[Federal Register Volume 87, Number 209 (Monday, October 31, 2022)]
[Notices]
[Pages 65642-65646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-23627]


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DEPARTMENT OF TRANSPORTATION

[Docket No. PHMSA-2021-0054]


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, this 
notice announces that the information collection requests abstracted 
below are being forwarded to the Office of Management and Budget (OMB) 
for

[[Page 65643]]

review and comment. A Federal Register notice with a 60-day comment 
period soliciting comments on the information collection was published 
on March 11, 2022.

DATES: Interested persons are invited to submit comments on or before 
November 30, 2022.

ADDRESSES: The public is invited to submit comments regarding this 
information collection request, including suggestions for reducing the 
burden, to the Office of Management and Budget, Attention: Desk Officer 
for the Office of the Secretary of Transportation, 725 17th Street NW, 
Washington, DC 20503. Comments can also be submitted electronically at 
www.reginfo.gov/public/do/PRAMain.

FURTHER INFORMATION CONTACT: Angela Hill by telephone at 202-680-2034, 
by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    Title 5, Code of Regulations (CFR) section 1320.8(d), requires 
PHMSA to provide interested members of the public and affected agencies 
the opportunity to comment on information collection and recordkeeping 
requests before they are submitted to OMB for approval. In accordance 
with this regulation, on March 11, 2022, PHMSA published a Federal 
Register notice (87 FR 14092) with a 60-day comment period soliciting 
comments on its plan to request revisions to the following forms: Form 
PHMSA F 7000-1, ``Accident Report--Hazardous Liquid and Carbon Dioxide 
Pipeline Systems,'' under Office of Management and Budget (OMB) Control 
No. 2137-0047; Form PHMSA F 7100.2-1, ``Annual Report for Natural and 
Other Gas Transmission and Gathering Pipeline Systems,'' under OMB 
Control No. 2137-0522; Form PHMSA F 7000-1.1, ``Annual Report for 
Hazardous Liquid and Carbon Dioxide Pipeline Systems,'' under OMB 
Control No. 2137-0614; Form PHMSA F 7100.1-1, ``Annual Report for Gas 
Distribution Systems,'' under OMB Control No. 2137-0629; and Forms 
PHMSA F 7100.1, ``Incident Report--Gas Distribution Systems,'' PHMSA F 
7100.2, ``Incident Report--Gas Transmission and Gathering Systems,'' 
and PHMSA F 7100.3, ``Incident Report--Liquefied Natural Gas (LNG) 
Facilities,'' each under OMB Control No. 2137-0635.
    PHMSA proposed to revise the annual reports to collect data on 
excavation damage events to align with the Common Ground Alliance's 
(CGA's) Damage Information Reporting Tool (DIRT) root causes. PHMSA 
proposed to revise its incident and accident reports, to update the 
excavation damage questions to match the 2018 version of DIRT and 
collect state one-call law exemption data when any sub-cause is 
selected under excavation damage. In the hazardous liquid accident 
report, PHMSA proposed requiring the collection of tank data in Parts 
C3u and C3v for all reports where A14, ``Part of system involved in the 
Accident,'' is ``Onshore Breakout Tank or Storage Vessel.'' In all 
three gas incident reports, PHMSA proposed adding the local time and 
date of ``confirmed discovery'' to better assess operator compliance 
with PHMSA's reporting regulations. Finally, PHMSA proposed removing 
Part E of the gas distribution annual report pertaining to the number 
of excess flow valves (EFVs) and manual service line shut-off valves 
installed or in the system.
    During the 60-day comment period, PHMSA received comments from 
Sander Resources, the GPA Midstream Association (GPA Midstream), the 
Interstate Natural Gas Association of America (INGAA), and a joint 
comment from the American Petroleum Institute and the Association of 
Oil Pipe Lines (API/AOPL). The comments, organized by topic area, are 
summarized and addressed below.

