30-day FRN

Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Notices
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
[Docket No. NHTSA–2020–0070]

Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Automated Vehicle
Transparency and Engagement for
Safe Testing (AV TEST) Initiative
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation (DOT).
ACTION: Notice and request for
comments on a new information
collection.
AGENCY:

In compliance with the
Paperwork Reduction Act of 1995
(PRA), this notice announces that the
Information Collection Request (ICR)
abstracted below will be submitted to
the Office of Management and Budget
(OMB) for review and approval. The ICR
describes the nature of the information
collection and its expected burden.
The information collection described
in this document is for NHTSA’s
planned Automated Vehicle
Transparency and Engagement for Safe
Testing (AV TEST) Initiative, which
involves the collection of voluntarilysubmitted information from entities
involved in the testing of vehicles
equipped with automated driving
systems (ADS) and from States and local
authorities involved in the regulation of
ADS testing. The purpose of this
collection is to provide information to
the public about ADS testing operations
in the United States and applicable
State and local laws, regulations, and
guidelines.
A Federal Register Notice with a 60day comment period soliciting
comments on the information collection
was published on July 2, 2020 (85 FR
39975). NHTSA received 20 comments
and a brief summary and NHTSA’s
response to those comments is provided
in this document.
DATES: Comments must be submitted on
or before October 29, 2020.
ADDRESSES: Written comments and
recommendations for the proposed
information collection, including
suggestions for reducing burden, should
be submitted to the Office of
Management and Budget at
www.reginfo.gov/public/do/PRAMain.
To find this particular information
collection, select ‘‘Currently under
Review—Open for Public Comment’’ or
use the search function.
FOR FURTHER INFORMATION CONTACT: For
additional information or access to

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SUMMARY:

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background documents, contact Michael
Frenchik, Office of Data Acquisition,
Safety Systems Management Division
(NSA–0130), Room W53–303, 1200 New
Jersey Avenue SE, Washington, DC
20590. Mr. Frenchik’s telephone
number is (202) 366–0641. National
Highway Traffic Safety Administration.
U.S. Department of Transportation, 1200
New Jersey Avenue, SE, Washington,
DC 20590.
SUPPLEMENTARY INFORMATION: Under the
PRA (44 U.S.C. 3501 et seq.), a Federal
agency must receive approval from the
Office of Management and Budget
(OMB) before it collects certain
information from the public and a
person is not required to respond to a
collection of information by a Federal
agency unless the collection displays a
valid OMB control number. In
compliance with these requirements,
this notice announces that the following
information collection request will be
submitted OMB.
A Federal Register notice with a 60day comment period soliciting public
comments on the following information
collection was published on July 2,
2020.
Title: Automated Vehicle
Transparency and Engagement for Safe
Testing (AV TEST) Initiative.
OMB Control Number: 2127–NEW.
Form Number: NHTSA Form 1586—
AV TEST Tracker eForm; NHTSA Form
1587—AV TEST Onboarding Form.
Type of Request: Request for approval
of a new information collection.
Type of Review Requested: Regular.
Length of Approval Requested: Three
years from the date of approval.
Summary of the Collection of
Information: The U.S. Department of
Transportation (DOT), National
Highway Traffic Safety Administration
(NHTSA) was established by Congress
to save lives, prevent injuries, and
reduce economic costs due to motor
vehicle crashes through education,
research, safety standards, and
enforcement activity. DOT and NHTSA
are fully committed to reaching an era
of crash-free roadways through the
deployment of innovative lifesaving
technologies. The prevalence of
automotive crashes in the United States
underscores the urgency to develop and
deploy lifesaving technologies that can
dramatically decrease the number of
fatalities and injuries on our Nation’s
roadways.
NHTSA believes that Automated
Driving System (ADS) technology,
including technology contemplating no
human driver at all, has the potential to
significantly improve roadway safety in
the United States. This technology

