Supplemental FR Notice

Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Proposed Rules
PART 482—CONDITIONS OF
PARTICIPATION FOR HOSPITALS
1. The authority citation for part 482
continues to read as follows:
Authority: Secs. 1102 and 1871 of the
Social Security Act (42 U.S.C. 1302 and
1395(hh)).

2. Section 482.13 is amended by
adding a new paragraph (h) to read as
follows:
§ 482.13 Condition of participation:
Patient’s rights.

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(h) Standard: Patient visitation rights.
A hospital must have written policies
and procedures regarding the visitation
rights of patients, including those
setting forth any clinically necessary or
reasonable restriction or limitation that
the hospital may need to place on such
rights and the reasons for the clinical
restriction or limitation. A hospital
must—
(1) Inform each patient (or
representative, where appropriate) of his
or her visitation rights, including any
clinical restriction or limitation on such
rights, when he or she is informed of his
or her other rights under this section.
(2) Inform each patient (or
representative, where appropriate) of
the right, subject to his or her consent,
to receive the visitors whom he or she
designates, including, but not limited to,
a spouse, a domestic partner (including
a same-sex domestic partner), another
family member, or a friend, and his or
her right to withdraw or deny such
consent at any time.
(3) Not restrict, limit, or otherwise
deny visitation privileges on the basis of
race, color, national origin, religion, sex,
sexual orientation, gender identity, or
disability.
(4) Ensure that all visitors designated
by the patient (or representative, where
appropriate) enjoy visitation privileges
that are no more restrictive than those
that immediate family members would
enjoy.

(f) Standard: Patient visitation rights.
A CAH must have written policies and
procedures regarding the visitation
rights of patients, including those
setting forth any clinically necessary or
reasonable restriction or limitation that
the CAH may need to place on such
rights and the reasons for the clinical
restriction or limitation. A CAH must—
(1) Inform each patient (or
representative, where appropriate) of his
or her visitation rights, including any
clinical restriction or limitation on such
rights, when he or she is informed of his
or her other rights under this section.
(2) Inform each patient (or
representative, where appropriate) of
the right, subject to his or her consent,
to receive the visitors whom he or she
designates, including, but not limited to,
a spouse, a domestic partner (including
a same-sex domestic partner), another
family member, or a friend, and his or
her right to withdraw or deny such
consent at any time.
(3) Not restrict, limit, or otherwise
deny visitation privileges on the basis of
race, color, national origin, religion, sex,
sexual orientation, gender identity, or
disability.
(4) Ensure that all visitors designated
by the patient (or representative, where
appropriate) enjoy visitation privileges
that are no more restrictive than those
that immediate family members would
enjoy.
(Catalog of Federal Domestic Assistance
Program No. 93.773, Medicare—Hospital
Insurance; and Program No. 93.774,
Medicare—Supplementary Medical
Insurance Program). (Catalog of Federal
Domestic Assistance Program No. 93.778,
Medical Assistance Program).
Dated: June 18, 2010.
Marilyn Tavenner,
Acting Administrator and Chief Operating
Officer, Centers for Medicare & Medicaid
Services.
Approved: June 21, 2010.
Kathleen Sebelius,
Secretary.
[FR Doc. 2010–15568 Filed 6–23–10; 11:15 am]

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BILLING CODE 4120–01–P

PART 485—CONDITIONS OF
PARTICIPATION: SPECIALIZED
PROVIDERS

DEPARTMENT OF TRANSPORTATION

3. The authority citation for Part 485
continues to read as follows:

Pipeline and Hazardous Materials
Safety Administration

Authority: Secs. 1102 and 1871 of the
Social Security Act (42 U.S.C. 1302 and
1395(hh)).

4. Section 485.635 is amended by
adding a new paragraph (f) to read as
follows:
§ 485.635 Condition of participation:
Provision of services.

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49 CFR Part 192
[Docket No. PHMSA–RSPA–2004–19854]

Pipeline Safety: Information Collection
Gas Distribution Annual Report Form
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.

AGENCY:

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36615

Request for public comments
and OMB approval of modifications to
an existing information collection.

