACTION: Partial withdrawal of direct
final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), are
withdrawing, in part, a February 2,
2023, direct final rule that revises the
taxonomy of 62 wildlife and plant
species listed under the Endangered
SUMMARY:
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
Species Act of 1973, as amended (Act).
For the Hawaiian hoary bat (Lasiurus
cinereus semotus), we received
comments relating to scientific research
relevant to its taxonomic classification;
and as a result, we are withdrawing the
amendment in the direct final rule for
this species only. The amendments in
the direct final rule for the other 61
wildlife and plant species will be
effective on May 3, 2023.
DATES: Effective April 24, 2023, the
Service withdraws amendatory
instruction 2.a published at 88 FR 7142
on February 2, 2023.
ADDRESSES: The direct final rule may be
found online at https://
www.regulations.gov under Docket No.
FWS–R1–ES–2022–0062.
FOR FURTHER INFORMATION CONTACT:
Marilet Zablan, Program Manager for
Restoration and Endangered Species
Classification, U.S. Fish and Wildlife
Service, Pacific Regional Office,
Ecological Services, 911 NE 11th
Avenue, Portland, OR 97232; telephone
503–231–6131. Individuals in the
United States who are deaf, deafblind,
hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or
TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
Background
Our regulations under the Endangered
Species Act of 1973, as amended (Act;
16 U.S.C. 1531 et seq.), in title 50 of the
Code of Federal Regulations at 50 CFR
17.11(c) and 17.12(b) direct us to use the
most recently accepted scientific names
for species on the Lists of Endangered
and Threatened Wildlife and Plants (50
CFR 17.11(h) and 17.12(h)).
Accordingly, on February 2, 2023, we
published in the Federal Register a
direct final rule (88 FR 7134) to revise
the taxonomy and nomenclature of 62
wildlife and plant species listed under
section 4 of the Act (16 U.S.C. 1531 et
seq.). All of these changes are supported
by peer-reviewed scientific studies and
reflect taxonomy that has been accepted
by taxonomic authorities. Specific
references relevant to each species are
cited in the text of the February 2, 2023,
direct final rule, and the list of
references is posted as a supporting
document at https://
www.regulations.gov under Docket No.
FWS–R1–ES–2022–0062.
Consequently, we published the
direct final rule without a prior proposal
E:\FR\FM\24APR1.SGM
24APR1
]]>Agencies
[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Rules and Regulations]
[Pages 24708-24712]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08548]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 192
[Docket No. PHMSA-2011-0023; Amdt. No. 192-133]
RIN 2137-AF39
Pipeline Safety: Safety of Gas Transmission Pipelines: Repair
Criteria, Integrity Management Improvements, Cathodic Protection,
Management of Change, and Other Related Amendments: Technical
Corrections; Response to Petitions for Reconsideration
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule; technical corrections; response to petitions for
reconsideration.
-----------------------------------------------------------------------
SUMMARY: PHMSA is making necessary technical corrections to ensure
consistency within, and the intended effect of, a recently issued final
rule titled ``Safety of Gas Transmission Pipelines: Repair Criteria,
Integrity Management Improvements, Cathodic Protection, Management of
Change, and Other Related Amendments.'' PHMSA also alerts the public to
its November 18, 2022, and April 19, 2023, responses to petitions for
reconsideration of this final rule.
DATES: Effective May 24, 2023.
FOR FURTHER INFORMATION CONTACT:
Technical questions: Steve Nanney, Senior Technical Advisor, by
telephone at 713-272-2855.
General information: Robert Jagger, Senior Transportation
Specialist, by telephone at 202-366-4361.
