Proposed Rule2023-18842
Authority of NTSB in Railroad, Pipeline, and Hazardous Materials Investigations
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
August 31, 2023
Issuing agencies
National Transportation Safety Board
Abstract
The National Transportation Safety Board (NTSB) is publishing this advance notice of proposed rulemaking (ANPRM) to seek public feedback on whether it should define the terms "significant injury to the environment" and "substantial property damage" as they relate to the agency's investigative authority involving pipeline accidents. Neither the agency's statute nor the regulation currently defines these terms; thus, the NTSB seeks comments on whether defining them would better clarify the scope of regulatory coverage for its pipeline investigations. The issues raised in the comments submitted in response to this ANPRM will inform whether and how the NTSB will define these terms in its regulation.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 168 (Thursday, August 31, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Proposed Rules]
[Pages 60166-60167]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18842]
[[Page 60166]]
-----------------------------------------------------------------------
NATIONAL TRANSPORTATION SAFETY BOARD
49 CFR Part 831
[Docket No.: NTSB-2023-0008]
RIN 3147-AA29
Authority of NTSB in Railroad, Pipeline, and Hazardous Materials
Investigations
AGENCY: National Transportation Safety Board (NTSB).
ACTION: Advance notice of proposed rulemaking (ANPRM).
-----------------------------------------------------------------------
SUMMARY: The National Transportation Safety Board (NTSB) is publishing
this advance notice of proposed rulemaking (ANPRM) to seek public
feedback on whether it should define the terms ``significant injury to
the environment'' and ``substantial property damage'' as they relate to
the agency's investigative authority involving pipeline accidents.
Neither the agency's statute nor the regulation currently defines these
terms; thus, the NTSB seeks comments on whether defining them would
better clarify the scope of regulatory coverage for its pipeline
investigations. The issues raised in the comments submitted in response
to this ANPRM will inform whether and how the NTSB will define these
terms in its regulation.
DATES: Send comments on or before October 30, 2023.
ADDRESSES: You may send comments, identified by Docket Number (No.)
NTSB-2023-0008, by any of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#681a1d040d05090301060f28061c1b0a460f071e"><span class="__cf_email__" data-cfemail="acded9c0c9c1cdc7c5c2cbecc2d8dfce82cbc3da">[email protected]</span></a>.
<bullet> Fax: 202-314-6090.
<bullet> Mail/Hand Delivery/Courier: NTSB, Office of General
Counsel, 490 L'Enfant Plaza East SW, Washington, DC 20594.
Instructions: All submissions in response to this ANPRM must
include Docket No. NTSB-2023-0008. All comments received will be posted
without change to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal
information provided.
Docket: For access to the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>
and search Docket No. NTSB-2023-0008.
FOR FURTHER INFORMATION CONTACT: William Thomas (Tom) McMurry, Jr.,
General Counsel, (202) 314-6080, <a href="/cdn-cgi/l/email-protection#d2a0a7beb7bfb3b9bbbcb592bca6a1b0fcb5bda4"><span class="__cf_email__" data-cfemail="3b494e575e565a5052555c7b554f4859155c544d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In accordance with the Independent Safety
Board Act of 1974, as amended, the NTSB is required to ``investigate or
have investigated (in detail the Board prescribes) and establish the
facts, circumstances, and cause or probable cause of a pipeline
accident in which there is a fatality, substantial property damage, or
significant injury to the environment.'' 49 U.S.C. 1131(a)(1)(D). The
NTSB's regulations found at 49 CFR 831.40(a)(2) further explain that
the NTSB has the authority to investigate ``pipeline accidents,
explosions, incidents, and ruptures in which there is a fatality,
significant injury to the environment, or substantial property
damage.''
Notably, the agency's regulation has neither a definition nor
threshold for the terms ``significant injury to the environment'' or
``substantial property damage'' as used in Sec. 831.40(a)(2). The NTSB
believes that defining these terms will clarify the types of pipeline
accidents that the NTSB will investigate. Thus, the NTSB is soliciting
comments on the promulgation of the regulatory definitions of
``significant injury to the environment'' and ``substantial property
damage'' particular to pipeline accidents.
The NTSB recognizes that pipeline regulations are more complicated
and extensive than what can be realistically covered in this ANPRM as
there are various Federal regulations addressing hazardous liquid and
natural gas pipelines. Federal agencies with such regulations include
the United States Coast Guard (USCG), the Department of Interior (DOI),
and the Pipeline and Hazardous Materials Safety Administration (PHMSA)
(an operating administration within the U.S. Department of
Transportation (DOT)).
For example, there are also hazardous liquid dock lines that are
regulated by USCG under 33 CFR part 154 (Facilities Transferring Oil or
Hazardous Material in Bulk). Moreover, offshore hazardous liquid and
natural gas lines are regulated by DOI under 30 CFR part 250 (Oil and
Gas and Sulphur Operations in the Outer Continental Shelf).
Additionally, 49 CFR parts 191 (Transportation of Natural and Other Gas
by Pipeline: Annual Incident, and Other Reporting), 192 (Transportation
of Natural and Other Gas by Pipeline: Minimum Federal Safety
Standards), 193 (Liquefied Natural Gas Facilities: Federal Safety
Standards), 194 (Response Plans for Onshore Oil Pipelines), and 195
(Transportation of Hazardous Liquids by Pipeline) are PHMSA regulations
pertaining to pipeline safety.
In addition to the aforementioned Federal regulations, there are
individual state laws regarding intrastate pipelines that the NTSB also
has the authority to investigate.
