"Correction Only as published in Federal Register"
39012 Federal Register / Vol. 72, No. 136 / Tuesday, July 17, 2007 / Rules and Regulations (b) Limitations. The powers granted DEPARTMENT OF TRANSPORTATION criteria (49 U.S.C. 60102(b)(1–2)). Our by paragraph (a) of this section shall be rulemaking actions are reviewed by one exercised only— Pipeline and Hazardous Materials or both of two statutorily-mandated (1) In the enforcement of laws Safety Administration advisory committees—the Technical regarding property in the custody of the Pipeline Safety Standards Committee, Postal Service, property of the Postal 49 CFR Parts 192 and 195 and the Technical Hazardous Liquid Service, the use of the mails, and other Pipeline Safety Standards Committee— [Docket No. PHMSA–04–18938; Amdt. Nos. postal offenses. With the exception of 192–104, 195–87] which provide peer review of all enforcing laws related to the mails: proposed pipeline safety rules to assure RIN 2137–AE07 technical feasibility, reasonableness, (i) The Office of Inspector General cost-effectiveness, and practicability. will investigate all allegations of Pipeline Safety: Integrity Management violations of postal laws or misconduct Program Modifications and Integrity Management Program by postal employees, including mail Clarifications Since 2000, PHMSA has issued IM theft; and requirements for pipeline operators. (ii) The Inspection Service will AGENCY: Pipeline and Hazardous PHMSA’s pipeline IM regulations investigate all allegations of violations Materials Safety Administration require operators of hazardous liquid of postal laws or misconduct by all (PHMSA), DOT. and gas transmission pipelines to assess, other persons. ACTION: Final rule. evaluate, repair, and validate through * * * * * comprehensive analyses the integrity of SUMMARY: This action modifies the pipeline segments in areas where a leak I 5. Section 233.7 is amended by integrity management regulations for or failure would do the most damage. paragraph (a) to read as follows: hazardous liquid and natural gas These areas are referred to as ‘‘High transmission pipelines. The Consequence Areas’’ and include § 233.7 Forfeiture authority and modifications include adding an eight- populated, unusually sensitive procedures. month window to the period for environmental areas, and other areas (a) Designation of officials having reassessing hazardous liquid pipelines; defined by the IM regulations. forfeiture authority. The Chief Postal modifying notification requirements for On December 1, 2000, PHMSA issued Inspector is authorized to perform all operators of hazardous liquid and IM program regulations at 49 CFR duties and responsibilities necessary on natural gas pipelines; repealing a 195.452 for operators with more than behalf of the Postal Service and the requirement for gas operators to notify 500 miles of hazardous liquid pipeline Office of Inspector General to enforce 18 local authorities; and allowing (65 FR 75378). On January 14, 2002, U.S.C. 981, 2254, and 21 U.S.C. 881, to alternatives in calculating pressure PHMSA issued IM program repair delegate all or any part of this authority reduction when making an immediate criteria (67 FR 1650). On January 16, to Deputy Chief Inspectors, Inspectors repair on a hazardous liquid pipeline. 2002, the IM program regulations were in Charge, and Inspectors of the Postal This action is intended to improve extended to operators with less than 500 Inspection Service, and to issue such pipeline safety by clarifying the miles of hazardous liquid pipeline (67 instructions as may be necessary to integrity management regulations and FR 2136). On December 15, 2003, carry out this authority. providing operators with increased PHMSA issued IM program regulations * * * * * flexibility in implementing their for gas transmission pipelines at 49 CFR integrity management (IM) programs. Part 192, Subpart O (68 FR 69778). PART 273—ADMINISTRATION OF DATES: This rule is effective August 16, PROGRAM FRAUD CIVIL REMEDIES 2007. Petition for Rulemaking ACT The American Petroleum Institute FOR FURTHER INFORMATION CONTACT: Mike Israni by phone at (202) 366–4571 (API) and the Association of Oil I 6. The authority citation for part 273 Pipelines (AOPL) represent members or by e-mail at firstname.lastname@example.org. continues to read as follows: who operate more than 85 percent of the SUPPLEMENTARY INFORMATION: Authority: 31 U.S.C. Chapter 38; 39 U.S.C. U.S hazardous liquid infrastructure. On 401. I. Background June 18, 2004, API and AOPL jointly Statutory and Regulatory Requirements submitted a petition for rulemaking I 7. Section 273.2 is amended by seeking changes to the hazardous liquid revising paragraph (c) to read as follows: PHMSA is the Federal regulatory pipeline IM regulations. agency responsible for promoting the API and AOPL requested the rule § 273.2 