81 FR 41647 - Pipeline Safety: Gaseous Carbon Dioxide Pipelines
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration Federal Register Volume 81, Issue 123 (June 27, 2016)
Pipeline and Hazardous Materials Safety Administration
Federal Register Volume 81, Issue 123 (June 27, 2016)
| Page Range | 41647-41648 | |
| FR Document | 2016-15123 |
[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)] [Notices] [Pages 41647-41648] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15123] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket ID PHMSA-2016-0049] Pipeline Safety: Gaseous Carbon Dioxide Pipelines AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice; request for comments. ----------------------------------------------------------------------- SUMMARY: PHMSA is seeking public comment on a PHMSA-authored report titled: ``Background for Regulating the Transportation of Carbon Dioxide in a Gaseous State,'' which is available in the docket at PHMSA-2016-0049. The report evaluates existing and potential future gaseous carbon dioxide (CO2) pipelines and outlines PHMSA's approach for establishing minimum pipeline safety standards for the transportation of carbon dioxide in a gaseous state to fulfill the requirements of section 15 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (the Act). The Act requires the Secretary of Transportation to ``prescribe minimum safety standards for the transportation of carbon dioxide by pipeline in a gaseous state.'' PHMSA is seeking to better understand the possible effects of the regulatory scenarios presented within the report, as well as the locations and extent of gaseous carbon dioxide pipelines, and is requesting feedback on the validity and applicability of these effects and the location and extent of these pipelines. As PHMSA does not currently regulate these pipelines, its ability to reach out and locate operators of gaseous carbon dioxide pipelines has been limited and it is unclear if PHMSA's current information is comprehensive. DATES: The public comment period for this notice ends July 27, 2016. ADDRESSES: You may submit comments identified by the Docket ID PHMSA- 2016-0049 by any of the following methods:E-Gov Web site: http://www.regulations.gov. This 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 (DOT), 1200 New Jersey Avenue SE., Room W12-140, Washington, DC 20590. Hand Delivery: DOT Docket Management System, Room W12-140, on the ground floor of the West Building, 1200 New Jersey Avenue SE., Washington, DC between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. Instructions: Identify the Docket ID at the beginning of your comments. If you submit your comments by mail, submit two copies. If you wish to receive confirmation that PHMSA has received your comments, include a self-addressed stamped postcard. Internet users may submit comments at http://www.regulations.gov. [[Page 41648]] Note: Comments will be posted without changes or edits to http://www.regulations.gov including any personal information provided. 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 April 11, 2000 (65 FR 19477). FOR FURTHER INFORMATION CONTACT: Kenneth Lee, Director, Engineering and Research Division, at 202-366-2694 or [email protected] about the subject matter in this notice. SUPPLEMENTARY INFORMATION: Section 15 of the Act requires the Secretary of Transportation to ``prescribe minimum safety standards for the transportation of carbon dioxide by pipeline in a gaseous phase.'' The Act requires that in ``establishing the standards, the Secretary shall consider whether applying the minimum safety standards in part 195 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this paragraph, for the transportation of carbon dioxide in a liquid state to the transportation of carbon dioxide in a gaseous state would ensure safety.'' Further, the Act limited this authority, stating: ``Nothing in this subsection authorizes the Secretary to regulate piping or equipment used in the production, extraction, recovery, lifting, stabilization, separation, or treatment of carbon dioxide or the preparation of carbon dioxide for transportation by pipeline at production, refining, or manufacturing facilities.'' After carefully reviewing the available information with regard to gaseous carbon dioxide pipelines, PHMSA has been unable to identify specific gaseous carbon dioxide pipelines or pipeline operators that would potentially be subject to future regulation per section 15 of the Act. For instance, in PHMSA's aforementioned report, a 78-mile, low- pressure