Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Notices 13387 

(1952). Stated otherwise, a highway use 

tax need not necessarily be dedicated to 

highway purposes. As a result, the 

DOF’s failure to demonstrate a 

connection between the CMV Tax and 

highway funding is not dispositive. 

FMCSA concludes, therefore, that 

New York City’s CMV Tax is a highway 

use tax within the meaning of 49 U.S.C. 

14506(b)(2). 

In consideration of the above, FMCSA 

grants the DOF’s petition for 

reconsideration and reverses its 

decision preempting New York City’s 

credential display requirement. Today’s 

decision is limited to the new 

arguments the DOF raised in its petition 

for reconsideration claiming exception 

from preemption under § 14506(b)(2). 

Under this analysis, New York City’s 

credential display requirement in § 11– 

809 is not preempted and New York 

City may resume enforcement. 

This decision does not affect the 

Agency’s previous determination 

preempting the credential display 

requirements in New Jersey and Cook 

County, Illinois. 

Issued on: February 29, 2012. 

Anne S. Ferro, 

Administrator, Federal Motor Carrier Safety 

Administration. 

[FR Doc. 2012–5319 Filed 3–5–12; 8:45 am] 

BILLING CODE; P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2012–0044] 

Pipeline Safety: Notice to Operators of 

Driscopipe® 8000 High Density 

Polyethylene Pipe of the Potential for 

Material Degradation 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice; Issuance of Advisory 

Bulletin. 

SUMMARY: PHMSA is issuing this 

advisory bulletin to alert operators using 

Driscopipe® 8000 High Density 

Polyethylene Pipe (Drisco8000) of the 

potential for material degradation. 

Degradation has been identified on pipe 

between one-half inch to two inches in 

diameter that was installed between 

1978 and 1999 in desert-like 

environments in the southwestern 

United States. However, since root 

causes of the degradation have not been 

determined, PHMSA cannot say with 

certainty that this issue is isolated to 

these regions, operating environments, 

pipe sizes, or pipe installation dates. 

While the manufacturer has attempted 

to communicate with known or 

suspected users, PHMSA and the 

National Association of Pipeline Safety 

Representatives (NAPSR) have 

identified several operators currently 

using Drisco8000 pipe who had not 

received communications about the 

issue. PHMSA is issuing this advisory 

bulletin to all operators of Drisco8000 

pipe in an effort to ensure they are 

aware of the issue, communicating with 

the manufacturer and their respective 

regulatory authorities to determine if 

their systems are susceptible to similar 

degradation, and taking measures to 

address it. 

ADDRESSES: This document can be 

viewed on the PHMSA home page at: 

http://www.phmsa.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Max 

Kieba by phone at 202–493–0595 or by 

email at max.kieba@dot.gov. Pipeline 

operators with potentially affected pipe 

or anyone with questions specific to 

actions in a certain state or region are 

encouraged to communicate with the 

appropriate pipeline safety authority 

directly. Operators of pipelines subject 

to regulation by PHMSA should contact 

the appropriate PHMSA Regional Office. 

A list of the PHMSA Regional Offices 

and their contact information is 

available at: http://www.phmsa.dot.gov/ 

pipeline/about/org. Pipeline operators 

subject to regulation by a state should 

contact the appropriate state pipeline 

safety authority. A list of state pipeline 

safety authorities and their contact is 

provided at: http://www.napsr.org/ 

managers/ 

napsr_state_program_managers2.htm. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Two operators of natural gas pipeline 

systems have identified locations of 

material degradation on Drisco8000 

pipe in Arizona and Nevada. The 

manufacturer of the pipe, Performance 

Pipe, a division of Chevron Phillips 

Chemical Company LP, confirmed that 

the pipe was degraded. 

In 1999, a one-inch Copper Tube Size 

(CTS) Drisco8000 pipe service line in 

Arizona experienced a gas leak and was 

found to be degraded. The operator of 

this pipeline found areas of 

delaminating and surface cracking on 

Drisco8000 pipe ranging from one-half 

inch CTS to two inches Iron Pipe Size 

pipe at various locations in Arizona 

beginning in 2004. To better track the 

instances of the phenomenon, the 

operator implemented a procedure for 

reporting, defining the degradation area, 

and conducting leak surveys on the 

affected pipe. Chemical contamination 

was considered a potential source for 

degradation, but after extensive testing 

by the manufacturer and various outside 

laboratories, no indications of chemical 

source could be verified as a root cause. 

