[Federal Register Volume 60, Number 53 (Monday, March 20, 1995)]
[Proposed Rules]
[Pages 14714-14717]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-6724]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 192 and 195
[Docket No. PS-101A]
RIN 2137-AC 57
Mandatory Participation in Qualified One-Call Systems by Pipeline
Operators
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: This notice proposes to require that operators of onshore gas,
hazardous liquid, and carbon dioxide pipelines participate in qualified
one-call systems as part of the required excavation damage prevention
programs. The proposed rule would also limit the current exclusion of
certain small gas systems from compliance with the damage prevention
program requirements.
This notice is accompanied by a final rule (Docket No. PS-101),
which addresses other requirements for excavation damage prevention
programs and line markers. This notice and the final rule are intended
to reduce excavation damage, the largest single cause of pipeline
failures.
DATES: Interested persons are invited to submit written comments in
duplicate by May 19, 1995. Late filed comments will be considered to
the extent practicable. Interested persons should submit as part of
their written comments all of the material that is considered relevant
to any statement of fact or argument made.
ADDRESSES: Written comments must be submitted in duplicate and mailed
or hand delivered to the Dockets Unit, Room 8421, U.S. Department of
Transportation, RSPA, 400 Seventh Street, SW., Washington, DC 20590-
0001. Please identify the docket and notice numbers stated in the
heading of this notice. All comments and materials cited in this
document will be available for inspection and copying in Room 8421
between 8:30 a.m. and 4:30 p.m. each business day. Non-federal employee
visitors are admitted to the DOT headquarters building through the
southwest quadrant at Seventh and E Streets.
FOR FURTHER INFORMATION CONTACT: Albert Garnett, (202) 366-2036, or
Christina Sames, (202) 366-4561, regarding the content of this notice;
or the Dockets Unit, (202) 366-5046, for copies of this document or
other material in the docket.
SUPPLEMENTARY INFORMATION:
Related Document
RSPA has issued a final rule titled ``Excavation Damage Prevention
Programs for Gas and Hazardous Liquid and Carbon Dioxide Pipelines''
(Docket No. PS-101). The final rule addresses [[Page 14715]] aspects of
damage prevention programs that were proposed in a notice of proposed
rulemaking (NPRM) titled ``Natural Gas and Hazardous Liquid Pipeline
Damage Prevention Program'' (53 FR 24747; June 30, 1988). In
particular, the final rule amends the pipeline safety regulations by
(1) extending existing requirements governing excavation damage
prevention programs for gas pipelines in urban areas to gas pipelines
in rural areas; (2) establishing excavation damage prevention program
requirements for hazardous liquid and carbon dioxide pipelines; (3)
requiring, with limited exceptions, line markers for gas transmission
lines in urban areas; and (4) permitting smaller lettering on line
markers for hazardous liquid and carbon dioxide pipelines in heavily
developed urban areas.
This NPRM proposes to amend Secs. 192.614 and 195.442 of that final
rule by requiring that operators of interstate and intrastate pipelines
participate in qualified one-call systems. This NPRM further proposes
less stringent standards for the participation of small entities,
including operators of master meter systems (defined by 49 CFR 191.3),
whose primary activity does not include the transportation of gas.
One-Call Systems
A one-call system is a communication system established
individually or jointly by utilities, government agencies, or other
operators of underground facilities to provide a single telephone
number (other methods of communication are also used) for excavators
and the general public to call to notify participating members of their
intent to engage in excavation activities. Notices of intent to
excavate are received by the operational center and are transmitted to
the operators of underground pipeline facilities and other underground
facilities that participate in the system. Upon receipt of notices of
intended excavation activities, participating operators that have
underground facilities in that vicinity arrange for the timely
identification and the temporary marking of their underground
facilities. Underground operators may inspect the site during the
excavation activities to insure the safety of their underground
facilities.
National One-Call Campaign
Presently, there are 74 one-call systems in the United States
operating in 48 states and the District of Columbia. Not all of the
operating one-call systems meet the qualifications of a ``one-call
notification system,'' as defined in 49 CFR 198.39. Two states and
Puerto Rico are currently without a one-call system.
Approximately 45 states and the District of Columbia have damage
prevention laws that, to a varying extent, govern the activities
performed by excavators and persons locating and temporarily marking
underground facilities. However, most of the existing state damage
prevention programs do not meet all of the requirements of Sec. 198.37,
``State one-call damage prevention program.''
