83_FR_57609 83 FR 57388 - Pipeline Safety: Guidance on the Extension of the 7-year Integrity Management Reassessment Interval by 6 Months

83 FR 57388 - Pipeline Safety: Guidance on the Extension of the 7-year Integrity Management Reassessment Interval by 6 Months

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration

Federal Register Volume 83, Issue 221 (November 15, 2018)

Page Range57388-57389
FR Document2018-24774

PHMSA is publishing this document to seek public comments on frequently asked questions (FAQs) developed to provide guidance on what constitutes sufficient justification for an operator to request a 6- month extension to a gas pipeline's 7-year integrity management reassessment interval. This guidance, which consists of one revised and two new FAQs, will implement authority granted by Congress in Section 5(e) of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (2011 Act).

Federal Register, Volume 83 Issue 221 (Thursday, November 15, 2018)
[Federal Register Volume 83, Number 221 (Thursday, November 15, 2018)]
[Proposed Rules]
[Pages 57388-57389]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-24774]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 192

[Docket No. PHMSA-2018-0073]


Pipeline Safety: Guidance on the Extension of the 7-year 
Integrity Management Reassessment Interval by 6 Months

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA); 
DOT.

ACTION: Request for comments.

-----------------------------------------------------------------------

SUMMARY: PHMSA is publishing this document to seek public comments on 
frequently asked questions (FAQs) developed to provide guidance on what 
constitutes sufficient justification for an operator to request a 6-
month extension to a gas pipeline's 7-year integrity management 
reassessment interval. This guidance, which consists of one revised and 
two new FAQs, will implement authority granted by Congress in Section 
5(e) of the Pipeline Safety, Regulatory Certainty, and Job Creation Act 
of 2011 (2011 Act).

DATES: Interested persons are invited to submit comments on or before 
December 17, 2018.

ADDRESSES: Comments should reference Docket No. PHMSA-2018-0073 and may 
be submitted in the following ways:
    E-gov website: http://www.regulations.gov. This site allows the 
public to enter comments on any Federal Register document issued by any 
agency.
    Fax: (202) 493-2251.
    Mail: Docket Management Facility; U.S. Department of Transportation 
(DOT), 1200 New Jersey Avenue SE, West Building, Room W12-140, 
Washington, DC 20590-0001.
    Hand Delivery: Room W12-140 on the ground level of the DOT's West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590-0001, Monday 
through Friday between 9 a.m. and 5 p.m. Eastern Standard Time (EST), 
except Federal holidays.
    Instructions: Identify the docket number, PHMSA-2018-0073, at the 
beginning of your comments. Please note that all comments received will 
be posted without change to http://www.regulations.gov, including any 
personal information provided. Anyone may search the electronic form of 
comments received for PHMSA dockets. You may review the DOT's complete 
Privacy Act Statement, 65 FR 19476, which was published in the Federal 
Register on April 11, 2000.
    Docket: For access to the docket or to read background documents or 
comments, go to http://www.regulations.gov at any time. You may also 
visit Room W12-140 on the ground level of the DOT's West Building, 
located at 1200 New Jersey Avenue SE, Washington, DC 20590-0001, Monday 
through Friday between 9 a.m. and 5 p.m. EST, except Federal holidays. 
If you wish to receive confirmation of receipt of your written 
comments, please include a stamped, self-addressed postcard with the 
following statement: ``Comments on PHMSA-2018-0073.'' The docket clerk 
will date stamp the postcard prior to returning it to you via the mail. 
Please note that, due to delays in the delivery of U.S. mail to Federal 
offices in Washington, DC, we recommend that you consider an 
alternative method (internet, fax, or professional delivery service) 
for submitting comments to the docket and ensuring their timely 
delivery to the DOT.
    Note: Privacy Act Statement: the DOT may solicit comments from the 
public regarding certain general notices. The DOT posts these comments 
without edit, including any personal information the commenter 
provides, to www.regulations.gov, as described in the system of records 
notice (DOT/ALL-14 FDMS). This document can be reviewed at www.dot.gov/privacy.