SUPPLEMENTARY INFORMATION: On August 24, 2022, as the culmination of a
decade-long rulemaking process, PHMSA published a final rule titled
``Safety of Gas Transmission Pipelines: Repair Criteria, Integrity
Management Improvements, Cathodic Protection, Management of Change, and
Other Related Amendments'' \1\ amending the Pipeline Safety Regulations
at 49 CFR part 192 to improve the safety of onshore gas transmission
pipelines. In preparing to implement provisions of the August 2022
Final Rule, as well as through discussions with stakeholders (including
petitions for reconsideration of the August 2022 Final Rule), PHMSA has
identified several places in the amended regulatory text that would
benefit from technical correction to facilitate timely implementation
of the August 2022 Final Rule consistent with the function and purposes
described in the administrative record. PHMSA also alerts the public to
the availability in the rulemaking docket of its November 18, 2022,
response to a petition for reconsideration filed by the American Gas
Association and its April 19, 2022, response to a petition for
reconsideration jointly filed by the Interstate Natural Gas Association
of America and the American Petroleum Institute.
---------------------------------------------------------------------------
\1\ 87 FR 52224 (Aug. 24, 2022) (``August 2022 Final Rule'').
---------------------------------------------------------------------------
A. Technical Corrections To Ensure Consistency Between Sec. Sec.
192.714 and 192.933
Among the August 2022 Final Rule's regulatory amendments were the
enhancement of existing repair criteria and repair schedules for
anomalies discovered in a High Consequence Area (HCA) and the extension
of those repair criteria and schedules to onshore gas transmission
lines outside an HCA. See 87 FR at 52226 (``The content of the non-HCA
repair criteria being finalized in this rule is consistent with the
criteria for HCAs''). This was achieved by adding similar repair
criteria and scheduling requirements to both 49 CFR 192.714 (applicable
to non-HCA lines) and Sec. 192.933 (applicable to HCA lines). See 87
FR at 52246. However, PHMSA has identified three instances in the
amended regulatory text that would benefit from technical correction to
facilitate timely implementation of the August 2022 Final Rule
consistent with the function and purposes described in the
administrative record.
First, both Sec. Sec. 192.714 and 192.933 provide, at respective
paragraph (d)(1), for specific conditions that must be repaired
immediately. These are the most severe, risk-bearing conditions and the
August 2022 Final Rule set out the importance for public and
environmental safety of their swift remediation upon detection. That
detection may come from regularly scheduled assessments and the
evaluation of anomalies that appear indicative of a serious condition.
Section 7 of ASME/ANSI B31.8S provides that examination of these
indications must occur ``within a period not to exceed 5 days following
determination of the condition,'' with ``prompt[ ]'' remediation
thereafter of
[[Page 24709]]
any defect found to require repair or removal.\2\ ASME/ANSI B31.8S,
section 7 is incorporated in the HCA immediate repair criteria at Sec.
192.933(d)(1) for operators to follow in their evaluation and
remediation schedule. However, parallel language was inadvertently
omitted from Sec. 192.714(d). See 87 FR at 52246 (referencing ASME/
ANSI B31.8S, section 7 in the preamble discussion supporting Sec.
192.714).\3\ This omission from Sec. 192.714 leaves unintended
asymmetry in the evaluation and remediation schedule for immediate
repair conditions between HCA and non-HCA lines, with potential for
operator confusion. As the Sec. 192.714 repair criteria were intended
to largely mirror those at Sec. 192.933, PHMSA is correcting this
oversight by adding to the beginning of Sec. 192.714(d)(1) similar
language that begins Sec. 192.933(d)(1): ``An operator's evaluation
and remediation schedule for immediate repair conditions must follow
section 7 of ASME/ANSI B31.8S (incorporated by reference, see Sec.
192.7).''
---------------------------------------------------------------------------
\2\ Am. Soc'y Mech. Eng'rs, B31.8S-2004, ``Managing System
Integrity of Gas Pipelines,'' sec. 7 (2005) (``ASME/ANSI B31.8S'').
