Pipeline Safety: Safety of Gas Transmission Pipelines: MAOP Reconfirmation, Expansion of Assessment Requirements, and Other Related Amendments: Response to a Joint Petition for Reconsideration
| Citation | 85 FR 40132 |
| Record Number | 2020-14403 |
| Published date | 06 July 2020 |
| Section | Rules and Regulations |
| Court | Pipeline And Hazardous Materials Safety Administration |
Federal Register, Volume 85 Issue 129 (Monday, July 6, 2020)
[Federal Register Volume 85, Number 129 (Monday, July 6, 2020)]
[Rules and Regulations]
[Pages 40132-40134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14403]
[[Page 40132]]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 192
[Docket No. PHMSA-2011-0023; Amdt. No. 192-127]
RIN 2137-AE72
Pipeline Safety: Safety of Gas Transmission Pipelines: MAOP
Reconfirmation, Expansion of Assessment Requirements, and Other Related
Amendments: Response to a Joint Petition for Reconsideration
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule; petition for reconsideration.
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SUMMARY: This document responds to a joint Petition for Reconsideration
(Petition) that was submitted on October 31, 2019, by the American Gas
Association, the American Petroleum Institute, the American Public Gas
Association, and the Interstate Natural Gas Association of America (the
Associations). In the Petition, the Associations requested that PHMSA
amend the final rule titled ``Safety of Gas Transmission Pipelines:
MAOP Reconfirmation, Expansion of Assessment Requirements, and Other
Related Amendments'' (Gas Transmission Final Rule) published in the
Federal Register on October 1, 2019. In response to the Petition, PHMSA
is amending the Gas Transmission Final Rule to address the requirements
for recordkeeping and the applicability of maximum allowable operating
pressure (MAOP) reconfirmation. The amendments are intended to clarify
the regulatory requirements identified in the Petition without
adversely affecting safety.
DATES: The effective date of this rule is July 1, 2020.
FOR FURTHER INFORMATION CONTACT: For technical questions, contact Steve
Nanney, Project Manager, by telephone at 713-272-2855 or by email at
[email protected]. For general information, contact Robert Jagger,
Senior Transportation Specialist, by telephone at 202-366-4361 or by
email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
On October 1, 2019, (84 FR 52180) PHMSA published a final rule
titled, ``Safety of Gas Transmission Pipelines: MAOP Reconfirmation,
Expansion of Assessment Requirements, and Other Related Amendments,''
(Gas Transmission Final Rule) that amended the Pipeline Safety
Regulations (PSR) at 49 CFR part 192 to improve the safety of onshore
gas transmission pipelines. The Gas Transmission Final Rule addressed
integrity management requirements and other requirements.
The Gas Transmission Final Rule focused on the actions an operator
must take to reconfirm the maximum allowable operating pressure (MAOP)
of previously untested natural gas transmission pipelines and pipelines
lacking certain material or operational records. It also required
operators to reconfirm the MAOP of those segments and gather any
necessary material property records they might need to do so, where the
records needed to substantiate the MAOP are not traceable, verifiable,
and complete. Examples of the records necessary to confirm MAOP include
pressure test records or material property records (mechanical
properties) that verify the MAOP is appropriate for the class location.
On October 31, 2019, the American Public Gas Association, the
American Gas Association, the Interstate Natural Gas Association, and
the American Petroleum Institute (the Associations) submitted a
Petition for Reconsideration of the Gas Transmission Final Rule in
accordance with 49 CFR 190.335. In the Petition, the Associations
requested that PHMSA (1) clarify that the recordkeeping requirement in
Sec. 192.5(d) only applies to transmission pipelines, and (2) limit
the applicability of the MAOP reconfirmation requirements in Sec.
192.624(a)(1) to those pipeline segments that do not have a traceable,
verifiable, and complete pressure test record under Sec.
192.619(a)(2). PHMSA granted the Petition and responded with a letter
dated December 20, 2019, in accordance with 49 CFR 190.337(b).\1\ This
final rule amends the Gas Transmission Final Rule to implement the
changes.
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\1\ PHMSA has placed a copy of the Associations' Petition for
Reconsideration and PHMSA's response in the Docket for the Gas
Transmission Final Rule, See Docket No. HYPERLINK ``https://
www.regulations.gov/docket?D=PHMSA-2011-0023'' PHMSA-2011-0023.
