Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 5939 

1PHMSA expects this eligibility limitation will 

ensure adequate protection for areas (specifically, 

HCAs) that the PSR recognize as being particularly 

vulnerable to the public safety and the 

environmental risks from natural gas or HL pipeline 

facilities in the vicinity. 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2022–0004] 

Pipeline Safety: Pipeline Safety 

Enhancement Programs 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), DOT. 

ACTION: Notice. 

SUMMARY: This notice outlines how 

PHMSA will review and process 

Pipeline Safety Enhancement Program 

(PSEP) requests from pipeline owners 

and operators (PSEP applicants or 

applicants) to implement safetyenhancing testing programs for 

innovative technologies and operational 

practices on natural gas and hazardous 

liquid (HL) pipeline facilities. PHMSA 

will review each PSEP application and 

provide regulatory oversight of each 

approved PSEP, in accordance with the 

Protecting our Infrastructure of 

Pipelines and Enhancing Safety Act of 

2020 (PIPES Act of 2020), to ensure the 

safety measures in each achieve a level 

of safety greater than the level of safety 

provided by the federal pipeline safety 

regulations (PSR). 

FOR FURTHER INFORMATION CONTACT: 

General: Ms. Kay McIver by telephone 

at 202–366–0113, or by email at 

kay.mciver@dot.gov. 

Technical: Mr. Steve Nanney by 

telephone at 713–272–2855, or by email 

at steve.nanney@dot.gov. 

SUPPLEMENTARY INFORMATION: Section 

104 of the PIPES Act of 2020 (Pub. L. 

116–260 (Division R)) incorporated 

within the federal pipeline safety laws 

(49 U.S.C. 60101 et seq.) at section 

60142, authorizes the establishment of 

PSEPs to evaluate innovative 

technologies and operational practices 

providing more robust protection of 

public safety and the environment than 

the existing PSR governing natural gas 

and HL pipeline facilities. PHMSA’s 

review of PSEP applications, and its 

subsequent regulatory oversight of 

approved PSEPs, will build on 

PHMSA’s longstanding, proven special 

permit processes to ensure robust 

stakeholder engagement and careful 

consideration of public safety concerns, 

potential environmental impacts, and 

state interests. PHMSA may 

subsequently undertake rulemakings to 

revise the PSR to accommodate 

promising technological and operational 

practices evaluated in PSEPs. 

Pipeline owners and operators 

(collectively, operators) may only apply 

for a PSEP through December 21, 2023. 

A PSEP shall not exceed a duration of 

three (3) years after the approval date. 

Only natural gas pipeline facilities 

regulated under 49 CFR part 192 and HL 

pipeline facilities regulated under 49 

CFR part 195 are eligible for PSEPs. 

Congress has not granted PHMSA 

authority to renew PSEPs following that 

initial, three-year period. PHMSA will 

review PSEP applications and waive 

compliance with one or more of the 

provisions of the PSR while imposing 

compliance conditions that will be set 

out in an order approving the PSEP. 

PHMSA will, consistent with a statutory 

requirement in the PIPES Act of 2020, 

administer PSEPs to ensure they achieve 

a level of safety that is greater than the 

level of safety required by the PSR. 

Application Process 

PSEP applications must follow the 

following requirements: 

(1) Applications must be submitted to 

the PHMSA Associate Administrator for 

Pipeline Safety in accordance with 49 

CFR 190.341(b)(2). 

(2) Applications must contain 

information in accordance with 49 CFR 

190.341(c), as elaborated and 

supplemented below in Items 3 through 

11. 

(3) Applications must include a draft 

environmental assessment (DEA) in 

accordance with 49 CFR 190.341(c)(8). 

a. PHMSA will review each DEA to 

ensure it complies with the National 

Environmental Policy Act (NEPA), 42 

U.S.C. 4321 et seq., as implemented by 

the Council on Environmental Quality 

regulations at 40 CFR parts 1500–1508, 

U.S. Department of Transportation 

(DOT) Order No. 5610.1C, and any other 

pertinent regulations or policies 

implementing NEPA, as applicable. 

b. PHMSA will analyze the PSEP 

application to determine whether the 

proposed action could have a significant 

impact on the human environment. 

