2137_0578_Supporting Statement_08.10.07

Department of Transportation

Pipeline and Hazardous Materials Safety Administration

Office of Pipeline Safety

SUPPORTING STATEMENT

Reporting of Safety-Related Conditions on Gas, Hazardous Liquid and Carbon Dioxide Pipelines and Liquefied Natural Gas Facilities

Docket No. PHMSA-98-4957 98-4957

INTRODUCTION

The Pipeline and Hazardous Materials Safety Administration (PHMSA) is requesting requests that the Office of Management and Budget (OMB) grant approval for renewal of an existing information collection entitled “Reporting of Safety-Related Conditions on Gas, Hazardous Liquid and Carbon Dioxide Pipelines and Liquefied Natural Gas Facilities” (OMB Control No. 2137-0578), which was originally previously approved on 07/21/2004.

Part A. Justification

1. Circumstances that make collection of information necessary – Identify any legal or administrative requirements that necessitate the collection. Attach a copy of the appropriate section of each statute and regulation mandating or authorizing the collection of information:

PHMSA seeks an extension on an existing information collection.Under 49 U.S.C. 60102, requires eachan operator of a pipeline facility (except master meter) must to ssubmit a written report to the Department of Transportation a written report on any safety-related condition that causes or has caused a significant change or restriction in the operation of a their pipeline or liquefied natural gas (LNG) facility or a condition that is a hazard to life, property, or the environment. PHMSA implemented this requirement under 49 CFR §191.23 and §195.56. A copy of the authorizing legislation and implementing regulations is attached to this supporting statement.

The information collection associated with this regulation renewal will promotes the US DOT’s and PHMSA's Safety and Environmental Strategic Goals. PHMSA, using uses the information collected, will be able to identify safety related trends and to take action to reduce pipeline accidents and incidents. Decreased incidents and accidents will better protect both human and environmental resources.

2. How, by whom, and for what purpose is the information used – Indicate how, by whom, and for what purpose the information is to be used. Except for a new collection, indicate the actual use the agency has made of the information received from the current collection:

PHMSA requires each operators to provide detailed information documenting a safety related condition. . A Ppipeline or LNG facility operators submits the safety related condition reports every time there is a possible risk to the pipeline integrity. The reportoperator should must provide information on the operator, pipeline or LNG facility location, and the date of the safety related condition. In addition, the report operator details the event characteristics and pipeline operator response to the safety related condition.

The information collection is needed to enhance PHMSA’s ability to measure and assess the performance of pipeline and LNG facility operators; to integrate pipeline safety data and to conduct risk analysis.

PHMSA uses the reports to monitor corrective actions proposed by operators in order to prevent actual incidents or accidents.

3. Extent of automated information collection – Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g. permitting electronic submission of responses, and the basis for the decision for adopting this means of collection. Also describe any consideration of using information technology to reduce burden:

PHMSA does not specify the format of this information collection. PHMSA accepts electronic mailings of safety related condition reports. In the past, the majority of operators have faxed the reports. PHMSA expects the percentage of operators submitting the reports electronically to increase.

4. Efforts to identify duplication – Describe efforts to identify duplication. Show specifically why any similar information already available cannot be used or modified for use for the purposes described in item 2 above:

The regulations information collection reduces duplication by exempting incidents that result in an accident before the safety-related condition report filing deadline. No other information collection exists to gather data on these pipeline safety-related conditions.

5. Efforts to minimize the burden on small businesses – If the collection of information impacts small businesses or other small entities (Item 5 of OMB Form 83-1), describe any methods used to minimize burden:

There are few small operators of hazardous liquid and carbon dioxide pipelines. Those operators have been able to continue operations while complying with this regulation. PHMSA has been collecting this information for the past six years. The smallest operators – master meter operators – are exempt from this the reporting requirements.regulation. In addition, gas pipeline events that occur outside of populated centers need not beare excluded from the information collection requirement. reported. There are a few small operators of hazardous liquid and carbon dioxide pipelines. Those operators have been able to continue operations while complying with this regulation. The original regulation was issued at least six years prior to this renewal.

