[Federal Register Volume 88, Number 146 (Tuesday, August 1, 2023)]
[Rules and Regulations]
[Pages 50056-50063]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15904]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 192 and 195
[Docket No. PHMSA-2013-0255; Amdt. Nos. 192-134, 195-106]
RIN 2137-AF06
Pipeline Safety: Requirement of Valve Installation and Minimum
Rupture Detection Standards: Technical Corrections
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Correcting amendments.
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SUMMARY: PHMSA is issuing editorial and technical corrections
clarifying the regulations promulgated in its April 8, 2022, final rule
titled ``Pipeline Safety: Requirement of Valve Installation and Minimum
Rupture Detection Standards'' for certain gas, hazardous liquid, and
carbon dioxide pipelines. The final rule also codifies the results of
judicial review of that final rule.
DATES: These corrections are effective as of August 1, 2023.
FOR FURTHER INFORMATION CONTACT:
Technical questions: Steve Nanney, Senior Technical Advisor, by
telephone at 713-272-2855.
General information: Robert Jagger, Senior Transportation
Specialist, by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Corrections
On April 8, 2022, PHMSA published a final rule titled ``Pipeline
Safety: Requirement of Valve Installation and Minimum Rupture Detection
Standards'' \1\ (final rule) amending the Federal Pipeline Safety
Regulations (49 CFR parts 190 through 199) to, among other provisions,
require the installation of rupture-mitigation valves (RMV) or
alternative equivalent technologies and establish minimum performance
standards for the operation of those valves to mitigate the public
safety and environmental consequences of pipeline ruptures. The final
rule became effective on October 5, 2022. This document identifies
several editorial and technical corrections clarifying those
regulations, as set forth below.
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\1\ 87 FR 20940 (Apr. 8, 2022).
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The final rule added a new Sec. 192.179(e) requiring the
installation of rupture-mitigation valves (RMV) on certain onshore gas
pipeline segments 6 inches or greater in diameter. The paragraph
included an exemption for those pipelines in Class 1 or Class 2
locations where the potential impact radius (PIR) of the pipeline is
150 feet or less. However, a comma was inadvertently left in between
``Class 1'' and ``or Class 2 locations,'' which led some readers to
interpret that all pipelines in Class 1 locations were exempt from the
RMV installation requirements, in addition to those pipelines in Class
2 locations with a PIR of 150 feet or less. As the preamble of the
final rule explains (see, e.g., 87 FR 20942, 20972), the exemption was
meant to apply to pipelines with a PIR of 150 feet or less in either
Class 1 locations or Class 2 locations. Therefore, PHMSA is correcting
that regulatory text in this document by removing the comma,
restructuring the sentence for clarity, and adding ``either'' before
the reference to Class 1 and Class 2. PHMSA is also making a conforming
change to Sec. 192.179(f), which contained similar language and will
reflect the same regulatory intent.
Additionally, PHMSA is also correcting Sec. 192.179(e) and (f) by
removing a potentially confusing cross-
[[Page 50057]]
reference. At both Sec. 192.179(e) and (f), the regulatory text states
that, for applicable pipelines, ``all RMVs and alternative equivalent
technologies installed pursuant to [these] paragraphs must meet the
requirements of Sec. Sec. 192.634 and 192.636.'' The requirement for
valve installation under paragraphs (e) and (f) of Sec. 192.179 was
intended to apply to pipelines in all class locations and regardless of
a pipeline's high-consequence area (HCA) status, as applicable.
However, paragraph (a) of Sec. 192.634 states that section is only
applicable to certain pipelines located in HCAs or in Class 3 or Class
4 locations. Therefore, with the cross-reference to Sec. 192.634 in
Sec. 192.179, it may be unclear as to what installation requirements
pipelines in non-HCA Class 1 or Class 2 locations must follow.
Accordingly, in this document, PHMSA is deleting the cross-references
to Sec. 192.634 from the valve installation requirements at Sec.
192.179(e) and (f) so that it is clear that all new pipelines,
regardless of HCA status or class location, must install RMVs in
accordance with Sec. 192.179. This change does not otherwise impact
the additional requirements at Sec. 192.634 specific to certain
pipelines located in HCAs or in Class 3 or Class 4 locations.
The final rule also added a new Sec. 192.610 that established the
valve spacing requirements certain gas pipeline operators must follow
when a class location change occurs. Paragraph (a) of Sec. 192.610, by
its reference to ``transmission,'' provides these requirements apply to
class location changes on onshore gas transmission pipelines. In
contrast, paragraph (b), as written, did not include the reference to
``transmission'' that would limit application of that paragraph in the
same manner as paragraph (a). As a result, some readers were confused
regarding whether the provisions in paragraph (b) were intended to
apply to different pipelines than those subject to paragraph (a). PHMSA
did not intend for paragraphs (a) and (b) to apply to different
pipelines. Therefore, PHMSA is amending paragraph (b) to add a
reference to ``transmission'' mirroring that in paragraph (a), thereby
clarifying those provisions will have the same scope of application.
In Sec. 192.634, PHMSA notes that there was an ``and'' omitted
from paragraph (b)(3) that could potentially cause confusion. In this
document, PHMSA is correcting this error by inserting the word ``and''
following the comma after the references to Sec. Sec. 192.18 and
192.179 and the word ``develop.''
When drafting the final rule, PHMSA created a new Sec. 192.636
that contained the operational requirements for RMVs. The notice of
proposed rulemaking \2\ (NPRM) had proposed these requirements in Sec.