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remains substantially in development
phases with companies across the
United States performing varying levels
of development, research, and testing
relating to the performance of various
aspects of ADS vehicle technologies.
While much of these development
operations occur in private facilities and
closed-course test tracks, many
stakeholders have progressed to
conducting ADS vehicle testing on
public roads or in public
demonstrations. Moreover, to regulate
such operations in their jurisdictions,
many local authorities, such as States
and cities, have passed laws governing
ADS vehicle testing on public roads.
These statutes, regulations, and
ordinances vary, ranging from
operational requirements to mandating
the submission of periodic reports
detailing ADS vehicle operation.
Description of the Need for the
Information and Proposed Use of the
Information: The AV TEST Initiative
seeks to enhance public education and
engagement with public ADS vehicle
testing by coalescing information
regarding respondents’ various testing
operations or requirements into a
centralized resource. This information
collection seeks voluntarily-provided
information from entities performing
ADS testing about their operations and
information from local authorities about
requirements or recommendations for
such operations. NHTSA will maintain
a digital platform on its website that
collects information from respondents
and makes the information about ADS
operations and applicable State and
local requirements and
recommendations available to members
of the public.
The program will support two main
objectives. The first objective is to
provide the public with access to
geographic visualizations of testing at
the national, State, and local levels. This
information will be displayed on a
graphic of the United States, with
projects overlaid on the geographic
areas in which the testing project is
taking place. By clicking on a testing
location, members of the public will be
able see additional information about
the operation and the ADS operator.
Additional information may include
basic information about the ADS
operator, a brief statement about the
entity, specific details of the testing
activity, high-level (non-confidential)
descriptions of the vehicles and
technology, photos of the test vehicles,
the dates on which testing occurs,
frequency of vehicle operations, the
number of vehicles participating in the
project, the specific streets or areas
comprising the testing routes,

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Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Notices

information about safety drivers and
their training, information about
engagement with the community and/or
local government, weblinks to the
company’s websites with brief
introductory statements, and a link to
the company’s Voluntary Safety SelfAssessment (VSSA).1
The second objective is to provide
members of the public with information
collected from States and local
authorities that regulate ADS
operations. State and local authorities
will be asked to provide weblinks for
specific ADS-related topics, such as
statutes, regulations, or guidelines for
ADS operations, privacy-related issues,
emergency response policies and
training, or other activities that cultivate
ADS testing. The implementation of this
program will provide a central resource
for the aforementioned information
concerning ADS testing across the
United States.
Affected Public: There are two
information collection components to
this request. The first affects entities
engaged in testing of ADS vehicles,
including original manufacturers of
ADS vehicles and ADS vehicle
equipment, and operators of ADS
vehicles. The second affects local
authorities regulating testing of ADS
vehicles within their jurisdictions,
including States, cities, counties, and
other municipalities.
Estimated Number of Respondents:
NHTSA anticipates that the Initiative
will include up to 60 State or local
government respondents and 40 private
industry respondents (ADS developer,
ADS vehicle manufacturer, or ADS
operator respondents) per year.
Frequency: Participation is
completely voluntary and each
participant will choose its respective
degree of involvement and the
frequency of its submissions. Therefore,
the frequency of a participant’s response
may vary due to a variety of factors,
such as the degree of the entity’s
participation in the initiative or the
frequency with which each entity
modifies its ADS testing operations or,
in the case of local authorities, amends
its regulations governing such
operations.
Number of Responses: Participation is
completely voluntary and each
participation will choose the number
and frequency of its submissions.
Therefore, the number of responses from
a participant will vary due to a variety
1 Voluntary Self-Assessments are described in
Automated Driving Systems 2.0: A Vision for
Safety, available at https://www.nhtsa.gov/sites/
nhtsa.dot.gov/files/documents/13069a-ads2.0_
090617_v9a_tag.pdf. VSSAs are covered by the PRA
Clearance with OMB Control Number 2127–0723.

