Pipeline Safety: Requirement of Valve Installation and Minimum Rupture Detection Standards: Technical Corrections, 50056-50063 [2023-15904]
Download as PDF
<![CDATA[
50056
Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
by the Commission in 2011. 87 FR
30444, May 19, 2022. The 2022 Public
Notice thus provided ample indication
that the interpretive question could
have a broader range of outcomes than
those specifically suggested in 2011.
23. Even assuming, arguendo, that
notice was lacking, the Commission
finds no conflict with the
Administrative Procedure Act. Contrary
to the arguments of several commenters,
it is procedurally proper for the
Commission to conclude that
interoperable video conferencing service
has the meaning given by the statutory
definition. The Commission is not
adopting or amending any substantive
rule. Therefore, the notice-and-comment
requirements of the Administrative
Procedure Act (APA) are not implicated
by any action taken here. The
Commission is simply revisiting its
2011 assertion of a perceived need to
resolve, through further interpretation,
the correct interpretation of the word
interoperable. At most that assertion
was an interpretive rule, and hence
prior notice was not required to revisit
that interpretation. The Supreme Court
has confirmed that the adoption or
modification of interpretive rules occurs
outside the APA’s notice-and-comment
requirements. Perez v. Mortgage
Bankers Ass’n, 575 U.S. 92, 96 (2015).
24. Given the extended pendency of
questions regarding the application of
these requirements to video
conferencing, the Commission
recognizes that some service providers
may need additional time to fully
comply with the Report and Order. For
that reason, the Commission extends the
date for compliance with the part 14
video conferencing service rules until
September 3, 2024. The Commission
directs the Consumer and Governmental
Affairs Bureau to announce the
compliance date by subsequent Public
Notice.
Final Regulatory Flexibility Analysis
25. The Regulatory Flexibility Act of
1980, as amended (RFA), requires that
an agency prepare a regulatory
flexibility analysis for notice and
comment rulemakings, unless the
agency certifies that the rule will not, if
promulgated, have a significant
economic impact on a substantial
number of small entities. 5 U.S.C. 603,
605(b). In document FCC 23–50, the
Commission declines to adopt rule
changes and therefore a Final
Regulatory Flexibility Analysis has not
been performed.
Ordering Clauses
26. Pursuant to sections 1, 2, 3, and
716 of the Communications Act of 1934,
VerDate Sep<11>2014
16:03 Jul 31, 2023
Jkt 259001
as amended, 47 U.S.C. 151, 152, 153,
617, the foregoing Report and Order is
adopted.
Congressional Review Act
27. The Commission has determined,
and the Administrator of the Office of
Information and Regulatory Affairs,
Office of Management and Budget,
concurs, that this rule is non-major
under the Congressional Review Act, 5
U.S.C. 804(2). The Commission sent a
copy of the Report and Order to
Congress and the Government
Accountability Office pursuant to 5
U.S.C. 801(a)(1)(A).
Final Paperwork Reduction Act of 1995
Analysis
28. The Report and Order does not
contain new or modified information
collection requirements subject to the
Paperwork Reduction Act of 1995. In
addition, therefore, it does not contain
any new or modified information
collection burden for small business
concerns with fewer than 25 employees,
pursuant to the Small Business
Paperwork Relief Act of 2002.
Federal Communications Commission.
Marlene Dortch,
Secretary, Office of the Secretary.
[FR Doc. 2023–15686 Filed 7–31–23; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 192 and 195
[Docket No. PHMSA–2013–0255; Amdt. Nos.
192–134, 195–106]
RIN 2137–AF06
Pipeline Safety: Requirement of Valve
Installation and Minimum Rupture
Detection Standards: Technical
Corrections
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Correcting amendments.
AGENCY:
PHMSA is issuing editorial
and technical corrections clarifying the
regulations promulgated in its April 8,
2022, final rule titled ‘‘Pipeline Safety:
Requirement of Valve Installation and
Minimum Rupture Detection
Standards’’ for certain gas, hazardous
liquid, and carbon dioxide pipelines.
The final rule also codifies the results of
judicial review of that final rule.
SUMMARY:
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
These corrections are effective as
of August 1, 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
email at robert.jagger@dot.gov.
SUPPLEMENTARY INFORMATION:
DATES:
I. Corrections
On April 8, 2022, PHMSA published
a final rule titled ‘‘Pipeline Safety:
Requirement of Valve Installation and
Minimum Rupture Detection
Standards’’ 1 (final rule) amending the
Federal Pipeline Safety Regulations (49
CFR parts 190 through 199) to, among
other provisions, require the installation
of rupture-mitigation valves (RMV) or
alternative equivalent technologies and
establish minimum performance
standards for the operation of those
valves to mitigate the public safety and
environmental consequences of pipeline
ruptures. The final rule became effective
on October 5, 2022. This document
identifies several editorial and technical
corrections clarifying those regulations,
as set forth below.
The final rule added a new
§ 192.179(e) requiring the installation of
rupture-mitigation valves (RMV) on
certain onshore gas pipeline segments 6
inches or greater in diameter. The
paragraph included an exemption for
those pipelines in Class 1 or Class 2
locations where the potential impact
radius (PIR) of the pipeline is 150 feet
or less. However, a comma was
inadvertently left in between ‘‘Class 1’’
and ‘‘or Class 2 locations,’’ which led
some readers to interpret that all
pipelines in Class 1 locations were
exempt from the RMV installation
requirements, in addition to those
pipelines in Class 2 locations with a PIR
of 150 feet or less. As the preamble of
the final rule explains (see, e.g., 87 FR
20942, 20972), the exemption was
meant to apply to pipelines with a PIR
of 150 feet or less in either Class 1
locations or Class 2 locations. Therefore,
PHMSA is correcting that regulatory text
in this document by removing the
comma, restructuring the sentence for
clarity, and adding ‘‘either’’ before the
reference to Class 1 and Class 2. PHMSA
is also making a conforming change to
§ 192.179(f), which contained similar
language and will reflect the same
regulatory intent.
Additionally, PHMSA is also
correcting § 192.179(e) and (f) by
removing a potentially confusing cross1 87
E:\FR\FM\01AUR1.SGM
FR 20940 (Apr. 8, 2022).
01AUR1
lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations
reference. At both § 192.179(e) and (f),
the regulatory text states that, for
applicable pipelines, ‘‘all RMVs and
alternative equivalent technologies
installed pursuant to [these] paragraphs
must meet the requirements of
§§ 192.634 and 192.636.’’ The
requirement for valve installation under
paragraphs (e) and (f) of § 192.179 was
intended to apply to pipelines in all
class locations and regardless of a
pipeline’s high-consequence area (HCA)
status, as applicable. However,
paragraph (a) of § 192.634 states that
section is only applicable to certain
pipelines located in HCAs or in Class 3
or Class 4 locations. Therefore, with the
cross-reference to § 192.634 in
§ 192.179, it may be unclear as to what
installation requirements pipelines in
non-HCA Class 1 or Class 2 locations
must follow. Accordingly, in this
document, PHMSA is deleting the crossreferences to § 192.634 from the valve
installation requirements at § 192.179(e)
and (f) so that it is clear that all new
pipelines, regardless of HCA status or
class location, must install RMVs in
accordance with § 192.179. This change
does not otherwise impact the
additional requirements at § 192.634
specific to certain pipelines located in
HCAs or in Class 3 or Class 4 locations.
The final rule also added a new
§ 192.610 that established the valve
spacing requirements certain gas
pipeline operators must follow when a
class location change occurs. Paragraph
(a) of § 192.610, by its reference to
‘‘transmission,’’ provides these
requirements apply to class location
changes on onshore gas transmission
pipelines. In contrast, paragraph (b), as
written, did not include the reference to
‘‘transmission’’ that would limit
application of that paragraph in the
same manner as paragraph (a). As a
result, some readers were confused
regarding whether the provisions in
paragraph (b) were intended to apply to
different pipelines than those subject to
paragraph (a). PHMSA did not intend
for paragraphs (a) and (b) to apply to
different pipelines. Therefore, PHMSA
is amending paragraph (b) to add a
reference to ‘‘transmission’’ mirroring
that in paragraph (a), thereby clarifying
those provisions will have the same
scope of application.
In § 192.634, PHMSA notes that there
was an ‘‘and’’ omitted from paragraph
(b)(3) that could potentially cause
confusion. In this document, PHMSA is
correcting this error by inserting the
word ‘‘and’’ following the comma after
the references to §§ 192.18 and 192.179
and the word ‘‘develop.’’
When drafting the final rule, PHMSA
created a new § 192.636 that contained
VerDate Sep<11>2014
16:03 Jul 31, 2023
Jkt 259001
the operational requirements for RMVs.
The notice of proposed rulemaking 2
(NPRM) had proposed these
requirements in § 192.634, which also
contained design and installation
requirements for pipelines in Class 3
locations, Class 4 locations, and HCAs
specifically. In the final rule, PHMSA
moved the majority of the operational
requirements, including those for
rupture identification, valve shut-off
time, and flow modeling for automatic
shut-off valves (ASVs), into the new
§ 192.636, so that it was clear that these
operational requirements applied to all
RMVs. However, in the final rule,
PHMSA inadvertently neglected to
relocate from § 192.634 into the new
§ 192.636 one operational requirement it
had proposed in the NPRM for the
manual operation of valves upon
identification of a rupture. Therefore,
PHMSA is correcting that oversight in
this correction document by moving
§ 192.634(c) into § 192.636 at a new
paragraph (h). The requirements at
§ 192.634 are otherwise unchanged.
PHMSA is also adding to that relocated
language each of (1) in the first
sentence, a cross-reference to the RMV
installation requirement and valve shutoff requirement at § 192.634, and (2) in
the last sentence, a reference to
§ 192.636(c) (governing RMV operation
beyond the 30-minute default timeline
set forth in § 192.636(b)) that had been
inadvertently omitted from the final
rule.
PHMSA also in § 195.258(e)
mistakenly provided that operators
could use a ‘‘manual compressor station
valve’’ at a continuously manned station
as an alternative equivalent technology.
As hazardous liquid pipelines have
pump stations, and not compressor
stations, this phrasing could cause
confusion. Accordingly, in this
document, PHMSA is correcting this at
§ 195.258(e) by revising the phrase
‘‘manual compressor station valve’’ to
read ‘‘manual pump station valve.’’
At § 195.402(c)(5)(ii) of the final rule,
PHMSA uses the term ‘‘incident’’ when
discussing the identification and
implementation of preventive and
mitigative measures following the
analyses of ruptures and RMV valve
closures on hazardous liquid pipelines.
As ‘‘incident’’ is a defined term in part
192 and not part 195, PHMSA believes
there could be some potential confusion
regarding the requirements of that
paragraph. Accordingly, in this
document, PHMSA is revising the term
‘‘incident’’ at § 195.402(c)(5)(ii) to read
‘‘accident’’ to be consistent with part
195 terminology.
PO 00000
2 85
FR 7162 (Feb. 6, 2020).
Frm 00065
Fmt 4700
Sfmt 4700
50057
PHMSA established a new § 195.417
in the final rule to describe a
‘‘notification of potential rupture’’ for
hazardous liquid and carbon dioxide
pipelines. The introductory text of
paragraph (a) of that section contains an
error that ‘‘a notification of a potential
rupture ‘‘means refers’’ to the
notification to [. . .].’’ In this document,
PHMSA is correcting that typographical
error to read ‘‘a notification of potential
rupture means the notification to
[. . .].’’ Additionally, PHMSA noted
that the regulatory text in that section
lacked an explicit reference to the
uncontrolled release of carbon dioxide
in addition to hazardous liquids.
