[Federal Register Volume 66, Number 54 (Tuesday, March 20, 2001)]
[Proposed Rules]
[Pages 15681-15684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6822]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Part 195
[Docket No. RSPA-01-8663]
RIN 2137-AD56
Pipeline Safety: Hazardous Liquid Pipeline Accident Reporting
Revisions
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Notice of proposed rulemaking; request for comments on revised
form.
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SUMMARY: This notice of proposed rulemaking would amend the pipeline
safety regulations to lower the reporting threshold for hazardous
liquid pipeline spills from 50 barrels to 5 gallons. We are also
seeking comments on revisions to the hazardous liquid accident form to
improve its usefulness. On the revised accident form, reporting for
spills from 5 gallons to less than 5 barrels will require minimal
information. The improvements to the hazardous liquid accident form are
necessary to address known deficiencies in the current information
collection. The improved information on failure cause categories and
more detailed information about the impact of failed pipelines will
improve pipeline safety statistics, increasing the overall usefulness
of the data and making analysis more efficient and meaningful.
DATES: Comments on the subject of this proposed rule must be received
on or before May 21, 2001.
ADDRESSES: You may submit written comments by mail or in person by
delivering an original and two copies to the Dockets Facility, U.S.
Department of Transportation, Room PL-401, 400 Seventh Street, SW.,
Washington, DC 20590-0001. Or, you may submit written comments to the
docket electronically at the following Web address: http://dms.dot.gov.
See the SUPPLEMENTARY INFORMATION section for additional filing
information.
FOR FURTHER INFORMATION CONTACT: Roger Little by phone at (202) 366-
4569, by e-mail at [email protected], or by mail at the Office
Of Pipeline Safety, Room 7128, 400 7th St. SW., Washington, DC 20590
regarding the subject matter of this notice or to access comments in
the docket.
SUPPLEMENTARY INFORMATION:
Filing Information, Electronic Access, and General Program
Information
The Dockets facility is open from 10:00 a.m. to 5:00 p.m., Monday
through Friday, except federal holidays. All comments should identify
the docket number of this notice, RSPA-01-8663. You should submit the
original and one copy. If you wish to receive confirmation of receipt
of your comments, you must include a stamped, self-addressed postcard.
To file written comments electronically, after logging onto http://dms.dot.gov, click on ``Electronic Submission.'' You can read comments
and other material in the docket at this Web address: http://dms.dot.gov. General information about our pipeline safety program is
available at this address: http://ops.dot.gov.
Background
RSPA Pipeline Safety Mission
RSPA's Office of Pipeline Safety has responsibility for assuring
adequate safety and environmental protection for risks posed by the
nation's approximately 2 million miles of natural gas and hazardous
liquid pipelines. The OPS shares responsibility for inspecting and
overseeing the nation's pipelines with state pipeline safety offices
that also depend on the information RSPA collects.
RSPA Pipeline Safety Data
To fulfill its safety mission, RSPA maintains a hazardous liquid
pipeline accident database that is widely recognized as the nation's
best source of such information. The information that RSPA collects on
reportable hazardous liquid accidents provides an important tool for
identifying safety trends in the hazardous liquid pipeline industry.
RSPA has collected hazardous liquid pipeline accident information since
the early 1970s, with only one revision to the accident collection
procedures in July 1984. Under 49 CFR part 195, RSPA is authorized to
develop regulations, inspect facilities, and ensure compliance with
standards established to ensure safety and environmental protection
from risks to the public and the environment that are posed by
hazardous liquid pipelines. Operators are required to report accidents
according to the procedures established in 49 CFR 195.50. The
information is used to identify safety trends for regulatory purposes
and to target inspections of hazardous liquid pipeline facilities based
on risk.
The Need for Pipeline Safety Data
Accurate, meaningful pipeline safety incident information is needed
for general trending of pipeline safety data and risk assessment, for
deciding which pipelines need rehabilitation vs. replacement, for
analyzing cost benefits, and for comparing individual operator
performance with industry performance. This safety information is used
by RSPA for daily decision making in RSPA's assessment of pipeline
risks, regulatory development, and programmatic resource allocation. In
addition to the need for information for safety trending and diagnosis,
RSPA uses the information in monitoring industry performance and
regulatory compliance, and for planning company standard safety
inspections. State pipeline safety programs with hazardous liquid
pipeline safety responsibility also use the information for these
purposes. The information is also widely used by third-parties,
including state governors, Congress, metropolitan planners, pipeline
research engineers, industry safety experts, the media, and the public.
