[Federal Register: October 28, 2004 (Volume 69, Number 208)]
[Notices]
[Page 62930-62934]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28oc04-105]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration (RSPA)
[Docket No. RSPA-04-19408]
Pipeline Safety: Public Meetings on Pipeline Safety Issues
AGENCY: Office of Pipeline Safety, Research and Special Programs
Administration, DOT.
ACTION: Notice; four public meetings.
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SUMMARY: The Research and Special Programs Administration's (RSPA)
Office of Pipeline Safety (OPS) is sponsoring four public meetings on
the following pipeline safety topics: Enhancing Integrity Management of
Gas Distribution Pipelines; Communicating with the Public; Updates on
Pipeline Drug and Alcohol Program; and Updates on Pipeline Operator
Qualification Program Implementation and Standards Development. The
meetings will be held on December 14, 16, and 17, 2004, in Washington,
DC.
[[Page 62931]]
These meetings will provide detailed review and discussion on the above
topics and will provide the public an opportunity to give comments.
ADDRESSES: The meetings are open to all. There is no cost to attend.
The meetings will be held at the Marriott Washington, 1221 22nd Street,
NW., Washington, DC. The phone number for Marriott reservations is 1-
800-228-9290. Reservations by attendees must be received on or before
November 22. Priority is given to members of the pipeline safety
advisory committees and State pipeline safety representatives for the
block of rooms reserved for the Department of Transportation. Any
additional information or changes will be posted on the OPS Web page
approximately 15 days before the meeting date at http://ops.dot.gov.
DATES: The public meetings will be held Tuesday, December 14, Thursday,
December 16, and Friday, December 17, 2004. Meetings of the pipeline
safety advisory committees are scheduled for December 14 and 15. A
separate notice has been prepared for the Committee meetings.
FOR FURTHER INFORMATION CONTACT: Cheryl Whetsel, RSPA/OPS, (202) 366-
4431 or Richard Huriaux, RSPA/OPS, (202) 366-4565, regarding the
subject matter of this notice.
Information on Services for Individuals With Disabilities
For information on facilities or services for individuals with
disabilities or to request special assistance at the meeting, contact
Jean Milam at (202) 493-0967.
SUPPLEMENTARY INFORMATION:
RSPA/OPS invites public participation in four public meetings to be
held as follows:
1. Tuesday, December 14--1 p.m. to 5 p.m.--Communicating with the
Public.
2. Thursday, December 16--8:30 a.m. to 4 p.m.--Enhancing Integrity
Management of Gas Distribution Pipelines.
3. Thursday, December 16--4 p.m. to 5 p.m.--Updates on Pipeline
Drug and Alcohol Program.
4. Friday, December 17--8:30 a.m. to 12:30 p.m.--Updates on
Operator Qualification Program Implementation and Standards
Development.
1. Public Meeting: Communicating With the Public
RSPA/OPS will hold a public meeting on Communicating with the
Public from 1 p.m. to 5 p.m. on Tuesday, December 14.
Incorporating API RP 1162
On June 24, 2004, RSPA/OPS published a Notice of Proposed
Rulemaking (NPRM) in the Federal Register (60 FR 35279) to require all
pipeline operators to develop and implement public communications
programs. The proposed rule requires that these programs be based on
the provisions of a recently completed national consensus standard, API
Recommended Practice (RP) 1162, Public Awareness Programs for Pipeline
Operators. RSPA/OPS worked with its State partners and the National
Association of Pipeline Safety Representatives (NAPSR) in developing
the proposed rule.
At the public meeting on December 14 RSPA/OPS will discuss its
analysis of comments received in response to the NPRM. These comments
are accessible in Docket No. RSPA-03-15852 on the DOT Dockets
Management System (DMS) Web site at http://dms.dot.gov.
Numerous comments to the docket on the proposed NPRM raised
questions relating to the regulator's use of language in consensus
standards that employ the words ``should'' and ``shall''. RSPA/OPS
intends to lay out its position on this pivotal issue and the history
behind its many previous regulatory actions incorporating national
consensus standards. In short, national consensus standards provide a
clear consensus on what prudent operators would do to manage the aspect
of their business governed by the final standard. Any use of the word
``shall'' means exactly that--the operator shall do as prescribed in
the standard. Any use of the word ``should'' places an onus on any
operator who deviates from the standard to document and prove the
effectiveness of its alternative actions taken to comply with related
provisions of the standard. This interpretation of ``should'' enables
operators to innovate and seek efficiencies--as long as they can
demonstrate that their alternative is at least as effective as the
action required by the standard incorporated by reference. This matter
will be discussed in detail in the public meeting.