Definitions. safe, reliable, and environmentally changes to benefit pipeline safety and * * * * * sound operation of over two million provide operators additional flexibility (c ) Investigating Official refers to the miles of natural gas and hazardous in the following three areas: Adding Inspector General of the Postal Service liquid pipelines in the United States. flexibility to reassessment intervals; or any designee within the United States PHMSA has broad authority under 49 adding flexibility to scheduling repairs, Office of the Inspector General who U.S.C. 60102 to issue regulations and providing for notification to serves in a position for which the rate establishing standards for pipeline PHMSA when an operator is unable to of basic pay is not less than the facility design, installation, inspection, make a repair because of permitting or minimum rate of basic pay for grade emergency planning and response, other problems. GS–15 under the General Schedule. testing, construction, extension, An important concept in IM is that an * * * * * operation, replacement, and operator’s program is to evolve into a rfrederick on PROD1PC67 with RULES maintenance. By law, PHMSA pipeline more detailed and comprehensive Stanley F. Mires, safety standards must be both program as the operator gains Chief Counsel, Legislative. practicable and designed to meet the information about its pipeline system. [FR Doc. E7–13740 Filed 7–16–07; 8:45 am] need for environmental safety and An operator is required to continually BILLING CODE 7710–12–P protection, taking account of specified improve its IM program. Similarly, as VerDate Aug<31>2005 15:06 Jul 16, 2007 Jkt 211001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 Federal Register / Vol. 72, No. 136 / Tuesday, July 17, 2007 / Rules and Regulations 39013 PHMSA gains experience in enforcing (1) Flexibility in Reassessment Intervals and integrity management principles. At the IM regulations, we see ways that the Current regulations require hazardous this point, we do not have sufficient regulations can be clarified and liquid pipeline operators to set up scientific and technical data to support improved. Based on our experience and intervals not to exceed five years for modifying the five-year interval in the operators’ experience with IM, continually assessing pipeline integrity regulation. PHMSA considers how the IM Nevertheless, section § 195.452(j)(4) of (§ 195.452(j)(3)). The NPRM proposed regulations can be improved to benefit the IM regulations allows hazardous adding an eight-month window to the public safety and provide operators the liquid operators to seek a variance from five-year time frame for operators to flexibility they need in carrying out the five-year interval for particular complete reassessments. effective IM programs. pipeline facilities based on engineering Comment: No commenter opposed data or if needed technology is not PHMSA published a notice of this proposal. Commenters supported available. In these instances, operators proposed rulemaking (NPRM) on the proposed revision, stating they notify PHMSA and provide scientific December 15, 2005 (70 FR 74265), would benefit from flexibility to allow and technical justifications and proposing to revise its pipeline IM for unforeseeable events that could alternate intervals for variation requests. regulations to address the API and affect intervals. Commenters asserted PHMSA (and States where pipelines are AOPL petition to improve the IM added flexibility would not materially under State jurisdiction) reviews the affect pipeline safety. They noted that documentation to ensure sufficient regulations and to get additional adding the proposed window to the justification has been provided for the information about reasons for repair prescribed reassessment interval would proposed interval. This approach has delays. In the NPRM, PHMSA proposed comport with similar latitude provided been adequate to cover situations in four revisions. First, we proposed to in other periodic intervals under the which longer intervals are needed. allow more flexibility in the integrity pipeline safety regulations (e.g., for reassessment intervals for hazardous Both PHMSA and the U.S. General patrolling). One commenter suggested Accountability Office have testified that liquid pipelines by adding an eight- PHMSA develop an approach for month window to the five-year time assessment intervals for natural gas extending reassessment intervals based transmission pipelines should be frame for operators to complete on sound engineering, technical studies, reassessments. Second, we proposed to established based on technical data, risk and IM principles. Commenters also factors, and engineering analyses. require hazardous liquid pipeline and recognized operators may establish However, making those changes to the gas transmission pipeline operators to