Why Revise the Hazardous Liquid Accident Report Form?
In 1984, the RSPA hazardous liquid accident form was revised as a
result of the Paperwork Reduction Act. The report has been in use since
1984 without revision, providing 16 years of data upon which pipeline
safety analysis has been extensively conducted. Over the years we
became aware of shortcomings in the data collection that need
improvement. In recent years, the usefulness of the hazardous liquid
accident data collection has been found to be limited due to the level
of detail and accuracy, and the quality of the collected data.
Recognizing the limitations to effective pipeline safety analysis that
these data deficiencies cause, the National
[[Page 15682]]
Transportation Safety Board, the DOT Office of the Inspector General,
and others have urged RSPA to improve the collection of pipeline safety
data.
Department of Transportation Inspector General Recommendation
DOT's Office of the Inspector General, in a March 2000 audit report
of RSPA's pipeline safety program, recommended that RSPA
implement revisions in the collection and processing of pipeline
accident data to expand accident causal categories for more detailed
trend analysis, and to clarify accident form instructions so that
operators will be more consistent and accurate in reporting accident
causes.
National Transportation Safety Board Recommendation
In its special investigation report PB96-917002 (January 23, 1996),
the National Transportation Safety Board (NTSB) issued recommendation
P-96-1 which directed the Office of Pipeline Safety (OPS) to develop
a comprehensive plan for the collection and use of gas and
hazardous liquid pipeline accident data that details the type and
extent of data to be collected, to provide the Research and Special
Programs Administration (RSPA) with the capability to perform
methodologically sound accident trend analysis and evaluations of
pipeline operator performance using normalized accident data.
Congressional Recommendations
Recent significant pipeline accidents have focused the regulators,
Congress, the media, and the public's attention on the need for better
pipeline safety information. Congress has advised RSPA to seek quick
action to improve the quantity, quality, and usefulness of safety
information to better perform its safety mission.
During the 106th Congress, the proposed Pipeline Safety Improvement
Act of 2000 (S. 2438) was considered by both houses of Congress. The
proposed bill included provisions to require RSPA to gather improved
pipeline spill information for spills as small as five gallons:
SEC. 10. IMPROVED DATA AND DATA AVAILABILITY.
(a) IN GENERAL.--Within 12 months after the date of enactment of
this Act, the Secretary shall develop and implement a comprehensive
plan for the collection and use of gas and hazardous liquid pipeline
data to revise the causal categories on the incident report forms to
eliminate overlapping and confusing categories and include
subcategories. The plan shall include components to provide the
capability to perform sound incident trend analysis and evaluations
of pipeline operator performance using normalized accident data.
(b) REPORT OF RELEASES EXCEEDING 5 GALLONS.--Section 60117(b) is
amended--
(1) by inserting ``(1)'' before ``To''; 25
(2) redesignating paragraphs (1) and (2) as subparagraphs (A)
and (B);
(3) inserting before the last sentence the following: ``(2) A
person owning or operating a hazardous liquid pipeline facility
shall report to the Secretary each release to the environment
greater than five gallons of the hazardous liquid or carbon dioxide
transported. This section applies to releases from pipeline
facilities regulated under this chapter. A report must include the
location of the release, fatalities and personal injuries, type of
product, amount of product release, cause or causes of the release,
extent of damage to property and the environment, and the response
undertaken to clean-up the release.
Although this proposed Act did not achieve final passage in the
last Congress, we believe the intention to require improved data
collection is apparent.
White House Memorandum
In a letter to the Secretary of Transportation, the President
(November 3, 2000) asked the Secretary of Transportation to provide for
collection of more complete and detailed information on the
causes of accidents, thereby facilitating better trends analysis and
helping to prevent future accidents. Specifically, you should
improve accident reporting forms as soon as possible for both
hazardous liquid and natural gas pipelines by expanding causal
categories and clarifying instructions so that data submissions are
more consistent and accurate.
Industry Recognition of the Need for Better Information
The pipeline industry has recognized the need to improve the
usefulness of the hazardous liquid pipeline data. In recent years, the
American Society of Mechanical Engineers (ASME) B31.4 committee
conducted annual reviews of hazardous liquid pipeline accident data
collection to evaluate the usefulness of the information. The ASME
B31.4 committee developed an extended set of pipeline failure causes.