PHMSA explained in the final rule that,
in the interest of convenience, it
understood references to ‘‘hazardous
liquid’’ within the preamble discussion
of the final rule’s regulatory
amendments to refer to both carbon
dioxide and hazardous liquids. See 87
FR 20940 at n. 1. Consistent with that
approach, most of the regulatory
language amended by the final rule
explicitly extended the final rule’s RMV
installation and operation requirements
to both hazardous liquid pipelines and
carbon dioxide pipelines; however,
PHMSA inadvertently omitted
including explicit reference to carbon
dioxide within § 195.417’s elaboration
on the ‘‘notification of potential
rupture.’’ Therefore, PHMSA has
revised both the introductory text of
paragraph (a) and paragraph (a)(3),
where appropriate, to clarify that a
‘‘notification of potential rupture’’ can
be triggered by one or more of the
indicia of a potential unintentional or
uncontrolled release of either hazardous
liquids or carbon dioxide.
Similarly, in § 195.418, paragraph (a)
states that the requirements of the
section apply to both hazardous liquid
and carbon dioxide pipelines. After
publication of the final rule, PHMSA
noticed that paragraph (b)(3) of the
section, ‘‘laterals,’’ did not specifically
mention ‘‘carbon dioxide’’ when
discussing the commodity volumes that
factor into the shut-off segment volume.
Therefore, to clarify the fact that carbon
dioxide laterals are also applicable to
the requirements of paragraph (b)(3),
PHMSA has inserted the term ‘‘carbon
dioxide’’ where appropriate.
Prior to the final rule publishing,
§ 195.420(b) stated that ‘‘each operator
shall, at intervals not exceeding 71⁄2
months, but at least twice each calendar
year, inspect each mainline valve to
determine that it is functioning
properly.’’ In the NPRM 3 for the final
3 85
E:\FR\FM\01AUR1.SGM
FR 7162 (Feb. 6, 2020).
01AUR1
lotter on DSK11XQN23PROD with RULES1
50058
Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations
rule, PHMSA essentially retained this
requirement and added that operators
must partially operate valves installed
in accordance with § 195.258(c) and
RMVs, as they were defined under
proposed § 195.418. However, in the
final rule, the word ‘‘mainline’’ was
removed from paragraph (b), which then
caused the paragraph to require that
‘‘each operator must, at least twice each
calendar year but at intervals not
exceeding 71⁄2 months, inspect each
valve to determine that it is functioning
properly.’’ PHMSA understands that
removing the word ‘‘mainline’’ from
those requirements could be interpreted
to mean that PHMSA expects all valves
to be inspected and maintained at the
intervals specified within that
paragraph, even valves such as those
within pump stations. It was never
PHMSA’s intent to expand the valve
maintenance requirement to all valves,
and this is reflected throughout both the
discussion in the preamble of the final
rule and in the Liquid Pipeline
Advisory Committee (LPAC) discussion
and voting, where such an expansion is
not contemplated. Therefore, in this
document, PHMSA is correcting this
omission by reinserting the word
‘‘mainline’’ in the requirements of
§ 195.420(b).
PHMSA also revised the valve
maintenance requirements at
§ 195.420(b) to include specific
provisions for RMVs. More specifically,
PHMSA added RMV-specific
requirements where operators are
required to partially operate each RMV
or alternative equivalent technology as a
part of the requirement for operators to
inspect each valve at least twice per
calendar year. The requirement
continues to state that ‘‘operators are not
required to close the valve fully during
the drill [. . .].’’ PHMSA notes that, as
distinguishable response time drills
requirements for manually or locally
operated alternative equivalent
technology are set out in § 195.420(e),
there could be some confusion as to
what the reference to ‘‘drill’’ means in
the context of paragraph (b). Therefore,
in this document, PHMSA is replacing
the term ‘‘drill’’ used in paragraph (b)
with ‘‘inspection’’ to more closely align
with the language used earlier within
the same paragraph and better
distinguish between the ‘‘inspections’’
required under § 195.420(b) and the
‘‘drills’’ conducted pursuant to
§ 195.420(e).
II. D.C. Circuit Review of the Final Rule
On May 16, 2023, the U.S. Court of
Appeals for the District of Columbia
Circuit (D.C. Circuit) vacated the final
rule as it applies to gas and hazardous
VerDate Sep<11>2014
16:03 Jul 31, 2023
Jkt 259001
liquid gathering pipelines.4 Therefore,
in this document, PHMSA is removing
gathering line-specific amendments
introduced in the final rule and revising
the regulatory text throughout parts 192
and 195 to clarify that the final rule
amendments do not apply to gas or
hazardous liquid gathering lines. These
corrections include revisions to
§§ 192.3, 192.9(b), (c), and (e)(1)(iv),
195.2, 195.11(b)(2), 195.258, 195.260,
195.402, 195.417, 195.418, 195.419,
195.420, and 195.452. Specific
amendments are discussed below:
• Sections 192.3 and 195.2 are being
revised to exempt gathering lines from
the new definitions introduced in the
final rule (‘‘entirely replaced onshore
transmission segments,’’ ‘‘entirely
replaced onshore hazardous liquid or
carbon dioxide segments,’’ ‘‘notification
of potential rupture,’’ and ‘‘rupturemitigation valve’’). While some of those
definitions may not have been used
within provisions applicable to gas or
hazardous liquid gathering lines, the
term ‘‘notification of potential rupture’’
was used in sections of parts 192 and
195 that had been applicable to
gathering lines. Nevertheless, to
minimize confusion for operators,
PHMSA is now revising all of the final
rule’s new definitions to incorporate
explicit exceptions for gathering lines so
as to ensure that operators are not
subject to those terms.
• Section 192.9 is being revised to
ensure that this section accurately lists
the provisions of part 192 applicable to
part 192-regulated gas gathering lines
by: (1) excluding §§ 192.615 (to the
extent modified by the final rule 5),
192.617(b) through (d), and 192.635
from applying to offshore gas gathering
lines; (2) excluding §§ 192.179(e)
through (g), 192.610, 192.615 (to the
extent modified by the final rule),
192.617(b) through (d), 192.634,
192.635, 192.636, and 192.745(c)
through (f) from applying to Type A
regulated onshore gas gathering lines;
and (3) excluding § 192.615 (to the
extent modified by the final rule) from
4 GPA Midstream Ass’n v. U.S. Dep’t of Transp.,
67 F.4th 1188 (D.C. Cir. 2023). The D.C. Circuit’s
vacatur remedy is self-executing: PHMSA’s
memorialization in this notice of the court’s vacatur
as to gas and hazardous liquid gathering lines is not
legally required but is intended to assist affected
pipeline operators and other stakeholders in
understanding precisely what requirements remain
effective following the D.C. Circuit’s decision.
5 PHMSA notes that, where the regulatory text of
a provision requires compliance with the language
in effect on October 4, 2022 (immediately before the
October 5, 2022 effective date of the final rule), that
historical regulatory text can be found by using the
‘‘view historical versions’’ link on the National
Archives’ web page for the current version of parts
192 and 195 of the Code of Federal Regulations. See
https://www.ecfr.gov/current/title-49.
PO 00000
Frm 00066
Fmt 4700
Sfmt 4700
applying to Type C regulated onshore
gas gathering lines. While the language
of § 192.617(a) (formerly § 192.617) was
modified slightly in the final rule, the
preamble of the final rule explains that
these non-substantive changes simply
provided ‘‘additional specificity to the
existing regulation at § 192.617,’’ and
that ‘‘the underlying requirement
remained unchanged,’’ 6 and therefore
PHMSA is not exempting gas gathering
lines from § 192.617(a) in this
document. No revisions were required
to exempt Types B and C gas gathering
lines from § 192.610, § 192.617(b)
through (d), § 192.634, § 192.635,
§ 192.636, or § 192.745(c) through (f),
nor to exempt Type B gas gathering
lines from the revised requirements of
§ 192.615, because those sections are
already non-applicable to those types of
pipelines pursuant to § 192.9(d) and (e).
Similarly, no revisions were required to
exempt offshore gas gathering lines from
§§ 192.179(e) through (g), 192.610,
192.634, 192.636, and 192.745(c)
through (f), since those sections are
limited to onshore gas pipelines.
• Finally, PHMSA is revising
§§ 195.258, 195.260, 195.402, 195.417,
195.418, 195.419, 195.420, and 195.452
to expressly exempt hazardous liquid
gathering lines from the requirements in
those sections that were introduced in
the final rule. For clarity, PHMSA is
also revising § 195.11(b)(2) to remove
cross-references to any of those
requirements.
PHMSA revised § 195.11(b)(2) in the
final rule to establish the regulated rural
gathering lines on which operators are
required to install RMVs (at
§ 195.11(b)(2)(ii)). While the RMV
installation requirement at
§ 195.11(b)(2)(ii) has been vacated by
the D.C. Circuit and is therefore being
removed in this document, PHMSA is
also correcting a typographical error
introduced in § 195.11(b)(2) when the
word ‘‘constructed’’ was mistakenly
written as ‘‘contracted’’ during
transcription of the original paragraph
in the final rule.
III. Regulatory Analyses and Notices
A. Statutory/Legal Authority
Statutory authority for this
document’s corrections to the final rule,
as with the final rule itself, whose
discussion of statutory authority at
section VI.A., 87 FR 20978, is
incorporated herein by reference, 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
6 87
E:\FR\FM\01AUR1.SGM
FR 20969.
01AUR1
Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
PHMSA Administrator under 49 CFR
1.97.
PHMSA finds it has good cause to
make these 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.
As explained above, the textual
alterations herein consist of editorial
and technical corrections, including
revisions to or codification of regulatory
language (1) inadvertently deleted or
omitted by the final rule, consistent
with statements in the administrative
record (including the preamble and
amendatory text to the final rule and
that make no substantive changes to the
final rule but merely facilitate its
implementation by aligning the
regulatory text with the explanatory
material in the final rule’s preamble,
amendatory text, and administrative
record; or (2) consistent with judicial
review of the final rule.7 Because the
final rule is the product of an extensive
administrative record with numerous
opportunities for public comment,
including through written comments
and the Pipeline Advisory Committees,
and because any requirements of the
final rule vacated by the D.C. Circuit
must be removed and ‘‘commentators
could not have said anything during a
notice and comment period that would
have changed that fact,’’ 8 PHMSA finds
that additional comment on the
corrections herein is unnecessary.
The immediate effective date of the
corrections contained in this document
is authorized under 5 U.S.C. 553(d)(3) of
the APA. Section 553(d)(3) provides that
a rule should take effect ‘‘not less than
30 days’’ after publication in the
Federal Register, except for when good
cause is found by the agency and
published within the rule, thus allowing
for earlier effectiveness. 5 U.S.C.
553(d)(3). ‘‘[T]he purpose of the thirtyday waiting period is to give affected
parties a reasonable time to adjust their
behavior before the final rule takes
effect.’’ Omnipoint Corp. v. F.C.C., 78
7 GPA Midstream Ass’n v. U.S. Dep’t of Transp.,
67 F.4th at 1201–1202. The D.C. Circuit has held
that use of the APA’s good cause exception is
appropriate ‘‘when rulemaking without notice and
comment is ‘a reasonable and perhaps inevitable
response to’ a ‘court order.’’’ EME Homer City
Generation, LP v. EPA, 795 F.3d 118, 134–35 (D.C.
Cir. 2015).
8 EME Homer City Generation, LP v. EPA, 795
F.3d at 134.
