[Federal Register Volume 75, Number 180 (Friday, September 17, 2010)]
[Proposed Rules]
[Pages 56972-56975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-23227]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 192 and 195

[Docket ID PHMSA-2007-27954]
RIN 2137-AE64


Pipeline Safety: Control Room Management/Human Factors

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA); 
DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: PHMSA published the Control Room Management/Human Factors 
final rule in the Federal Register on December 3, 2009, which became 
effective on February 1, 2010. The final rule established an 18-month 
program development deadline of August 1, 2011, and a subsequent 18-
month program implementation deadline of February 1, 2013. This 
proposed rule proposes to expedite the program implementation deadline 
to August 1, 2011, for most of the requirements, except for certain 
provisions regarding adequate information and alarm management, which 
would have a program implementation deadline of August 1, 2012.

DATES: Anyone interested in filing written comments on this proposed 
rule must do so by November 16, 2010. PHMSA will consider late comments 
filed so far as practical.

ADDRESSES: Comments should reference Docket No. PHMSA-2007-27954 and 
may be submitted in the following ways:
     E-Gov Web site: http://www.regulations.gov. This web site 
allows the public to enter comments on any Federal Register notice 
issued by any agency. Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: DOT Docket Management System: U.S. DOT, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue, SE., Washington, DC 20590-0001.
     Hand Delivery: DOT Docket Management System; West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., Washington, DC 
20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.
    Instructions: You should identify the Docket No. PHMSA-2007-27954 
at the beginning of your comments. If you submit your comments by mail, 
submit two copies. To receive confirmation that PHMSA received your 
comments, include a self-addressed stamped postcard. Internet users may 
submit comments at http://www.regulations.gov.

    Note: Comments are posted without changes or edits to http://www.regulations.gov, including any personal information provided. 
There is a privacy statement published on http://www.regulations.gov.


FOR FURTHER INFORMATION CONTACT: For further information contact Byron 
Coy at 609-989-2180 or by e-mail at [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    There are roughly 170,000 miles of hazardous liquid pipelines, 
295,000 miles of gas transmission pipelines, and 1.9 million miles of 
gas distribution pipelines in the United States. These pipelines 
transport about 66 percent of the United States domestic energy supply. 
Hazardous liquid pipelines carry crude oil to refineries and refined 
products to locations where these products are consumed. Hazardous 
liquid pipelines also transport highly volatile liquids, other 
hazardous liquids such as anhydrous ammonia, and carbon dioxide. Gas 
transmission pipelines typically carry natural gas over long distances 
from gas gathering, supply, or import facilities to localities where it 
is used to heat homes, generate

[[Page 56973]]

electricity, and fuel industry. Gas distribution pipelines take natural 
gas from transmission pipelines and distribute it to residential, 
commercial, and industrial customers. PHMSA's goal is to protect the 
general public and the environment by providing the most effective 
pipeline safety regulations and enforcement programs.
    To fulfill certain mandates in the Pipeline Inspection, Protection, 
Enforcement, and Safety Act of 2006 (Pub. L. 109-468), and to address 
several recommendations of the National Transportation Safety Board, 
PHMSA published on December 3, 2009, a final rule in the Federal 
Register (74 FR 63310) titled: ``Pipeline Safety: Control Room 
Management/Human Factors.'' The final rule amended the Federal pipeline 
safety regulations to address human factors and other aspects of 
control room management for certain pipelines where controllers use 
supervisory control and data acquisition (SCADA) systems. Under the 
final rule, pipeline operators must implement methods to reduce the 
risk associated with controller fatigue. In addition, certain operators 
must define the roles and responsibilities of controllers and provide 
controllers with the necessary information, training, and processes to 
fulfill these responsibilities. Affected operators must also manage 
alarms, assure control room considerations are taken into account when 
changing pipeline equipment or configurations, and review reportable 
incidents or accidents to determine whether control room actions 
contributed to the event. The final rule established a program 
development deadline of August 1, 2011, and a program implementation 
deadline of February 1, 2013, for all substantive provisions in the 
rule.