gaseous carbon dioxide pipeline was identified as being located within a gas gathering field. In that instance, the applicability of future regulations could be unclear. PHMSA's report outlines much of the information gathered and available to PHMSA, which appears to support the likelihood that a majority of the carbon dioxide transported over distances would be in the supercritical fluid state, thereby subjecting these lines to the existing part 195 regulations, where applicable. PHMSA is seeking public comment to better understand the possible effects of the regulatory scenarios presented within the report, information considered within the report, conclusions that could be drawn from the report, information missing from the report, and to better understand the locations and extent of gaseous carbon dioxide pipelines (whether existing or planned). Since PHMSA does not currently regulate these pipelines, its ability to reach out and locate potentially affected operators has been limited. PHMSA welcomes views and updates on the necessity for and approach to regulations for gaseous carbon dioxide pipelines per section 15 of the Act. Some areas of interest include: 1. Comments and suggestions with respect to the information included within the report, including comments on gaseous carbon dioxide pipelines and their regulation in general, as well as any conclusions readers can draw from the information presented. 2. Identifying gaseous carbon dioxide pipelines or pipeline operators not already identified in the report that would potentially be subject to regulation if they are regulated as outlined in the report per the requirements of section 15 of the Act. Include details, if available, such as pipeline location and length. 3. Identifying and discussing likely locations for the future construction of gaseous carbon dioxide pipelines not already discussed in the report that would potentially be subject to regulation if regulated as outlined in the report per the requirements of section 15 of the Act. 4. Comments on the two potential options for regulating gaseous carbon dioxide outlined in the report. These options would: Regulate the transport of gaseous CO2 entirely under part 192, or Regulate the transport under part 192, where appropriate, with reference to applicable sections of part 195. If a particular regulatory approach is more appropriate or preferable, please provide supporting examples and reasons why. If against either approach, please provide supporting examples and reasons for being against the approach. 5. The report identifies industry projections for carbon dioxide pipeline need and growth. Please discuss whether these projections are consistent and accurate with current data. If they have changed, please discuss how they have changed. 6. Please comment on any technical standards addressing gaseous carbon dioxide pipelines that PHMSA could consider incorporating into any potential regulations. 7. If PHMSA pursues one of the regulatory scenarios presented within the report, and as stated in Area #4 above, would a simpler approach be adequate and responsible at this time? Could PHMSA make a change to the scope of part 192 to include gaseous carbon dioxide without any further technical differentiations within the regulations or without referencing the regulations for carbon dioxide in the supercritical state per existing part 195 regulations? Issued in Washington, DC, on June 22, 2016, under authority delegated in 49 CFR 1.97. Alan K. Mayberry, Acting Associate Administrator for Pipeline Safety. [FR Doc. 2016-15123 Filed 6-24-16; 8:45 am] BILLING CODE 4910-60-P
![Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices 41647
Recall Report. We continue to estimate 60 days would add an additional SUMMARY: PHMSA is seeking public
that 20 percent of Part 573 reports will $8,760,000 (58,400,000 letters × .10 comment on a PHMSA-authored report
involve a change or addition. At 30 requiring interim owner notifications = titled: ‘‘Background for Regulating the
minutes per amended report, this totals 5,840,000 letters; 5,840,000 × $1.50 = Transportation of Carbon Dioxide in a
86 burden hours per year (854 recalls × $8,760,000). In total we estimate that the Gaseous State,’’ which is available in
.20 = 171 recalls; 171/2 = 86 hours). current 49 CFR part 577 requirements the docket at PHMSA–2016–0049. The
As to the requirement that cost manufacturers a total of report evaluates existing and potential
manufacturers notify NHTSA in the $96,360,000 annually ($87,600,000 future gaseous carbon dioxide (CO2)