VerDate Sep<11>2014
16:03 Jul 31, 2023
Jkt 259001
F.3d 620, 630 (D.C. Cir. 1996). PHMSA
finds that good cause under section
553(d)(3) of the APA supports making
the revisions effective upon publication
in the Federal Register because the
editorial and technical corrections at
§§ 192.179(e) and (f), 192.610(b),
192.634, 192.636, 195.11(b)(2),
195.258(e), 195.402(c)(5)(ii), 195.417(a)
introductory text and (a)(3),
195.418(b)(3), and 195.420(b) provide
regulatory clarity for gas and hazardous
liquid pipeline operators, and the
correction to § 195.420 returning the
word ‘‘mainline’’ to the regulations is
consistent with the preamble of the final
rule and the LPAC discussions on the
subject.
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
This document has been evaluated in
accordance with existing policies and
procedures, and is considered not
significant under Executive Order 12866
(‘‘Regulatory Planning and Review’’),9
as amended by Executive Order 14094
(‘‘Modernizing Regulatory Review’’),10
and DOT Order 2100.6A (‘‘Rulemaking
and Guidance Procedures’’); therefore,
this document has not been reviewed by
the Office of Management and Budget
(OMB). PHMSA finds that the editorial
and technical corrections herein, in all
respects consistent with the final rule
(as modified by judicial review), impose
no incremental compliance costs nor
adversely affect safety, as they either (1)
merely correct non-substantive
typographical errors made during the
drafting of the final rule and restore the
intent of the final rule as discussed in
its preamble and supporting
documentation, or (2) codify the results
of judicial review limiting the scope of
application of the final rule.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act, as
amended by the Small Business
Regulatory Flexibility Fairness Act of
1996 (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).11 The
Small Business Administration’s
implementing guidance explains that
‘‘[i]f an NPRM is not required, the RFA
FR 51735 (Oct. 4, 1993).
FR 21879 (Apr. 11, 2023).
11 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 corrections herein.
PO 00000
9 58
10 88
Frm 00067
Fmt 4700
Sfmt 4700
50059
does not apply.’’ 12 Because PHMSA has
‘‘good cause’’ under the APA to forego
comment on the corrections herein, no
FRFA is required. Moreover, PHMSA
prepared a FRFA for the final rule,
which is available in the docket for this
rulemaking; 13 because the corrections
herein will impose no new incremental
compliance costs, the analysis in that
FRFA remains unchanged.
D. Paperwork Reduction Act
The corrections in this document
impose no new or revised information
collection requirements beyond those
discussed in the final rule. As explained
above, the changes being made in this
document are non-substantive, and they
will require no change to the current
incident and annual reporting forms and
their respective instructions.
E. Unfunded Mandates Reform Act of
1995
PHMSA analyzed the corrections in
this document under the factors in the
Unfunded Mandates Reform Act of 1995
(UMRA, 2 U.S.C. 1501 et seq.) and
determined that the corrections to the
final rule herein do not impose
enforceable duties of $100 million or
more, adjusted for inflation, in any one
year, on state, local, or tribal
governments, or on the private sector.
PHMSA prepared an analysis of the
UMRA considerations in the Final
Regulatory Impact Analysis for the final
rule, which is available in the docket for
the rulemaking. Because the corrections
herein will impose no new incremental
compliance costs, the analysis in that
UMRA discussion for the final rule need
not be changed.
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 final rule in
accordance with NEPA, implementing
Council on Environmental Quality
regulations (40 CFR parts 1500 through
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.14 The corrections
to the final rule in this document either
(1) have no effect on PHMSA’s earlier
12 Small Business Administration, ‘‘A Guide for
Government Agencies: How to Comply with the
Regulatory Flexibility Act’’ 55 (2017).
13 Doc. No. PHMSA–2013–0255–0046.
14 Final Environmental Assessment, Doc. No.
PHMSA–2013–0255–0045.
E:\FR\FM\01AUR1.SGM
01AUR1
50060
Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations
NEPA analysis, as they are consistent
with, and facilitate compliance with, the
final rule, or (2) merely codify the
results of judicial review of the final
rule.
G. Privacy Act Statement
In accordance with 5 U.S.C. 553(c),
the DOT solicits comments from the
public to inform its rulemaking process.
The DOT posts these comments,
without edit, including any personal
information the commenter provided, 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 document
in accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’).15 The corrections
herein are consistent with, and facilitate
compliance with, the final rule, and
they do not have any substantial direct
effect on the states, the relationship
between the Federal Government and
the states, or the distribution of power
and responsibilities among the various
levels of government beyond what was
accounted for in the final rule. This
document does not contain any
provision that imposes any substantial
direct compliance costs on state or local
governments, nor any new provision
that preempts state law. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not
apply.16
lotter on DSK11XQN23PROD with RULES1
I. Executive Order 13211
PHMSA analyzed the final rule and
determined that the requirements of
Executive Order 13211 (‘‘Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use’’) 17 did not apply.
The corrections to the final rule herein
are not a ‘‘significant energy action’’
under Executive Order 13211 either, as
they are not likely to have a significant
adverse effect on supply, distribution, or
energy use. Further, OMB has not
designated the corrections herein as 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’’) 18
15 64
FR 43255 (Aug. 10, 1999).
PHMSA determined that the final
rule did not impose substantial direct compliance
costs on state and local governments.
17 66 FR 28355 (May 22, 2001).
18 65 FR 67249 (Nov. 6, 2000).
16 Moreover,
VerDate Sep<11>2014
16:03 Jul 31, 2023
Jkt 259001
and DOT Order 5301.1 (‘‘Department of
Transportation Policies, Programs, and
Procedures Affecting American Indians,
Alaska Natives, and Tribes’’). Because
none of the corrections herein have
tribal implications or impose 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’’),19 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 corrections to the
final rule in this document do not
impact international trade.
L. Regulation Identifier Number (RIN)
A 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.
M. Severability
The purpose of these editorial and
technical corrections is to facilitate
operator compliance with, and codify
the results of judicial review of, the final
rule. However, PHMSA recognizes that
certain provisions focus on unique
topics. Therefore, PHMSA finds that
each of the editorial and technical
corrections in this rule are severable and
able to function independently if
severed from each other. In the event a
court were to invalidate one or more of
the unique provisions of this rule, the
remaining provisions should stand, thus
allowing their continued effect.
PO 00000
19 77
FR 26413 (May 4, 2012).
Frm 00068
Fmt 4700
Sfmt 4700
List of Subjects
49 CFR Part 192
Gas, Natural gas, Pipeline safety,
Reporting and recordkeeping
requirements.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide,
Petroleum, Pipeline safety, Reporting
and recordkeeping requirements.
In consideration of the foregoing,
PHMSA makes the following correcting
amendments to 49 CFR parts 192 and
195:
PART 192—TRANSPORTATION OF
NATURAL GAS AND OTHER GAS BY
PIPELINE: MINIMUM FEDERAL
SAFETY STANDARDS
1. The authority citation for part 192
continues to read as follows:
■
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C.
5103, 60101 et. seq., and 49 CFR 1.97.
2. Amend § 192.3 by revising the
definitions for ‘‘Entirely replaced
onshore transmission pipeline
segments,’’ ‘‘Notification of potential
rupture,’’ and ‘‘Rupture-mitigation
valve’’ to read as follows:
■
§ 192.3
Definitions.
*
*
*
*
*
Entirely replaced onshore
transmission pipeline segments means,
for the purposes of §§ 192.179 and
192.634, where 2 or more miles, in the
aggregate, of onshore transmission
pipeline have been replaced within any
5 contiguous miles of pipeline within
any 24-month period. This definition
does not apply to any gathering line.
*
*
*
*
*
Notification of potential rupture
means the notification to, or observation
by, an operator of indicia identified in
§ 192.635 of a potential unintentional or
uncontrolled release of a large volume
of gas from a pipeline. This definition
does not apply to any gathering line.
*
*
*
*
*
Rupture-mitigation valve (RMV)
means an automatic shut-off valve
(ASV) or a remote-control valve (RCV)
that a pipeline operator uses to
minimize the volume of gas released
from the pipeline and to mitigate the
consequences of a rupture. This
definition does not apply to any
gathering line.
*
*
*
*
*
■ 3. Amend § 192.9 by revising
paragraphs (b), (c), and (e)(1)(iv) to read
as follows:
§ 192.9 What requirements apply to
gathering lines?
*
E:\FR\FM\01AUR1.SGM
*
*
01AUR1
*
*
lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations
(b) Offshore lines. An operator of an
offshore gathering line must comply
with requirements of this part
applicable to transmission lines, except
the requirements in §§ 192.13(d),
192.150, 192.285(e), 192.319(d) through
(g), 192.461(f) through (i), 192.465(d)
and (f), 192.473(c), 192.478, 192.485(c),
192.493, 192.506, 192.607, 192.613(c),
192.619(e), 192.624, 192.710, 192.712,
and 192.714, and in subpart O of this
part. Further, operators of offshore
gathering lines are exempt from the
requirements of §§ 192.617(b) through
(d) and 192.635. Lastly, operators of
offshore gathering lines are exempt from
the requirements of § 192.615 (but an
operator of an offshore gathering line
must comply with the requirements of
49 CFR 192.615, effective as of October
4, 2022).
(c) Type A lines. An operator of a
Type A regulated onshore gathering line
must comply with the requirements of
this part applicable to transmission
lines, except the requirements in
§§ 192.13(d), 192.150, 192.285(e),
192.319(d) through (g), 192.461(f)
through (i), 192.465(d) and (f),
192.473(c), 192.478, 192.485(c) 192.493,
192.506, 192.607, 192.613(c),
192.619(e), 192.624, 192.710, 192.712,
and 192.714, and in subpart O of this
part. However, an operator of a Type A
regulated onshore gathering line in a
Class 2 location may demonstrate
compliance with subpart N of this part
by describing the processes it uses to
determine the qualification of persons
performing operations and maintenance
tasks. Further, operators of Type A
regulated onshore gathering lines are
exempt from the requirements of
§§ 192.179(e) through (g), 192.610,
192.617(b) through (d), 192.634,
192.635, 192.636, and 192.745(c)
through (f). Lastly, operators of Type A
regulated onshore gathering lines are
exempt from the requirements of
§ 192.615 (but an operator of a Type A
regulated onshore gathering line must
comply with the requirements of 49 CFR
192.615, effective as of October 4, 2022).
*
*
*
*
*
(e) * * *
(1) * * *
(iv) Develop and implement
procedures for emergency plans in
accordance with the requirements of 49
CFR 192.615, effective as of October 4,
2022;
*
*
*
*
*
4. Amend § 192.179 by revising
paragraphs (e) and (f) to read as follows:
■
§ 192.179
*
*
Transmission line valves.
*
VerDate Sep<11>2014
*
*
16:03 Jul 31, 2023
Jkt 259001
(e) For onshore transmission pipeline
segments with diameters greater than or
equal to 6 inches that are constructed
after April 10, 2023, the operator must
install rupture-mitigation valves (RMV)
or an alternative equivalent technology
whenever a valve must be installed to
meet the appropriate valve spacing
requirements of this section. An
operator seeking to use alternative
equivalent technology must notify
PHMSA in accordance with the
procedures set forth in paragraph (g) of
this section. All RMVs and alternative
equivalent technologies installed
pursuant to this paragraph (e) must meet
the requirements of § 192.636. The
installation requirements in this
paragraph (e) do not apply to pipe
segments with a potential impact radius
(PIR), as defined in § 192.903, that is
less than or equal to 150 feet in either
Class 1 or Class 2 locations. An operator
may request an extension of the
installation compliance deadline
requirements of this paragraph (e) if it
can demonstrate to PHMSA, in
accordance with the notification
procedures in § 192.18, that those
installation compliance deadlines
would be economically, technically, or
operationally infeasible for a particular
new pipeline.
