[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Proposed Rules]
[Pages 56972-56975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23227]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 192 and 195
[Docket ID PHMSA-2007-27954]
RIN 2137-AE64
Pipeline Safety: Control Room Management/Human Factors
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA);
DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: PHMSA published the Control Room Management/Human Factors
final rule in the Federal Register on December 3, 2009, which became
effective on February 1, 2010. The final rule established an 18-month
program development deadline of August 1, 2011, and a subsequent 18-
month program implementation deadline of February 1, 2013. This
proposed rule proposes to expedite the program implementation deadline
to August 1, 2011, for most of the requirements, except for certain
provisions regarding adequate information and alarm management, which
would have a program implementation deadline of August 1, 2012.
DATES: Anyone interested in filing written comments on this proposed
rule must do so by November 16, 2010. PHMSA will consider late comments
filed so far as practical.
ADDRESSES: Comments should reference Docket No. PHMSA-2007-27954 and
may be submitted in the following ways:
E-Gov Web site: http://www.regulations.gov. This web site
allows the public to enter comments on any Federal Register notice
issued by any agency. Follow the instructions for submitting comments.
Fax: 1-202-493-2251.
Mail: DOT Docket Management System: U.S. DOT, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
Hand Delivery: DOT Docket Management System; West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC
20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except
Federal holidays.
Instructions: You should identify the Docket No. PHMSA-2007-27954
at the beginning of your comments. If you submit your comments by mail,
submit two copies. To receive confirmation that PHMSA received your
comments, include a self-addressed stamped postcard. Internet users may
submit comments at http://www.regulations.gov.
Note: Comments are posted without changes or edits to http://www.regulations.gov, including any personal information provided.
There is a privacy statement published on http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For further information contact Byron
Coy at 609-989-2180 or by e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
Background
There are roughly 170,000 miles of hazardous liquid pipelines,
295,000 miles of gas transmission pipelines, and 1.9 million miles of
gas distribution pipelines in the United States. These pipelines
transport about 66 percent of the United States domestic energy supply.
Hazardous liquid pipelines carry crude oil to refineries and refined
products to locations where these products are consumed. Hazardous
liquid pipelines also transport highly volatile liquids, other
hazardous liquids such as anhydrous ammonia, and carbon dioxide. Gas
transmission pipelines typically carry natural gas over long distances
from gas gathering, supply, or import facilities to localities where it
is used to heat homes, generate
[[Page 56973]]
electricity, and fuel industry. Gas distribution pipelines take natural
gas from transmission pipelines and distribute it to residential,
commercial, and industrial customers. PHMSA's goal is to protect the
general public and the environment by providing the most effective
pipeline safety regulations and enforcement programs.
To fulfill certain mandates in the Pipeline Inspection, Protection,
Enforcement, and Safety Act of 2006 (Pub. L. 109-468), and to address
several recommendations of the National Transportation Safety Board,
PHMSA published on December 3, 2009, a final rule in the Federal
Register (74 FR 63310) titled: ``Pipeline Safety: Control Room
Management/Human Factors.'' The final rule amended the Federal pipeline
safety regulations to address human factors and other aspects of
control room management for certain pipelines where controllers use
supervisory control and data acquisition (SCADA) systems. Under the
final rule, pipeline operators must implement methods to reduce the
risk associated with controller fatigue. In addition, certain operators
must define the roles and responsibilities of controllers and provide
controllers with the necessary information, training, and processes to
fulfill these responsibilities. Affected operators must also manage
alarms, assure control room considerations are taken into account when
changing pipeline equipment or configurations, and review reportable
incidents or accidents to determine whether control room actions
contributed to the event. The final rule established a program
development deadline of August 1, 2011, and a program implementation
deadline of February 1, 2013, for all substantive provisions in the
rule.
Justification
PHMSA periodically reviews its pipeline safety regulations to
protect people and the environment from the risks inherent in
transportation of hazardous materials. Pipeline control rooms and
controllers covered by the control room management rule are critical to
the safe operation of pipeline systems. Control rooms and controllers
facilitate and enable normal operations, and provide for prompt
detection and appropriate response to abnormal conditions and to
emergencies that may arise. The control room is the central location
where controllers and computers receive data from field sensors.
Commands from the control room can also be transmitted back to remotely
controlled equipment as well as field personnel who may receive
information from the control room necessary for operations and
maintenance activities being conducted in the field.
After evaluating the substantive provisions in the control room
management rule, as set forth in more detail below, including the fact
that most of the effort to comply with many of the provisions will have
already been completed by the August 1, 2011, deadline, PHMSA believes
that the program implementation deadlines should be expedited to
realize the safety benefit to the public, property, and the environment
sooner. Where PHMSA believes there is a need for additional program
implementation time, the agency proposes to moderately shorten the time
provided in the current rule by only six months. For these reasons, we
do not believe expediting the implementation deadlines for the selected
paragraphs will have significant impact to pipeline operators.