FOR FURTHER INFORMATION CONTACT: 
    General: Ms. Nancy White by telephone at 202-366-1419, or email at 
nancy.white@dot.gov.
    Technical: Mr. Kenneth Lee by telephone at 202-366-2694, or email 
at kenneth.lee@dot.gov.

SUPPLEMENTARY INFORMATION: Congress made several amendments to the 
pipeline safety statutes in the Pipeline Safety, Regulatory Certainty, 
and Job Creation Act of 2011 (the 2011 Act). The Secretary of 
Transportation (the Secretary) has delegated to PHMSA the 
responsibility for implementing the changes resulting from the 2011 
Act. Section 5, ``Integrity Management,'' paragraph (e), of the 2011 
Act made a technical correction to the Federal pipeline safety statutes 
regarding the performance of integrity management assessments. As part 
of an operator's integrity management program, operators must assess 
pipelines in high-consequence areas for defects and anomalies at a 
minimum of once every 7 years. The technical correction clarified that 
the Secretary may extend such deadlines by an additional 6 months if 
the operator submits written notice to the Secretary with sufficient

[[Page 57389]]

justification of the need for the extension.
    To implement this authority, PHMSA is issuing guidance on what 
constitutes sufficient justification to extend a gas pipeline 
operator's 7-year integrity management reassessment interval by up to 6 
months if the operator submits written notice. PHMSA invites interested 
individuals to participate by reviewing the FAQs provided below and 
submitting written comments, data, or other information. Please include 
any comments on potential safety and environmental impacts that may 
result from issuance of the FAQs. Before finalizing the FAQs, PHMSA 
will evaluate all comments received on or before the comment closing 
date. PHMSA will consider all relevant comments we receive prior to the 
deadline when making changes to the final FAQs. Comments received after 
the closing date will be evaluated to the extent practicable.
    Once finalized, PHMSA's FAQs will be posted on PHMSA's public 
website at https://primis.phmsa.dot.gov/gasimp/faqs.htm:
    Guidance on the Extension of the 7-year Integrity Management 
Reassessment Interval by 6 Months (FAQs):
     NEW FAQ-281. How do I extend the assessment schedule 
beyond 7 years?
    Notify PHMSA, in accordance with 49 CFR 192.949, of the need for an 
extension, which may not exceed 6 months. The notification must be made 
180 days prior to end of the 7-year assessment date and include 
sufficient information to justify the extension.
     NEW FAQ-282. What constitutes sufficient information to 
justify extension of the assessment interval?
    Documentation is required to comply with 49 CFR 192.943 and 
include:

--An explanation as to why the deadline could not be met and how it 
will not compromise safety, and
--Identification of any additional actions necessary to ensure public 
safety during the extension time period.

     REVISED FAQ-207. Table 3 of ASME/ANSI B31.8S indicates 
that reassessment intervals must be 5 years for some instances in which 
test pressure was higher than would be required by subpart J. If I 
conduct my assessments in accordance with Subpart J, must I reassess 
more frequently than once every 7 years?
    Section 192.939(a)(1) specifies requirements for establishing 
reassessment intervals. Two options are allowed: (i) Basing the 
interval on identified threats, assessment results, data integration, 
and risk analysis, or (ii) using the intervals specified in Table 3 of 
ASME/ANSI B31.8S. An operator using the former option (Sec.  
192.939(a)(1)(i)) could establish intervals longer than those in Table 
3. The intervals that can be established by either method are limited 
to the maximum intervals in the table in Sec.  192.939.
    Pressure tests used as integrity management assessments must meet 
the requirements of Subpart J, including required test pressures. 
Higher test pressures must be used to justify extended reassessment 
intervals (Sec.  192.937(c)(2)). As used here ``extended reassessment 
intervals'' refers to any interval longer than 7 years as required by 
Sec. Sec.  192.937(a) and 192.939(a) and (b).
    Operators conducting assessments by pressure testing and who use 
test pressures meeting Subpart J requirements may establish a 
reassessment interval of 7 years, unless their analysis under Sec.  
192.939(a)(i) indicates a need for a shorter interval. This is true 
even if Table 3 would lead to a shorter interval.
    Operators who use Table 3 test pressures may establish reassessment 
intervals in accordance with Table 3 up to the maximums listed in the 
table in Sec.  192.939, again unless their analysis under Sec.  
192.939(a)(i) indicates a need for a shorter interval. Operators who 
establish intervals longer than 7 years must conduct a confirmatory 
direct assessment within the 7-year period. (For segments operating at 
less than 30% specified maximum yield strength, a low-stress 
reassessment per Sec.  192.941 may be conducted in lieu of confirmatory 
direct assessment--see Sec.  192.939(b)(1)).
    PHMSA may extend the 7-year interval for an additional 6 months if 
the operator submits written notice that includes sufficient 
justification regarding the need for an extension (Reference FAQ-281 
and 282).