192.634, which also contained design and installation requirements for
pipelines in Class 3 locations, Class 4 locations, and HCAs
specifically. In the final rule, PHMSA moved the majority of the
operational requirements, including those for rupture identification,
valve shut-off time, and flow modeling for automatic shut-off valves
(ASVs), into the new Sec. 192.636, so that it was clear that these
operational requirements applied to all RMVs. However, in the final
rule, PHMSA inadvertently neglected to relocate from Sec. 192.634 into
the new Sec. 192.636 one operational requirement it had proposed in
the NPRM for the manual operation of valves upon identification of a
rupture. Therefore, PHMSA is correcting that oversight in this
correction document by moving Sec. 192.634(c) into Sec. 192.636 at a
new paragraph (h). The requirements at Sec. 192.634 are otherwise
unchanged. PHMSA is also adding to that relocated language each of (1)
in the first sentence, a cross-reference to the RMV installation
requirement and valve shut-off requirement at Sec. 192.634, and (2) in
the last sentence, a reference to Sec. 192.636(c) (governing RMV
operation beyond the 30-minute default timeline set forth in Sec.
192.636(b)) that had been inadvertently omitted from the final rule.
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\2\ 85 FR 7162 (Feb. 6, 2020).
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PHMSA also in Sec. 195.258(e) mistakenly provided that operators
could use a ``manual compressor station valve'' at a continuously
manned station as an alternative equivalent technology. As hazardous
liquid pipelines have pump stations, and not compressor stations, this
phrasing could cause confusion. Accordingly, in this document, PHMSA is
correcting this at Sec. 195.258(e) by revising the phrase ``manual
compressor station valve'' to read ``manual pump station valve.''
At Sec. 195.402(c)(5)(ii) of the final rule, PHMSA uses the term
``incident'' when discussing the identification and implementation of
preventive and mitigative measures following the analyses of ruptures
and RMV valve closures on hazardous liquid pipelines. As ``incident''
is a defined term in part 192 and not part 195, PHMSA believes there
could be some potential confusion regarding the requirements of that
paragraph. Accordingly, in this document, PHMSA is revising the term
``incident'' at Sec. 195.402(c)(5)(ii) to read ``accident'' to be
consistent with part 195 terminology.
PHMSA established a new Sec. 195.417 in the final rule to describe
a ``notification of potential rupture'' for hazardous liquid and carbon
dioxide pipelines. The introductory text of paragraph (a) of that
section contains an error that ``a notification of a potential rupture
``means refers'' to the notification to [. . .].'' In this document,
PHMSA is correcting that typographical error to read ``a notification
of potential rupture means the notification to [. . .].'' Additionally,
PHMSA noted that the regulatory text in that section lacked an explicit
reference to the uncontrolled release of carbon dioxide in addition to
hazardous liquids. PHMSA explained in the final rule that, in the
interest of convenience, it understood references to ``hazardous
liquid'' within the preamble discussion of the final rule's regulatory
amendments to refer to both carbon dioxide and hazardous liquids. See
87 FR 20940 at n. 1. Consistent with that approach, most of the
regulatory language amended by the final rule explicitly extended the
final rule's RMV installation and operation requirements to both
hazardous liquid pipelines and carbon dioxide pipelines; however, PHMSA
inadvertently omitted including explicit reference to carbon dioxide
within Sec. 195.417's elaboration on the ``notification of potential
rupture.'' Therefore, PHMSA has revised both the introductory text of
paragraph (a) and paragraph (a)(3), where appropriate, to clarify that
a ``notification of potential rupture'' can be triggered by one or more
of the indicia of a potential unintentional or uncontrolled release of
either hazardous liquids or carbon dioxide.
Similarly, in Sec. 195.418, paragraph (a) states that the
requirements of the section apply to both hazardous liquid and carbon
dioxide pipelines. After publication of the final rule, PHMSA noticed
that paragraph (b)(3) of the section, ``laterals,'' did not
specifically mention ``carbon dioxide'' when discussing the commodity
volumes that factor into the shut-off segment volume. Therefore, to
clarify the fact that carbon dioxide laterals are also applicable to
the requirements of paragraph (b)(3), PHMSA has inserted the term
``carbon dioxide'' where appropriate.
Prior to the final rule publishing, Sec. 195.420(b) stated that
``each operator shall, at intervals not exceeding 7\1/2\ months, but at
least twice each calendar year, inspect each mainline valve to
determine that it is functioning properly.'' In the NPRM \3\ for the
final
[[Page 50058]]
rule, PHMSA essentially retained this requirement and added that
operators must partially operate valves installed in accordance with
Sec. 195.258(c) and RMVs, as they were defined under proposed Sec.
195.418. However, in the final rule, the word ``mainline'' was removed
from paragraph (b), which then caused the paragraph to require that
``each operator must, at least twice each calendar year but at
intervals not exceeding 7\1/2\ months, inspect each valve to determine
that it is functioning properly.'' PHMSA understands that removing the
word ``mainline'' from those requirements could be interpreted to mean
that PHMSA expects all valves to be inspected and maintained at the
intervals specified within that paragraph, even valves such as those
within pump stations. It was never PHMSA's intent to expand the valve
maintenance requirement to all valves, and this is reflected throughout
both the discussion in the preamble of the final rule and in the Liquid
Pipeline Advisory Committee (LPAC) discussion and voting, where such an
expansion is not contemplated. Therefore, in this document, PHMSA is
correcting this omission by reinserting the word ``mainline'' in the
requirements of Sec. 195.420(b).
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\3\ 85 FR 7162 (Feb. 6, 2020).
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PHMSA also revised the valve maintenance requirements at Sec.