PHMSA proposes to amend the implementation deadlines in 49 CFR
192.631 and 195.446 as follows:
(a) General--This paragraph establishes the scope of the rule and
would be amended to reflect the revised implementation deadlines set
forth below.
(b) Roles and Responsibilities--This paragraph requires operators
to define the roles and responsibilities of a controller during normal,
abnormal, and emergency operating conditions. Because most, if not all,
of the effort to define controllers' roles and responsibilities will be
performed during the development stage and completed under the current
rule by August 1, 2011, PHMSA believes the program implementation
deadline should be expedited to coincide with the program development
deadline.
(c) Provide Adequate Information--This paragraph requires operators
to provide their controllers with the information, tools, processes and
procedures necessary for the controllers to carry out the roles and
responsibilities the operators have defined. Paragraphs (c)(1) through
(c)(4) may require certain physical changes and testing to an
operator's SCADA system, backup system, and communications. PHMSA
believes the program implementation deadline for paragraphs (c)(1)
through (c)(4) should be expedited by six months to August 1, 2012, to
realize the safety benefit to the public, property, and the environment
sooner, with minimal impact on regulated entities.
Paragraph (c)(5) requires the establishment of procedures for when
a different controller assumes responsibility, including the content of
information to be exchanged. Since this section is tied to shift
change, and because most, if not all, of the work to comply with this
requirement will be performed during the development stage and
completed under the current rule by August 1, 2011, PHMSA believes the
program implementation deadline for paragraph (c)(5) should be
expedited to coincide with the program development deadline consistent
with paragraph (d) for fatigue.
(d) Fatigue Mitigation--This paragraph requires operators to
implement fatigue mitigation methods to reduce the risk associated with
controller fatigue that could inhibit a controller's ability to carry
out the roles and responsibilities the operator has defined. Since
most, if not all, of the work to comply with this requirement will be
performed during the development stage and completed under the current
rule by August 1, 2011, PHMSA believes the program implementation
deadline for this paragraph should be expedited to coincide with the
program development deadline.
(e) Alarm Management--This paragraph requires operators that use a
SCADA system to have a written alarm management plan to provide for
effective controller response to alarms. Some provisions in this
paragraph may require physical changes to SCADA systems. PHMSA believes
the program implementation deadline for this paragraph should be
expedited by six months to August 1, 2012, to realize the safety
benefit to the public, property, and the environment sooner, with
minimal impact on regulated entities.
(f) Change Management--This paragraph requires operators to assure
that changes that could affect control room operations are coordinated
with the control room personnel. Since most, if not all, of the work to
comply with this requirement will be performed during the development
stage and completed under the current rule by August 1, 2011, PHMSA
believes the program implementation deadline for this paragraph should
be expedited to coincide with the program development deadline.
(g) Operating Experience--This paragraph requires operators to
assure that lessons learned from its operating experience are
incorporated, as appropriate, into its control room management
procedures. Since most, if not all, of the work to comply with this
requirement will be performed during the development stage and
completed under the current rule by August 1, 2011, PHMSA believes the
program implementation deadline for this
[[Page 56974]]
paragraph should be expedited to coincide with the program development
deadline.
(h) Training--This paragraph requires operators to establish a
controller training program and review the training program content to
identify potential improvements at least once each calendar year, but
at intervals not to exceed 15 months. Since most, if not all, of the
work to comply with this requirement will be performed during the
development stage and completed under the current rule by August 1,
2011, PHMSA believes the program implementation deadline for this
paragraph should be expedited to coincide with the program development
deadline.
(i) Compliance Validation--This paragraph requires operators to
submit their procedures, upon request, to PHMSA or, in the case of an
intrastate pipeline facility regulated by a state, to the appropriate
state agency. This requirement is self-executing and would not be
amended.
(j) Compliance and Deviation--This paragraph requires operators to
maintain, for review during inspection, records that demonstrate
compliance with the requirements of this section, and documentation to
demonstrate that any deviation from the procedures required by this
section was necessary for the safe operation of a pipeline facility.
This requirement is self-executing and would not be amended.
Based on the above justification, PHMSA proposes to amend the
control room management rule to require that operators develop and
implement all paragraphs by August 1, 2011, with the exception of
paragraphs (c)(1) through (c)(4) and (e), which we propose to require
development by August 1, 2011, and implementation by August 1, 2012.
Regulatory Analyses and Notices
Privacy Act Statement
Anyone may search the electronic form of comments received in
response to any of our dockets by the name of the individual submitting
the comment (or signing the comment if submitted for an association,
business, labor union, etc.). You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (65 FR
19477).
