2137-0627 Gas Gathering Final Rule Supporting Statement 11-1-2021

2137-0627 Gas Gathering Final Rule Supporting Statement 11-1-2021.docx

National Registry of Pipeline and LNG Operators

OMB: 2137-0627

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Department of Transportation

Office of the Chief Information Officer


Supporting Statement


“National Registry of Pipeline and LNG Operators”

OMB Control No. 2137-0627

Docket No. PHMSA-2011-0023

RIN 2137-AF38




INTRODUCTION


The Pipeline and Hazardous Materials Safety Administration (PHMSA) requests approval from the Office of Management and Budget (OMB) for an extension of a currently approved collection entitled “National Registry of Pipeline and LNG Operators” currently under OMB Control No. 2137-0627. The current expiration date for this information collection is January 31, 2023.


The extension of this information collection is necessary due to the following PHMSA action that will affect the current collection of information:


Docket No. PHMSA-2011-0023 Pipeline Safety: Safety of Gas Gathering Pipelines: Extension of Reporting Requirements, Regulation of Large, High-Pressure Lines, and Other Related Amendments


  • Requires new Type C and Type R gas gathering pipeline operators to be subject to reporting and notification requirements

  • Adds 26 responses and 26 burden hours to this information collection for OPID registry and notifications



Part A. Justification


  1. Circumstances that make the collection of information necessary.


PHMSA’s statutory authority to collect pipeline facility information from operators is found in 49 U.S.C. 60102. This authority allows for the collection of information such as pipeline location, description, transported products, and any other information pertaining to the safe operation of a pipeline facility under PHMSA jurisdiction.


Moreover, 49 CFR 191.22 and 195.64, require operators to notify PHMSA when they experience significant asset changes, including new construction, that affect PHMSA’s ability to accurately monitor and assess pipeline safety performance. Certain types of changes to, or within, an operator’s facilities or pipeline network represent potential safety-altering activities for which PHMSA may need to inspect, investigate, or otherwise oversee to ensure that any public safety concerns are adequately and proactively addressed. In these cases, timely notification will allow PHMSA to efficiently manage its inspection resources or notify one of its partner state pipeline safety agencies if needed.


The accurate and timely representation of the scope and make-up of the nation’s pipeline and LNG facility infrastructure is not only critical to PHMSA, but it is also critical to the various oversight bodies, Congress, the GAO, the DOT Inspector General, and the NTSB.



2. How, by whom, and for what purpose the information is to be used.


PHMSA will use two forms to collect the applicable registration and notification information from operators for the Registry. The forms and the purpose of the resulting information are identified below:


Operator Assignment Request Form (PHMSA F 1000.1)

The information provided in this form is broken into four different steps as detailed below:


Step 1 “..Basic Report Information”

This step allows for the operator to provide basic information that PHMSA will use to determine whether the requesting operator has regulated assets and currently exists in the registry. PHMSA will also use this information to distinguish relationships between companies and reduce the potential for assigning unnecessary OPIDs to companies.

Step 2 “…Description of Pipelines and/or Facilities”

PHMSA will use this information to collect asset type and location to determine oversight authority (PHMSA region staff or State partners). Once the oversight authority is determined, PHMSA will contact the appropriate entity to assist in the approval process for issuing OPIDs.


Step 3 “…PHMSA-Required Pipeline Safety Program …. Information”

PHMSA will use this information to quickly identify whether the requesting operator’s program is part of any programs for existing operators ( i.e., whether the requesting operator is operationally related to other operators under PHMSA jurisdiction). PHMSA will use this information to efficiently coordinate future inspections.


Step 4 “Provide Contact Information”

PHMSA will use this information to maintain direct lines of communication with key Operator personnel. Contact information is invaluable and vital to the efficient handling of pipeline emergencies and regulatory compliance.



Operator Registry Notification Form (PHMSA F 1000.2)

The purpose of this form is to provide PHMSA with notifications as required under §§ 191.22(c) and 195.64(c). PHMSA will use the information from this form to update the Registry and equip PHMSA and state regulatory staff with relevant and up-to-date information on the operators subject to applicable jurisdictions.