II. Response to Public Comments

A. Common Ground Alliance Damage Information Reporting Tool

    Sander Resources opines that aligning PHMSA data with the CGA DIRT 
Report does not increase pipeline safety and does little to improve the 
quality or completeness of the data currently being collected by CGA. 
Sander Resources believes the noticed information collection will 
result in increased cost and greater administrative burden with no 
benefit to operators, regulators, or other stakeholders within the 
damage prevention space. Also, Sander Resources opines there is a 
greater burden on operators since states require different reporting 
information on excavation damage. Sanders Resources states this comes 
at a time where many operators are already under pressure due to the 
new and pending regulatory changes.
    PHMSA's proposed revisions for the three annual report forms is 
limited to collecting the total number of one-call tickets and the 
total number of excavation damage events in each of 26 CGA DIRT root 
cause categories on an annual basis. The current gas distribution 
annual report includes only four root cause categories, and the other 
annual reports currently do not collect data regarding excavation 
damage. PHMSA recognizes an increased burden on operators for all three 
annual reports to provide the expanded root cause data. While the 
collection of data does not immediately impact pipeline safety, 
reporting events under the 26 root cause categories allows PHMSA and 
stakeholders, including operators, to better understand how or why 
excavation damage events have occurred, and thus identify potential 
gaps in damage prevention programs. Over the past twenty years, the 
leading cause of incidents and accidents resulting in fatality or 
injury has been excavation damage. Having 26 root cause values could 
allow stakeholders to identify more specific corrective measures than 
could be identified with only four root causes. A better understanding 
of gaps and the implementation of corrective measures could reduce the 
number of incidents and accidents caused by excavation damage.\1\ 
Finally, states may implement different reporting requirements to 
support unique state processes such as excavation damage enforcement. 
Regardless of the government agency collecting data, the operator only 
needs to determine the root cause once and reporting which category the 
cause falls under is a minimal additional burden.
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    \1\ PHMSA provides the currently collected excavation damage 
data on its website at https://portal.phmsa.dot.gov/PDMPublicReport/?url=https://portal.phmsa.dot.gov/analytics/saw.dll?Portalpages&PortalPath=%2Fshared%2FPDM%20Public%20website%2F_portal%2FExcavation%20Damage.
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    Sander Resources also claims that the 26 new damage root cause 
categories are overwhelmingly excavator-focused and excavators will be 
found responsible for inaccurately high numbers of events reported.
    PHMSA notes that 11 of the 26 root cause categories are excavator-
focused. The categories are designed to capture most of the causes of 
excavation damage and are based on years of CGA experience in 
evaluating the causes of excavation damage events. Again, the 
additional categories are intended to better understand potential gaps 
in pipeline damage prevention programs.
    Sander Resources also expresses concern that the new data 
collection may result in duplicate reporting, that PHMSA has not 
clarified whether the data will be ``normalized,'' and that reporting 
to PHMSA eliminates the anonymity inherent in DIRT.
    Although Sander Resources stated their comments applied to the 
annual report, PHMSA suspects that this comment is intended for the 
incident and accident reports. On the incident

[[Page 65644]]

and accident reports, operators can indicate whether they want PHMSA to 
submit the data to CGA DIRT. Within CGA DIRT, processes are currently 
in place to minimize duplicate reporting. If more than one stakeholder 
reports a damage event to DIRT, the data is ``normalized'' to provide 
the most accurate record for the event. PHMSA collects excavation 
damage data only from the operator and makes no changes to the data. 
The incident and accident report changes proposed by PHMSA have no 
impact on the potential for duplicate reporting in DIRT. Further, since 
CGA DIRT is voluntary, a degree of anonymity is maintained. However, 
PHMSA has never collected incident and accident reports anonymously. 
Visibility of each operator's data is essential for PHMSA and 
stakeholders to better understand gaps in pipeline damage prevention 
programs.
    Sander Resources states that PHMSA only requires excavation damage 
data when the reporting thresholds for incidents or accidents are met 
and suggests that PHMSA adjust the reporting threshold downward 
significantly. They also suggest that PHMSA capture information on 
first- and second-party damage in addition to third party damage.
    PHMSA is proposing the collection of the number of excavation 
damage events in each of 26 root causes on the annual reports. Most of 
the excavation damage events included in the annual reports would not 
be associated with reportable incidents or accidents so collection of 
the data on annual reports is a more streamlined approach to collecting 
this information. Regarding the party causing the damage, neither CGA 
DIRT nor PHMSA's annual, incident, and accident reports, limit the data 
collection to damage events caused by a third party.

