Notice2022-19094
Pipeline Safety: Information Collection Activities: Voluntary Adoption of API RP 1173 for Gas Distribution Systems
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
September 6, 2022
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
In accordance with the Paperwork Reduction Act of 1995, PHMSA invites public comments on its intent to request Office of Management and Budget (OMB) approval of a new, one-time information collection titled: "Voluntary Adoption of API RP 1173 for Gas Distribution Systems." The proposed information collection would provide data necessary to prepare the report required by Section 205 of the Protecting Our Infrastructure of Pipelines and Enhancing Safety (PIPES) Act of 2020 for gas distribution systems.
Full Text
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<title>Federal Register, Volume 87 Issue 171 (Tuesday, September 6, 2022)</title>
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[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54590-54592]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19094]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No: PHMSA-2022-0060]
Pipeline Safety: Information Collection Activities: Voluntary
Adoption of API RP 1173 for Gas Distribution Systems
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA
invites public comments on its intent to request Office of Management
and Budget (OMB) approval of a new, one-time information collection
titled: ``Voluntary Adoption of API RP 1173 for Gas Distribution
Systems.'' The proposed information collection would provide data
necessary to prepare the report required by Section 205 of the
Protecting Our Infrastructure of Pipelines and Enhancing Safety (PIPES)
Act of 2020 for gas distribution systems.
DATES: Interested persons are invited to submit comments on or before
November 7, 2022.
ADDRESSES: Comments may be submitted in the following ways:
E-Gov Website: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. This site allows the
public to enter comments on any Federal Register notice issued by any
agency.
Fax: 1-202-493-2251.
Mail: Docket Management Facility; U.S. Department of Transportation
(DOT), 1200 New Jersey Avenue SE, West Building, Room W12-140,
Washington, DC 20590-0001.
Hand Delivery: Room W12-140 on the ground level of DOT, West
Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m.
and 5:00 p.m., ET, Monday through Friday, except federal holidays.
Instructions: Identify the docket number, PHMSA-2022-0060 at the
beginning of your comments. Note that all comments received will be
posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any
personal information provided. You should know that anyone is able to
search the electronic form of all comments received into any of our
dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). Therefore, you may want to review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000, (65 FR 19477) or visit <a href="http://www.regulations.gov">http://www.regulations.gov</a>
before submitting any such comments.
Docket: For access to the docket or to read background documents or
comments, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> at any time or to Room W12-
140 on the ground level of DOT, West Building, 1200 New Jersey Avenue
SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., ET, Monday through
Friday, except federal holidays. If you wish to receive confirmation of
[[Page 54591]]
receipt of your written comments, please include a self-addressed,
stamped postcard with the following statement: ``Comments on: PHMSA-
2022-0060.'' The Docket Clerk will date stamp the postcard prior to
returning it to you via the U.S. mail. Please note that due to delays
in the delivery of U.S. mail to federal offices in Washington, DC, we
recommend that persons consider an alternative method (internet, fax,
or professional delivery service) of submitting comments to the docket
and ensuring their timely receipt at DOT.
Privacy Act Statement: DOT may solicit comments from the public
regarding certain general notices. 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>.
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this notice contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this notice, it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 CFR 190.343, you may ask
PHMSA to give confidential treatment to information you give to the
Agency by taking the following steps: (1) mark each page of the
original document submission containing CBI as ``Confidential''; (2)
send PHMSA, along with the original document, a second copy of the
original document with the CBI deleted; and (3) explain why the
information you are submitting is CBI. Submissions containing CBI
should be sent to Angela Hill, DOT, PHMSA, 1200 New Jersey Avenue SE,
PHP-30, Washington, DC 20590-0001. Any commentary PHMSA receives that
is not specifically designated as CBI will be placed in the public
docket for this matter.
FOR FURTHER INFORMATION CONTACT: Angela Hill by telephone at 202-366-
1246 or by email at <a href="/cdn-cgi/l/email-protection#6e2f00090b020f40260702022e0a011a40090118"><span class="__cf_email__" data-cfemail="d796b9b0b2bbb6f99fbebbbb97b3b8a3f9b0b8a1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
In July 2015, the American Petroleum Institute (API) published
Recommended Practice (RP) 1173, Pipeline Safety Management Systems
(SMS). The Pipeline SMS recommended practice was the culmination of a
two-year effort by pipeline operators, state and federal regulators,
and other stakeholders.
On September 13, 2018, a low-pressure gas distribution system owned
and operated by Columbia Gas of Massachusetts was over pressured in
Lawrence, Andover, and North Andover, MA (Merrimack Valley) resulting
in a series of structure fires and explosions causing 1 fatality, 22
persons injured, 131 structures destroyed or damaged, and approximately
11,000 customers without gas service for months. NTSB investigated the
incident and determined that the probable cause of the Merrimack Valley
incident was Columbia Gas of Massachusetts' weak engineering management
that did not adequately plan, review, sequence, and oversee the
construction project that led to the abandonment of a cast iron main
without first relocating regulator sensing lines to the new
polyethylene main.
