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Although PHMSA does not have
revenue data for the individual small
pipeline operators, based on the most
recent published operator revenue data,
the estimated costs are significantly less
than one percent of revenues for most
firms and there is not likely to be a
significant impact on a substantial small
number of operators.8
Therefore, based on this information
showing that the economic impact of
this rule on small entities will be minor,
I certify under section 605 of the
Regulatory Flexibility Act that these
regulations will not have a significant
impact on a substantial number of small
entities. The final Regulatory Flexibility
Analysis is available in the docket.
D. Executive Order 13175
PHMSA has analyzed this rulemaking
action according to Executive Order
13175, ‘‘Consultation and Coordination
with Indian Tribal Governments.’’
Because this rulemaking action would
not significantly or uniquely affect the
communities of the Indian tribal
governments or impose substantial
direct compliance costs, the funding
and consultation requirements of
Executive Order 13175 do not apply.

jlentini on DSKJ8SOYB1PROD with RULES

E. Paperwork Reduction Act
As required by the Paperwork
Reduction Act of 1995 (44 U.S.C.
3507(d)), DOT will submit all necessary
documents to request the Office of
Management and Budget (OMB) grant
approval for a new information
collection. A copy of the analysis
document will also be entered in the
docket. The RIA contains detailed
information on how PHMSA arrived at
the cost and time estimates noted below.
This final rule contains information
collection requirements that affect
hazardous liquid and gas pipeline
systems. The rule requires hazardous
liquid and gas pipeline operators to
keep records on the following sections:
Control room management procedures;
roles and responsibilities of pipeline
controllers; information on SCADAs,
fatigue mitigation; alarm management;
change management; operating
experience; training; compliance
validation; and deviations. PHMSA
estimates that it would take pipeline
operators approximately 127,328 hours
per year to comply with the rule’s
recordkeeping and record retention
requirements. PHMSA estimates that the
8 See: http://www.ibisworld.com/industry/retail.
aspx?indid=1179&chid=1; http://www.ibisworld.
com/industry/retail.aspx?indid=1184&chid=1; http:
//www.ibisworld.com/industry/retail.
aspx?indid=1181&chid=1; http://www.bts.gov/
publications/national_transportation_statistics/
html/table_03_18.html.

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total costs are approximately between
$4.3 million and $5.9 million the firstyear and approximately between $4.2
million and $5.8 million in successive
years. The RIA has the details on the
estimates used in this analysis.
F. Unfunded Mandates Reform Act of
1995
This rulemaking action does not
impose unfunded mandates under the
Unfunded Mandates Reform Act of
1995. It does not result in costs of
$141.3 million or more to either State,
local, or tribal governments, in the
aggregate, or to the private sector, and
is the least burdensome alternative that
achieves the objective of this
rulemaking action.
G. National Environmental Policy Act
PHMSA has analyzed this rulemaking
action for the purposes of the National
Environmental Policy Act (42 U.S.C.
4321 et seq.). The agency has
determined that implementation of this
rule will not have any significant impact
on the quality of the human
environment. The environmental
assessment is available for review in the
docket.
H. Executive Order 13132
PHMSA has analyzed this rulemaking
action according to Executive Order
13132 (‘‘Federalism’’). The rulemaking
action does not have a substantial direct
effect 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. This rulemaking
action does not impose substantial
direct compliance costs on State and
local governments. Further, no
consultation is needed to discuss the
preemptive effect of the proposed rule.
The pipeline safety laws, specifically 49
U.S.C. 60104(c), prohibits State safety
regulation of interstate pipelines. Under
the pipeline safety law, States have the
ability to augment pipeline safety
requirements for intrastate pipelines
regulated by PHMSA, but may not
approve safety requirements less
stringent than those required by Federal
law. A State may also regulate an
intrastate pipeline facility PHMSA does
not regulate. It is these statutory
provisions, not the rule, that govern
preemption of State law. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
I. Executive Order 13211
Transporting gas and hazardous
liquids impacts the nation’s available
energy supply. However, this
rulemaking action is not a ‘‘significant