B. Time/Date Incident Reporting Criteria Met

    GPA Midstream recommends that PHMSA clarify that property damage 
amounts in section A4 on the incident and accident report forms are 
estimates only. If PHMSA chooses to retain section A4 and add time/date 
of confirmed discovery to section A19, INGAA recommends that PHMSA 
acknowledge that property damage amounts in section A4 are often 
estimated. GPA Midstream and INGAA also recommend that PHMSA remove A4 
from the Gas Transmission and Gathering Incident Report since PHMSA is 
proposing to add time/date of confirmed discovery to section A19 of 
those reports, and the commenters believe the inputs are duplicative.
    PHMSA understands that property damage values are typically 
estimates. PHMSA has traditionally used section A4 of the incident and 
accident report forms to collect the time/date of the incident or 
accident. The report text and instructions have been changed over the 
past ten years in response to the wide variety of incident and accident 
timelines. PHMSA's proposed changes to the instructions for A4 were 
made in response to apparent confusion on the part of operators and 
other stakeholders who believed that the A4 value should be the time/
date when the operator first finishes estimating property damage or the 
time/date when an injured person is admitted to the hospital. In A4, 
PHMSA intends to collect the time/date that consequences began 
occurring. In response to the comments, PHMSA proposes to make it clear 
in the instructions that it expects the operator to report the time/
date the incident/accident occurred or began, not the time/date the 
property damage estimates were generated by the operator (i.e., not the 
time/date the operator believed the criteria were met). PHMSA will also 
change the name of A4 in the incident and accident reports from 
``Earliest local time and date an incident (accident) reporting 
criteria was met'' to ``Incident (Accident) local time and date.'' In 
the instructions, PHMSA maintains the underlying proposal to report the 
time/date that consequences began occurring.
    As discussed above, PHMSA proposes maintaining A4 to collect the 
earliest time/date that consequences began occurring. In 49 CFR 191.3, 
confirmed discovery means ``when it can be reasonably determined, based 
on information available to the operator at the time a reportable event 
has occurred, even if only based on a preliminary evaluation.'' The 
regulatory requirement associated with confirmed discovery is in 
section 191.5, which requires notice to the National Response Center at 
the earliest practicable moment following discovery, but no later than 
one hour after confirmed discovery. Confirmed discovery is related to 
the time required for the operator to conduct a preliminary evaluation 
after the operator became aware that consequences were occurring. In 
many instances, the actual time/date of the event reported in A4 and 
confirmed discovery reported in A19 will be very close together. In 
other cases, there may be significant time between the first occurrence 
of consequences (reported in A4) and confirmed discovery by the 
operator (reported in A19). Both of these time/date values are 
important and provide PHMSA and stakeholders with an indication of the 
time required for the operator to become aware of consequences and 
conduct its preliminary evaluation.