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Petition To Clarify the Applicability of the Recordkeeping Requirements
of Sec. 192.5(d)
In the Gas Transmission Final Rule published on October 1, 2019,
PHMSA added Sec. 192.5(d) to require an operator to have and maintain
records that document the current class location of each pipeline
segment. In the preamble, PHMSA stated that this recordkeeping
requirement applies to each operator of a gas transmission pipeline;
however, PHMSA inadvertently omitted language in the rule's regulatory
text that would have made clear that the recordkeeping requirements of
that section applied only to gas transmission pipelines. In their
Petition, the Associations requested that PHMSA clarify that the
recordkeeping requirements in Sec. 192.5(d) only apply to gas
transmission pipelines. This request aligns with the final rule's
original intent.
After reviewing the Petition, the language in the Gas Transmission
Final Rule, and the Pipeline Safety Regulations, PHMSA granted the
Associations' request to clarify that the recordkeeping requirements in
Sec. 192.5(d) only apply to gas transmission pipelines. The
recordkeeping requirements of that section apply to records that
document current class location determinations and records that
demonstrate how an operator arrived at such a determination for each
class location. PHMSA has concluded that the change requested in the
Petition is appropriate, is consistent with the original intent of the
final rule, and does not compromise safety.
Petition To Limit the Applicability of Sec. 192.624(a)(1)
In the Gas Transmission Final Rule, PHMSA defined a set of pipeline
segments for which operators must reconfirm the MAOP. Specifically,
Sec. 192.624(a)(1) requires operators of certain gas transmission
pipelines to reconfirm MAOP if, among other things, the ``records
necessary to establish the MAOP in accordance with Sec. 192.619(a) . .
. are not traceable, verifiable, and complete'' (TVC). In the Petition,
the Associations requested that PHMSA revise Sec. 192.624(a)(1) to
clarify that it does not apply where an operator already has records
necessary to establish MAOP under Sec. 192.619(a)(2) (i.e., pressure
test records). The Associations stated that ``without the specific
reference to Sec. 192.619(a)(2), it is unclear whether an operator
must reconfirm MAOP when a pipeline segment already has a TVC pressure
test record but is missing other records under Sec. 192.619(a)(1) or
(a)(3).'' The Associations noted that this revision would align with a
corresponding Gas Pipeline Advisory Committee recommendation \2\ and
confirm that
[[Page 40133]]
Sec. 192.624(a)(1) does not require operators to reconfirm the MAOP of
pipeline segments if they have TVC pressure test records.
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\2\ Gas Pipeline Advisory Committee Meeting Final Voting Slides
at 1 (Mar. 26-28, 2018). The slide presentation is available in the
docket, PHMSA-2011-0023, which can be accessed at
www.regulations.gov.
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PHMSA granted the Associations' Petition to limit the applicability
of the MAOP reconfirmation requirements of Sec. 192.624(a)(1) to those
pipeline segments that do not have TVC pressure test records under
Sec. 192.619(a)(2).\3\ PHMSA has determined that the Associations'
specific request to limit the applicability of these MAOP
reconfirmation requirements in Sec. 192.624(a)(1) will not compromise
safety because the availablility of TVC pressure test records under
Sec. 192.619(a)(2) allows an operator to establish the MAOP for the
pipeline segment without the need for reconfirmation. Further, this
change is consistent with recommendations from the Gas Pipeline
Advisory Committee and the language proposed in the Notice of Proposed
Rulemaking (HYPERLINK ``https://www.federalregister.gov/citation/81-FR-
20722'' 81 FR 20722; April 8, 2016).
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\3\ PHMSA granted the Associations' Petition in a letter dated
Dec. 20, 2019. The letters responding to Associations are available
in the docket, PHMSA-2011-0023, which can be accessed at
www.regulations.gov.
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As already specified in the Gas Transmission Rule, if operators are
missing any material properties during anomaly evaluations and repairs,
operators must confirm those material properties under Sec. Sec.
192.607 and 192.712(e) through (g).\4\ Any pipeline segment that is
missing records necessary to comply with other aspects of the PSR must
meet all applicable provisions of part 192 for any future MAOP
increases. An increase in MAOP must be based upon the applicable
requirements for design; pressure testing; highest actual operating
pressure (for any segment not re-pressure tested); and the maximum safe
operating pressure based upon the pipeline history as required by Sec.
192.619(a)(1) through (4). In addition, any increase in MAOP must be
based upon the class location requirements in Sec. Sec. 192.5 and
192.611 for MAOP determination.
