[Federal Register Volume 72, Number 239 (Thursday, December 13, 2007)]
[Rules and Regulations]
[Pages 70808-70810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24124]


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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]]

[email protected]. For information about public awareness 
programs, contact Blaine Keener by phone at (202) 366-0970 or e-mail at 
[email protected].

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