C. Accident Report Breakout Tank Data

    API/AOPL do not believe that revising Part C of the Hazardous 
Liquid and Carbon Dioxide Accident Report for the scenario of a tank 
weld failure will improve data quality and recommend that PHMSA clarify 
specifically how tank releases should be reported as operators have 
multiple options at the time.
    In response to this comment, PHMSA has made several changes to its 
original proposal, including amendments to the following data fields on 
the form: ITEM_INVOLVED (C3), TANK_VESSEL_SUBTYPE (C3u), and CAUSE of 
``Material Failure of Pipe or Weld'' (G5). For C3, PHMSA proposes a 
default, unalterable value of ``Tank/Vessel'' in C3 when 
SYSTEM_PART_INVOLVED (A14) is ``Onshore Breakout Tank or Storage 
Vessel, Including Attached Appurtenances.'' These changes will 
eliminate multiple options for reporting tank releases. PHMSA also 
proposes to modify the instructions for C3u and add additional options. 
The proposed instructions are to report the failure path in C3u. Based 
on text submitted by operators when ``Other'' is selected in C3 or C3u, 
PHMSA proposes adding ``Vent'' and ``Manway'' as additional C3u failure 
path options. Currently, the G5 CAUSE is selectable only when C3 is 
``Pipe'' or ``Weld.'' Since PHMSA is proposing to allow only ``Tank/
Vessel'' in C3 for tank releases and tanks have welds, we also propose 
allowing the selection of the G5 CAUSE when C3 is ``Tank/Vessel.'' With 
these changes, stakeholders would have a clear picture of tank releases 
through a combination of the failure path in C3u and the cause of the 
accident. For example, the failure of a weld in a tank shell would be 
reported with ``Tank Shell'' in C3u and a ``Material Failure of Pipe or 
Weld'' in G5.
    Further, PHMSA will continue improving the clarity of existing 
accident reports. For example, for some tank failures, operators have 
entered ``Other'' for C3 when they should have selected ``Tank/Vessel'' 
in C3 and ``Mixer'' in C3u. PHMSA plans to ask operators to replace 
``Other'' selections with specific data, which will improve the quality 
and clarity of accident reports. PHMSA is committed to continually 
improving the clarity of the reports to collect the best data possible 
and appreciates the API/AOPL comments supporting these efforts.

[[Page 65645]]