Summary

This Registry is necessary to compile an integrated national pipeline inventory of operator contact and facility information that is current. The Registry will also enable PHMSA to distribute up-to-date pipeline safety information for various technology applications used in the performance of inspections, regulatory oversight, reporting, and other safety-based needs, and will provide the accurate and up-to-date compilation of operating entities and facilities that is a critical element of PHMSA’s pipeline safety mission.


3. Extent of automated information collection.


Operators will be required submit the required forms (OPID Assignment Request and Operator Registry Notification) electronically. Operators unable to submit electronically can contact PHMSA for an alternate means of submission.


  1. Describe efforts to identify duplication.


To date, PHMSA is the only entity that compiles a national database of regulated pipeline operators


  1. Efforts to minimize the burden on small businesses.


PHMSA expects affected operators to be both large and small businesses. However, this information is necessary for safety and tracking purposes regardless of business size. There are currently no exceptions for small businesses.



6. Impact of less frequent collection of information.


The information collection is event driven and therefore cannot be conducted less frequently. PHMSA would be unable to appropriately and properly assess its regulated community. Less frequent information collection could compromise the safety and economic viability of the U.S. pipeline system.


7. Special Circumstances.


No special circumstances apply with this regulation.


8. Compliance with 5 CFR 1320.8(d).


On April 8, 2016, PHMSA published a Noticed of Proposed Rulemaking (NPRM) to seek public comments on the gas transmission pipeline safety regulations (81 FR 20721). During the comment period, PHMSA received no comments pertaining to this information collection request.

PHMSA continued to engage its stakeholders around the issues in this information collection in conjunction with the rulemaking process. Pursuant to 49 U.S.C. 60115(c), PHMSA shared the proposed standards on gathering lines with the Gas Pipeline Advisory Committee (GPAC) after initially considering the comments to the NPRM.a The GPAC met on June 25-26, 2019, to consider the proposed standards regarding gathering lines. Subsequently, PHMSA posted the meeting slides that were used for the GPAC votes as well as the transcript, which constitute the statutorily required report of the GPAC’s recommendations, including minority views.

Additionally, PHMSA maintains an “open-door” policy with its stakeholders where continual engagement on ways to improve pipeline safety are routine. In this vein, PHMSA has participated in various discussions where updates on this information collection were provided. PHMSA included updates on this information collection in its regulatory updates presentation that is used to update stakeholders on the status of pending actions. PHMSA has taken all feedback received into consideration in the proposed adjustments.


9. Payments or gifts to respondents.


PHMSA will not provide payments or gifts to respondents.


10. Assurance of confidentiality.


PHMSA does not have the authority to guarantee confidentiality, moreover, the requirements of this information collection do not include anything of a sensitive nature or of any matters considered confidential.


11. Justification for collection of sensitive information.


The requirements of this information collection do not involve questions of a sensitive nature.


12. Estimate of burden hours for information requested.


Currently Approved Responses: 718 hours

Estimated Annual Responses: 744

Currently Approved Hours: 718 hours

Estimated Burden Hours: 744 hours

The Safety of Gas Gathering Pipelines: Extension of Reporting Requirements, Regulation of Large, High-Pressure Lines, and Other Related Amendments final rule requires gas gathering pipeline operators to request an Operator Identification number (OPID) due to the repeal of the reporting exception for gathering pipelines other than regulated gathering lines as determined in § 192.8. PHMSA plans to adjust the burden for this information collection to account for the addition to the affected community. PHMSA estimates that the addition of previously unregulated gathering lines will add 26 responses and 26 burden hours for new operator registrations and notification requirements as detailed below.


Burden for OPID Assignment Registry (Form PHMSA F 1000.1)

Previously Approved burden: 262 responses and 262 burden hours

Added Burden: 13 responses and 13 burden hours

Estimated total burden: 275 responses and 275 burden hours


PHMSA currently receives an estimated 262 OPID requests annually. PHMSA plans to adjust the burden for the OPID Registry form and instructions to account for the addition of previously unregulated gathering systems. PHMSA believes that many operators of previously unregulated gathering lines are already submitting annual report data for regulated gas gathering lines and may already have an OPID. As such, PHMSA expects to receive approximately 13 new OPID requests.