shorter reassessment intervals as a result gas IM regulations in this action is notify us of repair-related reductions in of risk prioritization. outside the scope of the NPRM. operating pressure. The proposal would A commenter also requested that require operators to notify us whenever PHMSA extend similar flexibility to gas (2) Scheduling Repairs they reduce pipeline pressure to make a transmission pipeline operators, In the NPRM, PHMSA requested repair, to provide reasons for any maintaining that the current submission of data and comments on pressure reduction, and to provide reassessment time frames on gas operators’ experience with further notice and explanation when a transmission pipelines do not have a identification of defect characteristics pressure reduction exceeds 365 days. technical basis. The commenter offered needing short-term (60 and 180-day) Third, we proposed to repeal as RSTRENG, a means of predicting the remediation. The NPRM allowed a unnecessary an existing regulation effects of metal loss on the remaining longer period to submit these analyses, requiring gas operators to provide notice strength of the corroded pipe, and other and API and AOPL responded to this of pressure reductions to local industry-accepted methods as request by submitting engineering authorities. Lastly, PHMSA proposed to alternatives that could be useful in analysis produced by Kiefner and amend an existing provision for setting reassessment time frames on gas Associates, Inc. on April 13, 2006. This calculating a pressure reduction when transmission pipelines. analysis required detailed technical making an immediate repair on a PHMSA Response: Adding an eight- review. hazardous liquid pipeline. The proposal month window to the hazardous liquid PHMSA contracted with Oak Ridge would allow use of an alternative pipeline five-year reassessment interval National Laboratory to review the API/ method to calculate reduced operating in § 195.452(j)(3) gives operators AOPL analysis. The Oak Ridge review pressure when the prescribed formula is flexibility in scheduling and completing documented which of the proposed not applicable or results in a calculated reassessments without compromising changes in the API analysis could lead pressure higher than the operating pipeline safety. Operators must allow to improvements in safety and which pressure. time in their schedules for unforeseen could lead to reduced safety. It problems or contingencies that could attempted neither to evaluate the II. Disposition of NPRM Comments delay assessments. In practice, operators significance to safety of each proposed must thus schedule their assessments on change, nor to describe the composite PHMSA received comments from 12 intervals of less than five years in order impact on safety of the group of parties: API and AOPL; the American to assure compliance with a five-year proposed changes. The Oak Ridge Gas Association; Texas Pipeline regulatory requirement. This was never review did identify the technical factors Association; Kinder Morgan Energy PHMSA’s intent. This final rule that a comprehensive evaluation of the Partners, L.P.; Southwest Gas maintains a nominal five-year interval proposed changes should consider. Corporation; Paiute Pipeline Company; while recognizing that unexpected PHMSA is currently evaluating operator Orange and Rockland Utilities, Inc.; contingencies can arise. This change is treatment of many of these factors in Duke Energy Gas Transmission consistent with other pipeline safety ongoing IMP inspections. rfrederick on PROD1PC67 with RULES Corporation; Magellan Midstream regulations specifying compliance DOT’s Inspector General issued an Partners, L.P.; Panhandle Energy; Puget intervals. audit in September 2006 addressing, Sound Energy; and Enbridge Energy PHMSA agrees that reassessment among other issues, uncertainties in the Company, Inc.—Liquids Transportation intervals should be adjusted over time characterization of defects using in-line Segment. based on engineering, technical studies, inspection (ILI). Although uncertainties, VerDate Aug<31>2005 15:06 Jul 16, 2007 Jkt 211001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 39014 Federal Register / Vol. 72, No. 136 / Tuesday, July 17, 2007 / Rules and Regulations both modest under-sizing and over- position to help streamline the permit serve to mitigate the safety impacts of sizing of defects, in ILI readings are a process. repair delays, making early notifications fact of life, improvements in technology For gas transmission pipeline unnecessary. PHMSA believes the are continuing to reduce these operators, PHMSA proposed repealing current notification requirements uncertainties. ILI vendors and pipeline the requirement for notification of local address most cases where, for safety operators must account for potential pipeline safety authorities. PHMSA is