III. Summary of Impacted Collections

    This notice announces that PHMSA will submit the information 
collection revision requests abstracted below to OMB for approval. The 
following information is provided for these information collections: 
(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) Frequency of collection.
    PHMSA will request a 3-year term of approval for these information 
collections. PHMSA requests comments on the following information:
    1. Title: Transportation of Hazardous Liquids by Pipeline: Record 
Keeping and Accident Reporting.
    OMB Control Number: 2137-0047.
    Current Expiration Date: 3/31/2024.
    Type of Request: Revision.
    Abstract: This mandatory information collection covers the 
recordkeeping requirements and the collection of accident data from 
operators of hazardous liquid and carbon dioxide pipelines. Part 195 
requires hazardous liquid operators to file an accident report as soon 
as practicable, but not later than 30 days after discovery of the 
accident on form, ``PHMSA F 7000-1'' whenever there is a reportable 
accident. With respect to accidents caused by excavation damage to a 
pipeline, PHMSA is revising this information collection to require 
state law exemption data when any sub-cause is selected within the 
excavation damage causes. PHMSA believes that the current time 
estimated for this information collection provides sufficient time for 
affected operators to include the newly required information. PHMSA 
does not expect operators to incur additional burden due to this 
revision.
    Affected Public: Operators of hazardous liquid and carbon dioxide 
pipeline facilities.
    Annual Reporting and Recordkeeping Burden:
    Estimated number of responses: 1,644.
    Estimated annual burden hours: 53,504.
    Frequency of Collection: On occasion.
    2. Title: Annual and Incident Reports for Gas Pipeline Operators.
    OMB Control Number: 2137-0522.
    Current Expiration Date: 5/31/2024.
    Type of Request: Revision.
    Abstract: This mandatory information collection covers the 
requirements for operators of natural gas pipelines, underground 
natural gas storage facilities, and liquefied natural gas facilities to 
submit annual and incident reports to PHMSA. Currently, PHMSA receives 
an estimated 2,247 reports from operators in compliance with these 
requirements resulting in an overall time burden of 71,801 hours 
annually.
    Section 191.17 requires operators of underground natural gas 
storage facilities, gas transmission systems, and gas gathering systems 
to submit an annual report by March 15, for the preceding calendar 
year. The revision to this information collection includes changes to 
the ``Annual Report for Natural and Other Gas Transmission and 
Gathering Pipeline Systems'' to collect data on excavation damages. 
Each year, gas transmission operators submit an estimated 1,440 annual 
reports to PHMSA. The current estimated burden for each annual report 
is 47 hours for an overall reporting burden of 67,680 hours [47 hours x 
1,440 reports]. Because gas transmission operators are new to 
collecting and submitting data on excavation damage, PHMSA estimates 
that it will take the estimated 1,440 respondents a one-time effort of 
18 hours, per operator, to update their systems to accommodate the new 
data request. This will result in gas transmission and gathering 
operators incurring a one-time burden of 25,920 hours [18 hours x 1,440 
reports]. In addition, PHMSA expects that it will take gas transmission 
operators an additional hour, annually, to include the newly requested 
excavation damage data in their annual report submission. Therefore, 
over the course of the three-year approval for the information 
collection, the average time increase to the gas transmission annual 
report burden will be 7 hours [(18 hours + 3 hours)/3] each year--
resulting in the annual time burden to increase from 47 hours to 54 
hours per report. This will result in an overall burden increase of 
10,080 hours [7 hours x 1,440 reports] due to this revision. The total 
annual burden for submitting the gas transmission annual report will be 
77,760 hours [54 hours x 1,440 reports]. Based on the annual burden 
increase of 10,080 hours for the gas transmission annual reports, the 
estimated annual burden for this entire information collection, 
including the annual report burden for liquefied natural gas and 
underground natural gas storage operators, and the immediate notice of 
incidents for all of these operators, will increase from 71,801 hours 
to 81,881 hours [71,801 hours + 10,080].
    Affected Public: Operators of natural gas transmission pipelines, 
underground natural gas storage facilities, and liquefied natural gas 
facilities.
    Annual Reporting and Recordkeeping Burden:
    Estimated number of responses: 2,247.
    Estimated annual burden hours: 81,881.
    Frequency of collection: Annually and on occasion.
    3. Title: Hazardous Liquid Pipeline Operator Annual Report.
    OMB Control Number: 2137-0614.
    Current Expiration Date: 1/31/2023.
    Type of Request: Revision.
    Abstract: This mandatory information collection covers the 
collection of annual report data from operators of hazardous liquid and 
carbon dioxide pipelines. Part 195 requires these pipeline operators to 
submit reports each year. This revision includes collecting excavation 
damage data and changes to the report form to improve consistency. Each 
year, hazardous liquid operators submit an estimated 475 annual reports 
to PHMSA. The current estimated burden for operators to submit each 
report is 19 hours for an overall annual reporting burden of 9,025 
hours [19 hours x 475 reports]. Because hazardous liquid operators are 
new to collecting and submitting data on excavation damage, PHMSA 
estimates that it will take each of these 475 respondents a one-time 
effort of 18 hours, per operator, to update their systems to 
accommodate the new data request. This will result in a one-time burden 
of 8,550 hours [475 responses x 18 hours]. PHMSA expects that it will 
take hazardous liquid operators an additional hour, annually, to 
include the newly requested excavation damage data in their annual 
report submission. Therefore, over the course of the three-year 
approval for the information collection, the average increase to the 
annual report burden will be 7 hours [(18 hours + 3 hours)/3]. As a 
result, the annual reporting burden will increase from 19 hours to 26 
hours per report. This will result in an estimated annual reporting 
burden of 12,350 hours [475 reports x 26 hours].
    Affected Public: Operators of hazardous liquid and carbon dioxide 
pipeline facilities.
    Annual Reporting and Recordkeeping Burden:
    Estimated number of responses: 475.
    Estimated annual burden hours:12,350.
    Frequency of Collection: Annually.
    4. Title: Annual Report for Gas Distribution Operators.
    OMB Control Number: 2137-0629.
    Current Expiration Date: 5/31/2024.
    Type of Request: Revision.