event of a bankruptcy, we expect this owner notification letters + $8,760,000 pipelines and outlines PHMSA’s
notification to take an estimated 2 hours interim notification letters = approach for establishing minimum
to draft and submit to NHTSA. We $96,360,000). pipeline safety standards for the
continue to estimate that only 10 Due to the past burdens associated transportation of carbon dioxide in a
manufacturers might submit such a with the requirement that certain gaseous state to fulfill the requirements
notice to NHTSA each year, so we vehicle manufacturers setup VIN Look- of section 15 of the Pipeline Safety,
calculate the total burden at 20 hours up systems for their recalled vehicles, Regulatory Certainty, and Job Creation
(10 MFRs × 2 hours). many burden hours have been removed Act of 2011 (the Act). The Act requires
We continue to estimate that it takes from this information collection as these the Secretary of Transportation to
manufacturers an average of 8 hours to burdens and costs have already ‘‘prescribe minimum safety standards
draft their notification letters, submit occurred. However, given the recent for the transportation of carbon dioxide
them to NHTSA for review, and then increase in the number of safety recalls by pipeline in a gaseous state.’’ PHMSA
finalize them for mailing to their the Agency administers yearly and the is seeking to better understand the
affected owners and purchasers. We volume of products included in those possible effects of the regulatory
estimate that the 49 CFR part 577 recalls, this information collection scenarios presented within the report, as
requirements result in 6,832 burden burden hour total is increased from well as the locations and extent of
hours annually (8 hours per recall × 854 previous estimates. The 49 CFR part 573 gaseous carbon dioxide pipelines, and is
recalls per year). and 49 CFR part 577 requirements requesting feedback on the validity and
The estimate associated with the
found in today’s rule will require 46,965 applicability of these effects and the
regulation which requires owner
hours each year for OMB Control location and extent of these pipelines.
notifications within 60 days of filing a
Number 2127–0004, an increase of 827 As PHMSA does not currently regulate
Part 573 Safety Recall Report remains
burden hours. Additionally, these pipelines, its ability to reach out
must similarly be revised with an
manufacturers impacted by 49 CFR part and locate operators of gaseous carbon
increase in recalls. We previously
573 and 49 CFR part 577 requirements dioxide pipelines has been limited and
calculated that about 25 percent of past
will incur a recurring annual cost it is unclear if PHMSA’s current
recalls did not include an owner
estimated at $96,630,000 total. information is comprehensive.
notification mailing within 60 days of
the filing of the Part 573 Safety Recall Estimated Number of Respondents— DATES: The public comment period for
Report. However, recent trends show NHTSA receives reports of defect or this notice ends July 27, 2016.
that only about 10 percent of recalls noncompliance from roughly 275
manufacturers per year. Accordingly, ADDRESSES: You may submit comments
require an interim owner notification identified by the Docket ID PHMSA–
mailing. Under the regulation, we estimate that there will be
approximately 275 manufacturers per 2016–0049 by any of the following
manufacturers must send two letters in methods:
these cases: An interim notification of year filing defect or noncompliance
reports and completing the other • E-Gov Web site: http://
the defect or noncompliance within 60 www.regulations.gov. This site allows
days and a supplemental letter notifying information collection responsibilities
associated with those filings. the public to enter comments on any
owners and purchasers of the available Federal Register notice issued by any
remedy. Accordingly, we estimate that In summary, we estimate that there
will be a total of 275 respondents per agency. Follow the instructions for
680 burden hours are associated with submitting comments.
this 60-day interim notification year associated with OMB No. 2127–
requirement (854 recalls × .10 = 85 0004. • Fax: 1–202–493–2251.
recalls; 85 recalls times 8 hours per • Mail: Docket Management System,
Gregory K. Rea,
recall = 680 hours). U.S. Department of Transportation
Associate Administrator for Enforcement. (DOT), 1200 New Jersey Avenue SE.,
As for costs associated with notifying
[FR Doc. 2016–15112 Filed 6–24–16; 8:45 am] Room W12–140, Washington, DC 20590.