PHMSA will analyze applications for 

potential risks to public safety and 

impacts to the environment that could 

result from PHMSA’s decision to grant, 

grant with additional conditions, or 

deny the application. 

c. The DEA that the applicant 

provides must provide an analysis, 

consistent with principles set forth in 

DOT Order 5610.2C, of whether the 

proposed action will have 

disproportionately high and adverse 

human health or environmental effects 

on minority and low-income 

populations. Such analysis must 

include demographic information about 

the community within a half-mile 

vicinity on each side of the pipeline and 

past the pipeline endpoints of the 

relevant site(s). The applicant must use 

the U.S. Environmental Protection 

Agency Environmental Justice mapping 

and screening tool called EJSCREEN for 

its environmental justice analysis. 

d. As part of its review of an 

application, PHMSA will evaluate 

whether the application, if granted, will 

impact the likelihood or consequence of 

a pipeline failure as compared to the 

operation of the pipeline in full 

compliance with the PSR. 

e. PHMSA will provide, on request, 

an example environmental assessment, 

a template, and the environmental 

justice information requirements for 

applicants to use in generating and 

submitting a DEA. 

(4) Applications must include a map 

of the pipeline segment affected by the 

testing program at a 1:24,000 scale 

showing the county and state roads and 

highways. PHMSA may request maps 

with additional information based upon 

the testing program. 

(5) Applications must identify each of 

(i) the applicant’s entire natural gas or 

HL pipeline system (as appropriate) 

including the mileage of pipeline 

facilities that are regulated under either 

49 CFR part 192 (gas pipeline) or part 

195 (HL pipeline); and (ii) the mileage 

of pipeline, and resulting percentage of 

the applicant’s natural gas or HL 

pipeline system, that would be subject 

to the PSEP application. 

(6) Applications must not include 

pipeline segments that are located in, or 

which could affect, 1 high consequence 

areas (HCAs) as defined in 49 CFR 

192.903 for gas pipelines, or HCAs, 

including unusually sensitive areas 

(USAs), as defined in 49 CFR 195.450 

and 195.6, respectively, for HL 

pipelines. Pipeline facilities located in, 

or which could affect, HCAs and USAs 

are prohibited from PSEPs. 

(7) Applications must identify safety 

measures for the PSEP that are designed 

to achieve a level of safety that is greater 

than the level of safety required by 

either 49 CFR part 192 or 49 CFR part 

195, as applicable. Applications must 

also identify the specific provisions of 

the PSR for which a waiver is sought. 

(8) Applications must include the 

accident and incident record of the 

operator for the past 10 years. 

(9) Applications must describe each 

operator’s safety management system 

(SMS) for all its 49 CFR part 192 and 49 

CFR part 195 regulated pipelines and 

identify the SMS procedures that would 


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5940 Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 

be applicable to the PSEP, to include 

any processes and procedures that 

provide a framework to disclose and 

manage risk, promote a learning 

environment, and continuously improve 

pipeline safety and integrity. 

(10) Applications must describe the 

safety technology or operational practice 

that the applicant is proposing, 

including any research and 

development program that the 

technology or operational practice 

underwent. 

Public Notice 

Prior to PHMSA approving each PSEP 

application, PHMSA will publish a 

notice in the Federal Register and 

solicit comments on the PSEP 

application. PHMSA will assign a 

docket number in the Federal Docket 

Management System (FDMS) located at 

www.Regulations.gov for each PSEP 

application, the docket will include the 

Federal Register notice alerting the 

public of the application and will 

include all other pertinent documents 

for public review, including public 

comments. 

The comment period will be for a 

minimum of 90 days for each PSEP 

application. Comments received after 

the closing date will be evaluated if it 

is possible to do so without incurring 

additional expense or delay. 