ACTION:

As required by the Paperwork
Reduction Act of 1995 (PRA), the
Pipeline and Hazardous Materials Safety
Administration (PHMSA) published a
notice in the Federal Register on
December 4, 2009, under Docket No.
PHMSA–2004–19854 of its intent to
revise the agency’s Gas Distribution
System Annual Report Form (PHMSA F
7100.1–1). PHMSA F 7100.1–1 is
covered under the PHMSA information
collection titled: ‘‘Incident and Annual
Reports for Gas Pipeline Operators,’’
with an OMB Control Number of 2137–
0522. PHMSA is publishing this notice
to respond to comments and announce
that the revised information collection
will be submitted to OMB for approval.
This notice also informs operators of gas
distribution systems that PHMSA is
planning for the revised Annual Report
Form, once approved, to be used for the
2010 calendar year and submitted to
PHMSA by March 15, 2011. The portion
of the annual report relative to
mechanical fitting (compression
couplings) failures will be delayed by
one year and will take effect starting
with the 2011 calendar year.
DATES: Submit comments to OMB on or
before July 28, 2010.
ADDRESSES: You may submit comments
identified by the docket number
‘‘PHMSA–2004–19854’’ and OMB
Control Number ‘‘2137–0522’’ by any of
the following methods:
• Fax: 1–202–395–6566, ATTN: Desk
Officer for Department of Transportation
(DOT)/PHMSA.
• Mail: Office of Information and
Regulatory Affairs (OIRA), OMB, 726
Jackson Place, NW., Washington, DC
20503, ATTN: Desk Officer for DOT/
PHMSA.
• E-mail: OIRA, Office of
Management and Budget, at the
following address:
[email protected] (ATTN:
Desk Officer for DOT/PHMSA).
Requests for a copy of the information
collection should be directed to
Cameron Satterthwaite, 202–366–1319
or by e-mail at
[email protected], or by
mail at DOT, PHMSA, 1200 New Jersey
Avenue, SE., Washington, DC 20590–
0001.
SUMMARY:

FOR FURTHER INFORMATION CONTACT:

Technical Information: Mike Israni,
202–366–4571 or by e-mail at
[email protected].
Information Collection: Cameron
Satterthwaite, 202–366–1319 or by email at [email protected].

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Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Proposed Rules

Section
1320.8(d), Title 5, Code of Federal
Regulations requires PHMSA to provide
interested members of the public and
affected agencies an opportunity to
comment on information collection and
recordkeeping requests. This notice
identifies a revised information
collection request that PHMSA will be
submitting to OMB for approval. This
information collection is contained in
the pipeline safety regulations at 49 CFR
parts 190–199. PHMSA has revised
burden estimates, where appropriate, to
reflect the proposed adjustments to the
Gas Distribution System Annual Report
Form (PHMSA F 7100.1–1). The
following information is provided for
the information collection: (1) Title of
the information collection; (2) OMB
control number; (3) type of request; (4)
abstract of the information collection
activity; (5) description of affected
public; (6) estimate of total annual
reporting and recordkeeping burden;
and (7) frequency of collection. PHMSA
will request a three-year term of
approval for the information collection
activity. PHMSA is posting the revised
Gas Distribution Annual Report Form
and instructions to Docket No. PHMSA–
2004–19854. Once approved, the
revised Annual Report Form will be
used to collect information for the 2010
calendar year and submitted to PHMSA
by March 15, 2011. The portion of the
annual report relative to mechanical
fitting (compression couplings) failures
will be delayed by one year and will
take effect starting with the 2011
calendar year.
This notice includes the following:

SUPPLEMENTARY INFORMATION:

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I. Background
II. Summary of Comments
III. Proposed Information Collection
Revisions and Request for Comments

I. Background
On December 4, 2009, (74 FR 34906),
PHMSA published a final rule titled:
‘‘Pipeline Safety: Integrity Management
Program for Gas Distribution Pipelines.’’
The Distribution Integrity Management
Program (DIMP) rulemaking established
the requirements for integrity
management programs for Gas
Distribution systems. In the DIMP notice
of proposed rulemaking, PHMSA
proposed the reporting of all plastic
pipe failures. In the final rule, PHMSA
modified this proposal to limit the
reporting of plastic pipe failures to those
occurring on compression couplings but
extended the collection to include
couplings used in metal pipe. PHMSA
initially provided an opportunity for
comments on this proposal for 30 days
and subsequently published another
Federal Register notice (December 31,

