[Federal Register: September 29, 2006 (Volume 71, Number 189)]
[Proposed Rules]
[Page 57457-57459]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se06-29]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 192
[Docket No. PHMSA-2003-15852]
RIN 2137-AE17
Pipeline Safety: Applicability of Public Awareness Regulations to
Certain Gas Distribution Operators
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking.
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SUMMARY: PHMSA proposes to relax regulatory requirements governing
public awareness programs conducted by operators of master meter
systems and certain operators of petroleum gas systems. These operators
typically manage property and incidentally provide gas service to
customers located on the property. The proposed change provides a less
burdensome means for these operators to satisfy public awareness needs.
DATES: Anyone interested in filing written comments on the rule
proposed in this document must do so by November 28, 2006. PHMSA will
consider late filed comments so far as practicable.
ADDRESSES: Comments should reference Docket No. PHMSA-2003-15852 and
may be submitted in the following ways:
DOT Web site: http://dms.dot.gov. To submit comments on
the DOT electronic docket site, click ``Comment/Submissions,'' click
``Continue,'' fill in the requested information, click ``Continue,''
enter your comment, then click ``Submit.''
Fax: 1-202-493-2251.
Mail: Docket Management System: U.S. Department of
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401,
Washington, DC 20590-0001.
Hand Delivery: DOT Docket Management System; Room PL-401
on the plaza level of the Nassif Building, 400 Seventh Street, SW.,
Washington, DC between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
E-Gov Web Site: http://www.Regulations.gov. This site
allows the public to enter comments on any Federal Register notice
issued by any agency.
Instructions: You should identify the docket number, PHMSA-2003-
15852, at the beginning of your comments. If you submit your comments
by mail, you should submit two copies. If you wish to receive
confirmation that PHMSA received your comments, you should include a
self-addressed stamped postcard. Internet users may submit comments at
http://www.regulations.gov, and may access all comments received by DOT at http://dms.dot.gov by performing a simple search for the docket
number.
Note: All comments will be posted without changes or edits to
http://dms.dot.gov including any personal information provided.
Please see the Privacy Act heading in the Regulatory Analyses and
Notices section of the SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: For information about this rulemaking
contact Barbara Betsock by phone at (202) 366-4361, or by e-mail at
barbara.betsock@dot.gov. For information about public awareness
programs, contact Blaine Keener by phone at (202) 366-0970 or e-mail at
blaine.keener@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
PHMSA published a final rule on public awareness programs on May
19, 2005 (70 FR 28833). The rule requires each pipeline operator to
develop a written public awareness program following American Petroleum
Institute Recommended Practice 1162 (API RP 1162) and to carry out that
program on a continual basis. A public awareness program includes
outreach to populations near the pipelines on safety and environmental
issues involving pipelines and to emergency responders on identifying
and responding to pipeline emergencies. The American Public Gas
Association (APGA) filed a petition for reconsideration of the public
awareness regulations on June 10, 2005, seeking to change the
regulatory requirements for master meter systems. In a written response
to the APGA and through public workshops and an advisory bulletin (71
FR 34998), PHMSA has indicated its intention to relieve operators of
master meter and petroleum gas distribution systems from some of these
requirements.
Applicability to Operators of Master Meter Systems
A master meter system is defined in 49 CFR 191.3. An operator of a
master meter system receives gas through a meter as the customer of a
local distribution company and then redistributes the gas on its own
property. The operator of a master meter system distributes gas as an
incidental part of a primary business. For example, a typical master
meter operator manages a trailer park or apartment complex and may
charge residents for the gas service through the rent. The master meter
system is typically located on the property of the master meter
operator. Data received from forty-seven state pipeline safety agencies
in 2005 shows over 6,500 master meter systems in operation. Because an
operator of a master meter system does not file annual reports with
PHMSA, we have no quantified data about the size of the systems, either
by mileage or by number of customers.
The customers of a master meter operator live near pipelines
operated by the gas distribution company supplying the master meter
system. Because of this proximity, APGA notes, in its petition for
reconsideration, the requirement for the gas distribution company to
conduct outreach to these residents and to the local emergency
responders. Messages from the master meter operator might differ from
those of the gas distribution system serving the master meter. APGA,
which represents distribution companies owned by municipalities,
expresses concern these different messages might confuse both the
public and emergency responders. We agree with this concern. However,
we do not agree with APGA's suggested alternative approaches, complete
relief from public awareness regulations or a requirement to pass along
information received from the distribution company providing gas
service to the master meter operator.