Limitations in Mileage and Prohibited 

Areas 

Per 49 U.S.C. 60142, all PSEPs 

approved by PHMSA may not, in the 

aggregate, apply to more than 5 percent 

of the total miles of either natural gas or 

HL pipelines in the United States that 

are regulated by PHMSA or a state 

authority under 49 U.S.C. 60105 or 

60106. Furthermore, the aggregate 

mileage of each of an operator’s natural 

gas or HL pipeline miles in PSEPs must 

be limited to the lesser of either (1) 

1,000 miles; or (2) 38 percent of the total 

miles of natural gas or HL pipelines in 

the operator’s natural gas system or HL 

system that are regulated by PHMSA or 

a state authority under 49 U.S.C. 60105 

or 60106. Finally, PSEPs will not apply 

to pipeline segments located within, or 

which could affect, HCAs as defined in 

49 CFR 195.450 and 192.903, including 

USAs as defined in 49 CFR 195.6. 

Safety Standards and PHMSA Review 

Considerations 

Each PSEP must incorporate 

innovative safety technologies and 

operational practices improving the 

reliability, accuracy, durability, or 

certainty of pipeline safety technologies, 

techniques, or methods. Safety measures 

for a proposed PSEP must be designed 

to achieve, and will be evaluated by 

PHMSA to ensure, a level of safety that 

is greater than the level of safety 

required by either 49 CFR part 192 for 

natural gas pipelines or 49 CFR part 195 

for HL pipelines, as applicable. This 

standard exceeds the minimum level of 

safety that is required for issuance of a 

special permit, as described in 49 CFR 

190.341(d)(2). PHMSA will only waive 

safety regulations in either 49 CFR part 

192 or part 195 that would otherwise 

prevent the use of the safety technology 

or operational practice to be tested. 

In evaluating each PSEP application 

to ensure a level of safety greater than 

the level of safety required by either 49 

CFR part 192 for natural gas pipelines 

or 49 CFR part 195 for HL pipelines, 

PHMSA will consider information in 

the PSEP application as well as the 

following: 

(1) The applicant’s pipeline accident 

or incident record; 

(2) Whether the applicant has an SMS 

in place; and how the application 

proposes to eliminate or mitigate 

potential safety and environmental risks 

throughout the duration of the program; 

(3) Whether the proposed safety 

technology or operational practice has 

been adequately tested through a 

research and development program, 

collaborative research development 

organizations, or other institutions; and 

(4) Comments received in the docket 

for that PSEP application. 

PHMSA will publish its decision on 

whether to grant or deny the proposed 

PSEP application, in the docket for that 

application. PHMSA may, in granting a 

PSEP application, impose such 

conditions as PHMSA determines are 

appropriate. The effective date of a 

PSEP will not be made retroactive to a 

date preceding the publication date of 

PHMSA’s decision. 

Data and Findings 

Operators must submit to PHMSA 

detailed findings and an annual report 

with a summary of data collected as a 

result of participation in the PSEP. 

PHMSA will make the annual report for 

each ongoing testing program available 

to the public on PHMSA’s website (at 

www.phmsa.dot.gov/pipeline/specialpermits-state-waivers/special-permitsand-state-waivers-overview) and in the 

corresponding FDMS located at 

www.Regulations.gov. 

Authority To Revoke Participation 

Pursuant to the PIPES Act of 2020, 

PHMSA shall immediately revoke a 

PSEP if: 

(1) The operator has an accident or 

incident involving death or personal 

injury necessitating in-patient 

hospitalization and the testing program 

is determined to be the cause of, or a 

contributing factor to, that accident or 

incident. 

(2) The operator fails to comply with 

the terms and conditions of the testing 

program. 

(3) PHMSA determines that 

continuation of the PSEP by the 

operator would be unsafe or would not 

be consistent with the public safety and 

environmental protection goals and 

objectives of 49 CFR part 192 or part 

195, as applicable. 

Because the statute mandates PHMSA 

‘‘immediately’’ revoke a PSEP in the 

event of the above conditions, such 

revocations will not be subject to the 

‘‘show cause’’ process for special 

permits set forth in 49 CFR 

190.341(j)(2). PHMSA may, in the event 

of a violation of a PSEP’s terms and 

conditions, pursue enforcement action 

as contemplated by 49 CFR 190.341(m). 

