[Federal Register Volume 78, Number 176 (Wednesday, September 11, 2013)]
[Notices]
[Pages 55775-55776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-22049]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No PHMSA-2013-0061]


Pipeline Safety: Information Collection Activities

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

ACTION: Notice and request for comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.), this notice announces that the Information 
Collection Request abstracted below is being forwarded to the Office of 
Management and Budget (OMB) for review and comments. A Federal Register 
notice with a 60-day comment period soliciting comments on the 
following information collection was published on April 23, 2013, (78 
FR 23972).
    PHMSA received one comment in response to that notice. PHMSA is 
publishing this notice to respond to the comment, provide the public 
with an additional 30 days to comment on the proposed revisions to the 
forms and the instructions, and announce that the revised information 
collection will be submitted to OMB for approval.

DATES: Comments must be submitted on or before October 11, 2013.

FOR FURTHER INFORMATION CONTACT: Blaine Keener by telephone at 202-366-
0970, by fax at 202-366-4566, or by email at [email protected].

ADDRESSES: You may submit comments identified by the docket number 
PHMSA-2013-0061 by any of the following methods:
     Fax: 1-202-395-5806.
     Mail: Office of Information and Regulatory Affairs (OIRA), 
Records Management Center, Room 10102 NEOB, 725 17th Street NW., 
Washington, DC 20503, ATTN: Desk Officer for the U.S. Department of 
Transportation/PHMSA.
     Email: OIRA, OMB, at the following email address: [email protected].
    Requests for a copy of the Information Collection should be 
directed to Angela Dow by telephone at 202-366-1246, by fax at 202-366-
4566, by email at [email protected], or by mail at U.S. Department of 
Transportation, PHMSA, 1200 New Jersey Avenue SE., PHP-30, Washington, 
DC 20590-0001.

SUPPLEMENTARY INFORMATION: 
    Section 1320.8(d), Title 5, Code of Federal Regulations, requires 
PHMSA to provide interested members of the public and affected agencies 
an opportunity to comment on information collection and recordkeeping 
requests. This notice identifies a revised information collection 
request that PHMSA will be submitting to OMB for approval. The 
information collected from hazardous liquid operators is an important 
tool for identifying safety trends in the hazardous liquid pipeline 
industry.
    In a Federal Register Notice on April 23, 2013, with a 60-day 
comment period, PHMSA published its proposed changes to the hazardous 
liquid operators' accident report and its proposal to include the 
incorporation by reference of American Petroleum Institute (API) API 
1130 (the industry standard on leak detection) which provides 
information collection and maintenance guidance on many factors such as 
measurement capabilities, communications reliability, pipeline 
operating condition, and product type. During this response period, 
PHMSA received one joint comment from API and the Association of Oil 
Pipelines (AOPL).
    This 30-day notice responds to the comments, which may be found at 
http://www.regulations.gov, at docket number PHMSA-2013-0061.
    The following is a summary of the joint comments to PHMSA regarding 
the proposed changes to Form PHMSA F 7000-1 ACCIDENT REPORT--HAZARDOUS 
LIQUID PIPELINE SYSTEMS.

A. Instructions for Volume Spilled (Part A9) and Volume Recovered (Part 
A11)

    Comment: API/AOPL opposes PHMSA's proposal to include all product 
exiting the pipeline system in both the Volume Spilled and Volume 
Recovered categories. API/AOPL requests that volume exiting a system 
during a controlled event not be reported.
    PHMSA Response: PHMSA does not consider any product exiting the 
system at the failure location to be done in a controlled manner. We 
are proposing to revise the instructions to exempt product removed from 
the system at locations remote from the failure site from both the 
Volume Spilled and Volume Recovered categories. However, we continue to 
propose that all product exiting the system at the failure site, 
regardless of the degree of control attainable by the operator, be 
reported in both Volume Spilled and Volume Recovered. Limiting the 
Volume Spilled to product exiting the system at the failure site 
provides the most accurate characterization of the consequences of the 
accident. The difference between Volume Spilled and Volume Recovered 
provides the most accurate characterization of the environmental 
consequences of the accident. This change does not penalize operators 
for withdrawing product in a controlled manner at locations remote from 
the failure site and provides incentive to move product away from the 
failure site whenever possible.
    Comment: API/AOPL recommends ``facility'' be replaced with 
``system'' in the instructions for Volume Spilled and Volume Recovered.
    PHMSA Response: PHMSA has implemented this recommendation.