Burden for Operator Notifications(Form PHMSA F 1000.2)

Previously Approved burden: 456 responses and 456 burden hours

Added Burden: 13 response and 13 burden hour

Estimated total burden: 469 responses and 469 burden hours


PHMSA requires pipeline operators to make notifications by way of form PHMSA F1000.2 when certain events occur. PHMSA currently receives an estimated 456 operator notifications each year. PHMSA plans to adjust the burden for submitting these operator notifications to account for the addition of notifications pertaining to previously unregulated gathering systems. PHMSA expects to receive approximately 13 new notifications from these newly regulated gas gathering pipeline operators. PHMSA estimates that this activity will take 1 hour per operator. Therefore, PHMSA estimates an increase of 13 hour (13 notification *1 hour) to the currently-approved burden for Operator Notifications.


Summary

The burden for this information collection is being amended to account for the additional burden ({13 new OPIDs and 13 new Operator notification responses} x 1 hour = 26 hours) that will be incurred by the newly regulated Type R gas gathering operators. Therefore, PHMSA estimates the overall combined annual burden for OPID Assignment and Operator Notification at 744 responses (718 + 26) and 744 annual burden hours (718+26) for this information collection.





IC

Responses

Burden Per Response

Total Burden

OPID Assignment Registry

275

1 hour

275 hours

Operator Notifications

469

1 hour

469 hours

Total

744 annual responses


744 annual burden hours



13. Estimate of the total annual costs burden.


Operator Registry and Notifications are assumed to be filled out by a senior engineer. Based on the industry-specific occupational and wage estimates provided by the U.S. Department of Labor’s Bureau of Labor Statistics, median hourly wage of an engineering manager (for NAICS 486000 – pipeline transportation)b is estimated as $77.50. Using an estimated fringe benefit of approximately 35 percent, the registry and notification requirements for pipeline operators are prepared at the average rate of $104.63 per hour.


The cost burden associated with this information collection is estimated to $104.63 x 744 hours = $77,844.72.


14. Estimates of costs to the Federal Government.


PHMSA expects to incur no additional costs due to the collection of this information.


  1. Explanation of the program change or adjustments.


Due to the provisions contained within the Safety of Gas Gathering Pipelines: Extension of Reporting Requirements, Regulation of Large, High-Pressure Lines, and Other Related Amendments final rule, Type C and Type R gas gathering pipeline operators must now request OPIDs due to the repeal of the reporting exception for gathering pipelines other than regulated gathering lines as determined in § 192.8. PHMSA plans to revise the OPID Registry form and instructions to account for this addition to the reporting community. PHMSA also requires these newly regulated operators to submit notifications to PHMSA in certain instances. This information collection burden is being adjusted to account for the addition to the affected community of operators.


16. Publication of results of data collection.


PHMSA will publish basic information at www.phmsa.dot.gov. “Basic Information” will be focused on summary data such as:


  • # of operators per state/county

  • # of operators by transported commodity

  • # of operators for all commodities

  • # of miles for each commodity

  • # of miles for each operator


17. Approval for not displaying the expiration date of OMB approval.


PHMSA is not requesting approval to not displaying the expiration date.


  1. Exceptions to the certification statement.


There are no exceptions to the certification statement.


a The Technical Pipeline Safety Standards Committee, or GPAC, is an advisory committee, created pursuant to 49 U.S.C. 60115, that advises PHMSA on proposed safety standards, risk assessments, and safety policies for natural gas pipelines. The GPAC was established under the Federal Advisory Committee Act (Pub. L. 92-463) and § 60115 of the Federal Pipeline Safety Law (49 U.S.C. 60101 et seq.). The GPAC consists of 15 members, with membership divided among Federal and State agencies, the regulated industry, and the public. The GPAC considers the “technical feasibility, reasonableness, cost-effectiveness, and practicability” of each proposed pipeline safety standard and provide PHMSA with recommended actions pertaining to those proposals.

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