Justification

    PHMSA periodically reviews its pipeline safety regulations to 
protect people and the environment from the risks inherent in 
transportation of hazardous materials. Pipeline control rooms and 
controllers covered by the control room management rule are critical to 
the safe operation of pipeline systems. Control rooms and controllers 
facilitate and enable normal operations, and provide for prompt 
detection and appropriate response to abnormal conditions and to 
emergencies that may arise. The control room is the central location 
where controllers and computers receive data from field sensors. 
Commands from the control room can also be transmitted back to remotely 
controlled equipment as well as field personnel who may receive 
information from the control room necessary for operations and 
maintenance activities being conducted in the field.
    After evaluating the substantive provisions in the control room 
management rule, as set forth in more detail below, including the fact 
that most of the effort to comply with many of the provisions will have 
already been completed by the August 1, 2011, deadline, PHMSA believes 
that the program implementation deadlines should be expedited to 
realize the safety benefit to the public, property, and the environment 
sooner. Where PHMSA believes there is a need for additional program 
implementation time, the agency proposes to moderately shorten the time 
provided in the current rule by only six months. For these reasons, we 
do not believe expediting the implementation deadlines for the selected 
paragraphs will have significant impact to pipeline operators.
    PHMSA proposes to amend the implementation deadlines in 49 CFR 
192.631 and 195.446 as follows:
    (a) General--This paragraph establishes the scope of the rule and 
would be amended to reflect the revised implementation deadlines set 
forth below.
    (b) Roles and Responsibilities--This paragraph requires operators 
to define the roles and responsibilities of a controller during normal, 
abnormal, and emergency operating conditions. Because most, if not all, 
of the effort to define controllers' roles and responsibilities will be 
performed during the development stage and completed under the current 
rule by August 1, 2011, PHMSA believes the program implementation 
deadline should be expedited to coincide with the program development 
deadline.
    (c) Provide Adequate Information--This paragraph requires operators 
to provide their controllers with the information, tools, processes and 
procedures necessary for the controllers to carry out the roles and 
responsibilities the operators have defined. Paragraphs (c)(1) through 
(c)(4) may require certain physical changes and testing to an 
operator's SCADA system, backup system, and communications. PHMSA 
believes the program implementation deadline for paragraphs (c)(1) 
through (c)(4) should be expedited by six months to August 1, 2012, to 
realize the safety benefit to the public, property, and the environment 
sooner, with minimal impact on regulated entities.
    Paragraph (c)(5) requires the establishment of procedures for when 
a different controller assumes responsibility, including the content of 
information to be exchanged. Since this section is tied to shift 
change, and because most, if not all, of the work to comply with this 
requirement will be performed during the development stage and 
completed under the current rule by August 1, 2011, PHMSA believes the 
program implementation deadline for paragraph (c)(5) should be 
expedited to coincide with the program development deadline consistent 
with paragraph (d) for fatigue.
    (d) Fatigue Mitigation--This paragraph requires operators to 
implement fatigue mitigation methods to reduce the risk associated with 
controller fatigue that could inhibit a controller's ability to carry 
out the roles and responsibilities the operator has defined. Since 
most, if not all, of the work to comply with this requirement will be 
performed during the development stage and completed under the current 
rule by August 1, 2011, PHMSA believes the program implementation 
deadline for this paragraph should be expedited to coincide with the 
program development deadline.
    (e) Alarm Management--This paragraph requires operators that use a 
SCADA system to have a written alarm management plan to provide for 
effective controller response to alarms. Some provisions in this 
paragraph may require physical changes to SCADA systems. PHMSA believes 
the program implementation deadline for this paragraph should be 
expedited by six months to August 1, 2012, to realize the safety 
benefit to the public, property, and the environment sooner, with 
minimal impact on regulated entities.
    (f) Change Management--This paragraph requires operators to assure 
that changes that could affect control room operations are coordinated 
with the control room personnel. Since most, if not all, of the work to 
comply with this requirement will be performed during the development 
stage and completed under the current rule by August 1, 2011, PHMSA 
believes the program implementation deadline for this paragraph should 
be expedited to coincide with the program development deadline.
    (g) Operating Experience--This paragraph requires operators to 
assure that lessons learned from its operating experience are 
incorporated, as appropriate, into its control room management 
procedures. Since most, if not all, of the work to comply with this 
requirement will be performed during the development stage and 
completed under the current rule by August 1, 2011, PHMSA believes the 
program implementation deadline for this

[[Page 56974]]

paragraph should be expedited to coincide with the program development 
deadline.
    (h) Training--This paragraph requires operators to establish a 
controller training program and review the training program content to 
identify potential improvements at least once each calendar year, but 
at intervals not to exceed 15 months. Since most, if not all, of the 
work to comply with this requirement will be performed during the 
development stage and completed under the current rule by August 1, 
2011, PHMSA believes the program implementation deadline for this 
paragraph should be expedited to coincide with the program development 
deadline.
    (i) Compliance Validation--This paragraph requires operators to 
submit their procedures, upon request, to PHMSA or, in the case of an 
intrastate pipeline facility regulated by a state, to the appropriate 
state agency. This requirement is self-executing and would not be 
amended.
    (j) Compliance and Deviation--This paragraph requires operators to 
maintain, for review during inspection, records that demonstrate 
compliance with the requirements of this section, and documentation to 
demonstrate that any deviation from the procedures required by this 
section was necessary for the safe operation of a pipeline facility. 
This requirement is self-executing and would not be amended.
    Based on the above justification, PHMSA proposes to amend the 
control room management rule to require that operators develop and 
implement all paragraphs by August 1, 2011, with the exception of 
paragraphs (c)(1) through (c)(4) and (e), which we propose to require 
development by August 1, 2011, and implementation by August 1, 2012.

Regulatory Analyses and Notices

Privacy Act Statement

    Anyone may search the electronic form of comments received in 
response to any of our dockets by the name of the individual submitting 
the comment (or signing the comment if submitted for an association, 
business, labor union, etc.). You may review DOT's complete Privacy Act 
Statement in the Federal Register published on April 11, 2000 (65 FR 
19477).