(f) For entirely replaced onshore
transmission pipeline segments, as
defined in § 192.3, with diameters
greater than or equal to 6 inches and
that are installed after April 10, 2023,
the operator must install RMVs or an
alternative equivalent technology
whenever a valve must be installed to
meet the appropriate valve spacing
requirements of this section. An
operator seeking to use alternative
equivalent technology must notify
PHMSA in accordance with the
procedures set forth in paragraph (g) of
this section. All RMVs and alternative
equivalent technologies installed
pursuant to this paragraph (f) must meet
the requirements of § 192.636. The
requirements of this paragraph (f) apply
when the applicable pipeline
replacement project involves a valve,
either through addition, replacement, or
removal. The installation requirements
in this paragraph (f) do not apply to
pipe segments with a PIR, as defined in
§ 192.903, that is less than or equal to
150 feet in either Class 1 or Class 2
locations. An operator may request an
extension of the installation compliance
deadline requirements of this paragraph
(f) if it can demonstrate to PHMSA, in
accordance with the notification
procedures in § 192.18, that those
installation compliance deadlines
would be economically, technically, or
PO 00000
Frm 00069
Fmt 4700
Sfmt 4700
50061
operationally infeasible for a particular
pipeline replacement project.
*
*
*
*
*
■ 5. Amend § 192.610 by revising
paragraph (b) introductory text to read
as follows:
§ 192.610 Change in class location:
Change in valve spacing.
*
*
*
*
*
(b) If a class location change on a gas
transmission pipeline occurs after
October 5, 2022, and results in pipe
replacement of less than 2 miles within
5 contiguous miles during a 24-month
period, to meet the MAOP requirements
in § 192.611, § 192.619, or § 192.620,
then within 24 months of the class
location change, in accordance with
§ 192.611(d), the operator must either:
*
*
*
*
*
■ 6. Amend § 192.634 by:
■ a. Revising paragraph (b)(3); and
■ b. Removing paragraph (c).
The revision reads as follows:
§ 192.634 Transmission lines: Onshore
valve shut-off for rupture mitigation.
*
*
*
*
*
(b) * * *
(3) Laterals. Laterals extending from
shut-off segments that contribute less
than 5 percent of the total shut-off
segment volume may have RMVs or
alternative equivalent technologies that
meet the actuation requirements of this
section at locations other than mainline
receipt/delivery points, as long as all of
the laterals contributing gas volumes to
the shut-off segment do not contribute
more than 5 percent of the total shut-off
segment gas volume based upon
maximum flow volume at the operating
pressure. For laterals that are 12 inches
in diameter or less, a check valve that
allows gas to flow freely in one
direction and contains a mechanism to
automatically prevent flow in the other
direction may be used as an alternative
equivalent technology where it is
positioned to stop flow into the shut-off
segment. Such check valves that are
used as an alternative equivalent
technology in accordance with this
paragraph (b)(3) are not subject to
§ 192.636, but they must be inspected,
operated, and remediated in accordance
with § 192.745, including for closure
and leakage to ensure operational
reliability. An operator using such a
check valve as an alternative equivalent
technology must notify PHMSA in
accordance with §§ 192.18 and 192.179
and develop and implement
maintenance procedures for such
equipment that meet § 192.745.
*
*
*
*
*
E:\FR\FM\01AUR1.SGM
01AUR1
50062
Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations
7. Amend § 192.636 by adding
paragraph (h) to read as follows:
■
§ 192.636 Transmission lines: Response to
a rupture; capabilities of rupture-mitigation
valves (RMVs) or alternative equivalent
technologies.
*
*
*
*
*
(h) Manual operation upon
identification of a rupture. Operators
using a manual valve as an alternative
equivalent technology as authorized
pursuant to §§ 192.18, 192.179, and
192.634 and this section must develop
and implement operating procedures
that appropriately designate and locate
nearby personnel to ensure valve shutoff
in accordance with this section and
§ 192.634. Manual operation of valves
must include time for the assembly of
necessary operating personnel, the
acquisition of necessary tools and
equipment, driving time under heavy
traffic conditions and at the posted
speed limit, walking time to access the
valve, and time to shut off all valves
manually, not to exceed the maximum
response time allowed under paragraph
(b) or (c) of this section.
PART 195—TRANSPORTATION OF
HAZARDOUS LIQUIDS BY PIPELINE
8. The authority citation for part 195
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.
9. Amend § 195.2 by:
a. Revising the definition for ‘‘Entirely
replaced onshore hazardous liquid or
carbon dioxide pipeline segments’’;
■ b. Removing the definition
‘‘Notification of Potential Rupture’’ and
adding the definition ‘‘Notification of
potential rupture’’ in its place; and
■ c. Revising the definition for
‘‘Rupture-mitigation valve’’.
The revisions and addition read as
follows:
■
■
§ 195.2
Definitions.
lotter on DSK11XQN23PROD with RULES1
*
*
*
*
*
Entirely replaced onshore hazardous
liquid or carbon dioxide pipeline
segments, for the purposes of
§§ 195.258, 195.260, and 195.418,
means where 2 or more miles of pipe,
in the aggregate, have been replaced
within any 5 contiguous miles within
any 24-month period. This definition
does not apply to any gathering line.
*
*
*
*
*
Notification of potential rupture
means the notification to, or observation
by, an operator of indicia identified in
§ 195.417 of a potential unintentional or
uncontrolled release of a large volume
of commodity from a pipeline. This
VerDate Sep<11>2014
16:03 Jul 31, 2023
Jkt 259001
definition does not apply to any
gathering line.
*
*
*
*
*
Rupture-mitigation valve (RMV)
means an automatic shut-off valve
(ASV) or a remote-control valve (RCV)
that a pipeline operator uses to
minimize the volume of hazardous
liquid or carbon dioxide released from
the pipeline and to mitigate the
consequences of a rupture. This
definition does not apply to any
gathering line.
*
*
*
*
*
■ 10. Amend § 195.11 by revising
paragraph (b)(2) to read as follows:
§ 195.11 What is a regulated rural
gathering line and what requirements
apply?
*
*
*
*
*
(b) * * *
(2) For steel pipelines constructed,
replaced, relocated, or otherwise
changed after July 3, 2009:
(i) Design, install, construct, initially
inspect, and initially test the pipeline in
compliance with this part, unless the
pipeline is converted under § 195.5.
(ii) [Reserved]
*
*
*
*
*
■ 11. Amend § 195.258 by revising
paragraph (e) and adding paragraph (f)
to read as follows:
§ 195.258
Valves: General.
*
*
*
*
*
(e) If an operator elects to use
alternative equivalent technology in
accordance with paragraph (c) or (d) of
this section, the operator must notify
PHMSA in accordance with § 195.18.
The operator must include a technical
and safety evaluation in its notice to
PHMSA. Valves that are installed as
alternative equivalent technology must
comply with §§ 195.418, 195.419, and
195.420. An operator requesting use of
manual valves as an alternative
equivalent technology must also include
within the notification submitted to
PHMSA a demonstration that
installation of an RMV as otherwise
required would be economically,
technically, or operationally infeasible.
An operator may use a manual pump
station valve at a continuously manned
station as an alternative equivalent
technology. Such a valve used as an
alternative equivalent technology would
not require a notification to PHMSA in
accordance with § 195.18, but it must
comply with §§ 195.419 and 195.420.
(f) The requirements of paragraphs (c)
through (e) of this section do not apply
to gathering lines.
■ 12. Amend § 195.260 by adding
paragraph (i) to read as follows:
PO 00000
Frm 00070
Fmt 4700
Sfmt 4700
§ 195.260
Valves: Location.
*
*
*
*
*
(i) An operator of a gathering line
must only comply with the
requirements of 49 CFR 195.260
effective as of October 4, 2022, and need
not comply with the other requirements
of this section.
■ 13. Amend § 195.402 by revising
paragraph (c)(5)(ii) introductory text and
adding paragraph (g) to read as follows:
§ 195.402 Procedural manual for
operations, maintenance, and emergencies.
*
*
*
*
*
(c) * * *
(5) * * *
(ii) Analysis of rupture and valve
shut-offs; preventive and mitigative
measures. If a failure or accident on an
onshore hazardous liquid or carbon
dioxide pipeline involves the closure of
a rupture-mitigation valve (RMV), as
defined in § 195.2, or the closure of an
alternative equivalent technology, the
operator of the pipeline must also
conduct a post-failure or post-accident
analysis of all the factors that may have
impacted the release volume and the
consequences of the release, and
identify and implement operations and
maintenance measures to minimize the
consequences of a future failure or
accident. The analysis must include all
relevant factors impacting the release
volume and the consequences,
including, but not limited to, the
following:
*
*
*
*
*
(g) Exception. An operator of a
gathering line must only comply with
the requirements of 49 CFR 195.402
effective as of October 4, 2022, and need
not comply with the other requirements
of this section.
14. Amend § 195.417 by revising
paragraphs (a) introductory text and
(a)(3) and adding paragraph (c) to read
as follows:
■
§ 195.417
Notification of potential rupture.
(a) As used in this part, a notification
of potential rupture means the
notification to, or observation by, an
operator (e.g., by or to its controller(s) in
a control room, field personnel, nearby
pipeline or utility personnel, the public,
local responders, or public authorities)
of one or more of the below indicia of
a potential unintentional or
uncontrolled release of a large volume
of hazardous liquids or carbon dioxide
from a pipeline:
*
*
*
*
*
(3) Any unanticipated or unexplained
rapid release of a large volume of
hazardous liquid or carbon dioxide, a
E:\FR\FM\01AUR1.SGM
01AUR1
Federal Register / Vol. 88, No. 146 / Tuesday, August 1, 2023 / Rules and Regulations
fire, or an explosion, in the immediate
vicinity of the pipeline.
*
*
*
*
*
(c) The requirements of this section
do not apply to gathering lines.
■ 15. Amend § 195.418 by revising
paragraph (b)(3) and adding paragraph
(d) to read as follows:
§ 195.418 Valves: Onshore valve shut-off
for rupture mitigation.
*
*
*
*
*
(b) * * *
(3) Laterals. Laterals extending from
shut-off segments that contribute less
than 5 percent of the total shut-off
segment volume may have RMVs or
alternative equivalent technologies that
meet the actuation requirements of this
section at locations other than mainline
receipt/delivery points, as long as all of
these laterals contributing hazardous
liquid or carbon dioxide volumes to the
shut-off segment do not contribute more
than 5 percent of the total shut-off
segment volume, based upon maximum
flow volume at the operating pressure.
A check valve may be used as an
alternative equivalent technology where
it is positioned to stop flow into the
lateral. Check valves used as an
alternative equivalent technology in
accordance with this paragraph (b)(3)
are not subject to § 195.419 but must be
inspected, operated, and remediated in
accordance with § 195.420, including
for closure and leakage, to ensure
operational reliability. An operator
using such a valve as an alternative
equivalent technology must submit a
request to PHMSA in accordance with
§ 195.18.
*
*
*
*
*
(d) Exception. The requirements of
this section do not apply to gathering
lines.
■ 16. Amend § 195.419 by adding
paragraph (h) to read as follows:
§ 195.419
Valve capabilities.
*
*
*
*
*
(h) Exception. The requirements of
this section do not apply to gathering
lines.
