Pipeline and Hazardous Materials Safety Administration – Federal Register Recent Federal Regulation Documents

PHMSA is publishing this advance notice of proposed rulemaking (ANPRM) in response to the Protecting our Infrastructure of Pipelines and Enhancing Safety (PIPES) Act of 2016, which reauthorizes the pipeline safety program and requires a number of reports and mandates. The PIPES Act requires PHMSA to take regulatory actions to establish minimum safety standards for underground natural gas storage facilities; to update the minimum safety standards for permanent, small scale liquefied natural gas pipeline facilities; and to publish an ANPRM to address a petition for rulemaking proposing hazardous materials regulations related to the marking of identification numbers on cargo tanks. This ANPRM specifically addresses the PIPES Act requirement applicable to the petition for rulemaking related to the marking of identification numbers on cargo tanks. PHMSA will consider the comments, data, and information received in any future action related to the petition.

This notice is to advise all underground natural gas storage facility operators of a proposed PHMSA pipeline user fee assessment and rate structure.

This notice is to inform interested persons that PHMSA will conduct a public meeting on Tuesday, November 15, 2016, in preparation for the 50th session of the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UNSCOE TDG) to be held in Geneva, Switzerland from November 28 to December 6, 2016. During this public meeting, PHMSA will be requesting comments relative to potential new work items that may be considered for inclusion in the international agenda.

This interim final rule (IFR) establishes regulations implementing the emergency order authority conferred on the Secretary of Transportation (Secretary) by the ``Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016'' (PIPES Act). These regulations are mandated by the PIPES Act and, in accordance with the Act, PHMSA is establishing procedures for the issuance of emergency orders that will be used to address an unsafe condition or practice, or combination of unsafe conditions or practices, that pose an imminent hazard to public health and safety or the environment. By implementing this statutory mandate, PHMSA will enhance its existing enforcement authority to respond immediately to conditions or practices that exist in a subset of, or across, the pipeline industry. This IFR solely affects agency enforcement procedures to implement the emergency order provisions of the law and; therefore, this rulemaking results in no additional burden or compliance costs to industry. PHMSA is issuing this IFR because the PIPES Act directs PHMSA to first issue temporary regulations. However, the agency invites comments and will, if appropriate, make changes to the IFR prior to the issuance of a final rule, which the agency must issue, by statute, no later than 270 days following enactment of the PIPES Act.

PHMSA proposes to terminate EX classification approval EX1987030326, issued to BHT Products, Inc. for a Division 4.1 classification. In January and May 2016, PHMSA attempted to contact BHT Products, Inc. via letters delivered by certified mail. These letters requested that BHT Products, Inc. provide PHMSA with background information, such as a copy of the existing lab report and test data to support the classification issued under EX1987030326. To date, PHMSA has not received any correspondence from BHT Products, Inc. concerning EX1987030326.

PHMSA seeks public comment on a draft revision of the International Atomic Energy Agency's (IAEA) ``Regulations for the Safe Transport of Radioactive Material'' (SSR-6), which is scheduled for publication in 2018. PHMSA and the U.S. Nuclear Regulatory Commission (NRC) will submit comments jointly to the IAEA regarding the draft document. PHMSA thereby requests public input to assist in U.S. comment development.

Interested parties are invited to comment on an application by the National Tank Truck Carriers, Inc. (NTTC) for an administrative determination as to whether Federal hazardous material transportation law preempts regulations of the State of California that prohibit an employer from requiring an employee to work during any mandatory meal or rest period.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.

PHMSA is issuing this advisory bulletin to all owners and operators (operators) of hazardous liquid, carbon dioxide, and gas pipelines, as defined in 49 Code of Federal Regulations Parts 192 and 195, to clarify the regulatory requirements that may vary depending on the operational status of a pipeline. Further, this advisory bulletin identifies regulatory requirements operators must follow for the abandonment of pipelines. Pipeline owners and operators should verify their operations and procedures align with the regulatory intent of defined terms as described under this bulletin. Congress recognized the need for this clarification in its Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016.

This notice is to advise interested persons that PHMSA has terminated the manufacturing approvals listed herein. In November 2014, PHMSA attempted to contact all of the below listed manufacturing approval holders via written correspondence. In July 2015, PHMSA issued a Show Cause letter via certified mail requesting a response within 30 days with their intent with respect to the approval. None of the companies complied with the requirements of the letter. Thus, PHMSA issued a Termination letter via certified mail in January 2016. To date, PHMSA has not received any correspondence concerning the below listed approval numbers.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given of the actions on special permits applications in (June to June 2016). The mode of transportation involved are identified by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft. Application numbers prefixed by the letters EE represent applications for Emergency Special Permits. It should be noted that some of the sections cited were those in effect at the time certain special permits were issued.