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of factors, such as the degree of the
entity’s participation in the initiative or
the frequency with which each entity
modifies its ADS testing operations or,
in the case of local authorities, amends
its regulations governing such
operations.
Estimated Total Annual Burden
Hours: NHTSA estimates that each State
or local participant will spend
approximately 30 hours per year
providing information to the AV TEST
Initiative and estimates that each private
industry participant will spend
approximately 48 hours per year
providing information to the AV TEST
Initiative. While NHTSA’s estimate for
the burden hours per private industry
participant remained the same from the
July 2, 2020 notice, NHTSA has
increased the burden estimate for State
and local participants. Since publishing
the original notice, NHTSA conducted a
pilot involving 9 State and local
participants and 9 ADS operators.
NHTSA’s revised estimates are based
upon direct work with the participants
in the pilot phase of the AV TEST
Initiative. One of the pilot participants,
Maryland Department of Transportation,
also commented on the July 2 notice.
Specific estimates provided by a
majority of participants in the
initiative’s pilot program confirmed
NHTSA’s original estimate that, on
average, private industry participants
would spend approximately 48 hours
per year, or 4 hours per month, on data
entry for the AV TEST Initiative. This
estimate also factors in time for new
participants to learn how to use the
data-entry platform and submit initial
information. While NHTSA’s estimate
for private industry participants has
remained 48 hours per year, NHTSA has
revised its estimate for State and local
participants based on specific estimates
provided by pilot participants, as well
as NHTSA’s observation of pilot
participants in gathering and submitting
data. Although the July 2 notice
estimated that State and local
participants would spend
approximately 10 hours per year on data
submission to the AV TEST Initiative,
NHTSA now estimates the annual
burden to be 30 hours per participant.
NHTSA estimates that the annual
burden of participation will be
approximately 48 hours for private
industry respondents that include ADS
operators, developers, or vehicle
manufacturers. This total number of
hours represents approximately four
hours per month to perform data entry
for testing projects (4 hours × 12 months
= 48). Therefore, for the estimated 40
private industry participants, the total

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burden is estimated to be 1,920 hours
per year (40 respondents × 48 hours).
NHTSA estimates that the annual
burden of participation will likely be
approximately 30 hours annually for
State or local authorities. The increase
from 10 hours to 30 hours per year was
based on specific estimates provided by
a majority of participants in the
Initiative’s pilot program, including a
public comment by Maryland
Department of Transportation.2
Therefore, for the estimated 60 State or
local authority participants, the total
burden is estimated to be 1,800 hours
per year (60 respondents × 30 hours).
The total annual burden for the entire
information collection request is
estimated to 3,720 hours (1,920 hours +
1,800 hours).
The labor cost associated with this
collection of information is derived by
(1) applying the appropriate average
hourly labor rate published by the
Bureau of Labor Statistics, (2) dividing
by either 0.701 3 (70.1%), for private
industry workers, or 0.623 (62.3%), for
State and local government workers, to
obtain the total cost of compensation,
and (3) multiplying by the estimated
burden hours for each respondent type.
Labor costs associated with original
manufacturers of ADS vehicles or ADS
vehicle equipment and operators of ADS
vehicles are estimated to be $60.96 per
hour for ‘‘Project Management
Specialists,’’ Occupation Code 13–1198,
($42.73 4 per hour ÷ 0.701). The
estimated labor cost per private industry
respondent is estimated to be $2,926.08
per year ($60.96 × 48 hours). Therefore,
the total annual labor cost for private
industry to participate in the AV TEST
Initiative is estimated to be $117,043.
Labor costs associated with State and
local authorities, such as States,
counties, and cities are estimated to be
$60.84 per hour for ‘‘Legal Support
Workers,’’ Occupation Code 23–2099,
($37.90 5 per hour ÷ 0.623). The labor
cost per State and local respondent is
2 This estimate takes into consideration Maryland
Department of Transportation’s public comment to
the 60-Day Notice and Request for Comment: AV
TEST Initiative (https://beta.regulations.gov/
document/NHTSA-2020-0070-0006).
3 See Table 1. Employer Costs for Employee
Compensation by ownership (Dec. 2019), available
at https://www.bls.gov/news.release/ecec.t01.htm
(accessed May 4, 2020).
4 See May 2019 National Industry-Specific
Occupational Employment and Wage Estimates,
NAICS 336100—Motor Vehicle Manufacturing,
available at https://www.bls.gov/oes/current/
naics4_336100.htm#15-0000 (accessed May 4,
2020).
5 See May 2019 National Occupational
Employment and Wage Estimates by ownership,
Federal, state, and local government, available at
https://www.bls.gov/oes/current/999001.htm#230000 (accessed May 4, 2020).

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Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Notices
estimated to be $1,825.20 per year
($60.84 × 30 hours). Therefore, the total
annual labor cost for State and local
authorities to participate in the AV

TEST Initiative is estimated to be
$109,512 per year.
The total annual labor costs for all
respondents, private industry and State
and local authorities together, are

estimated to be $226,555 per year. See
Table 1 below for a summary of
estimated annual burden hours and
estimated labor costs.

