Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31675 

E. Steps Taken to Minimize Significant 

Economic Impact on Small Entities, and 

Significant Alternatives Considered 

48. The RFA requires an agency to 

describe any significant alternatives that 

it has considered in reaching its 

proposed approach, which may include 

the following four alternatives (among 

others): (1) The establishment of 

differing compliance and reporting 

requirements or timetables that take into 

account the resources available to small 

entities; (2) the clarification, 

consolidation, or simplification of 

compliance or reporting requirements 

under the rule for small entities; (3) the 

use of performance, rather than design, 

standards; and (4) an exemption from 

coverage of the rule, or part thereof, for 

small entities. 

49. The Commission asks commenters 

to refresh the record on what further 

steps the Commission should take to 

improve the process of changing 

providers and provide any new ideas 

that reflect and build upon the new onebusiness day interval. The Commission 

also seeks comment on the benefits and 

burdens, especially the burdens on 

small entities, of adopting any new rules 

regarding the porting process. The 

Commission expects to consider the 

economic impact on small entities, as 

identified in comments filed in response 

to the FNPRM, in reaching its final 

conclusions and taking action in this 

proceeding. 

F. Federal Rules That May Duplicate, 

Overlap, or Conflict With the Proposed 

Rules 

50. None. 

Initial Paperwork Reduction Act of 

1995 Analysis 

This document does not contain 

proposed information collection(s) 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13. In 

addition, therefore, it does not contain 

any new or modified ‘‘information 

collection burden for small business 

concerns with fewer than 25 

employees,’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, see 44 U.S.C. 

3506(c)(4). 

Ordering Clauses 

It is ordered that pursuant to Sections 

1, 4(i), 4(j), 251, and 303(r) of the 

Communications Act of 1934, as 

amended, 47 U.S.C. 151, 154(i)–(j), 251, 

303(r), the Further Notice of Proposed 

Rulemaking in WC Docket No. 07–244 

and CC Docket No. 95–116 is adopted. 

It is further ordered that the 

Commission’s Consumer and 

Governmental Affairs Bureau, Reference 

Information Center, shall send a copy of 

this Report and Order and Further 

Notice of Proposed Rulemaking, 

including the Final Regulatory 

Flexibility Analysis and the Initial 

Regulatory Flexibility Analysis, to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–15131 Filed 7–1–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 191, 192, 193, and 195 

[Docket No. PHMSA–2008–0291] 

RIN 2137–AE33 

Pipeline Safety: Updates to Pipeline 

and Liquefied Natural Gas Reporting 

Requirements 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of Transportation 

(DOT). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This Notice of Proposed 

Rulemaking seeks to revise the Pipeline 

Safety Regulations to improve the 

reliability and utility of data collections 

from operators of natural gas pipelines, 

hazardous liquid pipelines, and 

liquefied natural gas (LNG) facilities. 

These revisions will enhance PHMSA’s 

ability to: understand, measure, and 

assess the performance of individual 

operators and industry as a whole; 

integrate pipeline safety data to allow a 

more thorough, rigorous, and 

comprehensive understanding and 

assessment of risk; and expand and 

simplify existing electronic reporting by 

operators. These revisions will improve 

both the data and the analyses PHMSA 

relies on to make critical, safety-related 

decisions, and will facilitate PHMSA’s 

allocation of inspection and other 

resources based on a more accurate 

accounting of risk. 

DATES: Submit comments by August 31, 

2009. 

ADDRESSES: Comments should reference 

Docket No. PHMSA–2008–0291 and 

may be submitted in the following ways: 

• E-Gov Web Site: http:// 

www.regulations.gov. This Web site 

allows the public to enter comments on 

any Federal Register notice issued by 

any agency. Follow the instructions for 

submitting comments. 

• Fax: 1–202–493–2251. 

• Mail: Docket Management System: 

U.S. Department of Transportation, 

Docket Operations, M–30, Room W12– 

140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590–0001. 

• Hand Delivery: DOT Docket 

Management System, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001 between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Instructions: If you submit your 

comments by mail, submit two copies. 

To receive confirmation that PHMSA 

received your comments, include a selfaddressed stamped postcard. 

Note: Comments are posted without 

changes or edits to http:// 

www.regulations.gov, including any personal 

information provided. There is a privacy 

statement published on http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Roger Little by telephone at (202) 366– 

4569 or by electronic mail at 

roger.little@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Objective 

PHMSA is seeking to improve the use 

of incident, infrastructure, and 

performance data in its approaches to 

improve pipeline safety. As part of 

PHMSA’s strategy to become a more 

risk-based and data-driven organization, 

PHMSA is proposing the following 

general data and data management 

improvements to the pipeline safety 

regulations: 

1. Modify the scope of part 191 

addressed in 49 CFR 191.1 to reflect the 

changes made in the scope of part 192 

to the definition of gas gathering lines. 

2. Change the definition of an 

‘‘incident’’ in 49 CFR 191.3 to require an 

operator to report an explosion or fire 

not intentionally set by the operator. 

The proposal also establishes a 

volumetric basis for reporting 

unexpected or unintentional gas loss. 

These reporting changes will more 

accurately depict the safety performance 

of gas pipelines over time. 

3. Require operators to report and file 

data electronically whenever possible. 

The electronic submission of data will 

increase the accuracy and quality of 

data collected which, in turn, will 

improve PHMSA’s data integration 

efforts. Electronic submission will also 

reduce the reporting burden on 

operators. 

4. Require operators of LNG facilities 

to submit incident and annual reports. 

This data will provide valuable 

infrastructure information to PHMSA, 

31676 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 

and allow for a more thorough 

evaluation of the safety performance of 

LNG facilities. 

5. Create and require participation in 

a National Registry of Pipeline and LNG 

Operators. This data will provide 

PHMSA with timely updates on 

significant and potential safetyimpacting changes occurring under its 

purview, and help PHMSA to better 

monitor and assess operator 

performance. 

6. Require operators to use a standard 

form in electronically submitting SafetyRelated Condition Reports and Offshore 

Pipeline Condition Reports. This will 

ensure consistency of data submitted 

across the pipeline industry. 

7. Merge the natural gas transmission 

integrity management Semi-Annual 

Performance Measures Report with the 

annual reports. Revise the leak cause 

categories listed in the annual report to 

include those nine categories listed in 

ASME B31.8S. This change will 

significantly reduce the reporting 

burden on operators by changing the 

current semi-annual requirement. 

Expand information on the natural gas 

transmission annual report to add 

information for miles of gathering lines 

by Type A and Type B gathering; class 

location information by SMYS, volume 

of commodity transported, and type of 

commodity transported. 

8. Modify hazardous liquid operator 

telephonic notification of accidents to 

require operators to have and use a 

procedure to calculate and report a 

reasonable initial estimate of released 

product and to provide an additional 

telephonic report to the National 

Response Center if significant new 

information becomes available during 

the emergency response phase. 

9. Require operators of hazardous 

liquid pipelines to submit pipeline 

information by State on the annual 

report for hazardous liquid pipelines. 

This data will allow PHMSA to improve 

its allocation of inspection and other 

resources through a better 

understanding of the infrastructure it 

regulates. 

10. Remove obsolete provisions that 

would conflict with the proposal to 

require electronic submission of all 

reports and update OMB control 

numbers for information collections. 

11. Update OMB control numbers 

assigned to information collections. 

II. Background 

The statutory authority under 49 

U.S.C. 60101 et seq. authorizes this 

proposal; these Federal Pipeline Safety 

Laws grant broad authority to the 

Pipeline and Hazardous Material Safety 

Administration to regulate pipeline 

safety. The proposed data collection and 

filing requirement revisions are wholly 

consistent with Section 15 of the PIPES 

Act of 2006 (Pub. L. 109–468, December 

26, 2006), which requires PHMSA to 

review and modify the reporting criteria 

as appropriate to ensure that the data 

accurately reflects trends over time. 

For natural gas pipeline operators 

specific reporting requirements in 49 

CFR Part 191 are found at: 

• § 191.5 telephonic notice of certain 

incidents. 

• § 191.7 Addresses for written 

reports. 

• § 191.9 Natural gas distribution 

incident report. 

• § 191.11 Natural gas distribution 

annual report. 

• § 191.15 Natural gas transmission 

and gathering incident report. 

• § 191.17 Natural gas transmission 

and gathering annual report. 

• § 191.23 Reporting safety-related 

conditions. 

• § 191.25 Filing safety-related 

condition reports. 

• § 191.27 Filing offshore pipeline 

condition reports. 

The requirement for reporting leaks 

and spills of LNG in accordance with 

Part 191 is found at § 193.2011. Part 191 

excludes LNG from many of the 

reporting requirements. 

For hazardous liquid pipeline 

operators specific reporting 

requirements in 49 CFR Part 195 are 

found at: 

• § 195.49 Annual report. 

• § 195.50 Reporting accidents. 

• § 195.52 Telephonic notice of 

certain accidents. 

• § 195.54 Accident reports. 

• § 195.55 Reporting safety-related 

conditions. 

• § 195.56 Filing safety-related 

condition reports. 

• § 195.57 Filing offshore pipeline 

condition reports. 

• § 195.58 Address for written 

reports. 