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energy action’’ under Executive Order
13211 and is not likely to have a
significant adverse effect on the supply,
distribution, or use of energy. Further,
the Administrator of the Office of
Information and Regulatory Affairs has
not identified this rulemaking action as
a significant energy action.
J. Privacy Act Statement
You may search the electronic form of
comments received in response to any
of our dockets by the name of the
individual submitting the comment (or
signing the comment if submitted for an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19477).
List of Subjects
49 CFR Part 192
Incorporation by reference, Gas,
Natural gas, Pipeline safety, Reporting
and recordkeeping requirements.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide,
Incorporation by reference, Petroleum,
Pipeline safety, Reporting and
recordkeeping requirements.
For the reasons set forth in the
preamble, the Pipeline and Hazardous
Materials Safety Administration is
amending 49 CFR Chapter I as follows:

■

PART 192—TRANSPORTATION OF
NATURAL GAS AND OTHER GAS BY
PIPELINE: MINIMUM FEDERAL
SAFETY STANDARDS
1. The authority citation for part 192
is revised to read as follows:

■

Authority: 49 U.S.C. 5103, 60102, 60104,
60108, 60109, 60110, 60113, 60116, 60118,
and 60137; and 49 CFR 1.53.

2. In § 192.3, definitions for ‘‘alarm,’’
‘‘control room,’’ ‘‘controller,’’ and
‘‘Supervisory Control and Data
Acquisition (SCADA) system’’ are added
in appropriate alphabetical order as
follows:

■

§ 192.3

Definitions.

*

*
*
*
*
Alarm means an audible or visible
means of indicating to the controller
that equipment or processes are outside
operator-defined, safety-related
parameters.
Control room means an operations
center staffed by personnel charged with
the responsibility for remotely
monitoring and controlling a pipeline
facility.
Controller means a qualified
individual who remotely monitors and

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controls the safety-related operations of
a pipeline facility via a SCADA system
from a control room, and who has
operational authority and accountability
for the remote operational functions of
the pipeline facility.
*
*
*
*
*
Supervisory Control and Data
Acquisition (SCADA) system means a

computer-based system or systems used
by a controller in a control room that
collects and displays information about
a pipeline facility and may have the
ability to send commands back to the
pipeline facility.
*
*
*
*
*
■ 3. Amend § 192.7 as follows:

a. In paragraph (b) add ‘‘202–366–
4595’’ after ‘‘20590–001;’’
■ b. In the table in paragraph (c)(2), item
B.(7) is added to read as follows:
■

§ 192.7 What documents are incorporated
by reference partly or wholly in this part?

*

*
*
(c) * * *
(2) * * *

*

Source and name of referenced material

49 CFR reference

*
*
*
*
*
*
B. * * *
(7) API Recommended Practice 1165 ‘‘Recommended Practice for Pipeline SCADA Displays,’’ (API RP 1165) First edition (January 2007).
*

*

*

*

*
*
*
*
4. In § 192.605, paragraph (b)(12) is
added to read as follows:

■

§ 192.605 Procedural manual for
operations, maintenance, and emergencies.

*

*
*
*
*
(b) * * *
(12) Implementing the applicable
control room management procedures
required by § 192.631.
*
*
*
*
*
■ 5. In § 192.615, paragraph (a)(11) is
added to read as follows:
§ 192.615

Emergency plans.

(a) * * *
(11) Actions required to be taken by
a controller during an emergency in
accordance with § 192.631.
*
*
*
*
*
■ 6. Section 192.631 is added to Subpart
L to read as follows:

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§ 192.631

Control room management.

(a) General.
(1) This section applies to each
operator of a pipeline facility with a
controller working in a control room
who monitors and controls all or part of
a pipeline facility through a SCADA
system. Each operator must have and
follow written control room
management procedures that implement
the requirements of this section, except
that for each control room where an
operator’s activities are limited to either
or both of:
(i) Distribution with less than 250,000
services, or
(ii) Transmission without a
compressor station, the operator must
have and follow written procedures that
implement only paragraphs (d)
(regarding fatigue), (i) (regarding
compliance validation), and (j)
(regarding compliance and deviations)
of this section.