In accordance with the requirements of 49 U.S.C. 5117(c), PHMSA is publishing the following list of special permit applications that have been in process for 180 days or more. The reason(s) for delay and the expected completion date for action on each application is provided in association with each identified application.

On December 4, 2015, President Obama signed legislation entitled, ``Fixing America's Surface Transportation Act of 2015'' (the FAST Act). The FAST Act includes the ``Hazardous Materials Transportation Safety Improvement Act of 2015'' in Sections 7001 through 7311, which provides direction for PHMSA's hazardous materials safety program. Section 7310 of the FAST Act requires the Secretary of Transportation to initiate a study of the levels and structure of insurance for railroad carriers transporting hazardous materials, which must be initiated within four months of the enactment of the FAST Act. Within a year of initiation, the Secretary must submit a report with the results of the study and recommendations for addressing liability issues with rail transportation of hazmat to Congress. PHMSA initiated this insurance study in March 2016 and is on schedule to complete it by April 2017. Specifically, PHMSA entered into an inter-agency agreement with the U.S. Department of Transportation (DOT) Office of Research and Technology's Volpe National Transportation Systems Center to conduct the study, which is required to examine current and future levels and mechanisms to insure rail carriers transporting all hazardous materials. The study will evaluate the following: (1) The level and structure of insurance, including self-insurance, available in the private market against the full liability potential for damages arising from an accident or incident involving a train transporting hazardous materials; (2) The level and structure of insurance necessary and appropriate to efficiently allocate risk and financial responsibility for claims; and to ensure that a railroad carrier transporting hazardous materials can continue to operate despite the risk of an accident or incident; and (3) The potential applicability for a train transporting hazardous materials, of an alternative insurance model, including a secondary liability coverage pool or pools to supplement commercial insurance; and other models administered by the Federal Government.

The application for a determination of preemption is dismissed, and this docket is closed, because the City of Pittsburgh, Pennsylvania's permit and permit fee requirements are not being applied or enforced.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given of the actions on special permits applications in (October to October 2014). The mode of transportation involved are identified by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft. Application numbers prefixed by the letters EE represent applications for Emergency Special Permits. It should be noted that some of the sections cited were those in effect at the time certain special permits were issued.

In accordance with the procedures governing the application for, and the processing of, special permits from the Department of Transportation's Hazardous Material Regulations (49 CFR part 107, subpart B), notice is hereby given that the Office of Hazardous Materials Safety has received the application described herein. Each mode of transportation for which a particular special permit is requested is indicated by a number in the ``Nature of Application'' portion of the table below as follows: 1Motor vehicle, 2Rail freight, 3Cargo vessel, 4Cargo aircraft only, 5Passenger-carrying aircraft.

In response to petitions for rulemaking submitted by the regulated community, PHMSA proposes to amend the Hazardous Materials Regulations (HMR; 49 CFR parts 171 through 180) to update, clarify, or provide relief from miscellaneous regulatory requirements. Specifically, PHMSA is proposing amendments that include, but are not limited to, the following: Incorporating by Reference (IBR) multiple publications from both the Compressed Gas Association (CGA) and the Chlorine Institute; addressing inconsistencies with domestic and international labels and placards; permitting alternative testing for aerosols; no longer mandating that excepted quantities comply with the emergency response telephone requirement; allowing electronic signatures for Environmental Protection Agency (EPA) manifest forms; and no longer requiring the service pressure to be marked on Department of Transportation (DOT) 8 and 8L cylinders.

PHMSA is seeking public comment on a PHMSA-authored report titled: ``Background for Regulating the Transportation of Carbon Dioxide in a Gaseous State,'' which is available in the docket at PHMSA-2016-0049. The report evaluates existing and potential future gaseous carbon dioxide (CO2) pipelines and outlines PHMSA's approach for establishing minimum pipeline safety standards for the transportation of carbon dioxide in a gaseous state to fulfill the requirements of section 15 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (the Act). The Act requires the Secretary of Transportation to ``prescribe minimum safety standards for the transportation of carbon dioxide by pipeline in a gaseous state.'' PHMSA is seeking to better understand the possible effects of the regulatory scenarios presented within the report, as well as the locations and extent of gaseous carbon dioxide pipelines, and is requesting feedback on the validity and applicability of these effects and the location and extent of these pipelines. As PHMSA does not currently regulate these pipelines, its ability to reach out and locate operators of gaseous carbon dioxide pipelines has been limited and it is unclear if PHMSA's current information is comprehensive.