TABLE 1—SUMMARY OF ESTIMATED BURDEN HOURS AND ESTIMATED LABOR COSTS
Number of
respondents

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Respondent type

Annual hours
per
respondent

Labor cost
per hour

Annual labor
cost per
respondent

Total annual
estimated
burden hours

Total
annual
labor costs

Original Manufacturer of ADS Vehicles or ADS Vehicle Equipment and Operators of ADS Vehicles .......................................
State or Local Authority ................................................................

40
60

48
30

$60.96
60.84

$2,926.08
1,825.20

1,920
1,800

$117,043
109,512

Total All Respondents ............................................................

100

........................

........................

........................

3,720

226,555

Estimated Total Annual Burden Cost:
NHTSA estimates that there will be no
costs to respondents other than labor
costs associated with burden hours.
Summary of Public Comments: On
July 2, 2020, NHTSA published a notice
in the Federal Register Notice with a
60-day comment period soliciting
comments on the information collection
(85 FR 39975). NHTSA received a total
of 20 comments from organizations and
individuals. A summary of the
comments is provided below and is
arranged by topic area.
Mandatory Data Collection and
Evaluation of Submissions: Several
commenters, such as the National
Transportation Safety Board (NTSB) and
the Center for Auto Safety, were
opposed to the voluntary nature of the
Initiative. Although the commenters
were in favor of NHTSA collecting
information about ADS testing, they
believe that NHTSA should make the
submission of the information
mandatory. Additionally, commenters
suggested that NHTSA require more
specific information that would allow
NHTSA to evaluate the safety of the
ADS testing.
The objective of AV TEST Initiative is
to provide members of the public with
a centralized database of high-level
information about ADS testing activities
and State and local laws,
recommendations, and initiatives. It is,
therefore, outside of the scope of the
project to make any reporting
mandatory or to expand the collection
to include technical information or
information that NHTSA would use to
evaluate the safety of ADS operations.
NHTSA shares the commenters’ view
that detailed technical material often
provides valuable information and, in
fact, the agency frequently engages with
industry participants regarding
technical aspects of their ADS
development. Also, as noted in
Automated Driving Systems 2.0: A
Vision for Safety, NHTSA encourages
ADS developers to make certain

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information available to members of the
public in Voluntary Self-Assessments
(VSSAs). NHTSA has outlined 12 areas
related to ADS safety and performance
to be included in the documents.
Entities that choose to participate in AV
TEST will be presented with a data
entry field to provide a link to their
VSSA if they have one and would like
to include it with their AV TEST
submission.
Data Standardization, Uniformity,
and Completeness: Several commenters
urged NHTSA to take steps to
standardize submissions, including
establishing standard terminology to
increase uniformity of submissions.
NHTSA appreciates this comment and
would like to highlight a few of ways
that NHTSA has designed the system to
balance improving the quality of data
collection and maximizing
participation.
First, the AV TEST Initiative uses a
data entry website that provides a
structured data collection environment
for contributors. Participating
stakeholders are required to complete a
minimum set of data fields when
submitting information.6 If a participant
does not fill in a required field, they
will be prompted to complete it before
the submission can be sent to NHTSA
for publication. Requiring certain data
elements ensures a minimum level of
completion for each submission and
improves the quality of the data that is
placed on the public website. While
certain data fields are required, others
are not. This allows the system to
accommodate a wider range of ADS
testing operations, vehicles, and
jurisdictions. One commenter, General
Motors LLC, advised that significant
6 For a submission for an ADS operation, the
required fields include: Country, State/Province,
City, Public or Private Road, Road Type, Latitude
and Longitude, Base Vehicle Type, Operation
Status, a field asking whether the vehicle has a
safety operator, and a field for the participant to
indicate the type of operation (e.g., providing
service).

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variance could exist for the types and
amounts of data maintained by
companies. As such, NHTSA believes
that additional standardization of
submission requirements or minimum
information thresholds for participation
may unintentionally exclude interested
parties from participation.
Second, NHTSA agrees with
commenters who suggested providing
standard terminology and has integrated
definitions for the requested data
elements into the AV TEST tracker to
ensure participants have a consistent
understanding of the terminology being
used by NHTSA. NHTSA is also
providing a list of terms and definitions
on the public website so that users can
better understand the information
presented.
Third, NHTSA has designed the data
entry website to use drop-down options
for many of the data fields to ensure
greater uniformity across submissions.
For example, the data field for road type
provides the following drop-down
options: freeway, highway, parking lot,
rural, street, business campus, path/
sidewalk, university, unknown, or not
specified. NHTSA believes this feature
will improve data uniformity while
providing sufficient flexibility for
unique operations. For features that do
not have drop-down options, NHTSA
has also taken steps to minimize error.
For example, the data field for number
of vehicles at a test site has character
restrictions.
Accessibility and Vulnerable
Populations: Several organizations
submitted comments underscoring the
potential impact of ADS technologies on
accessibility and mobility, as well as the
impact on children. Commenters
suggested that NHTSA provide
opportunity for participants to submit
information related to accessibility of
ADS operations as well as specific
information related to the transportation
of children.
NHTSA agrees with the comments
and believes information about