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*

*

(2) The procedures required by this
section must be integrated, as
appropriate, with operating and
emergency procedures required by
§§ 192.605 and 192.615. An operator
must develop the procedures no later
than August 1, 2011 and implement the
procedures no later than Febraury 1,
2012.
(b) Roles and responsibilities. Each
operator must define the roles and
responsibilities of a controller during
normal, abnormal, and emergency
operating conditions. To provide for a
controller’s prompt and appropriate
response to operating conditions, an
operator must define each of the
following:
(1) A controller’s authority and
responsibility to make decisions and
take actions during normal operations;
(2) A controller’s role when an
abnormal operating condition is
detected, even if the controller is not the
first to detect the condition, including
the controller’s responsibility to take
specific actions and to communicate
with others;
(3) A controller’s role during an
emergency, even if the controller is not
the first to detect the emergency,
including the controller’s responsibility
to take specific actions and to
communicate with others; and
(4) A method of recording controller
shift-changes and any hand-over of
responsibility between controllers.
(c) Provide adequate information.
Each operator must provide its
controllers with the information, tools,
processes and procedures necessary for
the controllers to carry out the roles and
responsibilities the operator has defined
by performing each of the following:
(1) Implement sections 1, 4, 8, 9, 11.1,
and 11.3 of API RP 1165 (incorporated
by reference, see § 192.7) whenever a
SCADA system is added, expanded or

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*

*

*
§ 192.631(c)(1).
*

replaced, unless the operator
demonstrates that certain provisions of
sections 1, 4, 8, 9, 11.1, and 11.3 of API
RP 1165 are not practical for the SCADA
system used;
(2) Conduct a point-to-point
verification between SCADA displays
and related field equipment when field
equipment is added or moved and when
other changes that affect pipeline safety
are made to field equipment or SCADA
displays;
(3) Test and verify an internal
communication plan to provide
adequate means for manual operation of
the pipeline safely, at least once each
calendar year, but at intervals not to
exceed 15 months;
(4) Test any backup SCADA systems
at least once each calendar year, but at
intervals not to exceed 15 months; and
(5) Establish and implement
procedures for when a different
controller assumes responsibility,
including the content of information to
be exchanged.
(d) Fatigue mitigation. Each operator
must implement the following methods
to reduce the risk associated with
controller fatigue that could inhibit a
controller’s ability to carry out the roles
and responsibilities the operator has
defined:
(1) Establish shift lengths and
schedule rotations that provide
controllers off-duty time sufficient to
achieve eight hours of continuous sleep;
(2) Educate controllers and
supervisors in fatigue mitigation
strategies and how off-duty activities
contribute to fatigue;
(3) Train controllers and supervisors
to recognize the effects of fatigue; and
(4) Establish a maximum limit on
controller hours-of-service, which may
provide for an emergency deviation
from the maximum limit if necessary for
the safe operation of a pipeline facility.

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(e) Alarm management. Each operator
using a SCADA system must have a
written alarm management plan to
provide for effective controller response
to alarms. An operator’s plan must
include provisions to:
(1) Review SCADA safety-related
alarm operations using a process that
ensures alarms are accurate and support
safe pipeline operations;
(2) Identify at least once each calendar
month points affecting safety that have
been taken off scan in the SCADA host,
have had alarms inhibited, generated
false alarms, or that have had forced or
manual values for periods of time
exceeding that required for associated
maintenance or operating activities;
(3) Verify the correct safety-related
alarm set-point values and alarm
descriptions at least once each calendar
year, but at intervals not to exceed 15
months;
(4) Review the alarm management
plan required by this paragraph at least
once each calendar year, but at intervals
not exceeding 15 months, to determine
the effectiveness of the plan;
(5) Monitor the content and volume of
general activity being directed to and
required of each controller at least once
each calendar year, but at intervals not
to exceed 15 months, that will assure
controllers have sufficient time to
analyze and react to incoming alarms;
and
(6) Address deficiencies identified
through the implementation of
paragraphs (e)(1) through (e)(5) of this
section.
(f) Change management. Each
operator must assure that changes that
could affect control room operations are
coordinated with the control room
personnel by performing each of the
following:
(1) Establish communications
between control room representatives,
operator’s management, and associated
field personnel when planning and
implementing physical changes to
pipeline equipment or configuration;
(2) Require its field personnel to
contact the control room when
emergency conditions exist and when
making field changes that affect control
room operations; and
(3) Seek control room or control room
management participation in planning
prior to implementation of significant
pipeline hydraulic or configuration
changes.
(g) Operating experience. Each
operator must assure that lessons

