Qualification of Pipeline Personnel

Passage 1[Federal Register Volume 62, Number 35 (Friday, February 21, 1997)] [Proposed Rules] [Pages 7985-7987] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 97-4275] ======================================================================= ----------------------------------------------------------------------- Research and Special Programs Administration [Docket No. PS-94; Notice 6] RIN 2137-AB38 AGENCY: Research and Special Programs Administration (RSPA), DOT. ----------------------------------------------------------------------- SUMMARY: This document announces the first meeting of an advisory committee to conduct a negotiated rulemaking to develop a proposed rule on qualifications of pipeline employees performing certain safety- related functions on pipelines subject to the pipeline safety regulations. The advisory committee is composed of persons who represent the interests that would be affected by the rule, such as gas pipeline operators, hazardous liquid and carbon dioxide pipeline operators, representatives of state and federal governments, and other interested parties. DATES: The advisory committee's first meeting will be held from 8:30 am to 5 pm on April 23-24, 1997. ADDRESSES: The advisory committee meeting will be held in Room 3200- 3204 at the U.S. Department of Transportation, Nassif Building, 400 7th Street SW, Washington, DC. FOR FURTHER INFORMATION CONTACT: Eben M. Wyman, (202) 366-0918, regarding the subject matter of this Notice; or the Dockets Unit, (202) 366-4453, for copies of this document or other material in the docket.#

Passage 2Under sections 106 and 205 of the Pipeline Safety Act of 1992 (Pub. L. No. 102-508; October 24, 1992), 49 U.S.C. 60102, Congress mandated DOT to require that ``all individuals responsible for the operation and maintenance of pipeline facilities be tested for qualifications and certified to perform such functions.'' Section 4 of the Accountable Pipeline Safety and Partnership Act of 1996 (Pub. L. No. 104-304; October 12, 1996), amended that mandate to require that ``all individuals who operate and maintain pipeline facilities shall be qualified to operate and maintain the pipeline facilities.'' The new mandate retains the requirement that ``qualifications applicable to an individual who operates and maintains a pipeline facility shall address the ability to recognize and react appropriately to abnormal operating conditions that may indicate a dangerous situation or a condition exceeding design limits. The operator of a pipeline facility shall ensure that employees who operate and maintain the facility are qualified to operate and maintain the pipeline facilities.'' Notice of Intent To Form a Negotiated Rulemaking Committee#

Passage 3On July 2, 1996, RSPA issued a Notice of Intent (NOI) (61 FR 34410) to inform the public of RSPA's intent to form a Negotiated Rulemaking Committee to develop a proposed rule on the qualification of pipeline personnel who are engaged in pipeline operations, maintenance, and emergency-response functions. Concurrently with the issuance of the NOI, RSPA issued a Notice (61 FR 34413) withdrawing a previous Notice of Proposed Rulemaking in Docket No. PS-94 titled ``Qualification of Pipeline Personnel'' (59 FR 39506). The NOI listed interests that could be affected by a qualification rule and tentatively identified various organizations that could represent those interests. The NOI also invited comments on the issues to be negotiated, and invited interested parties to apply for appointment to the committee if they could demonstrate that their interests could not be adequately represented by the proposed committee members. RSPA received over 20 comments to the NOI, all of which supported the negotiated rulemaking initiative. A few comments focused on the ``Key Issues for Negotiation'' in the NOI. These commenters requested a more general approach to the pipeline qualification issue, and urged RSPA to avoid involvement with specific pipeline-related functions. Further, a gas trade association said that it would be premature to discuss the ``key issues,'' and suggested a number of basic ``guiding principals'' for discussions during the negotiation. RSPA did not intend to limit the Committee's discussion to the ``key issues'' described in the NOI. RSPA is willing to address the comments to the NOI directly, or allow the representatives of these organizations to bring their concerns to the negotiating table. The meeting's agenda and processes will be left to the Committee's discretion, with the help of the facilitator. These procedural issues will be resolved at this initial meeting. Members of the RSPA Negotiated Rulemaking Committee#