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2009; 74 FR 69286) to allow for a total
comment period of 60 days. PHMSA is
developing a final rule to address the
comments received on this proposal and
revise the pipeline safety regulations to
clarify the extent of pipe fittings
involved in the compression coupling
(mechanical fitting) failure information
collection, revise key dates for the
collection and submission of
mechanical fitting failure information,
align threat categories in § 192.1007
with the ‘‘cause of leak’’ categories on
the Annual Report Form and
Instructions, and clarify the Excess Flow
Valve (EFV) metric to be reported by
operators of gas systems.
In addition to the comment period for
the proposed regulatory requirements,
PHMSA used the December 4, 2009,
final rule to announce a 60-day
comment period seeking public
comments about the proposed
modification of the information
collection: OMB Control Number 2137–
0522, with respect to the corresponding
annual report form (Form PHMSA F
7100.1–1 Annual Report for Gas
Distribution Systems). Section 191.11
requires each operator of a gas
distribution pipeline system, except as
provided in § 191.11(b), to submit report
Form PHMSA F 7100.1–1 Annual
Reports for Gas Distribution System.
The proposed revisions to PHMSA F
7100.1–1 are needed for operators to
submit information required by the
DIMP final rule regarding compression
coupling (mechanical fitting) failures,
four program performance measures,
and the number of EFVs in the system
at the end of the year on single-family
residential services. The purpose of this
notice is to address comments received
from the 60-day comment period and
announce the changes to the annual
report form that will be submitted to
OMB for approval.
II. Summary of Comments
PHMSA received twenty-three letters
commenting on the proposed
compression coupling (now referred to
as mechanical fittings) reporting
requirements on the Distribution
Annual Report Form. The comments
were from twelve pipeline operators,
two trade associations representing
pipeline operators, NAPSR representing
State pipeline safety regulators, one
State pipeline regulatory agency, two
manufacturers, and one industry
consultant. Several commenters
submitted multiple letters. In addition
to comments about the specific
information to be collected, commenters
expressed concern that the reporting
requirements will require operators to
perform a ‘‘root cause’’ analysis of each

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failure. Based on discussion at the
Technical Pipeline Safety Standards
Committee (TPSSC) meeting and
comments submitted to the docket,
PHMSA has further modified the
proposed Distribution Annual Report
Form. A summary of comments about
the proposed changes to the information
collection, PHMSA’s responses, and the
date operators are to begin using the
revised form are provided below.
The comments were grouped into the
following topic summaries:
Comment Topic 1 PRA procedural
requirements in making proposed
changes to the Gas Distribution System
Annual Report form; information being
collected is not compatible with the
purpose of the gas distribution system
annual report.
Comment Topic 2 Delete, change
and define data fields and align terms
used in § 192.1009, and proposed Part F
of the annual report and instructions.
Comment Topic 3 Proposals for
other changes to the Gas Distribution
System Annual Report Form and
instructions.
A discussion of each comment topic
and PHMSA’s response to each follows:
Comment Topic 1: PRA procedural
requirements in making proposed
changes to the Gas Distribution System
Annual Report form; information being
collected is not compatible with the
purpose of the gas distribution system
annual report.
Several commenters maintained that
PHMSA’s proposal to modify the Gas
Distribution Annual Report information
collection did not meet the
requirements of 44 U.S.C 3501 et seq. of
the PRA of 1995. They indicated that
PHMSA did not provide an adequate
description of the need, a statement of
purpose for the data collection, or an
evaluation of the cost benefit of
collecting this data. They claimed the
proposed changes to the information
collection were burdensome,
substantive, and without benefit to
public safety in near term. Additionally,
one commenter stated that the intent of
the information collection presented in
the proposed rule differed from how the
information collection was prescribed in
the final rule in § 192.1009.
Southwest Gas maintained that some
of the changes were inconsistent with
the discussion held with TPSSC on
December 12, 2008, and requested that
the issue be brought back to the TPSSC
for its review and approval.
Some commenters believed that there
should be a separate information
collection for mechanical fitting failure
data. Commenters claimed that the
mechanical fitting failure data was too
detailed for reporting via the Annual

