Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Rules and Regulations 35675 

1 86 FR 63266 (‘‘Final Rule’’). PHMSA 

subsequently published technical corrections of 

certain regulatory amendments in the Final Rule 

(specifically, §§ 191.23 and 192.8) not relevant here. 

87 FR 26296 (May 4, 2022). 

reduce or mitigate the effects of fatigue, 

based on the most current scientific and 

medical research and literature. 

(d) Evaluation. A railroad shall 

develop and implement procedures and 

processes for monitoring and evaluating 

its FRMP to assess whether the FRMP 

effectively meets the goals its FRMP 

plan describes under § 271.609(b). 

(1) The evaluation shall include, at a 

minimum: 

(i) Periodic monitoring of the 

railroad’s operational environment to 

detect changes that may generate new 

hazards; 

(ii) Analysis of the risks associated 

with any identified hazards; and 

(iii) Periodic safety assessments to 

determine the need for changes to its 

mitigation strategies. 

(2) A railroad shall evaluate newlyidentified hazards, and hazards 

associated with ineffective mitigation 

strategies, through processes for 

analyzing fatigue risks described in the 

railroad’s FRMP plan. 

(3) Any necessary changes not 

addressed prior to a railroad’s annual 

internal assessment must be included in 

the internal assessment improvement 

plans required under § 271.403. 

§ 271.609 Requirements for an FRMP plan. 

(a) In general. A railroad shall adopt 

and implement its FRMP through an 

FRA-approved FRMP plan, developed 

in consultation with directly affected 

employees as described under 

§ 271.207. A railroad FRMP plan must 

contain the elements described in this 

section. The railroad must submit the 

plan to FRA for approval under the 

criteria of subpart D. 

(b) Goals. An FRMP plan must 

contain a statement that defines the 

specific fatigue-related goals of the 

FRMP and describes strategies for 

reaching those goals. 

(c) Methods—(1) Analysis of fatigue 

risk. An FRMP plan shall describe a 

railroad’s method(s) for conducting its 

fatigue-risk analysis as part of its FRMP. 

The description shall specify: 

(i) The scope of the analysis, which is 

the covered population of safety-related 

railroad employees; 

(ii) The processes a railroad will use 

to identify fatigue-related railroad safety 

hazards on its system and determine the 

degree of risk associated with each 

fatigue-related hazard identified; 

(iii) The processes a railroad will use 

to compare and prioritize identified 

fatigue-related risks for mitigation 

purposes; and 

(iv) The information sources a 

railroad will use to support ongoing 

identification of fatigue-related railroad 

safety hazards and determine the degree 

of risk associated with those hazards. 

(2) Mitigation strategies. An FRMP 

plan shall describe a railroad’s 

processes for: 

(i) Identifying and selecting fatigue 

risk mitigation strategies; and 

(ii) Monitoring identified fatiguerelated railroad safety hazards. 

(3) Evaluation. An FRMP plan shall 

describe: 

(i) A railroad’s processes for 

monitoring and evaluating the overall 

effectiveness of its FRMP and the 

effectiveness of fatigue-related 

mitigation strategies the railroad uses 

under § 271.607; and 

(ii) A railroad’s procedures for 

reviewing the FRMP as part of the 

annual assessment of its RRP under 

§ 271.401 and for updating the FRMP 

plan under the process for amending its 

RRP plan under § 271.303. 

(d) FRMP implementation plan. A 

railroad shall describe in its FRMP plan 

how it will implement its FRMP. This 

description must cover an 

implementation period not to exceed 36 

months, and shall include: 

(1) A description of the roles and 

responsibilities of each position or job 

function with significant responsibility 

for implementing the FRMP, including 

those held by employees, contractors 

who provide significant FRMP-related 

services, and other entities or persons 

that provide significant FRMP services; 

(2) A timeline describing when 

certain milestones that must be met to 

implement the FRMP fully will be 

achieved. Implementation milestones 

shall be specific and measurable; 

(3) A description of how the railroad 

may make significant changes to the 

FRMP plan under the process for 

amending its RRP plan in § 271.303; and 

(4) The procedures for consultation 

with directly affected employees on any 

subsequent substantive amendments to 

the railroad’s FRMP plan. The 

requirements of this section do not 

apply to non-substantive amendments 

(e.g., amendments that update names 

and addresses of railroad personnel). 

Issued in Washington, DC. 

Amitabha Bose, 

Administrator. 

[FR Doc. 2022–12614 Filed 6–10–22; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Part 191 

[Docket No. PHMSA–2011–0023; Amdt. No. 

191–32] 

RIN 2137–AF38 

Pipeline Safety: Safety of Gas 

Gathering Pipelines: Extension of 

Reporting Requirements, Regulation of 

Large, High-Pressure Lines, and Other 

Related Amendments: Technical 

Corrections 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of Transportation 

(DOT). 

ACTION: Final rule; technical corrections. 