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Federal Register / Vol. 85, No. 189 / Tuesday, September 29, 2020 / Notices

engagement with the community is an
integral part of the AV TEST Initiative—
particularly those with accessibility
issues and members of vulnerable
populations. Currently, NHTSA does
not restrict participants from conveying
this information, particularly for ADS
test sites that are available for public
use. However, NHTSA will encourage
participants to provide information on
accessibility and mobility for those with
special needs. NHTSA will do this by
creating new categories of weblinks that
can be submitted to NHTSA. For
example, NHTSA has added a
‘‘Disability or Accessibility’’ category,
just as it has done for Emergency
Response and VSSA information.
Establish Sunset for AV TEST tracker:
Maryland Department of Transportation
(MDOT) suggested NHTSA consider
establishing a time to sunset the AV
TEST tracker to eliminate data
collection redundancy. NHTSA does not
agree with MDOT’s assertion that the
AV TEST Initiative would present a data
collection redundancy for vehicles that
comply with all applicable FMVSS. In
fact, some of the operations reported to
NHTSA during its pilot phase of the AV
TEST Initiative are for ADS operations
involving the use of FMVSS-certified
vehicles equipped with ADS. The type
of information that will be collected
through the AV TEST Initiative is not
duplicative of data collected through
NHTSA’s existing crash data systems
because NHTSA crash data systems only
collect data on vehicles involved in
crashes and vehicle-related deaths and
injuries. NHTSA does not currently
have a mechanism to collect
information about ADS operations.
However, NHTSA notes that data
submitted as part of the AV TEST
Initiative may become stale. For
example, because the AV TEST
Initiative is voluntary, an ADS operator
could provide information on an ADS
operation and never update NHTSA
when the operation is completed.
Although we will provide a mechanism
for participants to change the status of
test sites from active to inactive or
completed, participants may not update
the status of an operation. As the AV
TEST Initiative progresses, NHTSA will
consider reaching out to program
participants about operations that has
not been updated for an extended
period of time. In addition, we have
provided participants the ability to
remove out-of-date information and
archive the data, which removes it from
the AV TEST web page.
Estimated Total Annual Burden
Hours: MDOT estimates States will
spend more than 10 hours per year on
supporting their AV TEST profiles.

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While MDOT acknowledged that that
the 10-hour estimate may be appropriate
for States solely focused on entering
adopted legislation/regulation
information once or twice per year,
MDOT expects to 120 hours responding
to the AV TEST Initiative. MDOT stated
that it will update the AV TEST
database for multi-modal transportation
business units and estimates it will need
10 hours per month for this exercise.
With respect to this subject, the
Commercial Vehicle Safety Alliance,
whose members include many State and
local jurisdictions, advised that it
‘‘deferred to its member jurisdictions’’
on the burden presented by this
collection.
NHTSA appreciates the comments on
this topic and, in particular, the level of
investment in the AV TEST Initiative
that MDOT’s comment anticipates and
hopes that other participants will
similarly dedicate resources as
necessary and appropriate to further the
goals of the program. The majority of
participants in the pilot program
estimated that they have and will
continue to allocate approximately 2–3
hours per month to AV TEST related
activities. Therefore, NHTSA calculates
that State and local organizations will
dedicate approximately 2.5 hours per
month, or 30 hours annually, on their
submissions with variances due to a
range of factors, such as the availability
of resources or each entity’s approaches
to the program. Nevertheless, NHTSA
appreciates MDOT’s comment that some
jurisdiction participants may dedicate
more time than what NHTSA estimates
for the average participant.
Categories of Eligible Participants:
Valeo, an automotive supplier,
commented expressing a desire to
participate in the program and share
information regarding its automated
vehicle development activities. Valeo
specifically requested that NHTSA
enable Tier 1 suppliers to participate in
the AV TEST Initiative in the future.
Additionally, the American Automobile
Association (AAA) recommends that
future versions of the AV TEST
Initiative web platform include
information provided by consumer and
safety groups that evaluate vehicle
technologies with the goal of educating
consumers on the safety benefits,
capabilities, and limitations of these
applications.
In response, NHTSA appreciates AAA
and Valeo’s comments and is
encouraged by the interest generated by
the program at multifaceted levels of the
automotive industry and the public.
NHTSA’s original 60-day notice
contemplated that the collection could
also include motor vehicle equipment

