Rule2022-09474
Pipeline Safety: Safety of Gas Gathering Pipelines: Extension of Reporting Requirements, Regulation of Large, High-Pressure Lines, and Other Related Amendments: Response to a Petition for Reconsideration; Technical Corrections; Issuance of Limited Enforcement Discretion
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 4, 2022
Effective
May 16, 2022
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
PHMSA is alerting the public to its April 1, 2022, response denying a petition for reconsideration of the final rule titled "Safety of Gas Gathering Pipelines: Extension of Reporting Requirements, Regulation of Large, High-Pressure Lines, and Other Related Amendments." This final rule also makes clarifications and two technical corrections to that rulemaking. Lastly, this final rule memorializes a limited enforcement discretion in connection with that rulemaking's amendment of the regulatory definition of "incidental gathering."
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 86 (Wednesday, May 4, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Rules and Regulations]
[Pages 26296-26299]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09474]
[[Page 26296]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 191 and 192
[Docket No. PHMSA-2011-0023; Amdt. Nos. 191-31; 192-131]
RIN 2137-AF38
Pipeline Safety: Safety of Gas Gathering Pipelines: Extension of
Reporting Requirements, Regulation of Large, High-Pressure Lines, and
Other Related Amendments: Response to a Petition for Reconsideration;
Technical Corrections; Issuance of Limited Enforcement Discretion
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule; response to petition for reconsideration;
enforcement discretion; technical corrections.
-----------------------------------------------------------------------
SUMMARY: PHMSA is alerting the public to its April 1, 2022, response
denying a petition for reconsideration of the final rule titled
``Safety of Gas Gathering Pipelines: Extension of Reporting
Requirements, Regulation of Large, High-Pressure Lines, and Other
Related Amendments.'' This final rule also makes clarifications and two
technical corrections to that rulemaking. Lastly, this final rule
memorializes a limited enforcement discretion in connection with that
rulemaking's amendment of the regulatory definition of ``incidental
gathering.''
DATES: This final rule is effective May 16, 2022. The limited
enforcement discretion is effective May 16, 2022.
FOR FURTHER INFORMATION CONTACT: Technical questions: Steve Nanney,
Senior Technical Advisor, by telephone at 713-272-2855.
General information: Sayler Palabrica, Transportation Specialist,
by telephone at 202-366-0559.
SUPPLEMENTARY INFORMATION:
I. Response to Petition for Reconsideration
On November 15, 2021, PHMSA published a final rule titled ``Safety
of Gas Gathering Pipelines: Extension of Reporting Requirements,
Regulation of Large, High-Pressure Lines, and Other Related
Amendments'' \1\ amending the Pipeline Safety Regulations at 49 CFR
parts 191 and 192 to introduce reporting requirements for previously
unregulated Types C and R gas gathering pipelines along with safety
standards for Type C gas gathering pipelines.
---------------------------------------------------------------------------
\1\ 86 FR 63266 (``Final Rule'').
---------------------------------------------------------------------------
On December 15, 2021, the American Petroleum Institute and the GPA
Midstream Association (collectively, ``Petitioners'') submitted a
Petition for Reconsideration of the final rule.\2\ On April 1, 2022,
PHMSA issued a letter to the Petitioners with an accompanying Appendix
(``Response Letter'') responding to the arguments made in the Petition
and denying the Petition and the Motion to Stay. The Response Letter is
available in the docket for this rulemaking at Doc. No. PHMSA-2011-
0023-0504.
---------------------------------------------------------------------------
\2\ Doc. No. PHMSA-2011-0023-0493 (Dec. 20, 2021)
(``Petition''). The Petition was accompanied by a Motion to Stay the
rule (Doc. No. PHMSA-2011-0023-0492 (Dec. 20, 2021)).