6. Impact of less frequent collection of information – Describe the consequence to Federal program or policy activities if the collection is not conducted or is conducted less frequently, as well as any technical or legal obstacles to reducing burden:

The information collection is event driven and therefore cannot be conducted less frequently. PHMSA would not be unable to appropriately and properly assess the safety of the impacted hazardous liquid pipelines and LNG facilities in a timely fashion without the proposed information collection. Less frequent information collection could compromise the safety and economic viability of the U.S. pipeline system.

7. Special circumstances – Describe any special circumstances that would cause an information collection to be conducted in a manner:

• Requiring respondents to report information to the agency more often than quarterly;

• Requiring respondents to prepare a written response to a collection of information in fewer than 30 days after receipt of it;

• Requiring respondents to submit more than an original and two copies of any documents;

• Requiring respondents to retain records, other than health, medical, government contract, grant-in-aid, or tax records for more than three years;

• In connection with a statistical survey, that is not designed to produce valid and reliable results that can be generalized to the universe of study;

• Requiring the use of a statistical data classification that has not been reviewed and approved by OMB;

• That includes a pledge of confidentiality that is not supported by authority established in statute or regulation, that is not supported buy disclosure and data security policies that are consistent with the pledge, or which unnecessarily impedes sharing of data with other agencies for compatible confidential use; or

• Requiring respondents to submit proprietary trade secret, or other confidential information unless the agency can demonstrate that it has instituted procedures to protect the information’s confidentiality to the extent permitted by law.

No special circumstances apply with this regulation.

8. Compliance with 5 CFR 1320.8 – Provide an electronic copy and identify the date, volume number and page number of the publication in the Federal Register of the agency’s notice (For a 60-day and a 30-day Notice), required by 5 CFR 1320.8(d), soliciting comments on the information collection prior to submission to OMB:

The 60-day Federal Register (FR) notice on this information collection was published on 06/08/2007 (72 FR 31896). PHMSA did not receive comment. The 30-day Federal Register notice was published on 08/13/2007 (72 FR 45301).

The 60-day Federal Register (FR) notice was published on MM/DD/YYYY (date) FR volume xx, number xxx – pages xxxxx-xxxxx.

The 30-day Federal Register notice was published on MM/DD/YYYY (date), FR volume xx, number xxx – Pages xxxxx-xxxxx.

9. Payments or gifts to respondents – Explain any decision to provide a payment or gift to respondents, other than enumeration of contractors or grantees:

Not applicable.

10. Assurance of confidentiality – Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy:

Not applicable.

11. Justification for collection of sensitive information – Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and other matters that are commonly considered private. This justification should include the reasons why the agency considers the questions necessary, the specific uses to be made of the information, the explanation to be given to persons form whom the information is requested, and any steps to be taken to obtain their consent:

Not applicable.

12. Estimate of burden hours for information requested – Provide estimates of the hour burden of the collection of information. The statement should:

• Indicate the number of respondents, frequency of responses, calculation for the individual burdens and for the total annual hour burden, and an explanation of how the burden was estimated. Unless directed to do so, agencies should not conduct special surveys to obtain information on which to base hour burden estimates. Consultation with a sample (fewer than 10) respondents is expected to vary widely because of differences in activity, size, or complexity, show the range of estimated hour burden, and explain the reasons for the variance. Generally, estimates should not include burden hour for customary and usual business practices

• If this request for approval covers more than one form, provide separate burden hour estimates for each form and aggregate the burden hours in items 13 of OMB Form 83-I.

• Provide estimates of annualized cost to respondents for the hourly burdens for collections of information, identifying and using appropriate wage rate categories. This cost contracting out or paying outside parties for information collection activities should not be included here. Instead, this cost should be included in item 14.

Based on past reporting of safety-related conditions (2005) there are approximately 100 safety-related condition reports annually. The number of safety related conditions will likely increase based on past trends. From 2001 to 2005, the number of PHMSA safety-related condition reports increased an average of 12.5 percent annually. Using this trend to project for the full three years, there could be 127 safety related incidents in 2007. The last renewal estimated that there is an average of 65 safety-related condition reports per year.

PHMSA used theThe following assumptions are used in estimating the burden hours and costs of the reporting requirement:

• Response Time – Operators will require 6 4 hours to complete each report

• Recordkeeping -- Operators will require 2 hours to collect and maintain record for each report.