To address the problem of incomplete national one-call coverage and
the deficiencies in some of the existing one-call systems, RSPA has
launched a national campaign to encourage states to adopt improved one-
call notification systems. The national campaign will target states for
concentrated outreach to assist these states in their efforts to
upgrade their current one-call systems. The national campaign will also
work with selected states currently without one-call legislation or
where there is a need to strengthen the one-call legislation.
Notice of Proposed Rulemaking (Docket No. PS-101)
The issue of mandatory participation in one-call systems by
pipeline operators was touched upon, but not proposed, in the NPRM
titled ``Natural Gas and Hazardous Liquid Pipeline Damage Prevention
Program'' (53 FR 24747; June 30, 1988). The NPRM requested comments on:
(1) Whether RSPA should require pipeline operators to participate in a
one-call system, even though other underground utilities are not
required to participate; and (2) Whether RSPA should require mandatory
participation where state or local law requires participation by other
utilities.
Comments to the NPRM
Of the 43 comments received to question (1), 17 were in full or
partial support and 26 were opposed. Among those in support, a state
regulatory agency recommended that operators not be required to
participate if the service available is insufficient for the operators'
needs or unreasonably priced for the service rendered. A municipal
utility, opposed to mandatory participation, stated that if an
excavator must make more than one call, there is no true one-call
system.
Thirty commenters to question (2) expressed full or partial
support, and seven were opposed. Among those in support, a state
regulatory agency said that requiring interstate operators to
participate in one-call programs would enhance public safety. A gas
transmission company, opposed to mandatory participation, stated that
until one-call systems are required to meet minimum requirements, gas
pipeline operators should not be singled out for mandatory
participation.
Commenters opposed to mandatory participation of pipeline operators
in one-call systems based their opposition on the lack of required
participation by all other operators of underground utilities and other
facilities, the lack of required participation by all excavators, and
the lack of required standards for the operation of one-call systems.
However, RSPA finds it significant that none of the commenters
expressed doubt about the effectiveness of the one-call system concept.
Presentation to Advisory Committees
On September 10 and 11, 1991, RSPA presented an issue paper titled
``Mandatory Participation in Certain One-call Systems'' to its two
pipeline advisory committees, the Technical Pipeline Safety Standards
Committee and the Technical Hazardous Liquid Pipeline Safety Standards
Committee. The informal presentation was made to brief committee
members on the topic of mandatory one-call participation. Although a
formal vote was not taken, the advisory committees generally supported
the idea of requiring pipeline operators to participate in a qualified
one-call system.
After the briefing, members discussed various issues including the
overlapping coverage of a few one-call systems. RSPA has researched
this problem and has determined that overlapping coverage occurs in
limited areas of about seven states. In these areas, pipeline operators
with underground facilities would be required to participate in both
one-call systems. RSPA, however, recognizes that excavators having to
call two one-call systems or one-call systems having to transmit
notifications of intent to excavate between themselves is confusing and
burdensome and encourages the one-call systems or states where
overlapping coverage occurs to resolve the issue.
Requests for Mandatory Participation and the Initiatives of
Industry
Several sources have recommended that the Federal government
require all operators of underground facilities mandatorily participate
in one-call systems. The Transportation Research Board (TRB) of the
National Research Council recommended that RSPA ``require gas and
liquids pipeline operators to join existing one-call
[[Page 14716]] systems * * *'' (Special Report 219, ``Pipelines and
Public Safety''). TRB also recommended that one-call systems meet
minimum standards set to provide the services pipeline operators need.
On August 3, 1994, various representatives from government and
industry testified before the Senate Committee on Commerce, Science,
and Transportation on the Comprehensive One-Call Notification Act of
1994. The National Transportation Safety Board recommended the passage
of one-call legislation which would include requiring full
participation by all organizations that operate buried facilities.
Representatives for the Interstate Natural Gas Association of America
and for the American Gas Association also encouraged the passage of
one-call legislation which would include the requirement that all
operators of underground facilities that are at risk of being struck by
outside excavators participate in one-call systems. A representative
for the Association of Oil Pipe Lines also supported one-call
legislation that would include participation in one-call systems by
excavators and by owners of underground facilities, including hazardous
liquid pipelines regulated by RSPA.
The overwhelming support for mandatory one-call legislation from
both government and industry representatives supports the need for the
regulations proposed in this notice.
49 CFR Part 198
Pursuant to 49 U.S.C. 60114, DOT was mandated to require each
state, as a condition to full grant-in-aid, to require intrastate
pipeline operators to participate in one-call notification systems.