The findings of the ASME committee have been made available to OPS and
others for additional scrutiny as part of the ongoing effort to seek
improvements in data usefulness. The ASME causes have been widely
recognized and have gained industry and government acceptance.
Joint Industry/State/Federal Data Team
RSPA has been working with a joint industry/State/Federal team
since 1997 to examine hazardous liquid pipeline accident data needs.
The team determined that standardization of accident causes based on
the causes proposed by the ASME B31.4 committees would be the best way
to address accident reporting deficiencies. The team determined that
the American Petroleum Institute (API) could develop and collect
additional hazardous liquid pipeline data with a voluntary reporting
system. API developed the data collection scheme in a system known as
the Pipeline Performance Tracking Initiative (PPTI), and is now pilot-
testing the system using calendar year 1999 data.
Standardization of Accident Data Across Industry
RSPA plans to implement the recommendations of the NTSB, the DOT's
Office of the Inspector General, Congress, and the White House by
clarifying and standardizing the accident cause categories, and
collecting better information for both natural gas and hazardous liquid
pipeline accidents. Furthermore, the natural gas pipeline transmission
industry has recently accepted the expanded ASME B31.4 accident cause
categories.
RSPA acknowledges the need for consistent pipeline information for
both natural gas and hazardous liquid pipeline accidents. Plans are
currently underway to similarly revise natural gas transmission
incident pipeline information. RSPA also plans to adopt a similar
failure cause scheme for natural gas distribution pipeline incidents
later in 2001. By adopting recognized industry proposed failure causal
categories for natural gas and hazardous liquid pipeline incidents, we
are taking a step toward further standardization of pipeline safety
statistics for all pipeline types, increasing the overall usefulness of
the data, and making analysis more efficient and meaningful.
Identified Shortcomings in RSPA Pipeline Safety Data
Some key deficiencies that have been identified and which are being
addressed in the current proposed revision are: insufficient
information about spills below 50 barrels and spills in water; absence
of complete information; oversimplification of the failure cause
categories on the current accident form (including a high percentage of
causes reported in the ``OTHER'' category where accident cause does not
fit into the three causes provided); and insufficient accident
consequence and cause subelements for proper analysis.
[[Page 15683]]
RSPA's Approach for Improving Hazardous Liquid Accident Data
New Reporting Threshold
This notice proposes to lower the existing threshold for accident
reporting for operators of hazardous liquid pipeline systems subject to
RSPA regulations under Part 195. The existing threshold of 50 barrels
would be lowered to the new threshold of 5 gallons. RSPA believes the
consequence of spills as small as 5 gallons does not warrant full
reporting to the extent justified for larger spills. Consequently, RSPA
proposes to minimize the reporting burden for small spills by
collecting only minimal information for spills from 5 gallons to less
than 5 barrels, except where a spill of 5 gallons or more occurs in
water. Spills between 5 gallons and less than 5 barrels that occur
during normal maintenance activities are exempt if they are confined to
the operator's property or pipeline right-of-way and they are cleaned
up without delay. A spill of 5 or more barrels, or any accident
reportable by the already existing criteria specified in section 195.50
will, as at present, require complete reporting.
In addition, because of the proposed reduction in the minimum spill
reporting threshold, the requirement in Sec. 195.50(c) for reporting
highly volatile liquid (HVL) releases as small as 5 barrels is no
longer needed. The proposed rule requires reporting of all releases
down to 5 barrels, including HVLs. Therefore, we propose to delete
Sec. 195.50(c).
Improved Cause and Consequence Information
RSPA proposes to further improve the usefulness of the information
collected on the hazardous liquid accident form RSPA F 7000-1 by
strengthening the cause and consequence detail information. For details
on the proposed changes, see the proposed form RSPA F 7000-1 and the
proposed Instructions for Completing Form RSPA F 7000-1 in Docket No.
RSPA-01-8663. The proposed accident report form revision will enhance
safety and environmental protection from risks that hazardous liquid
pipelines pose to people and the environment by helping RSPA to better
identify safety trends and issues, target solutions, and monitor
effectiveness and compliance.
Rulemaking Analyses
Executive Order 12866 and DOT Policies and Procedures
RSPA does not consider this proposed rulemaking to be a significant
regulatory action under section 3(f) of Executive Order 12866. RSPA
also does not consider this proposed rulemaking to be significant under
DOT regulatory policies and procedures (44 FR 11034; February 26,
1979).