SUMMARY: PHMSA is issuing corrections 

of certain changes to incident and 

annual reporting requirements for 

offshore gathering pipelines in its 

November 15, 2021, final rule titled 

‘‘Safety of Gas Gathering Pipelines: 

Extension of Reporting Requirements, 

Regulation of Large, High-Pressure 

Lines, and Other Related Amendments.’’ 

DATES: These corrections are June 13, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Technical questions: Steve Nanney, 

Senior Technical Advisor, by telephone 

at 713–272–2855. 

General information: Sayler Palabrica, 

Transportation Specialist, by telephone 

at 202–366–0559. 

SUPPLEMENTARY INFORMATION: 

I. Corrections 

On November 15, 2021, PHMSA 

published a final rule titled ‘‘Safety of 

Gas Gathering Pipelines: Extension of 

Reporting Requirements, Regulation of 

Large, High-Pressure Lines, and Other 

Related Amendments’’ 1 (Final Rule) 

amending the Federal pipeline safety 

regulations (49 CFR parts 190–199) to 

introduce, among other things, incident 

and annual reporting requirements for 

previously unregulated Types C and R 

onshore gas gathering pipelines. The 

preamble to the Final Rule explicitly 

disclaimed amendment of then-existing 

part 191 reporting and part 192 safety 

requirements pertaining to offshore gas 


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35676 Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Rules and Regulations 

2See, e.g., 86 FR at 63266 (‘‘The rule does not 

affect offshore gas gathering pipelines.’’) and 63268 

(‘‘The final rule addresses reporting and safety 

requirements for onshore gas gathering lines; 

offshore gas gathering lines are beyond the scope 

of this rulemaking’’.) (emphasis added). 

3The referenced forms are available on PHMSA’s 

website at https://www.phmsa.dot.gov/forms/ 

operator-reports-submitted-phmsa-forms-andinstructions. 

4This 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. 

5Small Business Administration, ‘‘A Guide for 

Government Agencies: How to Comply with the 

Regulatory Flexibility Act’’ 55 (2017). 

6 Doc. No. PHMSA–2011–0023–0488, at 34–35. 

7 Doc. No. PHMSA–2011–0023–0488, at 35. 

gathering pipelines.2 The Final Rule 

became effective on May 16, 2022. 

But, in amending then-existing 

regulatory language pertaining to 

incident (§ 191.15) and annual 

(§ 191.17) reporting requirements to 

provide that regulated onshore gas 

gathering pipelines must submit annual 

and incident reports, PHMSA 

inadvertently omitted language 

requiring offshore gas gathering 

pipelines to continue to submit the 

same consistent with longstanding 

requirements. PHMSA is now issuing 

corrections amending §§ 191.15(a)(1) 

and 191.17(a)(1) consistent with 

statements in the preamble to the Final 

Rule. PHMSA has reviewed the current 

versions of each of DOT Forms PHMSA 

F 7100.2 (incident reporting), and 

PHMSA F 7100.2–1 (annual reporting), 

and their respective instructions, and 

confirmed that each form continues to 

reference offshore gathering lines and 

therefore no conforming revisions to 

those forms will be necessary following 

codification of the corrections in this 

notice.3

II. Regulatory Analyses and Notices 

A. Statutory/Legal Authority 

Statutory authority for this notice’s 

corrections to the Final Rule, as with the 

Final Rule itself (whose discussion of 

statutory authority at Section IV.A., 86 

FR at 63290, is adopted 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 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 corrections 

re-codifying regulatory language 

inadvertently deleted by the Final Rule, 

consistent with statements in the 

preamble to the Final Rule; they make 

no substantive changes to the Final Rule 

but merely facilitate its implementation 

by aligning the regulatory text and 

explanatory material in the Final Rule’s 

preamble. Because the Final Rule is the 

product of an extensive administrative 

record with numerous opportunities 

(including through written comments 

and the advisory committee) for public 

comment, PHMSA finds that additional 

comment on the corrections herein is 

unnecessary. 

The immediate effective date of the 

corrections contained in this notice is 

authorized under Section 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 thirtyday 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). The 

corrections at §§ 191.15(a)(1) and 

191.17(a)(1) restore annual and incident 

reporting requirements for offshore gas 

gathering pipelines consistent with 

explicit statements in the Final Rule 

preamble. Moreover, PHMSA finds that 

good cause under Section 553(d)(3) 

supports making the revisions effective 

upon publication in the Federal 

Register because the corrections 

contained in this notice are entirely 

consistent with the Final Rule and 

ensure timely submission of incident 

and annual reports by offshore gas 

gathering pipeline operators. 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This notice has been evaluated in 

accordance with existing policies and 

procedures and is considered not 

significant under Executive Order 12866 

(‘‘Regulatory Planning and Review’’) 

and DOT Order 2100.6A (‘‘Rulemaking 

and Guidance Procedures’’); therefore, 

this notice has not been reviewed by the 

Office of Management and Budget 

(OMB) under Executive Order 12866. 

PHMSA finds that the corrections 

herein (in all respects consistent with 

the Final Rule) impose no incremental 

compliance costs nor adversely affect 

safety, as they merely re-codify certain 

reporting requirements inadvertently 

deleted by the Final Rule and thereby 

ensure timely submission of incident 

and annual reports by offshore gas 

gathering pipeline operators. 