owners and purchasers of recalls, we
BILLING CODE 4910–59–P Hand Delivery: DOT Docket
continue to estimate this costs $1.50 per
first class mail notification, on average. Management System, Room W12–140,
This cost estimate includes the costs of on the ground floor of the West
DEPARTMENT OF TRANSPORTATION
printing, mailing, as well as the costs Building, 1200 New Jersey Avenue SE.,
vehicle manufacturers may pay to third- Pipeline and Hazardous Materials Washington, DC between 9:00 a.m. and
party vendors to acquire the names and Safety Administration 5:00 p.m., Monday through Friday,
addresses of the current registered except Federal holidays.
owners from state and territory [Docket ID PHMSA–2016–0049] Instructions: Identify the Docket ID at
departments of motor vehicles. In the beginning of your comments. If you
mstockstill on DSK3G9T082PROD with NOTICES
reviewing recent recall figures, we Pipeline Safety: Gaseous Carbon submit your comments by mail, submit
determined that an estimated 58.4 Dioxide Pipelines two copies. If you wish to receive
million letters are mailed yearly totaling AGENCY: Pipeline and Hazardous confirmation that PHMSA has received
$87,600,000 ($1.50 per letter × Materials Safety Administration your comments, include a self-
58,400,000 letters). The requirement in (PHMSA), DOT. addressed stamped postcard. Internet
49 CFR part 577 for a manufacturer to users may submit comments at http://
ACTION: Notice; request for comments.
notify their affected customers within www.regulations.gov.
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![41648 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Notices
Note: Comments will be posted without considered within the report, the report, and as stated in Area #4
changes or edits to http:// conclusions that could be drawn from above, would a simpler approach be
www.regulations.gov including any personal the report, information missing from the adequate and responsible at this time?
information provided. report, and to better understand the Could PHMSA make a change to the
Privacy Act Statement: Anyone may locations and extent of gaseous carbon scope of part 192 to include gaseous
search the electronic form of all dioxide pipelines (whether existing or carbon dioxide without any further
comments received for any of our planned). Since PHMSA does not technical differentiations within the
dockets. You may review DOT’s currently regulate these pipelines, its regulations or without referencing the
complete Privacy Act Statement in the ability to reach out and locate regulations for carbon dioxide in the
Federal Register published April 11, potentially affected operators has been supercritical state per existing part 195
2000 (65 FR 19477). limited. PHMSA welcomes views and regulations?
FOR FURTHER INFORMATION CONTACT: updates on the necessity for and Issued in Washington, DC, on June 22,
Kenneth Lee, Director, Engineering and approach to regulations for gaseous 2016, under authority delegated in 49 CFR
Research Division, at 202–366–2694 or carbon dioxide pipelines per section 15 1.97.
Kenneth.lee@dot.gov about the subject of the Act. Some areas of interest Alan K. Mayberry,
matter in this notice. include: Acting Associate Administrator for Pipeline
SUPPLEMENTARY INFORMATION: Section 15
1. Comments and suggestions with Safety.
of the Act requires the Secretary of respect to the information included [FR Doc. 2016–15123 Filed 6–24–16; 8:45 am]
Transportation to ‘‘prescribe minimum within the report, including comments
BILLING CODE 4910–60–P
safety standards for the transportation of on gaseous carbon dioxide pipelines
carbon dioxide by pipeline in a gaseous and their regulation in general, as well
phase.’’ as any conclusions readers can draw DEPARTMENT OF TRANSPORTATION
The Act requires that in ‘‘establishing from the information presented.
the standards, the Secretary shall 2. Identifying gaseous carbon dioxide Pipeline and Hazardous Materials
consider whether applying the pipelines or pipeline operators not Safety Administration
minimum safety standards in part 195 of already identified in the report that
would potentially be subject to [Docket No. PHMSA–2016–0066 (Notice No.