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manufacturers, which could encompass
Tier 1 suppliers conducting AV test
operations on public roads. As the AV
TEST Initiative progresses, NHTSA will
evaluate opportunities to enhance the
scope of project and may consider
allowing submission of information
from organizations engaged in
evaluating emerging vehicle
technologies.
Number of Respondents: Several
commenters expressed a concern that
the voluntary nature of AV TEST would
minimize industry participation, with
one commenter believing that NHTSA’s
original estimate of at least 40 private
participants was too high. Based on the
number of entities that have already
expressed interest in participating,
NHTSA continues to anticipate that its
estimate of 40 private participants is
realistic, with even higher levels of
participation possible as AV TEST
becomes more established and entities
engaged in ADS testing activities
increase.
ADS Policy: NHTSA also received
comments from safety advocates and
individual members of the public
highlighting concerns regarding driving
automation. One comment stated that
‘‘NHTSA should be focusing on proven
safety systems currently available that
can prevent or mitigate the crashes
. . .’’ such as a number of crash
avoidance technologies included in the
NTSB’s Most Wanted Lists of
Transportation Safety Improvements
since 2016. Another commenter
suggested that vehicles equipped with
ADS technologies should be removed
from roadways until NHTSA can ensure
‘‘malware and terrorists cannot hack
these computers driven moving time
bombs.’’ In addition, one commenter
requested that ADS technology testing
be limited to roadways that are built
solely for ADS-equipped vehicles rather
than public roads.
NHTSA appreciates the commenters’
input and will keep this input in mind
when considering future approaches to
ADS technologies.
Public Comments Invited: You are
asked to comment on any aspects of this
information collection, including (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of the burden of the proposed collection
of information, including the validity of
the methodology and assumptions used;
(c) ways to enhance the quality, utility
and clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information

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on respondents, including the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
Authority: The Paperwork Reduction Act
of 1995; 44 U.S.C. Chapter 35, as amended;
49 CFR 1.49; and DOT Order 1351.29.
Chou-Lin Chou,
Associate Administrator, National Center for
Statistics and Analysis.
[FR Doc. 2020–21417 Filed 9–28–20; 8:45 am]
BILLING CODE 4910–59–P

DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
[Docket No. PHMSA–2020–0025]

Pipeline Safety: Overpressure
Protection on Low-Pressure Natural
Gas Distribution Systems
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Notice; Issuance of advisory
bulletin.
AGENCY:

The Pipeline and Hazardous
Materials Safety Administration
(PHMSA) is issuing this advisory
bulletin to remind owners and operators
of natural gas distribution pipelines of
the possibility of failure due to an
overpressurization on low-pressure
distribution systems. PHMSA is also
reminding such owners and operators of
existing federal integrity management
regulations for gas distribution systems.
ADDRESSES: PHMSA guidance,
including the advisory bulletin, can be
found on PHMSA’s website at https://
www.phmsa.dot.gov/guidance.
FOR FURTHER INFORMATION CONTACT:
Technical Questions: Michael
Thompson, Transportation Specialist,
by phone at 503–883–3495 or by email
at [email protected].
General Questions: Ashlin Bollacker,
Technical Writer, by phone at 202–366–
4203 or by email at ashlin.bollacker@
dot.gov.
SUPPLEMENTARY INFORMATION:

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SUMMARY:

I. Natural Gas Distribution Systems
Natural gas distribution systems
deliver natural gas to customers for
heating, cooking, and other domestic
and industrial uses. A basic natural gas
distribution system has four elements:
(1) Mains that transport gas
underground; (2) service lines that
deliver natural gas from the main to the
customer; (3) regulators that control the

