[Federal Register Volume 79, Number 177 (Friday, September 12, 2014)]
[Notices]
[Pages 54777-54778]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21782]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
[Docket No. PHMSA-2014-0017]
Pipeline Safety: Construction Notification
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Notice; Issuance of Advisory Bulletin.
-----------------------------------------------------------------------
SUMMARY: PHMSA is issuing this advisory bulletin to all owners and
operators of gas and hazardous liquid pipelines to provide further
clarification regarding the notification(s) required prior to certain
construction-related events.
PHMSA needs to be aware of certain construction-related events to
have sufficient time to schedule reviews of pipeline construction plans
and inspections. Moreover, timely construction plan reviews and
inspections by PHMSA could help operators avoid costly modifications,
repairs and/or additions to achieve compliance with the Federal
pipeline safety regulations. Accordingly, PHMSA strongly encourages
operators to provide the required construction-related notification(s)
not later than 60 days prior to whichever of the following activities
occurs first: Material purchasing and manufacturing; right-of-way
acquisition; construction equipment move-in activities; onsite or
offsite fabrications; or right-of-way clearing, grading and ditching.
PHMSA also strongly encourages operators to provide the required
notification(s) for the construction of 10 or more miles of a new
pipeline for a pipeline that: (1) Did not previously exist; and (2) for
the replacement of 10 or more contiguous miles of line pipe in an
existing pipeline.
FOR FURTHER INFORMATION CONTACT: For any questions about this Advisory
Bulletin, contact the appropriate PHMSA Regional Office of Pipeline
Safety as follows:
Central Region: 816-329-3800
Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri,
Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin
Eastern Region: 609-989-2171
Connecticut, Delaware, District of Columbia, Maine, Maryland,
Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode
Island, Vermont, Virginia, and West
[[Page 54778]]
Virginia
Southern Region: 404-832-1147
Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina,
Puerto Rico, South Carolina, and Tennessee
Southwest Region: 713-272-2859
Arkansas, Louisiana, New Mexico, Oklahoma, and Texas
Western Region: 720-963-3160
Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana,
Nevada, Oregon, Utah, Washington, and Wyoming
Intrastate pipeline operators should contact the appropriate state
pipeline safety authority. A list of state pipeline safety authorities
is provided at: www.napsr.org.
SUPPLEMENTARY INFORMATION:
I. Background
The Federal gas pipeline safety regulations in 49 CFR 191.22(c)(1)
state:
``(c) Changes. Each operator of a gas pipeline, gas pipeline
facility, LNG plant or LNG facility must notify PHMSA electronically
through the National Registry of Pipeline and LNG Operators at http://opsweb.phmsa.dot.gov of certain events.
(1) An operator must notify PHMSA of any of the following events
not later than 60 days before the event occurs:
(i) Construction or any planned rehabilitation, replacement,
modification, upgrade, uprate, or update of a facility, other than a
section of line pipe, that costs $10 million or more. If 60 day notice
is not feasible because of an emergency, an operator must notify PHMSA
as soon as practicable;
(ii) Construction of 10 or more miles of a new pipeline; or
(iii) Construction of a new LNG plant or LNG facility.''
Similarly, the federal hazardous liquid pipeline safety regulations in
Sec. 195.64(c)(1) state:
(c) Changes. Each operator must notify PHMSA electronically through
the National Registry of Pipeline and LNG Operators at http://opsweb.phmsa.dot.gov, of certain events.
(1) An operator must notify PHMSA of any of the following events
not later than 60 days before the event occurs:
(i) Construction or any planned rehabilitation, replacement,
modification, upgrade, uprate, or update of a facility, other than a
section of line pipe, that costs $10 million or more. If 60 day notice
is not feasible because of an emergency, an operator must notify PHMSA
as soon as practicable;
(ii) Construction of 10 or more miles of a new hazardous liquid
pipeline; or
(iii) Construction of a new pipeline facility.''
When PHMSA issued the rules adding these notification requirements,
we noted that the dynamic nature of the transportation pipeline network
makes tracking emerging safety issues a significant challenge for
PHMSA. This dynamic nature of pipeline and pipeline facility
construction is due to the use of new technologies and automated
control systems, new high-strength steels, and new welding and
construction procedures and practices among other things.
Accordingly, to facilitate better tracking of construction, we need
to become aware of certain construction-related events in sufficient
time to allow for the timely scheduling of pipeline construction
reviews and inspections. PHMSA has observed that further clarification
may help avoid any confusion as to when to make the required
notifications and help ensure that operators' projects are not delayed
as a result of notifications being submitted too late for PHMSA's
scheduling purposes.
II. Advisory Bulletin (ADB-2014-03)
To: Owners and Operators of Gas and Hazardous Liquid Pipeline
Systems.
Subject: Construction Notification.
Advisory: Sections 191.22(c)(1) and 195.64(c)(1) require a pipeline
operator to notify PHMSA not later than 60 days before certain
``construction'' related events occur. PHMSA did not specifically
define the term ``construction'' in the codes. This may be somewhat
challenging for pipeline operators attempting to determine when 60 days
before a construction related event occurs for reporting purposes.
PHMSA wants to ensure that operators understand how the earliest
possible notification to PHMSA of construction related events is
beneficial to both PHMSA and the operator. PHMSA also recognizes that
the determination of whether a pipeline operator has complied with the
reporting regulations in these codes must be determined on a case-by-
case basis with regards to the specific facts of each project and with
regards to the code language.
Accordingly, PHMSA strongly encourages operators to provide the
required notification(s) not later than 60 days prior to whichever of
the following construction-related activities occurs first: Material
purchasing and manufacturing; right-of-way acquisition; construction
equipment move-in activities; onsite or offsite fabrications; or right-
of-way clearing, grading, and ditching. That is, pipeline operators
should notify PHMSA 60 days prior to whichever of these activities
would occur first on the operator's specific project. Additionally,
PHMSA believes operators should provide the required notification(s)
for the ``construction of 10 or more miles of a new pipeline'' for (1)
a pipeline that did not previously exist and (2) for the replacement of
10 or more contiguous miles of line pipe in an existing pipeline. While
the notification prior to the first occurring construction-related
activity is strongly encouraged and will benefit both PHMSA and the
operator, these activities may not necessarily represent the
commencement of construction for purposes of triggering the minimum 60-
day notice period in the regulations subject to enforcement by PHMSA.
Authority: 49 U.S.C. Chapter 601 and CFR 1.97.
Issued in Washington, DC, on September 9, 2014.
Alan K. Mayberry,
Deputy Associate Administrator for Policy and Programs.
[FR Doc. 2014-21782 Filed 9-11-14; 8:45 am]
BILLING CODE 4910-60-P