As the Nation’s repository for pipeline 

data, PHMSA’s data is used not only by 

PHMSA, but by State pipeline safety 

programs; congressional committees; 

metropolitan planners; civic 

associations and other local community 

groups; pipeline research organizations; 

industry safety experts; industry watch 

groups; the media; the public; industry 

trade associations; industry consultants; 

and members of the pipeline and energy 

industries. A significant amount of 

critical safety information is cultivated 

from PHMSA’s data through statistical 

analysis and information retrieval. One 

of the agency’s most valued assets is the 

data it collects, maintains, and analyzes 

pertaining to the industry. PHMSA is 

responsible for maintaining the most 

comprehensive collection of accident/ 

incident data for intrastate and 

interstate pipelines in the country. 

PHMSA is subject to constant and 

continued interest and scrutiny by 

numerous and varied stakeholders for 

the reliability, utility, and applicability 

of information and statistics pertaining 

to pipelines and LNG facilities, 

including the collection, tracking, and 

retrieval of historical data. PHMSA, 

therefore, must periodically modify its 

information and data collections and 

associated processes to address changes 

in industry business practices, changes 

in PHMSA’s regulations, and changes in 

PHMSA’s own data analysis strategies 

and objectives. 

As an example of one such needed 

change, LNG operators are currently 

exempt from annual and incident 

reporting requirements, whereas the 

operators of gas transmission, gas 

distribution, and hazardous liquid 

pipelines are required to report 

summary data annually and any 

incidents or accidents that meet 

reporting requirements specified in 

pipeline safety regulations. Given the 

increased number of LNG plants under 

construction, along with the 

understandable desire for PHMSA to 

better monitor the safety performance of 

this critical portion of the nation’s 

energy infrastructure, this proposal 

removes the existing exemption for this 

reporting for operators of LNG facilities. 

This proposed rule also supports 

PHMSA’s strategic objectives aimed at 

risk reduction and the continuous 

improvement of the integrity of the 

nation’s pipeline systems. The data 

collection improvements proposed in 

this proposed rule will enhance 

PHMSA’s standing analytical capability 

and strengthen PHMSA’s understanding 

of risk, all based on sound data. PHMSA 

will use the data to help drive program 

priorities and resource decisions, 

improve the ability to detect emerging 

risks, and focus prevention activities. 

III. Petitions for Rulemaking and 

Recommendations 

Petition for Rulemaking 

On November 7, 2005, the Interstate 

Natural Gas Association of America 

(INGAA) submitted a Petition for 

Rulemaking asking PHMSA to change 

the definition of an incident to 

adequately provide a method to 

normalize skewing due to inflationary 

price increases of gas lost. INGAA 

asserted that the practical effect of the 

cost based reporting threshold has 

skewed the number of incidents 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31677 

reported upwards as the cost of natural 

gas has continued to rise. 

Under the current definition, a 

reportable incident includes estimated 

property damage, including cost of gas 

lost, of the operator or others, or both, 

of $50,000 or more (49 CFR 191.3). In 

its petition, INGAA asserts that the 

current definition effectively froze the 

dollar amount of the cost of an incident 

to 1984/1985 levels. Therefore, INGAA 

claims that, although less gas is being 

released, more incidents are being 

reported because the price of gas has 

escalated over time. INGAA 

recommended PHMSA establish a 

volume-based threshold for a reportable 

incident. A copy of the petition is in the 

docket. 

Recommendations 

This proposed rule also responds to 

various Government Accountability 

Office (GAO) and National 

Transportation Safety Board (NTSB) 

recommendations. In GAO’s report, 

entitled ‘‘Natural Gas Pipeline Safety: 

Integrity Management Benefits Public 

Safety, but Consistency of Performance 

Measure Should Be Improved,’’ (GAO– 

06–946, September, 2006), GAO stated 

that the current gas incident reporting 

requirements do not adjust for the 

changing cost of gas released in 

incidents. GAO recommended that 

PHMSA ‘‘revise the definition of a 

reportable incident to consider changes 

in the price of natural gas.’’ 

In this report GAO also recommended 

PHMSA revise reporting of performance 

measures for the integrity management 

programs to measure the impact of the 

program. GAO recommended that 

PHMSA improve the measures related 

to incidents, leaks, and failures to 

compare performance over time and 

make the measures more consistent with 

other pipeline safety measures. GAO 

also stated that the incident reporting 

requirements should adjust for changes 

in the price of natural gas, because the 

value of gas released is a key factor in 

determining whether an incident must 

be reported. 

The NTSB recommended that PHMSA 

modify 49 CFR 195.52 of the hazardous 

liquid regulations to require pipeline 

operators to have a procedure to 

calculate and provide a reasonable 

initial estimate of released product in 

the telephonic report to the National 

Response Center (NTSB Safety 

Recommendation P–07–07). NTSB also 

recommended that the hazardous liquid 

regulations require pipeline operators to 

provide an additional telephonic report 

to the National Response Center if 

significant new information becomes 

available during the emergency 

response (NTSB Safety 

Recommendation P–07–08). 

IV. Section by Section Analysis 

(1) Modifying the Scope of Part 191 To 

Reflect the Change to the Definition of 

Gas Gathering Lines 

49 CFR 191.1 

On Wednesday, March 15, 2006, 

PHMSA published a new final rule, 

redefining the definition of gas 

gathering line. Part of that rulemaking 

effort changed the scope of Part 192 

which is addressed in § 192.1. However, 

this rulemaking project inadvertently 

overlooked making the corresponding 

changes to the scope of Part 191 in 

§ 191.1 Because of this omission, 

operators of gathering lines have been 

reporting the number of miles of gas 

gathering lines by the old definition and 

not by the new. § 191.1 would be 

changed to reflect the new gas gathering 

line definition. 

(2) Changing the Definition of an 

‘‘Incident’’ 

49 CFR 191.3 

This proposal would change the 

definition of an incident in 49 CFR 

191.3 to establish a new reporting 

category: an explosion or fire not 

intentionally set by the operator. This 

proposed change would make the 

definition consistent with the accident 

reporting criteria in 49 CFR Part 195. 

The proposal also establishes a 

volumetric basis of 3,000 MCF for 

reporting unintentional gas loss. 

Justification 

Explosion or Fire Not Intentionally 

Set by the Operator 

Adding ‘‘explosion or fire not 

intentionally set by the operator’’ as a 

category to the definition of a reportable 

incident will enable PHMSA to gain 

information on significant incidents, as 

fires and explosions are major adverse 

outcomes that significantly raise the risk 

of death or injury from a pipeline 

failure. PHMSA’s analysis of its 

accident/incident database showed the 

risk of death or injury increased by a 

magnitude of four-to-five times if there 

was a fire or explosion, compared to 

incidents without a fire or explosion. 

This revision would also make the 

natural gas pipeline incident reporting 

requirement consistent with the 

reporting requirement for hazardous 

liquid pipelines. 

Volume Measure for Released Gas 

Under the existing definition, a 

reportable incident includes estimated 

property damage, including cost of gas 

lost, of the operator or others, or both, 

of $50,000 or more. Therefore, although 

less gas is being released, more 

incidents are being reported because the 

value of natural gas has escalated over 

time. This proposal would establish a 

volumetric basis for unplanned gas loss 

for reporting an incident. 

In November 2005, INGAA submitted 

a petition for rulemaking recommending 

PHMSA adopt a volume basis instead of 

the cost of gas lost. INGAA 

recommended 20,000 MCF (20 million 

standard cubic feet) as a reporting 

threshold. INGAA based this volume on 

the $50,000 reporting threshold and the 

1985 cost of gas at $2.50 per MCF. 

The definition of the term ‘‘incident’’ 

affects both natural gas distribution and 

transmission operators. A strategy and 

proposed solution to address the 

problem posed by the escalating cost of 

gas therefore must apply to both natural 

gas distribution and transmission 

operators. Historical data indicates that 

INGAA’s recommended amount of 

20,000 MCF is too high to have any 

impact on distribution incident 

reporting and would significantly 

reduce the number of gas transmission 

incident reports to PHMSA, inhibiting 

PHMSA’s ability to accurately track the 

number of incidents and to learn from 

the already small number of reportable 

incidents that occur annually. 

PHMSA proposes to revise the 

definition of incident to add a reporting 

criterion for 3,000 MCF of gas lost. 

PHMSA believes that 3,000 MCF more 

accurately represents the median 

volume of gas lost reported through 

transmission incident reports since 

2002. The 3,000 MCF proposed volume 

represents a large amount of gas from a 

small pipeline that would have less 

potential to do major damage, compared 

to a small amount of gas from a large 

pipeline (e.g. 30- to 40-inch diameter) 

that could cause major damage. 

(3) Requiring Electronic Reporting and 

Filing of Reports 

49 CFR 191.7 and 195.58 

We are proposing to require an 

operator of a regulated pipeline or 

facility as defined in § 191.3 or § 195.2 

to submit all reports to PHMSA 

electronically. 

Justification 

To improve the processing of 

submitted reports, PHMSA proposes to 

modify §§ 191.7 and 195.58 to require 

electronic reporting and updating of 

operator data in PHMSA databases. 