[[Page 65646]]

    Abstract: This mandatory information collection covers the 
collection of data from operators of gas distribution pipeline systems 
for annual reports. Section 191.17 requires operators of gas 
distribution systems to submit an annual report by March 15, for the 
preceding calendar year. This revision includes updating the CGA DIRT 
root cause categories and removing data about manual service line shut-
off valves and excess flow valves. Each year, gas distribution 
operators submit approximately 1,446 annual reports to PHMSA. The 
current estimated burden for operators to submit each report is 17.5 
hours for an overall annual reporting burden of 25,305 hours [17.5 
hours x 1,446 reports]. Because gas distribution operators are 
currently collecting and submitting data on excavation damage, PHMSA 
estimates that these respondents will incur a one-time effort of nine 
hours, per operator, to update their systems to accommodate the 
expanded data request. This will result in a one-time burden of 13,014 
hours [1,446 reports x 9 hours]. PHMSA expects that it will take gas 
distribution operators an additional hour, annually, to add the newly 
expanded excavation damage data to their annual report submission. 
Therefore, over the course of the three-year approval for the 
information collection, the average increase to the annual report 
burden will be 4 hours [(9 hours + 3 hours)/3] each year. As a result, 
the annual reporting burden will increase from 17.5 hours to 21.5 hours 
per report. This will result in an estimated annual reporting burden of 
31,089 hours [1,446 reports x 21.5 hours].
    PHMSA is also revising the burden estimate to account for the 
elimination of the requirement to report EFV/shut-off valve data. PHMSA 
currently estimates that it takes gas distribution operators 1.5 hours, 
per report, to submit the total number of EFVs and shut-off valves 
installed and maintained in each calendar year. Therefore, the burden 
hour for this requirement is 2,169 hours [1.5 hours x 1,446 reports). 
PHMSA is proposing to eliminate this requirement which will result in a 
2,169-hour burden reduction. Based on the revisions discussed above, 
the burden hour estimate for the gas distribution annual report will be 
20 hours [17.5 hours (current) + 4 hours (DIRT revisions)--1.5 hours 
(eliminated EFV/shut-off valve data)] for a total annual burden of 
28,920 hours [20 hours x 1,446 reports].
    Affected Public: Operators of gas distribution pipeline systems.
    Annual Reporting and Recordkeeping Burden:
    Estimated number of responses: 1,446.
    Estimated annual burden hours: 28,920.
    Frequency of Collection: Annually.
    5. Title: Incident Reports for Natural Gas Pipeline Operators.
    OMB Control Number: 2137-0635.
    Current Expiration Date: 5/31/2024.
    Type of Request: Revision.
    Abstract: This mandatory information collection covers the 
collection of incident data from operators of gas distribution systems 
(form PHMSA F 7100.1, ``Incident Report--Gas Distribution Systems''), 
gas transmission and gathering systems (form PHMSA F 7100.2, ``Incident 
Report--Gas Transmission and Gathering Systems''), and liquefied 
natural gas facilities (PHMSA F 7100.3, ``Incident Report--Liquefied 
Natural Gas (LNG) Facilities,'' each under OMB Control No. 2137-0635). 
Part 191 requires these operators to submit incident reports when 
certain criteria are met. This revision includes changes to form PHMSA 
F 7100.1, ``Incident Report--Gas Distribution Systems,'' to collect 
more state one-call law exemption data and update the CGA DIRT 
questions. In the ``Incident Report--Gas Transmission and Gathering 
Systems'' form, this revision includes changing the name of the form, 
collecting more state one-call law exemption data, and updating the CGA 
DIRT questions. In all three incident reports, this revision includes 
collecting the local time and date of the event as well as the 
``confirmed discovery.'' PHMSA does not expect operators to incur 
additional time due to these revisions. PHMSA expects the current time 
estimated for this information collection to be sufficient for affected 
operators to include the newly required information.
    Affected Public: Gas pipeline operators, operators of underground 
natural gas, and operators of liquefied natural gas facilities.
    Annual Reporting and Recordkeeping Burden:
    Estimated Number of Responses: 259.
    Estimated Annual Burden Hours: 3,108.
    Frequency of Collection: On occasion.
    Comments are invited on:
    (a) The need for the renewal and revision of this 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,
    (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 required to respond, including the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques.
    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 October 25, 2022, under authority 
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2022-23627 Filed 10-28-22; 8:45 am]
BILLING CODE 4910-60-P