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\4\ PHMSA may provide more clarification on these requirements
in the upcoming rulemaking, ``Pipeline Safety: Safety of Gas
Transmission Pipelines: Repair Criteria, Integrity Management
Improvements, Cathodic Protection, Management of Change, and Other
Related Amendments.'' RIN 2137-AE72.
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II. Regulatory Analyses and Notices
Statutory/Legal Authority
These amendments are made pursuant to the Federal Pipeline Safety
Statutes (49 U.S.C. 60101 et seq.). Section 60102 authorizes the
Secretary of Transportation to issue regulations governing design,
installation, inspection, emergency plans and procedures, testing,
construction, extension, operation, replacement, and maintenance of
pipeline facilities, as delegated to the PHMSA Administrator under 49
CFR 1.97.
Executive Orders 12866 and 13771, and DOT Regulatory Policies and
Procedures
Executive Order 12866 (``Regulatory Planning and Review'' \5\)
requires agencies to regulate in the ``most cost-effective manner,'' to
make a ``reasoned determination that the benefits of the intended
regulation justify its costs,'' and to develop regulations that
``impose the least burden on society.'' Similarly, DOT regulations
require that regulations issued by PHMSA and other DOT Operating
Administrations ``should be designed to minimize burdens and reduce
barriers to market entry whenever possible, consistent with the
effective promotion of safety'' and should generally ``not be issued
unless their benefits are expected to exceed their costs.'' Sec.
5.5(f)-(g). The Gas Transmission Final Rule was considered a
significant regulatory action under Executive Order 12866 and Executive
Order 13771 \6\ (``Reducing Regulation and Controlling Regulatory
Costs''). It was also considered significant under the Regulatory
Policies and Procedures of the DOT at 49 CFR part 5 because of
substantial congressional, State, industry, and public interest in
pipeline safety. Therefore, the Office of Management and Budget (OMB)
reviewed the Gas Transmission Final Rule in accordance with Executive
Order 12866, and determined the rule was consistent with Executive
Order 12866 requirements and 49 U.S.C. 60102(b)(5)-(6). PHMSA published
a final regulatory impact analysis for the Gas Transmission Final Rule,
which is available in the rulemaking docket.
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\5\ 58 FR 51735 (Oct. 4, 1993).
\6\ 82 FR 9339 (Feb. 24, 2017).
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This document amends the Gas Transmission Final Rule and imposes no
incremental changes or costs to the regulated industry, except that the
amendments may provide relief to the extent the changes reduce
confusion by improving the clarity of the regulations. Therefore, this
is a non-significant action and was not reviewed by OMB.
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.)
requires Federal regulatory agencies to prepare a Final Regulatory
Flexibility Analysis (FRFA) for any final rule subject to notice-and-
comment rulemaking under the Administrative Procedure Act (5 U.S.C.
553), unless the agency head certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
PHMSA prepared a FRFA for the Gas Transmission Final Rule, which is
available in the docket for this rulemaking. These amendments to the
Gas Transmission Final Rule have no substantial effect on that
analysis.
Paperwork Reduction Act
These amendments impose no new requirements for the recordkeeping
and reporting contained in the October 1, 2019, Gas Transmission Final
Rule.
Unfunded Mandates Reform Act of 1995
These amendments to the Gas Transmission Final Rule do not impose
unfunded mandates under the Unfunded Mandates Reform Act of 1995 (2
U.S.C. 1501 et seq.; UMRA). They do not impose enforceable duties on
State, local, or Tribal governments or on the private sector of $100
million or more, adjusted for inflation, in any one year and therefore
do not have implications under Section 202 of the UMRA of 1995.
PHMSA prepared an analysis of the UMRA considerations in the final
regulatory impact analysis for the Gas Transmission Final Rule, which
is available in the docket for the rulemaking. These amendments to the
Gas Transmission Final Rule have no substantial effect on that
analysis. Therefore, PHMSA determines that these amendments imposes no
unfunded mandates.
National Environmental Policy Act
PHMSA had analyzed the Gas Transmission Final Rule in accordance
with the National Environmental Policy Act (NEPA) (42 U.S.C. 4321 et
seq.) and implementing Council on Environmental Quality regulations (40
CFR part 1500) 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. PHMSA prepared an analysis of the NEPA considerations in
an Environmental Analysis for Gas Transmission Final Rule, which is
available in the docket for the rulemaking. The amendments to the Gas
Transmission Final Rule implemented by this document have no
substantial effect on the NEPA analysis.