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learned from its operating experience
are incorporated, as appropriate, into its
control room management procedures
by performing each of the following:
(1) Review incidents that must be
reported pursuant to 49 CFR part 191 to
determine if control room actions
contributed to the event and, if so,
correct, where necessary, deficiencies
related to:
(i) Controller fatigue;
(ii) Field equipment;
(iii) The operation of any relief
device;
(iv) Procedures;
(v) SCADA system configuration; and
(vi) SCADA system performance.
(2) Include lessons learned from the
operator’s experience in the training
program required by this section.
(h) Training. Each operator must
establish a controller training program
and review the training program content
to identify potential improvements at
least once each calendar year, but at
intervals not to exceed 15 months. An
operator’s program must provide for
training each controller to carry out the
roles and responsibilities defined by the
operator. In addition, the training
program must include the following
elements:
(1) Responding to abnormal operating
conditions likely to occur
simultaneously or in sequence;
(2) Use of a computerized simulator or
non-computerized (tabletop) method for
training controllers to recognize
abnormal operating conditions;
(3) Training controllers on their
responsibilities for communication
under the operator’s emergency
response procedures;
(4) Training that will provide a
controller a working knowledge of the
pipeline system, especially during the
development of abnormal operating
conditions; and
(5) For pipeline operating setups that
are periodically, but infrequently used,
providing an opportunity for controllers
to review relevant procedures in
advance of their application.
(i) Compliance validation. Upon
request, operators must submit their
procedures to PHMSA or, in the case of
an intrastate pipeline facility regulated
by a State, to the appropriate State
agency.
(j) Compliance and deviations. An
operator must maintain for review
during inspection:
(1) Records that demonstrate
compliance with the requirements of
this section; and

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(2) Documentation to demonstrate
that any deviation from the procedures
required by this section was necessary
for the safe operation of a pipeline
facility.
PART 195—TRANSPORTATION OF
HAZARDOUS LIQUIDS BY PIPELINE
7. The authority citation for part 195
is amended to read as follows:

■

Authority: 49 U.S.C. 5103, 60102, 60104,
60108, 60109, 60116, 60118, and 60137; and
49 CFR 1.53.

8. In § 195.2, definitions for ‘‘alarm,’’
‘‘control room,’’ ‘‘controller,’’ and
‘‘Supervisory Control and Data
Acquisition (SCADA) system’’ are added
in appropriate alphabetical order as
follows:

■

§ 195.2

Definitions.

*

*
*
*
*
Alarm means an audible or visible
means of indicating to the controller
that equipment or processes are outside
operator-defined, safety-related
parameters.
*
*
*
*
*
Control room means an operations
center staffed by personnel charged with
the responsibility for remotely
monitoring and controlling a pipeline
facility.
Controller means a qualified
individual who remotely monitors and
controls the safety-related operations of
a pipeline facility via a SCADA system
from a control room, and who has
operational authority and accountability
for the remote operational functions of
the pipeline facility.
*
*
*
*
*
Supervisory Control and Data
Acquisition (SCADA) system means a
computer-based system or systems used
by a controller in a control room that
collects and displays information about
a pipeline facility and may have the
ability to send commands back to the
pipeline facility.
*
*
*
*
*
■ 9. Amend 195.3 as follows:
■ a. In paragraph (b) add ‘‘202–366–
4595’’ after ‘‘20590–001’’;
■ b. In the table in paragraph (c) items
B.(18) and B.(19) are added to read as
follows:
§ 195.3

*

Incorporation by reference.