195.420(b) to include specific provisions for RMVs. More specifically,
PHMSA added RMV-specific requirements where operators are required to
partially operate each RMV or alternative equivalent technology as a
part of the requirement for operators to inspect each valve at least
twice per calendar year. The requirement continues to state that
``operators are not required to close the valve fully during the drill
[. . .].'' PHMSA notes that, as distinguishable response time drills
requirements for manually or locally operated alternative equivalent
technology are set out in Sec. 195.420(e), there could be some
confusion as to what the reference to ``drill'' means in the context of
paragraph (b). Therefore, in this document, PHMSA is replacing the term
``drill'' used in paragraph (b) with ``inspection'' to more closely
align with the language used earlier within the same paragraph and
better distinguish between the ``inspections'' required under Sec.
195.420(b) and the ``drills'' conducted pursuant to Sec. 195.420(e).
II. D.C. Circuit Review of the Final Rule
On May 16, 2023, the U.S. Court of Appeals for the District of
Columbia Circuit (D.C. Circuit) vacated the final rule as it applies to
gas and hazardous liquid gathering pipelines.\4\ Therefore, in this
document, PHMSA is removing gathering line-specific amendments
introduced in the final rule and revising the regulatory text
throughout parts 192 and 195 to clarify that the final rule amendments
do not apply to gas or hazardous liquid gathering lines. These
corrections include revisions to Sec. Sec. 192.3, 192.9(b), (c), and
(e)(1)(iv), 195.2, 195.11(b)(2), 195.258, 195.260, 195.402, 195.417,
195.418, 195.419, 195.420, and 195.452. Specific amendments are
discussed below:
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\4\ GPA Midstream Ass'n v. U.S. Dep't of Transp., 67 F.4th 1188
(D.C. Cir. 2023). The D.C. Circuit's vacatur remedy is self-
executing: PHMSA's memorialization in this notice of the court's
vacatur as to gas and hazardous liquid gathering lines is not
legally required but is intended to assist affected pipeline
operators and other stakeholders in understanding precisely what
requirements remain effective following the D.C. Circuit's decision.
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Sections 192.3 and 195.2 are being revised to exempt
gathering lines from the new definitions introduced in the final rule
(``entirely replaced onshore transmission segments,'' ``entirely
replaced onshore hazardous liquid or carbon dioxide segments,''
``notification of potential rupture,'' and ``rupture-mitigation
valve''). While some of those definitions may not have been used within
provisions applicable to gas or hazardous liquid gathering lines, the
term ``notification of potential rupture'' was used in sections of
parts 192 and 195 that had been applicable to gathering lines.
Nevertheless, to minimize confusion for operators, PHMSA is now
revising all of the final rule's new definitions to incorporate
explicit exceptions for gathering lines so as to ensure that operators
are not subject to those terms.
Section 192.9 is being revised to ensure that this section
accurately lists the provisions of part 192 applicable to part 192-
regulated gas gathering lines by: (1) excluding Sec. Sec. 192.615 (to
the extent modified by the final rule \5\), 192.617(b) through (d), and
192.635 from applying to offshore gas gathering lines; (2) excluding
Sec. Sec. 192.179(e) through (g), 192.610, 192.615 (to the extent
modified by the final rule), 192.617(b) through (d), 192.634, 192.635,
192.636, and 192.745(c) through (f) from applying to Type A regulated
onshore gas gathering lines; and (3) excluding Sec. 192.615 (to the
extent modified by the final rule) from applying to Type C regulated
onshore gas gathering lines. While the language of Sec. 192.617(a)
(formerly Sec. 192.617) was modified slightly in the final rule, the
preamble of the final rule explains that these non-substantive changes
simply provided ``additional specificity to the existing regulation at
Sec. 192.617,'' and that ``the underlying requirement remained
unchanged,'' \6\ and therefore PHMSA is not exempting gas gathering
lines from Sec. 192.617(a) in this document. No revisions were
required to exempt Types B and C gas gathering lines from Sec.
192.610, Sec. 192.617(b) through (d), Sec. 192.634, Sec. 192.635,
Sec. 192.636, or Sec. 192.745(c) through (f), nor to exempt Type B
gas gathering lines from the revised requirements of Sec. 192.615,
because those sections are already non-applicable to those types of
pipelines pursuant to Sec. 192.9(d) and (e). Similarly, no revisions
were required to exempt offshore gas gathering lines from Sec. Sec.
192.179(e) through (g), 192.610, 192.634, 192.636, and 192.745(c)
through (f), since those sections are limited to onshore gas pipelines.
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\5\ PHMSA notes that, where the regulatory text of a provision
requires compliance with the language in effect on October 4, 2022
(immediately before the October 5, 2022 effective date of the final
rule), that historical regulatory text can be found by using the
``view historical versions'' link on the National Archives' web page
for the current version of parts 192 and 195 of the Code of Federal
Regulations. See https://www.ecfr.gov/current/title-49.
\6\ 87 FR 20969.
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Finally, PHMSA is revising Sec. Sec. 195.258, 195.260,
195.402, 195.417, 195.418, 195.419, 195.420, and 195.452 to expressly
exempt hazardous liquid gathering lines from the requirements in those
sections that were introduced in the final rule. For clarity, PHMSA is
also revising Sec. 195.11(b)(2) to remove cross-references to any of
those requirements.
PHMSA revised Sec. 195.11(b)(2) in the final rule to establish the
regulated rural gathering lines on which operators are required to
install RMVs (at Sec. 195.11(b)(2)(ii)). While the RMV installation
requirement at Sec. 195.11(b)(2)(ii) has been vacated by the D.C.
Circuit and is therefore being removed in this document, PHMSA is also
correcting a typographical error introduced in Sec. 195.11(b)(2) when
the word ``constructed'' was mistakenly written as ``contracted''
during transcription of the original paragraph in the final rule.