A copy of the Draft Regulatory Evaluation is available for review
in the docket. This section summarizes the findings of the draft
regulatory evaluation. This proposed rulemaking addresses the problems
with the data collection of hazardous liquid pipeline accidents.
Introduction
In recent years, the usefulness of the hazardous liquid accident
data collection has been found to be limited due to the level of detail
and accuracy and the quality of the data collected. Recognizing the
limitations to effective pipeline safety analysis that these data
deficiencies cause, the National Transportation Safety Board, the
Department of Transportation Office of the Inspector General, and
others have urged RSPA to make the pipeline safety data which RSPA
collects more useful.
This proposal amends the pipeline safety regulations to lower the
reporting threshold for hazardous liquid pipeline spills from 50
barrels to 5 gallons, with an accompanying revision to the hazardous
liquid accident form to improve its usefulness. On the revised accident
form, reporting for spills from less than 5 barrels down to 5 gallons
will require reporting minimal information, whereas any spill in water
of 5 gallons or more, any spill of 5 barrels or more, or where
otherwise reportable according to existing reporting criteria as
outlined in 49 CFR 195.50, will require completion of the entire new
proposed accident report. Additionally, RSPA proposes to further
improve the usefulness of the information collected on the hazardous
liquid accident form RSPA F 7000-1 by strengthening the cause and
consequence detail information on the accident report.
Benefits
Accurate, meaningful pipeline safety incident information is needed
for general trending of pipeline safety issues and for risk assessment
applications, for deciding which pipelines need rehabilitation vs.
replacement, for analyzing cost benefits, and for comparing individual
operator performance with industry performance. This safety information
is used by RSPA for daily decision making in RSPA's assessment of
pipeline risks, regulatory development, and programmatic resource
allocation. RSPA also uses the information in monitoring industry
performance and regulatory compliance, and for planning company
standard safety inspections.
Costs
RSPA estimates that it will take each operator 1 hour to complete
the short form, and estimates the long form will take each operator 7
hours to complete.
Based on a survey by the American Petroleum Institute (API), RSPA
estimates the number of incidents reported annually will be 1,839. Of
these reports, RSPA estimates that 427 will require the long form and
1,412 will require the short form.
Below is RSPA's estimate for the new requirements and an estimate
of the former requirement for comparison purposes.
427 long forms x 7 hours = 2,989 hours.
1,412 short forms x 1 hour = 1,422 hours.
1,839 forms total; 4,411 hours total.
If the average cost is $40 per hour, the total industry cost
annually is $176,440 (4,411 x $40).
The previous cost to industry was 166 reports x 6 hours = 996 x
$40 = $39,840. The net increase of the proposed change in the reporting
threshold and the proposed changes to the forms is $136,600 annually.
Conclusion
RSPA believes that the additional cost of $136,600 annually is a
relatively modest burden on the hazardous liquid pipeline industry. The
benefits accruing to RSPA and the pipeline industry through the
increase in the number of reports and the more detailed data should
easily outweigh this modest cost. This increase in information received
should allow RSPA and the hazardous liquid pipeline industry to
identify safety issues and trends in the present state of pipeline
safety, and to provide information that will allow operators to make
changes to procedures and practices that will ultimately reduce
pipeline accidents and improve pipeline safety.
Regulatory Flexibility Act
Dividing the incremental cost increase of $136,600 by the
approximately 200 hazardous pipeline operators shows the average
incremental cost increase of this proposal is $683 per operator. Based
on this small increase in costs to the industry of this proposed
rulemaking, I
[[Page 15684]]
certify, pursuant to section 605 of the Regulatory Flexibility Act (5
U.S.C. 605), that this proposed rulemaking would not have a significant
impact on a substantial number of small entities. If you have any
information that this conclusion about the impact on small entities is
not correct, please provide that information to the public docket
described in the Filing Information, Electronic Access, and General
Program Information section of the preamble.
Paperwork Reduction Act
This rule contains information collection requirements. As required
by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507 (d)), the DOT
has submitted a copy of the Paperwork Reduction Act Analysis to the
Office of Management and Budget (OMB) for its review. The name of the
information collection is ``Transportation of Hazardous Liquids by
Pipeline: Recordkeeping and Accident Recordkeeping and Reporting
Requirements (2137-0047).'' A copy of the Paperwork Reduction Act
analysis is available for review in the docket. This paperwork burden
is an amendment to an already existing information collection that
includes additional information requirements that are not a part of
this rulemaking.