• Operator Completing Report – An engineering manager will perform all of the reporting related duties associated with the rule. Engineering managers have a fully loaded cost of $64.75 per hour.¹

The full expected cost for the time that the engineering managers devote to reporting is estimated to be $49,340 (= 127 reports x 6 hours x $64.75).

13. Estimate of total annual costs to respondents – Provide an estimate of the total annual cost burden to respondents or record-keepers resulting from the collection of information. (Do not include the costs of any hour burden in items 12 and 14):

• Include a breakdown for total capital/start-up costs and operation/maintenance. The cost estimates should be split into two components: (a) A total capital and start-up cost component (annualized over its expected useful life); and (b) a total operation and maintenance and purchase of services component. The estimates should take into account costs associated with generating, maintaining, and disclosing or providing the information. Include descriptions of methods used to estimate major costs factors including system and technology acquisition, expected useful life of capital equipment, the discount rates(s), and the time period over which cost will be incurred. Capital and start-up costs include, among other items, preparations for collecting information such as purchasing computers and software; monitoring, sampling, drilling and testing equipment; and record storage facilities.

• If cost estimates are expected to vary widely, agencies should present ranges of cost burdens and explain the reasons for the variance. The cost of purchasing or contracting out information collection services should be a part of this cost burden estimate. In developing cost burden estimates, agencies may consult with a sample of respondents (fewer than 10), utilize the 60-day pre-OMB submission public comment process and use existing economic or regulatory impact analysis associated with the rulemaking containing the information collection, as appropriate.

• Generally, estimates should not include purchases of equipment or services, or portions thereof, made (1) prior to October 1, 1995, (2) to achieve regulatory compliance with the requirements not associated with the information collection, (3) for reasons other than to provide information or keep records for the government, or (4) as part of customary and usual business or private practices.

PHMSA does not expect No capital costs are expected with this information collection. Based on the past increase in the annual safety-related reports submitted, the cost of compliance will increase. Assuming a 12.5 percent increase suggests there will be 142 safety-related condition reports in 2008 and 160 in 2009. The associated nominal costs are $55,167 in 2008, and $62,160.

The total value of the three estimated annual costs, is $166,667 (= $49,340 + $55,167 + $62,160). The present value of the aggregate cost using a 7% discount rate will be $145,038. The present value of the aggregate cost over a period of 3 years using a 3% discount rate will be $156,788. The fully loaded hourly cost of a senior engineer, $64.75, is assumed to remain constant over the period. Analysis is limited to the three years, which is the time period that this regulation will be implemented before it needs renewal.

14. Estimate of cost to the Federal government – Provide estimates of annualized cost to the Federal government. Also, provide a description of the method used to estimate costs, which should include quantification of hours, operational expenses such as equipment, overhead, printing, and support staff, and any other expense that would not have been incurred without this collection of information. Agencies also may aggregate cost estimates from items 12, 13, and 14 in a single table:

No additional costs are expected for the Federal government

PHMSA will continue to review the safety-related condition reports submitted as a result of this regulation. The additional hours necessary to review the annual reports will be minimal, based on past experience.

15. Explanation of program changes or adjustments – Explain the reasons for any program changes or adjustments reported in items 13 or 14 of the OMB Form 83-I:

Not applicable.

16. Publication of results of data collection – For collections of information whose results will published, outline plans for tabulation, and publication. Address any complex analytical techniques that will be used. Provide the time schedule for the entire project, including beginning and ending dates of the collection of information, completion of report, publication dates, and other actions:

PHMSA will summarize the The results of the safety-related condition reports will be summarized and posted post the summary on the PHMSA’s website.

17. Approval for not explaining the expiration date for OMB approval – If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate:

PHMSA will does not seek approval to not display expiration date.

18. Exceptions to certification statement – Explain each exception to the certification statement identified in item 19, “Certification for Paperwork Reduction Act Submissions,” of OMB Form 83-I:

There are no exceptions to the certification statement.