III. Regulatory Analyses and Notices
A. Statutory/Legal Authority
Statutory authority for this document's corrections to the final
rule, as with the final rule itself, whose discussion of statutory
authority at section VI.A., 87 FR 20978, is incorporated herein by
reference, is provided by the Federal Pipeline Safety Act (49 U.S.C.
60101 et seq.). The Secretary delegated his authority under the Federal
Pipeline Safety Act to the
[[Page 50059]]
PHMSA Administrator under 49 CFR 1.97.
PHMSA finds it has good cause to make these corrections without
notice and comment pursuant to section 553(b) of the Administrative
Procedure Act (APA, 5 U.S.C. 551 et seq.). Section 553(b)(B) of the APA
provides that, when an agency for good cause finds that notice and
public procedure are impracticable, unnecessary, or contrary to the
public interest, the agency may issue a rule without providing notice
and an opportunity for public comment. As explained above, the textual
alterations herein consist of editorial and technical corrections,
including revisions to or codification of regulatory language (1)
inadvertently deleted or omitted by the final rule, consistent with
statements in the administrative record (including the preamble and
amendatory text to the final rule and that make no substantive changes
to the final rule but merely facilitate its implementation by aligning
the regulatory text with the explanatory material in the final rule's
preamble, amendatory text, and administrative record; or (2) consistent
with judicial review of the final rule.\7\ Because the final rule is
the product of an extensive administrative record with numerous
opportunities for public comment, including through written comments
and the Pipeline Advisory Committees, and because any requirements of
the final rule vacated by the D.C. Circuit must be removed and
``commentators could not have said anything during a notice and comment
period that would have changed that fact,'' \8\ PHMSA finds that
additional comment on the corrections herein is unnecessary.
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\7\ GPA Midstream Ass'n v. U.S. Dep't of Transp., 67 F.4th at
1201-1202. The D.C. Circuit has held that use of the APA's good
cause exception is appropriate ``when rulemaking without notice and
comment is `a reasonable and perhaps inevitable response to' a
`court order.''' EME Homer City Generation, LP v. EPA, 795 F.3d 118,
134-35 (D.C. Cir. 2015).
\8\ EME Homer City Generation, LP v. EPA, 795 F.3d at 134.
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The immediate effective date of the corrections contained in this
document is authorized under 5 U.S.C. 553(d)(3) of the APA. Section
553(d)(3) provides that a rule should take effect ``not less than 30
days'' after publication in the Federal Register, except for when good
cause is found by the agency and published within the rule, thus
allowing for earlier effectiveness. 5 U.S.C. 553(d)(3). ``[T]he purpose
of the thirty-day waiting period is to give affected parties a
reasonable time to adjust their behavior before the final rule takes
effect.'' Omnipoint Corp. v. F.C.C., 78 F.3d 620, 630 (D.C. Cir. 1996).
PHMSA finds that good cause under section 553(d)(3) of the APA supports
making the revisions effective upon publication in the Federal Register
because the editorial and technical corrections at Sec. Sec.
192.179(e) and (f), 192.610(b), 192.634, 192.636, 195.11(b)(2),
195.258(e), 195.402(c)(5)(ii), 195.417(a) introductory text and (a)(3),
195.418(b)(3), and 195.420(b) provide regulatory clarity for gas and
hazardous liquid pipeline operators, and the correction to Sec.
195.420 returning the word ``mainline'' to the regulations is
consistent with the preamble of the final rule and the LPAC discussions
on the subject.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
This document has been evaluated in accordance with existing
policies and procedures, and is considered not significant under
Executive Order 12866 (``Regulatory Planning and Review''),\9\ as
amended by Executive Order 14094 (``Modernizing Regulatory
Review''),\10\ and DOT Order 2100.6A (``Rulemaking and Guidance
Procedures''); therefore, this document has not been reviewed by the
Office of Management and Budget (OMB). PHMSA finds that the editorial
and technical corrections herein, in all respects consistent with the
final rule (as modified by judicial review), impose no incremental
compliance costs nor adversely affect safety, as they either (1) merely
correct non-substantive typographical errors made during the drafting
of the final rule and restore the intent of the final rule as discussed
in its preamble and supporting documentation, or (2) codify the results
of judicial review limiting the scope of application of the final rule.
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\9\ 58 FR 51735 (Oct. 4, 1993).
\10\ 88 FR 21879 (Apr. 11, 2023).
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C. Regulatory Flexibility Act
The Regulatory Flexibility Act, as amended by the Small Business
Regulatory Flexibility Fairness Act of 1996 (5 U.S.C. 601 et seq.),
generally requires Federal regulatory agencies to prepare a Final
Regulatory Flexibility Analysis (FRFA) for a final rule subject to
notice-and-comment rulemaking under the APA. 5 U.S.C. 604(a).\11\ The
Small Business Administration's implementing guidance explains that
``[i]f an NPRM is not required, the RFA does not apply.'' \12\ Because
PHMSA has ``good cause'' under the APA to forego comment on the
corrections herein, no FRFA is required. Moreover, PHMSA prepared a
FRFA for the final rule, which is available in the docket for this
rulemaking; \13\ because the corrections herein will impose no new
incremental compliance costs, the analysis in that FRFA remains
unchanged.
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\11\ This requirement is subject to exceptions--which are not in
any event applicable here because PHMSA has good cause to forego
comment in adopting the corrections herein.
\12\ Small Business Administration, ``A Guide for Government
Agencies: How to Comply with the Regulatory Flexibility Act'' 55
(2017).