In 2007, the operator experienced a 

gas ignition incident on a one-inch CTS 

Drisco8000 service line in Arizona. Due 

to the slit crack nature of the pipe 

failure, the investigation of this incident 

included checking for the possibility of 

nylon contamination in the pipe 

material. Nylon contamination was 

ruled out, but degradation of the 

internal pipe wall was noted. An 

additional incident occurred elsewhere 

in Arizona in 2007. As a result of these 

incidents, the operator implemented a 

replacement program and follow-up 

leak survey program. The operator 

continues its investigation and is 

working cooperatively with the 

manufacturer and regulators to 

determine the root causes and necessary 

mitigative actions. 

A second operator found two cases of 

degraded Drisco8000 pipe in Arizona in 

2006 and reported them to the Arizona 

Corporation Commission Office of 

Pipeline Safety. This operator is now 

looking at other areas of their service 

territory for potential degraded pipe 

issues. 

The affected pipes in the cases 

reported thus far have diameters from 

one-half inch to two inches and have 

installation dates that range from 1978 

to 1999. All reported cases have been on 

systems operating at or below 60 psig in 

desert regions in the southwestern 

United States. In those cases where 

print line codes are present on the pipe, 

the codes identify the pipe as being 

manufactured at a Watsonville, 

California, pipe plant which closed in 

2000. The manufacturer has indicated 

they do not have any evidence that the 

condition developed as a result of the 

manufacturing process. 

According to the manufacturer, the 

degraded pipe is fairly easy to identify 

when the pipe is exposed. Affected pipe 

displays delaminating or peeling of the 

outer diameter or a friable or crumbling 

appearance on the inner diameter 

surfaces of the pipe. In addition, an 

audible cracking sound or noise may be 

detected when flexing, cutting, or 

squeezing the pipe. 

Once installed and in service, 

degraded pipe is not easy to identify. 

The manufacturer is not aware of a 

current testing protocol that consistently 

identifies the affected material while it 

is in service. Existing leak survey 

technologies have proven to be the most 

effective tool in locating and identifying 

degraded pipe. 


pmangrum on DSK3VPTVN1PROD with NOTICES
13388 Federal Register / Vol. 77, No. 44 / Tuesday, March 6, 2012 / Notices 

The areas of degradation are not 

always consistent in their 

characteristics. The degradation may not 

occur along the complete pipe length, 

but rather may start and stop within a 

relatively short section of pipe and then 

reoccur in another area further down the 

segment. In addition, the operator and 

manufacturer have observed instances 

of degradation on only one side of the 

pipe with the other side having no 

indication of degradation. 

The root cause of the degradation has 

not been determined. All reported cases 

have occurred in the southwestern 

United States where average ambient 

temperatures are very high, but this may 

or may not be a contributing factor. The 

manufacturer does not have evidence 

that the degraded pipe condition 

developed from or as a result of the 

manufacturing process. The 

manufacturer does not believe the issue 

to be associated with a particular resin 

lot. While a review of records has 

identified some changes in the resin 

formulation during the time period, the 

manufacturer does not believe that these 

changes contributed to the issue. The 

reporting operators have not identified 

any other construction or installation 

practices or conditions that are common 

to the known occurrences of degraded 

pipe. 

PHMSA has asked the manufacturer 

to describe the problem and its extent 

and has requested information related to 

manufacturing, construction practices, 

and testing recommendations. Those 

questions and responses, along with 

pictures of degraded pipe, are available 

on the docket associated with this 

advisory. 

The manufacturer is communicating 

with known customers, regulators, and 

industry groups as new information 

becomes available and the operators 

with known cases of degraded pipe 

continue to communicate with the 

appropriate regulatory authorities. 

II. Advisory Bulletin (ADB–2012–03) 

To: Operators using Driscopipe® 8000 

High Density Polyethylene Pipe. 

Subject: Potential for Material 

Degradation of Driscopipe® 8000. 

Advisory: PHMSA advises all 

operators using Driscopipe® 8000 of the 

potential for material degradation. 

PHMSA encourages operators to 

communicate and work with the 

manufacturer and their respective 

regulatory authorities to consider and 

implement any actions that are needed 

to address the issue as it relates to their 

systems. 

Operators using Drisco8000 pipe who 

have not already received 

communications from the manufacturer 

are encouraged to contact the 

manufacturer so they can receive future 

updates and determine whether their 

systems are susceptible to degradation. 

