[Federal Register: December 13, 2007 (Volume 72, Number 239)]
[Rules and Regulations]
[Page 70808-70810]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de07-17]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 192
[Docket ID PHMSA-2003-15852]
RIN 2137-AE17
Pipeline Safety: Applicability of Public Awareness Regulations to
Certain Gas Distribution Operators
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule relaxes regulatory requirements governing
public awareness programs conducted by operators of master meter
systems and certain operators of petroleum gas systems. These operators
typically manage property and incidentally provide gas service to
customers located on the property. The change provides a less
burdensome means for these operators to satisfy public awareness needs.
DATES: This final rule takes effect January 14, 2008.
FOR FURTHER INFORMATION CONTACT: For information about this rulemaking
contact Barbara Betsock by phone at (202) 366-4361, or by e-mail at
[[Page 70809]]
barbara.betsock@dot.gov. For information about public awareness
programs, contact Blaine Keener by phone at (202) 366-0970 or e-mail at
blaine.keener@dot.gov.
SUPPLEMENTARY INFORMATION:
Background
PHMSA reopened this rulemaking in response to a petition for
reconsideration filed by the American Public Gas Association (APGA).
The APGA proposed that we exempt operators of master meter systems from
the agency's new public awareness regulations (70 FR 28833; May 19,
2005), which require all pipeline operators to develop written public
awareness programs following American Petroleum Institute Recommended
Practice 1162 (API RP 1162). The specific regulations in issue
(codified at 49 CFR 192.616) require all pipeline operators to provide
pipeline safety awareness materials to the affected public, emergency
officials, local public officials, and excavators. The APGA petition
asked that PHMSA amend these requirements on the ground that messages
from operators of master meter systems to the public and emergency
officials could differ from messages being sent by large gas
distribution operators and cause confusion among these pipeline safety
stakeholders. As an alternative, the APGA proposed that operators of
master meter systems be required to pass along to their customers the
awareness materials provided by the gas distribution operator serving
the master meter.
PHMSA has decided to relax the public awareness requirements for
operators of master meter systems, but we are not adopting the specific
amendment proposed by the APGA. Customers on the master meter system
may already receive pipeline safety information directly from pipeline
operators near their residence. However, only the operator of the
master meter system can provide the critical information needed by
these customers to report a potential gas emergency on the master meter
system.
During the review of the APGA petition, PHMSA determined that
operators of petroleum gas distribution systems whose primary business
is not transportation should be treated the same as operators of a
master meter distribution system with respect to public awareness
requirements. Both of these operator types typically operate gas
distribution systems within a well-defined area as a secondary
business. The potential confusion among stakeholders which the APGA
predicts for messages sent by operators of master meter systems applies
to the messages sent by operators of small petroleum gas distribution
systems. In a written response to the APGA and through public workshops
and an advisory bulletin (71 FR 34998; June 16, 2006), PHMSA indicated
its intention to relieve operators of master meter and petroleum gas
distribution systems of some of the requirements for public awareness
programs. On September 29, 2006, PHMSA published a notice of proposed
rulemaking (NPRM) to accomplish this (71 FR 57457; Sept. 29, 2006).
Comments on the NPRM and Advisory Committee Consideration
PHMSA received five sets of comments on the NPRM. The APGA supports
the NPRM as responsive to its petition, and all commenters support
relaxing the regulations for the operators of master meter and
petroleum gas distribution systems.
The Manufactured Housing Institute urges PHMSA to grant complete
relief from public awareness requirements to master meter operators.
PHMSA is not considering doing so because of the safety benefit of
public awareness. In addition, 49 U.S.C. 60116 requires all operators
to have public awareness programs.
The APGA asks that PHMSA additionally require master meter
operators to pass on to their customers the educational materials
received from supplying gas companies. PHMSA is not requiring this
because the customers of master meter operators will already receive
materials from operators with pipelines near the customers.
The National Propane Gas Association and the Maine Oil Dealer
Association ask for a clarification with respect to petroleum gas
marketers. The associations ask PHMSA to allow marketers whose business
involves transportation of gas by truck and pipeline to qualify for the
relaxed requirements proposed in the NPRM if only a small portion of
that transportation is by pipeline. The relaxed requirement criteria
are taken from existing regulations at 49 CFR 192.614(e). Operators who
currently ``qualify'' for the exemption in Sec. 192.614(e) will also
``qualify'' for the relaxed public awareness requirements. It is
unnecessary to add, as suggested by the commenters, the qualifier ``by
pipeline'' to the term ``transportation of gas'' since that term is
defined in Sec. 192.3 to be limited to pipeline transportation.
The members of the Technical Pipeline Safety Standards Committee,
voting by letter ballot, voted unanimously to support the NPRM as
technically feasible, reasonable, cost-effective and practicable. The
letter ballots have been placed in the docket for advisory committee
materials (Docket ID PHMSA-RSPA-1998-4470).
