{"operation":"document","citation":"PHMSA Guidance, Notice of Limited Enforcement Discretion for Certain Onshore Gas Transmission Pipelines Conducting Remedial Actions Under 49 CFR 192.473","title":"Notice of Limited Enforcement Discretion for Certain Onshore Gas Transmission Pipelines Conducting Remedial Actions Under 49 CFR 192.473","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-04-20","effective_on":"2023-04-20","summary":"Notice of Limited Enforcement Discretion for Certain Onshore Gas Transmission Pipelines Conducting Remedial Actions Under 49 CFR 192.473 Document 192.473-Notice-of-Enforcement-Discretion.pdf (197.41 KB) In relation to its final rulemaking entitled \"Pipeline Safety: Safety of Gas Transmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Ame","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-notice-limited-enforcement-discretion-certain-onshore-gas-transmission-pipelines-conducting-remedial-actions-under-49-cfr-192-473-3c9fdcac.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-notice-limited-enforcement-discretion-certain-onshore-gas-transmission-pipelines-conducting-remedial-actions-under-49-cfr-192-473-3c9fdcac.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-notice-limited-enforcement-discretion-certain-onshore-gas-transmission-pipelines-conducting-remedial-actions-under-49-cfr-192-473-3c9fdcac","source_url":"https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/notice-limited-enforcement-discretion-certain-onshore-gas-transmission-pipelines-conducting-remedial-actions-under-49-cfr-192-473","body":"Notice of Limited Enforcement Discretion for Certain Onshore Gas Transmission Pipelines Conducting Remedial Actions Under 49 CFR 192.473\n\nDocument\n\n 192.473-Notice-of-Enforcement-Discretion.pdf (197.41 KB)\n\n        In relation to its final rulemaking entitled \"Pipeline Safety: Safety of Gas Transmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments,\" PHMSA is providing notice that in certain limited circumstances documented by the operator, PHMSA will exercise regulatory enforcement discretion to refrain from enforcing the 15-month period to complete remedial action under § 192.473(c)(4). The qualifying circumstances are listed in the Enforcement Discretion and involve good-faith action by the operator.\n\nSee the Enforcement Discretion for complete details.\n\n          Issued Date: Thursday, April 20, 2023\n\n<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nApril 20, 2023\nNOTICE OF LIMITED ENFORCEMENT DISCRETION FOR CERTAIN ONSHORE\nGAS TRANSMISSION PIPELINES CONDUCTING REMEDIAL ACTIONS UNDER 49\nCFR 192.473(c)(4)\nRe: Limited Enforcement Discretion for Operators Delayed in Certain Good-Faith Efforts to\nComplete Remedial Actions under 49 CFR 192.473(c)(4).\nOn August 24, 2022, the Pipeline and Hazardous Materials Safety Administration\n(“PHMSA”) published in the Federal Register a final rule titled “Pipeline Safety: Safety of Gas\nTransmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic\nProtection, Management of Change, and Other Related Amendments.”1 This Final Rule responds\nto recommendations of the National Transportation Safety Board in the wake of the deadly 2010\nincident on a Pacific Gas & Electric gas transmission pipeline in San Bruno, California. The\nFinal Rule introduces an amended 49 CFR 192.473(c), which requires interference surveys to\nensure pipeline integrity from stray electrical currents that can accelerate external corrosion.\nAfter identification of deficiencies from those surveys, subparagraph (c)(4) of that provision of\nthe Final Rule requires operators to complete remedial actions no later than the earlier of (1) 15\nmonths (measured from the completion of the interference survey), or (2) as soon as practicable,\nbut not to exceed 6 months following acquisition of permits necessary for those remedial actions.\nPHMSA expects that 15 months following completion of an interference survey is\nsufficient time to complete any remedial actions from deficiencies identified from that survey,\nand notes that § 192.473(c)(4) requires operators to conduct remedial actions “promptly.”\nHowever, PHMSA understands that there may be certain situations in which, due to no fault of\nits own, an operator attempting in good faith to remediate promptly is unable to complete the\nremedial actions within the 15-month period prescribed in the Final Rule. These include: (1) an\noperator which timely applies for, and diligently pursues, permits to conduct remedial actions but\ndoes not receive one or more necessary permits from the pertinent regulatory authority(ies)\nallowing them to complete remedial actions within the 15-month period; (2) notwithstanding an\noperator’s timely and diligent efforts, where a third-party delays an operator in acquiring access\nto rights-of-way necessary to conduct remedial action; or (3) where, during or after initial\nremediation efforts, the operator receives further interference current survey findings that require\nfurther remediation, and that may delay completion of ongoing remediation actions. In each of\n1 87 FR 52224 (Aug. 24, 2022) (“Final Rule”).\n\n<<<PAGE 2>>>\n\n2\nthese three scenarios, action outside the operator’s control may impede an operator in meeting\nthe Final Rule’s 15-month timeline for completing remediation actions. PHMSA expects these\nscenarios for exceeding the 15-month remediation action timeline to be exceedingly rare and\nreminds operators that § 192.473(c)(4) requires that they apply for any permits necessary for\nremedial action no later than “6 months of completing the interference survey that identified the\ndeficiency.”