[Federal Register Volume 79, Number 177 (Friday, September 12, 2014)]
[Notices]
[Pages 54777-54778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21782]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2014-0017]


Pipeline Safety: Construction Notification

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

ACTION: Notice; Issuance of Advisory Bulletin.

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SUMMARY: PHMSA is issuing this advisory bulletin to all owners and 
operators of gas and hazardous liquid pipelines to provide further 
clarification regarding the notification(s) required prior to certain 
construction-related events.
    PHMSA needs to be aware of certain construction-related events to 
have sufficient time to schedule reviews of pipeline construction plans 
and inspections. Moreover, timely construction plan reviews and 
inspections by PHMSA could help operators avoid costly modifications, 
repairs and/or additions to achieve compliance with the Federal 
pipeline safety regulations. Accordingly, PHMSA strongly encourages 
operators to provide the required construction-related notification(s) 
not later than 60 days prior to whichever of the following activities 
occurs first: Material purchasing and manufacturing; right-of-way 
acquisition; construction equipment move-in activities; onsite or 
offsite fabrications; or right-of-way clearing, grading and ditching.
    PHMSA also strongly encourages operators to provide the required 
notification(s) for the construction of 10 or more miles of a new 
pipeline for a pipeline that: (1) Did not previously exist; and (2) for 
the replacement of 10 or more contiguous miles of line pipe in an 
existing pipeline.

FOR FURTHER INFORMATION CONTACT: For any questions about this Advisory 
Bulletin, contact the appropriate PHMSA Regional Office of Pipeline 
Safety as follows:

 Central Region: 816-329-3800
    Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, 
Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin
 Eastern Region: 609-989-2171
    Connecticut, Delaware, District of Columbia, Maine, Maryland, 
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode 
Island, Vermont, Virginia, and West

[[Page 54778]]

Virginia
 Southern Region: 404-832-1147
    Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, 
Puerto Rico, South Carolina, and Tennessee
 Southwest Region: 713-272-2859
    Arkansas, Louisiana, New Mexico, Oklahoma, and Texas
 Western Region: 720-963-3160
    Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, 
Nevada, Oregon, Utah, Washington, and Wyoming

    Intrastate pipeline operators should contact the appropriate state 
pipeline safety authority. A list of state pipeline safety authorities 
is provided at: www.napsr.org.

SUPPLEMENTARY INFORMATION:

I. Background

    The Federal gas pipeline safety regulations in 49 CFR 191.22(c)(1) 
state:
    ``(c) Changes. Each operator of a gas pipeline, gas pipeline 
facility, LNG plant or LNG facility must notify PHMSA electronically 
through the National Registry of Pipeline and LNG Operators at http://opsweb.phmsa.dot.gov of certain events.
    (1) An operator must notify PHMSA of any of the following events 
not later than 60 days before the event occurs:
    (i) Construction or any planned rehabilitation, replacement, 
modification, upgrade, uprate, or update of a facility, other than a 
section of line pipe, that costs $10 million or more. If 60 day notice 
is not feasible because of an emergency, an operator must notify PHMSA 
as soon as practicable;
    (ii) Construction of 10 or more miles of a new pipeline; or
    (iii) Construction of a new LNG plant or LNG facility.''

Similarly, the federal hazardous liquid pipeline safety regulations in 
Sec.  195.64(c)(1) state:
    (c) Changes. Each operator must notify PHMSA electronically through 
the National Registry of Pipeline and LNG Operators at http://opsweb.phmsa.dot.gov, of certain events.
    (1) An operator must notify PHMSA of any of the following events 
not later than 60 days before the event occurs:
    (i) Construction or any planned rehabilitation, replacement, 
modification, upgrade, uprate, or update of a facility, other than a 
section of line pipe, that costs $10 million or more. If 60 day notice 
is not feasible because of an emergency, an operator must notify PHMSA 
as soon as practicable;
    (ii) Construction of 10 or more miles of a new hazardous liquid 
pipeline; or
    (iii) Construction of a new pipeline facility.''
    When PHMSA issued the rules adding these notification requirements, 
we noted that the dynamic nature of the transportation pipeline network 
makes tracking emerging safety issues a significant challenge for 
PHMSA. This dynamic nature of pipeline and pipeline facility 
construction is due to the use of new technologies and automated 
control systems, new high-strength steels, and new welding and 
construction procedures and practices among other things.
    Accordingly, to facilitate better tracking of construction, we need 
to become aware of certain construction-related events in sufficient 
time to allow for the timely scheduling of pipeline construction 
reviews and inspections. PHMSA has observed that further clarification 
may help avoid any confusion as to when to make the required 
notifications and help ensure that operators' projects are not delayed 
as a result of notifications being submitted too late for PHMSA's 
scheduling purposes.

II. Advisory Bulletin (ADB-2014-03)

    To: Owners and Operators of Gas and Hazardous Liquid Pipeline 
Systems.
    Subject: Construction Notification.
    Advisory: Sections 191.22(c)(1) and 195.64(c)(1) require a pipeline 
operator to notify PHMSA not later than 60 days before certain 
``construction'' related events occur. PHMSA did not specifically 
define the term ``construction'' in the codes. This may be somewhat 
challenging for pipeline operators attempting to determine when 60 days 
before a construction related event occurs for reporting purposes.
    PHMSA wants to ensure that operators understand how the earliest 
possible notification to PHMSA of construction related events is 
beneficial to both PHMSA and the operator. PHMSA also recognizes that 
the determination of whether a pipeline operator has complied with the 
reporting regulations in these codes must be determined on a case-by-
case basis with regards to the specific facts of each project and with 
regards to the code language.
    Accordingly, PHMSA strongly encourages operators to provide the 
required notification(s) not later than 60 days prior to whichever of 
the following construction-related activities occurs first: Material 
purchasing and manufacturing; right-of-way acquisition; construction 
equipment move-in activities; onsite or offsite fabrications; or right-
of-way clearing, grading, and ditching. That is, pipeline operators 
should notify PHMSA 60 days prior to whichever of these activities 
would occur first on the operator's specific project. Additionally, 
PHMSA believes operators should provide the required notification(s) 
for the ``construction of 10 or more miles of a new pipeline'' for (1) 
a pipeline that did not previously exist and (2) for the replacement of 
10 or more contiguous miles of line pipe in an existing pipeline. While 
the notification prior to the first occurring construction-related 
activity is strongly encouraged and will benefit both PHMSA and the 
operator, these activities may not necessarily represent the 
commencement of construction for purposes of triggering the minimum 60-
day notice period in the regulations subject to enforcement by PHMSA.

    Authority: 49 U.S.C. Chapter 601 and CFR 1.97.

    Issued in Washington, DC, on September 9, 2014.
Alan K. Mayberry,
Deputy Associate Administrator for Policy and Programs.
[FR Doc. 2014-21782 Filed 9-11-14; 8:45 am]
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