RSPA implemented this mandate by publishing 49 CFR part 198, ``Grants
for Pipeline Safety Programs: State Adoption of One-Call Damage
Prevention Program'' (55 FR 38688; September 20, 1990).
Not all states have adopted one-call damage prevention programs
that comply with part 198, nor are all states seeking to actively and
effectively adopt them. Six states do not participate in the Federal
pipeline safety grant program and thus do not come under part 198. In
addition, because Federal law preempts state safety regulations of
interstate pipelines, states with one-call damage prevention programs
meeting part 198 requirements could have difficulty enforcing them
against interstate pipelines. Thus, a need exists for a Federal rule
mandating that all pipelines subject to parts 192 and 195 participate
in qualified one-call systems.
Proposed Regulations
RSPA proposes to remove the option in Secs. 192.614(a) and
195.442(a) that permits a pipeline operator to receive and record
notification of planned excavation activities rather than to
participate in a qualified one-call system covering the area where the
operator's pipeline is located. Moreover, in response to the concerns
expressed by commenters to the NPRM, RSPA proposes to require that
pipeline operators only participate in qualified one-call systems. A
one-call system would be considered qualified if the state has adopted
a one-call damage prevention program under Sec. 198.37. A one-call
system would also be considered qualified if it is operated in
accordance with Sec. 198.39, provides a pipeline operator an
opportunity similar to a voluntary participant to have a part in
management responsibilities, and does not assess a participating
pipeline operator a fee disproportionate to the costs of the one-call
system's coverage of the operator's pipeline.
RSPA also proposes to extend the excavation damage prevention
program requirements to petroleum gas systems subject to Sec. 192.11
and to small gas systems whose primary activity includes the
transportation of gas.
RSPA proposes to limit the current exemption for operators of gas
systems, including operators of master meter systems, whose primary
activity does not include the transportation of gas. However, the
proposed regulations are sensitive to the minimum resources of these
small operators. These operators would be exempted from the
requirements to identify persons who normally engage in excavation
activities in the area in which the pipeline is located, and to provide
for actual notification of those identified persons on the damage
prevention program's existence and purpose and on how to learn the
location of underground pipelines before excavation activities begin.
These small operators would also be exempted from the requirement that
the damage prevention program be written. These operators would still
be required to provide a means of receiving and recording notification
of planned excavation activities; provide for actual notification of
persons who give notice of their intent to excavate of the type of
temporary marking to be provided and how to identify the markings;
provide for temporary marking of buried pipelines in the area of
excavation activity before, as far as practical, the activity begins;
and provide for the inspection of the pipelines that the operator has
reason to believe could be damaged by excavation activities.
Under the current damage prevention program requirements, a
pipeline operator may voluntarily perform any of the duties required by
the damage prevention program through participation in a public service
program, such as a one-call system. This voluntary participation is
still acceptable to meet the requirements of the damage prevention
program but such participation does not relieve the operator of
responsibility for compliance with the damage prevention program.
Under the proposed regulation, pipeline operators in areas where
one-call systems are not yet established, or where a qualified one-call
system is not yet in place, would continue to receive and record the
notification of planned excavation activities with their own personnel.
However, operators would be required to join a qualified one-call
system once it has been established.
Rulemaking Analyses
Executive Order 12866 and DOT Regulatory Policies and Procedures
This proposed rule is not considered a significant regulatory
action under section 3(f) of Executive Order 12866 and, therefore, was
not subject to review by the Office of Management and Budget. The
notice is also not considered significant under the Regulatory Policies
and Procedures of the Department of Transportation (44 FR 11034). A
regulatory evaluation is available for review in this docket.
Executive Order 12612
The proposed rule has been analyzed in accordance with the
principles and criteria in Executive Order 12612 (``Federalism''), and
does not have sufficient federalism impacts to warrant the preparation
of a federalism assessment.
Regulatory Flexibility Act
Based on the facts available, I certify that this proposal will
not, if promulgated, have a significant economic impact on a
substantial number of small entities. This certification is subject to
modification as a result of a review of comments received in response
to this proposal.
Paperwork Reduction Act
The cumulative effect of this NPRM will be no additional increase
in the current information collection burden requirements for gas
pipeline operators and hazardous liquid and carbon dioxide operators.
[[Page 14717]]
List of Subjects
49 CFR Part 192
Pipeline safety, Reporting and recordkeeping requirements.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Petroleum, Pipeline safety,
Reporting and recordkeeping requirements.