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pressure of gas to a designated value;
and (4) meters that measure the quantity
of natural gas used by each customer.
Customer piping takes natural gas from
the meter to the customer’s heating
equipment and other appliances.
There are two types of natural gas
distribution systems used to supply
natural gas to the customer: Highpressure distribution systems and lowpressure distribution systems. In a highpressure distribution system, the gas
pressure in the main is higher than the
pressure provided to the customer. A
pressure regulator installed at each
meter reduces the pressure from the
main to a pressure that can be used by
the customer’s equipment and
appliances. These regulators incorporate
an overpressure protection device to
prevent overpressurization of the
customer’s piping and appliances
should the regulator fail. Additionally,
as of April 14, 2017, all new or replaced
service lines connected to a highpressure distribution system must have
excess flow valves. (§ 192.383).1 Excess
flow valves can reduce the risk of
overpressurization in natural gas
distribution pipelines by shutting off
unplanned, excessive gas flows. Because
each customer’s service line in a highpressure distribution system is
protected by an excess flow valve and
a pressure regulator, it is highly unlikely
that an overpressurization condition in
the main would impact customers.
In a low-pressure natural gas
distribution system, however, the
natural gas in a distribution pipeline
flows predominantly at the same
pressure as the pressure contained
within the customer’s service line
piping. Natural gas is typically supplied
to distribution pipeline mains from a
high-pressure source that connects to,
and flows through, a regulator station.
The regulator station functions to
reduce the pressure to a level that
allows the gas to flow continuously at
a low pressure all the way to premises
of the customers where the gas is
ultimately consumed. Since there are no
regulators at the customer meter set in
a low-pressure system, an overpressure
condition occurring on the distribution
system can affect all customers served
by the system in the event that the
regulator(s) that controls the pressure
for the system fails. This scenario is
1 PHMSA published the final rule, ‘‘Pipeline
Safety: Expanding the Use of Excess Flow Valves
in Gas Distribution Systems to Applications Other
Than Single-Family Residences,’’ on October 14,
2016, but delayed the effective date by six months
to give operators time to comply with the new
provisions. (81 FR 70987). A copy of this final rule
is available in the docket PHMSA–2011–0009 at
https://www.regulations.gov.

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what happened in the September 13,
2018, accident in Merrimack Valley that
prompted the subsequent National
Transportation Safety Board (NTSB)
report and recommendations.
II. CMA’s Accident in Merrimack
Valley
A. Accident Synopsis
On September 13, 2018, a series of
structure fires and explosions occurred
after high-pressure natural gas entered a
low-pressure natural gas distribution
system operated by Columbia Gas of
Massachusetts (CMA), a subsidiary of
NiSource, Inc.2 CMA delivers natural
gas to about 325,000 customers in
Massachusetts. According to an
investigation of the accident conducted
by the National Transportation Safety
Board,3 the fires and explosions
damaged 131 structures, including at
least 5 homes that were destroyed in the
city of Lawrence and the towns of
Andover and North Andover. CMA shut
down the low-pressure natural gas
distribution system serving 10,894
customers, including some outside the
affected area who had their service shut
off as a precaution. An 18-year-old male
was killed when a home exploded, and
the house’s chimney fell onto the
vehicle where he was sitting. Another
person in the vehicle at the time of the
explosion was seriously injured, as was
someone on the second floor of the
house. In total, 22 people, including 3
firefighters, were transported to
hospitals for treatment of their injuries.
B. Background on CMA’s Natural Gas
Main Replacement Project
The low-pressure natural gas
distribution system in the Merrimack
Valley was installed in the early 1900s
and was constructed with cast iron
mains. The system was designed with
14 regulator stations to control the
pressure of natural gas entering the
downstream distribution pipeline
mains. Each regulator station contained
two regulators in series—a ‘‘worker
regulator’’ and a ‘‘monitor regulator’’—
each with a sensing line connected to a
downstream section of main for the
purpose of providing a pressure
measurement back to the regulator
station so that the system could be
maintained at a specified pressure level
of 0.5 pounds per square inch. The
2 CMA is expected to be officially transferred by
NiSource, Inc., to Eversource Energy in November
2020.
3 ‘‘Pipeline Accident Report: Overpressurization
of Natural Gas Distribution System, Explosions, and
Fires in Merrimack Valley, Massachusetts;
September 13, 2018.’’ The National Transportation
Safety Board. Accident Report: NTSB/PAR–19/02.
Adopted September 24, 2019.

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