Executive Order 12866 and DOT Policies and Procedures

    PHMSA considers this proposed rule a non-significant regulatory 
action under Section 3(f) of Executive Order 12866 (58 FR 51735; 
October 4, 1993). The proposed rule is also non-significant under DOT 
regulatory policies and procedures (44 FR 11034; February 26 1979).
    The final rule's regulatory analysis did not consider specific 
costs for the program implementation deadlines because the costs 
associated with the rule were determined to be the first year program 
implementation costs, and were not dependent on the implementation 
deadline. PHMSA believes that the 18 months provided for program 
development is sufficient for pipeline operators to both develop and 
implement certain provisions of the rule. Where PHMSA believes there is 
a need for additional program implementation time, we propose to 
moderately shorten that time by only six months. Therefore, PHMSA does 
not believe there is additional cost for this proposed rule beyond what 
has already been evaluated in the original control room management 
final rule. The final rule's regulatory analysis estimated first year 
average cost to be $14.4 million for hazardous liquid pipeline 
operators and $28.6 million for gas pipeline operators. The final rule 
estimated the quantifiable present value of the costs and benefits to 
be about $6 million over a ten year period using a discount rate of 
seven percent after all of the requirements are implemented. The final 
rule also found the regulatory costs not to exceed an annual effect of 
more than $100 million on the national economy, which is not an 
economically significant regulatory action within the meaning of 
Executive Order 12866.

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. While PHMSA 
does not collect information on the number of employees or revenues of 
pipeline operators, we do continuously seek information on the number 
of small pipeline operators to more fully determine any impacts our 
proposed regulations may have on small entities. The final rule 
requires most small firms only to comply with certain requirements 
mandated by law, namely fatigue mitigation (including training), and 
recordkeeping for compliance purposes. Therefore, based on our findings 
in the final rule, we do not believe this proposed rule would have a 
significant economic impact on small entities.

Executive Order 13175

    PHMSA has analyzed this rulemaking according to Executive Order 
13175, ``Consultation and Coordination with Indian Tribal 
Governments.'' Because the proposed rule would 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

    The proposed rule does not require any additional paperwork burden 
on hazardous liquid and gas pipeline operators under the Paperwork 
Reduction Act of 1995.

Unfunded Mandates Reform Act of 1995

    This proposed rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$141.3 million or more to either state, local, or tribal governments, 
in the aggregate, or to the private sector.

National Environmental Policy Act

    PHMSA has examined the proposed rule for purposes of the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.) and believes that 
expediting the program implementation deadlines may provide beneficial 
impacts on the quality of the environment. If pipeline operators comply 
with the technical elements of the proposed rule within a shorter time, 
environmental benefits would be realized sooner and may reduce the 
number and severity of pipeline releases. PHMSA has concluded this 
proposed rule would not add any significant negative or beneficial 
impacts to the quality of the human environment under the National 
Environmental Policy Act.

Executive Order 13132

    PHMSA has analyzed the proposed rule according to Executive Order 
13132 (``Federalism''). The proposal 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. The proposed rule does not impose 
substantial direct compliance costs on state and local governments. 
This proposed rule 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 and hazardous liquids impacts the nation's 
available energy supply. However, this proposed

[[Page 56975]]

rule is not a ``significant energy action'' under Executive Order 13211 
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 
proposal as a significant energy action.

List of Subjects

49 CFR Part 192

    Incorporation by reference, Gas, Natural gas, Pipeline safety, 
Reporting and recordkeeping requirements.

49 CFR Part 195

    Anhydrous ammonia, Carbon dioxide, Incorporation by reference, 
Petroleum, Pipeline safety, Reporting and recordkeeping requirements.

    For the reasons provided in the preamble, PHMSA proposes to amend 
49 CFR parts 192 and 195 as follows:

PART 192--TRANSPORTATION OF NATURAL GAS AND OTHER GAS BY PIPELINE: 
MINIMUM FEDERAL SAFETY STANDARDS

    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, 60118, and 60137; and 49 CFR 1.53.

    2. Amend Sec.  192.631 by revising the last sentence in paragraph 
(a)(2) to read as follows:


Sec.  192.631  Control room management.

    (a) * * *
    (2) * * * An operator must develop and implement the procedures no 
later than August 1, 2011, except the procedures required by paragraphs 
(c)(1) through (c)(4) and (e) of this section must be developed no 
later than August 1, 2011, and implemented no later than August 1, 
2012.
* * * * *

PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

    3. The authority citation for part 195 continues to read as 
follows:

    Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60116, 
60118, and 60137; and 49 CFR 1.53.

    4. Amend Sec.  195.446 by revising the last sentence in paragraph 
(a) to read as follows:


Sec.  195.446  Control room management.

    (a) * * * An operator must develop and implement the procedures no 
later than August 1, 2011, except the procedures required by paragraphs 
(c)(1) through (c)(4) and (e) of this section must be developed no 
later than August 1, 2011, and implemented no later than August 1, 
2012.
* * * * *

    Issued in Washington, DC on September 10, 2010.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2010-23227 Filed 9-16-10; 8:45 am]
BILLING CODE 4910-60-P