Electronic data submission will 

enhance efficiency while reducing 

paperwork burdens.Currently, 55–80% 

of operators submit reporting data 

31678 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 

electronically. The remaining operators 

submit large volumes of reporting data 

to PHMSA in paper format. Often these 

operators submit incomplete data, 

inconsistent data, and improperly filledin forms. PHMSA lacks resources to 

verify individual data elements and seek 

further information to correct errors. 

Any PHMSA electronic filing 

requirement will be a function of the 

ability of the regulated industry to 

report data electronically to PHMSA. 

Given the size and technological 

capacity of pipeline operators, PHMSA 

believes the regulated industry has the 

required technological capability to 

provide required data to PHMSA 

electronically. However, should any 

operator lack the technological capacity 

for electronic reporting, we are 

proposing that the operator notify 

PHMSA and request an alternative to 

comply with this requirement. Such 

requests for alternative methods must be 

submitted to PHMSA by mail or fax. 

PHMSA specifically invites comments 

from operators on the burden the 

proposed electronic reporting 

requirement would impose. 

Mandatory electronic filing is wholly 

consistent with the E-Government Act 

of 2002 (Pub. L. 107–347) and the 

Government Paperwork Elimination Act 

of 1998 (Pub. L. 105–277) requirements. 

By placing required data fields in an 

electronic form pipeline and liquefied 

natural gas facility operators will submit 

more concise, complete, and accurate 

information in a format that will 

improve PHMSA’s ability to use the 

information, ensure compliance, and 

reduce risk. PHMSA has the authority 

and sufficient justification for requiring 

data collection on pipeline-related 

matters by electronic filing. As 

discussed above, electronic filing, as 

encouraged by the E-Gov initiative, will 

greatly benefit PHMSA. PHMSA has 

provided electronic reporting as a 

method of filing required reports since 

2002. PHMSA believes the regulated 

industry possesses the technological 

expertise, skills, equipment (hardware 

and software), internet access etc., and, 

generally prefers to submit data 

electronically as opposed to hard copy. 

Some affected smaller business or 

individuals, however, may not have the 

required skills or equipment and the 

cost of acquiring these necessary 

resources for electronic filing could be 

costly. Therefore, PHMSA will provide 

alternatives, such as paper forms 

submitted though mail or facsimile, for 

those operators who notify PHMSA that 

they are unable to report electronically 

and request an alternative. 

As part of the revisions to §§ 191.7 

and 195.58, PHMSA proposes to remove 

the language on filing duplicate copies 

of annual and incident reports to State 

agencies because any State filing 

requirement is independent of PHMSA’s 

requirements. With the new 

requirement to file reports 

electronically, we see this provision on 

State filing requirements as only adding 

confusion. 

We will continue to require safetyrelated condition reports to be 

submitted concurrently to the 

applicable State agency for intrastate 

pipeline transportation and on interstate 

transportation facilities, where the State 

acts as PHMSA’s agent. 

(4) Requiring LNG Operators To Submit 

Incident and Annual Reports 

49 CFR 191.9, 191.15, 191.17 and 

193.2011 

PHMSA proposes to amend §§ 191.15, 

191.17, and 193.2011 to require LNG 

facility operators to submit annual and 

incident reports consistent with the 

current reporting requirements for gas 

and hazardous liquid pipeline 

operators. 

Justification 

Currently, 49 CFR 193.2011 requires 

LNG operators to report leaks and spills 

of LNG according to the requirements in 

Part 191. Part 191 provides the 

requirements for Annual Reports, 

Incident Reports, and Safety Related 

Condition Reports. LNG facilities are 

exempt from the requirements for 

incident reporting in § 191.15 and 

annual reporting in § 191.17. 

Various GAO and internal 

assessments have identified the need for 

improved data quality in the area of 

LNG operations. PHMSA does not 

collect annual reports or incident 

reports for LNG facilities. These reports 

would provide timely information 

needed to improve PHMSA’s ability to 

effectively evaluate the safety 

performance of the LNG industry, to 

monitor significant changes to plant or 

facility operations, and to aid regulatory 

decision making regarding LNG 

operations. PHMSA will also use the 

information for accurate user fee 

assessments. 

The proposed data collection and 

reporting requirements for LNG 

operators are consistent with the current 

PHMSA reporting requirements for gas 

and hazardous liquid pipeline 

operators. 

(5) Creating a National Registry of 

Pipeline and LNG Operators 

49 CFR 191.22 and 195.64 

In this proposed rule we are 

proposing that all regulated pipeline 

operators and LNG plant or LNG facility 

operators must obtain an Operator 

Identification (OPID) number from 

PHMSA. An ‘‘operator’’ of a regulated 

pipeline, pipeline facility, LNG plant or 

LNG facility—or group of regulated 

pipelines or facilities—as defined in 

§§ 191.3 and 195.2 will be required to 

submit all reports for those regulated 

pipelines or facilities using the assigned 

OPID for the specific pipeline segments 

or facilities for which the operator 

requested the OPID. 

This proposal would require operators 

to use this OPID for all submissions 

(National Pipeline Mapping System, 

Annual report, accident, incident, 

safety-related condition etc.) to PHMSA. 

If an operator has a single OPID, then all 

of its reporting to PHMSA for regulated 

pipelines, pipeline facilities, and/or 

LNG facilities will use the one number 

assigned to the company for those 

assets. If an operator has multiple 

OPIDs, the operator must determine 

which OPID is assigned to which 

specific and unique pipeline segments 

or facilities, and use that OPID 

consistently for those pipeline segments 

or facilities in reporting to PHMSA. 

To ensure consistency and accuracy 

of information collection, even those 

operators with an existing OPID must 

reapply. If the pipeline segments or 

facilities associated with an existing 

OPID have not changed, the existing 

OPID would not change. Changes to 

OPID assigned numbers would occur on 

a case-by-case basis depending on the 

extent of mergers, acquisitions, 

divestitures, etc. that have occurred 

since PHMSA assigned the existing 

OPID. 

We are also proposing that an 

operator notify PHMSA at least 60 days 

in advance of certain profile or other 

changes to its facilities which could 

impact public safety. Such changes 

would include any of the following 

activities for an existing or new 

pipeline, pipeline segment, pipeline 

facility, LNG plant, or LNG facility: 

• A change in the operating entity 

responsible for operating an existing 

pipeline, pipeline segment, or facility. 

• A change in the operating entity 

responsible for managing or 

administering a safety program (such as 

an Integrity Management or Corrosion 

Protection Program) covering an existing 

pipeline, pipeline segment, or facility. 

• The acquisition or divestiture of 50 

or more miles of an existing regulated 

pipeline or pipeline segment. 

• Any rehabilitation, replacement, 

modification, upgrade, uprate, or update 

costing $5 million or more. 

• The construction of 10 or more 

miles of a new hazardous liquid or gas 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31679 

transmission pipeline facility, or other 

construction project costing $5 million 

or more. 

• The construction of a new LNG 

plant or LNG facility, or the sale or 

purchase of an existing LNG plant or 

LNG facility. 

Justification 

A National Registry of Pipeline and 

LNG Operators will serve as the 

storehouse for the reporting 

requirements for an operator regulated 

or subject to reporting requirements 

under 49 CFR Parts 192, 193, or 195. 

Essential to the effectiveness of 

PHMSA’s oversight is the ability to 

monitor and assess the performance of 

the regulated community—examining 

both discrete performance as well as 

historical trending over time. The single 

greatest challenge to PHMSA’s ability to 

track performance—and in particular, 

performance over time—is the dynamic 

nature of the regulated community 

itself. Due to conversions of service, 

new construction, and abandonments, 

or changes in operatorship that occur 

during divestitures, acquisitions, or 

contractual turnovers, operators’ asset 

profiles often change year-to-year, 

rendering historical trending inaccurate. 

Currently, PHMSA does not receive any 

alerts, information, or notification of 

these types of changes and we lack any 

mechanism to track or capture these 

changes when they occur. As a result, 

PHMSA’s ability to accurately portray 

and assess the performance of 

individual operators is severely 

compromised, with the problem 

deteriorating over time as operating and 

asset changes accumulate and 

compound. 

Additionally, there is an increased 

burden to industry and to PHMSA in 

tracking and maintaining potentially 

numerous OPID’s for the same 

company. Some companies accumulate 

a large number of OPID’s, often 

inadvertently, as the company reports 

across a variety of lines of business (e.g., 

operators may use separate OPID’s for 

reporting their user fee mileage, safetyrelated conditions, National Pipeline 

Mapping System (NPMS) submissions, 

incidents, and annual infrastructure and 

integrity management data.) The 

proposed National Registry of Pipeline 

and LNG Operators will facilitate the 

use of one OPID across a company’s 

reporting requirements for a given set of 

pipeline segments or facilities thereby 

reducing the burden on both PHMSA 

and industry for tracking these multiple, 

duplicative OPID’s. 

This proposed rulemaking will also 

require operators to notify PHMSA 

when they experience significant asset 

changes that affect PHMSA’s ability to 

accurately monitor and assess pipeline 

safety performance. Certain types of 

changes to or within an operator’s 

facilities or pipeline network represent 

potential safety-altering activities for 

which PHMSA may need to inspect, 

investigate, or otherwise oversee to 

ensure that any public safety concerns 

are adequately and proactively 

addressed. In these cases, this timely 

notification will allow PHMSA to 

mobilize inspection resources or notify 

one of its partner State pipeline safety 

agencies if needed. 