RSPA/OPS will also discuss and solicit comments on its plans to
meet its statutory responsibility to review the communications programs
of pipeline operators. The United States Senate Appropriations
Committee has proposed a budget increase to fund a central review
clearinghouse, but that model is contingent on availability of
financial resources. Other models for review of communications plans
will also be discussed at the public meeting.
Crisis Communication
RSPA/OPS will also discuss ``crisis communications'' procedures
used by pipeline operators and government. RSPA/OPS and the pipeline
industry agree that all parties involved in pipeline safety should be
prepared to adequately respond to a crisis and communicate with the
public and other audiences as the crisis unfolds. To promote certain
expectations in crisis management performance, the pipeline industry
and RSPA/OPS first need to understand current industry and government
practices for crisis communications management. This assessment will
include Federal, State and local regulators, emergency responders, the
public, the media, elected officials, industry organizations and their
entities. The specific focus of this assessment is to identify and
evaluate current practices for emergency response communications among
the identified target groups. This initial assessment will yield the
procedures and materials necessary to conduct a case study assessing a
pipeline operator's ability to manage crisis communications during a
critical event.
Information Grants to Communities
A brief discussion will be held to provide an update on how RSPA/
OPS is addressing the Pipeline Safety Improvement Act (PSIA) provisions
on this subject.
2. Public Meeting: Enhancing Integrity Management of Gas Distribution
Pipelines
RSPA/OPS will hold a public meeting on Enhancing Integrity
Management of Gas Distribution Pipelines, from 8:30 a.m. to 4 p.m. on
Thursday, December 16. The nature of the specific efforts that will be
required to develop appropriate guidelines or requirements, and the
related milestones, will be determined following the discussions in the
public meeting.
The preliminary agenda at this meeting includes briefings on the
following topics:
DOT Inspector General's Report to Congress on Gas
Distribution;
AGF study on Gas Distribution;
DIGIT (Government & Industry roles);
NARUC comments on Gas Distribution Safety;
NAPSR comments on Gas Distribution Safety. This includes a
report on State requirements (beyond Federal code) and State program
initiatives such as, replacement programs, State gas association
initiatives with Public Service Commissions, etc.;
[[Page 62932]]
Differences between Distribution and Transmission
regulations;
Report on Promising Technology (R & D related work on
pipeline integrity management);
Excess Flow Valves; and,
Panel Discussion on path forward (goals, planning process,
work needed, milestones).
Gas Distribution Incidents
Pipeline accidents with significant consequences gathered attention
in recent years and prompted pipeline safety program changes. Integrity
management rules were promulgated for hazardous liquid pipelines (65 FR
75378; December 1, 2000) and for gas transmission pipelines (68 FR
69778; December 15, 2003). In testimony before the Congress on July 20,
2004, the Office of the Inspector General (OIG) reported that the
number of incidents reported on distribution systems has consistently
exceeded that on transmission systems. And, the number of fatalities
and injuries reported on distribution systems has consistently been
much higher than for transmission systems. The prevalence of incidents,
particularly those with consequences to people, makes it important that
some additional attention be paid to distribution pipeline integrity
management. RSPA/OPS agrees the safety issues posed by gas distribution
pipelines need to be addressed through appropriate integrity management
initiatives.
American Gas Foundation Study
The American Gas Foundation (AGF) commissioned a study of trends in
distribution pipeline incidents, as part of an effort to help define
what additional safety actions may be necessary. The study included a
survey of selected operators. The Distribution Infrastructure
Government-Industry Team (DIGIT) was formed to consider the AGF study,
and other information, in an attempt to jointly define an approach to
distribution pipeline integrity management. DIGIT consists of equal
numbers of industry and state regulator representatives, including
representation from large/small operators and municipal gas
distribution pipeline operators. RSPA/OPS participates in the DIGIT
meetings as an observer. We expect DIGIT to complete its review of the
AGF study by the end of calendar year 2004.
The decisions on what additional integrity management-related
requirements would be appropriate for gas distribution systems will be
made by Federal and State regulators following completion of a series
of activities or investigations initiated separately from the DIGIT
effort. RSPA/OPS has developed an action plan for assuring integrity of
gas distribution pipelines.
Differences in Gas Distribution Pipeline Systems
Ensuring the integrity of distribution pipeline systems is
different from doing so for transmission pipelines because:
Most pipe in distribution pipeline systems is small
diameter and operates at low pressure. Transmission pipelines are
generally large diameter and high pressure.
Distribution pipeline systems are a more complex network,
with frequent branching and interconnections. Transmission pipelines
generally run for many miles without such connections.
Distribution pipeline systems include a range of
materials, including a significant amount of plastic pipe. Transmission
pipelines are generally constructed of steel.