States’ Rights 

Following publication in the Federal 

Register of a notice announcing a PSEP, 

PHMSA will send that notice directly to 

each state in which a pipeline segment 

within the proposed PSEP is located. 

Those states may submit comments in 

the pertinent docket, or request 

exemption from a proposed PSEP by 

sending the request to the PHMSA 

Associate Administrator for Pipeline 

Safety for any proposed PSEP either 

prior to, or within 30 days after, PHMSA 

grants a PSEP. If a state has not 

submitted an exemption request in the 

above defined interval, the state shall 

not enforce any law (including 

regulations) that is inconsistent with the 

PSEP order in effect in the state. 

PHMSA Reports to Congress 

PHMSA will submit a report to 

Congress at the conclusion of each PSEP 

and make those reports available to the 

public on PHMSA’s website at: 

www.phmsa.dot.gov/pipeline/specialpermits-state-waivers/special-permitsand-state-waivers-overview and in the 

FDMS located at www.Regulations.gov 

for each operator’s application in the 

assigned docket number. The report will 

contain: 

(1) The findings and conclusions 

determined by PHMSA with respect to 

the testing program; and 

(2) Any recommendations by PHMSA 

with respect to the testing program, 

including any recommendations for 

amendments to laws (including the 

PSR) and the establishment of 

standards, that: 

a. Would enhance the safe operation 

of interstate gas or HL pipeline facilities; 

and 


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Federal Register / Vol. 87, No. 22 / Wednesday, February 2, 2022 / Notices 5941 

b. Are technically, operationally, and 

economically feasible. 

Regulatory Updates 

If a report to Congress discussed 

above indicates that it is practicable to 

establish technically, operationally, and 

economically feasible standards for the 

use of a safety-enhancing technology 

and any corresponding operational 

practices implemented by the testing 

program described in the report, 

PHMSA may commence a rulemaking 

action to promulgate regulations that: 

(1) Allow operators of interstate gas or 

HL pipeline facilities to use the relevant 

technology or practice to the extent 

practicable; and 

(2) Establish technically, 

operationally, and economically feasible 

standards for the capability and 

deployment of the technology or 

practice. 

Confidential Business Information 

Confidential Business Information 

(CBI) is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA; 5 U.S.C. 552), CBI is exempt 

from public disclosure. If PSEP 

application information or data contains 

commercial or financial information 

that is customarily treated as private by 

the PSEP applicant, that the PSEP 

applicant actually treats as private, and 

that is relevant to the PSEP, it is 

important that the PSEP applicant 

clearly designates the submitted 

information or data as CBI. Pursuant to 

49 CFR 190.343, a PSEP applicant may 

ask PHMSA to give confidential 

treatment to information the PSEP 

applicant gives to the Agency by taking 

the following steps: (1) Mark each page 

of the original document submission 

containing CBI as ‘‘Confidential’’; (2) 

send PHMSA, along with the original 

document, a second copy of the original 

document with the CBI deleted; and (3) 

explain why the information you are 

submitting is CBI. Submissions 

containing CBI should be sent to Kay 

McIver, DOT, PHMSA–PHP–80, 1200 

New Jersey Avenue SE, Washington, DC 

20590–0001. Any information or data 

PHMSA receives that is not specifically 

designated as CBI will be placed in the 

public docket for the pertinent PSEP 

application. 

Paperwork Reduction Act Compliance 

PHMSA will be coordinating with the 

Office of Information and Regulatory 

Affairs within the Office of Management 

and Budget in compliance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Issued in Washington, DC, on January 28, 

2022, under authority delegated in 49 CFR 

1.97. 

Alan K. Mayberry, 

Associate Administrator for Pipeline Safety. 

[FR Doc. 2022–02159 Filed 2–1–22; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

Agency Information Collection 

Activities: Information Collection 

Renewal; Comment Request; 

Interagency Statement on Complex 

Structured Finance Transactions 

AGENCY: Office of the Comptroller of the 

Currency (OCC), Treasury. 