ATTACHMENTS:

Authorizing Regulation: 49 U.S.C. 60102

Section 60102. Purpose and general authority

(a) Purpose and Minimum Safety Standards. -

(1) Purpose. - The purpose of this chapter is to provide

adequate protection against risks to life and property posed by

pipeline transportation and pipeline facilities by improving the

regulatory and enforcement authority of the Secretary of

Transportation.

(2) Minimum safety standards. - The Secretary shall prescribe

minimum safety standards for pipeline transportation and for

pipeline facilities. The standards -

(A) apply to owners and operators of pipeline facilities;

(B) may apply to the design, installation, inspection,

emergency plans and procedures, testing, construction,

extension, operation, replacement, and maintenance of pipeline

facilities; and

(C) shall include a requirement that all individuals who

operate and maintain pipeline facilities shall be qualified to

operate and maintain the pipeline facilities.

(3) Qualifications of pipeline operators. - The qualifications

applicable to an individual who operates and maintains a pipeline

facility shall address the ability to recognize and react

appropriately to abnormal operating conditions that may indicate

a dangerous situation or a condition exceeding design limits. The

operator of a pipeline facility shall ensure that employees who

operate and maintain the facility are qualified to operate and

maintain the pipeline facilitifacility

* * * * *es.

(b) Practicability and Safety Needs Standards. -

(1) In general. - A standard prescribed under subsection (a)

shall be -

(A) practicable; and

(B) designed to meet the need for -

(i) gas pipeline safety, or safely transporting hazardous

liquids, as appropriate; and

(ii) protecting the environment.

(2) Factors for consideration. - When prescribing any standard

under this section or section 60101(b), 60103, 60108, 60109,

60110, or 60113, the Secretary shall consider -

(A) relevant available -

(i) gas pipeline safety information;

(ii) hazardous liquid pipeline safety information; and

(iii) environmental information;

(B) the appropriateness of the standard for the particular

type of pipeline transportation or facility;

(C) the reasonableness of the standard;

(D) based on a risk assessment, the reasonably identifiable

or estimated benefits expected to result from implementation or

compliance with the standard;

(E) based on a risk assessment, the reasonably identifiable

or estimated costs expected to result from implementation or

compliance with the standard;

(F) comments and information received from the public; and

(G) the comments and recommendations of the Technical

Pipeline Safety Standards Committee, the Technical Hazardous

Liquid Pipeline Safety Standards Committee, or both, as

appropriate.

(3) Risk assessment. - In conducting a risk assessment referred

to in subparagraphs (D) and (E) of paragraph (2), the Secretary

shall -

(A) identify the regulatory and nonregulatory options that

the Secretary considered in prescribing a proposed standard;

(B) identify the costs and benefits associated with the

proposed standard;

(C) include -

(i) an explanation of the reasons for the selection of the

proposed standard in lieu of the other options identified;

and

(ii) with respect to each of those other options, a brief

explanation of the reasons that the Secretary did not select

the option; and

(D) identify technical data or other information upon which

the risk assessment information and proposed standard is based.

(4) Review. -

(A) In general. - The Secretary shall -

(i) submit any risk assessment information prepared under

paragraph (3) of this subsection to the Technical Pipeline

Safety Standards Committee, the Technical Hazardous Liquid

Pipeline Safety Standards Committee, or both, as appropriate;

and

(ii) make that risk assessment information available to the

general public.

(B) Peer review panels. - The committees referred to in

subparagraph (A) shall serve as peer review panels to review

risk assessment information prepared under this section. Not

later than 90 days after receiving risk assessment information

for review pursuant to subparagraph (A), each committee that

receives that risk assessment information shall prepare and

submit to the Secretary a report that includes -

(i) an evaluation of the merit of the data and methods

used; and

(ii) any recommended options relating to that risk

assessment information and the associated standard that the

committee determines to be appropriate.

(C) Review by secretary. - Not later than 90 days after

receiving a report submitted by a committee under subparagraph

(B), the Secretary -

(i) shall review the report;

(ii) shall provide a written response to the committee that

is the author of the report concerning all significant peer

review comments and recommended alternatives contained in the

report; and

(iii) may revise the risk assessment and the proposed

standard before promulgating the final standard.

(5) Secretarial decisionmaking. - Except where otherwise

required by statute, the Secretary shall propose or issue a

standard under this Chapter (!1) only upon a reasoned

determination that the benefits of the intended standard justify

its costs.