*
*
(c) * * *

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*

*

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Source and name of referenced material

49 CFR reference

*
*
*
*
*
*
B. * * *
(18) API Recommended Practice 1165 ‘‘Recommended Practice for Pipeline SCADA Displays,’’ (API RP 1165) First Edition (January 2007).
(19) API Recommended Practice 1168 ‘‘Pipeline Control Room Management,’’ (API RP 1168) First Edition (September
2008).
*

*

*

10. In § 195.402, paragraph (c)(15) and
(e)(10) are added to read as follows:

■

§ 195.402 Procedural manual for
operations, maintenance, and emergencies.

*

*
*
*
*
(c) * * *
(15) Implementing the applicable
control room management procedures
required by § 195.446.
*
*
*
*
*
(e) * * *
(10) Actions required to be taken by
a controller during an emergency, in
accordance with § 195.446.
*
*
*
*
*
11. Section 195.446 is added to read
as follows:

■

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§ 195.446

Control room management.

(a) General. This section applies to
each operator of a pipeline facility with
a controller working in a control room
who monitors and controls all or part of
a pipeline facility through a SCADA
system. Each operator must have and
follow written control room
management procedures that implement
the requirements of this section. The
procedures required by this section
must be integrated, as appropriate, with
the operator’s written procedures
required by § 195.402. An operator must
develop the procedures no later than
August 1, 2011 and implement the
procedures no later than February 1,
2012.
(b) Roles and responsibilities. Each
operator must define the roles and
responsibilities of a controller during
normal, abnormal, and emergency
operating conditions. To provide for a
controller’s prompt and appropriate
response to operating conditions, an
operator must define each of the
following:
(1) A controller’s authority and
responsibility to make decisions and
take actions during normal operations;
(2) A controller’s role when an
abnormal operating condition is
detected, even if the controller is not the
first to detect the condition, including
the controller’s responsibility to take
specific actions and to communicate
with others;

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*

*

(3) A controller’s role during an
emergency, even if the controller is not
the first to detect the emergency,
including the controller’s responsibility
to take specific actions and to
communicate with others; and
(4) A method of recording controller
shift-changes and any hand-over of
responsibility between controllers.
(c) Provide adequate information.
Each operator must provide its
controllers with the information, tools,
processes and procedures necessary for
the controllers to carry out the roles and
responsibilities the operator has defined
by performing each of the following:
(1) Implement API RP 1165
(incorporated by reference, see § 195.3)
whenever a SCADA system is added,
expanded or replaced, unless the
operator demonstrates that certain
provisions of API RP 1165 are not
practical for the SCADA system used;
(2) Conduct a point-to-point
verification between SCADA displays
and related field equipment when field
equipment is added or moved and when
other changes that affect pipeline safety
are made to field equipment or SCADA
displays;
(3) Test and verify an internal
communication plan to provide
adequate means for manual operation of
the pipeline safely, at least once each
calendar year, but at intervals not to
exceed 15 months;
(4) Test any backup SCADA systems
at least once each calendar year, but at
intervals not to exceed 15 months; and
(5) Implement section 5 of API RP
1168 (incorporated by reference, see
§ 195.3) to establish procedures for
when a different controller assumes
responsibility, including the content of
information to be exchanged.
(d) Fatigue mitigation. Each operator
must implement the following methods
to reduce the risk associated with
controller fatigue that could inhibit a
controller’s ability to carry out the roles
and responsibilities the operator has
defined:
(1) Establish shift lengths and
schedule rotations that provide
controllers off-duty time sufficient to
achieve eight hours of continuous sleep;

