[Federal Register Volume 86, Number 10 (Friday, January 15, 2021)]
[Proposed Rules]
[Pages 3956-3957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00152]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 192 and 195

[Docket No. PHMSA-2020-0086]


Pipeline Safety: Operator Qualification Frequently Asked 
Questions

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

ACTION: Notification and request for comments.

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SUMMARY: PHMSA is making available for public comment a revised set of 
operator qualification frequently asked questions (FAQs) that will 
replace its current operator qualification FAQs. The proposed revisions 
will provide greater clarity regarding PHMSA's operator qualification 
regulations. The revised FAQs would replace current FAQs that are 
outdated or no longer relevant, and will ensure that each FAQ is tied 
to a specific regulatory requirement.

DATES: Individuals who are interested in submitting comments on the 
proposed revisions to the FAQs must do so by February 16, 2021.

ADDRESSES: You may submit comments identified by Docket No. PHMSA-2020-
0086 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: Comments may be submitted by mailing them to: U.S. 
Department of Transportation, Docket Management System--Docket 
Operations (M-30), 1200 New Jersey Avenue SE, Room W12-140, Washington, 
DC 20590-0001.
     Hand Delivery: Comments may be hand-delivered to the U.S. 
Department of Transportation at 1200 New Jersey Avenue SE, Room W12-
140, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET Monday 
through Friday, except federal holidays.
     Instructions: Identify Docket No. PHMSA-2020-0086 at the 
beginning of your comments. You must provide two copies of your 
comments if you submit by mail. If you would like confirmation that 
PHMSA received your comments, please include a self-addressed stamped 
postcard. Internet users should submit comments at https://www.regulations.gov.
     Privacy Act Statement: In accordance with 5 U.S.C. 553(c), 
the

[[Page 3957]]

DOT solicits comments from the public to better inform its rulemaking 
process. The DOT posts these comments without edit, including any 
personal information the commenter provides, to https://www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://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 (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments in response 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 provide 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 a copy of the original document with the CBI deleted along 
with the original, unaltered document; 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 the Freedom of Information Act and they will not be placed in the 
public docket of this notification. Submissions containing CBI should 
be sent to James Reynolds, 1200 New Jersey Avenue SE, E24-452, 
Washington, DC 20590-0001, or emailed to [email protected]. Any 
commentary PHMSA receives that is not specifically designated as CBI 
will be placed in the public docket for this guidance.
     Docket: For access to the docket or to read background 
documents or comments, go to https://www.regulations.gov. 
Alternatively, you may review the documents in person at the U.S. 
Department of Transportation at 1200 New Jersey Avenue SE, Room W12-
140, Washington, DC 20590-0001, between 9 a.m. and 5 p.m. ET Monday 
through Friday, except federal holidays.

FOR FURTHER INFORMATION CONTACT: General: James Reynolds, General 
Engineer, Office of Pipeline Safety, by phone at (202) 366-2786 or via 
email at [email protected]. Technical: Gregory Ochs, Central 
Region Director, Office of Pipeline Safety, by phone at (816) 329-3814 
or via email at [email protected].

SUPPLEMENTARY INFORMATION: PHMSA uses FAQs and other guidance materials 
to clarify the Federal pipeline safety regulations (PSRs) found in 49 
CFR parts 190-199. PHMSA-developed FAQs include operator qualification 
FAQs that address the PSRs in 49 CFR part 192, subpart N, and 49 CFR 
part 195, subpart G. These FAQs are currently available at https://www.phmsa.dot.gov/pipeline/operator-qualifications/oq-frequently-asked-questions.
    PHMSA proposes revisions to the operator qualification FAQs by 
modifying and eliminating some of the current FAQs. PHMSA requests 
public comment on the proposed revisions, which were developed by a 
team of PHMSA operator qualification subject matter experts (SMEs). The 
proposed revisions are intended to tie each FAQ to a specific operator 
qualification regulatory requirement and to eliminate obsolete FAQs.
    PHMSA created these FAQs to help the regulated community better 
understand how to comply with the PSRs. Like all PHMSA guidance, FAQs 
are not rules, nor do they create legally enforceable rights, assign 
duties, or impose new obligations that are not contained in the 
existing regulations and standards. Pipeline operators must comply with 
the underlying safety standards referred to in the FAQs.
    PHMSA's operator qualification PSRs are codified in 49 CFR part 
192, subpart N, and 49 CFR part 195, subpart G. PHMSA originally 
developed pipeline operator qualification FAQs following a series of 
public meetings in 2003. The FAQs address PHMSA's operator 
qualification PSRs, which help to ensure that qualified individuals 
perform covered tasks on pipeline facilities and reduce the probability 
and consequences of pipeline incidents caused by human error. The PSRs 
state that each pipeline operator is responsible for developing and 
following an operator qualification program, establishing a covered 
task list that is applicable to their system, and defining the training 
and qualification requirements for personnel who perform covered tasks 
on pipeline facilities. Each operator is responsible for ensuring that 
its contractors and vendors comply with the requirements of the 
operator's qualification program.
    PHMSA assembled a team of SMEs to develop the revised operator 
qualification FAQs based on the existing FAQs, the compliance questions 
received from operators and the public, and the requirements of the 
code. PHMSA SMEs reviewed the 63 current FAQs to determine whether any 
should be revised, added, or deleted. As a result of this review, PHMSA 
proposes publishing a total of 40 FAQs for public notice. The draft 
FAQs are available online on the Federal eRulemaking Portal, https://www.regulations.gov; search for Docket No. PHMSA-2020-0086. Once 
finalized, PHMSA will post the revised FAQs on its public website in 
place of the current FAQs.

    Issued in Washington, DC, on January 5, 2021, under authority 
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2021-00152 Filed 1-14-21; 8:45 am]
BILLING CODE 4910-60-P