(6) Exceptions from application. - The requirements of

subparagraphs (D) and (E) of paragraph (2) do not apply when -

(A) the standard is the product of a negotiated rulemaking,

or other rulemaking including the adoption of industry

standards that receives no significant adverse comment within

60 days of notice in the Federal Register;

(B) based on a recommendation (in which three-fourths of the

members voting concur) by the Technical Pipeline Safety

Standards Committee, the Technical Hazardous Liquid Pipeline

Safety Standards Committee, or both, as applicable, the

Secretary waives the requirements; or

(C) the Secretary finds, pursuant to section 553(b)(3)(B) of

title 5, United States Code, that notice and public procedure

are not required.

(7) Report. - Not later than March 31, 2000, the Secretary

shall transmit to the Congress a report that -

(A) describes the implementation of the risk assessment

requirements of this section, including the extent to which

those requirements have affected regulatory decisionmaking and

pipeline safety; and

(B) includes any recommendations that the Secretary

determines would make the risk assessment process conducted

pursuant to the requirements under this chapter a more

effective means of assessing the benefits and costs associated

with alternative regulatory and nonregulatory options in

prescribing standards under the Federal pipeline safety

regulatory program under this chapter.

(c) Public Safety Program Requirements. - (1) The Secretary shall

include in the standards prescribed under subsection (a) of this

section a requirement that an operator of a gas pipeline facility

participate in a public safety program that -

(A) notifies an operator of proposed demolition, excavation,

tunneling, or construction near or affecting the facility;

(B) requires an operator to identify a pipeline facility that

may be affected by the proposed demolition, excavation,

tunneling, or construction, to prevent damaging the facility; and

(C) the Secretary decides will protect a facility adequately

against a hazard caused by demolition, excavation, tunneling, or

construction.

(2) To the extent a public safety program referred to in

paragraph (1) of this subsection is not available, the Secretary

shall prescribe standards requiring an operator to take action the

Secretary prescribes to provide services comparable to services

that would be available under a public safety program.

(3) The Secretary may include in the standards prescribed under

subsection (a) of this section a requirement that an operator of a

hazardous liquid pipeline facility participate in a public safety

program meeting the requirements of paragraph (1) of this

subsection or maintain and carry out a damage prevention program

that provides services comparable to services that would be

available under a public safety program.

(4) Promoting public awareness. -

(A) Not later than one year after the date of enactment of the

Accountable Pipeline Safety and Accountability Act of 1996,(!2)

and annually thereafter, the owner or operator of each interstate

gas pipeline facility shall provide to the governing body of each

municipality in which the interstate gas pipeline facility is

located, a map identifying the location of such facility.

(B)(i) Not later than June 1, 1998, the Secretary shall survey

and assess the public education programs under section 60116 and

the public safety programs under section 60102(c) and determine

their effectiveness and applicability as components of a model

program. In particular, the survey shall include the methods by

which operators notify residents of the location of the facility

and its right of way, public information regarding existing

One-Call programs, and appropriate procedures to be followed by

residents of affected municipalities in the event of accidents

involving interstate gas pipeline facilities.

(ii) Not later than one year after the survey and assessment

are completed, the Secretary shall institute a rulemaking to

determine the most effective public safety and education program

components and promulgate if appropriate, standards implementing

those components on a nationwide basis. In the event that the

Secretary finds that promulgation of such standards are not

appropriate, the Secretary shall report to Congress the reasons

for that finding.

(d) Facility Operation Information Standards. - The Secretary

shall prescribe minimum standards requiring an operator of a

pipeline facility subject to this chapter to maintain, to the

extent practicable, information related to operating the facility

as required by the standards prescribed under this chapter and,

when requested, to make the information available to the Secretary

and an appropriate State official as determined by the Secretary.