■ 17. Amend § 195.420 by revising
paragraph (b) and adding paragraph (h)
to read as follows:
§ 195.420
Valve maintenance.
lotter on DSK11XQN23PROD with RULES1
*
*
*
*
*
(b) Each operator must, at least twice
each calendar year, but at intervals not
exceeding 71⁄2 months, inspect each
mainline valve to determine that it is
functioning properly. Each rupturemitigation valve (RMV), as defined in
§ 195.2 and not contained in a gathering
line, or alternative equivalent
VerDate Sep<11>2014
16:03 Jul 31, 2023
Jkt 259001
technology that is installed under
§ 195.258(c) or § 195.418, must also be
partially operated. Operators are not
required to close the valve fully during
the inspection; a minimum 25 percent
valve closure is sufficient to
demonstrate compliance, unless the
operator has operational information
that requires an additional closure
percentage for maintaining reliability.
*
*
*
*
*
(h) The requirements of paragraphs
(d) through (g) of this section do not
apply to gathering lines.
18. Amend § 195.452 by revising
paragraph (i)(4) introductory text and
adding paragraph (i)(4)(iv) to read as
follows:
■
§ 195.452 Pipeline integrity management in
high consequence areas.
*
*
*
*
*
(i) * * *
(4) Emergency Flow Restricting
Devices (EFRD). If an operator
determines that an EFRD is needed on
a pipeline segment that is located in, or
which could affect, a high-consequence
area (HCA) in the event of a hazardous
liquid pipeline release, an operator must
install the EFRD. In making this
determination, an operator must, at
least, evaluate the following factors—the
swiftness of leak detection and pipeline
shutdown capabilities, the type of
commodity carried, the rate of potential
leakage, the volume that can be
released, topography or pipeline profile,
the potential for ignition, proximity to
power sources, location of nearest
response personnel, specific terrain
within the HCA or between the pipeline
segment and the HCA it could affect,
and benefits expected by reducing the
spill size. An RMV installed under this
paragraph (i)(4) must meet all of the
other applicable requirements in this
part, provided that the requirement of
this sentence does not apply to
gathering lines.
*
*
*
*
*
(iv) The requirements of paragraphs
(i)(4)(i) through (iii) of this section do
not apply to gathering lines.
*
*
*
*
*
Issued in Washington, DC, on July 21,
2023, under authority delegated in 49 CFR
1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2023–15904 Filed 7–31–23; 8:45 am]
BILLING CODE 4910–60–P
PO 00000
Frm 00071
Fmt 4700
Sfmt 4700
50063
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 230726–0175]
RIN 0648–BM13
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Resources of the Gulf of Mexico;
Commercial Trip Limit for Gray
Triggerfish
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS implements a
management measure through this final
rule as described in a framework action
under the Fishery Management Plan for
the Reef Fish Resources of the Gulf of
Mexico. This final rule increases the
commercial trip limit for gray triggerfish
in the Gulf of Mexico from 16 fish to 25
fish. The purpose of this action is to
increase the commercial trip limit to
allow commercial fishermen the
opportunity to harvest the commercial
annual catch target of gray triggerfish.
DATES: This final rule is effective on
September 11, 2023.
ADDRESSES: An electronic copy of the
framework document that contains an
environmental assessment and a
Regulatory Flexibility Act (RFA)
analysis, and provides the rationale for
this final rule, is available from the
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
modification-gray-triggerfishcommercial-trip-limits. The proposed
rule for this action is available from the
same Southeast Regional Office website
or from www.regulations.gov by
searching ‘‘NOAA–NMFS–2023–0044.’’
FOR FURTHER INFORMATION CONTACT:
Peter Hood, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
peter.hood@noaa.gov.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico Fishery Management Council
(Council) manages reef fish in Federal
waters of the Gulf of Mexico (Gulf)
under the Fishery Management Plan for
the Reef Fish Resources of the Gulf of
Mexico (Reef Fish FMP or FMP). The
Gulf Council prepared the Reef Fish
FMP, and NMFS implements the FMP
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act) (16 U.S.C. 1801 et seq.).
SUMMARY:
E:\FR\FM\01AUR1.SGM
01AUR1
]]>Agencies
[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Rules and Regulations]
[Pages 50056-50063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15904]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 192 and 195
[Docket No. PHMSA-2013-0255; Amdt. Nos. 192-134, 195-106]
RIN 2137-AF06
Pipeline Safety: Requirement of Valve Installation and Minimum
Rupture Detection Standards: Technical Corrections
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Correcting amendments.
-----------------------------------------------------------------------
SUMMARY: PHMSA is issuing editorial and technical corrections
clarifying the regulations promulgated in its April 8, 2022, final rule
titled ``Pipeline Safety: Requirement of Valve Installation and Minimum
Rupture Detection Standards'' for certain gas, hazardous liquid, and
carbon dioxide pipelines. The final rule also codifies the results of
judicial review of that final rule.
DATES: These corrections are effective as of August 1, 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 email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Corrections
On April 8, 2022, PHMSA published a final rule titled ``Pipeline
Safety: Requirement of Valve Installation and Minimum Rupture Detection
Standards'' \1\ (final rule) amending the Federal Pipeline Safety
Regulations (49 CFR parts 190 through 199) to, among other provisions,
require the installation of rupture-mitigation valves (RMV) or
alternative equivalent technologies and establish minimum performance
standards for the operation of those valves to mitigate the public
safety and environmental consequences of pipeline ruptures. The final
rule became effective on October 5, 2022. This document identifies
several editorial and technical corrections clarifying those
regulations, as set forth below.
---------------------------------------------------------------------------
\1\ 87 FR 20940 (Apr. 8, 2022).
---------------------------------------------------------------------------
The final rule added a new Sec. 192.179(e) requiring the
installation of rupture-mitigation valves (RMV) on certain onshore gas
pipeline segments 6 inches or greater in diameter. The paragraph
included an exemption for those pipelines in Class 1 or Class 2
locations where the potential impact radius (PIR) of the pipeline is
150 feet or less. However, a comma was inadvertently left in between
``Class 1'' and ``or Class 2 locations,'' which led some readers to
interpret that all pipelines in Class 1 locations were exempt from the
RMV installation requirements, in addition to those pipelines in Class
2 locations with a PIR of 150 feet or less. As the preamble of the
final rule explains (see, e.g., 87 FR 20942, 20972), the exemption was
meant to apply to pipelines with a PIR of 150 feet or less in either
Class 1 locations or Class 2 locations. Therefore, PHMSA is correcting
that regulatory text in this document by removing the comma,
restructuring the sentence for clarity, and adding ``either'' before
the reference to Class 1 and Class 2. PHMSA is also making a conforming
change to Sec. 192.179(f), which contained similar language and will
reflect the same regulatory intent.
Additionally, PHMSA is also correcting Sec. 192.179(e) and (f) by
removing a potentially confusing cross-
[[Page 50057]]
reference. At both Sec. 192.179(e) and (f), the regulatory text states
that, for applicable pipelines, ``all RMVs and alternative equivalent
technologies installed pursuant to [these] paragraphs must meet the
requirements of Sec. Sec. 192.634 and 192.636.'' The requirement for
valve installation under paragraphs (e) and (f) of Sec. 192.179 was
intended to apply to pipelines in all class locations and regardless of
a pipeline's high-consequence area (HCA) status, as applicable.
However, paragraph (a) of Sec. 192.634 states that section is only
applicable to certain pipelines located in HCAs or in Class 3 or Class
4 locations. Therefore, with the cross-reference to Sec. 192.634 in
Sec. 192.179, it may be unclear as to what installation requirements
pipelines in non-HCA Class 1 or Class 2 locations must follow.
Accordingly, in this document, PHMSA is deleting the cross-references
to Sec. 192.634 from the valve installation requirements at Sec.
192.179(e) and (f) so that it is clear that all new pipelines,
regardless of HCA status or class location, must install RMVs in
accordance with Sec. 192.179. This change does not otherwise impact
the additional requirements at Sec. 192.634 specific to certain
pipelines located in HCAs or in Class 3 or Class 4 locations.
The final rule also added a new Sec. 192.610 that established the
valve spacing requirements certain gas pipeline operators must follow
when a class location change occurs. Paragraph (a) of Sec. 192.610, by
its reference to ``transmission,'' provides these requirements apply to
class location changes on onshore gas transmission pipelines. In
contrast, paragraph (b), as written, did not include the reference to
``transmission'' that would limit application of that paragraph in the
same manner as paragraph (a). As a result, some readers were confused
regarding whether the provisions in paragraph (b) were intended to
apply to different pipelines than those subject to paragraph (a). PHMSA
did not intend for paragraphs (a) and (b) to apply to different
pipelines. Therefore, PHMSA is amending paragraph (b) to add a
reference to ``transmission'' mirroring that in paragraph (a), thereby
clarifying those provisions will have the same scope of application.
In Sec. 192.634, PHMSA notes that there was an ``and'' omitted
from paragraph (b)(3) that could potentially cause confusion. In this
document, PHMSA is correcting this error by inserting the word ``and''
following the comma after the references to Sec. Sec. 192.18 and
192.179 and the word ``develop.''
When drafting the final rule, PHMSA created a new Sec. 192.636
that contained the operational requirements for RMVs. The notice of
proposed rulemaking \2\ (NPRM) had proposed these requirements in Sec.
192.634, which also contained design and installation requirements for
pipelines in Class 3 locations, Class 4 locations, and HCAs
specifically. In the final rule, PHMSA moved the majority of the
operational requirements, including those for rupture identification,
valve shut-off time, and flow modeling for automatic shut-off valves
(ASVs), into the new Sec. 192.636, so that it was clear that these
operational requirements applied to all RMVs. However, in the final
rule, PHMSA inadvertently neglected to relocate from Sec. 192.634 into
the new Sec. 192.636 one operational requirement it had proposed in
the NPRM for the manual operation of valves upon identification of a
rupture. Therefore, PHMSA is correcting that oversight in this
correction document by moving Sec. 192.634(c) into Sec. 192.636 at a
new paragraph (h). The requirements at Sec. 192.634 are otherwise
unchanged. PHMSA is also adding to that relocated language each of (1)
in the first sentence, a cross-reference to the RMV installation
requirement and valve shut-off requirement at Sec. 192.634, and (2) in
the last sentence, a reference to Sec. 192.636(c) (governing RMV
operation beyond the 30-minute default timeline set forth in Sec.
192.636(b)) that had been inadvertently omitted from the final rule.
---------------------------------------------------------------------------
\2\ 85 FR 7162 (Feb. 6, 2020).
---------------------------------------------------------------------------
PHMSA also in Sec. 195.258(e) mistakenly provided that operators
could use a ``manual compressor station valve'' at a continuously
manned station as an alternative equivalent technology. As hazardous
liquid pipelines have pump stations, and not compressor stations, this
phrasing could cause confusion. Accordingly, in this document, PHMSA is
correcting this at Sec. 195.258(e) by revising the phrase ``manual
compressor station valve'' to read ``manual pump station valve.''
At Sec. 195.402(c)(5)(ii) of the final rule, PHMSA uses the term
``incident'' when discussing the identification and implementation of
preventive and mitigative measures following the analyses of ruptures
and RMV valve closures on hazardous liquid pipelines. As ``incident''
is a defined term in part 192 and not part 195, PHMSA believes there
could be some potential confusion regarding the requirements of that
paragraph. Accordingly, in this document, PHMSA is revising the term
``incident'' at Sec. 195.402(c)(5)(ii) to read ``accident'' to be
consistent with part 195 terminology.