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*

*
§ 195.446(c)(1).
§ 195.446(c)(5).
*

(2) Educate controllers and
supervisors in fatigue mitigation
strategies and how off-duty activities
contribute to fatigue;
(3) Train controllers and supervisors
to recognize the effects of fatigue; and
(4) Establish a maximum limit on
controller hours-of-service, which may
provide for an emergency deviation
from the maximum limit if necessary for
the safe operation of a pipeline facility.
(e) Alarm management. Each operator
using a SCADA system must have a
written alarm management plan to
provide for effective controller response
to alarms. An operator’s plan must
include provisions to:
(1) Review SCADA safety-related
alarm operations using a process that
ensures alarms are accurate and support
safe pipeline operations;
(2) Identify at least once each calendar
month points affecting safety that have
been taken off scan in the SCADA host,
have had alarms inhibited, generated
false alarms, or that have had forced or
manual values for periods of time
exceeding that required for associated
maintenance or operating activities;
(3) Verify the correct safety-related
alarm set-point values and alarm
descriptions when associated field
instruments are calibrated or changed
and at least once each calendar year, but
at intervals not to exceed 15 months;
(4) Review the alarm management
plan required by this paragraph at least
once each calendar year, but at intervals
not exceeding 15 months, to determine
the effectiveness of the plan;
(5) Monitor the content and volume of
general activity being directed to and
required of each controller at least once
each calendar year, but at intervals not
exceeding 15 months, that will assure
controllers have sufficient time to
analyze and react to incoming alarms;
and
(6) Address deficiencies identified
through the implementation of
paragraphs (e)(1) through (e)(5) of this
section.
(f) Change management. Each
operator must assure that changes that
could affect control room operations are
coordinated with the control room

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personnel by performing each of the
following:
(1) Implement section 7 of API RP
1168 (incorporated by reference, see
§ 195.3) for control room management
change and require coordination
between control room representatives,
operator’s management, and associated
field personnel when planning and
implementing physical changes to
pipeline equipment or configuration;
and
(2) Require its field personnel to
contact the control room when
emergency conditions exist and when
making field changes that affect control
room operations.
(g) Operating experience. Each
operator must assure that lessons
learned from its operating experience
are incorporated, as appropriate, into its
control room management procedures
by performing each of the following:
(1) Review accidents that must be
reported pursuant to § 195.50 and
195.52 to determine if control room
actions contributed to the event and, if
so, correct, where necessary,
deficiencies related to:
(i) Controller fatigue;
(ii) Field equipment;
(iii) The operation of any relief
device;

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(iv) Procedures;
(v) SCADA system configuration; and
(vi) SCADA system performance.
(2) Include lessons learned from the
operator’s experience in the training
program required by this section.
(h) Training. Each operator must
establish a controller training program
and review the training program content
to identify potential improvements at
least once each calendar year, but at
intervals not to exceed 15 months. An
operator’s program must provide for
training each controller to carry out the
roles and responsibilities defined by the
operator. In addition, the training
program must include the following
elements:
(1) Responding to abnormal operating
conditions likely to occur
simultaneously or in sequence;
(2) Use of a computerized simulator or
non-computerized (tabletop) method for
training controllers to recognize
abnormal operating conditions;
(3) Training controllers on their
responsibilities for communication
under the operator’s emergency
response procedures;
(4) Training that will provide a
controller a working knowledge of the
pipeline system, especially during the

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development of abnormal operating
conditions; and
(5) For pipeline operating setups that
are periodically, but infrequently used,
providing an opportunity for controllers
to review relevant procedures in
advance of their application.
(i) Compliance validation. Upon
request, operators must submit their
procedures to PHMSA or, in the case of
an intrastate pipeline facility regulated
by a State, to the appropriate State
agency.
(j) Compliance and deviations. An
operator must maintain for review
during inspection:
(1) Records that demonstrate
compliance with the requirements of
this section; and
(2) Documentation to demonstrate
that any deviation from the procedures
required by this section was necessary
for the safe operation of the pipeline
facility.
Issued in Washington, DC, on November
20, 2009 under authority delegated in 49 CFR
part 1.
Cynthia L. Quarterman,
Administrator.
[FR Doc. E9–28469 Filed 12–2–09; 8:45 am]
BILLING CODE 4910–60–P

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