The information shall include -

(1) the business name, address, and telephone number, including

an operations emergency telephone number, of the operator;

(2) accurate maps and a supplementary geographic description,

including an identification of areas described in regulations

prescribed under section 60109 of this title, that show the

location in the State of -

(A) major gas pipeline facilities of the operator, including

transmission lines and significant distribution lines; and

(B) major hazardous liquid pipeline facilities of the

operator;

(3) a description of -

(A) the characteristics of the operator's pipelines in the

State; and

(B) products transported through the operator's pipelines in

the State;

(4) the manual that governs operating and maintaining pipeline

facilities in the State;

(5) an emergency response plan describing the operator's

procedures for responding to and containing releases, including -

(A) identifying specific action the operator will take on

discovering a release;

(B) liaison procedures with State and local authorities for

emergency response; and

(C) communication and alert procedures for immediately

notifying State and local officials at the time of a release;

and

(6) other information the Secretary considers useful to inform

a State of the presence of pipeline facilities and operations in

the State.

(e) Pipe Inventory Standards. - The Secretary shall prescribe

minimum standards requiring an operator of a pipeline facility

subject to this chapter to maintain for the Secretary, to the

extent practicable, an inventory with appropriate information about

the types of pipe used for the transportation of gas or hazardous

liquid, as appropriate, in the operator's system and additional

information, including the material's history and the leak history

of the pipe. The inventory -

(1) for a gas pipeline facility, shall include an

identification of each facility passing through an area described

in regulations prescribed under section 60109 of this title but

shall exclude equipment used with the compression of gas; and

(2) for a hazardous liquid pipeline facility, shall include an

identification of each facility and gathering line passing

through an area described in regulations prescribed under section

60109 of this title, whether the facility or gathering line

otherwise is subject to this chapter, but shall exclude equipment

associated only with the pipeline pumps or storage facilities.

(f) Standards as Accommodating "Smart Pigs". -

(1) Minimum safety standards. - The Secretary shall prescribe

minimum safety standards requiring that -

(A) the design and construction of new natural gas

transmission pipeline or hazardous liquid pipeline facilities,

and

(B) when the replacement of existing natural gas transmission

pipeline or hazardous liquid pipeline facilities or equipment

is required, the replacement of such existing facilities be

carried out, to the extent practicable, in a manner so as to

accommodate the passage through such natural gas transmission

pipeline or hazardous liquid pipeline facilities of

instrumented internal inspection devices (commonly referred to

as "smart pigs"). The Secretary may extend such standards to

require existing natural gas transmission pipeline or hazardous

liquid pipeline facilities, whose basic construction would

accommodate an instrumented internal inspection device to be

modified to permit the inspection of such facilities with

instrumented internal inspection devices.

(2) Periodic inspections. - Not later than October 24, 1995,

the Secretary shall prescribe, if necessary, additional standards

requiring the periodic inspection of each pipeline the operator

of the pipeline identifies under section 60109 of this title. The

standards shall include any circumstances under which an

inspection shall be conducted with an instrumented internal

inspection device and, if the device is not required, use of an

inspection method that is at least as effective as using the

device in providing for the safety of the pipeline.

(g) Effective Dates. - A standard prescribed under this section

and section 60110 of this title is effective on the 30th day after

the Secretary prescribes the standard. However, the Secretary for

good cause may prescribe a different effective date when required

because of the time reasonably necessary to comply with the

standard. The different date must be specified in the regulation

prescribing the standard.

(h) Safety Condition Reports. -

(1) The Secretary shall prescribe

regulations requiring each operator of a pipeline facility (except

a master meter) to submit to the Secretary a written report on any

-

(A) condition that is a hazard to life, property, or the

environment; and

(B) safety-related condition that causes or has caused a

significant change or restriction in the operation of a pipeline

facility.

(2) The Secretary must receive the report not later than 5

working days after a representative of a person to which this

section applies first establishes that the condition exists. Notice

of the condition shall be given concurrently to appropriate State

authorities.

Title 49: Transportation

PART 191—TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE; ANNUAL REPORTS, INCIDENT REPORTS, AND SAFETY-RELATED CONDITION REPORTS

§ 191.23 Reporting safety-related conditions.

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(a) Except as provided in paragraph (b) of this section, each operator shall report in accordance with §191.25 the existence of any of the following safety-related conditions involving facilities in service:

(1) In the case of a pipeline (other than an LNG facility) that operates at a hoop stress of 20 percent or more of its specified minimum yield strength, general corrosion that has reduced the wall thickness to less than that required for the maximum allowable operating pressure, and localized corrosion pitting to a degree where leakage might result.