\3\ PHMSA included amendatory language at Sec. 192.7(c)(6) to
incorporate by reference ASME/ANSI B31.8S for Sec. 192.714(d). See
87 FR at 52267.
---------------------------------------------------------------------------
Second, Sec. Sec. 192.714(d)(3) and 192.933(d)(3) list various
``monitored conditions'' that entail less acute risk to public safety
and the environment but which nevertheless merit monitoring by
operators to ensure no further degradation occurs. Evidence supporting
differentiation between a scheduled repair condition and a monitored
repair condition can include an engineering critical assessment (ECA)
demonstrating critical strain levels are not exceeded; conversely,
exceedance of critical strain levels will often require a condition be
scheduled for a repair under Sec. Sec. 192.714(d)(2) and
192.933(d)(2). For that reason, PHMSA explained during the Gas Pipeline
Advisory Committee (GPAC) meeting that it intended for dent repair
criteria for both HCA and non-HCA areas to provide that ``[d]ents
analyzed by ECA, but shown to not exceed critical strain levels[,]
would be Monitored Conditions'' under Sec. Sec. 192.714(d)(3) and
192.933(d)(3).\4\ However, the regulatory text adopted by the August
2022 Final Rule included references to ECA as an element for only two
of three monitored dent conditions in Sec. 192.714 (applicable to non-
HCA lines), even as it referenced ECA for all three monitored dent
conditions in Sec. 192.933 (applicable to HCA lines). See Sec. Sec.
192.714(d)(3)(ii)-(iii) and 192.933(d)(3)(i)-(iii). The omission of ECA
in the criteria at Sec. 192.714(d)(3)(i) for dents on the bottom third
(\1/3\) of the pipeline was inadvertent, as further demonstrated by
reference to the same condition found in Sec. 192.933(d)(3)(i) for HCA
pipelines, which correctly includes the reference to an ECA.
Accordingly, PHMSA is correcting the editorial oversight at Sec.
192.714(d)(3)(i) by revising the regulatory language to provide that a
dent on the bottom third (\1/3\) of a pipeline can be a monitored
condition ``where an engineering analysis, performed in accordance with
Sec. 192.712(c), demonstrates critical strain levels are not
exceeded.''
---------------------------------------------------------------------------
\4\ GPAC, Mar. 26 to 28, 2018 Meeting Slides at slide 150 (Mar.
2018); 87 FR at 52249. The GPAC meeting material is available on the
public meeting page accessible at https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=132.
---------------------------------------------------------------------------
Third, PHMSA also clarifies that Sec. 192.714(b) permits operators
in certain circumstances to use the default values provided for in
Sec. 192.712(d)(3) and (e)(2) to calculate predicted failure pressure
during repair operations when their documented material properties are
unknown. Section 192.714(b) sets general, baseline requirements to
``ensure that the repairs are made in a safe manner'' and requires a
``pipeline segment's operating pressure [to] be less than the predicted
failure pressure determined in accordance with Sec. 192.712 during
repair operations.'' Section 192.712 directs operators to use material
property values that are documented in traceable, verifiable, and
complete records where possible and provides conservative values
operators may use where they are not. See Sec. 192.712(d)(3), (e)(2).
Operators must, in complying with Sec. Sec. 192.714(b) and 192.933(a),
either use documented material properties where they are available;
obtain any missing documentation through Sec. 192.607 where possible;
or where such documentation is unavailable and cannot be obtained in a
timely manner, employ the conservative assumptions in Sec. 192.712 in
their stead. See 87 FR at 52253. To make this clear, PHMSA is issuing a
technical correction to add as the final sentence to both Sec. Sec.
192.714(b) and 192.933(a): ``Until documented material properties are
available, the operator must use the conservative assumptions in either
Sec. 192.712(e)(2) or, if appropriate following a pressure test, in
Sec. 192.712(d)(3).'' As PHMSA explained in the August 2022 Final
Rule, an operator ``missing any material properties during anomaly
evaluations and repairs'' should, through the ensuing repair operation,
``confirm those material properties under Sec. Sec. 192.607 and
192.712(e) through (g)'' for future use. 87 FR at 52253.
B. Technical Correction to Sec. 192.319(f) for Consistency With Sec.
192.461(h) Regarding Schedule for Completing Any Necessary Repairs
PHMSA also intended in the August 2022 Final Rule to establish a
consistent approach for scheduling remediation of severe coating damage
for newly installed (pursuant to Sec. 192.319) and existing (pursuant
to Sec. 192.461) pipelines to protect against corrosion. As PHMSA
explained during the GPAC meeting, PHMSA intended both Sec. Sec.