    Issued in Washington, DC, on November 7, 2018, under authority 
delegated in 49 CFR 1.97.
Alan K. Mayberry,
Associate Administrator for Pipeline Safety.
[FR Doc. 2018-24774 Filed 11-14-18; 8:45 am]
 BILLING CODE 4910-60-P



                                                57388               Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Proposed Rules

                                                   Each commenter will have 5 minutes                   DEPARTMENT OF TRANSPORTATION                             Docket: For access to the docket or to
                                                to provide oral testimony. The EPA                                                                            read background documents or
                                                encourages commenters to provide the                    Pipeline and Hazardous Materials                      comments, go to http://
                                                EPA with a copy of their oral testimony                 Safety Administration                                 www.regulations.gov at any time. You
                                                electronically (via email) or in hard                                                                         may also visit Room W12–140 on the
                                                copy form.                                              49 CFR Part 192                                       ground level of the DOT’s West
                                                                                                        [Docket No. PHMSA–2018–0073]                          Building, located at 1200 New Jersey
                                                   The EPA may ask clarifying questions
                                                                                                                                                              Avenue SE, Washington, DC 20590–
                                                during the oral presentations but will                                                                        0001, Monday through Friday between
                                                                                                        Pipeline Safety: Guidance on the
                                                not respond to the presentations at that                                                                      9 a.m. and 5 p.m. EST, except Federal
                                                                                                        Extension of the 7-year Integrity
                                                time. Written statements and supporting                 Management Reassessment Interval by                   holidays. If you wish to receive
                                                information submitted during the                        6 Months                                              confirmation of receipt of your written
                                                comment period will be considered                                                                             comments, please include a stamped,
                                                with the same weight as oral comments                   AGENCY:  Pipeline and Hazardous                       self-addressed postcard with the
                                                and supporting information presented at                 Materials Safety Administration                       following statement: ‘‘Comments on
                                                the public hearing. Commenters should                   (PHMSA); DOT.                                         PHMSA–2018–0073.’’ The docket clerk
                                                notify Virginia Hunt if there are special               ACTION: Request for comments.                         will date stamp the postcard prior to
                                                needs related to providing comments at                  SUMMARY:    PHMSA is publishing this                  returning it to you via the mail. Please
                                                the hearing. Verbatim transcripts of the                document to seek public comments on                   note that, due to delays in the delivery
                                                hearing and written statements will be                  frequently asked questions (FAQs)                     of U.S. mail to Federal offices in
                                                included in the docket for the                          developed to provide guidance on what                 Washington, DC, we recommend that
                                                rulemaking.                                             constitutes sufficient justification for an           you consider an alternative method
                                                   Please note that any updates made to                 operator to request a 6-month extension               (internet, fax, or professional delivery
                                                any aspect of the hearing will be posted                to a gas pipeline’s 7-year integrity                  service) for submitting comments to the
                                                                                                        management reassessment interval. This                docket and ensuring their timely
                                                online at https://www.epa.gov/
                                                                                                        guidance, which consists of one revised               delivery to the DOT.
                                                stationary-sources-air-pollution/forms/
                                                public-hearing-proposal-adopt-subpart-                  and two new FAQs, will implement                         Note: Privacy Act Statement: the DOT
                                                ba-requirements. While the EPA expects                  authority granted by Congress in Section              may solicit comments from the public
                                                                                                        5(e) of the Pipeline Safety, Regulatory               regarding certain general notices. The
                                                the hearing to go forward as set forth