PHMSA established a new Sec. 195.417 in the final rule to describe
a ``notification of potential rupture'' for hazardous liquid and carbon
dioxide pipelines. The introductory text of paragraph (a) of that
section contains an error that ``a notification of a potential rupture
``means refers'' to the notification to [. . .].'' In this document,
PHMSA is correcting that typographical error to read ``a notification
of potential rupture means the notification to [. . .].'' Additionally,
PHMSA noted that the regulatory text in that section lacked an explicit
reference to the uncontrolled release of carbon dioxide in addition to
hazardous liquids. PHMSA explained in the final rule that, in the
interest of convenience, it understood references to ``hazardous
liquid'' within the preamble discussion of the final rule's regulatory
amendments to refer to both carbon dioxide and hazardous liquids. See
87 FR 20940 at n. 1. Consistent with that approach, most of the
regulatory language amended by the final rule explicitly extended the
final rule's RMV installation and operation requirements to both
hazardous liquid pipelines and carbon dioxide pipelines; however, PHMSA
inadvertently omitted including explicit reference to carbon dioxide
within Sec. 195.417's elaboration on the ``notification of potential
rupture.'' Therefore, PHMSA has revised both the introductory text of
paragraph (a) and paragraph (a)(3), where appropriate, to clarify that
a ``notification of potential rupture'' can be triggered by one or more
of the indicia of a potential unintentional or uncontrolled release of
either hazardous liquids or carbon dioxide.
Similarly, in Sec. 195.418, paragraph (a) states that the
requirements of the section apply to both hazardous liquid and carbon
dioxide pipelines. After publication of the final rule, PHMSA noticed
that paragraph (b)(3) of the section, ``laterals,'' did not
specifically mention ``carbon dioxide'' when discussing the commodity
volumes that factor into the shut-off segment volume. Therefore, to
clarify the fact that carbon dioxide laterals are also applicable to
the requirements of paragraph (b)(3), PHMSA has inserted the term
``carbon dioxide'' where appropriate.
Prior to the final rule publishing, Sec. 195.420(b) stated that
``each operator shall, at intervals not exceeding 7\1/2\ months, but at
least twice each calendar year, inspect each mainline valve to
determine that it is functioning properly.'' In the NPRM \3\ for the
final
[[Page 50058]]
rule, PHMSA essentially retained this requirement and added that
operators must partially operate valves installed in accordance with
Sec. 195.258(c) and RMVs, as they were defined under proposed Sec.
195.418. However, in the final rule, the word ``mainline'' was removed
from paragraph (b), which then caused the paragraph to require that
``each operator must, at least twice each calendar year but at
intervals not exceeding 7\1/2\ months, inspect each valve to determine
that it is functioning properly.'' PHMSA understands that removing the
word ``mainline'' from those requirements could be interpreted to mean
that PHMSA expects all valves to be inspected and maintained at the
intervals specified within that paragraph, even valves such as those
within pump stations. It was never PHMSA's intent to expand the valve
maintenance requirement to all valves, and this is reflected throughout
both the discussion in the preamble of the final rule and in the Liquid
Pipeline Advisory Committee (LPAC) discussion and voting, where such an
expansion is not contemplated. Therefore, in this document, PHMSA is
correcting this omission by reinserting the word ``mainline'' in the
requirements of Sec. 195.420(b).
---------------------------------------------------------------------------
\3\ 85 FR 7162 (Feb. 6, 2020).
---------------------------------------------------------------------------
PHMSA also revised the valve maintenance requirements at Sec.
195.420(b) to include specific provisions for RMVs. More specifically,
PHMSA added RMV-specific requirements where operators are required to
partially operate each RMV or alternative equivalent technology as a
part of the requirement for operators to inspect each valve at least
twice per calendar year. The requirement continues to state that
``operators are not required to close the valve fully during the drill
[. . .].'' PHMSA notes that, as distinguishable response time drills
requirements for manually or locally operated alternative equivalent
technology are set out in Sec. 195.420(e), there could be some
confusion as to what the reference to ``drill'' means in the context of
paragraph (b). Therefore, in this document, PHMSA is replacing the term
``drill'' used in paragraph (b) with ``inspection'' to more closely
align with the language used earlier within the same paragraph and
better distinguish between the ``inspections'' required under Sec.
195.420(b) and the ``drills'' conducted pursuant to Sec. 195.420(e).
II. D.C. Circuit Review of the Final Rule
On May 16, 2023, the U.S. Court of Appeals for the District of
Columbia Circuit (D.C. Circuit) vacated the final rule as it applies to
gas and hazardous liquid gathering pipelines.\4\ Therefore, in this
document, PHMSA is removing gathering line-specific amendments
introduced in the final rule and revising the regulatory text
throughout parts 192 and 195 to clarify that the final rule amendments
do not apply to gas or hazardous liquid gathering lines. These
corrections include revisions to Sec. Sec. 192.3, 192.9(b), (c), and
(e)(1)(iv), 195.2, 195.11(b)(2), 195.258, 195.260, 195.402, 195.417,
195.418, 195.419, 195.420, and 195.452. Specific amendments are
discussed below:
---------------------------------------------------------------------------
\4\ GPA Midstream Ass'n v. U.S. Dep't of Transp., 67 F.4th 1188
(D.C. Cir. 2023). The D.C. Circuit's vacatur remedy is self-
executing: PHMSA's memorialization in this notice of the court's
vacatur as to gas and hazardous liquid gathering lines is not
legally required but is intended to assist affected pipeline
operators and other stakeholders in understanding precisely what
requirements remain effective following the D.C. Circuit's decision.
---------------------------------------------------------------------------
Sections 192.3 and 195.2 are being revised to exempt
gathering lines from the new definitions introduced in the final rule
(``entirely replaced onshore transmission segments,'' ``entirely
replaced onshore hazardous liquid or carbon dioxide segments,''
``notification of potential rupture,'' and ``rupture-mitigation
valve''). While some of those definitions may not have been used within
provisions applicable to gas or hazardous liquid gathering lines, the
term ``notification of potential rupture'' was used in sections of
parts 192 and 195 that had been applicable to gathering lines.
Nevertheless, to minimize confusion for operators, PHMSA is now
revising all of the final rule's new definitions to incorporate
explicit exceptions for gathering lines so as to ensure that operators
are not subject to those terms.
Section 192.9 is being revised to ensure that this section
accurately lists the provisions of part 192 applicable to part 192-
regulated gas gathering lines by: (1) excluding Sec. Sec. 192.615 (to
the extent modified by the final rule \5\), 192.617(b) through (d), and
192.635 from applying to offshore gas gathering lines; (2) excluding
Sec. Sec. 192.179(e) through (g), 192.610, 192.615 (to the extent
modified by the final rule), 192.617(b) through (d), 192.634, 192.635,
192.636, and 192.745(c) through (f) from applying to Type A regulated
onshore gas gathering lines; and (3) excluding Sec. 192.615 (to the
extent modified by the final rule) from applying to Type C regulated
onshore gas gathering lines. While the language of Sec. 192.617(a)
(formerly Sec. 192.617) was modified slightly in the final rule, the
preamble of the final rule explains that these non-substantive changes
simply provided ``additional specificity to the existing regulation at
Sec. 192.617,'' and that ``the underlying requirement remained
unchanged,'' \6\ and therefore PHMSA is not exempting gas gathering
lines from Sec. 192.617(a) in this document. No revisions were
required to exempt Types B and C gas gathering lines from Sec.
192.610, Sec. 192.617(b) through (d), Sec. 192.634, Sec. 192.635,
Sec. 192.636, or Sec. 192.745(c) through (f), nor to exempt Type B
gas gathering lines from the revised requirements of Sec. 192.615,
because those sections are already non-applicable to those types of
pipelines pursuant to Sec. 192.9(d) and (e). Similarly, no revisions
were required to exempt offshore gas gathering lines from Sec. Sec.
192.179(e) through (g), 192.610, 192.634, 192.636, and 192.745(c)
through (f), since those sections are limited to onshore gas pipelines.
---------------------------------------------------------------------------
\5\ PHMSA notes that, where the regulatory text of a provision
requires compliance with the language in effect on October 4, 2022
(immediately before the October 5, 2022 effective date of the final
rule), that historical regulatory text can be found by using the
``view historical versions'' link on the National Archives' web page
for the current version of parts 192 and 195 of the Code of Federal
Regulations. See https://www.ecfr.gov/current/title-49.
\6\ 87 FR 20969.
---------------------------------------------------------------------------
Finally, PHMSA is revising Sec. Sec. 195.258, 195.260,
195.402, 195.417, 195.418, 195.419, 195.420, and 195.452 to expressly
exempt hazardous liquid gathering lines from the requirements in those
sections that were introduced in the final rule. For clarity, PHMSA is
also revising Sec. 195.11(b)(2) to remove cross-references to any of
those requirements.
PHMSA revised Sec. 195.11(b)(2) in the final rule to establish the
regulated rural gathering lines on which operators are required to
install RMVs (at Sec. 195.11(b)(2)(ii)). While the RMV installation
requirement at Sec. 195.11(b)(2)(ii) has been vacated by the D.C.
Circuit and is therefore being removed in this document, PHMSA is also
correcting a typographical error introduced in Sec. 195.11(b)(2) when
the word ``constructed'' was mistakenly written as ``contracted''
during transcription of the original paragraph in the final rule.
III. Regulatory Analyses and Notices
A. Statutory/Legal Authority
Statutory authority for this document's corrections to the final
rule, as with the final rule itself, whose discussion of statutory
authority at section VI.A., 87 FR 20978, is incorporated herein by
reference, 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
[[Page 50059]]
PHMSA Administrator under 49 CFR 1.97.
PHMSA finds it has good cause to make these 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. As explained above, the textual
alterations herein consist of editorial and technical corrections,
including revisions to or codification of regulatory language (1)
inadvertently deleted or omitted by the final rule, consistent with
statements in the administrative record (including the preamble and
amendatory text to the final rule and that make no substantive changes
to the final rule but merely facilitate its implementation by aligning
the regulatory text with the explanatory material in the final rule's
preamble, amendatory text, and administrative record; or (2) consistent
with judicial review of the final rule.\7\ Because the final rule is
the product of an extensive administrative record with numerous
opportunities for public comment, including through written comments
and the Pipeline Advisory Committees, and because any requirements of
the final rule vacated by the D.C. Circuit must be removed and
``commentators could not have said anything during a notice and comment
period that would have changed that fact,'' \8\ PHMSA finds that
additional comment on the corrections herein is unnecessary.
---------------------------------------------------------------------------
\7\ GPA Midstream Ass'n v. U.S. Dep't of Transp., 67 F.4th at
1201-1202. The D.C. Circuit has held that use of the APA's good
cause exception is appropriate ``when rulemaking without notice and
comment is `a reasonable and perhaps inevitable response to' a
`court order.''' EME Homer City Generation, LP v. EPA, 795 F.3d 118,
134-35 (D.C. Cir. 2015).
\8\ EME Homer City Generation, LP v. EPA, 795 F.3d at 134.
---------------------------------------------------------------------------
The immediate effective date of the corrections contained in this
document is authorized under 5 U.S.C. 553(d)(3) of the APA. Section
553(d)(3) provides that a rule should take effect ``not less than 30
days'' after publication in the Federal Register, except for when good
cause is found by the agency and published within the rule, thus
allowing for earlier effectiveness. 5 U.S.C. 553(d)(3). ``[T]he purpose
of the thirty-day waiting period is to give affected parties a
reasonable time to adjust their behavior before the final rule takes
effect.'' Omnipoint Corp. v. F.C.C., 78 F.3d 620, 630 (D.C. Cir. 1996).
PHMSA finds that good cause under section 553(d)(3) of the APA supports
making the revisions effective upon publication in the Federal Register
because the editorial and technical corrections at Sec. Sec.
192.179(e) and (f), 192.610(b), 192.634, 192.636, 195.11(b)(2),
195.258(e), 195.402(c)(5)(ii), 195.417(a) introductory text and (a)(3),
195.418(b)(3), and 195.420(b) provide regulatory clarity for gas and
hazardous liquid pipeline operators, and the correction to Sec.