192.319 and 192.461 to provide operators 1 year total (contingent on
obtaining any necessary permits) to complete the assessment of a pipe's
corrosion protective coating and make any needed repairs; specifically,
PHMSA intended to provide operators 6 months for the assessment plus 6
months from the assessment to complete any necessary repairs, with an
allowance for permitting delays.\5\ While Sec. 192.461 contains
language providing for this schedule at paragraphs (f) (assessment) and
(h) (repair), and Sec. 192.319 provides for the same schedule at
paragraph (d) (assessment), PHMSA inadvertently omitted such language
from paragraph (f) (repair) of Sec. 192.319. PHMSA is therefore
issuing a technical correction so that Sec. 192.319(f) provides 6
months from the assessment, or as soon as practical after obtaining
necessary permits, to complete any necessary repairs. This technical
correction will also ensure that under Sec. 192.319(f) operators apply
for any needed permits within 6 months, mirroring the language in Sec.
192.461(h).
---------------------------------------------------------------------------
\5\ GPAC, June 6 to 7, 2017 Meeting Slides at slides 10 & 13
(June 2017) (providing 6 months for assessment ``plus 6 months to
complete repairs''); GPAC, June 6, 2017 Meeting Transcript, at 40.
The GPAC material is available on the public meeting page accessible
at https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=123.
---------------------------------------------------------------------------
C. Technical Correction To Specify the Unit Measurement in Sec.
192.473(c)(3) Is in Alternating Current (AC)
Finally, among several provisions providing safety measures against
potential corrosion, the August 2022 Final Rule includes language at
Sec. 192.473(c) obliging operators to conduct interference surveys to
detect certain stray currents, for example, those from ``co-located
pipelines, structures, or high voltage alternating current (HVAC) power
lines.'' 87 FR at 52269 (amending Sec. 192.473(c)(1)). Detecting and
remediating interference surveys is essential to protecting pipeline
integrity against stray currents
[[Page 24710]]
that interfere with a corrosion control system. 87 FR at 52237. Section
192.473(c)(3), as adopted by the August 2022 Final Rule, requires that
operators take remedial action when those surveys detect interference
current that meets or exceeds 100 amps per meter square. The precise
unit of measure is ``100 amps per meter squared alternating current
(AC).'' 100 amps is calibrated as the appropriate value when measured
in AC, as PHMSA has also specified in special permits it has issued,
stating: ``Remedial action is required when the interference . . . is
at a level that could cause significant corrosion (defined as 100 amps
per meter square for AC-induced corrosion)[.]'' See, e.g., Special
Permit Requested by Natural Gas Pipeline Company of America, LLC, Class
1 to Class 3, Dkt. No. PHMSA-2019-0150 (Issued May 17, 2022), https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2022-05/2019-0150-NGPL-Class-1-to-3-FL-SP-05-17-2022.pdf; Special Permit Requested by Florida
Gas Transmission Company, LCC, Class 1 to Class 3, Dkt. No. PHMSA-2020-
0001 (Issued Mar. 31, 2022), https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2022-04/2020-0001-Florida-Gas-Transmission-SP-Class-1-to-3-FL-SP-03-31-2022.pdf. PHMSA is issuing a technical
correction to clarify in the regulatory text of Sec. 192.473(c)(3)
that the unit of measure is in AC.
D. Response to Petitions for Reconsideration
PHMSA alerts the public and regulated community to its responses to
petitions for reconsideration filed by the American Gas Association
(AGA), the Interstate Natural Gas Association of America (INGAA), and
the American Petroleum Institute (API). On September 23, 2022, AGA
submitted a petition for reconsideration of the August 2022 Final Rule
requesting clarification of two definitions at Sec. 192.3 (regarding
``in-line inspection'' and ``transmission line'') and additional
compliance time. See Docket No. PHMSA-2011-0023-0643. PHMSA's November
18, 2022, response letter to AGA's petition is available in the docket
for this rulemaking at Docket No. PHMSA-2011-0023-0646.