Passage 4As noted in the NOI, the Federal Mediation and Conciliation Service (FMCS) served as the convener of this negotiated rulemaking, and will be serving as the facilitator for the Negotiated Rulemaking Committee. RSPA representatives met with FMCS on several occasions to discuss the issues that needed to be addressed and the interests that needed to be represented on a negotiated rulemaking committee. FMCS contacted organizations that might be able to represent various interests, reviewed additional applications for representation, and drafted a tentative membership list. Each organization will be allowed one seat at the negotiating table. Subsequently, the following organizations were approved by the Secretary for membership on the Negotiated Rulemaking Committee: The AGA represents a large number of gas distribution and a few transmission companies in the pipeline industry. AGA members consist of both large and small operators. API represents the interests of the hazardous liquid pipeline companies. API is the major trade association in the petroleum industry. 3. Interstate Natural Gas Association of America (INGAA) INGAA consists mainly of the larger interstate gas transmission pipelines. INGAA represents the larger interstate gas transmission pipeline companies in the natural gas transportation industry. 4. American Public Gas Association (APGA) APGA is a trade association of publicly-owned and municipal gas companies. APGA represents the interests of these municipalities, and although these public companies are generally small, they operate a large number of the distribution pipelines in American cities and suburbs. 5. National Propane Gas Association (NPGA) NPGA consists of many companies that deal with transportation of propane gas. Members of NPGA are usually smaller operators, but the interests of the larger propane transportation companies are also represented. 6. Association of Texas Intrastate Natural Gas Pipelines This association represents the interests of intrastate natural gas transmission pipelines. The Association's work with industry training organizations may contribute to development of the qualifications rule.#

Passage 5MGA is a non-profit organization consisting of over 100 investor- owned utilities, municipal utilities, contractors, and manufacturers. Working with others in the gas pipeline transportation industry, MGA has developed many training programs, including those involving pipeline transportation. 8. National Association of Corrosion Engineers (NACE) NACE is an organization of corrosion experts. Corrosion is the second most common source of pipeline failures, and NACE works primarily on issues of corrosion and corrosion control systems. 9. National Association of Pipeline Safety Representatives (NAPSR) NAPSR is an organization of state pipeline safety programs. This organization represents the state pipeline safety program managers, most of whom would incorporate the Federal final rule on operator personnel qualifications into their state's pipeline safety program. 10. National Association of Regulatory Utility Commissioners (NARUC) NARUC represents the interests of the state utility commissioners, who regulate gas rates and terms of service in most of the fifty states. The qualification rulemaking could have an impact on the costs of gas service incorporated in gas service rates. 11. National Association of Fire Marshals This is a national organization consisting of state fire officials who have expertise on the issue of qualification for emergency response. 12. International Union of Operating Engineers (IUOE) This labor organization represents the interests of many pipeline workers. IUOE represents 21,000 gas industry workers. 13. International Brotherhood of Electrical Workers (IBEW) This labor organization represents a substantial number of pipeline construction and maintenance workers.#

Passage 6OPS will serve as the representative of RSPA, representing the United States Government on the issue of operator personnel qualifications. The OPS representative will be the Designated Federal Official at the negotiations. RSPA coordinated with FMCS throughout the convening process to identify and approach an environmental organization to serve on the committee. Although many environmental groups were contacted, none were interested in participating in the negotiation. Government agencies that are environmentally focused also assisted by soliciting participation through their mailing lists or on their Internet page. Some of these groups said that the issue was too narrowly focused to generate their interest or said they did not know enough about the issue to participate. Environmental groups have had multiple opportunities to express their interest. RSPA solicited applications through the NOI and even named an environmental group as a likely participant. FMCS concluded that a good faith effort was made to include an environmental organization and, due to the lack of interest, suggested that the convening of the committee should proceed with the existing membership. The initial meeting will be held from 8:30 am to 5:00 pm over a two-day period, and may conclude early on the second day depending on the progress of the Committee. Although these meetings will be open to the public, the amount of audience participation, if any, will be determined by the Committee. At the initial meeting of the Committee, considerable explanation and training in the Negotiated Rulemaking process will be provided by FMCS. The Committee will also need to address and reach consensus on many procedural issues, such as the meeting(s) agenda, ground rules for members to follow when addressing the Committee, the procedure for keeping a record or ``minutes'' of the meeting(s), and a schedule for distribution of minutes for correction and concurrence prior to placing them in the public docket. Most importantly, the committee will need to agree on a timeline for the negotiation and a schedule of committee meetings. RSPA believes that the negotiated rulemaking process will provide ample opportunity for all affected parties to present their views and to reach a consensus on a pipeline personnel qualifications rule.#

Passage 7Issued in Washington, D.C., on February 14, 1997. Richard B. Felder, Associate Administrator for Pipeline Safety. [FR Doc. 97-4275 Filed 2-20-97; 8:45 am] BILLING CODE 4910-06-P#