This proposed Registry would include 

mandatory registration and notification 

requirements, which do not exist within 

PHMSA’s current OPID assignment 

process. This Registry is necessary to 

compile an integrated national pipeline 

inventory of operator contact and 

facility information that is sustainable 

and can evolve over time to 

accommodate an ever-changing 

environment. Implementing a National 

Registry of Pipeline and LNG Operators 

will ensure that PHMSA’s 

communications with representatives of 

the regulated community are complete 

and accurate, achieving a level of 

assurance that does not exist within 

PHMSA’s existing OPID assignment 

process. The proposed Registry will also 

enable PHMSA to distribute up-to-date 

pipeline safety information for various 

technology applications used in the 

performance of inspections, regulatory 

oversight, reporting, and other safetybased needs, and will provide the 

accurate and up-to-date compilation of 

operating entities and facilities that is a 

critical element of PHMSA’s pipeline 

safety mission. 

Moreover, the accurate and timely 

representation of the scope and make-up 

of the nation’s pipeline and LNG facility 

infrastructure is not only critical to 

PHMSA, but it is also critical to the 

various oversight bodies, Congress, the 

GAO, the DOT Inspector General, and 

the NTSB. Other stakeholders such as 

safety and environmental advocacy 

groups, and State and local pipeline 

safety partners also rely on the accuracy 

and completeness of this information. 

(6) Requiring Electronic Safety-Related 

Condition and Offshore Pipeline 

Condition Reports 

49 CFR 191.25, 191.27, 195.56, 195.57 

and 195.58 

We are proposing to require an 

operator of a natural gas or hazardous 

liquid pipeline, or of an LNG plant or 

LNG facility to use a new standardized 

form instead of the free-form SafetyRelated Condition reporting now used. 

The requirement under § 191.7 and 

under § 195.58 to file Safety-Related 

Condition reports concurrently with 

State agencies under the conditions 

outlined in those sections for filing with 

State agencies would still apply. 

We are also proposing to require an 

operator of a hazardous liquid pipeline 

to use a new standardized form instead 

of the free-form Offshore Pipeline 

Condition Report now used. 

Justification 

PHMSA requires an operator of a 

natural gas pipeline or LNG plant or 

LNG facility to report the existence of a 

safety-related condition (SRC) meeting 

the criteria specified in § 191.23. 

Hazardous liquid operators must report 

a SRC using the criteria in § 195.55. An 

operator must file a report within five 

working days after determination but no 

later than ten working days after 

discovery of the condition. Reports are 

sent by facsimile to PHMSA. This 

proposed rule proposes to amend 

§§ 191.25, 195.56 and 195.58 to require 

operators to submit the information 

electronically through a standardized 

form. 

For offshore pipeline conditions, 

PHMSA requires an operator to report 

certain information within 60 days after 

completion of the inspection of all its 

underwater pipelines subject to 

§ 192.6(2a) or § 195.413(a). This 

proposed rule proposes to obtain this 

information on a standardized form, 

filed electronically with PHMSA. 

These proposed requirements will 

ensure that PHMSA obtains all the 

pertinent information it needs to 

perform its assessments and safety 

analyses; ensure that operators report all 

the required data; ensure consistent 

reporting across the regulated 

community; reduce the data 

management burden on PHMSA; and, 

reduce the reporting burden on 

operators. A copy of each form is 

available in the docket. 

(7) Merging the Gas Transmission 

Integrity Management Semi-Annual 

Performance Measures Report With the 

Gas Transmission Operator Annual 

Reports 

49 CFR 192.945 and 192.951 

PHMSA is proposing to merge the gas 

transmission Integrity Management 

Program semi-annual performance 

measures reports with the annual 

reports. 

Justification 

Operators of gas transmission 

pipelines subject to Subpart O, 

‘‘Pipeline Integrity Management’’, must 

31680 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 

submit four overall measures of their 

integrity management performance on a 

semi-annual basis, as required by 

§ 192.945. On December 15, 2003, 

PHMSA published a new Subpart O to 

the regulations governing safety of gas 

pipelines in 49 CFR Part 192 (68 FR 

69778). Subpart O establishes 

requirements governing integrity 

management programs for gas 

transmission pipelines. Included among 

these provisions are requirements for 

each gas transmission pipeline operator 

to maintain quantitative measures of its 

integrity management performance as 

specified in ASME/ANSI B31.8S, 

‘‘Managing System Integrity of Gas 

Pipelines’’, Section 9.4 (49 CFR 

192.945). The same regulation requires 

that each operator submit the 

performance measures to PHMSA semiannually. The report on performance 

measures collects information on the 

number of pipeline miles inspected; the 

number of immediate repairs 

completed; the number of scheduled 

repairs completed; and the number of 

leaks, failures, and incidents in the High 

Consequence Areas. 

A consequence of moving these 

reporting requirements to a gas 

transmission operator’s annual report 

for ASME/ANSI B31.8S performance 

metrics is that the annual report is by 

State. Moreover, for the ASME/ANSI 

B31.8S performance metrics, the annual 

report will seek separate reporting for 

interstate and intrastate facilities and 

system information. Operators will 

identify if they are interstate or 

intrastate. If an operator has interstate 

mileage it will be able to report by State 

or have the data rolled up into a single 

report. If an operator is an intrastate 

operator, the report is already by State. 

The acceptable means for submitting 

reports required by Subpart O are in 49 

CFR 192.951. 

In addition, PHMSA is proposing that 

operators submit the required 

performance measures through the 

annual report required in § 191.17. This 

regulatory change will reduce the 

reporting burden of the industry from 

twice a year to once a year and will 

allow PHMSA to identify the location of 

the inspection, repairs, leaks, failure, 

and incidents in a high consequence 

area. 

The existing section on the annual 

report for reporting total leaks 

eliminated or repaired during the year 

has seven cause categories, while the 

equivalent information on the biannual 

reporting for gas integrity management, 

as specified in ASME B31.8s, has nine 

cause categories. GAO noted the 

inconsistency in its report (GAO–06– 

946), ‘‘Natural Gas Pipeline Safety: 

Integrity Management Benefits Public 

Safety, but Consistency of Performance 

Measure Should Be Improved.’’ GAO 

recommended PHMSA improve the 

measures related to incidents, leaks, and 

failures to better allow for optimal 

comparison of performance over time 

and make them more consistent with 

other pipeline safety measures. To 

achieve consistency PHMSA proposes 

to revise the annual report form DOT 

form 7100.2–1 to replace the seven 

annual report leak cause categories with 

the ASME B31.8s nine cause categories. 

A copy of the revised annual report is 

available for review in the public 

docket. 

The ASME B31.8s nine cause 

categories are as follows: 

• External Corrosion. 

• Internal Corrosion. 

• Stress Corrosion Cracking. 

• Manufacturing. 

• Construction. 

• Equipment. 

• Third Party Damage/Mechanical 

Damage. 

• Incorrect Operations. 

• Weather Related/Other Outside 

Force. 

The existing seven cause categories on 

the Gas Transmission and Gathering 

System Annual Report are as follows: 

• Corrosion. 

• Natural Forces. 

• Excavation. 

• Other Outside Force Damage. 

• Material and Welds. 

• Equipment and Operations. 

• Other. 

PHMSA also seeks expanded 

information on mileage by Type A and 

Type B gathering lines (refer to 49 CFR 

192.8 and 192.9); expanded information 

on class location by specified minimum 

yield strength (SMYS) to better 

understand the effects of recent ‘‘special 

permits’’ and the final rule (Pipeline 

Safety: Standards for Increasing the 

Maximum Allowable Operating Pressure 

for Gas Transmission Pipelines; 73 Fed. 

Reg. 62148: October 17, 2008) allowing 

operators to operate certain pipelines at 

up to 80% SMYS; and information on 

volume and commodity transported to 

better understand system miles by 

product type (propane vs. natural gas for 

example). The expanded information 

will enhance our ability to effectively 

understand the need for further 

expansion of regulations for gathering 

lines and high stress lines. 

(8) Modifying Hazardous Liquid 

Operator Telephonic Notification of 

Accidents Reporting Requirement 

49 CFR 195.52 

This proposal would require an 

operator to have a procedure to 

calculate and provide a reasonable 

initial estimate of released product in 

telephonic reports to the National 

Response Center (NRC). An operator 

would also be required to provide 

additional telephonic reports to the NRC 

if significant new information becomes 

available during the emergency 

response phase of a reported event. 

Justification 

The NTSB recommended that PHMSA 

modify 49 CFR 195.52 to require 

hazardous liquid pipeline operators to 

have a procedure to calculate and 

provide a reasonable initial estimate of 

released product in the telephonic 

report to the National Response Center 

(NTSB Safety Recommendation P–07– 

07). The NTSB also recommended that 

PHMSA modify the hazardous liquid 

telephonic notice regulation section to 

require pipeline operators to provide an 

additional telephonic report to the 

National Response Center if significant 

new information becomes available 

during the emergency response phase of 

a reported event (NTSB Safety 

Recommendation P–07–08). 