Distribution pipelines are usually difficult to take out
of service for inspection without interrupting gas service to
customers. Transmission pipelines often include loop lines and bypasses
that allow individual sections of pipe to be removed from service
temporarily.
Distribution pipeline failures tend to occur as leaks. Gas
can migrate underground, accumulating in areas remote from the leak so
that fires and explosions occur away from the pipeline. Transmission
pipelines, because of their high operating pressure, tend to fail by
rupture and the consequences occur on the pipeline.
State pipeline safety regulators regulate most
distribution pipeline systems.
Developing Gas Distribution IM Plan
A plan for assuring integrity of gas distribution pipelines must
take these differences into account. Expanding integrity management for
distribution systems beyond currently required practices requires a
thorough understanding of costs and benefits. As in our development of
integrity management (IM) requirements for gas transmission and
hazardous liquid pipelines, RSPA/OPS intends to conduct analyses and
evaluations to make decisions in the following areas in order to assure
that the approach finally developed is effective and not unreasonably
burdensome, including:
Identifying the principal threats to the integrity of
distribution pipelines;
Identifying requirements and practices that currently
exist at the State and Federal levels that support management of these
threats to integrity;
Determining whether current requirements are written
effectively to create opportunities and incentives for operators to use
existing and developing technologies to support management of the
integrity of distribution systems;
Identifying whether opportunities exist for expedited
development of new technologies supporting the assessment of gas
distribution systems;
Understanding practices beyond current requirements that
are being used by operators and what the results are;
Understanding whether there are requirements or approaches
used by one or more States which are not included in Federal statutes
but which have proven effective in managing the integrity of gas
distribution systems; and,
Identifying whether the opportunity exists to codify
currently demonstrated effective IM practices in a national consensus
standard.
The plan for developing an approach to distribution pipeline
integrity management will support RSPA/OPS and State regulators in
making these decisions. The result of implementing a plan is not known
at the outset. Achieving increased integrity of distribution pipeline
systems may involve Federal and/or State rulemaking, development of
guidance for adoption by States, publication and promotion of best
practices, national consensus standards, other actions, or some
combination of these actions.
RSPA/OPS plan includes the elements described in the chart below.
The nature of the specific efforts that will be required to develop
appropriate guidelines or requirements, and the related milestones,
will be determined after consideration of the discussion and comments
at the public meeting.
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Action Milestone
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Analyze/Evaluate Current Experience,
Requirements and Practices
Survey States to identify September 2004.
requirements and rograms beyond Federal
regulations.
[cir] Regulatory requirements in ............................
addition to Federal standards.
[cir] Programs outside of regulations. ............................
[[Page 62933]]
Analyze survey results......... October 2004.
[cir] Develop criteria for grouping ............................
States (e.g., common practices,
similar environmental conditions).
[cir] Develop ``models'' of state ............................
approaches, by group.
Analyze incident/leak performance November 2004.
by state group, identify statistically
significant differences.
Analyze and update incident/leak December 2004.
performance data nationally.
Complete American Gas Foundation December 2004.
(AGF) study.
[cir] Analyze/characterize current ............................
safety performance.
[cir] Identify regulatory and data ............................
gaps.
DIGIT \1\ review of AGF study.... January 2005.
Determine State Commission TBD.
practices currently in-place to assess
cost/benefit of distribution company
initiatives, including cost-recovery
approaches.
Establish Mechanisms for Federal/State
Management of the Plan
Conference call with NAPSR Board. October 2004.
Meeting of State Commissioners, November 2004.
RSPA/OPS, and OIG (optional).
Establish State/Federal oversight November 2004.
team.
[cir] Identify industry play role..... ............................
Increase RSPA/OPS staffing for 2005.
State program coordination.
Begin Public Dialog
Facilitate a series of Public December 16, 2004.
Meetings.
Identify stakeholders interested TBD.
in this process.
Conduct Needed Research and Development
Complete ongoing research on TBD.
application of direct assessment in
distribution environments.
Identify means to focus integrity TBD.
management.
Identify other R&D needs......... February 2005.
Collect data needed to fill TBD.
identified gaps.
Develop and Implement Approach to Assure
Distribution Integrity
Identify technical elements TBD.
applicable to distribution.
[cir] Review current IM rules for ............................
applicable elements.
[cir] Consider effect of new actions ............................
(e.g., excess flow valves), including
cost/benefit of these actions.
Identify need for new/revised TBD.
standards and contact consensus standards
organizations concerning new/revised
standard.
Select appropriate regulatory TBD.
approach (not necessarily mutually
exclusive).
[cir] Model regulations for state ............................
adoption.
[cir] Pilot programs.................. ............................
[cir] Federal standard, possibly ............................
including options.
[cir] Guidelines...................... ............................
[cir] Changes to state grant programs; ............................
incentives.