                                                                                                        Certainty, and Job Creation Act of 2011               DOT posts these comments without
                                                above, please monitor our website or
                                                                                                        (2011 Act).                                           edit, including any personal information
                                                contact Virginia Hunt at (919) 541–0832                                                                       the commenter provides, to
                                                or hunt.virginia@epa.gov to determine if                DATES: Interested persons are invited to
                                                                                                        submit comments on or before                          www.regulations.gov, as described in
                                                there are any updates. The EPA does not                                                                       the system of records notice (DOT/ALL–
                                                intend to publish a document in the                     December 17, 2018.
                                                                                                        ADDRESSES: Comments should reference
                                                                                                                                                              14 FDMS). This document can be
                                                Federal Register announcing updates.                                                                          reviewed at www.dot.gov/privacy.
                                                                                                        Docket No. PHMSA–2018–0073 and
                                                   The EPA will not provide audiovisual                 may be submitted in the following ways:               FOR FURTHER INFORMATION CONTACT:
                                                equipment for presentations unless we                      E-gov website: http://                                General: Ms. Nancy White by
                                                receive special requests in advance.                    www.regulations.gov. This site allows                 telephone at 202–366–1419, or email at
                                                Commenters should notify Virginia                       the public to enter comments on any                   nancy.white@dot.gov.
                                                Hunt when they pre-register to speak                    Federal Register document issued by                      Technical: Mr. Kenneth Lee by
                                                that they will need specific equipment.                 any agency.                                           telephone at 202–366–2694, or email at
                                                If you require the service of a translator                 Fax: (202) 493–2251.                               kenneth.lee@dot.gov.
                                                or special accommodations such as                          Mail: Docket Management Facility;
                                                audio description, please pre-register for              U.S. Department of Transportation                     SUPPLEMENTARY INFORMATION:      Congress
                                                the hearing and describe your needs by                  (DOT), 1200 New Jersey Avenue SE,                     made several amendments to the
                                                November 21, 2018. We may not be able                   West Building, Room W12–140,                          pipeline safety statutes in the Pipeline
                                                to arrange accommodations without                       Washington, DC 20590–0001.                            Safety, Regulatory Certainty, and Job
                                                                                                           Hand Delivery: Room W12–140 on the                 Creation Act of 2011 (the 2011 Act). The
                                                advanced notice.
                                                                                                        ground level of the DOT’s West                        Secretary of Transportation (the
                                                  Dated: November 9, 2018.                              Building, 1200 New Jersey Avenue SE,                  Secretary) has delegated to PHMSA the
                                                Panagiotis Tsirigotis,                                  Washington, DC 20590–0001, Monday                     responsibility for implementing the
                                                Director, Office of Air Quality Planning and            through Friday between 9 a.m. and 5                   changes resulting from the 2011 Act.
                                                Standards.                                              p.m. Eastern Standard Time (EST),                     Section 5, ‘‘Integrity Management,’’
                                                [FR Doc. 2018–24964 Filed 11–14–18; 8:45 am]            except Federal holidays.                              paragraph (e), of the 2011 Act made a
                                                BILLING CODE 6560–50–P
                                                                                                           Instructions: Identify the docket                  technical correction to the Federal
                                                                                                        number, PHMSA–2018–0073, at the                       pipeline safety statutes regarding the
                                                                                                        beginning of your comments. Please                    performance of integrity management
                                                                                                        note that all comments received will be               assessments. As part of an operator’s
                                                                                                        posted without change to http://                      integrity management program,
khammond on DSK30JT082PROD with PROPOSAL