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Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Proposed Rules
Report Form. A commenter stated that
the purpose of the Annual Report Form
is to summarize data about an operator’s
system for the prior year. One
commenter suggested the information be
collected using the Incident Report
form. Another commenter suggested
that information could be collected in a
manner consistent with the Plastic Pipe
Data Collection.
PHMSA Response: PHMSA is taking
the necessary measures to comply with
the PRA procedural requirements in
amending PHMSA F 7100.1–1. The 60day notice published in the December 4,
2009, DIMP final rule and this 30-day
notice are part of those steps to comply
with the PRA requirements. PHMSA
will not implement the amendments to
PHMSA F 7100.1–1 until PHMSA has
received approval from OMB.
Mechanical fitting failure has been the
cause of a number of incidents on
distribution pipelines in recent years
and the subject of two PHMSA
advisories. PHMSA needs additional
information concerning mechanical
fitting failures to determine if there are
any trends or concerns regarding
mechanical fitting failures in the
industry. To identify trends, there needs
to be sufficient data to characterize the
type of fittings which are more
susceptible to failure. If too little
information is collected about the
attributes of the fitting, only broad
generalizations could be developed.
PHMSA seeks to identify the smallest
subset of mechanical fittings which pose
the highest risk. The information
collection will assist PHMSA in
identifying problems where additional
targeted requirements may be needed to
protect public safety and help prevent
future incidents. While the majority of
mechanical fittings currently being
installed are plastic, problems have
been identified with existing steel
mechanical fittings. The quality of
original pipeline installation, quality of
the original material, changes in the
environment, and the appropriateness of
the original design application can
manifest itself in problems over time.
For this reason, in the DIMP final rule,
PHMSA invited public comment on the
extension of this requirement to include
reporting of mechanical fittings failures
on metal pipe. This information
collection may assist operators in
identifying specific mechanical fittings,
including installation or design
practices, which pose the greatest threat
to the integrity of their pipeline system.
PHMSA provided the requirements
for reporting the information collected
in Parts D, E, and F on the Annual
Report Form in the DIMP proposed rule
and final rule. Additionally, PHMSA

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discussed the proposed changes with
the TPSSC as detailed in the transcript
to the meeting which may be reviewed
in under Docket Number PHMSA–
2009–0203 at www.Regulations.gov. In
discussing the revised form with
TPSSC, PHMSA conveyed that the
purpose of the information to be
collected is to determine the root cause
of the fitting failures. PHMSA
mentioned that even if the plastic pipe
failures were removed from reporting,
compression coupling (mechanical
fitting) failure reporting would still be
retained. The National Transportation
Safety Board (NTSB) had informed
PHMSA that a safety recommendation
pertaining to the data collection of
mechanical fitting failure information
was imminent and recommended that
PHMSA revise the DIMP final rule to
address more explicitly the risks from
compression coupling failures. Based on
the discussion at the TPSSC meeting,
PHMSA decided to reduce the
frequency of the reporting from within
90 days of failure to annually.
Operators conveyed that they need six
to twelve months to modify their
Information Technology systems,
internally generated forms, and data
collection procedures to accommodate
DIMP-related information collection
requirements. In direct response to that
concern, PHMSA has revised the
Annual Report form and instructions to
specify the delayed collection of
mechanical fitting failure information in
Part F. PHMSA is planning for operators
to begin the collection of mechanical
fitting failure information on January 1,
2011, for the 2011 Calendar Year with
final submission by March 15, 2012.
PHMSA supports the involvement of all
stakeholders during the review process
for future amendments to the Annual
Report form based on the data collected.
PHMSA is revising the level of effort to
complete this information collection as
detailed in section III: Proposed
Information Collection Revisions and
Request for Comments.
PHMSA uses the information
operators report on the Annual Report
as one method to evaluate operator
performance and identify national
trends. PHMSA strives to enhance safety
in a risk-based, systematic approach to
developing and refining pipeline safety
programs. The collection of mechanical
fitting failure information supports
these objectives. While the information
could be collected through a separate
information collection, the Annual
Report Form is an established channel
and not incongruous with its purpose.
Information operators submit about
their transmission integrity management
programs was recently integrated into

