[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54590-54592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-19094]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No: PHMSA-2022-0060]


Pipeline Safety: Information Collection Activities: Voluntary 
Adoption of API RP 1173 for Gas Distribution Systems

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

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, PHMSA 
invites public comments on its intent to request Office of Management 
and Budget (OMB) approval of a new, one-time information collection 
titled: ``Voluntary Adoption of API RP 1173 for Gas Distribution 
Systems.'' The proposed information collection would provide data 
necessary to prepare the report required by Section 205 of the 
Protecting Our Infrastructure of Pipelines and Enhancing Safety (PIPES) 
Act of 2020 for gas distribution systems.

DATES: Interested persons are invited to submit comments on or before 
November 7, 2022.

ADDRESSES: Comments may be submitted in the following ways:
    E-Gov Website: http://www.regulations.gov. This site allows the 
public to enter comments on any Federal Register notice issued by any 
agency.
    Fax: 1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of Transportation 
(DOT), 1200 New Jersey Avenue SE, West Building, Room W12-140, 
Washington, DC 20590-0001.
    Hand Delivery: Room W12-140 on the ground level of DOT, West 
Building, 1200 New Jersey Avenue SE, Washington, DC, between 9:00 a.m. 
and 5:00 p.m., ET, Monday through Friday, except federal holidays.
    Instructions: Identify the docket number, PHMSA-2022-0060 at the 
beginning of your comments. Note that all comments received will be 
posted without change to http://www.regulations.gov, including any 
personal information provided. You should know that anyone is able to 
search the electronic form of all comments received into any of our 
dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). Therefore, you may want to review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000, (65 FR 19477) or visit http://www.regulations.gov 
before submitting any such comments.
    Docket: For access to the docket or to read background documents or 
comments, go to http://www.regulations.gov at any time or to Room W12-
140 on the ground level of DOT, West Building, 1200 New Jersey Avenue 
SE, Washington, DC, between 9:00 a.m. and 5:00 p.m., ET, Monday through 
Friday, except federal holidays. If you wish to receive confirmation of

[[Page 54591]]

receipt of your written comments, please include a self-addressed, 
stamped postcard with the following statement: ``Comments on: PHMSA-
2022-0060.'' The Docket Clerk will date stamp the postcard prior to 
returning it to you via the U.S. mail. Please note that due to delays 
in the delivery of U.S. mail to federal offices in Washington, DC, we 
recommend that persons consider an alternative method (internet, fax, 
or professional delivery service) of submitting comments to the docket 
and ensuring their timely receipt at DOT.
    Privacy Act Statement: 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 notice 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 notice, 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. Submissions containing CBI 
should be sent to Angela Hill, DOT, PHMSA, 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.

