82 FR 28224 - Pipeline Safety: Safety of Underground Natural Gas Storage Facilities; Petition for Reconsideration
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration Federal Register Volume 82, Issue 117 (June 20, 2017)
Pipeline and Hazardous Materials Safety Administration
Federal Register Volume 82, Issue 117 (June 20, 2017)
| Page Range | 28224-28225 | |
| FR Document | 2017-12806 |
[Federal Register Volume 82, Number 117 (Tuesday, June 20, 2017)] [Notices] [Pages 28224-28225] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-12806] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA-2016-0016] Pipeline Safety: Safety of Underground Natural Gas Storage Facilities; Petition for Reconsideration AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: On January 18, 2017, PHMSA received a petition for reconsideration of its interim final rule (IFR), ``Safety of Underground Natural Gas Storage Facilities.'' This Notice informs the petitioners and other interested persons that PHMSA intends to address the issues raised by the petitioners in a final rule, which it expects to issue by January of 2018. In the interim, and for one year after the publication of a final rule, PHMSA will not issue any enforcement citations to operators for failure to meet any provisions that are non- mandatory in an American Petroleum Institute (API) Recommended Practices (RPs) RP 1170 and RP 1171 but that were converted to mandatory provisions by the IFR. Despite this stay of enforcement, PHMSA still reserves the right to exercise its other authorities, if necessary, to address any emergencies that present an imminent hazard or specific conditions that are or would be hazardous to life, property, or the environment. This Notice also informs operators of the availability of further guidance on implementation to help operators develop assessment schedules and carry out compliance programs. FOR FURTHER INFORMATION CONTACT: Byron Coy, Senior Technical Advisor, Pipeline Safety Policy and Programs, by telephone at 609-771-7810 or by email at [email protected]. SUPPLEMENTARY INFORMATION: On December 19, 2016, (81 FR 91860) PHMSA published an IFR titled ``Safety of Underground Natural Gas Storage Facilities.'' PHMSA issued this IFR in response to a statutory mandate in section 12 of the ``Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016'' (Pub. L. 114-183). The IFR incorporates by reference two API RPs: (1) API RP 1170, ``Design and Operation of Solution-mined Salt Caverns used for Natural Gas Storage,'' issued in July 2015, and (2) API RP 1171, ``Functional Integrity of Natural Gas Storage in Depleted Hydrocarbon Reservoirs and Aquifer Reservoirs,'' issued in September 2015. On January 18, 2017, the American Gas Association, API, American Public Gas Association, and the Interstate Natural Gas Association of America (INGAA) submitted a petition seeking reconsideration of the IFR, insofar as it modified the non-mandatory nature of many of the recommendations in the RPs. The petitioners also contended that the implementation periods were impracticable and should reasonably be extended. On April 17, 2017, INGAA withdrew from the petition for reconsideration. For further review, interested parties can access this petition in the docket. Under subpart D of 49 CFR part 190, PHMSA's general policy is to take action on a petition for reconsideration of a regulation, whenever practicable, within 90 days of the regulation's publication in the Federal Register. PHMSA determined that it would be impracticable to respond to the petition for reconsideration within that time period. Therefore, this document provides notice to the petitioners and the public of the time period in which action will be taken in accordance with 49 CFR 190.337(b). PHMSA plans to leave the petition for reconsideration open and evaluate the petition, along with the comments it has received. during the development of a final rule. PHMSA plans on using the final rule to address the comments and the petition for reconsideration and revise the requirements detailed in the IFR accordingly. PHMSA expects to issue a final rule by January 2018. Regarding the manner in which non-mandatory sections of the RPs were made mandatory by the IFR, the petitioners expressed concern that, in certain instances, treating non-mandatory practices as mandatory could result in unnecessary burdens for operators. During the 60-day public comment period on the IFR, PHMSA received similar comments to those raised in the petition on this issue. PHMSA understands these concerns and is reviewing the treatment of non-mandatory provisions as mandatory and will respond to these points in a final rule. [[Page 28225]] In the meantime, PHMSA will not issue any