reasons, notification is important—those inaccuracies in tool indications in their not aware of any instance where an instances when an operator is unable to evaluation of ILI results. PHMSA intrastate gas transmission pipeline is make repairs within the required time inspections are evaluating approaches regulated by a local, rather than a State frames and cannot provide safety being used by operators to assure or Federal, authority. through pressure reductions. Thus, this prudent decisions are made in the light Comment: The commenters supported existing notification requirement will of these uncertainties. The PHMSA efforts to better understand repair delays remain unchanged. inspection approach has been evaluated and supported efforts to improve In addition to the existing by the IG, and the issue closed pipeline IM. Nevertheless, the requirement, PHMSA has added a satisfactorily. PHMSA is collecting commenters opposed the notifications requirement for notification when a additional data to better characterize the as proposed, stating that PHMSA needs pressure reduction exceeds 365 days. extent to which ILI has mischaracterized to provide a clear statement of issues, PHMSA believes that notification of actual pipeline defects. PHMSA’s analysis of possible solutions, and the extended delay, with justification for ongoing inspection process is providing expected costs and benefits of such a the pressure reduction, will provide the necessary assurance that operators regulatory solution. Commenters important information on conditions are addressing in a responsible way the contended the proposed notifications interfering with the operator’s ability to impact of various sources of uncertainty would impose a significant, undue, and complete defect remediation without on key decisions, including whether to problematic administrative burden on placing an undue burden on the excavate, timing of repairs, and timing industry. Commenters said many operator. This notification will enable of reassessment interval PHMSA will discretionary pressure reductions are PHMSA to intervene if necessary in address potential changes to repair part of voluntary, normal, and order to facilitate needed repairs (e.g., schedules in a future rulemaking action. circumstantial events unrelated to by assisting in resolving permitting remediation scheduling requirements. delays) and to evaluate the necessity for (3) Notification of Special Some commenters recommended a additional safety measures until Circumstances—Pressure Reduction demonstration project and suggested remediation can be completed. PHMSA collect and review the PHMSA expects that greater Both the hazardous liquid proposed notification data over a two- understanding of the causes of repair (§ 195.452(h)) and gas transmission year period before making a final delays will help identify where extra (§ 192.933) pipeline IM remediation determination on the need for continued actions can help. We are particularly criteria require operators to reduce notification. Commenters also suggested interested in whether any delays are due pressure or to shut down the pipeline collecting the information through to permitting problems. We also agree until they can remediate all anomalous annual reporting for any case where that periodic information collection, as conditions. The IM regulations do not operators could not meet the part of the annual report, would reduce require notification when an operator remediation schedule requirements of the paperwork burden without reduces pressure unless the operator § 195.452(h). compromising safety. In the future, cannot meet its schedule for evaluating Other commenters suggested pressure PHMSA will consider revising and remediating conditions and cannot reduction notifications should apply requirements for annual reports to provide safety through a temporary where remediation requirements cannot include the number of times repairs decrease in operating pressure. If a be met due to circumstances beyond the required by IM regulations are delayed, pressure reduction exceeds 365 days, a operator’s control, when events impact beyond required repair times, because of gas transmission pipeline operator must energy supply, or when the operator permitting issues. provide technical justification that the cannot meet the remediation time limits PHMSA has clarified that the continued pressure reduction will not and the pressure reduction exceeds 365 notification requirements apply to jeopardize the pipeline’s integrity, and a days. Notifications in these situations certain pressure reductions made for hazardous liquid pipeline operator must would provide PHMSA with more purposes of IM remediation take further remedial action to ensure information on conditions interfering requirements. We have also modified the safety of the pipeline. with repair attempts and