81_FR_41770 81 FR 41647 - Pipeline Safety: Gaseous Carbon Dioxide Pipelines

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)

Page Range41647-41648
FR Document2016-15123

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.

Federal Register, Volume 81 Issue 123 (Monday, June 27, 2016)
[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]


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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.

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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
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                                                  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
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; request for comments.
DatesThe public comment period for this notice ends July 27, 2016.
ContactKenneth Lee, Director, Engineering and Research Division, at 202-366-2694 or [email protected] about the subject matter in this notice.
FR Citation81 FR 41647 

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