In consideration of the foregoing, RSPA proposes to amend 49 CFR
parts 192 and 195 to read as follows:
PART 192--[AMENDED]
1. The authority citation for part 192 is revised to read as
follows:
Authority: 49 U.S.C. 5102, 60102, 60104, 60108, 60109, 60110,
60113, 60118; 49 CFR 1.53.
2. Section 192.614 would be amended by revising paragraph (a), by
removing paragraph (c)(4), by redesignating paragraphs (b) and (c) as
(c) and (d), by revising the introductory text of newly redesignated
(c)(2), and by adding paragraphs (b) and (e) as follows:
Sec. 192.614 Damage Prevention Program.
(a) Except as provided in paragraphs (d) and (e) of this section,
each operator of a buried pipeline shall carry out in accordance with
this section a written program to prevent damage to that pipeline by
excavation activities. For the purpose of this section, ``excavation
activities'' include excavation, blasting, boring, tunneling,
backfilling, the removal of above ground structures by either explosive
or mechanical means, and other earth moving operations.
(b) An operator may comply with any of the requirements of
paragraph (c) of this section through participation in a public service
program, such as a one-call system, but such participation does not
relieve the operator of responsibility for compliance with this
section. However, an operator must perform the duties of paragraph
(c)(3) of this section through participation in a one-call system, if
that one-call system qualifies under either of the following:
(1) The state has adopted a one-call damage prevention program
under Sec. 198.37 of this chapter; or
(2) The one-call system--
(i) Is operated in accordance with Sec. 198.39 of this chapter;
(ii) Provides a pipeline operator an opportunity similar to a
voluntary participant to have a part in management responsibilities;
and
(iii) Assesses a participating pipeline operator a fee that is not
disproportionate to the costs of the one-call system's coverage of the
operator's pipeline.
(c) * * *
(2) Provide for notification of the public in the vicinity of the
pipeline and actual notification of the persons identified in paragraph
(c)(1) of this section of the following as often as needed to make them
aware of the damage prevention program: * * *
* * * * *
(e) Pipelines operated by persons (including operators of master
meters) whose primary activity does not include the transportation of
gas need not comply with the following:
(1) The requirement of paragraph (a) of this section that the
damage prevention program be written; and
(2) The requirements of paragraphs (c)(1) and (c)(2) of this
section.
PART 195--[AMENDED]
3. The authority citation for part 195 is revised to read as
follows:
Authority: 49 U.S.C. 60102 60104, 60108, 60109; 49 CFR 1.53.
4. Section 195.442 would be amended by revising paragraph (a), by
redesignating paragraphs (b) and (c) as (c) and (d), by revising the
introductory text of newly redesignated (c)(2), and adding paragraph
(b) to read as follows:
Sec. 195.442 Damage Prevention Program.
(a) Except as provided in paragraph (d) of this section, each
operator of a buried pipeline shall carry out in accordance with this
section a written program to prevent damage to that pipeline by
excavation activities. For the purpose of this section, ``excavation
activities'' include excavation, blasting, boring, tunneling,
backfilling, the removal of above ground structures by either explosive
or mechanical means, and other earth moving operations.
(b) An operator may comply with any of the requirements of
paragraph (c) of this section through participation in a public service
program, such as a one-call system, but such participation does not
relieve the operator of responsibility for compliance with this
section. However, an operator must perform the duties of paragraph
(c)(3) of this section through participation in a one-call system, if
that one-call system qualifies under either of the following:
(1) The state has adopted a one-call damage prevention program
under Sec. 198.37 of this chapter; or
(2) The one-call system--
(i) Is operated in accordance with Sec. 198.39 of this chapter;
(ii) Provides a pipeline operator an opportunity similar to a
voluntary participant to have a part in management responsibilities;
and
(iii) Assesses a participating pipeline operator a fee that is not
disproportionate to the costs of the one-call system's coverage of the
operator's pipeline.
(c) * * *
(2) Provide for notification of the public in the vicinity of the
pipeline and actual notification of persons identified in paragraph
(c)(1) of this section of the following as often as needed to make them
aware of the damage prevention program: * * *
* * * * *
Issued in Washington, D.C. on March 14, 1995.
George W. Tenley, Jr.,
Associate Administrator for Pipeline Safety.
[FR Doc. 95-6724 Filed 3-17-95; 8:45 am]
BILLING CODE 4910-60-P