                                                                                                        www.regulations.gov, including any                    operators must assess pipelines in high-
                                                                                                        personal information provided. Anyone                 consequence areas for defects and
                                                                                                        may search the electronic form of                     anomalies at a minimum of once every
                                                                                                        comments received for PHMSA dockets.                  7 years. The technical correction
                                                                                                        You may review the DOT’s complete                     clarified that the Secretary may extend
                                                                                                        Privacy Act Statement, 65 FR 19476,                   such deadlines by an additional 6
                                                                                                        which was published in the Federal                    months if the operator submits written
                                                                                                        Register on April 11, 2000.                           notice to the Secretary with sufficient


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                                                                    Federal Register / Vol. 83, No. 221 / Thursday, November 15, 2018 / Proposed Rules                                         57389

                                                justification of the need for the                       identified threats, assessment results,               DEPARTMENT OF COMMERCE
                                                extension.                                              data integration, and risk analysis, or (ii)
                                                   To implement this authority, PHMSA                   using the intervals specified in Table 3              National Oceanic and Atmospheric
                                                is issuing guidance on what constitutes                 of ASME/ANSI B31.8S. An operator                      Administration
                                                sufficient justification to extend a gas                using the former option
                                                pipeline operator’s 7-year integrity                    (§ 192.939(a)(1)(i)) could establish                  50 CFR Part 648
                                                management reassessment interval by                     intervals longer than those in Table 3.
                                                up to 6 months if the operator submits                  The intervals that can be established by              [Docket No. 180906820–8820–01]
                                                written notice. PHMSA invites                           either method are limited to the
                                                interested individuals to participate by                maximum intervals in the table in                     RIN 0648–BI48
                                                reviewing the FAQs provided below and                   § 192.939.
                                                submitting written comments, data, or                                                                         Fisheries of the Northeastern United
                                                other information. Please include any                      Pressure tests used as integrity                   States; Summer Flounder, Scup, and
                                                comments on potential safety and                        management assessments must meet the                  Black Sea Bass Fisheries; 2019
                                                environmental impacts that may result                   requirements of Subpart J, including                  Specifications
                                                from issuance of the FAQs. Before                       required test pressures. Higher test
                                                finalizing the FAQs, PHMSA will                         pressures must be used to justify                     AGENCY:  National Marine Fisheries
                                                evaluate all comments received on or                    extended reassessment intervals                       Service (NMFS), National Oceanic and
                                                before the comment closing date.                        (§ 192.937(c)(2)). As used here                       Atmospheric Administration (NOAA),
                                                PHMSA will consider all relevant                        ‘‘extended reassessment intervals’’                   Commerce.
                                                comments we receive prior to the                        refers to any interval longer than 7 years            ACTION: Proposed rule; request for
                                                deadline when making changes to the                     as required by §§ 192.937(a) and                      comments.
                                                final FAQs. Comments received after the                 192.939(a) and (b).
                                                closing date will be evaluated to the                                                                         SUMMARY:   NMFS proposes 2019
                                                                                                           Operators conducting assessments by                specifications for the summer flounder
                                                extent practicable.
                                                   Once finalized, PHMSA’s FAQs will                    pressure testing and who use test                     and black sea bass fisheries and
                                                be posted on PHMSA’s public website at                  pressures meeting Subpart J                           maintains previously established 2019
                                                https://primis.phmsa.dot.gov/gasimp/                    requirements may establish a                          specifications for the scup fishery.
                                                faqs.htm:                                               reassessment interval of 7 years, unless              Additionally, this action proposes to
                                                   Guidance on the Extension of the 7-                  their analysis under § 192.939(a)(i)                  reopen the February 2018 black sea bass
                                                year Integrity Management                               indicates a need for a shorter interval.              recreational fishery and to adjust to the
                                                Reassessment Interval by 6 Months                       This is true even if Table 3 would lead               current commercial incidental
                                                (FAQs):                                                 to a shorter interval.                                possession limit for scup. The
                                                   • NEW FAQ–281. How do I extend                          Operators who use Table 3 test
                                                                                                                                                              implementing regulations for the