This notice announces a public meeting to solicit input and obtain background information concerning underground natural gas storage safety. PHMSA and the National Association of Pipeline Safety Representatives (NAPSR) are co-sponsoring this one-day workshop. The workshop will bring federal and state regulators, emergency responders, industry, and interested members of the public together to participate in understanding and shaping the future for maintaining the safety of underground natural gas storage facilities. PHMSA and NAPSR recognize that the October, 2015, Southern California Gas Company's (SoCal Gas) Aliso Canyon underground natural gas storage facility leak on Well SS25 located in the Porter Ranch area near Los Angeles, California, has drawn concerns regarding natural gas storage well safety and the environmental effects of an incident. Currently, throughout the United States, approximately 400 interstate and intrastate underground natural gas storage facilities are operating with more than four trillion cubic feet of natural gas working capacity.

PHMSA is issuing this advisory bulletin to remind all owners and operators of hazardous liquid, carbon dioxide, and gas pipelines, as defined in 49 Code of Federal Regulations (CFR) Parts 192 and 195, to consider the overall integrity of the facilities to ensure the safety of the public and operating personnel and to protect the environment. Operators are reminded to review their pipeline operations to ensure that pipeline segments that are both buried and insulated have effective coating and corrosion-control systems to protect against cathodic protection shielding, conduct in-line inspections for all threats, and ensure in-line inspection tool findings are accurate, verified, and conducted for all pipeline threats.

This notice is announcing a one-day public workshop PHMSA is sponsoring on public awareness to bring pipeline safety stakeholders together to review the findings from the joint Public Awareness Program Working Group's (PAPWG) Strengths, Weaknesses, Opportunities, and Threats (SWOT) Report and explore future actions that can be taken to expand public awareness and stakeholder engagement efforts. Various stakeholders, including federal and state regulators, industry, pipeline operators, public, emergency response officials, local public officials, land planners, and excavators, will engage to strengthen pipeline safety public awareness.

This notice is to advise interested persons that on Tuesday, June 14, 2016, the Department of Transportation (DOT) and the Pipeline and Hazardous Materials Safety Administration (PHMSA) will conduct a public meeting in preparation for the 49th session of the United Nations Sub-Committee of Experts on the Transport of Dangerous Goods (UN SCOE TDG). The UN SCOE TDG meeting will be held July 27 to July 6, 2016, in Geneva, Switzerland. PHMSA is soliciting comments about potential new work items, which may be considered for inclusion in its international agenda and feedback on issues that PHMSA may put forward for consideration by the Sub-Committee. (See the SUPPLEMENTARY INFORMATION section below for a list of potential UN SCOE TDG meeting topics.) Also on Tuesday, June 14, 2016, the Occupational Safety and Health Administration (OSHA) will conduct a public meeting (Docket No. OSHA- 2016-0005) to discuss proposals in preparation for the 31st session of the United Nations Sub-Committee of Experts on the Globally Harmonized System of Classification and Labelling of Chemicals (UNSCEGHS), to be held July 5 to 8, 2016, in Geneva, Switzerland. Time and Location: Both the PHMSA and the OSHA public meetings will take place on Tuesday, June 14, 2016, at the DOT Headquarters, which is located at 1200 New Jersey Avenue SE, Washington, DC 20590-0001. PHMSA will host its public meeting between 9:00 am to 12:00 p.m. EST in Conference Room 4 in DOT Headquarters, West Building. Then, OSHA will host its public meeting between 1:00 p.m. to 4:00 p.m. EST in Conference Room 4 in DOT Headquarters, West Building. Advanced Meeting Registration: The DOT requests that attendees pre- register for these meetings by completing the form at https:// www.surveymonkey.com/r/Q3Z53PT. Attendees may use the same form to pre- register for both the PHMSA and the OSHA meetings. Failure to pre- register may delay your access into the DOT Headquarters building. Additionally, if you are attending in-person, arrive early to allow time for security checks necessary to access the building. Conference call-in and ``live meeting'' capability will be provided for both meetings. Specific information on call-in and live meeting access will be posted when available at https://www.phmsa.dot.gov/ hazmat/regs/international under ``Upcoming Events'' and at https:// www.osha.gov/dsg/hazcom/.