FOR FURTHER INFORMATION CONTACT: Angela Hill by telephone at 202-366-
1246 or by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    In July 2015, the American Petroleum Institute (API) published 
Recommended Practice (RP) 1173, Pipeline Safety Management Systems 
(SMS). The Pipeline SMS recommended practice was the culmination of a 
two-year effort by pipeline operators, state and federal regulators, 
and other stakeholders.
    On September 13, 2018, a low-pressure gas distribution system owned 
and operated by Columbia Gas of Massachusetts was over pressured in 
Lawrence, Andover, and North Andover, MA (Merrimack Valley) resulting 
in a series of structure fires and explosions causing 1 fatality, 22 
persons injured, 131 structures destroyed or damaged, and approximately 
11,000 customers without gas service for months. NTSB investigated the 
incident and determined that the probable cause of the Merrimack Valley 
incident was Columbia Gas of Massachusetts' weak engineering management 
that did not adequately plan, review, sequence, and oversee the 
construction project that led to the abandonment of a cast iron main 
without first relocating regulator sensing lines to the new 
polyethylene main.
    After the Merrimack Valley incident, Senator Ed Markey (MA) hosted 
a Senate Commerce Committee field hearing on November 26, 2018, with 
Senator Elizabeth Warren (MA), Senator Maggie Hassan (N.H.), then-
Congresswoman Niki Tsongas (MA-03), Congressman Seth Moulton (MA-06), 
and Congresswoman Lori Trahan. In April 2019, Senators Markey and 
Warren and Representative Lori Trahan (MA-03) introduced the ``Leonel 
Rondon Pipeline Safety Act''. The bill in the Senate was sponsored by 
Senators Markey, Warren, and Richard Blumenthal (D-Conn.); 
Congresswoman Trahan introduced companion legislation in the House of 
Representatives. The bill aimed at establishing regulations that would 
improve gas pipeline operators' risk management plans, improve 
emergency response coordination with the public and first responders, 
institute best industry practices for holistic safety management, and 
mandate use of accurate and reliable maps and records. The resulting 
language through Section 205 of the PIPES Act of 2020 directed PHMSA to 
submit, by December 27, 2023, a report to Congress describing:
     the number of operators of natural gas distribution 
systems who have implemented a Pipeline SMS in accordance with API RP 
1173;
     the progress made by operators of natural gas distribution 
systems who have implemented, or are in the process of implementing a 
Pipeline SMS; and
     the feasibility of an operator of a natural gas 
distribution system implementing a Pipeline SMS based on the size of 
the operator as measured by the number of customers the operator has 
and the amount of natural gas the operator transports.
    PHMSA needs certain information from natural gas distribution 
operators to prepare the mandated report. While the PIPES Act mandate 
pointed specifically to API RP 1173, there are other SMS program 
variations available to natural gas distribution operators. Some 
operators may be using API RP 1173 as written to develop their SMS 
framework. Others may be using a modified version of API RP 1173, 
adding elements specific to their operations, or using a completely 
customized SMS program.
    PHMSA may also use the information collected to assess the cost 
impacts of proposed changes in the pipeline safety regulations mandated 
by the Leonel Rondon Pipeline Safety Act (2137-AF53). For example, 
implementing an SMS program based on API RP 1173 requires the operator 
to maintain procedures for Management of Change (MOC) to be applied to 
significant technology, equipment, procedural, and organizational 
changes. Section 204 of the PIPES Act directs PHMSA to update 
regulations to ensure that gas distribution operators include a 
detailed MOC process in their procedural manual for operations, 
maintenance, and emergencies. The regulation update will have to also 
address emergency response plans and record keeping requirements which 
are two of elements of API RP 1173.
    PHMSA has created a form for this information collection. A draft 
of this form, along with the associated instructions, can be found at 
www.regulations.gov under docket number PHMSA-2022-0060. Upon the 
collection of this information, PHMSA will analyze the data and prepare 
a report for Congress.

II. Summary of Impacted Collection

    Section 1320.8(d), Title 5, Code of Federal Regulations, requires 
PHMSA to provide interested members of the public and affected entities 
an opportunity to comment on information collection and recordkeeping 
requests. This notice identifies a one-time information collection that 
PHMSA will submit to OMB for approval.
    The following information is provided for this information 
collection: (1) Title of the information collection; (2) OMB control 
number; (3) Current expiration date; (4) Type of request; (5) Abstract 
of the information collection activity; (6) Description of affected 
public; (7) Estimate of total annual reporting and recordkeeping 
burden; and (8)

[[Page 54592]]

Frequency of collection. PHMSA requests comments on the following 
information:
    Title: Voluntary Adoption of API RP 1173 for Gas Distribution 
Systems.
    OMB Control Number: Will request from OMB.
    Current Expiration Date: TBD.
    Type of Request: Approval of an information collection.
    Abstract: This information collection request covers the collection 
of data from operators of natural gas distribution pipeline systems to 
ascertain how many gas distribution operators are voluntarily 
implementing API RP 1173, progress being made for those that have 
implemented or are implementing a Pipeline SMS, and feasibility to 
implement a Pipeline SMS based on size of the operator.
    Affected Public: Natural gas distribution pipeline operators.
    Annual Burden:
    Estimated number of responses: 1,314.
    Estimated annual burden hours: 1,314.
    Frequency of Collection: Once.
    Comments are invited on:
    (a) The need for this information collections 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;
    (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; 
and
    (e) Additional information that would be appropriate to collect to 
inform the reduction in risk to people, property, and the environment 
due to excavation damages.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter 
35, as amended, and 49 CFR 1.48.

    Issued in Washington, DC, on August 26, 2022, under authority 
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-19094 Filed 9-2-22; 8:45 am]
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