                                                the assessment schedule beyond 7                                                                              Summer Flounder, Scup, and Black Sea
                                                                                                        pressures may establish reassessment
                                                years?                                                                                                        Bass Fishery Management Plan require
                                                                                                        intervals in accordance with Table 3 up               us to publish specifications for the
                                                   Notify PHMSA, in accordance with 49                  to the maximums listed in the table in
                                                CFR 192.949, of the need for an                                                                               upcoming fishing year for each of these
                                                                                                        § 192.939, again unless their analysis                species and to provide an opportunity
                                                extension, which may not exceed 6
                                                                                                        under § 192.939(a)(i) indicates a need                for public comment. This action is
                                                months. The notification must be made
                                                                                                        for a shorter interval. Operators who                 intended to inform the public of the
                                                180 days prior to end of the 7-year
                                                assessment date and include sufficient                  establish intervals longer than 7 years               proposed specifications and
                                                information to justify the extension.                   must conduct a confirmatory direct                    management measures for the start of
                                                   • NEW FAQ–282. What constitutes                      assessment within the 7-year period.                  the 2019 fishing year for these three
                                                sufficient information to justify                       (For segments operating at less than                  species.
                                                extension of the assessment interval?                   30% specified maximum yield strength,
                                                                                                                                                              DATES:  Comments must be received on
                                                   Documentation is required to comply                  a low-stress reassessment per § 192.941               or before November 30, 2018.
                                                with 49 CFR 192.943 and include:                        may be conducted in lieu of
                                                                                                                                                              ADDRESSES: An environmental
                                                —An explanation as to why the                           confirmatory direct assessment—see
                                                                                                                                                              assessment (EA) was prepared for this
                                                   deadline could not be met and how it                 § 192.939(b)(1)).
                                                                                                                                                              action that describes the proposed
                                                   will not compromise safety, and                         PHMSA may extend the 7-year                        measures and other considered
                                                —Identification of any additional                       interval for an additional 6 months if                alternatives, and provides an analysis of
                                                   actions necessary to ensure public                   the operator submits written notice that              the impacts of the proposed measures
                                                   safety during the extension time                     includes sufficient justification                     and alternatives. Copies of the Summer
                                                   period.                                              regarding the need for an extension                   Flounder, Scup, and Black Sea Bass
                                                   • REVISED FAQ–207. Table 3 of                        (Reference FAQ–281 and 282).                          2019 Specifications, including the EA,
                                                ASME/ANSI B31.8S indicates that                           Issued in Washington, DC, on November 7,            are available on request from Dr.
                                                reassessment intervals must be 5 years                  2018, under authority delegated in 49 CFR             Christopher M. Moore, Executive
                                                for some instances in which test                        1.97.                                                 Director, Mid-Atlantic Fishery
                                                pressure was higher than would be                                                                             Management Council, Suite 201, 800
khammond on DSK30JT082PROD with PROPOSAL




                                                                                                        Alan K. Mayberry,
                                                required by subpart J. If I conduct my                                                                        North State Street, Dover, DE 19901.
                                                assessments in accordance with Subpart                  Associate Administrator for Pipeline Safety.          These documents are also accessible via
                                                J, must I reassess more frequently than                 [FR Doc. 2018–24774 Filed 11–14–18; 8:45 am]          the internet at http://www.mafmc.org/s/
                                                once every 7 years?                                     BILLING CODE 4910–60–P                                SFSBSB_2019_specs_EA.pdf.
                                                   Section 192.939(a)(1) specifies                                                                               You may submit comments on this
                                                requirements for establishing                                                                                 document, identified by NOAA–NMFS–
                                                reassessment intervals. Two options are                                                                       2018–0110, by either of the following
                                                allowed: (i) Basing the interval on                                                                           methods:


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Document Created: 2018-11-15 04:00:59
Document Modified: 2018-11-15 04:00:59
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for comments.
DatesInterested persons are invited to submit comments on or before December 17, 2018.
ContactGeneral: Ms. Nancy White by telephone at 202-366-1419, or email at [email protected]
FR Citation83 FR 57388 

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