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Privacy Act Statement
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to inform its rulemaking process. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
Executive Order 13132
PHMSA analyzed these amendments to the Gas Transmission Final Rule
in accordance with Executive Order 13132 (``Federalism'' \7\). The
Federal Pipeline Safety Statute, specifically 49 U.S.C. 60104(c),
prohibit State safety regulation of interstate pipelines. Under the
pipeline safety laws, States have the ability to augment pipeline
safety requirements for intrastate pipelines regulated by PHMSA, but
may not approve safety requirements less stringent than those required
by Federal law. A State may also regulate an intrastate pipeline
facility PHMSA does not regulate. It is these statutory provisions, not
the rule, that govern preemption of State law.
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\7\ 64 FR 43255 (Aug. 10, 1999).
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PHMSA analyzed the Gas Transmission Final Rule and determined that
the consultation and funding requirements of Executive Order 13132 do
not apply. These amendments to Gas Transmission Final Rule have no
substantial effect on that analysis. These amendments to the Gas
Transmission Final Rule do not have a substantial direct effect on the
States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. These amendments do not impose any
substantial direct compliance costs on State and local governments.
Executive Order 13211
PHMSA analyzed the Gas Transmission Final Rule and determined that
the requirements of Executive Order 13211 (``Actions Concerning
Regulations that Significantly Affect Energy Supply, Distribution, or
Use'') \8\ do not apply. These amendments to the Gas Transmission Final
Rule are not a ``significant energy action'' under Executive Order
13211. These amendments are not likely to have a significant adverse
effect on supply, distribution, or energy use. Further, OMB has not
designated these amendments as a significant energy action.
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\8\ 66 FR 28355 (May 22, 2001).
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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'') \9\ and DOT Order
5301.1, ``Department of Transportation Policies, Programs, and
Procedures Affecting American Indians, Alaska Natives, and Tribes.''
Executive Order 13175 and DOT Order 5301.1 require DOT Operating
Administrations to assure meaningful and timely input from Indian
Tribal government representatives in the development of rules that
significantly or uniquely affect Tribal communities by imposing
``substantial direct compliance costs'' or ``substantial direct
effects'' on such communities or the relationship and distribution of
power between the Federal Government and Indian Tribes. The amendments
within this document neither impose direct compliance costs on Tribal
communities, nor have a substantial direct effect on those communities.
Therefore, the funding and consultation requirements of Executive Order
13175 and DOT Order 5301.1 do not apply.
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\9\ 65 FR 67249 (Nov. 9, 2000).
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Executive Order 13609 and International Trade Analysis
Under Executive Order 13609 (``Promoting International Regulatory
Cooperation'' \10\), 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
amendments in this document do not impact international trade.
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\10\ 77 FR 26413 (Nov. 9, 2000).
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Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Part 192
Incorporation by reference, Integrity assessments, Material
properties verification, MAOP reconfirmation, Pipeline safety,
Predicted failure pressure, Recordkeeping, Risk assessment, Safety
devices.
In consideration of the foregoing, PHMSA is amending 49 CFR part
192 as follows:
PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
0
1. The authority citation for part 192 continues to read as follows:
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5103, 60101 et seq.,
and 49 CFR 197.
0
2. In Sec. 192.5, as amended October 1, 2019, at 84 FR 52243 and
effective July 1, 2020, paragraph (d) is revised to read as follows:
Sec. 192.5 Class locations.
* * * * *
(d) An operator must have records that document the current class
location of each gas transmission pipeline segment and that demonstrate
how the operator determined each current class location in accordance
with this section.
0
3. In Sec. 192.624, as amended October 1, 2019, at 84 FR 52247 and
effective July 1, 2020, paragraph (a)(1) introductory text is revised
to read as follows:
Sec. 192.624 Maximum allowable operating pressure reconfirmation:
Onshore steel transmission pipelines.
(a) * * *
(1) Records necessary to establish the MAOP in accordance with
Sec. 192.619(a)(2), including records required by Sec. 192.517(a),
are not traceable, verifiable, and complete and the pipeline is located
in one of the following locations:
* * * * *
Issued in Washington, DC, on June 29, 2020, under authority
delegated in 49 CFR part 1.97.
Howard R. Elliott,
Administrator.
[FR Doc. 2020-14403 Filed 7-1-20; 11:15 am]
BILLING CODE 4910-60-P