Compliance Dates
The regulations currently require development and implementation of
public awareness programs meeting API RP 1162. This final rule provides
less onerous requirements for master meter and petroleum gas operators
(for whom gas transportation is not a primary business activity)
regardless of size. PHMSA does not anticipate that these operators will
have difficulty complying with these relaxed requirements. However,
because gas distribution is not their primary business, it may take
more time for these operators to learn of their responsibilities for
new gas pipeline safety regulations. Therefore, we are including a
compliance date six months from issuance of this final rule.
Regulatory Analyses and Notices
Privacy Act Statement
Anyone may search the electronic form of all comments received for
any of our dockets. You may review DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477) or
you may visit http://dms.dot.gov.
Executive Order 12866 and DOT Policies and Procedures
This final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was
not reviewed by the Office of Management and Budget. This final rule is
not significant under the Regulatory Policies and Procedures of the
Department of Transportation (44 FR 11034).
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), PHMSA
must consider whether rulemaking actions would have a significant
economic impact on a substantial number of small entities. This final
rule will affect about 20,000 operators of master meters and petroleum
gas systems. Although we do not have quantitative data, we believe most
of these operators are small entities. This final rule will relieve
regulatory burden for most of these operators. Based on the above
information, I hereby certify under section 605 of the Regulatory
Flexibility Act that this regulation rule will not have a significant
impact on a substantial number of small entities.
[[Page 70810]]
Executive Order 13175
PHMSA has analyzed this rulemaking according to Executive Order
13175, ``Consultation and Coordination with Indian Tribal
Governments.'' Because this final rule will not significantly or
uniquely affect the communities of the Indian tribal governments or
impose substantial direct compliance costs, the funding and
consultation requirements of Executive Order 13175 do not apply.
Paperwork Reduction Act
This final rule does not impose any new information collection
requirements.
Unfunded Mandates Reform Act of 1995
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$100 million or more to either State, local, or tribal governments, in
the aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rulemaking.
National Environmental Policy Act
PHMSA has analyzed this final rule for purposes of the National
Environmental Policy Act (42 U.S.C. 4321 et seq.) and determined this
final rule is unlikely to affect the quality of the human environment
significantly. An environmental assessment document is available for
review in the docket.
Executive Order 13132
PHMSA has analyzed the rulemaking according to Executive Order
13132 (``Federalism''). This final rule does not have a 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. This final
rule does not impose substantial direct compliance costs on State and
local governments. This final regulation would not preempt state law
for intrastate pipelines. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
Executive Order 13211
Transporting gas impacts the nation's available energy supply.
However, this final rule is not a ``significant energy action'' under
Executive Order 13211. It also is not a significant regulatory action
under Executive Order 12866 and is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Further,
the Administrator of the Office of Information and Regulatory Affairs
has not identified this final rule as a significant energy action.
List of Subjects in 49 CFR Part 192
Pipeline safety, Reporting and recordkeeping requirements.
0
For the reasons provided in the preamble, PHMSA amends 49 CFR part 192
as follows:
PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
0
1. The authority citation for part 192 continues to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,
60113, 60116, and 60118; and 49 CFR 1.53.
0
2. Amend Sec. 192.616 as follows:
0
a. Revise paragraph (a);
0
b. Revise the second sentence of paragraph (h); and
0
c. Add paragraph (j).
The revisions and additions read as follows:
Sec. 192.616 Public awareness.
(a) Except for an operator of a master meter or petroleum gas
system covered under paragraph (j) of this section, each pipeline
operator must develop and implement a written continuing public
education program that follows the guidance provided in the American
Petroleum Institute's (API) Recommended Practice (RP) 1162
(incorporated by reference, see Sec. 192.7).
* * * * *
(h) * * * The operator of a master meter or petroleum gas system
covered under paragraph (j) of this section must complete development
of its written procedure by June 13, 2008. * * *
* * * * *
(j) Unless the operator transports gas as a primary activity, the
operator of a master meter or petroleum gas system is not required to
develop a public awareness program as prescribed in paragraphs (a)
through (g) of this section. Instead the operator must develop and
implement a written procedure to provide its customers public awareness
messages twice annually. If the master meter or petroleum gas system is
located on property the operator does not control, the operator must
provide similar messages twice annually to persons controlling the
property. The public awareness message must include:
(1) A description of the purpose and reliability of the pipeline;
(2) An overview of the hazards of the pipeline and prevention
measures used;
(3) Information about damage prevention;
(4) How to recognize and respond to a leak; and
(5) How to get additional information.
Issued in Washington, DC, on December 6, 2007.
Krista L. Edwards,
Acting Administrator.
[FR Doc. E7-24124 Filed 12-12-07; 8:45 am]
BILLING CODE 4910-60-P