[Federal Register Volume 85, Number 76 (Monday, April 20, 2020)]
[Proposed Rules]
[Pages 21820-21821]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07922]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 191 and 192
[Docket No. PHMSA-2019-0131]
Pipeline Safety: Farm Taps Frequently Asked Questions
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA);
DOT.
ACTION: Announcement of frequently asked questions; request for
comments.
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SUMMARY: The Pipeline and Hazardous Materials Safety Administration
(PHMSA) is making available for comment a set of proposed frequently
asked questions (FAQs) regarding individual service lines directly
connected to production, gathering, or transmission pipelines, commonly
referred to as farm taps. The proposed FAQs address the applicability
of the Federal Pipeline Safety Regulations and include guidance related
to the Exercise of Enforcement Discretion Regarding Farm Taps published
in the Federal Register on March 26, 2019.
DATES: Persons interested in submitting comments on the proposed farm
tap FAQs must do so by June 19, 2020.
ADDRESSES: You may submit comments, identified by docket number PHMSA-
2019-0131, by any of the following methods:
E-Gov Web: http://www.regulations.gov. This site allows
the public to enter comments on any Federal Register notice issued by
any agency. Follow the online instructions for submitting comments.
Mail: Docket Management System: U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
Hand Delivery: DOT Docket Management System: West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, between 9:00
a.m. and 5:00 p.m. EST, Monday through Friday, except federal holidays.
Fax: 202-493-2251.
Instructions: Identify the docket PHMSA-2019-0131, at the
beginning of your comments. If you submit your comments by mail, submit
two copies. If you wish to receive confirmation that PHMSA received
your comments, include a self-addressed stamped postcard. Internet
users may submit comments at http://www.regulations.gov.
Privacy Act: DOT may solicit comments from the public
regarding certain general notices. DOT posts these comments, without
edit, including any personal information the commenter provides, to
www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from
public disclosure. If your comments responsive to this document contain
commercial or financial information that is customarily treated as
private, that you actually treat as private, and that is relevant or
responsive to this document, it is important that you clearly designate
the submitted comments as CBI. Pursuant to 49 CFR 190.343, you may ask
PHMSA to give confidential treatment to information you give to the
agency by taking the following steps: (1) Mark each page of the
original document submission containing CBI as ``Confidential''; (2)
send PHMSA, along with the original document, a second copy of the
original document with the CBI deleted; and (3) explain why the
information you are submitting is CBI. Unless you are notified
otherwise, PHMSA will treat such marked submissions as confidential
under FOIA, and they will not be placed in the public docket of this
document. Submissions containing CBI should be sent to Sayler Palabrica
at DOT, PHMSA, PHP-30, 1200 New Jersey Avenue SE, PHP-30, Washington,
DC 20590-0001.
Any commentary PHMSA receives that is not specifically designated
as CBI will be placed in the public docket for this matter.
Docket: For access to the docket to read background
documents or comments received, go to http://www.regulations.gov.
Follow the online instructions for accessing the dockets.
Alternatively, you may review the documents in person at the street
address listed above.
FOR FURTHER INFORMATION CONTACT: General: Mr. Sayler Palabrica by
telephone at 202-366-0559, or email at [email protected].
Technical: Mr. Chris McLaren by telephone at 281-216-4455, or email
at [email protected].
SUPPLEMENTARY INFORMATION: PHMSA provides written clarification of the
pipeline safety regulations (49 CFR parts 190-199) in the form of FAQs
and other guidance materials. PHMSA is requesting public comment on a
set of proposed FAQs intended to clarify, explain, and promote better
understanding and implementation of the requirements in Parts 191 and
192 with respect to individual service pipelines directly connected to
transmission, gathering, or production pipelines. These facilities are
typically located in rural areas and are commonly known as ``farm
taps.''
These proposed FAQs reflect PHMSA's current application of the
regulations to the specific implementation scenarios presented.
However, there are many situations and configurations in which farm
taps exist in gas pipeline systems, and individual FAQs cannot account
for all possible scenarios. Operators may request written regulatory
interpretations from PHMSA regarding specific situations in accordance
with Sec. 190.11.
FAQs are provided to help the regulated community understand how to
comply with the regulations, but they are not substantive rules
themselves and do not create legally enforceable rights, assign duties,
or impose new obligations not otherwise contained in the existing
regulations and standards. However, an operator who is able to
demonstrate compliance with the FAQs is likely to be able to
demonstrate compliance with the relevant regulations. If a different
course of action is taken by a pipeline operator, the operator must be
able to demonstrate that its conduct is in accordance with the
regulations.
On January 23, 2017, PHMSA published a final rule titled ``Operator
Qualification, Cost Recovery, Accident and Incident Notification, and
Other Pipeline Safety Changes'' in the Federal Register (82 FR 7972).
This final rule, effective March 24, 2017, excepted individual service
lines directly connected to a transmission, gathering, or production
pipeline from the distribution integrity management program (DIMP)
regulations at Sec. 192.1003(b). Instead, PHMSA added Sec. 192.740,
requiring periodic inspection and maintenance for pressure-regulating,
limiting, and overpressure protection devices on individual service
lines directly connected to production, gathering, or transmission
pipelines.
[[Page 21821]]
PHMSA adopted this approach after working with stakeholders to best
identify how to address risks to the integrity of farm taps in an
appropriate and cost-effective manner.
After the publication of the rule, industry stakeholders commented
that PHMSA had underestimated the costs of compliance with the new
Sec. 192.740 farm tap inspection requirements, and that existing DIMP
requirements, in conjunction with other current requirements such as
Sec. 192.723(b)(2) leak surveys, could provide an equivalent level of
safety. As part of DOT's regulatory review process, PHMSA is
considering changes to the requirements for maintaining pressure-
regulating, limiting, and overpressure protection devices on farm taps
in the future.
On March 26, 2019, PHMSA issued an Announcement of Enforcement
Discretion (84 FR 11253) that provides operators with the flexibility
to address the safety of pressure control, limiting, and overpressure
protection devices on farm taps under either Sec. 192.740 or their
DIMP, as specified by Sec. 192.1003 prior to its revision.
To help operators better understand the applicability of Sec.
192.740 and other issues related to farm taps, PHMSA is issuing these
proposed FAQs. PHMSA invites interested parties to review the proposed
FAQs and submit written comments, data, or other information. Other
topics addressed in the proposed FAQs include how to determine if a
farm tap is regulated; reporting requirements for distribution services
from an unregulated source pipeline; the applicability of operation and
maintenance requirements; regulatory definitions; the applicability of
certain requirements to existing facilities; testing requirements; and
other Part 192 requirements. When finalized, these FAQs will supersede
FAQ C.3.7 in the Distribution Integrity Management Frequently Asked
Questions document at: https://www.phmsa.dot.gov/pipeline/gas-distribution-integrity-management/gas-distribution-integrity-management-faqs.
The proposed FAQs and other supporting documents are available
online on the Federal eRulemaking Portal, https://www.regulations.gov;
search for Docket No. PHMSA-2019-0131. Before finalizing the proposed
FAQs, PHMSA will evaluate all comments received on or before the
comment closing date. Comments received after the closing date will be
evaluated to the extent practicable. Once finalized, PHMSA's FAQs will
be posted on PHMSA's public website at https://www.phmsa.dot.gov.
Issued in Washington, DC, on April 9, 2020, under authority
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2020-07922 Filed 4-17-20; 8:45 am]
BILLING CODE 4910-60-P