Given the proximity of the master meter system to the gas
distribution company's pipeline, customers of the master meter operator
may already receive information from the gas distribution company. The
gas distribution company will provide information about recognizing and
reporting a pipeline safety issue. However, this would not ordinarily
include information about the master meter system or how to notify the
master meter operator about pipeline events on the master meter system.
The master meter operator needs to fill this information gap for its
customers. We propose to require a master meter operator to conduct a
limited public education program reaching (1) customers of the master
meter system and (2) persons controlling other property, if any, the
master meter system crosses.
Proposed 49 CFR 192.616(j) provides the alternative approach to
public awareness programs just described. We based it on the
communication requirements for customers described in API RP 1162. To
make compliance
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easier for these operators, we have spelled out the requirements in the
language of the proposed rule rather than in cross-referencing API RP
1162.
We are proposing to relieve the master meter operators of the rest
of the requirements of the more extensive API RP 1162 public awareness
program. The damage prevention regulations have long excepted master
meter operators from requirements to extend outreach activities to
excavators and the public. (49 CFR 192.614(e)). In excepting master
meter operators, we found their participation in the activities
unnecessary for safety. These outreach activities are consistent with
damage prevention outreach described for public awareness programs in
API RP 1162. As a pipeline operator, the operator of a master meter has
a continuing duty, under 49 CFR 192.615, to maintain liaison with local
emergency responders. This liaison ensures communication and
coordination if a pipeline emergency occurs. A pipeline emergency on a
master meter system will likely be contained on the property owned by
the operator of the master meter system. However, the operator of a
master meter system lacks the expertise of the local gas distribution
company in pipeline safety issues needed to effectively conduct the
more extensive public awareness program described in API RP 1162 for
outreach to the responders, local officials, excavators, and the
general public.
Applicability to Operators of Petroleum Gas Systems
Many operators of petroleum gas systems are similar to operators of
master meters because they distribute gas as an incidental part of
their primary business. The operator of a petroleum gas system receives
a supply of propane (or similar petroleum product), frequently by
truck; vaporizes it; and supplies its customers with petroleum gas. A
petroleum gas system may be in a remote area without gas distribution
service, for example a ski lodge. Data received from forty-eight state
pipeline safety agencies in 2005 shows over 1,000 petroleum gas systems
in operation. Operators of petroleum gas systems with more than 100
customers file annual reports with PHMSA along with other gas
distribution operators. However, because these reports do not identify
the type of gas distributed, we have no quantified data about the size
of petroleum gas systems, either in terms of mileage or of number of
customers.
Some operators of a petroleum gas system distribute gas as a major
part of their business. These operators have pipeline safety expertise
equivalent to other gas distribution companies and should develop and
implement public awareness programs. Others, like operators of master
meter systems, distribute gas incidentally to a primary business, such
as property management. These petroleum gas operators need to
communicate with their customers and those persons controlling property
they cross. They also need to maintain liaison required by 49 CFR
192.615 with emergency responders. However, they will be less effective
in the remaining outreach activities required for public awareness. We
propose to relieve them of public awareness requirements to the same
extent as master meter operators, retaining the same communication
requirements. Proposed 49 CFR 192.616(j), which provides the
alternative for master meter operators, also addresses petroleum gas
operators.
Compliance Dates
The regulations currently require development and implementation of
public awareness programs meeting API RP 1162. This proposal provides
less onerous requirements for master meter and petroleum gas operators
(for whom gas transportation is not a primary business activity)
regardless of size. We propose to require compliance in early 2007. We
believe this will allow sufficient time for compliance.
Statutory Considerations
PHMSA has broad authority to issue safety standards on the
operation and maintenance of gas and hazardous liquid pipelines. This
authority is in 49 U.S.C. 60102(a). In addition, 49 U.S.C. 60116
provides specific requirements for operators to develop public
awareness programs and authorizes PHMSA to issue implementing
regulations. Although this proposed rule provides less onerous
requirements for certain master meter and petroleum gas system
operators, compliance with it would satisfy the requirements 49 U.S.C.
60116 places on operators. Under 49 U.S.C. 60102(b), a pipeline safety
standard must be practicable and designed to meet the need for pipeline
safety and for protection of the environment. To satisfy this
requirement, PHMSA must consider several factors in issuing a safety
standard. These factors include the relevant available pipeline safety
and environmental information, the appropriateness of the standard for
the type of pipeline, the reasonableness of the standard, and
reasonably identifiable or estimated costs and benefits. PHMSA has
considered these factors in developing this proposed rule. PHMSA must
also consider any comments received from the public and any comments
and recommendations of the Technical Pipeline Safety Standards
Committee on gas pipeline safety standards and the Technical Hazardous
Liquid Pipeline Safety Standards Committee on hazardous liquid pipeline
safety standards (pipeline advisory committees). This document seeks
public comment on the proposed rule; the pipeline advisory committees
will formally consider it in a future meeting. PHMSA will address the
public comments and the recommendations of the pipeline advisory
committees when the agency prepares a final rule.