After the Merrimack Valley incident, Senator Ed Markey (MA) hosted
a Senate Commerce Committee field hearing on November 26, 2018, with
Senator Elizabeth Warren (MA), Senator Maggie Hassan (N.H.), then-
Congresswoman Niki Tsongas (MA-03), Congressman Seth Moulton (MA-06),
and Congresswoman Lori Trahan. In April 2019, Senators Markey and
Warren and Representative Lori Trahan (MA-03) introduced the ``Leonel
Rondon Pipeline Safety Act''. The bill in the Senate was sponsored by
Senators Markey, Warren, and Richard Blumenthal (D-Conn.);
Congresswoman Trahan introduced companion legislation in the House of
Representatives. The bill aimed at establishing regulations that would
improve gas pipeline operators' risk management plans, improve
emergency response coordination with the public and first responders,
institute best industry practices for holistic safety management, and
mandate use of accurate and reliable maps and records. The resulting
language through Section 205 of the PIPES Act of 2020 directed PHMSA to
submit, by December 27, 2023, a report to Congress describing:
<bullet> the number of operators of natural gas distribution
systems who have implemented a Pipeline SMS in accordance with API RP
1173;
<bullet> the progress made by operators of natural gas distribution
systems who have implemented, or are in the process of implementing a
Pipeline SMS; and
<bullet> the feasibility of an operator of a natural gas
distribution system implementing a Pipeline SMS based on the size of
the operator as measured by the number of customers the operator has
and the amount of natural gas the operator transports.
PHMSA needs certain information from natural gas distribution
operators to prepare the mandated report. While the PIPES Act mandate
pointed specifically to API RP 1173, there are other SMS program
variations available to natural gas distribution operators. Some
operators may be using API RP 1173 as written to develop their SMS
framework. Others may be using a modified version of API RP 1173,
adding elements specific to their operations, or using a completely
customized SMS program.
PHMSA may also use the information collected to assess the cost
impacts of proposed changes in the pipeline safety regulations mandated
by the Leonel Rondon Pipeline Safety Act (2137-AF53). For example,
implementing an SMS program based on API RP 1173 requires the operator
to maintain procedures for Management of Change (MOC) to be applied to
significant technology, equipment, procedural, and organizational
changes. Section 204 of the PIPES Act directs PHMSA to update
regulations to ensure that gas distribution operators include a
detailed MOC process in their procedural manual for operations,
maintenance, and emergencies. The regulation update will have to also
address emergency response plans and record keeping requirements which
are two of elements of API RP 1173.
PHMSA has created a form for this information collection. A draft
of this form, along with the associated instructions, can be found at
<a href="http://www.regulations.gov">www.regulations.gov</a> under docket number PHMSA-2022-0060. Upon the
collection of this information, PHMSA will analyze the data and prepare
a report for Congress.
II. Summary of Impacted Collection
Section 1320.8(d), Title 5, Code of Federal Regulations, requires
PHMSA to provide interested members of the public and affected entities
an opportunity to comment on information collection and recordkeeping
requests. This notice identifies a one-time information collection that
PHMSA will submit to OMB for approval.
The following information is provided for this information
collection: (1) Title of the information collection; (2) OMB control
number; (3) Current expiration date; (4) Type of request; (5) Abstract
of the information collection activity; (6) Description of affected
public; (7) Estimate of total annual reporting and recordkeeping
burden; and (8)
[[Page 54592]]
Frequency of collection. PHMSA requests comments on the following
information:
Title: Voluntary Adoption of API RP 1173 for Gas Distribution
Systems.
OMB Control Number: Will request from OMB.
Current Expiration Date: TBD.
Type of Request: Approval of an information collection.
Abstract: This information collection request covers the collection
of data from operators of natural gas distribution pipeline systems to
ascertain how many gas distribution operators are voluntarily
implementing API RP 1173, progress being made for those that have
implemented or are implementing a Pipeline SMS, and feasibility to
implement a Pipeline SMS based on size of the operator.
Affected Public: Natural gas distribution pipeline operators.
Annual Burden:
Estimated number of responses: 1,314.
Estimated annual burden hours: 1,314.
Frequency of Collection: Once.
Comments are invited on:
(a) The need for this information collections for the proper
performance of the functions of the Agency, including whether the
information will have practical utility;
(b) The accuracy of the Agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
(c) Ways to enhance the quality, utility, and clarity of the
information to be collected;
(d) Ways to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques;
and
(e) Additional information that would be appropriate to collect to
inform the reduction in risk to people, property, and the environment
due to excavation damages.
Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended, and 49 CFR 1.48.
Issued in Washington, DC, on August 26, 2022, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-19094 Filed 9-2-22; 8:45 am]
BILLING CODE 4910-60-P
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