[Federal Register Volume 87, Number 113 (Monday, June 13, 2022)]
[Rules and Regulations]
[Pages 35675-35677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-12722]


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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.

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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

[[Page 35676]]

gathering pipelines.\2\ The Final Rule became effective on May 16, 
2022.
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    \1\ 86 FR 63266 (``Final Rule''). PHMSA subsequently published 
technical corrections of certain regulatory amendments in the Final 
Rule (specifically, Sec. Sec.  191.23 and 192.8) not relevant here. 
87 FR 26296 (May 4, 2022).
    \2\ See, 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).
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    But, in amending then-existing regulatory language pertaining to 
incident (Sec.  191.15) and annual (Sec.  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 Sec. Sec.  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\
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    \3\ The referenced forms are available on PHMSA's website at 
https://www.phmsa.dot.gov/forms/operator-reports-submitted-phmsa-forms-and-instructions.
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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 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). 
The corrections at Sec. Sec.  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.
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    \4\ 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.
    \5\ Small 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.
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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

[[Page 35677]]

compliance costs, PHMSA understands the analysis in that UMRA 
discussion for the Final Rule remains unchanged.
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    \7\ Doc. No. PHMSA-2011-0023-0488, at 35.
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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.
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    \8\ Final Environmental Assessment, Doc. No. PHMSA-2011-0023-
0485.
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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\
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    \9\ 64 FR 43255 (Aug. 10, 1999).
    \10\ 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'') \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.
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    \11\ 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'') \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.
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    \12\ 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''),\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.
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    \13\ 77 FR 26413 (May 4, 2012).
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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 cross-reference 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

0
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.


0
2. In Sec.  191.15, revise paragraph (a)(1) to read as follows:


Sec.  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 Sec.  191.5.
* * * * *

0
3. In Sec.  191.17, revise paragraph (a)(1) to read as follows:


Sec.  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