Regulatory Analyses and Notices
Privacy Act Statement
Anyone may search the electronic form of all comments received for
any of our dockets. You may review DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477) or
you may visit http://dms.dot.gov.
Executive Order 12866 and DOT Policies and Procedures
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was
not subject to review by the Office of Management and Budget. This
proposed rule is not significant under the Regulatory Policies and
Procedures of the Department of Transportation (44 FR 11034).
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), PHMSA
must consider whether rulemaking actions would have a significant
economic impact on a substantial number of small entities. This
proposed rule would affect operators of master meters and petroleum gas
systems. Although we do not have quantitative data, we believe many of
the operators of these systems are small entities. This proposed rule
would relieve regulatory burden for most of these operators. PHMSA
concludes this proposed rule would not have a significant negative
economic impact on any small entity.
Executive Order 13175
PHMSA has analyzed this proposed rulemaking according to Executive
Order 13175, ``Consultation and Coordination with Indian Tribal
Governments.'' Because the proposed rulemaking would not significantly
or uniquely affect the communities of the Indian tribal governments or
impose substantial direct compliance costs, the
[[Page 57459]]
funding and consultation requirements of Executive Order 13175 do not
apply.
Paperwork Reduction Act
This proposed rule does not impose any new information collection
requirements.
Unfunded Mandates Reform Act of 1995
This proposed rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$100 million or more to either State, local, or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the proposed rulemaking.
National Environmental Policy Act
PHMSA has analyzed the proposed rulemaking for purposes of the
National Environmental Policy Act (42 U.S.C. 4321 et seq.) and
preliminarily determined the proposed rulemaking is unlikely to affect
the quality of the human environment significantly. An environmental
assessment document is available for review in the docket. PHMSA will
make a final determination on environmental impact after reviewing the
comments to this proposal.
Executive Order 13132
PHMSA has analyzed the proposed rulemaking according to Executive
Order 13132 (``Federalism''). The proposed rule does 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. The proposed
rule does not impose substantial direct compliance costs on State and
local governments. This proposed regulation would not preempt state law
for intrastate pipelines. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
Executive Order 13211
Transporting gas impacts the nation's available energy supply.
However, this proposed rulemaking is not a ``significant energy
action'' under Executive Order 13211. It also is not a significant
regulatory action under Executive Order 12866 and is not likely to have
a significant adverse effect on the supply, distribution, or use of
energy. Further, the Administrator of the Office of Information and
Regulatory Affairs has not identified this proposed rule as a
significant energy action.
List of Subjects in 49 CFR Part 192
Pipeline safety.
For the reasons provided in the preamble, PHMSA proposes to amend
49 CFR Part 192 as follows:
PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
1. The authority citation for part 192 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,
60113, 60116, and 60118; and 49 CFR 1.53.
2. Amend Sec. 192.616 as follows:
a. Revise paragraph (a);
b. Amend paragraph (h) by revising the second sentence; and
c. Add paragraph (j).
The changes read as follows:
Sec. 192.616 Public awareness.
(a) Except for an operator of a master meter or petroleum gas
system covered under paragraph (j) of this section, each pipeline
operator must develop and implement a written continuing public
education program that follows the guidance provided in the American
Petroleum Institute's (API) Recommended Practice (RP) 1162 (IBR, see
Sec. 192.7).
* * * * *
(h) * * * The operator of a master meter or petroleum gas system
covered under paragraph (j) of this section must complete development
of its written procedure by March 31, 2007. * * *
* * * * *
(j) Unless the operator transports gas as a primary activity, the
operator of a master meter or petroleum gas system is not required to
develop a public awareness program as prescribed in paragraphs (a)
through (g) of this section. Instead the operator must develop and
implement a written procedure to provide its customers public awareness
messages twice annually. If the master meter or petroleum gas system is
located on property the operator does not control, the operator must
provide similar messages twice annually to persons controlling the
property. The public awareness message must include:
(1) A description of the purpose and reliability of the pipeline;
(2) An overview of the hazards of the pipeline and prevention
measures used;
(3) Information about damage prevention;
(4) How to recognize and respond to a leak; and
(5) How to get additional information.
Issued in Washington, DC, on September 19, 2006.
Theodore L. Willke,
Acting Associate Administrator for Pipeline Safety.
[FR Doc. E6-16031 Filed 9-28-06; 8:45 am]
BILLING CODE 4910-60-P