For additional information, contact 

Karen S. Lively, P.E, Technical 

Manager, Performance Pipe, a division 

of Chevron Phillips Chemical Company 

LP, by phone at 972–599–7413 or email 

at livelks@cpchem.com. Operators using 

Drisco8000 pipe are encouraged to 

inform the relevant regulatory authority 

and work together to determine what, if 

any, actions are needed to monitor and 

address the issue within their systems. 

Due to the uncertainty of the root 

cause of the material degradation, 

PHMSA cannot provide specific 

guidance on how best to address the 

issue. However, PHMSA urges all 

operators using Drisco8000 pipe to 

consider the use of accelerated and 

more frequent leak surveys in those 

areas where degraded pipe is known or 

suspected to exist. 

All operators using Drisco8000 pipe 

are encouraged to work with all 

stakeholders to determine how to 

address discovery and repair within 

their systems, taking the most 

conservative approach and keeping 

pipeline integrity and public safety a 

priority. 

Authority: 49 U.S.C. chapter 601 and 49 

CFR 1.53. 

Issued in Washington, DC on February 29, 

2012. 

Jeffrey D. Wiese, 

Associate Administrator for Pipeline Safety. 

[FR Doc. 2012–5424 Filed 3–5–12; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF THE TREASURY 

Treasury Inspector General for Tax 

Administration; Privacy Act of 1974: 

Computer Matching Program 

AGENCY: Treasury Inspector General for 

Tax Administration, Treasury. 

ACTION: Notice. 

SUMMARY: Pursuant to 5 U.S.C. 552a, the 

Privacy Act of 1974, as amended, notice 

is hereby given of the agreement 

between the Treasury Inspector General 

for Tax Administration (TIGTA) and the 

Internal Revenue Service (IRS) 

concerning the conduct of TIGTA’s 

computer matching program. 

DATES: Effective Date: April 5, 2012. 

ADDRESSES: Comments or inquiries may 

be mailed to the Treasury Inspector 

General for Tax Administration, Attn: 

Office of Chief Counsel, 1401 H St. NW., 

Suite 469, Washington, DC 20005, or via 

electronic mail to 

Counsel.Office@tigta.treas.gov. 

FOR FURTHER INFORMATION CONTACT: 

Office of Chief Counsel, Treasury 

Inspector General for Tax 

Administration, (202) 622–4068. 

SUPPLEMENTARY INFORMATION: TIGTA’s 

computer matching program assists in 

the detection and deterrence of fraud, 

waste, and abuse in the programs and 

operations of the IRS and related 

entities as well as protects against 

attempts to corrupt or interfere with tax 

administration. TIGTA’s computer 

matching program is also designed to 

proactively detect and to deter criminal 

and administrative misconduct by IRS 

employees. Computer matching is the 

most feasible method of performing 

comprehensive analysis of data. 

NAME OF SOURCE AGENCY: 

Internal Revenue Service. 

NAME OF RECIPIENT AGENCY: 

Treasury Inspector General for Tax 

Administration. 

BEGINNING AND COMPLETION DATES: 

This program of computer matches is 

expected to commence on March 11, 

2012, but not earlier than the fortieth 

day after copies of the Computer 

Matching Agreement are provided to the 

Congress and OMB unless comments 

dictate otherwise. The program of 

computer matches is expected to 

conclude on September 11, 2013. 

PURPOSE: 

This program is designed to deter and 

detect fraud, waste, and abuse in 

Internal Revenue Service programs and 

operations, to investigate criminal and 

administrative misconduct by IRS 

employees, and to protect against 

attempts to corrupt or threaten the IRS 

and/or its employees. 

Authority: The Inspector General Act of 

1978, 5 U.S.C. App. 3, and Treasury Order 

115–01. 

CATEGORIES OF INDIVIDUALS COVERED: 

Current and former employees of the 

Internal Revenue Service as well as 

individuals and entities about whom 

information is maintained in the 

systems of records listed below. 

CATEGORIES OF RECORDS COVERED: 

Included in this program of computer 

matches are records from the following 

Treasury or Internal Revenue Service 

systems. 

a. Treasury Payroll and Personnel 

System [Treasury/DO.001] 

b. Treasury Child Care Tuition 

Assistance Records [Treasury/DO.003] 


pmangrum on DSK3VPTVN1PROD with NOTICES