ACTION: Notice and request for comment. 

SUMMARY: The OCC, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on a continuing information 

collection as required by the Paperwork 

Reduction Act of 1995 (PRA). An agency 

may not conduct or sponsor, and 

respondents are not required to respond 

to, an information collection unless it 

displays a currently valid Office of 

Management and Budget (OMB) control 

number. The OCC is soliciting comment 

concerning the renewal of an 

information collection titled 

‘‘Interagency Statement on Complex 

Structured Finance Transactions.’’ 

DATES: Comments must be submitted on 

or before April 4, 2022. 

ADDRESSES: Commenters are encouraged 

to submit comments by email, if 

possible. You may submit comments by 

any of the following methods: 

• Email: prainfo@occ.treas.gov. 

• Mail: Chief Counsel’s Office, 

Attention: Comment Processing, Office 

of the Comptroller of the Currency, 

Attention: 1557–0229, 400 7th Street 

SW, Suite 3E–218, Washington, DC 

20219. 

• Hand Delivery/Courier: 400 7th 

Street SW, Suite 3E–218, Washington, 

DC 20219. 

• Fax: (571) 465–4326. 

Instructions: You must include 

‘‘OCC’’ as the agency name and ‘‘1557– 

0229’’ in your comment. In general, the 

OCC will publish comments on 

www.reginfo.gov without change, 

including any business or personal 

information provided, such as name and 

address information, email addresses, or 

phone numbers. Comments received, 

including attachments and other 

supporting materials, are part of the 

public record and subject to public 

disclosure. Do not include any 

information in your comment or 

supporting materials that you consider 

confidential or inappropriate for public 

disclosure. 

Following the close of this notice’s 

60-day comment period, the OCC will 

publish a second notice with a 30-day 

comment period. You may review 

comments and other related materials 

that pertain to this information 

collection beginning on the date of 

publication of the second notice for this 

collection by the method set forth in the 

next bullet. 

• Viewing Comments Electronically: 

Go to www.reginfo.gov. Hover over the 

‘‘Information Collection Review’’ tab 

and click on ‘‘Information Collection 

Review’’ drop-down menu. From the 

‘‘Currently under Review’’ drop-down 

menu, select ‘‘Department of Treasury’’ 

and then click ‘‘submit.’’ This 

information collection can be located by 

searching by OMB control number 

‘‘1557–0229’’ or ‘‘Interagency Statement 

on Complex Structured Finance 

Transactions.’’ Upon finding the 

appropriate information collection, click 

on the related ‘‘ICR Reference Number.’’ 

On the next screen, select ‘‘View 

Supporting Statement and Other 

Documents’’ and then click on the link 

to any comment listed at the bottom of 

the screen. 

• For assistance in navigating 

www.reginfo.gov, please contact the 

Regulatory Information Service Center 

at (202) 482–7340. 

FOR FURTHER INFORMATION CONTACT: 

Shaquita Merritt, OCC Clearance 

Officer, Chief Counsel’s Office, Office of 

the Comptroller of the Currency, 400 7th 

Street SW, Suite 3E–218, Washington, 

DC 20219. 

SUPPLEMENTARY INFORMATION: Under the 

PRA (44 U.S.C. 3501–3520), Federal 

agencies must obtain approval from the 

OMB for each collection of information 

they conduct or sponsor. ‘‘Collection of 

information’’ is defined in 44 U.S.C. 

3502(3) and 5 CFR 1320.3(c) to include 

agency requests or requirements that 

members of the public submit reports, 

keep records, or provide information to 

a third party. Section 3506(c)(2)(A) of 

title 44 requires Federal agencies to 

provide a 60-day notice in the Federal 

Register concerning each proposed 

collection of information, including 

each proposed extension of an existing 

collection of information, before 

submitting the collection to OMB for 

approval. To comply with this 

requirement, the OCC is publishing 

notice of the renewal of the collection 


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