\13\ Doc. No. PHMSA-2013-0255-0046.
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D. Paperwork Reduction Act
The corrections in this document impose no new or revised
information collection requirements beyond those discussed in the final
rule. As explained above, the changes being made in this document are
non-substantive, and they will require no change to the current
incident and annual reporting forms and their respective instructions.
E. Unfunded Mandates Reform Act of 1995
PHMSA analyzed the corrections in this document under the factors
in the Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 1501 et
seq.) and determined that the corrections to the final rule herein do
not impose enforceable duties of $100 million or more, adjusted for
inflation, in any one year, on state, local, or tribal governments, or
on the private sector. PHMSA prepared an analysis of the UMRA
considerations in the Final Regulatory Impact Analysis for the final
rule, which is available in the docket for the rulemaking. Because the
corrections herein will impose no new incremental compliance costs, the
analysis in that UMRA discussion for the final rule need not be
changed.
F. National Environmental Policy Act
The National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321
et seq.) requires Federal agencies to prepare a detailed statement on
major Federal actions significantly affecting the quality of the human
environment. PHMSA analyzed the final rule in accordance with NEPA,
implementing Council on Environmental Quality regulations (40 CFR parts
1500 through 1508) and DOT implementing policies (DOT Order 5610.1C,
``Procedures for Considering Environmental Impacts''), and determined
the final rule would not significantly affect the quality of the human
environment.\14\ The corrections to the final rule in this document
either (1) have no effect on PHMSA's earlier
[[Page 50060]]
NEPA analysis, as they are consistent with, and facilitate compliance
with, the final rule, or (2) merely codify the results of judicial
review of the final rule.
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\14\ Final Environmental Assessment, Doc. No. PHMSA-2013-0255-
0045.
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G. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), the DOT solicits comments from
the public to inform its rulemaking process. The DOT posts these
comments, without edit, including any personal information the
commenter provided, 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.
H. Executive Order 13132 (Federalism)
PHMSA has analyzed this document in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism'').\15\
The corrections herein are consistent with, and facilitate compliance
with, the final rule, and they do not have any substantial direct
effect on the states, the relationship between the Federal Government
and the states, or the distribution of power and responsibilities among
the various levels of government beyond what was accounted for in the
final rule. This document does not contain any provision that imposes
any substantial direct compliance costs on state or local governments,
nor any new provision that preempts state law. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply.\16\
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\15\ 64 FR 43255 (Aug. 10, 1999).
\16\ Moreover, PHMSA determined that the final rule did not
impose substantial direct compliance costs on state and local
governments.
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I. Executive Order 13211
PHMSA analyzed the final rule and determined that the requirements
of Executive Order 13211 (``Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use'') \17\ did
not apply. The corrections to the final rule herein are not a
``significant energy action'' under Executive Order 13211 either, as
they are not likely to have a significant adverse effect on supply,
distribution, or energy use. Further, OMB has not designated the
corrections herein as a significant energy action.
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\17\ 66 FR 28355 (May 22, 2001).
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J. Executive Order 13175
This document was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments'') \18\ and DOT Order
5301.1 (``Department of Transportation Policies, Programs, and
Procedures Affecting American Indians, Alaska Natives, and Tribes'').
Because none of the corrections herein have tribal implications or
impose substantial direct compliance costs on Indian tribal
governments, the funding and consultation requirements of Executive
Order 13175 do not apply.
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\18\ 65 FR 67249 (Nov. 6, 2000).
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K. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609 (``Promoting International Regulatory
Cooperation''),\19\ agencies must consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements. The
corrections to the final rule in this document do not impact
international trade.
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\19\ 77 FR 26413 (May 4, 2012).
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L. Regulation Identifier Number (RIN)
A RIN is assigned to each regulatory action listed in the Unified
Agenda of Federal Regulations. The Regulatory Information Service
Center publishes the Unified Agenda in April and October of each year.
The RIN contained in the heading of this document can be used to cross-
reference this action with the Unified Agenda.
M. Severability
The purpose of these editorial and technical corrections is to
facilitate operator compliance with, and codify the results of judicial
review of, the final rule. However, PHMSA recognizes that certain
provisions focus on unique topics. Therefore, PHMSA finds that each of
the editorial and technical corrections in this rule are severable and
able to function independently if severed from each other. In the event
a court were to invalidate one or more of the unique provisions of this
rule, the remaining provisions should stand, thus allowing their
continued effect.
List of Subjects
49 CFR Part 192
Gas, Natural gas, Pipeline safety, Reporting and recordkeeping
requirements.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Petroleum, Pipeline safety,
Reporting and recordkeeping requirements.
In consideration of the foregoing, PHMSA makes the following
correcting amendments to 49 CFR parts 192 and 195:
PART 192--TRANSPORTATION OF NATURAL GAS AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
0
1. The authority citation for part 192 continues to read as follows:
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5103, 60101 et. seq.,
and 49 CFR 1.97.
0
2. Amend Sec. 192.3 by revising the definitions for ``Entirely
replaced onshore transmission pipeline segments,'' ``Notification of
potential rupture,'' and ``Rupture-mitigation valve'' to read as
follows:
Sec. 192.3 Definitions.
* * * * *
Entirely replaced onshore transmission pipeline segments means, for
the purposes of Sec. Sec. 192.179 and 192.634, where 2 or more miles,
in the aggregate, of onshore transmission pipeline have been replaced
within any 5 contiguous miles of pipeline within any 24-month period.
This definition does not apply to any gathering line.
* * * * *
Notification of potential rupture means the notification to, or
observation by, an operator of indicia identified in Sec. 192.635 of a
potential unintentional or uncontrolled release of a large volume of
gas from a pipeline. This definition does not apply to any gathering
line.