(9) Requiring Operators of Hazardous 

Liquid Pipelines To Report Pipeline 

Information by State on the Annual 

Report for Hazardous Liquid Pipelines 

49 CFR 195.49 

This proposal would require operators 

of hazardous liquid pipelines to submit 

certain infrastructure and integrity 

management data for each State a 

pipeline traverses. 

Justification 

Currently, natural gas transmission 

pipeline operators submit State-specific 

annual reports that give PHMSA a 

sound and basic understanding of the 

location, scope, and nature of the 

pipeline facilities subject to its 

regulations. Hazardous liquid pipeline 

operators do not report State-specific 

information on their annual reports. 

These reports show the mileage and 

characteristics of the hazardous liquid 

pipelines operated by approximately 

314 operators with about 165,000 miles 

of pipelines. These annual reports only 

contain nationally aggregated 

information for the general 

characteristics of the hazardous liquid 

pipelines, along with fundamental 

integrity management information. 

Nationally aggregated information does 

not provide the granularity of data that 

is critical to PHMSA’s understanding of 

the risks posed by, as well as the 

condition of, these pipelines. Although 

PHMSA’s NPMS maintains location 

information on 310 operators reporting 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31681 

over 175,000 miles of pipe, none of 

these submittals contains the desired 

State-specific pipeline characteristics or 

integrity management information 

PHMSA needs to effectively understand, 

monitor, and assess safety performance 

and risks more discretely. 

This more granular level of 

understanding and analysis is critical to 

PHMSA’s fundamental safety mission. 

Capturing this State-specific 

information for both gas transmission 

and hazardous liquid pipelines provides 

PHMSA with the data necessary to 

identify areas of potential high risk and 

allocate agency resources accordingly. 

Without this information, PHMSA 

cannot differentiate risks and exposures 

on a State or regional basis, thereby 

precluding efforts to allocate internal 

resources based on risk or accurately 

portray and assess the performance of 

its various enforcement Regions or 

individual partner State pipeline safety 

agencies. The absence of this 

information also severely limits 

PHMSA’s ability to analyze risks and 

identify safety issues that may be 

specific to a particular State or region. 

Additionally, this level of information 

would facilitate PHMSA’s efforts to 

reconcile discrepancies between 

operator NPMS submissions and 

information submitted through annual 

reports. 

Many States have pipeline safety 

programs that operate as either PHMSAcertified interstate or PHMSA-certified 

intrastate agents for hazardous liquid 

pipelines. PHMSA helps to fund these 

State programs to reimburse costs for 

inspections and other safety activities. 

PHMSA needs to have a full and 

complete understanding of the scope, 

nature, and extent of the pipeline 

infrastructure under each State’s 

purview to be able to assess the 

effectiveness of funding State pipeline 

programs for these activities, and to 

effectively assess, monitor, and compare 

the State’s respective safety 

performance. Similarly, State pipeline 

program managers need this same 

information to plan and manage their 

own programs. 

PHMSA conducted preliminary 

discussions on the reporting by State 

proposal with representatives of the 

hazardous liquid pipeline community. 

These preliminary discussions were 

held during meetings with an industry 

data team consisting of representatives 

from American Petroleum Institute 

(API), Association of Oil Pipe Lines 

(AOPL), and hazardous liquid pipeline 

operators. This industry data team 

generally supported reporting by State 

for the specific areas that PHMSA 

proposes to obtain annual report 

information by State. PHMSA was also 

urged to consider an efficient method 

for the collection of the proposed 

information. 

Members of the industry data team 

also requested PHMSA consider 

obtaining infrastructure and integrity 

management (IM) information through 

the NPMS. PHMSA acknowledges the 

potential benefits of NPMS submission 

of infrastructure and IM information. 

NPMS submission of the information 

would greatly enhance PHMSA’s ability 

to make informed safety-related 

assessments and decisions. PHMSA is 

also mindful of the costs associated with 

submitting the proposed information via 

the NPMS as opposed to other means. 

PHMSA would have to modify the 

existing geospatial technological 

architecture of the NPMS to accept the 

substantial data elements that would 

have to be submitted if the NPMS were 

to generate the proposed State totals. 

These modifications would be costly 

and are not currently budgeted or 

planned. To retrofit the NPMS into a 

format that could accept the substantial 

data elements requires several years of 

planning and extensive work by 

PHMSA. Additionally, we need to 

determine the percentage of the 

hazardous liquid operators with the 

capability to submit information using 

geospatial technology. Many small 

companies are not API or AOPL 

members and we need to better 

understand the overall abilities and 

capabilities of the industry before 

considering this method for the 

collection of information. This proposed 

rule therefore seeks comment from any 

hazardous liquid operator that could not 

provide information via a geospatial 

tool. 

PHMSA agrees with the potential 

benefits of NPMS submission for this 

information. Like the industry data 

team, PHMSA also recognizes that 

having the information in a GIS tool 

greatly facilitates the ease with which 

such tables can be computed and 

produced. Although the industry data 

team believes that virtually all of the 

API and AOPL members have 

information in GIS tools, preliminary 

results from a joint OPS and industry 

pilot project indicate that industry may 

not have any additional information 

other than currently collected in NPMS, 

in GIS format. 

Therefore, PHMSA is requesting 

comments on whether infrastructure 

and IM information through NPMS is a 

better alternative that operators could 

easily implement. For now, PHMSA 

will continue to collect the information 

through the Annual Report until 

PHMSA determines that industry has 

the capability to convert its 

technological platform into a format that 

could accept the submission via GIS 

tool and that the entire industry could 

adhere to such a format. 

(10) Removing Obsolete Provisions 

49 CFR 191.19, 191.27, 195.57 and 

195.62 

PHMSA proposes to remove or revise 

the following provisions in light of the 

proposal to require electronic 

submission of all reports. Electronic 

reporting makes these requirements 

obsolete. 

• Remove § 191.19, which advises 

operators they may obtain, without 

charge, copies of paper report forms and 

reproduce the forms. 

• Remove §§ 191.27(b) and 195.57(b), 

which require mailing hard copies of 

Offshore Pipeline Condition reports. 

• Revise § 195.54 to remove the 

option to file an accident report by 

facsimile. 

• Remove § 195.62, which requires 

operators to maintain an adequate 

supply of forms that are a facsimile of 

DOT accident report forms so that the 

operator may promptly report an 

accident. 

Hard copies of forms will continue to 

be available on PHMSA’s Web site at 

http://phmsa.dot.gov/pipeline. 

(11) Updating OMB Control Numbers 

49 CFR 191.21 and 195.63 

PHMSA proposes to update these 

sections to add new OMB control 

numbers for the new forms (and 

information collection) proposed in this 

proposed rule. There will be new forms 

for reporting safety-related and offshore 

pipeline conditions, LNG incidents and 

for submitting an LNG annual report. 

V. Regulatory Analyses and Notices 

Executive Order 12866 and DOT 

Policies and Procedures 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866 (58 FR 51735) 

and, therefore, was not reviewed by the 

Office of Management and Budget. This 

proposed rule is not significant under 

the Regulatory Policies and Procedures 

of the Department of Transportation (44 

FR 11034). 

Overall, the costs of the proposed rule 

are expected to be approximately $1.9 

million per year. The present value of 

this cost over 10 years using a 3 percent 

discount rate is approximately $17 

million, while its present value over 10 

years using a 7 percent discount rate is 

approximately $14 million. Those costs 

cover changes to the 49 CFR to enhance 

31682 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 

general data and data management 

improvements for pipelines. 

The average of the present value of 

net benefits over 10 years at a 3 percent 

discount rate is approximately $76 

million and approximately $62 million 

at 7 percent. 

The benefits of the proposed rule 

enhance PHMSA’s ability to 

understand, measure, and assess the 

performance of individual operators and 

industry as a whole; integrate pipeline 

safety data in a way that will allow a 

more thorough, rigorous, and 

comprehensive understanding and 

assessment of risk; expand and simplify 

existing electronic reporting by 

operators; improve the data and 

analyses PHMSA relies on to make 

critical, safety-related decisions; and 

facilitate PHMSA’s allocation of 

inspection and other resources based on 

a more accurate accounting of risk. 

A comparison of the benefits and 

costs of the rule results in positive net 

benefits. The present value of net 

benefits (the excess of benefits over 

costs) for the proposed rule is 

approximately $59 million using a three 

percent discount rate and $48 million 

using a seven percent discount rate. A 

copy of the regulatory evaluation is 

available for review in the docket. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act of 

1980, as amended, requires Federal 

agencies to conduct a separate analysis 

of the economic impact of rules on 

small entities. The Regulatory 

Flexibility Act requires that Federal 

agencies take small entities’ concerns 

into account when developing, writing, 

publicizing, promulgating, and 

enforcing regulations. The modifications 

noted in the proposed rule will affect 

hazardous liquid, natural gas pipelines 

(distribution and transmission), and 

LNG facility operators. PHMSA does not 

collect information on number of 

employees or revenues for pipeline 

operators. Such a collection would 

require OMB approval. Nevertheless, 

PHMSA continues to seek information 

(and invites comments on this subject) 

about the number of small pipeline 

operators to more fully determine 

impact on small entities. 

The Small Business Administration 

(SBA) size standards for hazardous 

liquid operators are companies with less 

than 1,500 employees, including 

employees of parent corporations. The 

SBA size standards are $6.5 million in 

annual revenues for the natural gas 

transmission pipeline industry and 500 

employees for the natural gas 

distribution industry. 

