Rule2022-12722
Pipeline Safety: Safety of Gas Gathering Pipelines: Extension of Reporting Requirements, Regulation of Large, High-Pressure Lines, and Other Related Amendments: Technical Corrections
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
June 13, 2022
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
PHMSA is issuing corrections of certain changes to incident and annual reporting requirements for offshore gathering pipelines in its November 15, 2021, final rule titled "Safety of Gas Gathering Pipelines: Extension of Reporting Requirements, Regulation of Large, High-Pressure Lines, and Other Related Amendments."
Full Text
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<title>Federal Register, Volume 87 Issue 113 (Monday, June 13, 2022)</title>
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[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Rules and Regulations]
[Pages 35675-35677]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12722]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 191
[Docket No. PHMSA-2011-0023; Amdt. No. 191-32]
RIN 2137-AF38
Pipeline Safety: Safety of Gas Gathering Pipelines: Extension of
Reporting Requirements, Regulation of Large, High-Pressure Lines, and
Other Related Amendments: Technical Corrections
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule; technical corrections.
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SUMMARY: PHMSA is issuing corrections of certain changes to incident
and annual reporting requirements for offshore gathering pipelines in
its November 15, 2021, final rule titled ``Safety of Gas Gathering
Pipelines: Extension of Reporting Requirements, Regulation of Large,
High-Pressure Lines, and Other Related Amendments.''
DATES: These corrections are June 13, 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. Corrections
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\ (Final Rule) amending the Federal pipeline safety
regulations (49 CFR parts 190-199) to introduce, among other things,
incident and annual reporting requirements for previously unregulated
Types C and R onshore gas gathering pipelines. The preamble to the
Final Rule explicitly disclaimed amendment of then-existing part 191
reporting and part 192 safety requirements pertaining to offshore gas
[[Page 35676]]
gathering pipelines.\2\ The Final Rule became effective on May 16,
2022.
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\1\ 86 FR 63266 (``Final Rule''). PHMSA subsequently published
technical corrections of certain regulatory amendments in the Final
Rule (specifically, Sec. Sec. 191.23 and 192.8) not relevant here.
87 FR 26296 (May 4, 2022).
\2\ See, e.g., 86 FR at 63266 (``The rule does not affect
offshore gas gathering pipelines.'') and 63268 (``The final rule
addresses reporting and safety requirements for onshore gas
gathering lines; offshore gas gathering lines are beyond the scope
of this rulemaking''.) (emphasis added).
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But, in amending then-existing regulatory language pertaining to
incident (Sec. 191.15) and annual (Sec. 191.17) reporting
requirements to provide that regulated onshore gas gathering pipelines
must submit annual and incident reports, PHMSA inadvertently omitted
language requiring offshore gas gathering pipelines to continue to
submit the same consistent with longstanding requirements. PHMSA is now
issuing corrections amending Sec. Sec. 191.15(a)(1) and 191.17(a)(1)
consistent with statements in the preamble to the Final Rule. PHMSA has
reviewed the current versions of each of DOT Forms PHMSA F 7100.2
(incident reporting), and PHMSA F 7100.2-1 (annual reporting), and
their respective instructions, and confirmed that each form continues
to reference offshore gathering lines and therefore no conforming
revisions to those forms will be necessary following codification of
the corrections in this notice.\3\
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\3\ The referenced forms are available on PHMSA's website at
<a href="https://www.phmsa.dot.gov/forms/operator-reports-submitted-phmsa-forms-and-instructions">https://www.phmsa.dot.gov/forms/operator-reports-submitted-phmsa-forms-and-instructions</a>.
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II. Regulatory Analyses and Notices
A. Statutory/Legal Authority
Statutory authority for this notice's corrections to the Final
Rule, as with the Final Rule itself (whose discussion of statutory
authority at Section IV.A., 86 FR at 63290, is adopted 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 these 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 corrections re-codifying regulatory
language inadvertently deleted by the Final Rule, consistent with
statements in the preamble to the Final Rule; 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 corrections herein is unnecessary.