* * * * *
Rupture-mitigation valve (RMV) means an automatic shut-off valve
(ASV) or a remote-control valve (RCV) that a pipeline operator uses to
minimize the volume of gas released from the pipeline and to mitigate
the consequences of a rupture. This definition does not apply to any
gathering line.
* * * * *
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3. Amend Sec. 192.9 by revising paragraphs (b), (c), and (e)(1)(iv) to
read as follows:
Sec. 192.9 What requirements apply to gathering lines?
* * * * *
[[Page 50061]]
(b) Offshore lines. An operator of an offshore gathering line must
comply with requirements of this part applicable to transmission lines,
except the requirements in Sec. Sec. 192.13(d), 192.150, 192.285(e),
192.319(d) through (g), 192.461(f) through (i), 192.465(d) and (f),
192.473(c), 192.478, 192.485(c), 192.493, 192.506, 192.607, 192.613(c),
192.619(e), 192.624, 192.710, 192.712, and 192.714, and in subpart O of
this part. Further, operators of offshore gathering lines are exempt
from the requirements of Sec. Sec. 192.617(b) through (d) and 192.635.
Lastly, operators of offshore gathering lines are exempt from the
requirements of Sec. 192.615 (but an operator of an offshore gathering
line must comply with the requirements of 49 CFR 192.615, effective as
of October 4, 2022).
(c) Type A lines. An operator of a Type A regulated onshore
gathering line must comply with the requirements of this part
applicable to transmission lines, except the requirements in Sec. Sec.
192.13(d), 192.150, 192.285(e), 192.319(d) through (g), 192.461(f)
through (i), 192.465(d) and (f), 192.473(c), 192.478, 192.485(c)
192.493, 192.506, 192.607, 192.613(c), 192.619(e), 192.624, 192.710,
192.712, and 192.714, and in subpart O of this part. However, an
operator of a Type A regulated onshore gathering line in a Class 2
location may demonstrate compliance with subpart N of this part by
describing the processes it uses to determine the qualification of
persons performing operations and maintenance tasks. Further, operators
of Type A regulated onshore gathering lines are exempt from the
requirements of Sec. Sec. 192.179(e) through (g), 192.610, 192.617(b)
through (d), 192.634, 192.635, 192.636, and 192.745(c) through (f).
Lastly, operators of Type A regulated onshore gathering lines are
exempt from the requirements of Sec. 192.615 (but an operator of a
Type A regulated onshore gathering line must comply with the
requirements of 49 CFR 192.615, effective as of October 4, 2022).
* * * * *
(e) * * *
(1) * * *
(iv) Develop and implement procedures for emergency plans in
accordance with the requirements of 49 CFR 192.615, effective as of
October 4, 2022;
* * * * *
0
4. Amend Sec. 192.179 by revising paragraphs (e) and (f) to read as
follows:
Sec. 192.179 Transmission line valves.
* * * * *
(e) For onshore transmission pipeline segments with diameters
greater than or equal to 6 inches that are constructed after April 10,
2023, the operator must install rupture-mitigation valves (RMV) or an
alternative equivalent technology whenever a valve must be installed to
meet the appropriate valve spacing requirements of this section. An
operator seeking to use alternative equivalent technology must notify
PHMSA in accordance with the procedures set forth in paragraph (g) of
this section. All RMVs and alternative equivalent technologies
installed pursuant to this paragraph (e) must meet the requirements of
Sec. 192.636. The installation requirements in this paragraph (e) do
not apply to pipe segments with a potential impact radius (PIR), as
defined in Sec. 192.903, that is less than or equal to 150 feet in
either Class 1 or Class 2 locations. An operator may request an
extension of the installation compliance deadline requirements of this
paragraph (e) if it can demonstrate to PHMSA, in accordance with the
notification procedures in Sec. 192.18, that those installation
compliance deadlines would be economically, technically, or
operationally infeasible for a particular new pipeline.
(f) For entirely replaced onshore transmission pipeline segments,
as defined in Sec. 192.3, with diameters greater than or equal to 6
inches and that are installed after April 10, 2023, the operator must
install RMVs or an alternative equivalent technology whenever a valve
must be installed to meet the appropriate valve spacing requirements of
this section. An operator seeking to use alternative equivalent
technology must notify PHMSA in accordance with the procedures set
forth in paragraph (g) of this section. All RMVs and alternative
equivalent technologies installed pursuant to this paragraph (f) must
meet the requirements of Sec. 192.636. The requirements of this
paragraph (f) apply when the applicable pipeline replacement project
involves a valve, either through addition, replacement, or removal. The
installation requirements in this paragraph (f) do not apply to pipe
segments with a PIR, as defined in Sec. 192.903, that is less than or
equal to 150 feet in either Class 1 or Class 2 locations. An operator
may request an extension of the installation compliance deadline
requirements of this paragraph (f) if it can demonstrate to PHMSA, in
accordance with the notification procedures in Sec. 192.18, that those
installation compliance deadlines would be economically, technically,
or operationally infeasible for a particular pipeline replacement
project.
* * * * *
0
5. Amend Sec. 192.610 by revising paragraph (b) introductory text to
read as follows:
Sec. 192.610 Change in class location: Change in valve spacing.
* * * * *
(b) If a class location change on a gas transmission pipeline
occurs after October 5, 2022, and results in pipe replacement of less
than 2 miles within 5 contiguous miles during a 24-month period, to
meet the MAOP requirements in Sec. 192.611, Sec. 192.619, or Sec.