---------------------------------------------------------------------------
II. Clarifications and Technical Corrections
Although PHMSA denied the Petition for reasons articulated in the
Response Letter, Petitioners raised certain elements of the final rule
that could benefit from clarification or technical correction to
facilitate operator compliance efforts. Specifically, PHMSA is (1)
issuing a technical correction amending the safety-related condition
report requirements in Sec. 191.23 consistent with statements in the
preamble to the final rule, and (2) clarifying that operators may, when
identifying Type C gas gathering lines pursuant to Sec. 192.8, use the
default specified minimum yield strength (``SMYS'') at Sec.
192.107(b)(2) when the yield strength is not known. PHMSA is also
issuing a technical correction amending Sec. 192.8 to align the
regulatory text with statements in the final rule facilitating
operators' consideration of maximum allowable operating pressure
(``MAOP'') in making threshold determinations that gas gathering
facilities qualify as Type C lines.
A. Technical Correction To Clarify That Certain Type C Gathering Lines
Do Not Need To Report MAOP Exceedances
The final rule exempts all Type R gathering lines from part 191
requirements to report certain safety-related conditions, including
when the pressure on a pipeline exceeds its MAOP. 86 FR at 63295
(revising Sec. 191.23(b)(1)). However, the preamble to the final rule
explained that exception was not meant to be limited to Type R
gathering lines: Type C gathering lines with an outside diameter of
less than 12.75 inches, which are not required by Sec. 192.9(e)-(f) to
establish MAOP pursuant to Sec. 192.619, were to be excepted from the
safety-related condition reporting requirement. 86 FR at 63275. As the
Petition pointed out, PHMSA inadvertently omitted regulatory language
codifying that exception. PHMSA is therefore issuing a technical
correction revising Sec. 191.23(b)(1) to clarify that safety-related
condition reporting of MAOP exceedances is not required for operators
of gathering lines not required to establish an MAOP pursuant to
Sec. Sec. 192.9(e) and (f) and 192.619.
B. Clarification That Operators May Use a Default SMYS for Identifying
Type C Gathering Lines
The final rule sets out in the Table 1 to Sec. 192.8(c)(2) the
criteria for an operator to use in making the threshold determination
that its pipelines are Type C. 86 FR at 63296. Among those criteria is
a comparison of hoop stress to SMYS. The Petition requested that PHMSA
revise regulatory text to provide that operators may use the default
yield strength specified at Sec. 192.107(b)(2) for the SMYS input for
determining whether a steel gas gathering line is a Type C gathering
line.
As noted in the Response Letter, PHMSA declines to revise pertinent
regulatory text as requested by the Petitioners. However, PHMSA agrees
that there is value in clarifying that, in making the determination
whether a gathering line is a Type C line pursuant to Sec. 192.8(c),
operators that do not know the yield strength of a steel gathering line
may use the 24,000 pounds-per-square-inch default yield strength
specified at Sec. 192.107(b)(2) as a proxy for pipe SMYS used along
with the pipeline operating hoop stress to determine the operating hoop
stress percentage of pipe SMYS.
C. Technical Correction for Determining Pressure in Identifying Type C
Gathering Lines
PHMSA also understands there is value in clarifying regulatory text
pertaining to the operating pressure input in making the threshold
determination of whether a gathering line is Type C pursuant to Sec.
192.8(c). The final rule identifies operating pressure as an input to
the threshold determination whether a pipeline facility is a Type C
gathering line. 86 FR 63291 (``The Type C determination in Sec.
192.8(c)(2) requires, at a minimum, knowledge only of . . . pressure of
the pipeline.''), and 86 FR 63296 (codifying Table 1 to Sec.
192.8(c)). However, PHMSA
[[Page 26297]]
inadvertently omitted from the final rule's regulatory text language
codifying that operators would be able to reference historical
operating pressure as an input to that threshold determination.
PHMSA therefore is issuing a technical correction to remedy this
omission. Specifically, PHMSA is introducing Sec. 192.8(c)(4), which
provides that gas gathering line operators may, in connection with the
threshold determination that a facility is a Type C gathering line when
no MAOP has been calculated consistent with Sec. 192.619(a) or (c)(1),
use either (i) an MAOP calculated consistent with the methods at Sec.