PHMSA has reviewed the data it 

collects from the hazardous liquid 

pipeline industry and has estimated 

there are 10 to 20 small entities in this 

industry. PHMSA estimates that about 

480 of the gas transmission and 

gathering firms have less than $6.5 

million in revenues and about 1,000 gas 

distribution firms have fewer than 500 

employees. Information on the market 

structure of the LNG industry is scarce 

but the estimated reporting cost to LNG 

facilities’ operators is very low, and 

thus, PHMSA assumes that LNG 

facilities operators, large or small, will 

not be adversely affected by the 

requirements in the proposed rule. 

The average annual cost of the 

increased reporting burden of the 

proposed rule ranges from $3,804 to 

$5,649 for small hazardous liquid 

operators, $231 to $385 for small natural 

gas operators and from $683 to $1,103 

for liquefied natural gas operators. 

These preliminary results suggest that 

there is not a significant impact on a 

substantial number of small entities. 

Executive Order 13175 

PHMSA has analyzed this proposed 

rule according to the principles and 

criteria in Executive Order 13175, 

‘‘Consultation and Coordination with 

Indian Tribal Governments.’’ Because 

this proposed rule would not 

significantly or uniquely affect the 

communities of the Indian Tribal 

governments or impose substantial 

direct compliance costs, the funding 

and consultation requirements of 

Executive Order 13175 do not apply. 

Paperwork Reduction Act 

This proposed rule may result in 

revisions to several currently approved 

information collections. The following 

list contains the potentially impacted 

information collections and their 

current approval information: 

OMB Control No. Info collection title Current 

expiration date 

Currently 

approved 

burden hours 

1. 2137–0047 ....................... Transportation of Hazardous Liquids by Pipeline: Recordkeeping and Accident 

Reporting.

11/30/2011 51,011 

2. 2137–0522 ....................... Incident and Annual Reports for Gas Pipeline Operators .................................... 11/30/2010 36,105 

3. 2137–0578 ....................... Reporting Safety-Related Conditions on Gas, Hazardous A Liquid, and Carbon 

Dioxide Pipelines and Liquefied Natural Gas Facilities.

2/28/2011 390 

4. 2137–0610 ....................... Pipeline Integrity Management in High Consequence Areas Gas Transmission 

Pipeline Operators.

6/30/2009 1,030,309 

5. 2137–0614 ....................... Pipeline Safety: New Reporting Requirements for Hazardous Liquid Pipeline 

Operators: Hazardous Liquid Annual Report.

6/30/2010 5,364 

Pursuant to 5 CFR 1320.8(d), PHMSA 

is required to provide interested 

members of the public and affected 

agencies with an opportunity to 

comment on information collection and 

recordkeeping requests. This notice 

identifies revised information collection 

requests that PHMSA will submit to the 

Office of Management and Budget 

(OMB) for approval based on the 

requirements in this proposed rule. 

PHMSA has developed revised 

burden estimates to reflect changes in 

this proposed rule. PHMSA estimates 

that, based on the proposals in this rule, 

the current information collection 

burden for these information collections 

will be revised as follows: 

1. Title of information Collection: 

Transportation of Hazardous Liquids by 

Pipeline: Recordkeeping and Accident 

Reporting. 

OMB Control Number: 2137–0047. 

Total Annual Number of 

Respondents: 300. 

Total Annual Responses: 450. 

Total Annual Burden Hours: 51,011. 

Total Annual Burden Cost: 

$3,302,962.25. 

2. Title of information Collection: 

Incident and Annual Reports for Gas 

Pipeline Operators. 

OMB Control Number: 2137–0522. 

Total Annual Number of 

Respondents: 2,289. 

Total Annual Responses: 5,629. 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31683 

Total Annual Burden Hours: 63,153. 

Total Annual Burden Cost: 

$2,910,448. 

3. Title of information Collection: 

Reporting Safety-Related Conditions on 

Gas, Hazardous A Liquid, and Carbon 

Dioxide Pipelines and Liquefied Natural 

Gas Facilities. 

OMB Control Number: 2137–0578. 

Total Annual Number of 

Respondents: 2,673. 

Total Annual Responses: 718. 

Total Annual Burden Hours: 1,512. 

Total Annual Burden Cost: $46,620. 

4. Title of information Collection: 

Pipeline Integrity Management in High 

Consequence Areas Gas Transmission 

Pipeline Operators. 

OMB Control Number: 2137–0610. 

Total Annual Number of 

Respondents: 721. 

Total Annual Responses: 721. 

Total Annual Burden Hours: 

1,018,773. 

Total Annual Burden Cost: 

$65,967,753.00. 

5. Title of information Collection: 

Pipeline Safety: New Reporting 

Requirements for Hazardous Liquid 

Pipeline Operators: Hazardous Liquid 

Annual Report. 

OMB Control Number: 2137–0614. 

Total Annual Number of 

Respondents: 300. 

Total Annual Responses: 447. 

Total Annual Burden Hours: 11,748 

hours. 

Total Annual Burden Cost: 

$760,683.00. 

Requests for a copy of the information 

collection should be directed to 

Cameron Satterthwaite, U.S. Department 

of Transportation, Office of Regulations, 

Pipeline and Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue, SE., East Building, 2nd Floor, 

Washington, DC 20590–0001, 

Telephone (202) 366–4046. 

All comments should be addressed to 

the Dockets Unit as identified in the 

ADDRESSES section of this proposed rule 

and received prior to the close of the 

comment period identified in the DATES

section of this proposed rule. 

We specifically request comments on 

the information collection and 

recordkeeping burden associated with 

developing, implementing, and 

maintaining these requirements for 

approval under this proposed rule. 

Unfunded Mandates Reform Act of 1995 

This proposed rule would not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. It would not result in costs of 

$100 million, adjusted for inflation, or 

more in any one year to either State, 

local, or Tribal governments, in the 

aggregate, or to the private sector, and 

is the least burdensome alternative that 

achieves the objective of the proposed 

rulemaking. 

National Environmental Policy Act 

PHMSA analyzed this proposed rule 

in accordance with section 102(2)(c) of 

the National Environmental Policy Act 

(42 U.S.C. 4332), the Council on 

Environmental Quality regulations (40 

CFR 1500–1508), and DOT Order 

5610.1C, and has preliminarily 

determined this action will not 

significantly affect the quality of the 

human environment. The 

Environmental Assessment for this 

proposed action is in the docket. 

Executive Order 13132 

PHMSA has analyzed this proposed 

rule according to Executive Order 13132 

(‘‘Federalism’’). The proposed rule does 

not have a 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. This proposed 

rule does not impose substantial direct 

compliance costs on State and local 

governments. This proposed rule would 

not preempt State law for intrastate 

pipelines. Therefore, the consultation 

and funding requirements of Executive 

Order 13132 do not apply. 

Executive Order 13211 

This proposed rule is not a 

‘‘significant energy action’’ under 

Executive Order 13211 (Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use). It is not likely to 

have a significant adverse effect on 

supply, distribution, or energy use. 

Further, the Office of Information and 

Regulatory Affairs has not designated 

this proposed rule as a significant 

energy action. 

Privacy Act Statement 

Anyone may search the electronic 

form of all comments received for any 

of our dockets. You may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (70 FR 19477) or visit http:// 

dms.dot.gov. 

List of Subjects 

49 CFR Part 191 

Pipeline safety, Reporting and 

recordkeeping requirements. 

49 CFR Part 192 

Pipeline safety, Fire prevention, 

Security measures. 

49 CFR Part 193 

Pipeline safety, Fire prevention, 

Security measures, and Reporting and 

recordkeeping requirements. 

49 CFR Part 195 

Ammonia, Carbon dioxide, 

Incorporation by reference, Petroleum, 

Pipeline safety, Reporting and 

recordkeeping requirements. 

In consideration of the foregoing, we 

propose to amend 49 CFR Chapter I as 

follows: 

PART 191—TRANSPORTATION OF 

NATURAL AND OTHER GAS BY 

PIPELINE; ANNUAL REPORTS, 

INCIDENT REPORTS, AND SAFETYRELATED CONDITION REPORTS 

1. The authority citation for Part 191 

continues to read as follows: 

Authority: 49 U.S.C. 5121, 60102, 60103, 

60104, 60108, 60117, 60118, and 60124, and 

49 CFR 1.53. 

1a. In § 191.1, paragraph (b)(4) is 

revised to read as follows: 

§ 191.1 Scope. 

* * * * * 

(b) * * * 

(4) Onshore gathering of gas— 

(i) Through a pipeline that operates at 

less than 0 psig (0 kPa); 

(ii) Through a pipeline that is not a 

regulated onshore gathering line (as 

determined in § 192.8 of this 

subchapter); and 

(iii) Within inlets of the Gulf of 

Mexico, except for the requirements in 

§ 192.612. 

2. In § 191.3, the definition of 

‘‘Incident’’ is revised to read as follows: 

§ 191.3 Definitions. 