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the Transmission Annual Report Form.
It was logical to have distribution
integrity management information be
reported on the Distribution Annual
Report Form. PHMSA is pursuing
electronic reporting for the Annual
Report Form which will reduce the
reporting burden on operators. The
electronic submission of data will
increase the accuracy and quality of
data collected which, in turn, will
improve PHMSA’s data integration
efforts. Information about electronic
filing can be found in the Updates to
Pipeline and Liquefied Natural Gas
Reporting Requirements notice of
proposed rulemaking published on July
2, 2009 (74 FR 31675).
Comment Topic 2: Delete, change and
define data fields. Align terms used in
§ 192.1009, the Annual Report Form and
Instructions, and the Incident Report
Form and Instructions
Commenters noted that some of the
information requested in the form
regarding mechanical fitting failures
may not be available and if it is
available, would require a significant
effort to locate. The information cited on
the proposed form included ‘‘lot
number’’, ‘‘coupling manufacturer’’, and
‘‘decade of manufacture’’. Commenters
claimed that external coatings may
obscure the manufacturer’s markings.
Operators were concerned about
potential consequences of leaving fields
empty on the Annual Report if they
could not locate the information. They
requested that these fields be deleted
and if they were not deleted, that
PHMSA provide operators relief when
the information is not readily available
or apparent.
Comments were submitted regarding
each mechanical fitting failure data field
on the proposed Annual Report form.
These comments are summarized in the
table below.
PHMSA Response: Locating data
requires a reasonable effort on the part
of operators. Nonetheless, PHMSA
recognizes that operators may not be
able to locate some of the data
requested. While operators may not
always be able to identify some of the
data, the data they can identify will
assist in determining the extent of a
mechanical fitting failure issue. More
granular data such as ‘‘lot number’’ and
‘‘manufacturer’’ may assist in narrowing
an issue to a smaller group of fittings.
The Annual Report form and
instructions provide for the operator to
record ‘‘UNAVAILABLE’’ if the operator
cannot locate the ‘‘lot number’’,
‘‘manufacturer’’, or the ‘‘part or model
Number’’ data. Accordingly, PHMSA
retains the reporting requirements

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Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Proposed Rules

included in the DIMP final rule for each
mechanical fitting failure data field.
We have changed the title for Part F
on the Annual Report Form from

The comments and related PHMSA
response pertaining to the data fields are
summarized in the following table:

Annual report

Public comments

Coupling Manufacturer .........