B. Instructions for Time Sequence (Part A18)

    Comment: API/AOPL opposes the proposed change to the instructions 
regarding the use of the phrase ``when the operator became aware of the 
accident'' to describe the earliest date and time an operator 
identifies a pipeline failure. API/AOPL states that ``awareness of the 
accident'' is open to wide interpretation and suggests that 
``awareness'' be replaced with ``discovery'', which is used in other 
PHMSA regulations. API/AOPL notes that PHMSA's regulations for safety-
related conditions characterize ``discovery'' as ``when an operator's 
representative has adequate information from which to conclude the 
probable existence.''
    PHMSA Response: We do not agree that the proposal to use 
``adequate'' and ``probable'' in the definition of ``discovery'' 
provides additional clarity. Part A18 of the form simply requires the 
operator to report the earliest date/time the operator identified the 
failure and the date/time the operator arrived on site. If PHMSA were 
to implement API/AOPL's recommendation, these date/times would be 
identical and PHMSA would gain no knowledge of operator response time.

[[Page 55776]]

C. Instructions for National Response Center Report Number

    Comment: API/AOPL requests that PHMSA delay the proposal to collect 
multiple National Response Center (NRC) report numbers until the NRC 
implements requirements from the Pipeline Safety, Regulatory Certainty, 
and Job Creation Act of 2011 (``Act'').
    PHMSA Response: PHMSA does not agree that it is necessary to wait 
for actions the NRC may take in response to the ``Act.''
    Comment: API/AOPL suggests a new option is needed when a NRC Report 
was not submitted and proposes that ``NRC notification not required at 
time of release'' be added as an option.
    PHMSA Response: PHMSA has already proposed ``NRC Notification Not 
Required'' as an option.

D. Revise instructions for Accident Preparer and Authorizer

    Comment: API/AOPL recommends changes to both the instructions and 
form to make clear that the information will be available to the 
public.
    PHMSA Response: All data submitted by operators to PHMSA could 
potentially be made publicly available. We have not adopted this 
recommendation.
    The following information is provided for each information 
collection: (1) Abstract for the affected accident report form; (2) 
title of the information collection; (3) OMB control number; (4) 
affected accident report form; (5) description of affected public; (6) 
estimate of total accident reporting and recordkeeping burden; and (7) 
frequency of collection. PHMSA will request a three-year term of 
approval for each information collection activity and, when approved by 
OMB, publish notice of the approval in the Federal Register.
    PHMSA requests comments on the following information collection:
    Title: Transportation of Hazardous Liquids by Pipeline: 
Recordkeeping and Accident Reporting.
    OMB Control Number: 2137-0047.
    Current Expiration Date: 1/31/2014.
    Type of Request: Revision.
    Abstract: This information collection covers recordkeeping and 
accident reporting by hazardous liquid pipeline operators who are 
subject to 49 CFR Part 195 as well as the incorporation by reference of 
the industry standard on leak detection. PHMSA is proposing to revise 
the Hazardous Liquid Accident Report to collect more data on small 
spills and to revise the instructions for completing the form. Section 
195.50 specifies the definition of an ``accident'' and the reporting 
criteria for submitting a Hazardous Liquid Accident Report (Form PHMSA 
F7000-1) is detailed in Sec.  195.54.
    Section 195.444 requires operators of single-phase hazardous liquid 
pipeline facilities that use Computational Pipeline Monitoring (CPM) 
leak detection systems to comply with the standards set out in American 
Petroleum Institute (API) publication API 1130. API 1130 provides 
information collection and maintenance guidance on many factors such as 
measurement capabilities, communications reliability, pipeline 
operating condition, and product type. Compliance with API 1130, 
including its recordkeeping requirements, supports pipeline safety by 
ensuring the proper functioning of CPM leak detection systems.
    Affected Public: Hazardous liquid pipeline operators.
    Accident Reporting and Recordkeeping Burden:
    Annual Responses: 897.
    Annual Burden Hours: 52,429.
    Frequency of collection: On Occasion.
    Comments are invited on:
    (a) The need for the proposed collection of information for the 
proper performance of the functions of the agency, including whether 
the information will have practical utility;
    (b) The accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;
    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (d) Ways to minimize the burden of the collection of information on 
those who are to respond, including the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques.

    Issued in Washington, DC, on September 5, 2013.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2013-22049 Filed 9-10-13; 8:45 am]
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