195.420 returning the word ``mainline'' to the regulations is
consistent with the preamble of the final rule and the LPAC discussions
on the subject.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This document has been evaluated in accordance with existing
policies and procedures, and is considered not significant under
Executive Order 12866 (``Regulatory Planning and Review''),\9\ as
amended by Executive Order 14094 (``Modernizing Regulatory
Review''),\10\ and DOT Order 2100.6A (``Rulemaking and Guidance
Procedures''); therefore, this document has not been reviewed by the
Office of Management and Budget (OMB). PHMSA finds that the editorial
and technical corrections herein, in all respects consistent with the
final rule (as modified by judicial review), impose no incremental
compliance costs nor adversely affect safety, as they either (1) merely
correct non-substantive typographical errors made during the drafting
of the final rule and restore the intent of the final rule as discussed
in its preamble and supporting documentation, or (2) codify the results
of judicial review limiting the scope of application of the final rule.
---------------------------------------------------------------------------
\9\ 58 FR 51735 (Oct. 4, 1993).
\10\ 88 FR 21879 (Apr. 11, 2023).
---------------------------------------------------------------------------
C. Regulatory Flexibility Act
The Regulatory Flexibility Act, as amended by the Small Business
Regulatory Flexibility Fairness Act of 1996 (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).\11\ The
Small Business Administration's implementing guidance explains that
``[i]f an NPRM is not required, the RFA does not apply.'' \12\ Because
PHMSA has ``good cause'' under the APA to forego comment on the
corrections herein, no FRFA is required. Moreover, PHMSA prepared a
FRFA for the final rule, which is available in the docket for this
rulemaking; \13\ because the corrections herein will impose no new
incremental compliance costs, the analysis in that FRFA remains
unchanged.
---------------------------------------------------------------------------
\11\ 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 corrections herein.
\12\ Small Business Administration, ``A Guide for Government
Agencies: How to Comply with the Regulatory Flexibility Act'' 55
(2017).
\13\ Doc. No. PHMSA-2013-0255-0046.
---------------------------------------------------------------------------
D. Paperwork Reduction Act
The corrections in this document impose no new or revised
information collection requirements beyond those discussed in the final
rule. As explained above, the changes being made in this document are
non-substantive, and they will require no change to the current
incident and annual reporting forms and their respective instructions.
E. Unfunded Mandates Reform Act of 1995
PHMSA analyzed the corrections in this document under the factors
in the Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 1501 et
seq.) and determined that the corrections to the final rule herein do
not impose enforceable duties of $100 million or more, adjusted for
inflation, in any one year, on state, local, or tribal governments, or
on the private sector. PHMSA prepared an analysis of the UMRA
considerations in the Final Regulatory Impact Analysis for the final
rule, which is available in the docket for the rulemaking. Because the
corrections herein will impose no new incremental compliance costs, the
analysis in that UMRA discussion for the final rule need not be
changed.
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 final rule in accordance with NEPA,
implementing Council on Environmental Quality regulations (40 CFR parts
1500 through 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.\14\ The corrections to the final rule in this document
either (1) have no effect on PHMSA's earlier
[[Page 50060]]
NEPA analysis, as they are consistent with, and facilitate compliance
with, the final rule, or (2) merely codify the results of judicial
review of the final rule.
---------------------------------------------------------------------------
\14\ Final Environmental Assessment, Doc. No. PHMSA-2013-0255-
0045.
---------------------------------------------------------------------------
G. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), the DOT solicits comments from
the public to inform its rulemaking process. The DOT posts these
comments, without edit, including any personal information the
commenter provided, 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 document in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism'').\15\
The corrections herein are consistent with, and facilitate compliance
with, the final rule, and they do not have any substantial direct
effect on the states, the relationship between the Federal Government
and the states, or the distribution of power and responsibilities among
the various levels of government beyond what was accounted for in the
final rule. This document does not contain any provision that imposes
any substantial direct compliance costs on state or local governments,
nor any new provision that preempts state law. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply.\16\
---------------------------------------------------------------------------
\15\ 64 FR 43255 (Aug. 10, 1999).
\16\ Moreover, PHMSA determined that the final rule did not
impose substantial direct compliance costs on state and local
governments.
---------------------------------------------------------------------------
I. Executive Order 13211
PHMSA analyzed the final rule and determined that the requirements
of Executive Order 13211 (``Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use'') \17\ did
not apply. The corrections to the final rule herein are not a
``significant energy action'' under Executive Order 13211 either, as
they are not likely to have a significant adverse effect on supply,
distribution, or energy use. Further, OMB has not designated the
corrections herein as a significant energy action.
---------------------------------------------------------------------------
\17\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------
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'') \18\ and DOT Order
5301.1 (``Department of Transportation Policies, Programs, and
Procedures Affecting American Indians, Alaska Natives, and Tribes'').
Because none of the corrections herein have tribal implications or
impose substantial direct compliance costs on Indian tribal
governments, the funding and consultation requirements of Executive
Order 13175 do not apply.
---------------------------------------------------------------------------
\18\ 65 FR 67249 (Nov. 6, 2000).
---------------------------------------------------------------------------
K. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609 (``Promoting International Regulatory
Cooperation''),\19\ 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
corrections to the final rule in this document do not impact
international trade.
---------------------------------------------------------------------------
\19\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------
L. Regulation Identifier Number (RIN)
A 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.
M. Severability
The purpose of these editorial and technical corrections is to
facilitate operator compliance with, and codify the results of judicial
review of, the final rule. However, PHMSA recognizes that certain
provisions focus on unique topics. Therefore, PHMSA finds that each of
the editorial and technical corrections in this rule are severable and
able to function independently if severed from each other. In the event
a court were to invalidate one or more of the unique provisions of this
rule, the remaining provisions should stand, thus allowing their
continued effect.
List of Subjects
49 CFR Part 192
Gas, Natural gas, Pipeline safety, Reporting and recordkeeping
requirements.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Petroleum, Pipeline safety,
Reporting and recordkeeping requirements.
In consideration of the foregoing, PHMSA makes the following
correcting amendments to 49 CFR parts 192 and 195:
PART 192--TRANSPORTATION OF NATURAL GAS 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. Amend Sec. 192.3 by revising the definitions for ``Entirely
replaced onshore transmission pipeline segments,'' ``Notification of
potential rupture,'' and ``Rupture-mitigation valve'' to read as
follows:
Sec. 192.3 Definitions.
* * * * *
Entirely replaced onshore transmission pipeline segments means, for
the purposes of Sec. Sec. 192.179 and 192.634, where 2 or more miles,
in the aggregate, of onshore transmission pipeline have been replaced
within any 5 contiguous miles of pipeline within any 24-month period.
This definition does not apply to any gathering line.
* * * * *
Notification of potential rupture means the notification to, or
observation by, an operator of indicia identified in Sec. 192.635 of a
potential unintentional or uncontrolled release of a large volume of
gas from a pipeline. This definition does not apply to any gathering
line.
* * * * *
Rupture-mitigation valve (RMV) means an automatic shut-off valve
(ASV) or a remote-control valve (RCV) that a pipeline operator uses to
minimize the volume of gas released from the pipeline and to mitigate
the consequences of a rupture. This definition does not apply to any
gathering line.
* * * * *
0
3. Amend Sec. 192.9 by revising paragraphs (b), (c), and (e)(1)(iv) to
read as follows:
Sec. 192.9 What requirements apply to gathering lines?
* * * * *
[[Page 50061]]
(b) Offshore lines. An operator of an offshore gathering line must
comply with requirements of this part applicable to transmission lines,
except the requirements in Sec. Sec. 192.13(d), 192.150, 192.285(e),
192.319(d) through (g), 192.461(f) through (i), 192.465(d) and (f),
192.473(c), 192.478, 192.485(c), 192.493, 192.506, 192.607, 192.613(c),
192.619(e), 192.624, 192.710, 192.712, and 192.714, and in subpart O of
this part. Further, operators of offshore gathering lines are exempt
from the requirements of Sec. Sec. 192.617(b) through (d) and 192.635.
Lastly, operators of offshore gathering lines are exempt from the
requirements of Sec. 192.615 (but an operator of an offshore gathering
line must comply with the requirements of 49 CFR 192.615, effective as
of October 4, 2022).
(c) Type A lines. An operator of a Type A regulated onshore
gathering line must comply with the requirements of this part
applicable to transmission lines, except the requirements in Sec. Sec.
192.13(d), 192.150, 192.285(e), 192.319(d) through (g), 192.461(f)
through (i), 192.465(d) and (f), 192.473(c), 192.478, 192.485(c)
192.493, 192.506, 192.607, 192.613(c), 192.619(e), 192.624, 192.710,
192.712, and 192.714, and in subpart O of this part. However, an
operator of a Type A regulated onshore gathering line in a Class 2
location may demonstrate compliance with subpart N of this part by
describing the processes it uses to determine the qualification of
persons performing operations and maintenance tasks. Further, operators
of Type A regulated onshore gathering lines are exempt from the
requirements of Sec. Sec. 192.179(e) through (g), 192.610, 192.617(b)
through (d), 192.634, 192.635, 192.636, and 192.745(c) through (f).
Lastly, operators of Type A regulated onshore gathering lines are
exempt from the requirements of Sec. 192.615 (but an operator of a
Type A regulated onshore gathering line must comply with the
requirements of 49 CFR 192.615, effective as of October 4, 2022).
* * * * *
(e) * * *
(1) * * *
(iv) Develop and implement procedures for emergency plans in
accordance with the requirements of 49 CFR 192.615, effective as of
October 4, 2022;
* * * * *
0
4. Amend Sec. 192.179 by revising paragraphs (e) and (f) to read as
follows:
Sec. 192.179 Transmission line valves.
* * * * *
(e) For onshore transmission pipeline segments with diameters
greater than or equal to 6 inches that are constructed after April 10,
2023, the operator must install rupture-mitigation valves (RMV) or an
alternative equivalent technology whenever a valve must be installed to
meet the appropriate valve spacing requirements of this section. An
operator seeking to use alternative equivalent technology must notify
PHMSA in accordance with the procedures set forth in paragraph (g) of
this section. All RMVs and alternative equivalent technologies
installed pursuant to this paragraph (e) must meet the requirements of
Sec. 192.636. The installation requirements in this paragraph (e) do
not apply to pipe segments with a potential impact radius (PIR), as
defined in Sec. 192.903, that is less than or equal to 150 feet in
either Class 1 or Class 2 locations. An operator may request an
extension of the installation compliance deadline requirements of this
paragraph (e) if it can demonstrate to PHMSA, in accordance with the
notification procedures in Sec. 192.18, that those installation
compliance deadlines would be economically, technically, or
operationally infeasible for a particular new pipeline.
(f) For entirely replaced onshore transmission pipeline segments,
as defined in Sec. 192.3, with diameters greater than or equal to 6
inches and that are installed after April 10, 2023, the operator must
install RMVs or an alternative equivalent technology whenever a valve
must be installed to meet the appropriate valve spacing requirements of
this section. An operator seeking to use alternative equivalent
technology must notify PHMSA in accordance with the procedures set
forth in paragraph (g) of this section. All RMVs and alternative
equivalent technologies installed pursuant to this paragraph (f) must
meet the requirements of Sec. 192.636. The requirements of this
paragraph (f) apply when the applicable pipeline replacement project
involves a valve, either through addition, replacement, or removal. The
installation requirements in this paragraph (f) do not apply to pipe
segments with a PIR, as defined in Sec. 192.903, that is less than or
equal to 150 feet in either Class 1 or Class 2 locations. An operator
may request an extension of the installation compliance deadline
requirements of this paragraph (f) if it can demonstrate to PHMSA, in
accordance with the notification procedures in Sec. 192.18, that those
installation compliance deadlines would be economically, technically,
or operationally infeasible for a particular pipeline replacement
project.