192.619(a) or (c)(1), or (ii) as a substitute for MAOP, the highest
operating pressure to which the segment was subjected during the
preceding five years.
III. Limited Enforcement Discretion for Existing Incidental Gathering
Lines
PHMSA is also issuing a limited enforcement discretion addressing
concerns raised in the Petition regarding the scope of the final rule's
amendment of Sec. 192.8 limiting the use of the ``incidental
gathering'' designation. The final rule permitted continued use of an
``incidental gathering'' designation, which allows operators to
designate lines downstream from the termination of any gathering
function as a gathering line rather than as a transmission line. For
pipelines that are new, replaced, relocated, or otherwise changed after
May 16, 2022, however, the final rule limited incidental gathering to
no more than 10 miles from the furthermost downstream endpoint of
gathering. (86 FR 63295 (codifying Sec. 192.8(a)(5)).
Petitioners asked PHMSA to restrict the scope of this limitation to
newly-constructed lines, as they note that its application to projects
involving the replacement, relocation, or change of gas gathering lines
currently considered ``incidental gathering'' would cause economic
hardship on lines that would have to come into prompt compliance with
the suite of part 192 requirements governing transmission lines.
As stated in the Response Letter, PHMSA declines at this time to
amend the final rule to limit the scope of the incidental gathering
distance limitation as requested by Petitioners. However, PHMSA
understands that the broad scope of the final rule distance limitation
may discourage operators of existing incidental gathering lines from
undertaking much needed safety-improving repairs and replacement
projects, which would subject those gathering lines to the more
rigorous part 192 requirements for transmission lines. Therefore, PHMSA
will exercise its discretion, during the pendency of its consideration
of amendments to Sec. 192.8(a)(5) to be announced in a forthcoming
supplemental notice of proposed rulemaking (``SNPRM'') under RIN 2137-
AF37,\3\ to enforce the final rule's ten-mile limitation on
``incidental gathering'' only in connection with gas gathering lines
that are newly construction after May 16, 2022. PHMSA will not, during
the pendency of that rulemaking, enforce the final rule's 10-mile
limitation in connection with repair, replacement, or change of
gathering lines existing on or before May 16, 2022 that are currently
considered ``incidental gathering'' lines. PHMSA expects this limited
enforcement discretion will remove any disincentive created by the
final rule for operators of those legacy ``incidental gathering''
pipelines to undertake safety-enhancing replacement, relocation, or
other projects on those lines while PHMSA considers within a rulemaking
whether modification of Sec. 192.8(a)(5) is warranted. PHMSA will
memorialize this enforcement discretion within implementation material
for PHMSA inspectors and recommend that its state partners do the same.
---------------------------------------------------------------------------
\3\ Additional detail regarding the contents of that
Supplemental Notice of Proposed Rulemaking will be announced in the
Spring 2022 Unified Agenda.
---------------------------------------------------------------------------
This document is a temporary notice of enforcement discretion.
Regulated entities may rely on this notice as a temporary safeguard
from Departmental enforcement as described herein. To the extent this
notice includes guidance on how regulated entities may comply with
existing regulations, it does not have the force and effect of law and
is not meant to bind the regulated entities in any way. This
enforcement discretion will remain in effect until further notice,
aligned with the forthcoming SNPRM under RIN 2137-AF37. Nothing herein
prohibits the PHMSA Office of Pipeline Safety from rescinding this
limited exercise of its enforcement discretion and pursuing an
enforcement action if it determines that a significant safety issue
warrants doing so. Furthermore, nothing herein relieves operators from
compliance with any other applicable provisions of PHMSA regulations or
other law, and PHMSA reserves the right to exercise all of its other
authorities.