enforcement citations to operators for non-compliance with any provisions that are non-mandatory in the RPs until at least one year following publication of a final rule. During the same time period, PHMSA will not issue enforcement citations to operators for non-compliance with the requirement to justify and document deviations from the non-mandatory provisions. PHMSA does intend, however, to retain and enforce the other compliance deadlines in the IFR, including the requirement that operators of existing underground gas storage facilities develop, by January 18, 2018, policies and procedures to implement those sections of the RPs that are identified as mandatory in the actual RPs. Notwithstanding this stay of enforcement, nothing in this Notice is intended to prevent or discourage an operator from carrying out any recommended practice that is non-mandatory in the RPs if the operator determines that the recommended practice needs to be followed to ensure the safe operation of its facilities. Finally, PHMSA reserves the right to exercise its authorities separate and apart from the IFR, if necessary, to address any pipeline facility, including any underground gas storage facility, found to be an imminent hazard under 49 U.S.C. 60117(o) or to order corrective actions where the operation of such facility is or would be hazardous to life, property, or the environment under 49 U.S.C. 60112. This exercise of PHMSA's enforcement discretion does not affect any other obligations that operators may have under the pipeline safety regulations or any other applicable law. Regarding the implementation periods discussed above, PHMSA has recently published informal guidance in the form of Frequently Asked Questions (FAQs) which can be found at https://primis.phmsa.dot.gov/ung/faqs.htm. The FAQs explain PHMSA's expectations for the timing of implementing the RPs. Issued in Washington, DC, on June 15, 2017, under authority delegated in 49 CFR 1.97. Alan K. Mayberry, Associate Administrator for Pipeline Safety. [FR Doc. 2017-12806 Filed 6-19-17; 8:45 am] BILLING CODE 4910-60-P
![28224 Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices
the safety regulation of transporting • Nominations must also response to a statutory mandate in
hazardous liquid and of hazardous acknowledge that the nominee is aware section 12 of the ‘‘Protecting our
liquid pipeline facilities or technically of the nomination unless the individual Infrastructure of Pipelines and
qualified by training, experience, or is self-nominated. Enhancing Safety Act of 2016’’ (Pub. L.
knowledge in at least one field of Issued in Washington, DC, on June 15, 114–183). The IFR incorporates by
engineering applicable to transporting 2017, under authority delegated in 49 CFR reference two API RPs: (1) API RP 1170,
hazardous liquid or operating a 1.97. ‘‘Design and Operation of Solution-
hazardous liquid pipeline facility, to Alan K. Mayberry, mined Salt Caverns used for Natural Gas
evaluate hazardous liquid pipeline Associate Administrator for Pipeline Safety. Storage,’’ issued in July 2015, and (2)
safety standards or risk management API RP 1171, ‘‘Functional Integrity of
[FR Doc. 2017–12805 Filed 6–19–17; 8:45 am]
principles. Natural Gas Storage in Depleted
BILLING CODE 4910–60–P
Regarding nominations of industry Hydrocarbon Reservoirs and Aquifer
personnel, at least three of the Reservoirs,’’ issued in September 2015.
individuals selected for each committee On January 18, 2017, the American
DEPARTMENT OF TRANSPORTATION
from the industry must be currently in Gas Association, API, American Public
the active operation of natural gas or Pipeline and Hazardous Materials Gas Association, and the Interstate
hazardous liquid pipelines or pipeline Safety Administration Natural Gas Association of America
facilities. At least one individual (INGAA) submitted a petition seeking
selected for each committee serving [Docket No. PHMSA–2016–0016] reconsideration of the IFR, insofar as it
from the industry must have education, modified the non-mandatory nature of
Pipeline Safety: Safety of Underground many of the recommendations in the
background, or experience in risk Natural Gas Storage Facilities; Petition
assessment and cost-benefit analysis. RPs. The petitioners also contended that
for Reconsideration the implementation periods were
Nominees should represent a broad
constituency whose views the candidate AGENCY: Pipeline and Hazardous impracticable and should reasonably be
can represent. Additionally, the Materials Safety Administration extended. On April 17, 2017, INGAA
Secretary will consult with the national (PHMSA), DOT. withdrew from the petition for
organizations representing the owners reconsideration. For further review,
ACTION: Notice.