help PHMSA the wording in §§ 192.933(c) and PHMSA proposed amending its recognize patterns potentially affecting 195.452(h)(3) to make it clearer and regulations to require an operator of a pipeline safety. consistent with wording in the IM gas transmission or hazardous liquid Commenters also requested PHMSA notification requirements. There is no pipeline to notify PHMSA when it clarify that the notifications requested change in the requirement. With the reduces pressure on an IM program are for pressure reductions related to IM revised wording, this section will now segment (to remediate a defect), and to remediation and not for other situations, require an operator to explain why it provide a justification for the pressure such as pressure reductions done as cannot meet its schedule for evaluation reduction. If a repair was not completed safety precautions. and remediation of a condition and that within 365 days, the operator would PHMSA Response: After analyzing the the changed schedule will not again be required to notify PHMSA and comments, PHMSA agrees that adding a jeopardize public safety (gas provide an explanation for the delay. requirement to notify PHMSA (and transmission) or public safety or PHMSA intended the proposed States, when applicable) of every environmental protection (hazardous rfrederick on PROD1PC67 with RULES notification to provide better pressure reduction would add a liquid). information on what causes schedule significant burden and likely would not We received favorable comments on delays (permitting, scheduling, other); result in commensurate useful the proposal to eliminate the and where and under what information. Temporary pressure notification provisions for local pipeline circumstances PHMSA would be in a reductions add extra safety margin and safety authorities. Accordingly, we are VerDate Aug<31>2005 15:06 Jul 16, 2007 Jkt 211001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 Federal Register / Vol. 72, No. 136 / Tuesday, July 17, 2007 / Rules and Regulations 39015 repealing this requirement as proposed. IV. Regulatory Analyses and Notices reductions exceeding 365 days will also For gas transmission pipeline operators, create benefits, and negligible added A. Privacy Act State notification requirements will costs. Together, PHMSA expects these continue for intrastate pipelines Anyone can search the electronic changes to the IM regulations for regulated by that State or for interstate form of all comments received in hazardous liquid and gas transmission gas transmission pipelines in States response to any of our dockets by the pipelines to create positive net benefits where PHMSA has an interstate agent name of the individual submitting the to the affected industry. Based on the comment (or signing the comment, if cost benefit analysis the regulatory agreement. submitted on behalf of an association, changes will not have a significant (4) Formula for Reducing Operating business, labor union, etc.). DOT’s impact on a substantial number of small Pressure complete Privacy Act Statement was entities. published in the Federal Register on PHMSA developed this final rule in Section 195.452(h)(4) requires a April 11, 2000 (65 FR 19477) and is accordance with Executive Order 13272 hazardous liquid pipeline operator to available on the Web at http:// (‘‘Proper Consideration of Small Entities calculate a temporary reduction in dms.dot.gov. in Agency Rulemaking’’) and DOT’s operating pressure using the formula in procedures and policies to promote B. Executive Order 12866 and DOT section 451.7 of ASME/ANSI B 31.4 compliance with the Regulatory Regulatory Policies and Procedures when making an immediate repair. The Flexibility Act to ensure that the requirement is to ensure an extra safety This final rule is not considered a potential impact of rules on small margin. However, this formula only significant regulatory action under entities are properly considered. The applies to metal loss anomalies, not to section 3(f) of Executive Order 12866 Small Business Administration’s small all immediate repair conditions, and can (58 FR 51735; Oct. 4, 1993) or the business definition is either $6 million result in a calculated pressure higher Regulatory Policies and Procedures of in revenue (for natural gas pipelines than the original operating pressure. the Department of Transportation (44 FR under North American Industry 11034; Feb. 26, 1979). A final regulatory Classification System (NAICS) 486210) PHMSA proposed revising the evaluation is in the docket for this or 1,500 employees (for crude oil and provision by allowing hazardous liquid rulemaking. refined petroleum product pipelines pipeline operators to use the ASME/ The rule’s provision concerning under NAICS 486110 and 486910). ANSI B 31.4 formula, if applicable. If scheduling continued integrity Based on a review of data collected