[Federal Register Volume 62, Number 35 (Friday, February 21, 1997)]
[Proposed Rules]
[Pages 7985-7987]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4275]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 192 and 195

[Docket No. PS-94; Notice 6]
RIN 2137-AB38


Qualification of Pipeline Personnel

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice of public meeting.

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SUMMARY: This document announces the first meeting of an advisory 
committee to conduct a negotiated rulemaking to develop a proposed rule 
on qualifications of pipeline employees performing certain safety-
related functions on pipelines subject to the pipeline safety 
regulations. The advisory committee is composed of persons who 
represent the interests that would be affected by the rule, such as gas 
pipeline operators, hazardous liquid and carbon dioxide pipeline 
operators, representatives of state and federal governments, and other 
interested parties.

DATES: The advisory committee's first meeting will be held from 8:30 am 
to 5 pm on April 23-24, 1997.

ADDRESSES: The advisory committee meeting will be held in Room 3200-
3204 at the U.S. Department of Transportation, Nassif Building, 400 7th 
Street SW, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Eben M. Wyman, (202) 366-0918, 
regarding the subject matter of this Notice; or the Dockets Unit, (202) 
366-4453, for copies of this document or other material in the docket.

SUPPLEMENTARY INFORMATION:

Congressional Mandates

    Under sections 106 and 205 of the Pipeline Safety Act of 1992 (Pub. 
L. No. 102-508; October 24, 1992), 49 U.S.C. 60102, Congress mandated 
DOT to require that ``all individuals responsible for the operation and 
maintenance of pipeline facilities be tested for qualifications and 
certified to perform such functions.'' Section 4 of the Accountable 
Pipeline Safety and Partnership Act of 1996 (Pub. L. No. 104-304; 
October 12, 1996), amended that mandate to require that ``all 
individuals who operate and maintain pipeline facilities shall be 
qualified to operate and maintain the pipeline facilities.'' The new 
mandate retains the requirement that ``qualifications applicable to an 
individual who operates and maintains a pipeline facility shall address 
the ability to recognize and react appropriately to abnormal operating 
conditions that may indicate a dangerous situation or a condition 
exceeding design limits. The operator of a pipeline facility shall 
ensure that employees who operate and maintain the facility are 
qualified to operate and maintain the pipeline facilities.''

Notice of Intent To Form a Negotiated Rulemaking Committee

    On July 2, 1996, RSPA issued a Notice of Intent (NOI) (61 FR 34410) 
to inform the public of RSPA's intent to form a Negotiated Rulemaking 
Committee to develop a proposed rule on the qualification of pipeline 
personnel who are engaged in pipeline operations, maintenance, and 
emergency-response functions. Concurrently with the issuance of the 
NOI, RSPA issued a Notice (61 FR 34413) withdrawing a previous Notice 
of Proposed Rulemaking in Docket No. PS-94 titled ``Qualification of 
Pipeline Personnel'' (59 FR 39506). The NOI listed interests that could 
be affected by a qualification rule and tentatively identified various 
organizations that could represent those interests. The NOI also 
invited comments on the issues to be negotiated, and invited interested 
parties to apply for appointment to the committee if they could 
demonstrate that their interests could not be adequately represented by 
the proposed committee members.
    RSPA received over 20 comments to the NOI, all of which supported 
the negotiated rulemaking initiative. A few comments focused on the 
``Key Issues for Negotiation'' in the NOI. These commenters requested a 
more general approach to the pipeline qualification issue, and urged 
RSPA to avoid involvement with specific pipeline-related functions. 
Further, a gas trade association said that it would be premature to 
discuss the ``key issues,'' and suggested a number of basic ``guiding 
principals'' for discussions during the negotiation.
    RSPA did not intend to limit the Committee's discussion to the 
``key issues'' described in the NOI. RSPA is willing to address the 
comments to the NOI directly, or allow the representatives of these 
organizations to bring their concerns to the negotiating table. The 
meeting's agenda and processes will be left to the Committee's 
discretion, with the help of the facilitator. These procedural issues 
will be resolved at this initial meeting.

[[Page 7986]]

Members of the RSPA Negotiated Rulemaking Committee

    As noted in the NOI, the Federal Mediation and Conciliation Service 
(FMCS) served as the convener of this negotiated rulemaking, and will 
be serving as the facilitator for the Negotiated Rulemaking Committee. 
RSPA representatives met with FMCS on several occasions to discuss the 
issues that needed to be addressed and the interests that needed to be 
represented on a negotiated rulemaking committee. FMCS contacted 
organizations that might be able to represent various interests, 
reviewed additional applications for representation, and drafted a 
tentative membership list. Each organization will be allowed one seat 
at the negotiating table. Subsequently, the following organizations 
were approved by the Secretary for membership on the Negotiated 
Rulemaking Committee:

1. American Gas Association (AGA)

    The AGA represents a large number of gas distribution and a few 
transmission companies in the pipeline industry. AGA members consist of 
both large and small operators.