and operators of pipeline facilities interested parties can access this
before selecting individuals from the SUMMARY: On January 18, 2017, PHMSA petition in the docket.
industry. received a petition for reconsideration Under subpart D of 49 CFR part 190,
of its interim final rule (IFR), ‘‘Safety of PHMSA’s general policy is to take
III. Terms of Service Underground Natural Gas Storage action on a petition for reconsideration
• Each member serves a three-year Facilities.’’ This Notice informs the of a regulation, whenever practicable,
term, unless the member becomes petitioners and other interested persons within 90 days of the regulation’s
unable to serve, resigns, ceases to be that PHMSA intends to address the publication in the Federal Register.
qualified to serve, or is removed by the issues raised by the petitioners in a final PHMSA determined that it would be
Secretary. rule, which it expects to issue by impracticable to respond to the petition
• Members may be reappointed. January of 2018. In the interim, and for for reconsideration within that time
• All members serve at their own one year after the publication of a final period. Therefore, this document
expense and receive no salary from the rule, PHMSA will not issue any provides notice to the petitioners and
Federal Government, although travel enforcement citations to operators for the public of the time period in which
reimbursement and per diem may be failure to meet any provisions that are action will be taken in accordance with
provided. non-mandatory in an American 49 CFR 190.337(b). PHMSA plans to
• The GPAC and LPAC generally Petroleum Institute (API) Recommended leave the petition for reconsideration
meet in-person in the Washington, DC, Practices (RPs) RP 1170 and RP 1171 but open and evaluate the petition, along
Metropolitan area. that were converted to mandatory with the comments it has received.
provisions by the IFR. Despite this stay during the development of a final rule.
IV. Nomination Procedures PHMSA plans on using the final rule to
of enforcement, PHMSA still reserves
Any interested person may nominate address the comments and the petition
the right to exercise its other authorities,
one or more qualified individuals for for reconsideration and revise the
if necessary, to address any emergencies
membership on the advisory committee. requirements detailed in the IFR
that present an imminent hazard or
Self-nominations are also accepted. accordingly. PHMSA expects to issue a
specific conditions that are or would be
• Nominations must include a final rule by January 2018.
hazardous to life, property, or the Regarding the manner in which non-
current, complete résumé including
environment. This Notice also informs mandatory sections of the RPs were
current business address and/or home
operators of the availability of further made mandatory by the IFR, the
address, telephone number, email
guidance on implementation to help petitioners expressed concern that, in
address, education, professional or
operators develop assessment schedules certain instances, treating non-
business experience, present
and carry out compliance programs. mandatory practices as mandatory could
occupation, and membership on other
advisory committees past or present) for FOR FURTHER INFORMATION CONTACT: result in unnecessary burdens for
each nominee. Byron Coy, Senior Technical Advisor, operators. During the 60-day public
• Each nominee must meet the Pipeline Safety Policy and Programs, by comment period on the IFR, PHMSA
sradovich on DSK3GMQ082PROD with NOTICES
training, education, or experience telephone at 609–771–7810 or by email received similar comments to those
requirements listed under section II at byron.coy@dot.gov. raised in the petition on this issue.
above. SUPPLEMENTARY INFORMATION: On PHMSA understands these concerns
• Nominations must also specify the December 19, 2016, (81 FR 91860) and is reviewing the treatment of non-
advisory committee for which the PHMSA published an IFR titled ‘‘Safety mandatory provisions as mandatory and
nominee is recommended (the GPAC or of Underground Natural Gas Storage will respond to these points in a final
LPAC). Facilities.’’ PHMSA issued this IFR in rule.