IV. Regulatory Analyses and Notices
A. Statutory/Legal Authority
Statutory authority for this document's clarification and technical
corrections to the final rule, as with the final rule itself (whose
discussion of statutory authority at section IV.A., 86 FR 63290, is
incorporated herein by reference), is provided by the Federal Pipeline
Safety Act (49 U.S.C. 60101 et seq.). The Secretary delegated his
authority under the Federal Pipeline Safety Act to the PHMSA
Administrator under 49 CFR 1.97.
PHMSA finds it has good cause to make those clarification and
technical corrections without notice and comment pursuant to section
553(b) of the Administrative Procedure Act (APA, 5 U.S.C. 551, et
seq.). Section 553(b)(B) of the APA provides that, when an agency for
good cause finds that notice and public procedure are impracticable,
unnecessary, or contrary to the public interest, the agency may issue a
rule without providing notice and an opportunity for public comment. As
explained above, the textual alterations herein consist of a pair of
technical corrections codifying statements in the final rule preamble
that were inadvertently omitted from its amendatory text; they make no
substantive changes to the final rule but merely facilitate its
implementation by aligning the regulatory text and explanatory material
in the final rule's preamble. Because the final rule is the product of
an extensive administrative record with numerous opportunities
(including through written comments and the advisory committee) for
public comment, PHMSA finds that additional comment on the technical
corrections herein is unnecessary.
The May 16, 2022 effective date of the revisions contained in this
notice is authorized under both section 553(d)(1) and (3) of the APA.
Section 553(d)(1) provides that a rule should take effect ``not less
than 30 days'' after publication in the Federal Register except for ``a
substantive rule which grants or recognizes an exemption or relieves a
restriction,'' while section 553(d)(3) allows for earlier effectiveness
for good cause found by the agency and published within the rule. 5
U.S.C. 553(d)(1), (3). ``[T]he purpose of the thirty-day waiting period
is to give affected parties a reasonable time to adjust their behavior
before the final rule takes effect.'' Omnipoint Corp. v. F.C.C., 78
F.3d 620, 630 (D.C. Cir. 1996). The technical correction at Sec.
191.23(b)(1) relieves reporting requirements, the technical correction
at Sec. 192.8(c)(4) eases the threshold Type C determination by
codifying an alternative method for calculating an operating pressure
input, while the enforcement discretion expresses PHMSA's intent to
limit enforcement of Sec. 192.8(a)(5) to only certain categories
(newly built incidental gathering lines)
[[Page 26298]]
provided for in that provision. Each relieves regulatory requirements
of the final rule and, in accordance with 5 U.S.C. 553(d)(1), are
effective May 16, 2022. Moreover, PHMSA finds that good cause under
Section 553(d)(3) supports making the revisions effective May 16, 2022
because the technical corrections contained in this notice are entirely
consistent with the final rule (which itself was published in November
2021) and in fact help promote timely compliance with the final rule's
requirements before its May 16, 2022, effective date.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This document has been evaluated in accordance with existing
policies and procedures and is considered not significant under
Executive Order 12866 (``Regulatory Planning and Review'') and DOT
Order 2100.6A (``Rulemaking and Guidance Procedures''); therefore, this
notice has not been reviewed by the Office of Management and Budget
(OMB) under Executive Order 12866. PHMSA finds that neither the
clarifications nor the technical corrections herein (in all respects
consistent with the final rule) neither impose incremental compliance
costs nor adversely affect safety. Additionally, PHMSA found in the
Regulatory Impact Analysis that the incidental gathering provision of
the final rule would have a minor cost. To the extent the enforcement
discretion statement contained in this notice results in fewer safety
requirements applied to existing incidental gathering lines greater
than 10 miles that are modified or replaced, the notice may lead to
reduced costs of compliance and reduced safety and environmental
benefits. However, the amount of existing incidental gathering lines 10
or more miles long is believed to be low and the portion of those lines
that will be modified or replaced while the enforcement discretion is
in effect is also likely to be low. Overall, PHMSA expects any impacts
on the expected costs and benefits of the final rule will be
negligible.
