[Federal Register Volume 69, Number 227 (Friday, November 26, 2004)]
[Notices]
[Pages 69028-69029]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26104]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration


Pipeline Safety: Operator Qualification Requirements

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice; issuance of advisory bulletin.

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SUMMARY: RSPA's Office of Pipeline Safety (RSPA/OPS) is issuing this 
advisory bulletin to owners and operators of natural gas and hazardous 
liquid pipeline systems concerning the minimum requirements for 
operator qualification (OQ) programs for personnel performing covered 
tasks on a pipeline facility. The bulletin reminds system owners and 
operators that the deadline for modifying their OQ programs to comply 
with the additional statutory requirements in Section 13 of the 
Pipeline Safety Improvement Act of 2002 is December 17, 2004. The 
bulletin also advises system owners and operators that reviews of OQ 
programs conducted by RSPA/OPS inspectors after December 17, 2004, will 
consider whether the programs are in compliance with these additional 
statutory requirements, even if the relevant provisions of the pipeline 
safety regulations are not amended by that date.

ADDRESSES: This document can be viewed at the OPS home page at: http://ops.dot.gov.

FOR FURTHER INFORMATION CONTACT: Stanley Kastanas, (202) 366-3844; or 
by e-mail, [email protected]. This document can be viewed 
at the RSPA/OPS home page at http://ops.dot.gov. General information 
about the RSPA/OPS programs may be obtained by accessing RSPA's home 
page at http://rspa.dot.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    In 1999, RSPA/OPS issued regulations requiring operators of natural 
gas and hazardous liquid pipelines to establish and follow operator 
qualification (OQ) programs to ensure that pipeline personnel 
performing covered tasks on a pipeline facility were properly qualified 
to do so. (64 FR 46866; Aug. 27, 1999) (codified at 49 CFR Part 192, 
Subpart N, and 49 CFR Part 195, Subpart G). These regulations required 
pipeline operators to have a written OQ program in place by April 27, 
2001, and to have completed the qualification of individuals performing 
covered tasks by October 28, 2002.
    On December 17, 2002, the President signed the Pipeline Safety 
Improvement Act of 2002 (Pub. L. 107-355, 116 Stat. 2985) (PSIA 2002). 
Section 13 of PSIA 2002 (codified at 49 U.S.C. 60131) contains 
additional OQ program requirements that are not yet incorporated into 
the existing regulations, and requires that they be implemented by 
pipeline operators no later than December 17, 2004. Of particular note, 
Section 13 of PSIA 2002 requires that OQ programs provide for periodic 
requalification of pipeline personnel. In addition, once an OQ program 
has undergone compliance review by RSPA/OPS, operators must notify 
RSPA/OPS of any significant program modifications and those 
modifications are subject to RSPA/OPS review.
    With respect to the time frame for pipeline operators to modify 
their OQ programs, paragraph (e)(6) of Section 13 of PSIA 2002 requires 
operators to comply with the new statutory OQ requirements:

* * * Notwithstanding any failure of the Secretary to prescribe 
standards and criteria as described in subsection (b), an operator 
of a pipeline facility shall develop and adopt a qualification 
program that complies with the requirement of subsection (b)(2)(B) 
and includes the elements described in subsection (d) not later than 
2 years after the date of enactment of this section [December 17, 
2004].

    RSPA/OPS has called attention to these additional OQ program 
requirements in public forums attended by operators as well as during 
reviews of OQ programs. RSPA/OPS is currently preparing amendments to 
the existing OQ regulations in Parts 192 and 195 to incorporate these 
additional program requirements. Operators are reminded that these 
requirements are part of public law, and reviews of OQ programs 
conducted by RSPA/OPS inspectors after December 17, 2004, will consider 
whether the programs were in compliance as of the required date, even 
if the relevant provisions of the pipeline safety regulations are not 
yet amended by that date.

II. Advisory Bulletin (ADB-04-05)

    To: Owners and Operators of Gas and Hazardous Liquid Pipeline 
Systems.
    Subject: Implementation of Operator Qualification (OQ) Requirements 
Mandated by the Pipeline Safety Improvement Act of 2002 (Pub. L. 107-
355, 116 Stat. 2985) (PSIA 2002).
    Purpose: To inform pipeline system owners and operators of 
congressionally mandated requirements for modifications to OQ programs 
for individuals performing covered tasks on

[[Page 69029]]

gas and hazardous liquid pipeline facilities.
    Advisory: PSIA 2002 was signed into law on December 17, 2002. 
Certain provisions of Section 13 of PSIA 2002, which are not yet 
incorporated into the existing OQ regulations at 49 CFR Part 192, 
Subpart N, and 49 CFR 195, Subpart G, require that pipeline operators 
modify their existing OQ programs by December 17, 2004, as follows:
    1. An operator OQ program must include a periodic requalification 
component that provides for examination or testing of individuals, 
including:
    A method for examining or testing the qualifications of 
individuals, which may include written examination, oral examination, 
observation during on-the-job performance, on-the-job training, 
simulations, and other forms of assessment. The method may not be 
limited to observation of on-the-job performance, except with respect 
to tasks for which RSPA/OPS has determined that such observation is the 
best method of examining or testing qualifications. The results of any 
such observations shall be documented in writing.
    In accordance with the OQ review protocols and existing industry 
practice, the requalification intervals established by operators must 
reflect the relevant factors including the complexity, criticality, and 
frequency of performance of the task, and be justified by appropriate 
documentation.
    2. A program to provide training, as appropriate, to ensure that 
individuals performing covered tasks have the necessary knowledge and 
skills to perform the tasks in a manner that ensures the safe operation 
of pipeline facilities.
    3. If the operator of a pipeline facility significantly modifies a 
program that has been reviewed for compliance by RSPA/OPS, the operator 
must notify RSPA/OPS of the modifications. RSPA/OPS will review such 
modifications in accordance with applicable laws and regulations.
    Operators are again reminded that these OQ program requirements are 
part of public law, and reviews of programs conducted by RSPA/OPS 
inspectors after December 17, 2004, will consider whether the programs 
were in compliance as of the required date, even if the relevant 
provisions of the pipeline safety regulations are not yet amended by 
that date.

    Issued in Washington, DC on November 19, 2004.
Stacey L. Gerard,
Associate Administrator for Pipeline Safety.
[FR Doc. 04-26104 Filed 11-24-04; 8:45 am]
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