[cir] ``Best Practices''.............. ............................
Develop selected approach........ TBD.
Evaluate potential for cost TBD.
recovery through State Commissions.
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\1\ Distribution Infrastructure Government-Industry Team, a committee
consisting of State pipeline regulators and pipeline operators, with
RSPA/OPS participating as an observer; formed to help oversee the AGF
study.
3. Public Meeting: Updates to Pipeline Drug and Alcohol Program
RSPA/OPS will hold a public meeting on Updates on Pipeline Drug and
Alcohol Program from 4 p.m. to 5 p.m. on Thursday, December 16.
RSPA is considering a policy change. In 1993, RSPA issued a final
rule requiring annual drug testing reports and ultimately concluded,
based on industry comments, that ``requiring submission of contractor
drug testing data by operators would result in major problems such as
duplicative reporting and inaccurate data.'' At that time, RSPA
indicated that the issue of collecting contractor testing data would be
evaluated in the future. This issue was presented for discussion in a
meeting of the technical pipeline safety advisory committees held in
February 2004. Since that time, RSPA/OPS has examined statistical data
provided by two large pipeline industry consortiums.
A public meeting will be conducted to provide an updated overview
on the issue of collecting contractor testing data. In considering this
policy, we need to explore possible methods to achieve this goal.
Specifically, we are soliciting suggestions and public comment on
collection methodologies that are cost effective and the least
burdensome.
4. Public Meeting: Update on Pipeline Operator Qualification Program
Implementation and Standards Development
RSPA/OPS will hold a public meeting on Updates on Pipeline Operator
Qualification Program Implementation and Standards Development from
8:30 a.m. to 12.30 p.m. on Friday, December 17.
The preliminary agenda includes briefings on the following topics:
1. RSPA/OPS OQ Initiatives
The developmental status of the ASME B31Q standard to
address the need for a long term, holistic, technically-based
resolution of 13 open items identified by the general public, the
industry and the regulators. The 13 open items include:
1. The Distinction between Maintenance and New Construction;
2. The treatment of emergency response;
3. Incorporation of Additional Covered Tasks (e.g., excavation);
4. Justification of Re-evaluation intervals;
5. Reference to Training;
6. Inspection of the Approaches through which the Operator Expects
to Achieve Improvement;
7. Direct observation of Non-Qualified Individuals;
8. Abnormal Operating Conditions;
9. Qualified Person Contribution to Incidents;
10. Acceptable Evaluation Methods (KSAs);
11. Extent of Documentation;
12. Noteworthy Practices; and
13. Acceptance Criteria for Small Operators.
[[Page 62934]]
2. RSPA/OPS Inspectional Findings
What inspectors are discovering from their comprehensive
inspections when utilizing the OQ protocol format.
3. RSPA/OPS Congressional Reporting
What data RSPA/OPS is collecting, tabulating and analyzing
for an OQ status and results report to Congress.
Congressional Mandates
The final rule on Pipeline Operator Qualification (OQ) on August
27, 1999 (64 FR 46853), required pipeline operators to ensure that
individuals working on gas or hazardous liquid pipeline facilities have
the knowledge and skills to competently perform covered tasks and to be
able to recognize and react to abnormal operating conditions that may
occur while performing covered tasks.
The Pipeline Safety Improvement Act (PSIA) of 2002 (Public Law 107-
355; December 17, 2002), expanded OQ statutory mandates to require
pipeline operators to: (1) Establish ``appropriate'' levels of training
and document individual training; (2) establish creditable and rational
bases for subsequent evaluations; (3) eliminate performance observation
as the sole means of evaluation for requalification (unless authorized
by RSPA/OPS); and (4) notify RSPA/OPS when the operator ``significantly
modifies'' an operator OQ plan or evaluation program after it was
inspected by an authorized state or Federal pipeline inspector. In
addition, Congress required RSPA/OPS to report on the status and
results of its OQ initiatives. A public meeting on this matter was held
during a joint technical pipeline safety standards committee session on
February 4, 2004, in Dulles, Virginia.
Improvements in OQ Program Oversight
RSPA/OPS and State agencies have (1) Developed OQ protocols as
standards for inspectors to evaluate program adequacy; (2) conducted
and are still conducting comprehensive inspections and data collection
on OQ programs; (3) provided more consistent and thorough inspector OQ
training; (4) addressed small pipeline operator OQ program issues; (5)
worked on national consensus standards committees; and (6) provided
Internet-based informational resources for operators and the general
public.
Issued in Washington, DC, on October 25, 2004.
Stacey L. Gerard,
Associate Administrator for Pipeline Safety.
[FR Doc. 04-24149 Filed 10-27-04; 8:45 am]
BILLING CODE 4910-60-P