from not applicable to the anomaly, or if the assessments will yield benefits in the the hazardous liquid pipeline industry, formula results in a calculated pressure form of additional flexibility, and will PHMSA estimates there are 10–20 small higher than the original operating have no cost effects. PHMSA believes entities. PHMSA does not have an pressure, operators could use an the change to the notification estimate of the number of gas alternative acceptable method to requirement for pressure reductions transmission pipeline operators that calculate pressure reductions. exceeding 365 days will add minimally meet the small business definition. Comment: Commenters supported to the annual average cost to each Information collection determining PHMSA’s proposal to allow operators to operator, and to the number of operators pipeline operator staffing or revenue use alternative methods to address affected. PHMSA expects the benefits would require separate Office of will offset costs. Together, PHMSA Management and Budget (OMB) anomalies and pipeline operating expects these changes to IM regulations approval. However, as stated above, conditions. No commenter opposed the for hazardous liquid and gas compliance with this regulation requires proposal. transmission pipelines to create positive a trivial expenditure and imposes a PHMSA Response: We are adopting net benefits. minimal burden on small businesses. the proposal with minor wording I certify this final rule would not have changes. This final rule provides C. Regulatory Flexibility Act and a significant economic impact on a Executive Order 13272 flexibility in methods an operator may substantial number of small entities. use to calculate a pressure reduction The Regulatory Flexibility Act (5 The costs associated with this final rule when making immediate repairs on a U.S.C. 601–611) requires agencies to will be offset with benefits such as hazardous liquid pipeline. review each new regulation and assess increased flexibility for operators. The its impact on small businesses and other changed notification requirements for III. Advisory Committee small entities to determine whether the pressure reductions exceeding 365 days Recommendations final rule will have a significant impact would create benefits and negligible on a substantial number of small added costs. The amendments adopted in this final entities. This rule imposes minimal new rule have been reviewed and approved costs of compliance on the regulated D. Executive Order 13132 by both of our pipeline safety standards community. The requirements do not PHMSA analyzed this rule under the advisory committees, the Technical apply to a substantial number of small principles and criteria contained in Pipeline Safety Standards Committee, entities. The revisions to the IM rules Executive Order 13132 (Federalism). and the Technical Hazardous Liquid will affect hazardous liquid pipeline None of the changes in this final rule: Pipeline Safety Standards Committee. operators and gas transmission pipeline (1) Have a substantial direct effect on On June 28, 2006, PHMSA held a joint operators. PHMSA expects notification States, relationships between the meeting of the Committees and two costs per operator to be significantly less Federal government and the States, or concurrent public workshops in than $3.04 annually, a non-significant on distribution of power and Alexandria, VA. PHMSA presented the burden on any pipeline operator, large responsibilities among various levels of rfrederick on PROD1PC67 with RULES proposed changes to the committees for or small. The changes to add scheduling government; (2) imposes substantial a vote. Following a brief discussion, the flexibility to the integrity reassessments direct compliance costs on States and committee members unanimously will create positive benefits and impose local governments; or (3) preempts State carried a motion to accept the rule minimal additional costs. The changed law. Therefore, the consultation and changes. notification requirements for pressure funding requirements of Executive VerDate Aug<31>2005 15:06 Jul 16, 2007 Jkt 211001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 39016 Federal Register / Vol. 72, No. 136 / Tuesday, July 17, 2007 / Rules and Regulations Order 13132 (64 FR 43255; August 10, burden on individual operators or the covered segment. An operator must 1999) do not apply. industry because of the notification determine any temporary reduction in requirement in this rule. operating pressure required by this E. Executive Order 13175 section using ASME/ANSI B31G PHMSA analyzed this rule under the I. National Environmental Policy Act (incorporated by reference, see § 192.7) principles and criteria contained in PHMSA analyzed this rule under or AGA Pipeline Research Committee Executive Order 13175 (‘‘Consultation section 102(2)(c) of