For purposes of this rulemaking, the NTSB finds it appropriate to
align its rule with those promulgated by PHMSA, which is ``responsible
for regulating and ensuring the safe and secure movement of hazardous
materials to industry and consumers by all modes of transportation,
including pipelines.'' \1\ Accordingly, the NTSB reviewed PHMSA's
regulation to better understand how that agency defines both
substantial property damage and significant harm to the environment.
---------------------------------------------------------------------------
\1\ <a href="https://www.phmsa.dot.gov/regulations">https://www.phmsa.dot.gov/regulations</a>.
---------------------------------------------------------------------------
While there are various PHMSA regulations as noted above, there are
two of particular interest to the NTSB. As will be discussed further
below, for substantial property damage, the NTSB is considering
adopting the reporting accident requirements provided in 49 CFR 191.9
(Distribution system: Incident report) for natural gas and 49 CFR
195.50 (Reporting Accidents) for hazardous liquids. For significant
injury to the environment, the NTSB is considering adopting the
standard contained in 49 CFR 194.103 (Significant and Substantial Harm:
Operator's Statement).
I. Substantial Property Damage
The NTSB is considering adopting the standards set forth in 49 CFR
191.9 (Distribution system: Incident report), and 49 CFR 191.15
(Transmission systems; gathering systems; liquefied natural gas
facilities; and underground natural gas storage facilities: Incident
report). The NTSB is also considering reporting pipeline accidents
found in 40 CFR 195.50 (Reporting accidents [involving hazardous liquid
pipelines]. These regulations require an incident/accident report for
each failure in a pipeline system when there is a release of natural
gas, hazardous liquid, or carbon dioxide. Section 195.50(d) specifies
that an accident report is required ``for each failure in a pipeline
system . . . in which there is a release of the hazardous liquid . .
.'' resulting in ``[e]stimated property damage, including cost of
clean-up and recovery, value of lost product, and damage to the
property of the operator or others, or both, exceeding'' a specified
amount.
If the NTSB uses PHMSA's monetary threshold above or any other
monetary threshold, the NTSB is further considering whether to have its
reporting threshold indexed to inflation, which PHMSA does not
calculate for hazardous liquids in 49 CFR 195.50(e). By contrast, for
natural gas, PHMSA uses a property damage reporting threshold formula
that is indexed to inflation in accordance with a formula
[[Page 60167]]
detailed appendix A to part 191 (Procedure for Determining Reporting
Threshold).
II. Significant Harm to the Environment
As noted above, the NTSB is considering the standard contained in
Sec. 194.103 (Significant and Substantial Harm: Operator's Statement)
to define ``significant injury to the environment.'' Section 194.103(a)
explains when a line section ``can be expected to cause `significant
and substantial harm to the environment' in the event of a discharge of
oil into or on the navigable waters or adjoining shorelines.''
Specifically, that regulation further provides that a line section
may result in significant and substantial harm to the environment
involving an oil discharge if the pipeline is greater than 6\5/8\
inches in outside nominal diameter, greater than 10 miles in length,
and the line section meets any of the following: has experienced within
the previous five years either a release greater than 1,000 barrels, or
two or more reportable releases; containing an electric resistance
welded pipe, which operates at a maximum pressure that corresponds to a
stress level greater than 50 percent of the specified minimum yield
strength of the pipe; is located within a 5-mile radius of potentially
affected public drinking water intakes and can reasonably be expected
to reach such intakes; or located within a 1-mile radius of
potentially-affected environmentally sensitive areas, and could
reasonably be expected to reach such areas. See 49 CFR 194.103(c).
Using PHMSA's regulation as a model, the NTSB proposes the
following definition for ``significant injury to the environment'': ``a
discharge of 1,000 barrels or more of crude oil, refined petroleum
product or anhydrous ammonia; into or on the navigable waters or
adjoining shorelines or unusually sensitive areas.'' The NTSB notes
that unusually sensitive areas are defined in PHMSA's 49 CFR 195.6 and
includes environmentally sensitive areas and drinking water sources.
III. Public Comment
To assist the NTSB in defining ``substantial property damage'' and
``significant injury to the environment'' as those terms relate to
pipeline accidents, the public is asked to address any or all of the
following questions:
1. Should the NTSB define ``substantial property damage''?
2. How should the NTSB define ``substantial property damage''?
3. As noted above, PHMSA has accident report thresholds for
property damage that are indexed to inflation. Should the NTSB's
property damage value be consistent with PHMSA's reporting threshold?
4. How should the NTSB calculate the threshold value of
``substantial property damage''?
5. Should ``substantial property damage'' be based on total
property damage, pipeline property damage, or non-pipeline property
damage?
6. Should the dollar amount established be indexed for inflation?
7. Should ``substantial property damage'' consider factors other
than monetary value?
8. Should the same definition apply to both municipality owned
pipelines and publicly-traded company pipelines?
9. Should the NTSB define ``significant injury to the
environment''?
10. Is the NTSB's proposed definition for ``significant injury to
the environment'' sufficient?
11. How should the NTSB define ``significant injury to the
environment''?
12. Should the NTSB's definition of ``significant injury to the
environment'' be consistent with the PHMSA's definition of
``significant and substantial harm to the environment'' under 49 CFR
194.103(c)?
List of Subjects in 49 CFR Part 831
Aircraft accidents, Aircraft incidents, Aviation safety, Hazardous
materials transportation, Highway safety, Investigations, Marine
safety, Pipeline safety, Railroad safety.
William T. McMurry, Jr.,
General Counsel.
[FR Doc. 2023-18842 Filed 8-30-23; 8:45 am]
BILLING CODE 7533-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 31, 2023.
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.