Also on September 23, 2022, INGAA and API jointly submitted a
petition for reconsideration of the August 2022 Final Rule that raised
a wide variety of requests, including additional compliance time. See
Docket No. PHMSA-2011-0023-0644. PHMSA's April 19, 2023, response
letter to INGAA and API's petition is available in the docket for this
rulemaking at Docket No. PHMSA-2011-0023-0649. Several of the issues
raised in this petition have also informed technical corrections made
in this notice.
IV. Regulatory Analyses and Notices
A. Legal Authority
Statutory authority for these technical corrections to the August
2022 Final Rule, as with that final rule itself, is provided by the
Federal Pipeline Safety Act (49 U.S.C. 60101 et seq.). The Secretary
delegated his authority under the Federal Pipeline Safety Act to the
PHMSA Administrator under 49 CFR 1.97.
PHMSA finds it has good cause to make these five technical
corrections without notice and comment pursuant to Section 553(b) of
the Administrative Procedure Act (APA, 5 U.S.C. 551, et seq.). Section
553(b)(B) of the APA provides that, when an agency for good cause finds
that notice and public procedure are impracticable, unnecessary, or
contrary to the public interest, the agency may issue a rule without
providing notice and an opportunity for public comment. These technical
corrections, as explained above, are all editorial in nature and
consistent with the intent of the recently published August 2022 Final
Rule, which itself was the product of a decade-long rulemaking record
with extensive notice and opportunity for comment, including various
occasions for input through the GPAC at public meetings. The technical
corrections make no substantive changes to the August 2022 Final Rule
but merely facilitate its implementation by aligning the regulatory
text with explanatory material in the August 2022 Final Rule's preamble
and the administrative record. Because the August 2022 Final Rule is
the product of an extensive administrative record with numerous
opportunities (including through written comments and the advisory
committee) for public comment, PHMSA finds that additional comment on
the technical corrections herein is unnecessary.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
These technical corrections have been evaluated in accordance with
existing policies and procedures and are considered not significant
under Executive Order 12866 (``Regulatory Planning and Review'') \6\
and DOT Order 2100.6A (``Rulemaking and Guidance Procedures''). While
the August 2022 Final Rule received review by the Office of Management
and Budget (OMB) under Executive Order 12866, these technical
corrections (which are consistent with the final rule) are not
considered significant and accordingly, this notice has not been
reviewed under that authority. PHMSA finds that the technical
corrections herein (in all respects consistent with the final rule)
neither impose incremental compliance costs nor adversely affect
safety.
---------------------------------------------------------------------------
\6\ 58 FR 51735 (Oct. 4, 1993).
---------------------------------------------------------------------------
C. Regulatory Flexibility Act
The Regulatory Flexibility Act, as amended by the Small Business
Regulatory Flexibility Fairness Act of 1996 (RFA, 5 U.S.C. 601 et
seq.), generally requires Federal regulatory agencies to prepare a
Final Regulatory Flexibility Analysis (FRFA) for a final rule subject
to notice-and-comment rulemaking under the APA. 5 U.S.C. 604(a).\7\
PHMSA did so for the August 2022 Final Rule, where the FRFA is
available in the rulemaking docket, and that analysis remains unchanged
as the technical corrections will impose no new incremental compliance
costs.\8\ Because PHMSA has ``good cause'' under the APA to forego
comment on the technical corrections herein, no FRFA is required,
consistent with the Small Business Administration's implementing
guidance which explains that ``[i]f an NPRM is not required, the RFA
does not apply.'' \9\
---------------------------------------------------------------------------
\7\ This requirement is subject to exceptions--which are not in
any event applicable here because PHMSA has good cause to forego
comment in adopting the technical correction herein.
\8\ Final Regulatory Impact Analysis, Doc. No. PHMSA-2011-0023-
0637, at 44 (Aug. 26, 2022).
\9\ Small Business Administration, ``A Guide for Government
Agencies: How to Comply with the Regulatory Flexibility Act'' 55
(2017).
---------------------------------------------------------------------------
D. Paperwork Reduction Act
The technical corrections in this notice impose no new or revised
information collection requirements beyond those discussed in the
August 2022 Final Rule.
E. Unfunded Mandates Reform Act of 1995
These technical corrections do not impose an unfunded mandate under
the Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 1501 et seq.).