2. American Petroleum Institute (API)

    API represents the interests of the hazardous liquid pipeline 
companies. API is the major trade association in the petroleum 
industry.

3. Interstate Natural Gas Association of America (INGAA)

    INGAA consists mainly of the larger interstate gas transmission 
pipelines. INGAA represents the larger interstate gas transmission 
pipeline companies in the natural gas transportation industry.

4. American Public Gas Association (APGA)

    APGA is a trade association of publicly-owned and municipal gas 
companies. APGA represents the interests of these municipalities, and 
although these public companies are generally small, they operate a 
large number of the distribution pipelines in American cities and 
suburbs.

5. National Propane Gas Association (NPGA)

    NPGA consists of many companies that deal with transportation of 
propane gas. Members of NPGA are usually smaller operators, but the 
interests of the larger propane transportation companies are also 
represented.

6. Association of Texas Intrastate Natural Gas Pipelines

    This association represents the interests of intrastate natural gas 
transmission pipelines. The Association's work with industry training 
organizations may contribute to development of the qualifications rule.

7. Midwest Gas Association (MGA)

    MGA is a non-profit organization consisting of over 100 investor-
owned utilities, municipal utilities, contractors, and manufacturers. 
Working with others in the gas pipeline transportation industry, MGA 
has developed many training programs, including those involving 
pipeline transportation.

8. National Association of Corrosion Engineers (NACE)

    NACE is an organization of corrosion experts. Corrosion is the 
second most common source of pipeline failures, and NACE works 
primarily on issues of corrosion and corrosion control systems.

9. National Association of Pipeline Safety Representatives (NAPSR)

    NAPSR is an organization of state pipeline safety programs. This 
organization represents the state pipeline safety program managers, 
most of whom would incorporate the Federal final rule on operator 
personnel qualifications into their state's pipeline safety program.

10. National Association of Regulatory Utility Commissioners (NARUC)

    NARUC represents the interests of the state utility commissioners, 
who regulate gas rates and terms of service in most of the fifty 
states. The qualification rulemaking could have an impact on the costs 
of gas service incorporated in gas service rates.

11. National Association of Fire Marshals

    This is a national organization consisting of state fire officials 
who have expertise on the issue of qualification for emergency 
response.

12. International Union of Operating Engineers (IUOE)

    This labor organization represents the interests of many pipeline 
workers. IUOE represents 21,000 gas industry workers.

13. International Brotherhood of Electrical Workers (IBEW)

    This labor organization represents a substantial number of pipeline 
construction and maintenance workers.

14. Office of Pipeline Safety (OPS)

    OPS will serve as the representative of RSPA, representing the 
United States Government on the issue of operator personnel 
qualifications. The OPS representative will be the Designated Federal 
Official at the negotiations.
    RSPA coordinated with FMCS throughout the convening process to 
identify and approach an environmental organization to serve on the 
committee. Although many environmental groups were contacted, none were 
interested in participating in the negotiation. Government agencies 
that are environmentally focused also assisted by soliciting 
participation through their mailing lists or on their Internet page. 
Some of these groups said that the issue was too narrowly focused to 
generate their interest or said they did not know enough about the 
issue to participate.
    Environmental groups have had multiple opportunities to express 
their interest. RSPA solicited applications through the NOI and even 
named an environmental group as a likely participant. FMCS concluded 
that a good faith effort was made to include an environmental 
organization and, due to the lack of interest, suggested that the 
convening of the committee should proceed with the existing membership.

Conduct of Meeting

    The initial meeting will be held from 8:30 am to 5:00 pm over a 
two-day period, and may conclude early on the second day depending on 
the progress of the Committee. Although these meetings will be open to 
the public, the amount of audience participation, if any, will be 
determined by the Committee.
    At the initial meeting of the Committee, considerable explanation 
and training in the Negotiated Rulemaking process will be provided by 
FMCS. The Committee will also need to address and reach consensus on 
many procedural issues, such as the meeting(s) agenda, ground rules for 
members to follow when addressing the Committee, the procedure for 
keeping a record or ``minutes'' of the meeting(s), and a schedule for 
distribution of minutes for correction and concurrence prior to placing 
them in the public docket. Most importantly, the committee will need to 
agree on a timeline for the negotiation and a schedule of committee 
meetings.
    RSPA believes that the negotiated rulemaking process will provide 
ample opportunity for all affected parties to present their views and 
to reach a consensus on a pipeline personnel qualifications rule.


[[Page 7987]]


    Issued in Washington, D.C., on February 14, 1997.
Richard B. Felder,
Associate Administrator for Pipeline Safety.
[FR Doc. 97-4275 Filed 2-20-97; 8:45 am]
BILLING CODE 4910-06-P