the National Project PR–3–805 (‘‘RSTRENG,’’ and Coordination with Indian Tribal Environmental Policy Act (42 U.S.C. incorporated by reference, see § 192.7) Governments’’) (63 FR 27655; November 4332), the Council on Environmental or reduce the operating pressure to a 9, 2000). Because this rule will not Quality regulations (40 CFR 1500–1508), level not exceeding 80 percent of the significantly or uniquely affect the and DOT Order 5610.1C, and level at the time the condition was communities of the Indian tribal determined this action will not discovered. (See appendix A to this part governments, the funding and significantly affect the quality of the for information on availability of consultation requirements of this human environment. PHMSA did not incorporation by reference information.) Executive Order do not apply. receive comments on the environmental An operator must notify PHMSA in assessment prepared on the proposed accordance with § 192.949 if it cannot F. Executive Order 13211 rule. The final environmental meet the schedule for evaluation and This rule is not a ‘‘significant energy assessment is in the Docket. remediation required under paragraph action’’ under Executive Order 13211 (c) of this section and cannot provide (Actions Concerning Regulations That List of Subjects safety through temporary reduction in Significantly Affect Energy Supply, 49 CFR Part 192 operating pressure or other action. An Distribution, or Use). It is not likely to operator must also notify a State have a significant adverse effect on Pipeline safety, Reporting and recordkeeping requirements. pipeline safety authority when either a energy supply, distribution, or use. This covered segment is located in a State rule does not change the pressure 49 CFR Part 195 where PHMSA has an interstate agent reduction restrictions in the IM agreement, or an intrastate covered Pipeline safety, Reporting and regulations. It only changes the segment is regulated by that State. recordkeeping requirements. notification requirements associated with those pressure reductions. I For the reasons set forth in the (2) Long-term pressure reduction. preamble, PHMSA amends 49 CFR parts When a pressure reduction exceeds 365 G. Unfunded Mandates 192 and 195 as follows: days, the operator must notify PHMSA This rule does not impose unfunded under § 192.949 and explain the reasons mandates under the 1995 Unfunded PART 192—TRANSPORTATION OF for the remediation delay. This notice Mandates Reform Act. It does not result NATURAL AND OTHER GAS BY must include a technical justification in costs of $100 million or more to PIPELINE: MINIMUM FEDERAL that the continued pressure reduction either State, local, or tribal governments, SAFETY STANDARDS will not jeopardize the integrity of the in aggregate, or to the private sector, and pipeline. The operator also must notify I 1. The authority citation for part 192 is the least burdensome alternative for a State pipeline safety authority when continues to read as follows: achieving the objectives. either a covered segment is located in a Authority: 49 U.S.C. 5103, 60102, 60104, State where PHMSA has an interstate H. Paperwork Reduction Act 60108, 60109, 60110, 60113, and 60118; and agent agreement, or an intrastate PHMSA evaluated the rule, as 49 CFR 1.53. covered segment is regulated by that required by the Paperwork Reduction I 2. Amend § 192.933 by revising State. Act of 1995 (44 U.S.C. 3507(d)), and paragraphs (a) and (c), to read as * * * * * believes the rule will impose no follows: significant paperwork burden on (c) Schedule for evaluation and industry or individual operators. § 192.933 What actions must an operator remediation. An operator must complete Industry commenters to the rule take to address integrity issues? remediation of a condition according to supported the revised notification (a) General requirements. An operator a schedule prioritizing the conditions requirements. As required, PHMSA must take prompt action to address all for evaluation and remediation. Unless presented a separate paperwork analysis anomalous conditions the operator a special requirement for remediating to OMB for review and will file a copy discovers through the integrity certain conditions applies, as provided of the analysis in the docket. assessment. In addressing all in paragraph (d) of this section, an This rule imposes minimal conditions, an operator must evaluate operator must follow the schedule in information collection requirements. all anomalous conditions and remediate ASME/ANSI B31.8S (incorporated by Based on information currently those that could reduce a pipeline’s reference, see § 192.7), section 7, Figure available to PHMSA, 26 operators filed integrity. An operator must be able to 4. If an operator cannot meet the 74 pressure reduction notifications over demonstrate that the remediation of the schedule