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![Federal Register / Vol. 82, No. 117 / Tuesday, June 20, 2017 / Notices 28225
In the meantime, PHMSA will not DEPARTMENT OF THE TREASURY Cartago, Colombia; Paseo 5 de Julio,
issue any enforcement citations to Barrio Libertad, Municipio Bolivar,
operators for non-compliance with any Office of Foreign Assets Control Tachira, Venezuela; Caracas, Venezuela;
provisions that are non-mandatory in Paseo 5 de Julio, Barrio Libertad, San
Sanctions Actions Pursuant to the Antonio, Tachira, Venezuela; Calle 30
the RPs until at least one year following
Foreign Narcotics Kingpin Designation No. 3B–45, La Campina, Pereira,
publication of a final rule. During the
Act or Executive Order 12978 Risaralda, Colombia; Calle 14 No. 30–
same time period, PHMSA will not
issue enforcement citations to operators AGENCY: Office of Foreign Assets 153, Medellin, Antioquia, Colombia;
for non-compliance with the Control, Department of the Treasury. DOB 22 Feb 1966; alt. DOB 16 Sep 1965;
POB Toro, Valle, Colombia; Cedula No.
requirement to justify and document ACTION: Notice.
18505378 (Colombia); alt. Cedula No.
deviations from the non-mandatory
SUMMARY: The U.S. Department of the 21171060 (Venezuela); alt. Cedula No.
provisions. PHMSA does intend, 12773520 (Venezuela); alt. Cedula No.
however, to retain and enforce the other Treasury’s Office of Foreign Assets
Control (OFAC) is publishing the names 94318435 (Colombia); Passport
compliance deadlines in the IFR, AE533626 (Colombia); alt. Passport
of persons whose property and interests
including the requirement that operators AG496255 (Colombia); alt. Passport
in property have been unblocked
of existing underground gas storage 18505378 (Colombia); alt. Passport
pursuant to the Foreign Narcotics
facilities develop, by January 18, 2018, AC635727 (Colombia) (individual)
Kingpin Designation Act (Kingpin Act)
policies and procedures to implement or Executive Order 12978 of October 21, [SDNT].
those sections of the RPs that are 1995, ‘‘Blocking Assets and Prohibiting 2. CALLE QUIROS, Luis Santiago,
identified as mandatory in the actual Transactions With Significant Narcotics Madrid, Spain; Lima, Peru; DOB 22 Jul
RPs. Traffickers’’. Additionally, OFAC is 1965; POB Madrid, Spain; citizen Spain;
Notwithstanding this stay of publishing an update to the identifying alt. citizen Peru; D.N.I. 01927713–Z
information of persons currently (Spain); alt. D.N.I. 10831176–8 (Peru)
enforcement, nothing in this Notice is
included in the list of Specially (individual) [SDNTK] (Linked To:
intended to prevent or discourage an
Designated Nationals and Blocked TEXTIMAX SPAIN S.L.; Linked To:
operator from carrying out any CASTIZAL MADRILENA S.L.; Linked
recommended practice that is non- Persons (SDN List).
To: INMOBILIARIA CASTIZAL S.A.C.;
mandatory in the RPs if the operator DATES: OFAC’s actions described in this Linked To: UCALSA PERU S.A.).
determines that the recommended notice were effective on June 14, 2017. 3. JIMENEZ URREGO, Luz Marina, c/
practice needs to be followed to ensure FOR FURTHER INFORMATION CONTACT: o C.I. STONES AND BYPRODUCTS
the safe operation of its facilities. OFAC: Associate Director for Global TRADING S.A., Bogota, Colombia; c/o
Finally, PHMSA reserves the right to Targeting, tel: 202–622–2420; Assistant C.I. AGROINDUSTRIAL DE MATERIAS
exercise its authorities separate and Director for Licensing, tel.: 202–622– PRIMAS ORGANICAS LTDA, Bogota,
apart from the IFR, if necessary, to 2480, Assistant Director for Regulatory Colombia; c/o MERCADO DE VALORES
Affairs, tel.: 202–622–4855, Assistant INTEGRADOS LTDA, Bogota, Colombia;
address any pipeline facility, including
Director for Sanctions Compliance & c/o JUAN SEBASTIAN Y CAMILA
any underground gas storage facility,
Evaluation, tel.: 202–622–2490; or the ANDREA JIMENEZ RAMIREZ Y CIA
found to be an imminent hazard under
Department of the Treasury’s Office of S.C.S., Bogota, Colombia; c/o
49 U.S.C. 60117(o) or to order corrective the General Counsel: Office of the Chief COMUNICACIONES ELYON, Bogota,
actions where the operation of such Counsel (Foreign Assets Control), tel.: Colombia; DOB 05 Feb 1962; citizen
facility is or would be hazardous to life, 202–622–2410. Colombia; Cedula No. 39526273
property, or the environment under 49 (Colombia); Passport AJ582409
SUPPLEMENTARY INFORMATION:
U.S.C. 60112. This exercise of PHMSA’s (Colombia) (individual) [SDNTK].