* * * * *
0
5. Amend Sec. 192.610 by revising paragraph (b) introductory text to
read as follows:
Sec. 192.610 Change in class location: Change in valve spacing.
* * * * *
(b) If a class location change on a gas transmission pipeline
occurs after October 5, 2022, and results in pipe replacement of less
than 2 miles within 5 contiguous miles during a 24-month period, to
meet the MAOP requirements in Sec. 192.611, Sec. 192.619, or Sec.
192.620, then within 24 months of the class location change, in
accordance with Sec. 192.611(d), the operator must either:
* * * * *
0
6. Amend Sec. 192.634 by:
0
a. Revising paragraph (b)(3); and
0
b. Removing paragraph (c).
The revision reads as follows:
Sec. 192.634 Transmission lines: Onshore valve shut-off for rupture
mitigation.
* * * * *
(b) * * *
(3) Laterals. Laterals extending from shut-off segments that
contribute less than 5 percent of the total shut-off segment volume may
have RMVs or alternative equivalent technologies that meet the
actuation requirements of this section at locations other than mainline
receipt/delivery points, as long as all of the laterals contributing
gas volumes to the shut-off segment do not contribute more than 5
percent of the total shut-off segment gas volume based upon maximum
flow volume at the operating pressure. For laterals that are 12 inches
in diameter or less, a check valve that allows gas to flow freely in
one direction and contains a mechanism to automatically prevent flow in
the other direction may be used as an alternative equivalent technology
where it is positioned to stop flow into the shut-off segment. Such
check valves that are used as an alternative equivalent technology in
accordance with this paragraph (b)(3) are not subject to Sec. 192.636,
but they must be inspected, operated, and remediated in accordance with
Sec. 192.745, including for closure and leakage to ensure operational
reliability. An operator using such a check valve as an alternative
equivalent technology must notify PHMSA in accordance with Sec. Sec.
192.18 and 192.179 and develop and implement maintenance procedures for
such equipment that meet Sec. 192.745.
* * * * *
[[Page 50062]]
0
7. Amend Sec. 192.636 by adding paragraph (h) to read as follows:
Sec. 192.636 Transmission lines: Response to a rupture; capabilities
of rupture-mitigation valves (RMVs) or alternative equivalent
technologies.
* * * * *
(h) Manual operation upon identification of a rupture. Operators
using a manual valve as an alternative equivalent technology as
authorized pursuant to Sec. Sec. 192.18, 192.179, and 192.634 and this
section must develop and implement operating procedures that
appropriately designate and locate nearby personnel to ensure valve
shutoff in accordance with this section and Sec. 192.634. Manual
operation of valves must include time for the assembly of necessary
operating personnel, the acquisition of necessary tools and equipment,
driving time under heavy traffic conditions and at the posted speed
limit, walking time to access the valve, and time to shut off all
valves manually, not to exceed the maximum response time allowed under
paragraph (b) or (c) of this section.
PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
0
8. The authority citation for part 195 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
9. Amend Sec. 195.2 by:
0
a. Revising the definition for ``Entirely replaced onshore hazardous
liquid or carbon dioxide pipeline segments'';
0
b. Removing the definition ``Notification of Potential Rupture'' and
adding the definition ``Notification of potential rupture'' in its
place; and
0
c. Revising the definition for ``Rupture-mitigation valve''.
The revisions and addition read as follows:
Sec. 195.2 Definitions.
* * * * *
Entirely replaced onshore hazardous liquid or carbon dioxide
pipeline segments, for the purposes of Sec. Sec. 195.258, 195.260, and
195.418, means where 2 or more miles of pipe, in the aggregate, have
been replaced within any 5 contiguous miles within any 24-month period.
This definition does not apply to any gathering line.
* * * * *
Notification of potential rupture means the notification to, or
observation by, an operator of indicia identified in Sec. 195.417 of a
potential unintentional or uncontrolled release of a large volume of
commodity from a pipeline. This definition does not apply to any
gathering line.
* * * * *
Rupture-mitigation valve (RMV) means an automatic shut-off valve
(ASV) or a remote-control valve (RCV) that a pipeline operator uses to
minimize the volume of hazardous liquid or carbon dioxide released from
the pipeline and to mitigate the consequences of a rupture. This
definition does not apply to any gathering line.
* * * * *
0
10. Amend Sec. 195.11 by revising paragraph (b)(2) to read as follows:
Sec. 195.11 What is a regulated rural gathering line and what
requirements apply?
* * * * *
(b) * * *
(2) For steel pipelines constructed, replaced, relocated, or
otherwise changed after July 3, 2009:
(i) Design, install, construct, initially inspect, and initially
test the pipeline in compliance with this part, unless the pipeline is
converted under Sec. 195.5.
(ii) [Reserved]
* * * * *
0
11. Amend Sec. 195.258 by revising paragraph (e) and adding paragraph
(f) to read as follows:
Sec. 195.258 Valves: General.
* * * * *
(e) If an operator elects to use alternative equivalent technology
in accordance with paragraph (c) or (d) of this section, the operator
must notify PHMSA in accordance with Sec. 195.18. The operator must
include a technical and safety evaluation in its notice to PHMSA.
Valves that are installed as alternative equivalent technology must
comply with Sec. Sec. 195.418, 195.419, and 195.420. An operator
requesting use of manual valves as an alternative equivalent technology
must also include within the notification submitted to PHMSA a
demonstration that installation of an RMV as otherwise required would
be economically, technically, or operationally infeasible. An operator
may use a manual pump station valve at a continuously manned station as
an alternative equivalent technology. Such a valve used as an
alternative equivalent technology would not require a notification to
PHMSA in accordance with Sec. 195.18, but it must comply with
Sec. Sec. 195.419 and 195.420.
(f) The requirements of paragraphs (c) through (e) of this section
do not apply to gathering lines.
0
12. Amend Sec. 195.260 by adding paragraph (i) to read as follows:
Sec. 195.260 Valves: Location.
* * * * *
(i) An operator of a gathering line must only comply with the
requirements of 49 CFR 195.260 effective as of October 4, 2022, and
need not comply with the other requirements of this section.
0
13. Amend Sec. 195.402 by revising paragraph (c)(5)(ii) introductory
text and adding paragraph (g) to read as follows:
Sec. 195.402 Procedural manual for operations, maintenance, and
emergencies.
* * * * *
(c) * * *
(5) * * *
(ii) Analysis of rupture and valve shut-offs; preventive and
mitigative measures. If a failure or accident on an onshore hazardous
liquid or carbon dioxide pipeline involves the closure of a rupture-
mitigation valve (RMV), as defined in Sec. 195.2, or the closure of an
alternative equivalent technology, the operator of the pipeline must
also conduct a post-failure or post-accident analysis of all the
factors that may have impacted the release volume and the consequences
of the release, and identify and implement operations and maintenance
measures to minimize the consequences of a future failure or accident.
The analysis must include all relevant factors impacting the release
volume and the consequences, including, but not limited to, the
following:
* * * * *
(g) Exception. An operator of a gathering line must only comply
with the requirements of 49 CFR 195.402 effective as of October 4,
2022, and need not comply with the other requirements of this section.
0
14. Amend Sec. 195.417 by revising paragraphs (a) introductory text
and (a)(3) and adding paragraph (c) to read as follows:
Sec. 195.417 Notification of potential rupture.
(a) As used in this part, a notification of potential rupture means
the notification to, or observation by, an operator (e.g., by or to its
controller(s) in a control room, field personnel, nearby pipeline or
utility personnel, the public, local responders, or public authorities)
of one or more of the below indicia of a potential unintentional or
uncontrolled release of a large volume of hazardous liquids or carbon
dioxide from a pipeline:
* * * * *
(3) Any unanticipated or unexplained rapid release of a large
volume of hazardous liquid or carbon dioxide, a
[[Page 50063]]
fire, or an explosion, in the immediate vicinity of the pipeline.
* * * * *
(c) The requirements of this section do not apply to gathering
lines.
0
15. Amend Sec. 195.418 by revising paragraph (b)(3) and adding
paragraph (d) to read as follows:
Sec. 195.418 Valves: Onshore valve shut-off for rupture mitigation.
* * * * *
(b) * * *
(3) Laterals. Laterals extending from shut-off segments that
contribute less than 5 percent of the total shut-off segment volume may
have RMVs or alternative equivalent technologies that meet the
actuation requirements of this section at locations other than mainline
receipt/delivery points, as long as all of these laterals contributing
hazardous liquid or carbon dioxide volumes to the shut-off segment do
not contribute more than 5 percent of the total shut-off segment
volume, based upon maximum flow volume at the operating pressure. A
check valve may be used as an alternative equivalent technology where
it is positioned to stop flow into the lateral. Check valves used as an
alternative equivalent technology in accordance with this paragraph
(b)(3) are not subject to Sec. 195.419 but must be inspected,
operated, and remediated in accordance with Sec. 195.420, including
for closure and leakage, to ensure operational reliability. An operator
using such a valve as an alternative equivalent technology must submit
a request to PHMSA in accordance with Sec. 195.18.
* * * * *
(d) Exception. The requirements of this section do not apply to
gathering lines.
0
16. Amend Sec. 195.419 by adding paragraph (h) to read as follows:
Sec. 195.419 Valve capabilities.
* * * * *
(h) Exception. The requirements of this section do not apply to
gathering lines.
0
17. Amend Sec. 195.420 by revising paragraph (b) and adding paragraph
(h) to read as follows:
Sec. 195.420 Valve maintenance.
* * * * *
(b) Each operator must, at least twice each calendar year, but at
intervals not exceeding 7\1/2\ months, inspect each mainline valve to
determine that it is functioning properly. Each rupture-mitigation
valve (RMV), as defined in Sec. 195.2 and not contained in a gathering
line, or alternative equivalent technology that is installed under
Sec. 195.258(c) or Sec. 195.418, must also be partially operated.
Operators are not required to close the valve fully during the
inspection; a minimum 25 percent valve closure is sufficient to
demonstrate compliance, unless the operator has operational information
that requires an additional closure percentage for maintaining
reliability.
* * * * *
(h) The requirements of paragraphs (d) through (g) of this section
do not apply to gathering lines.
0
18. Amend Sec. 195.452 by revising paragraph (i)(4) introductory text
and adding paragraph (i)(4)(iv) to read as follows:
Sec. 195.452 Pipeline integrity management in high consequence areas.
* * * * *
(i) * * *
(4) Emergency Flow Restricting Devices (EFRD). If an operator
determines that an EFRD is needed on a pipeline segment that is located
in, or which could affect, a high-consequence area (HCA) in the event
of a hazardous liquid pipeline release, an operator must install the
EFRD. In making this determination, an operator must, at least,
evaluate the following factors--the swiftness of leak detection and
pipeline shutdown capabilities, the type of commodity carried, the rate
of potential leakage, the volume that can be released, topography or
pipeline profile, the potential for ignition, proximity to power
sources, location of nearest response personnel, specific terrain
within the HCA or between the pipeline segment and the HCA it could
affect, and benefits expected by reducing the spill size. An RMV
installed under this paragraph (i)(4) must meet all of the other
applicable requirements in this part, provided that the requirement of
this sentence does not apply to gathering lines.
* * * * *
(iv) The requirements of paragraphs (i)(4)(i) through (iii) of this
section do not apply to gathering lines.
* * * * *
Issued in Washington, DC, on July 21, 2023, under authority
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2023-15904 Filed 7-31-23; 8:45 am]
BILLING CODE 4910-60-P