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).4 The 

Small Business Administration’s 

implementing guidance explains that 

‘‘[i]f an NPRM is not required, the RFA 

does not apply.’’ 5 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; 6 because the corrections 

herein will impose no new incremental 

compliance costs, PHMSA understands 

the analysis in that FRFA remains 

unchanged. 

D. Paperwork Reduction Act 

The corrections in this notice impose 

no new or revised information 

collection requirements beyond those 

discussed in the Final Rule. As 

explained above, the preamble to the 

Final Rule explicitly disclaimed 

amendment of part 191 reporting 

requirements for offshore gas gathering 

pipelines; the corrections herein are 

consistent with those statements and 

will require no change to current DOT 

Form PHMSA F 7100.2 (incident 

reporting), DOT Form PHMSA F 

7100.2–1 (annual reporting), and their 

respective instructions. 

E. Unfunded Mandates Reform Act of 

1995 

PHMSA analyzed the corrections in 

this notice 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 on state, local, or 

Tribal governments or on the private 

sector of $100 million or more, adjusted 

for inflation, in any one year. 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.7 Because the corrections 

herein will impose no new incremental 


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Federal Register / Vol. 87, No. 113 / Monday, June 13, 2022 / Rules and Regulations 35677 

8Final Environmental Assessment, Doc. No. 

PHMSA–2011–0023–0485. 

9 64 FR 43255 (Aug. 10, 1999). 

10Moreover, PHMSA determined that the Final 

Rule did not impose substantial direct compliance 

costs on State and local governments. 

11 66 FR 28355 (May 22, 2001). 

12 65 FR 67249 (Nov. 6, 2000). 

13 77 FR 26413 (May 4, 2012). 

compliance costs, PHMSA understands 

the analysis in that UMRA discussion 

for the Final Rule remains unchanged. 

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 1500–1508), 

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.8 The corrections 

to the Final Rule in this notice have no 

effect on PHMSA’s earlier NEPA 

analysis as they are consistent, and 

merely facilitate compliance, with the 

Final Rule. 

G. Privacy Act Statement 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to inform its rulemaking process. 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 notice in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’).9 The corrections 

herein are consistent, and merely 

facilitate timely compliance with, the 

Final Rule, and do not have any 

substantial direct effect on the states, 

the relationship between the National 

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 

notice does not contain any provision 

that imposes any substantial direct 

compliance costs on state and local 

governments, nor any new provision 

that preempts state law. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not 

apply.10

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’’) 11 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. 

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’’) 12

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. 

K. Executive Order 13609 and 

International Trade Analysis 

Under Executive Order 13609 

(‘‘Promoting International Regulatory 

Cooperation’’),13 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 notice do not impact 

international trade. 

L. Regulation Identifier Number (RIN) 

A regulation identifier number (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 crossreference this action with the Unified 

Agenda. 

List of Subjects in 49 CFR Part 191 

MAOP exceedance, Pipeline reporting 

requirements. 

In consideration of the foregoing, 

PHMSA amends 49 CFR part 191 as 

follows: 

PART 191—TRANSPORTATION OF 

NATURAL AND OTHER GAS BY 

PIPELINE; ANNUAL, INCIDENT, AND 

OTHER REPORTING 

■ 1. The authority citation for part 191 

continues to read as follows: 

Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 

5121, 60101 et seq., and 49 CFR 1.97. 

■ 2. In § 191.15, revise paragraph (a)(1) 

to read as follows: 

§ 191.15 Transmission systems; gathering 

systems; liquefied natural gas facilities; and 

underground natural gas storage facilities: 

Incident report. 

(a) * * * 

(1) Transmission, offshore gathering, 

or regulated onshore gathering. Each 

operator of a transmission, offshore 

gathering, or a regulated onshore 

gathering pipeline system must submit 

Department of Transportation (DOT) 

Form PHMSA F 7100.2 as soon as 

practicable but not more than 30 days 

after detection of an incident required to 

be reported under § 191.5. 

* * * * * 

■ 3. In § 191.17, revise paragraph (a)(1) 

to read as follows: 

§ 191.17 Transmission systems; gathering 

systems; liquefied natural gas facilities; and 

underground natural gas storage facilities: 

Annual report. 

(a) * * * 

(1) Transmission, offshore gathering, 

or regulated onshore gathering. Each 

operator of a transmission, offshore 

gathering, or regulated onshore 

gathering pipeline system must submit 

an annual report for that system on DOT 

Form PHMSA F 7100.2–1. This report 

must be submitted each year, not later 

than March 15, for the preceding 

calendar year. 

* * * * * 

Issued in Washington, DC, on June 8, 2022, 

under authority delegated in 49 CFR 1.97. 

Tristan H. Brown, 

Deputy Administrator. 

[FR Doc. 2022–12722 Filed 6–10–22; 8:45 am] 

BILLING CODE 4910–60–P 


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