192.620, then within 24 months of the class location change, in
accordance with Sec. 192.611(d), the operator must either:
* * * * *
0
6. Amend Sec. 192.634 by:
0
a. Revising paragraph (b)(3); and
0
b. Removing paragraph (c).
The revision reads as follows:
Sec. 192.634 Transmission lines: Onshore valve shut-off for rupture
mitigation.
* * * * *
(b) * * *
(3) Laterals. Laterals extending from shut-off segments that
contribute less than 5 percent of the total shut-off segment volume may
have RMVs or alternative equivalent technologies that meet the
actuation requirements of this section at locations other than mainline
receipt/delivery points, as long as all of the laterals contributing
gas volumes to the shut-off segment do not contribute more than 5
percent of the total shut-off segment gas volume based upon maximum
flow volume at the operating pressure. For laterals that are 12 inches
in diameter or less, a check valve that allows gas to flow freely in
one direction and contains a mechanism to automatically prevent flow in
the other direction may be used as an alternative equivalent technology
where it is positioned to stop flow into the shut-off segment. Such
check valves that are used as an alternative equivalent technology in
accordance with this paragraph (b)(3) are not subject to Sec. 192.636,
but they must be inspected, operated, and remediated in accordance with
Sec. 192.745, including for closure and leakage to ensure operational
reliability. An operator using such a check valve as an alternative
equivalent technology must notify PHMSA in accordance with Sec. Sec.
192.18 and 192.179 and develop and implement maintenance procedures for
such equipment that meet Sec. 192.745.
* * * * *
[[Page 50062]]
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7. Amend Sec. 192.636 by adding paragraph (h) to read as follows:
Sec. 192.636 Transmission lines: Response to a rupture; capabilities
of rupture-mitigation valves (RMVs) or alternative equivalent
technologies.
* * * * *
(h) Manual operation upon identification of a rupture. Operators
using a manual valve as an alternative equivalent technology as
authorized pursuant to Sec. Sec. 192.18, 192.179, and 192.634 and this
section must develop and implement operating procedures that
appropriately designate and locate nearby personnel to ensure valve
shutoff in accordance with this section and Sec. 192.634. Manual
operation of valves must include time for the assembly of necessary
operating personnel, the acquisition of necessary tools and equipment,
driving time under heavy traffic conditions and at the posted speed
limit, walking time to access the valve, and time to shut off all
valves manually, not to exceed the maximum response time allowed under
paragraph (b) or (c) of this section.
PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
0
8. The authority citation for part 195 continues to read as follows:
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5103, 60101 et seq.,
and 49 CFR 1.97.
0
9. Amend Sec. 195.2 by:
0
a. Revising the definition for ``Entirely replaced onshore hazardous
liquid or carbon dioxide pipeline segments'';
0
b. Removing the definition ``Notification of Potential Rupture'' and
adding the definition ``Notification of potential rupture'' in its
place; and
0
c. Revising the definition for ``Rupture-mitigation valve''.
The revisions and addition read as follows:
Sec. 195.2 Definitions.
* * * * *
Entirely replaced onshore hazardous liquid or carbon dioxide
pipeline segments, for the purposes of Sec. Sec. 195.258, 195.260, and
195.418, means where 2 or more miles of pipe, in the aggregate, have
been replaced within any 5 contiguous miles within any 24-month period.
This definition does not apply to any gathering line.
* * * * *
Notification of potential rupture means the notification to, or
observation by, an operator of indicia identified in Sec. 195.417 of a
potential unintentional or uncontrolled release of a large volume of
commodity from a pipeline. This definition does not apply to any
gathering line.
* * * * *
Rupture-mitigation valve (RMV) means an automatic shut-off valve
(ASV) or a remote-control valve (RCV) that a pipeline operator uses to
minimize the volume of hazardous liquid or carbon dioxide released from
the pipeline and to mitigate the consequences of a rupture. This
definition does not apply to any gathering line.
* * * * *
0
10. Amend Sec. 195.11 by revising paragraph (b)(2) to read as follows:
Sec. 195.11 What is a regulated rural gathering line and what
requirements apply?
* * * * *
(b) * * *
(2) For steel pipelines constructed, replaced, relocated, or
otherwise changed after July 3, 2009:
(i) Design, install, construct, initially inspect, and initially
test the pipeline in compliance with this part, unless the pipeline is
converted under Sec. 195.5.
(ii) [Reserved]
* * * * *
0
11. Amend Sec. 195.258 by revising paragraph (e) and adding paragraph
(f) to read as follows:
Sec. 195.258 Valves: General.
* * * * *
(e) If an operator elects to use alternative equivalent technology
in accordance with paragraph (c) or (d) of this section, the operator
must notify PHMSA in accordance with Sec. 195.18. The operator must
include a technical and safety evaluation in its notice to PHMSA.
Valves that are installed as alternative equivalent technology must
comply with Sec. Sec. 195.418, 195.419, and 195.420. An operator
requesting use of manual valves as an alternative equivalent technology
must also include within the notification submitted to PHMSA a
demonstration that installation of an RMV as otherwise required would
be economically, technically, or operationally infeasible. An operator
may use a manual pump station valve at a continuously manned station as
an alternative equivalent technology. Such a valve used as an
alternative equivalent technology would not require a notification to
PHMSA in accordance with Sec. 195.18, but it must comply with
Sec. Sec. 195.419 and 195.420.
(f) The requirements of paragraphs (c) through (e) of this section
do not apply to gathering lines.
0
12. Amend Sec. 195.260 by adding paragraph (i) to read as follows:
Sec. 195.260 Valves: Location.