title 49, Code of Federal Regulations, as 2016–10)]
in effect on the date of enactment of this regulation if they are regulated as
paragraph, for the transportation of outlined in the report per the Hazardous Materials: Information
carbon dioxide in a liquid state to the requirements of section 15 of the Act. Collection Activities
transportation of carbon dioxide in a Include details, if available, such as
gaseous state would ensure safety.’’ pipeline location and length. AGENCY: Pipeline and Hazardous
3. Identifying and discussing likely Materials Safety Administration
Further, the Act limited this authority,
locations for the future construction of (PHMSA), Department of Transportation
stating: ‘‘Nothing in this subsection
gaseous carbon dioxide pipelines not (DOT).
authorizes the Secretary to regulate
already discussed in the report that ACTION: Notice and request for
piping or equipment used in the
would potentially be subject to comments.
production, extraction, recovery, lifting,
regulation if regulated as outlined in the
stabilization, separation, or treatment of
report per the requirements of section SUMMARY: In accordance with the
carbon dioxide or the preparation of
15 of the Act. Paperwork Reduction Act of 1995,
carbon dioxide for transportation by 4. Comments on the two potential PHMSA invites comments on an
pipeline at production, refining, or options for regulating gaseous carbon information collection pertaining to
manufacturing facilities.’’ dioxide outlined in the report. These
After carefully reviewing the available hazardous materials transportation for
options would: which PHMSA intends to request
information with regard to gaseous • Regulate the transport of gaseous
carbon dioxide pipelines, PHMSA has renewal from the Office of Management
CO2 entirely under part 192, or and Budget (OMB).
been unable to identify specific gaseous • Regulate the transport under part
carbon dioxide pipelines or pipeline DATES: Interested persons are invited to
192, where appropriate, with reference
operators that would potentially be submit comments on or before August
to applicable sections of part 195.
subject to future regulation per section If a particular regulatory approach is 26, 2016.
15 of the Act. For instance, in PHMSA’s more appropriate or preferable, please ADDRESSES: You may submit comments
aforementioned report, a 78-mile, low- provide supporting examples and identified by the docket number
pressure gaseous carbon dioxide reasons why. If against either approach, (PHMSA–2016–0066) by any of the
pipeline was identified as being located please provide supporting examples and following methods:
within a gas gathering field. In that reasons for being against the approach. • Federal eRulemaking Portal: Go to
instance, the applicability of future 5. The report identifies industry http://www.regulations.gov. Follow the
regulations could be unclear. PHMSA’s projections for carbon dioxide pipeline online instructions for submitting
report outlines much of the information need and growth. Please discuss comments.
gathered and available to PHMSA, whether these projections are consistent • Fax: 1–202–493–2251.
which appears to support the likelihood and accurate with current data. If they • Mail: Docket Operations, U.S.
that a majority of the carbon dioxide have changed, please discuss how they Department of Transportation, West
transported over distances would be in Building, Ground Floor, Room W12–
mstockstill on DSK3G9T082PROD with NOTICES
have changed.
the supercritical fluid state, thereby 6. Please comment on any technical 140, Routing Symbol M–30, 1200 New
subjecting these lines to the existing standards addressing gaseous carbon Jersey Avenue SE., Washington, DC
part 195 regulations, where applicable. dioxide pipelines that PHMSA could 20590.
PHMSA is seeking public comment to consider incorporating into any • Hand Delivery: To Docket
better understand the possible effects of potential regulations. Operations, Room W12–140 on the
the regulatory scenarios presented 7. If PHMSA pursues one of the ground floor of the West Building, 1200
within the report, information regulatory scenarios presented within New Jersey Avenue SE., Washington,
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Document Created: 2016-06-25 02:07:25
Document Modified: 2016-06-25 02:07:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; request for comments. | |
| Dates | The public comment period for this notice ends July 27, 2016. | |
| Contact | Kenneth Lee, Director, Engineering and Research Division, at 202-366-2694 or [email protected] about the subject matter in this notice. | |
| FR Citation | 81 FR 41647 |
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