• The Incident Report form cautions that the industry jargon concerning compression fittings can be misleading.
Manufacturers have utilized each other’s components and sell ‘‘private labeled’’ fittings under their own name.
Manufacturer’s names change.
The instructions from the Incident Report Form are repeated in the Annual Report Form instructions for this field.
The instructions address the commenters’ concerns about identifying the manufacturer who produced the fitting.
• The model number is usually not available. Consider deleting the field.
Field retained. Operators are to record ‘‘UNAVAILABLE’’ when they cannot locate the information with reasonable
effort.
• The lot number is usually not available. Consider deleting the field.
Field retained. Operators are to record ‘‘UNAVAILABLE’’ when they cannot locate the information with reasonable
effort.
• Operators generally know when a fitting was installed but not necessarily when the fitting was manufactured.
The fitting may have been in stock for years prior to installation. The information is not readily available.
• Change to ‘‘Decade of Installation’’.
• The decade a fitting is manufactured may not be accurate because the information would have to be inferred
from pipe installation records
The field ‘‘Decade of Manufacture’’ was split into two fields for the operator to provide the best information the operator has available; ‘‘Year Installed’’ and ‘‘Year Manufactured’’. The year of installation is generally shown on
the as-built drawing and/or on a map. If neither the year installed nor the year manufactured is known but the
decade manufactured is known, the field ‘‘Decade Manufactured’’ is to be used.
• Use radio buttons similar to those in the Incident Report.
• ‘‘Meter set’’ and ‘‘Riser joint’’ are confusing. A failure on a flexible field assembled riser could be reported as
located either at the meter set or in a riser joint.
The field ‘‘Location in the System’’ was split into two fields, ‘‘Location of System’’ and ‘‘Type of Mechanical Fitting’’, to better identify and reduce confusion as to where the failed fitting was located. The ‘‘Location in the
System’’ will identify if the fitting is above or below ground, inside or outside, and if it connects a main-to-main,
a main-to-service, or a service-to-main. The type of mechanical fittings include: service/main tee, tapping tee,
transition fitting, coupling, riser, adapter, valve, sleeve, or other fitting. Radio buttons are provided.
• Change the instructions for ‘‘Nominal pipe size’’ and ‘‘Material Type’’ to ‘‘Enter the piping material to which the
leaking/pulled-out compression fitting was connected.’’ and ‘‘Enter the nominal piping size’’.
Radio buttons for most common nominal pipe sizes were added to the form along with a selection of the dimension type of IPS, CTS, or NPS.
• Segregate the data sets for plastic fittings from metal fittings to avoid confusion in the data.
• Add type of materials being joined by the compression couplings.
The ‘‘Material Type (Body)’’ field was split into three fields to identify the fitting material and the material of the
two pipes connected to the fitting.
• Consider deleting the field.
• Change to ‘‘Cause of Release’’ or ‘‘Cause of Leak’’.
• Change to ‘‘Apparent Root Cause’’.
• Determining the ‘‘nature of failure’’ goes beyond reporting to performing a ‘‘root cause’’ analysis. Operators
would need to develop new practices and procedures to determine root cause.
• PHMSA should develop procedures for how to perform a root cause analysis.
• Select the ‘‘nature of failure’’ from the following choices: ‘‘leak through seal’’, ‘‘leak through body’’ or ‘‘pull-out’’.
• Select the ‘‘nature of failure’’ from the existing eight causes from Part C of the Annual Report Form.
• Compressive forces during installation may be fixed by design or they may be influenced by human factors. External forces or environmental changes may also affect them.
• Performance of compression couplings are dependent upon design, fabrication, installation, application, and
external factors.
• Need to further delineate between types of couplings. Request industry stakeholder group create standard for
performing a root cause analysis and for reporting of data.
• Gather factual data regarding the largest problems: installation and application practices. Operators should report data, not the failure cause. Reporting of cause requires expert forensic analysis. Remove ‘‘manufacturing
defect’’ as operators cannot determine.
• Analysis is best performed at the operator level.
Field retained. Operators are to record ‘‘UNAVAILABLE’’ when they cannot locate the information with reasonable
effort. Operators are required to investigate failures per section 192.617. The investigation of a hazardous leak
on a mechanical fitting would follow the operator’s established procedure for determining the cause of the failure. The field ‘‘Nature of Failure’’ was changed to ‘‘Apparent cause of leak’’ and provided the same choices as
on the Annual Report Form in Part C- Total Leaks and Hazardous leaks eliminated/repaired During Year. Additionally, the field was split into two additional fields for operators to select the type of defect (construction, material, design, previous damage, thermal expansion/contraction) and the location of the leak (leak through seal,
leak through body, pull-out).
• Term ‘‘Number of Similar Failures’’ was not mentioned in 192.1009.
• Determining the number of similar failures requires judgment.
• Consider deleting the field. Nature of the information requested, such as lot number/part number makes it impractical to have similar failures.
• Confusing and inappropriate—Consider deleting the field.

PHMSA Response ...............
Model No. .............................
PHMSA Response ...............
Lot Number ..........................
PHMSA Response ...............
Decade of Manufacture ........

PHMSA Response ...............

Location in System ...............
PHMSA Response ...............

Nominal Pipe Size ................
PHMSA Response ...............
Material Type (Body) ............
PHMSA Response ...............
Nature of Failure ..................

PHMSA Response ...............

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‘‘compression coupling’’ to ‘‘mechanical
fitting’’.

Number of Similar Failures ..

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Annual report

Public comments

PHMSA Response ...............

This field was intended to reduce the number of failures an operator would report if they were similar in nature.
Due to the confusion, PHMSA eliminates this field.