The approximately 192 hazardous liquid pipeline operators will be
required to submit approximately 1,839 incident reports annually. The
total hour burden will be 4,411 hours costing $176,440 annually.
Organizations and individuals desiring to submit comments on the
information collection should direct them to the addresses listed in
the ADDRESSES section of the preamble. Comments must be sent within 60
days of the publication of this notice.
The OMB is specifically interested in the following issues
concerning the information collection:
1. Evaluating whether the collection is necessary for the proper
performance of the functions of the DOT, including whether the
information would have a practical use;
2. Evaluating the accuracy of the DOT's estimate of the burden of
the collection of information, including the validity of assumptions
used;
3. Enhancing the quality, usefulness and clarity of the information
to be collected; and
4. Minimizing the burden of collection of information on those who
are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology (e.g., permitting electronic
submission of responses).
The Paperwork Reduction Act of 1995 does not require a person to
respond to a collection of information unless a valid OMB control
number is displayed. The valid OMB control number for this information
collection will be published in the Federal Register after it is
approved by OMB. For more details, see the Paperwork Reduction Analysis
available for copying and review in the public docket.
Executive Order 13084
The proposed rules have been analyzed in accordance with the
principles and criteria contained in Executive Order 13084,
``Consultation and Coordination with Indian Tribal Governments.''
Because the proposed rules would not significantly or uniquely affect
the communities of the Indian tribal governments and would not impose
substantial direct compliance costs, the funding and consultation
requirements of Executive Order 13084 do not apply.
Unfunded Mandates Reform Act of 1995
This proposed rulemaking would not impose unfunded mandates under
the Unfunded Mandates Reform Act of 1995. It would not result in costs
of $100 million or more to either State, local, or tribal governments,
in the aggregate, or to the private sector, and would be the least
burdensome alternative that achieves the objective of the rule.
National Environmental Policy Act
We have analyzed the proposed rules for purposes of the National
Environmental Policy Act (42 U.S.C. 4321 et seq.). Because the proposed
rule parallels present reporting requirements and practices, we have
preliminarily determined that the proposed rule would not significantly
affect the quality of the human environment. Generally, collection of
information does not constitute an environmental impact. A final
determination on environmental impact will be made after the end of the
comment period. If you disagree with our preliminary conclusion, please
submit your comments to the docket as described above.
Executive Order 13132
The proposed rules have been analyzed in accordance with the
principles and criteria contained in Executive Order 13132
(``Federalism''). The proposed rule change does not propose any
regulation that (1) has substantial direct effects on the States, the
relationship between the national government and the States, or the
distribution of power and responsibilities among the various levels of
government; (2) imposes substantial direct compliance costs on State
and local governments; or (3) preempts state law. Therefore, the
consultation and funding requirements of Executive Order 13132 do not
apply. Nevertheless, during our review of the existing hazardous liquid
reporting requirements, representatives of state pipeline safety
agencies gave us advice both in private sessions and in the form of
formal recommendations for pursuing improved accident information. In
addition, our pipeline safety advisory committees, which include
representatives of state governments, have been briefed on our plans
for improving accident data.
List of Subjects in 49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Incorporation by reference,
Petroleum, Pipeline safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, we propose to amend 49 CFR Part
195 as follows:
PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
1. The authority citation for part 195 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60118;
and 49 CFR 1.53.
2. Amend Sec. 195.50 to revise paragraph (b), to remove paragraph
(c), and to redesignate paragraphs (d) through (f) as paragraphs (c)
through (e), to read as follows:
Sec. 195.50 Reporting accidents.
* * * * *
(b) Release of 5 gallons (19 liters) or more of hazardous liquid or
carbon dioxide, except that no report is required for a release of less
than 5 barrels (0.8 cubic meters) if the release is:
(1) Not one described in Sec. 195.52(a)(4);
(2) Attributable to a pipeline maintenance activity;
(3) Confined to company property or pipeline right-of-way; and
(4) Cleaned up promptly.
* * * * *
Issued in Washington, D.C. on January 17, 2000.
Stacey L. Gerard,
Associate Administrator for Pipeline Safety.
[FR Doc. 01-6822 Filed 3-19-01; 8:45 am]
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