(2) Unintended movement or abnormal loading by environmental causes, such as an earthquake, landslide, or flood, that impairs the serviceability of a pipeline or the structural integrity or reliability of an LNG facility that contains, controls, or processes gas or LNG.

(3) Any crack or other material defect that impairs the structural integrity or reliability of an LNG facility that contains, controls, or processes gas or LNG.

(4) Any material defect or physical damage that impairs the serviceability of a pipeline that operates at a hoop stress of 20 percent or more of its specified minimum yield strength.

(5) Any malfunction or operating error that causes the pressure of a pipeline or LNG facility that contains or processes gas or LNG to rise above its maximum allowable operating pressure (or working pressure for LNG facilities) plus the build-up allowed for operation of pressure limiting or control devices.

(6) A leak in a pipeline or LNG facility that contains or processes gas or LNG that constitutes an emergency.

(7) Inner tank leakage, ineffective insulation, or frost heave that impairs the structural integrity of an LNG storage tank.

(8) Any safety-related condition that could lead to an imminent hazard and causes (either directly or indirectly by remedial action of the operator), for purposes other than abandonment, a 20 percent or more reduction in operating pressure or shutdown of operation of a pipeline or an LNG facility that contains or processes gas or LNG.

(b) A report is not required for any safety-related condition that—

(1) Exists on a master meter system or a customer-owned service line;

(2) Is an incident or results in an incident before the deadline for filing the safety-related condition report;

(3) Exists on a pipeline (other than an LNG facility) that is more than 220 yards (200 meters) from any building intended for human occupancy or outdoor place of assembly, except that reports are required for conditions within the right-of-way of an active railroad, paved road, street, or highway; or

(4) Is corrected by repair or replacement in accordance with applicable safety standards before the deadline for filing the safety-related condition report, except that reports are required for conditions under paragraph (a)(1) of this section other than localized corrosion pitting on an effectively coated and cathodically protected pipeline.

[Amdt. 191–6, 53 FR 24949, July 1, 1988, as amended by Amdt. 191–14, 63 FR 37501, July 13, 1998]

§ 191.25 Filing safety-related condition reports.

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(a) Each report of a safety-related condition under §191.23(a) must be filed (received by the Associate Administrator, OPS) in writing within five working days (not including Saturday, Sunday, or Federal Holidays) after the day a representative of the operator first determines that the condition exists, but not later than 10 working days after the day a representative of the operator discovers the condition. Separate conditions may be described in a single report if they are closely related. Reports may be transmitted by facsimile at (202) 366–7128.

(b) The report must be headed “Safety-Related Condition Report” and provide the following information:

(1) Name and principal address of operator.

(2) Date of report.

(3) Name, job title, and business telephone number of person submitting the report.

(4) Name, job title, and business telephone number of person who determined that the condition exists.

(5) Date condition was discovered and date condition was first determined to exist.

(6) Location of condition, with reference to the State (and town, city, or county) or offshore site, and as appropriate, nearest street address, offshore platform, survey station number, milepost, landmark, or name of pipeline.

(7) Description of the condition, including circumstances leading to its discovery, any significant effects of the condition on safety, and the name of the commodity transported or stored.

(8) The corrective action taken (including reduction of pressure or shutdown) before the report is submitted and the planned follow-up or future corrective action, including the anticipated schedule for starting and concluding such action.

[Amdt. 191–6, 53 FR 24949, July 1, 1988; 53 FR 29800, Aug. 8, 1988, as amended by Amdt. 191–7, 54 FR 32344, Aug. 7, 1989; Amdt. 191–8, 54 FR 40878, Oct. 4, 1989; Amdt. 191–10, 61 FR 18516, Apr. 26, 1996]

Subtitle B--OTHER REGULATIONS RELATING TO TRANSPORTATION

CHAPTER I--PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

SUBCHAPTER D--PIPELINE SAFETY

PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

* * * * *

§ 195.56 Filing safety-related condition reports.