for any condition, the operator the last three years. The revised condition will ensure the condition is must explain the reasons why it cannot notification requirements will likely unlikely to pose a threat to the integrity meet the schedule and how the changed result in minimal additional paperwork of the pipeline until the next schedule will not jeopardize public burden. The estimated average time to reassessment of the covered segment. safety. prepare a notification request is 30 (1) Temporary pressure reduction. If * * * * * minutes. PHMSA does not know how an operator is unable to respond within rfrederick on PROD1PC67 with RULES many more notifications will result from the time limits for certain conditions PART 195—TRANSPORTATION OF the requirement but estimates, on specified in this section, the operator HAZARDOUS LIQUIDS BY PIPELINE average, less than $3.04 per affected must temporarily reduce the operating operator per year. Therefore, there pressure of the pipeline or take other I 3. The authority citation for part 195 should be no significant cost or hourly action that ensures the safety of the continues to read as follows: VerDate Aug<31>2005 15:06 Jul 16, 2007 Jkt 211001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1 Federal Register / Vol. 72, No. 136 / Tuesday, July 17, 2007 / Rules and Regulations 39017 Authority: 49 U.S.C. 5103, 60102, 60104, (ii) Long-term pressure reduction. ANSI B31.4 (incorporated by reference, 60108, 60109, 60118; and 49 CFR 1.53. When a pressure reduction exceeds 365 see § 195.3), if applicable. If the formula I 4. Amend § 195.452 by revising days, the operator must notify PHMSA is not applicable to the type of anomaly paragraphs (h)(1), (h)(3), (h)(4), and (j)(3) in accordance with paragraph (m) of this or would produce a higher operating to read as follows: section and explain the reasons for the pressure, an operator must use an delay. An operator must also take alternative acceptable method to § 195.452 Pipeline integrity management in further remedial action to ensure the calculate a reduced operating pressure. high consequence areas. safety of the pipeline. An operator must treat the following * * * * * * * * * * conditions as immediate repair (h) * * * (1) General requirements. (3) Schedule for evaluation and conditions: An operator must take prompt action to remediation. An operator must complete * * * * * address all anomalous conditions the remediation of a condition according to (3) Assessment intervals. An operator operator discovers through the integrity a schedule prioritizing the conditions must establish five-year intervals, not to assessment or information analysis. In for evaluation and remediation. If an exceed 68 months, for continually addressing all conditions, an operator operator cannot meet the schedule for assessing the line pipe’s integrity. An must evaluate all anomalous conditions any condition, the operator must operator must base the assessment and remediate those that could reduce explain the reasons why it cannot meet intervals on the risk the line pipe poses a pipeline’s integrity. An operator must the schedule and how the changed to the high consequence area to be able to demonstrate that the schedule will not jeopardize public determine the priority for assessing the remediation of the condition will ensure safety or environmental protection. pipeline segments. An operator must the condition is unlikely to pose a threat (4) Special requirements for establish the assessment intervals based to the long-term integrity of the scheduling remediation. (i) Immediate on the factors specified in paragraph (e) pipeline. An operator must comply with repair conditions. An operator’s of this section, the analysis of the results § 195.422 when making a repair. evaluation and remediation schedule from the last integrity assessment, and (i) Temporary pressure reduction. An must provide for immediate repair the information analysis required by operator must notify PHMSA, in conditions. To maintain safety, an paragraph (g) of this section. accordance with paragraph (m) of this operator must temporarily reduce the * * * * * section, if the operator cannot meet the operating pressure or shut down the schedule for evaluation and remediation pipeline until the operator completes Issued in Washington, DC, on July 6, 2007. required under paragraph (h)(3) of this the repair of these conditions. An Thomas J. Barrett, section and cannot provide safety operator must calculate the temporary Administrator. through a temporary reduction in reduction in operating pressure using [FR Doc. E7–13772 Filed 7–16–07; 8:45 am] operating pressure. the formula in section 451.7 of ASME/ BILLING CODE 4910–60–P rfrederick on PROD1PC67 with RULES VerDate Aug<31>2005 15:06 Jul 16, 2007 Jkt 211001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\17JYR1.SGM 17JYR1