PHMSA prepared an analysis of the UMRA considerations in the final
regulatory impact analysis for the August 2022 Final Rule, which is
available in the docket for the rulemaking.\10\ These technical
corrections have no substantial effect on that analysis as they will
impose no new incremental compliance costs. PHMSA has analyzed the
technical corrections in this notice
[[Page 24711]]
under the factors in the UMRA, as well, and determined that the
technical corrections to the final rule herein do not impose
enforceable duties on State, local, or Tribal governments or on the
private sector of $100 million or more, adjusted for inflation, in any
one year.
---------------------------------------------------------------------------
\10\ Doc. No. PHMSA-2011-0023-0637, at 44 (Aug. 26, 2022).
---------------------------------------------------------------------------
F. National Environmental Policy Act
The National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321
et seq.) requires Federal agencies to prepare a detailed statement on
major Federal actions significantly affecting the quality of the human
environment. PHMSA analyzed the August 2022 Final Rule in accordance
with NEPA, implementing Council on Environmental Quality regulations
(40 CFR parts 1500-1508), and DOT implementing policies (DOT Order
5610.1C, ``Procedures for Considering Environmental Impacts'') and
determined the final rule would not significantly affect the quality of
the human environment.\11\ The technical corrections in this notice
have no effect on PHMSA's earlier NEPA analysis prepared on the August
2022 Final Rule as the technical corrections are consistent, and merely
facilitate compliance with, the August 2022 Final Rule. The purpose of
the technical corrections is to further improve safety in conducting
operations and repairs.
---------------------------------------------------------------------------
\11\ Final Environmental Assessment, Doc. No. PHMSA-2011-0023-
0635 (July 2022).
---------------------------------------------------------------------------
G. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to inform its rulemaking process. 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.
H. Executive Order 13132 (Federalism)
PHMSA has analyzed this notice in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism'').\12\
PHMSA has previously determined that the August 2022 Final Rule itself
did not impose any 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, see 87 FR at 52266; nor do the technical corrections
herein, which are consistent with the August 2022 Final Rule and merely
facilitate its compliance. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
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\12\ 64 FR 43255 (Aug. 10, 1999).
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I. Executive Order 13211
PHMSA analyzed the August 2022 Final Rule and determined that the
requirements of Executive Order 13211 (``Actions Concerning Regulations
that Significantly Affect Energy Supply, Distribution, or Use'') \13\
did not apply. Neither are these technical corrections to the rule a
``significant energy action'' under Executive Order 13211 as they are
not likely to have a significant adverse effect on supply,
distribution, or energy use. Further, OMB has not designated these
corrections a significant energy action.
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\13\ 66 FR 28355 (May 22, 2001).
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J. Executive Order 13175
This document was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments'') \14\ and DOT Order
5301.1 (``Department of Transportation Policies, Programs, and
Procedures Affecting American Indians, Alaska Natives, and Tribes'').
Because nothing herein has Tribal implications or imposes substantial
direct compliance costs on Indian Tribal governments, the funding and
consultation requirements of Executive Order 13175 do not apply.
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\14\ 65 FR 67249 (Nov. 6, 2000).
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K. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609 (``Promoting International Regulatory
Cooperation''),\15\ agencies must consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements. The
technical corrections to the final rule in this notice do not impact
international trade.
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\15\ 77 FR 26413 (May 4, 2012).
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L. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Part 192
Corrosion control, Incorporation by reference, Installation of pipe
in a ditch, Integrity management, Internal inspection device,
Management of change, Pipeline safety, Repair criteria, Surveillance.
In consideration of the foregoing, PHMSA further amends 49 CFR part
192, as amended August 24, 2022, at 87 FR 52224, and effective May 24,
2023, by making the following technical amendments:
PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
0
1. The authority citation for part 192 continues to read as follows:
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5103, 60101 et seq.,
and 49 CFR 1.97.
0
2. Section 192.319, as amended August 24, 2022, at 87 FR 52269, and
effective May 24, 2023, is further amended by revising paragraph (f) to
read as follows:
Sec. 192.319 Installation of pipe in a ditch.