(a) Each report of a safety-related condition under §195.55(a) must be filed (received by the Administrator) in writing within 5 working days (not including Saturdays, Sundays, or Federal holidays) after the day a representative of the operator first determines that the condition exists, but not later than 10 working days after the day a representative of the operator discovers the condition. Separate conditions may be described in a single report if they are closely related. To file a report by facsimile (fax), dial (202) 366–7128.

(b) The report must be headed “Safety-Related Condition Report” and provide the following information:

(1) Name and principal address of operator.

(2) Date of report.

(3) Name, job title, and business telephone number of person submitting the report.

(4) Name, job title, and business telephone number of person who determined that the condition exists.

(5) Date condition was discovered and date condition was first determined to exist.

(6) Location of condition, with reference to the State (and town, city, or county) or offshore site, and as appropriate nearest street address, offshore platform, survey station number, milepost, landmark, or name of pipeline.

(7) Description of the condition, including circumstances leading to its discovery, any significant effects of the condition on safety, and the name of the commodity transported or stored.

(8) The corrective action taken (including reduction of pressure or shutdown) before the report is submitted and the planned follow-up or future corrective action, including the anticipated schedule for starting and concluding such action.

[Amdt. 195–39, 53 FR 24950, July 1, 1988; 53 FR 29800, Aug. 8, 1988, as amended by Amdt. 195–42, 54 FR 32344, Aug. 7, 1989; Amdt. 195–44, 54 FR 40878, Oct. 4, 1989; Amdt. 195–50, 59 FR 17281, Apr. 12, 1994; Amdt. 195–61, 63 FR 7723, Feb. 17, 1998]

(i) Carbon Dioxide Regulation. - The Secretary shall regulate

carbon dioxide transported by a hazardous liquid pipeline facility.

The Secretary shall prescribe standards related to hazardous liquid

to ensure the safe transportation of carbon dioxide by such a

facility.

(j) Emergency Flow Restricting Devices. - (1) Not later than

October 24, 1994, the Secretary shall survey and assess the

effectiveness of emergency flow restricting devices (including

remotely controlled valves and check valves) and other procedures,

systems, and equipment used to detect and locate hazardous liquid

pipeline ruptures and minimize product releases from hazardous

liquid pipeline facilities.

(2) Not later than 2 years after the survey and assessment are

completed, the Secretary shall prescribe standards on the

circumstances under which an operator of a hazardous liquid

pipeline facility must use an emergency flow restricting device or

other procedure, system, or equipment described in paragraph (1) of

this subsection on the facility.

(3) Remotely controlled valves. - (A) Not later than June 1,

1998, the Secretary shall survey and assess the effectiveness of

remotely controlled valves to shut off the flow of natural gas in

the event of a rupture of an interstate natural gas pipeline

facility and shall make a determination about whether the use of

remotely controlled valves is technically and economically feasible

and would reduce risks associated with a rupture of an interstate

natural gas pipeline facility.

(B) Not later than one year after the survey and assessment are

completed, if the Secretary has determined that the use of remotely

controlled valves is technically and economically feasible and

would reduce risks associated with a rupture of an interstate

natural gas pipeline facility, the Secretary shall prescribe

standards under which an operator of an interstate natural gas

pipeline facility must use a remotely controlled valve. These

standards shall include, but not be limited to, requirements for

high-density population areas.

(k) Prohibition Against Low Internal Stress Exception. - The

Secretary may not provide an exception to this chapter for a

hazardous liquid pipeline facility only because the facility

operates at low internal stress.

(l) Updating Standards. - The Secretary shall, to the extent

appropriate and practicable, update incorporated industry standards

that have been adopted as part of the Federal pipeline safety

regulatory program under this chapter.

(m) Inspections by Direct Assessment. - Not later than 1 year

after the date of the enactment of this subsection, the Secretary

shall issue regulations prescribing standards for inspection of a

pipeline facility by direct assessment.

Part B. Collections of Information Employing Statistical Methods

Not applicable.

1 Based on the 2004 U.S. Department of Labor’s Bureau of Labor Statistics National Industry-Specific Occupational Employment and Wage Estimates. The median hourly wage of an engineering manager (for NAICS 486000 – pipeline transportation) is estimated to be $47.96. With an estimated fringe benefit of 35%, the fully loaded cost of an engineering manager in the pipeline industry is $64.75 per hour.

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