Proposed Rule2023-24718
Pipeline Safety: Mifflin Energy Corporation's Petition for Declaratory Order Concerning Part 192 Jurisdiction and Operator Responsibility Over Customer-Owned Piping
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
November 9, 2023
Effective
December 11, 2023
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
The Pipeline and Hazardous Materials Safety Administration is seeking comment on a Petition for a Declaratory Order (Petition).
Full Text
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<title>Federal Register, Volume 88 Issue 216 (Thursday, November 9, 2023)</title>
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[Federal Register Volume 88, Number 216 (Thursday, November 9, 2023)]
[Proposed Rules]
[Pages 77244-77245]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24718]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 192
[Docket No. PHMSA-2023-0080]
Pipeline Safety: Mifflin Energy Corporation's Petition for
Declaratory Order Concerning Part 192 Jurisdiction and Operator
Responsibility Over Customer-Owned Piping
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
U.S. Department of Transportation (DOT).
ACTION: Petition for a Declaratory Order.
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SUMMARY: The Pipeline and Hazardous Materials Safety Administration is
seeking comment on a Petition for a Declaratory Order (Petition).
DATES: Comments are due on or before December 11, 2023. Reply comments
to comments received are due on or before December 26, 2023.
ADDRESSES: Comments should reference the docket number for the petition
request and may be submitted by any of the following methods:
<bullet> Web: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This site allows the
public to enter comments on any Federal Register document issued by any
agency. Follow the online instructions for submitting comments.
<bullet> Fax: 202-493-2251.
<bullet> Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building: Room W12-140,
Washington, DC 20590-0001.
<bullet> Hand Delivery: U.S. Department of Transportation, 1200 New
Jersey Avenue SE, West Building: Room W12-140, Washington, DC 20590-
0001, between 9 a.m. and 5 p.m. EST, Monday through Friday, except
Federal holidays.
<bullet> Instructions: Identify [Docket No. PHMSA-2023-0080] at the
beginning of your comments. If you submit your comments by mail, submit
two copies. Internet users may submit comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. If you would like confirmation that PHMSA received
your comments, please include a self-addressed stamped postcard labeled
``Comments on PHMSA-2023-0080.'' The docket clerk will date stamp the
postcard prior to returning it to you via U.S. mail.
<bullet> Note: All comments received will be posted without edits
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided. Please see the Privacy Act heading for more information.
Anyone can use the site to search all comments by the name of the
submitting individual or, if the comment was submitted on behalf of an
association, business, labor union, etc., the name of the signing
individual. Therefore, please review the complete DOT Privacy Act
Statement in the Federal Register at 65 FR 19477 or the Privacy Notice
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> before submitting comments.
<bullet> 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>.
<bullet> 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 (5 U.S.C. 552), CBI is exempt from public
disclosure. If your comments in response to this document 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 document it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 CFR 190.343, you may ask
PHMSA to provide 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 a copy of the original document with the CBI deleted along
with the original, unaltered document; and (3) explain why the
information you are submitting is CBI. Submissions containing CBI
should be sent to Tewabe Asebe, U.S. Department of Transportation, 1200
New Jersey Avenue SE, Washington, DC 20590-0001. Submission containing
CBI can also be emailed to Tewabe Asebe by encrypted email at
<a href="/cdn-cgi/l/email-protection#4d39283a2c2f28632c3e282f280d292239632a223b"><span class="__cf_email__" data-cfemail="aedacbd9cfcccb80cfddcbcccbeecac1da80c9c1d8">[email protected]</span></a>. Any commentary PHMSA receives that is not
specifically designated as CBI will be placed in the public docket.
<bullet> Docket: For access to the docket or to read background
documents or comments, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
online instructions for accessing the dockets. Alternatively, this
information is available by visiting DOT at 1200 New Jersey Avenue SE,
West Building: Room W12-140, Washington, DC 20590-0001, between 9:00
a.m. and 5:00 p.m. EST, Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Tewabe Asebe, Office of Pipeline
Safety, by phone at 202-366-5523 or by email at <a href="/cdn-cgi/l/email-protection#621607150300074c031107000722060d164c050d14"><span class="__cf_email__" data-cfemail="304455475152551e514355525570545f441e575f46">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: PHMSA is evaluating a Petition for a
Declaratory Order (Petition) from Mifflin Energy Corporation (Mifflin),
pursuant to 49 U.S.C. 60117(b)(1)(J).
Mifflin operated a production line in Greene County, Pennsylvania,
which was subject to a free gas arrangement. Under the arrangement, gas
flowed from Mifflin's production line through a pipeline owned by the
landowner, with the regulator and meter placed at the juncture of the
production line and the customer-owned pipeline. In March 2020, with
Mifflin's consent, the landowner moved the regulator and the meter
downstream of the juncture, further down the landowner's pipeline.
[[Page 77245]]
On April 9, 2020, a failure occurred on the landowner's piping, causing
damage to a nearby residential structure.
On January 29, 2021, the Pennsylvania Public Utility Commission's
(PAPUC) Bureau of Investigation and Enforcement (BI&E) requested an
interpretation of 49 CFR part 192 as it concerned the facts of this
incident. On September 21, 2021, OPS issued an interpretation in
response to BI&E's inquiry.\1\ The 2021 Interpretation stated that the
piping between Mifflin's production line and the landowner's meter was
a service line under Sec. 192.3; the lease agreement did not have an
impact on whether the pipe was a service line; and Mifflin was an
``operator'' within the meaning of Sec. 192.3.
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\1\ PHMSA, Interp. No. PI-21-0003, In re Pennsylvania Public
Utility Commission, (Sept. 1, 2021) (the ``2021 Interpretation'').
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On March 20, 2023, Mifflin filed a Petition with PHMSA requesting
PHMSA issue an order declaring that, under a free gas arrangement,
customer-owned piping upstream of a meter is not subject to 49 CFR part
192, and that a production line operator is not responsible for
ensuring compliance with part 192 on customer piping. The Petition also
requested that PHMSA rescind its 2021 Interpretation issued to BI&E.
The Petition is available for review in the docket for this proceeding.
Before issuing a final decision on the Petition, PHMSA will
evaluate all comments received on or before the comment closing date.
Comments received after the closing date will be evaluated if it is
possible to do so without incurring additional expense or delay. PHMSA
will consider each relevant comment received in issuing its final
decision and order, which will be published in the Federal Register and
posted to PHMSA's website.
PHMSA notes this is the first time a person has petitioned for
issuance of a declaratory order under authority granted to PHMSA by the
PIPES Act of 2020. See Protecting Our Infrastructure of Pipelines and
Enhancing Safety Act of 2020, Consolidated Appropriations Act, 2021,
Division R, Public Law 116-260, section 108(a), 134 Stat. 1181, 2221,
2223; 49 U.S.C. 60117(b)(1)(J). PHMSA is committed to including an
opportunity for public comment in circumstances in which it exercises
its authority to issue a declaratory order.
Issued in Washington, DC, on November 3, 2023, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2023-24718 Filed 11-8-23; 8:45 am]
BILLING CODE 4910-60-P
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