* * * * *
(i) An operator of a gathering line must only comply with the
requirements of 49 CFR 195.260 effective as of October 4, 2022, and
need not comply with the other requirements of this section.
0
13. Amend Sec. 195.402 by revising paragraph (c)(5)(ii) introductory
text and adding paragraph (g) to read as follows:
Sec. 195.402 Procedural manual for operations, maintenance, and
emergencies.
* * * * *
(c) * * *
(5) * * *
(ii) Analysis of rupture and valve shut-offs; preventive and
mitigative measures. If a failure or accident on an onshore hazardous
liquid or carbon dioxide pipeline involves the closure of a rupture-
mitigation valve (RMV), as defined in Sec. 195.2, or the closure of an
alternative equivalent technology, the operator of the pipeline must
also conduct a post-failure or post-accident analysis of all the
factors that may have impacted the release volume and the consequences
of the release, and identify and implement operations and maintenance
measures to minimize the consequences of a future failure or accident.
The analysis must include all relevant factors impacting the release
volume and the consequences, including, but not limited to, the
following:
* * * * *
(g) Exception. An operator of a gathering line must only comply
with the requirements of 49 CFR 195.402 effective as of October 4,
2022, and need not comply with the other requirements of this section.
0
14. Amend Sec. 195.417 by revising paragraphs (a) introductory text
and (a)(3) and adding paragraph (c) to read as follows:
Sec. 195.417 Notification of potential rupture.
(a) As used in this part, a notification of potential rupture means
the notification to, or observation by, an operator (e.g., by or to its
controller(s) in a control room, field personnel, nearby pipeline or
utility personnel, the public, local responders, or public authorities)
of one or more of the below indicia of a potential unintentional or
uncontrolled release of a large volume of hazardous liquids or carbon
dioxide from a pipeline:
* * * * *
(3) Any unanticipated or unexplained rapid release of a large
volume of hazardous liquid or carbon dioxide, a
[[Page 50063]]
fire, or an explosion, in the immediate vicinity of the pipeline.
* * * * *
(c) The requirements of this section do not apply to gathering
lines.
0
15. Amend Sec. 195.418 by revising paragraph (b)(3) and adding
paragraph (d) to read as follows:
Sec. 195.418 Valves: Onshore valve shut-off for rupture mitigation.
* * * * *
(b) * * *
(3) Laterals. Laterals extending from shut-off segments that
contribute less than 5 percent of the total shut-off segment volume may
have RMVs or alternative equivalent technologies that meet the
actuation requirements of this section at locations other than mainline
receipt/delivery points, as long as all of these laterals contributing
hazardous liquid or carbon dioxide volumes to the shut-off segment do
not contribute more than 5 percent of the total shut-off segment
volume, based upon maximum flow volume at the operating pressure. A
check valve may be used as an alternative equivalent technology where
it is positioned to stop flow into the lateral. Check valves used as an
alternative equivalent technology in accordance with this paragraph
(b)(3) are not subject to Sec. 195.419 but must be inspected,
operated, and remediated in accordance with Sec. 195.420, including
for closure and leakage, to ensure operational reliability. An operator
using such a valve as an alternative equivalent technology must submit
a request to PHMSA in accordance with Sec. 195.18.
* * * * *
(d) Exception. The requirements of this section do not apply to
gathering lines.
0
16. Amend Sec. 195.419 by adding paragraph (h) to read as follows:
Sec. 195.419 Valve capabilities.
* * * * *
(h) Exception. The requirements of this section do not apply to
gathering lines.
0
17. Amend Sec. 195.420 by revising paragraph (b) and adding paragraph
(h) to read as follows:
Sec. 195.420 Valve maintenance.
* * * * *
(b) Each operator must, at least twice each calendar year, but at
intervals not exceeding 7\1/2\ months, inspect each mainline valve to
determine that it is functioning properly. Each rupture-mitigation
valve (RMV), as defined in Sec. 195.2 and not contained in a gathering
line, or alternative equivalent technology that is installed under
Sec. 195.258(c) or Sec. 195.418, must also be partially operated.
Operators are not required to close the valve fully during the
inspection; a minimum 25 percent valve closure is sufficient to
demonstrate compliance, unless the operator has operational information
that requires an additional closure percentage for maintaining
reliability.
* * * * *
(h) The requirements of paragraphs (d) through (g) of this section
do not apply to gathering lines.
0
18. Amend Sec. 195.452 by revising paragraph (i)(4) introductory text
and adding paragraph (i)(4)(iv) to read as follows:
Sec. 195.452 Pipeline integrity management in high consequence areas.
* * * * *
(i) * * *
(4) Emergency Flow Restricting Devices (EFRD). If an operator
determines that an EFRD is needed on a pipeline segment that is located
in, or which could affect, a high-consequence area (HCA) in the event
of a hazardous liquid pipeline release, an operator must install the
EFRD. In making this determination, an operator must, at least,
evaluate the following factors--the swiftness of leak detection and
pipeline shutdown capabilities, the type of commodity carried, the rate
of potential leakage, the volume that can be released, topography or
pipeline profile, the potential for ignition, proximity to power
sources, location of nearest response personnel, specific terrain
within the HCA or between the pipeline segment and the HCA it could
affect, and benefits expected by reducing the spill size. An RMV
installed under this paragraph (i)(4) must meet all of the other
applicable requirements in this part, provided that the requirement of
this sentence does not apply to gathering lines.
* * * * *
(iv) The requirements of paragraphs (i)(4)(i) through (iii) of this
section do not apply to gathering lines.
* * * * *
Issued in Washington, DC, on July 21, 2023, under authority
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2023-15904 Filed 7-31-23; 8:45 am]
BILLING CODE 4910-60-P