C. 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.),
generally requires Federal regulatory agencies to prepare a Final
Regulatory Flexibility Analysis (FRFA) for a final rule subject to
notice-and-comment rulemaking under the APA. 5 U.S.C. 604(a).\4\ The
Small Business Administration's implementing guidance explains that
``[i]f an NPRM is not required, the RFA does not apply.'' \5\ Because
PHMSA has ``good cause'' under the APA to forego comment on the
technical corrections herein, no FRFA is required. Moreover, PHMSA
prepared a FRFA for the final rule, which is available in the docket
for this rulemaking; \6\ because the technical corrections herein will
impose no new incremental compliance costs, PHMSA understands the
analysis in that FRFA remains unchanged.
---------------------------------------------------------------------------
\4\ This requirement is subject to exceptions--which are not in
any event applicable here because PHMSA has good cause to forego
comment in adopting the technical correction herein.
\5\ Small Business Administration, ``A Guide for Government
Agencies: How to Comply with the Regulatory Flexibility Act'' 55
(2017).
\6\ Doc. No. PHMSA-2011-0023-0488, at 34-35 (Nov. 14, 2021).
---------------------------------------------------------------------------
D. Paperwork Reduction Act
The clarifications and technical corrections in this notice impose
no new or revised information collection requirements beyond those
discussed in the final rule.
E. Unfunded Mandates Reform Act of 1995
PHMSA analyzed the clarifications and technical corrections in this
notice under the factors in the Unfunded Mandates Reform Act of 1995
(UMRA, 2 U.S.C. 1501 et seq.) and determined that the technical
corrections to the final rule herein 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. PHMSA
prepared an analysis of the UMRA considerations in the final RIA for
the final rule, which is available in the docket for the rulemaking.\7\
Because the clarifications and technical corrections herein will impose
no new incremental compliance costs, PHMSA understands the analysis in
that UMRA discussion for the final rule remains unchanged.
---------------------------------------------------------------------------
\7\ Doc. No. PHMSA-2011-0023-0488, at 35 (Nov. 14, 2021).
---------------------------------------------------------------------------
F. National Environmental Policy Act
The National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321
et seq.) requires Federal agencies to prepare a detailed statement on
major Federal actions significantly affecting the quality of the human
environment. PHMSA analyzed the final rule in accordance with NEPA,
implementing Council on Environmental Quality regulations (40 CFR parts
1500-1508), and DOT implementing policies (DOT Order 610.1C,
``Procedures for Considering Environmental Impacts'') and determined
the final rule would not significantly affect the quality of the human
environment.\8\ The clarifications and technical corrections to the
final rule in this notice have no effect on PHMSA's earlier NEPA
analysis as they are consistent, and merely facilitate compliance with,
the final rule. PHMSA acknowledges that the limited enforcement
discretion in Section III above could result in some existing
``incidental'' gas gathering lines that are replaced, relocated, or
changed remaining subject to less rigorous part 192 safety requirements
than if those lines were to be regulated as transmission lines
consistent with the final rule's revisions to Sec. 192.8. However,
PHMSA expects that the enforcement discretion could improve public
safety and environmental protection in some cases, as it removes
potential inhibitions for some of those operators undertaking safety-
enhancing repair, replacement, or change projects on their facilities.
With these offsetting considerations in mind, PHMSA finds that the
limited enforcement discretion herein would result in no significant
impact on the human environment.
---------------------------------------------------------------------------
\8\ Final Environmental Assessment, Doc. No. PHMSA-2011-0023
(Nov. 2021).