The immediate effective date of the corrections contained in this
notice is authorized under Section 553(d)(3) of the APA. Section
553(d)(3) provides that a rule should take effect ``not less than 30
days'' after publication in the Federal Register except for when good
cause is found by the agency and published within the rule, thus
allowing for earlier effectiveness. 5 U.S.C. 553(d)(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 corrections at Sec. Sec. 191.15(a)(1) and 191.17(a)(1) restore
annual and incident reporting requirements for offshore gas gathering
pipelines consistent with explicit statements in the Final Rule
preamble. Moreover, PHMSA finds that good cause under Section 553(d)(3)
supports making the revisions effective upon publication in the Federal
Register because the corrections contained in this notice are entirely
consistent with the Final Rule and ensure timely submission of incident
and annual reports by offshore gas gathering pipeline operators.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This notice 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 the corrections herein (in all
respects consistent with the Final Rule) impose no incremental
compliance costs nor adversely affect safety, as they merely re-codify
certain reporting requirements inadvertently deleted by the Final Rule
and thereby ensure timely submission of incident and annual reports by
offshore gas gathering pipeline operators.
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
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 corrections herein will impose no new
incremental compliance costs, PHMSA understands the analysis in that
FRFA remains unchanged.
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\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 corrections 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.
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D. Paperwork Reduction Act
The corrections in this notice impose no new or revised information
collection requirements beyond those discussed in the Final Rule. As
explained above, the preamble to the Final Rule explicitly disclaimed
amendment of part 191 reporting requirements for offshore gas gathering
pipelines; the corrections herein are consistent with those statements
and will require no change to current DOT Form PHMSA F 7100.2 (incident
reporting), DOT Form PHMSA F 7100.2-1 (annual reporting), and their
respective instructions.
E. Unfunded Mandates Reform Act of 1995
PHMSA analyzed the 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 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 Regulatory Impact Analysis for the Final Rule, which is
available in the docket for the rulemaking.\7\ Because the corrections
herein will impose no new incremental
[[Page 35677]]
compliance costs, PHMSA understands the analysis in that UMRA
discussion for the Final Rule remains unchanged.
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\7\ Doc. No. PHMSA-2011-0023-0488, at 35.
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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 5610.1C,
``Procedures for Considering Environmental Impacts'') and determined
the Final Rule would not significantly affect the quality of the human
environment.\8\ The 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.
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\8\ Final Environmental Assessment, Doc. No. PHMSA-2011-0023-
0485.
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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
provided, 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 corrections herein are consistent, and merely facilitate timely
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. This notice 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 requirements of Executive Order 13132 do not apply.\10\
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\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.
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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 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 the
corrections herein as a significant energy action.
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\11\ 66 FR 28355 (May 22, 2001).
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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 corrections herein 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.
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\12\ 65 FR 67249 (Nov. 6, 2000).
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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
corrections to the Final Rule in this notice do not impact
international trade.
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\13\ 77 FR 26413 (May 4, 2012).
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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 in 49 CFR Part 191
MAOP exceedance, Pipeline reporting requirements.
In consideration of the foregoing, PHMSA amends 49 CFR part 191 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. In Sec. 191.15, revise paragraph (a)(1) to read as follows:
Sec. 191.15 Transmission systems; gathering systems; liquefied
natural gas facilities; and underground natural gas storage facilities:
Incident report.
(a) * * *
(1) Transmission, offshore gathering, or regulated onshore
gathering. Each operator of a transmission, offshore gathering, or a
regulated onshore gathering pipeline system must submit Department of
Transportation (DOT) Form PHMSA F 7100.2 as soon as practicable but not
more than 30 days after detection of an incident required to be
reported under Sec. 191.5.
* * * * *
0
3. In Sec. 191.17, revise paragraph (a)(1) to read as follows:
Sec. 191.17 Transmission systems; gathering systems; liquefied
natural gas facilities; and underground natural gas storage facilities:
Annual report.
(a) * * *
(1) Transmission, offshore gathering, or regulated onshore
gathering. Each operator of a transmission, offshore gathering, or
regulated onshore gathering pipeline system must submit an annual
report for that system on DOT Form PHMSA F 7100.2-1. This report must
be submitted each year, not later than March 15, for the preceding
calendar year.
* * * * *
Issued in Washington, DC, on June 8, 2022, under authority
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2022-12722 Filed 6-10-22; 8:45 am]
BILLING CODE 4910-60-P
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</html>Indexed from Federal Register on June 13, 2022.
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