Comment Topic 3 Proposals for
Other Changes to the Gas Distribution
System Annual Report Form and
Instructions.
Some of the other comments proposed
changes to other parts of the Annual
Report Form. A commenter requested
that one of the columns titled: ‘‘Other’’
in Part B.1 be amended to ‘‘Other
Plastic’’ to be consistent with Part B.2
and B.3. Another commenter
maintained that based on The Integrity
Management for Gas Distribution Report
of Phase 1 Investigations (December
2005), the ‘‘PERCENT OF
UNACCOUNTED FOR GAS’’ in Part H is
not a valid national level performance
measure and should be removed from
the Annual Report Form.
NAPSR suggested that PHMSA
modify the form instructions to align
with the changes recently made to the
incident report form and instructions.
NAPSR also proposed a revision of the
definition of ‘‘excavation damage’’ to
include ‘‘damaged tracer wire’’ and the
use of the term ‘‘enclosure’’ as opposed
to the ‘‘housing’’ for the line device.
Commenters also requested a ‘‘save’’
feature for electronic reporting so that
the report can be printed out and
circulated for review prior to electronic
submittal. Additionally, they noted the
importance of the use of pick lists when
possible instead of free form data
collection.
PHMSA Response: PHMSA
appreciates the input commenters
provided to improve the Annual Report
Form. PHMSA made an editorial
correction to the column titles for
‘‘Other’’ in Part B.1 and B.2 on the
proposed Annual Report form. A ‘‘save’’
feature will be available for electronic
data submission for the revised annual
report. The paper submission includes
pick lists as will future electronic
submission. Under this information
collection notice, PHMSA limits
changes to and addresses comments
about the Annual Report form and
instructions to those proposed in the
DIMP final rule.
jlentini on DSKJ8SOYB1PROD with PROPOSALS

36619

Type of Request: Revision of currently
approved information collection to one
form within the information collection,
PHMSA F 7100.1–1 Annual Reports for
Gas Distribution System.
Abstract: Currently Information
Collection 2137–0522 titled: ‘‘Incident
and Annual Reports for Gas Pipeline
Operators’’ has an approved burden
hour estimate of 37,845 hours. This
information collection consists of
incident and annual reporting for gas
pipeline operators. Based on review of
proposed changes to the Gas
Distribution Annual Report form data,
PHMSA estimates the respondent
community of 1,262 Distribution
Operators to report a total of 18,000
mechanical fitting failures. PHMSA
estimates that the form changes relative
to this notice will result in one hour
increase per mechanical fitting failure.
These actions would result in an
increase from 37,845 hours to an
estimated 55,845 hours (37,845 hours +
18,000 hours).
The result of this revision is specified
in the following:
Affected Public: Gas Pipeline
Operators.
Estimated Number of Respondents:
2,212.
Estimated Total Annual Burden
Hours: 55,845 hours (18,000 hour
increase).
Frequency of collection: Annually
with the option for the operator to
submit mechanical fitting failure
information electronically at greater
frequency if the operator chooses.
Issued in Washington, DC on June 18,
2010.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2010–15633 Filed 6–25–10; 8:45 am]
BILLING CODE 4910–60–P

III. Proposed Information Collection
Revisions and Request for Comments
The revised burden hours associated
with this information collection is:
Title of Information Collection:
Incident and Annual Reports for Gas
Pipeline Operators.
OMB Control Number: 2137–0522.

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 300
[Docket No. 100507218–0219–01]
RIN 0648–AY91

International Fisheries; South Pacific
Tuna Fisheries; Procedures to Request
Licenses and a System to Allocate
Licenses
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:

Pursuant to its authority
under the South Pacific Tuna Act of
1988 (SPTA), NMFS proposes
regulations to modify the procedures
that U.S. purse seine vessels use to
request fishing licenses to fish in areas
managed under the SPTA. This rule
would also establish a system for
allocating licenses in the event more
applications are received than there are
licenses available. Such an allocation
system is needed because the number of
applications is approaching the number
of available licenses, and may exceed
that number. The proposed license
allocation system would include
objective criteria to be used by NMFS in
prioritizing among license applicants.
The license application procedures
would be modified in accordance with
the allocation system, and would be
designed to provide license holders and
prospective license applicants with a
clear and certain regulatory process. The
regulations for vessels licensed under
the SPTA would also be modified to
require that the vessel monitoring
system units (VMS units), also known as
mobile transmitting units, installed and
carried on the vessels are a type that is
NMFS-approved.
DATES: Comments must be received in
writing by August 12, 2010.
ADDRESSES: You may submit comments
on this proposed rule, identified by
0648–AY91, and the regulatory impact
review (RIR) prepared for the proposed
rule, by any of the following methods
• Electronic submissions: Submit all
electronic public comments via the
SUMMARY:

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