enforcement discretion does not affect Electronic Availability 4. FAJARDO HERNANDEZ, Gloria
any other obligations that operators may The list of Specially Designated Elena, c/o AGROPECUARIA EL NILO
have under the pipeline safety Nationals and Blocked Persons (SDN S.A., La Union, Valle, Colombia; c/o
regulations or any other applicable law. List) and additional information INDUSTRIAS DEL ESPIRITU SANTO
Regarding the implementation periods concerning OFAC sanctions programs S.A., Malambo, Atlantico, Colombia; c/
discussed above, PHMSA has recently are available on OFAC’s Web site at o DOXA S.A., La Union, Valle,
published informal guidance in the form http://www.treasury.gov/ofac. Colombia; c/o FUNDACION CENTRO
of Frequently Asked Questions (FAQs) DE INVESTIGACION
Notice of OFAC Actions
which can be found at https:// HORTIFRUTICOLA DE COLOMBIA, La
On June 14, 2017, OFAC removed Union, Valle, Colombia; Cedula No.
primis.phmsa.dot.gov/ung/faqs.htm.
from the SDN List the persons listed 29926353 (Colombia) (individual)
The FAQs explain PHMSA’s below, whose property and interests in [SDNT].
expectations for the timing of property were blocked pursuant to the 5. GALLEGO ORREGO, Margarita
implementing the RPs. Kingpin Act or Executive Order 12978. Zulay; DOB 18 Oct 1953; POB Yolombo,
Issued in Washington, DC, on June 15,
Individuals Antioquia, Colombia; citizen Colombia;
2017, under authority delegated in 49 CFR Cedula No. 32334460 (Colombia)
1.97. 1. SABOGAL ZULUAGA, Orlando (individual) [SDNTK] (Linked To:
(a.k.a. CONTRERAS VIVAS, Juan Pablo;
sradovich on DSK3GMQ082PROD with NOTICES
Alan K. Mayberry, ENVIGADO FUTBOL CLUB S.A.;
a.k.a. GUILLEN JIMENEZ, Carlos Linked To: CAFETERIA ENVICENTRO;
Associate Administrator for Pipeline Safety.
Alberto; a.k.a. SABOGAL, Alberto; a.k.a. Linked To: TIENDAS MARGOS).
[FR Doc. 2017–12806 Filed 6–19–17; 8:45 am]
SALAZAR QUINTERO, Carlos Alberto;
BILLING CODE 4910–60–P a.k.a. ‘‘CAREQUESO’’; a.k.a. ‘‘EL MONO Entities
SABOGAL’’), c/o ORLANDO SABOGAL 1. C.I. AGROINDUSTRIAL DE
ZULUAGA E HIJOS & CIA S EN C, MATERIAS PRIMAS ORGANICAS
Colombia; Calle 18 No. 5N–21, Apt. 302, LTDA (a.k.a. C.I. PRORGANICAS
VerDate Sep<11>2014 18:01 Jun 19, 2017 Jkt 241001 PO 00000 Frm 00183 Fmt 4703 Sfmt 4703 E:\FR\FM\20JNN1.SGM 20JNN1](https://thefederalregister.org/doc/82_FR_28341/page/2.svg)
Document Created: 2017-06-20 02:20:52
Document Modified: 2017-06-20 02:20:52
| 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. | |
| Contact | Byron Coy, Senior Technical Advisor, Pipeline Safety Policy and Programs, by telephone at 609-771-7810 or by email at [email protected] | |
| FR Citation | 82 FR 28224 |
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