* * * * * 

Incident means any of the following 

events: 

(1) An event that involves a release of 

gas from a pipeline, or of liquefied 

natural gas, liquefied petroleum gas, 

refrigerant gas, or gas from an LNG 

facility, and that results in one of the 

following consequences: 

(i) A death, or personal injury 

necessitating in-patient hospitalization; 

(ii) Estimated property damage of 

$50,000 or more, including loss to the 

operator and others, or both; 

(iii) Estimated gas loss of 3,000 

million cubic feet or more; 

(iv) An explosion or fire not 

intentionally set by the operator. 

(2) An event at an LNG plant or LNG 

facility that results in an emergency 

shutdown, excluding the activation of 

emergency shutdown devices for 

maintenance. 

(3) An event that is significant in the 

judgment of the operator, even though it 

31684 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 

did not meet the criteria of paragraphs 

(1) or (2) of this definition. 

* * * * * 

3. Section 191.7 is revised to read as 

follows: 

§ 191.7 Report submission requirements. 

(a) General. An operator must submit 

each report required by this Part 

electronically to the Pipeline and 

Hazardous Materials Safety 

Administration at http:// 

opsweb.phmsa.dot.gov. If electronic 

reporting imposes an undue burden and 

hardship, the operator must submit a 

written request for an alternative 

reporting method to the Information 

Resources Manager, Office of Pipeline 

Safety, Pipeline and Hazardous 

Materials Safety Administration, PHP– 

10, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. The request 

must describe the undue burden and 

hardship and be sent at least 60 days 

prior to the due date of the report. 

(b) Safety-related conditions. An 

operator must submit concurrently to 

the applicable State agency a safetyrelated condition report required by 

§ 191.23 for intrastate pipeline 

transportation or when the State agency 

acts as an agent of the Secretary with 

respect to interstate transmission 

facilities. 

4. In § 191.9, paragraph (c) is revised 

to read as follows: 

§ 191.9 Distribution system: Incident 

report. 

* * * * * 

(c) Master meter operators are not 

required to submit an incident report as 

required by this section. 

5. Section 191.11 is revised to read as 

follows: 

§ 191.11 Distribution system: Annual 

report. 

(a) General. Except as provided in 

paragraph (b) of this section, each 

operator of a distribution pipeline 

system must submit an annual report for 

that system on DOT Form PHMSA F 

7100.1–1. This report must be submitted 

each year, not later than March 15, for 

the preceding calendar year. 

(b) Not required. The annual report 

requirement in this section does not 

apply to a master meter system or to a 

petroleum gas system that serves fewer 

than 100 customers from a single 

source. 

6. Section 191.15 is revised to read as 

follows: 

§ 191.15 Transmission systems; gathering 

systems; and liquefied natural gas facilities: 

Incident report. 

(a) General. Each operator of a 

transmission or a gathering pipeline 

system must submit 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 of this subchapter. 

(b) LNG. Each operator of a liquefied 

natural gas plant or facility must submit 

DOT Form PHMSA F [INSERT FORM 

NUMBER] as soon as practicable but not 

more than 30 days after detection of an 

incident required to be reported under 

§ 191.5 of this subchapter. 

(c) Supplemental report. Where 

additional related information is 

obtained after a report is submitted 

under paragraph (a) or (b) of this 

section, the operator must make a 

supplemental report as soon as 

practicable with a clear reference by 

date and subject to the original report. 

7. Section 191.17 is revised to read as 

follows: 

§ 191.17 Transmission systems; gathering 

systems; and liquefied natural gas facilities: 

Annual report. 

(a). General. Each operator of a 

transmission or a gathering pipeline 

system must submit an annual report for 

that system on DOT Form PHMSA 

7100.2.1. This report must be submitted 

each year, not later than March 15, for 

the preceding calendar year. 

(b) LNG. Each operator of a liquefied 

natural gas facility must submit an 

annual report for that system on DOT 

Form PHMSA [INSERT FORM 

NUMBER]. This report must be 

submitted each year, not later than 

March 15, for the preceding calendar 

year. 

§ 191.19 [Removed] 

8. Section 191.19 is removed. 

9. Section 191.21 is revised to read as 

follows: 

§ 191.21 OMB control number assigned to 

information collection. 

This section displays the control 

number assigned by the Office of 

Management and Budget (OMB) to the 

information collection requirements in 

this Part. The Paperwork Reduction Act 

requires agencies to display a current 

control number assigned by the Director 

of OMB for each agency information 

collection requirement. 

OMB Control Number 2137–0522 

Section of 49 CFR part 

191 where identified Form No. 

191.5 ................................ Telephonic 

191.9 ................................ PHMSA 7100.1 

191.11 .............................. PHMSA 7100.1–1 

191.15 .............................. PHMSA 7100.2 

191.17 .............................. PHMSA 7100.2–1 

191.22 .............................. PHMSA xxxxx 

191.25 .............................. PHMSA xxxxx 

191.27 .............................. PHMSA xxxxx 

10. Section 191.22 is added to read as 

follows: 

§ 191.22 National Registry of Pipeline and 

LNG Operators. 

(a) OPID Request. Each operator of a 

gas pipeline, gas pipeline facility, LNG 

plant or LNG facility must obtain from 

PHMSA an Operator Identification 

Number (OPID). An OPID is assigned to 

an operator for the pipeline or pipeline 

system for which the operator has 

primary responsibility. To obtain an 

OPID or a change to an OPID, an 

operator must submit a complete and 

accurate OPID Questionnaire [Insert 

form number]. The OPID Questionnaire 

must be transmitted electronically to 

PHMSA through the National Registry 

of Pipeline and LNG Operators at 

http://opsweb.phmsa.dot.gov. This 

requirement applies to all new and 

existing operators, including operators 

who have already been assigned one or 

more OPID. 

(b) Changes. Each operator of a gas 

pipeline, gas pipeline facility, LNG 

plant or LNG facility must notify 

PHMSA electronically through the 

National Registry of Pipeline and LNG 

Operators at http:// 

opsweb.phmsa.dot.gov 60 days prior to 

any of the following events: 

(1) A change in the name of the 

operator; 

(2) A change in the operating entity 

responsible for an existing pipeline, 

pipeline segment, or pipeline facility, or 

LNG facility; 

(3) The acquisition or divestiture of 50 

or more miles of pipeline or pipeline 

system regulated by PHMSA; 

(4) Any rehabilitation, replacement, 

modification, upgrade, uprate, or update 

costing $5 million or more; 

(5) Construction of 10 or more miles 

of a new gas transmission pipeline or 

any project involving a pipeline or 

pipeline facility costing $5 million or 

more; or 

(6) The acquisition or divestiture of an 

existing LNG plant or LNG facility or 

construction of a new LNG plant or LNG 

facility. 

(c) Reporting. An operator must use 

the OPID issued by PHMSA for all 

reporting requirements covered under 

this subchapter and for submissions to 

the National Pipeline Mapping System. 

(d) Undue burden. If electronic 

reporting imposes an undue burden and 

hardship, an operator must submit a 

written request for an alternative 

reporting method to the Information 

Resources Manager, Office of Pipeline 

Safety, Pipeline and Hazardous 

Materials Safety Administration, PHP– 

10, 1200 New Jersey Avenue, SE., 

Washington DC 20590. The request 

Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 31685 

must describe the undue burden and 

hardship. 

11. Section 191.25 is revised to read 

as follows: 

§ 191.25 Filing safety-related condition 

reports. 

(a) General. Each operator must file a 

report of a safety-related condition 

under § 191.23(a) on DOT Form PHMSA 

[INSERT FORM NUMBER]. The report 

must be filed (received by the 

Administrator) within five working days 

(not including Saturdays, Sunday, or 

Federal Holidays) after the day a 

representative of the operator first 

determines or discovers that the 

condition exists, but not later than 10 

working days after the day a 

representative of the operator 

determines or discovers the condition. 

(b) Separate conditions. An operator 

may describe separate conditions in a 

single report if the conditions are 

closely related. 

12. Section 191.27 is revised to read 

as follows: 

§ 191.27 Filing offshore pipeline condition 

reports. 

Each operator must, within 60 days 

after completion of the inspection of all 

its underwater pipelines subject to 

§ 192.612(a), file an Offshore Pipeline 

Condition Report on DOT Form PHMSA 

[INSERT FORM NUMBER]. 

PART 192—TRANSPORTATION OF 

NATURAL AND OTHER GAS BY 

PIPELINE: MINIMUM FEDERAL 

SAFETY STANDARDS 

13. The authority citation for part 192 

continues to read as follows: 

Authority: 49 U.S.C. 5103, 60102, 60104, 

60108, 60109, 60110, 60113, and 60118; and 

49 CFR 1.53. 

14. In § 192.945, paragraph (a) is 

revised to read as follows: 

§ 192.945 What methods must an operator 

use to measure program effectiveness? 

(a) General. An operator must include 

in its integrity management program 

methods to measure whether the 

program is effective in assessing and 

evaluating the integrity of each covered 

pipeline segment and in protecting the 

high consequence areas. These measures 

must include the four overall 

performance measures specified in 

ASME/ANSI B31.8S (incorporated by 

reference, see § 192.7 of this 

subchapter), section 9.4, and the 

specific measures for each identified 

threat specified in ASME/ANSI B31.8S, 

Appendix A. An operator must submit 

the four overall performance measures 

on the annual report required by 

§ 191.17 of this subchapter. 

* * * * * 

15. Section 192.951 is revised to read 

as follows:. 