* * * * *
(f) An operator of an onshore steel transmission pipeline must
develop a remedial action plan and apply for any necessary permits
within 6 months of completing the assessment that identified the
deficiency. An operator must repair any coating damage classified as
severe (voltage drop greater than 60 percent for DCVG or 70 dB[micro]V
for ACVG) in accordance with section 4 of NACE SP0502 (incorporated by
reference, see Sec. 192.7) within 6 months of the assessment, or as
soon as practicable after obtaining necessary permits, not to exceed 6
months after the receipt of permits.
* * * * *
0
3. Section 192.473, as amended August 24, 2022, at 87 FR 52269, and
effective May 24, 2023, is further amended by revising paragraph (c)(3)
to read as follows:
Sec. 192.473 External corrosion control: Interference currents.
* * * * *
(c) * * *
(3) Development of a remedial action plan to correct any instances
where
[[Page 24712]]
interference current is greater than or equal to 100 amps per meter
squared alternating current (AC), or if it impedes the safe operation
of a pipeline, or if it may cause a condition that would adversely
impact the environment or the public; and
* * * * *
0
4. Section 192.714, as added August 24, 2022, at 87 FR 52271, and
effective May 24, 2023, is amended by revising paragraphs (b), (d)(1)
introductory text, and (d)(3)(i) to read as follows:
Sec. 192.714 Transmission lines: Repair criteria for onshore
transmission pipelines.
* * * * *
(b) General. Each operator must, in repairing its pipeline systems,
ensure that the repairs are made in a safe manner and are made to
prevent damage to persons, property, and the environment. A pipeline
segment's operating pressure must be less than the predicted failure
pressure determined in accordance with Sec. 192.712 during repair
operations. Repairs performed in accordance with this section must use
pipe and material properties that are documented in traceable,
verifiable, and complete records. If documented data required for any
analysis, including predicted failure pressure for determining MAOP, is
not available, an operator must obtain the undocumented data through
Sec. 192.607. Until documented material properties are available, the
operator must use the conservative assumptions in either Sec.
192.712(e)(2) or, if appropriate following a pressure test, in Sec.
192.712(d)(3).
* * * * *
(d) * * *
(1) Immediate repair conditions. An operator's evaluation and
remediation schedule for immediate repair conditions must follow
section 7 of ASME/ANSI B31.8S (incorporated by reference, see Sec.
192.7). An operator must repair the following conditions immediately
upon discovery:
* * * * *
(3) * * *
(i) A dent that is located between the 4 o'clock and 8 o'clock
positions (bottom \1/3\ of the pipe) with a depth greater than 6
percent of the pipeline diameter (greater than 0.50 inches in depth for
a pipeline diameter less than NPS 12), and where an engineering
analysis, performed in accordance with Sec. 192.712(c), demonstrates
critical strain levels are not exceeded.
* * * * *
0
5. Section 192.933, as amended August 24, 2022, at 87 FR at 52277, and
effective May 24, 2023, is further amended by revising paragraph (a)
introductory text to read as follows:
Sec. 192.933 What actions must be taken to address integrity issues?
(a) General requirements. An operator must take prompt action to
address all anomalous conditions the operator discovers through the
integrity assessment. In addressing all conditions, an operator must
evaluate all anomalous conditions and remediate those that could reduce
a pipeline's integrity. An operator must be able to demonstrate that
the remediation of the condition will ensure the condition is unlikely
to pose a threat to the integrity of the pipeline until the next
reassessment of the covered segment. Repairs performed in accordance
with this section must use pipe and material properties that are
documented in traceable, verifiable, and complete records. If
documented data required for any analysis is not available, an operator
must obtain the undocumented data through Sec. 192.607. Until
documented material properties are available, the operator must use the
conservative assumptions in either Sec. 192.712(e)(2) or, if
appropriate following a pressure test, in Sec. 192.712(d)(3).
* * * * *
Issued in Washington, DC, under authority delegated in 49 CFR
1.97.
Tristan H. Brown,
Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2023-08548 Filed 4-21-23; 8:45 am]
BILLING CODE 4910-60-P