Executive Order 12866 and DOT Policies and Procedures
PHMSA considers this proposed rule a non-significant regulatory
action under Section 3(f) of Executive Order 12866 (58 FR 51735;
October 4, 1993). The proposed rule is also non-significant under DOT
regulatory policies and procedures (44 FR 11034; February 26 1979).
The final rule's regulatory analysis did not consider specific
costs for the program implementation deadlines because the costs
associated with the rule were determined to be the first year program
implementation costs, and were not dependent on the implementation
deadline. PHMSA believes that the 18 months provided for program
development is sufficient for pipeline operators to both develop and
implement certain provisions of the rule. Where PHMSA believes there is
a need for additional program implementation time, we propose to
moderately shorten that time by only six months. Therefore, PHMSA does
not believe there is additional cost for this proposed rule beyond what
has already been evaluated in the original control room management
final rule. The final rule's regulatory analysis estimated first year
average cost to be $14.4 million for hazardous liquid pipeline
operators and $28.6 million for gas pipeline operators. The final rule
estimated the quantifiable present value of the costs and benefits to
be about $6 million over a ten year period using a discount rate of
seven percent after all of the requirements are implemented. The final
rule also found the regulatory costs not to exceed an annual effect of
more than $100 million on the national economy, which is not an
economically significant regulatory action within the meaning of
Executive Order 12866.
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. While PHMSA
does not collect information on the number of employees or revenues of
pipeline operators, we do continuously seek information on the number
of small pipeline operators to more fully determine any impacts our
proposed regulations may have on small entities. The final rule
requires most small firms only to comply with certain requirements
mandated by law, namely fatigue mitigation (including training), and
recordkeeping for compliance purposes. Therefore, based on our findings
in the final rule, we do not believe this proposed rule would have a
significant economic impact on small entities.
Executive Order 13175
PHMSA has analyzed this rulemaking according to Executive Order
13175, ``Consultation and Coordination with Indian Tribal
Governments.'' Because the proposed rule would not significantly or
uniquely affect the communities of the Indian tribal governments or
impose substantial direct compliance costs, the funding and
consultation requirements of Executive Order 13175 do not apply.
Paperwork Reduction Act
The proposed rule does not require any additional paperwork burden
on hazardous liquid and gas pipeline operators under the Paperwork
Reduction Act of 1995.
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
$141.3 million or more to either state, local, or tribal governments,
in the aggregate, or to the private sector.
National Environmental Policy Act
PHMSA has examined the proposed rule for purposes of the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) and believes that
expediting the program implementation deadlines may provide beneficial
impacts on the quality of the environment. If pipeline operators comply
with the technical elements of the proposed rule within a shorter time,
environmental benefits would be realized sooner and may reduce the
number and severity of pipeline releases. PHMSA has concluded this
proposed rule would not add any significant negative or beneficial
impacts to the quality of the human environment under the National
Environmental Policy Act.
Executive Order 13132
PHMSA has analyzed the proposed rule according to Executive Order
13132 (``Federalism''). The proposal 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 rule 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 and hazardous liquids impacts the nation's
available energy supply. However, this proposed
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rule is not a ``significant energy action'' under Executive Order 13211
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
proposal as a significant energy action.
List of Subjects
49 CFR Part 192
Incorporation by reference, Gas, Natural gas, Pipeline safety,
Reporting and recordkeeping requirements.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Incorporation by reference,
Petroleum, Pipeline safety, Reporting and recordkeeping requirements.
For the reasons provided in the preamble, PHMSA proposes to amend
49 CFR parts 192 and 195 as follows:
PART 192--TRANSPORTATION OF NATURAL GAS AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
1. The authority citation for part 192 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,
60113, 60116, 60118, and 60137; and 49 CFR 1.53.
2. Amend Sec. 192.631 by revising the last sentence in paragraph
(a)(2) to read as follows:
Sec. 192.631 Control room management.
(a) * * *
(2) * * * An operator must develop and implement the procedures no
later than August 1, 2011, except the procedures required by paragraphs
(c)(1) through (c)(4) and (e) of this section must be developed no
later than August 1, 2011, and implemented no later than August 1,
2012.
* * * * *
PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
3. The authority citation for part 195 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60116,
60118, and 60137; and 49 CFR 1.53.
4. Amend Sec. 195.446 by revising the last sentence in paragraph
(a) to read as follows:
Sec. 195.446 Control room management.
(a) * * * An operator must develop and implement the procedures no
later than August 1, 2011, except the procedures required by paragraphs
(c)(1) through (c)(4) and (e) of this section must be developed no
later than August 1, 2011, and implemented no later than August 1,
2012.
* * * * *
Issued in Washington, DC on September 10, 2010.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2010-23227 Filed 9-16-10; 8:45 am]
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