§ 192.951 Where does an operator file a 

report? 

An operator must file any report 

required by this subpart electronically 

to the Pipeline and Hazardous Materials 

Safety Administration at http:// 

opsweb.phmsa.dot.gov. If electronic 

reporting imposes an undue burden and 

hardship, an operator must submit a 

written request for an alternative 

reporting method to the Information 

Resources Manager, Office of Pipeline 

Safety, Pipeline and Hazardous 

Materials Safety Administration, PHP– 

10, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. The request 

must describe the undue burden and 

hardship. 

PART 193—LIQUIFIED NATURAL GAS 

FACILITIES: FEDERAL SAFETY 

STANDARDS 

16. The authority citation for part 193 

continues to read as follows: 

Authority: 49 U.S.C. 5103, 60102, 60103, 

60104, 60108, 60109, 60110, 60113, 60118, 

and 49 CFR 1.53. 

17. Section 193.2011 is revised to read 

as follows: 

§ 193.2011 Reporting. 

Incidents, safety-related conditions, 

and annual pipeline summary data for 

LNG plants or facilities must be 

reported in accordance with the 

requirements of part 191 of this 

subchapter. 

PART 195—TRANSPORTATION OF 

HAZARDOUS LIQUIDS BY PIPELINE 

18. The authority citation for part 195 

continues to read as follows: 

Authority: 49 U.S.C. 5103, 60102, 60104, 

60108, 60109, 60118, and 49 CFR 1.53. 

19. Section 195.49 is revised to read 

as follows: 

§ 195.49 Annual report. 

Each operator must annually 

complete and submit DOT Form 

PHMSA F 7000–1.1 for each type of 

hazardous liquid pipeline facility 

operated at the end of the previous year. 

The hazardous liquid operator annual 

report must be filed by June 15 each 

year. Each operator must submit a 

separate report for each State a pipeline 

traverses. A separate report is required 

for crude oil, HVL (including anhydrous 

ammonia), petroleum products, and 

carbon dioxide pipelines. 

20. Section 195.52 is revised to read 

as follows: 

§ 195.52 Telephonic notice of certain 

accidents. 

(a) Notice requirements. At the 

earliest practicable moment following 

discovery of a release of the hazardous 

liquid or carbon dioxide transported 

resulting in an event described in 

§ 195.50, the operator of the system 

must give notice, in accordance with 

paragraph (b) of this section, of any 

failure that: 

(1) Caused a death or a personal 

injury requiring hospitalization; 

(2) Resulted in either an explosion or 

fire not intentionally set by the operator; 

(3) Caused estimated property 

damage, including cost of cleanup and 

recovery, value of lost product, and 

damage to the property of the operator 

or others, or both, exceeding $50,000; 

(4) Resulted in pollution of any 

stream, river, lake, reservoir, or other 

similar body of water that violated 

applicable water quality standards, 

caused a discoloration of the surface of 

the water or adjoining shoreline, or 

deposited a sludge or emulsion beneath 

the surface of the water or upon 

adjoining shorelines; or 

(5) In the judgment of the operator 

was significant even though it did not 

meet the criteria of any other paragraph 

of this section. 

(b) Information required. Reports 

made under paragraph (a) of this section 

are made by telephone to 800–424–8802 

(in Washington, DC 267–2675) and must 

include the following information: 

(1) Name, address and identification 

number of the operator. 

(2) Name and telephone number of 

the reporter. 

(3) The location of the failure. 

(4) The time of the failure. 

(5) The fatalities and personal 

injuries, if any. 

(6) Initial estimate of amount of 

product released in accordance with 

paragraph (c) of this section. 

(7) All other significant facts known 

by the operator that are relevant to the 

cause of the failure or extent of the 

damages. 

(c) Calculation. A pipeline operator 

must have a written procedure to 

calculate and provide a reasonable 

initial estimate of the amount of 

released product. 

(d) New information. An operator 

must provide an additional telephonic 

report to the National Response Center 

if significant new information becomes 

available during the emergency 

response phase of a reported event. 

21. In § 195.54, paragraph (a) is 

revised to read as follows: 

31686 Federal Register / Vol. 74, No. 126 / Thursday, July 2, 2009 / Proposed Rules 

§ 195.54 Accident reports. 

(a) Each operator that experiences an 

accident that is required to be reported 

under § 195.50 must, as soon as 

practicable, but not later than 30 days 

after discovery of the accident file an 

accident report on DOT Form 7000–1. 

* * * * * 

22. Section 195.56 is revised to read 

as follows: 

§ 195.56 Filing safety-related condition 

reports. 

(a) General. Each operator must file a 

report of a safety-related condition 

under § 195.55(a) on DOT Form PHMSA 

[INSERT FORM NUMBER]. The report 

must be filed (received by the 

Administrator) within five working days 

(not including Saturdays, Sunday, or 

Federal Holidays) after the day a 

representative of the operator first 

determines or discovers that the 

condition exists, but not later than 10 

working days after the day a 

representative of the operator 

determines or discovers the condition. 

(b) Separate conditions. An operator 

may describe separate conditions in a 

single report if the conditions are 

closely related. 

23. Section 195.57 is revised to read 

as follows: 

§ 195.57 Filing offshore pipeline condition 

reports. 

Each operator must, within 60 days 

after completion of the inspection of all 

its underwater pipelines subject to 

§ 195.413(a), file an Offshore Pipeline 

Condition Report on DOT Form PHMSA 

[INSERT FORM NUMBER]. 

24. Section 195.58 is revised to read 

as follows: 

§ 195.58 Report submission requirements. 

(a) General. An operator must submit 

each report required by this part 

electronically to PHMSA at http:// 

opsweb.phmsa.dot.gov. If electronic 

reporting imposes an undue burden and 

hardship, the operator must submit a 

written request for an alternative 

reporting method to the Information 

Resources Manager, Office of Pipeline 

Safety, Pipeline and Hazardous 

Materials Safety Administration, PHP– 

10, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. The request 

must describe the undue burden and 

hardship and be sent at least 60 days 

prior to the due date of the report. 

(b) Safety related conditions. An 

operator must submit concurrently to 

the applicable State agency a safetyrelated condition report required by 

§ 191.23 of this subchapter for an 

intrastate pipeline or when the State 

agency acts as an agent of the Secretary 

with respect to interstate pipelines. 

§ 195.62 [Removed] 

25. Section 195.62 is removed. 

26. Section 195.63 is revised to read 

as follows: 

§ 195.63 OMB control number assigned to 

information collection. 

The control numbers assigned by the 

Office of Management and Budget to the 

hazardous liquid pipeline information 

collection pursuant to the Paperwork 

Reduction Act are 2137–0047, 2137– 

0601, 2137–0604, 2137–0605, 2137– 

0618, and 2137–0622. 

27. Section 195.64 is added to read as 

follows: 

§ 195.64 National Registry of Pipeline and 

LNG Operators. 

(a) OPID Request. Each operator must 

obtain from PHMSA an Operator 

Identification Number (OPID). An OPID 

is assigned to an operator for the 

pipeline or pipeline system for which 

the operator has primary responsibility. 

To obtain an OPID or a change to an 

OPID, an operator must submit a 

complete and accurate OPID 

Questionnaire (Insert form number). The 

OPID Questionnaire must be transmitted 

electronically to PHMSA through the 

National Registry of Pipeline and LNG 

Operators at http:// 

opsweb.phmsa.dot.gov. This 

requirement applies to all operators, 

including operators who have already 

been assigned an OPID. 

(b) Changes. Each operator must 

notify PHMSA electronically through 

the National Registry of Pipeline and 

LNG Operators at http:// 

opsweb.phmsa.dot.gov, 60 days prior to 

any of the following events: 

(1) A change in the name of the 

operator; 

(2) A change in the operating entity 

responsible for operating an existing 

pipeline, pipeline segment, or pipeline 

facility; 

(3) The acquisition or divestiture of 50 

or more miles of pipeline or pipeline 

system regulated by PHMSA; 

(4) Pipeline rehabilitation, pipe 

replacement, or pipeline system changes 

to upgrade/uprate a pipeline or pipeline 

facility costing $5 million or more; 

(5) Construction of 10 or more miles 

of a new hazardous liquid pipeline or 

any project involving a pipeline or 

pipeline facility costing $5 million or 

more; or 

(6) The acquisition or divestiture of an 

existing pipeline facility or construction 

of a new pipeline facility. 

(c) Reporting. An operator must use 

the OPID issued by PHMSA for all 

reporting requirements covered under 

this subchapter and for submissions to 

the National Pipeline Mapping System. 

(d) Undue burden. If electronic 

reporting imposes an undue burden and 

hardship, an operator must submit 

written request for an alternative 

reporting method mitted to the 

Information Resources Manager, Office 

of Pipeline Safety, Pipeline and 

Hazardous Materials Safety 

Administration, PHP–10, 1200 New 

Jersey Avenue, SE. Washington DC 

20590. The request must describe the 

undue burden and hardship. 

Issued in Washington, DC, on June 24, 

2009. 

Jeffrey D. Wiese, 

Associate Administrator for Pipeline Safety. 

[FR Doc. E9–15532 Filed 7–1–09; 8:45 am] 

BILLING CODE 4910–60–P