---------------------------------------------------------------------------
G. 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 <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at <a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
H. Executive Order 13132 (Federalism)
PHMSA has analyzed this notice in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism'').\9\
The clarifications and technical corrections herein are consistent, and
merely facilitate compliance with, the final rule, and do not have any
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 beyond what was
accounted for in the final rule. It does not contain any provision that
imposes any substantial direct compliance costs on State and local
governments, nor any new provision that preempts State law. Therefore,
the consultation and funding
[[Page 26299]]
requirements of Executive Order 13132 do not apply.\10\
---------------------------------------------------------------------------
\9\ 64 FR 43255 (Aug. 10, 1999).
\10\ Moreover, PHMSA determined that the Final Rule did not
impose substantial direct compliance costs on State and local
governments.
---------------------------------------------------------------------------
I. Executive Order 13211
PHMSA analyzed the final rule and determined that the requirements
of Executive Order 13211 (``Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use'') \11\ did
not apply. The clarifications and technical corrections to the final
rule herein are not a ``significant energy action'' under Executive
Order 13211 either as they are not likely to have a significant adverse
effect on supply, distribution, or energy use. Further, OMB has not
designated these clarifications and revisions as a significant energy
action.
---------------------------------------------------------------------------
\11\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------
J. 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'') \12\ and DOT Order
5301.1 (``Department of Transportation Policies, Programs, and
Procedures Affecting American Indians, Alaska Natives, and Tribes'').
Because none of the clarifications and technical revisions have Tribal
implications or impose substantial direct compliance costs on Indian
Tribal governments, the funding and consultation requirements of
Executive Order 13175 do not apply.
---------------------------------------------------------------------------
\12\ 65 FR 67249 (Nov. 6, 2000).
---------------------------------------------------------------------------
K. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609 (``Promoting International Regulatory
Cooperation''),\13\ 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
clarifications and technical corrections to the final rule in this
notice do not impact international trade.
---------------------------------------------------------------------------
\13\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------
L. 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
49 CFR Part 191
MAOP exceedance, Pipeline reporting requirements.
49 CFR Part 192
Integrity assessments, MAOP reconfirmation, Material verification,
Pipeline safety, Predicted failure pressure, Reporting and record-
keeping requirements, Risk assessment, Safety devices.
In consideration of the foregoing, PHMSA amends 49 CFR parts 191
and 192 as follows:
PART 191--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE;
ANNUAL, INCIDENT, AND OTHER REPORTING
0
1. The authority citation for part 191 continues to read as follows:
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5121, 60101 et seq.,
and 49 CFR 1.97.
0
2. Section 191.23, as amended November 15, 2021, at 86 FR 63295, and
effective May 16, 2022, is further amended by revising paragraph (b)(1)
to read as follows:
Sec. 191.23 Reporting safety-related conditions.
* * * * *
(b) * * *
(1) Exists on a master meter system, a reporting-regulated
gathering pipeline, a Type C gas gathering pipeline with an outside
diameter of 12.75 inches or less, a Type C gas gathering pipeline
covered by the exception in Sec. 192.9(f)(1) of this subchapter and
therefore not required to comply with Sec. 192.9(e)(2)(ii), or a
customer-owned service line;
* * * * *
PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
0
3. 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 1.97.
0
4. Section 192.8, as amended November 15, 2021, at 86 FR 63295, and
effective May 16, 2022, is further amended by adding paragraph (c)(4)
to read as follows:
Sec. 192.8 How are onshore gathering pipelines and regulated onshore
gathering pipelines determined?
* * * * *
(c) * * *
(4) For the purpose of identifying Type C lines in table 1 to
paragraph (c)(2) of this section, if an operator has not calculated
MAOP consistent with the methods at Sec. 192.619(a) or (c)(1), the
operator must either:
(i) Calculate MAOP consistent with the methods at Sec. 192.619(a)
or (c)(1); or
(ii) Use as a substitute for MAOP the highest operating pressure to
which the segment was subjected during the preceding 5 operating years.
Issued in Washington, DC, on April 28, 2022, under authority
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2022-09474 Filed 5-3-22; 8:45 am]
BILLING CODE 4910-60-P
</pre></body>
</html>Indexed from Federal Register on May 4, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.