\nNonetheless, in those circumstances in which an operator has undertaken good faith,\ndiligent efforts to complete remediation action, and where such good faith efforts are\ndocumented by the operator, PHMSA will not enforce the 15-month compliance deadline under\n§ 192.473(c)(4) for completion of remedial actions that is delayed due to: (1) obtaining necessary\npermits notwithstanding timely applications and diligence in pursuit, (2) acquiring access to\nnecessary rights-of-way notwithstanding timely and diligent efforts, or (3) subsequent survey\nfindings requiring further remediation. Operators that do not complete remediation within the 15-\nmonth period and who are availing themselves of this enforcement discretion notice must notify\nPHMSA, which they can do using procedures similar to those found in § 192.18. Following\nreceipt of any necessary permits and/or access to rights-of-way, PHMSA expects operators to\n(consistent with § 192.473(c)(4)) complete any remedial actions “promptly” and “as soon as\npracticable, but not to exceed 6 months” from the date of receipt of any such (delayed) permits or\naccess rights.\nPHMSA will memorialize this enforcement discretion within implementation material for\nPHMSA inspectors and recommends that its state partners conform to the contents of this limited\nenforcement discretion. PHMSA will consider in a future rulemaking a similar allowance for\ngood faith delay, with § 192.18 notification, as a narrow exception to § 192.473(c)(4). This\nlimited enforcement discretion will remain in effect until such time as that future rulemaking is\ncompleted.\nRegulated entities may rely on this notice as a temporary safeguard from PHMSA\nregulatory enforcement as described herein. To the extent this notice includes guidance on how\nregulated entities may comply with existing regulations, it does not have the force and effect of\nlaw and is not meant to bind the regulated entities in any way. Nothing herein prohibits PHMSA\nfrom rescinding this limited exercise of its enforcement discretion and pursuing an enforcement\naction if it determines that a significant safety issue warrants doing so. Nothing herein relieves\noperators from compliance with any other applicable provisions of Federal regulations or other\nlaw, and PHMSA reserves the right to exercise all of its other authorities.\nIssued April 20, 2023, in Washington, D.C.\nAlan K. Mayberry\nAssociate Administrator, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n\n<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nApril 20, 2023\nNOTICE OF LIMITED ENFORCEMENT DISCRETION FOR CERTAIN ONSHORE\nGAS TRANSMISSION PIPELINES CONDUCTING REMEDIAL ACTIONS UNDER 49\nCFR 192.473(c)(4)\nRe: Limited Enforcement Discretion for Operators Delayed in Certain Good-Faith Efforts to\nComplete Remedial Actions under 49 CFR 192.473(c)(4).\nOn August 24, 2022, the Pipeline and Hazardous Materials Safety Administration\n(“PHMSA”) published in the Federal Register a final rule titled “Pipeline Safety: Safety of Gas\nTransmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic\nProtection, Management of Change, and Other Related Amendments.”1 This Final Rule responds\nto recommendations of the National Transportation Safety Board in the wake of the deadly 2010\nincident on a Pacific Gas & Electric gas transmission pipeline in San Bruno, California. The\nFinal Rule introduces an amended 49 CFR 192.473(c), which requires interference surveys to\nensure pipeline integrity from stray electrical currents that can accelerate external corrosion.\nAfter identification of deficiencies from those surveys, subparagraph (c)(4) of that provision of\nthe Final Rule requires operators to complete remedial actions no later than the earlier of (1) 15\nmonths (measured from the completion of the interference survey), or (2) as soon as practicable,\nbut not to exceed 6 months following acquisition of permits necessary for those remedial actions.\nPHMSA expects that 15 months following completion of an interference survey is\nsufficient time to complete any remedial actions from deficiencies identified from that survey,\nand notes that § 192.473(c)(4) requires operators to conduct remedial actions “promptly.”\nHowever, PHMSA understands that there may be certain situations in which, due to no fault of\nits own, an operator attempting in good faith to remediate promptly is unable to complete the\nremedial actions within the 15-month period prescribed in the Final Rule. These include: (1) an\noperator which timely applies for, and diligently pursues, permits to conduct remedial actions but\ndoes not receive one or more necessary permits from the pertinent regulatory authority(ies)\nallowing them to complete remedial actions within the 15-month period; (2) notwithstanding an\noperator’s timely and diligent efforts, where a third-party delays an operator in acquiring access\nto rights-of-way necessary to conduct remedial action; or (3) where, during or after initial\nremediation efforts, the operator receives further interference current survey findings that require\nfurther remediation, and that may delay completion of ongoing remediation actions. In each of\n1 87 FR 52224 (Aug. 24, 2022) (“Final Rule”).\n\n<<<PAGE 2>>>\n\n2\nthese three scenarios, action outside the operator’s control may impede an operator in meeting\nthe Final Rule’s 15-month timeline for completing remediation actions. PHMSA expects these\nscenarios for exceeding the 15-month remediation action timeline to be exceedingly rare and\nreminds operators that § 192.473(c)(4) requires that they apply for any permits necessary for\nremedial action no later than “6 months of completing the interference survey that identified the\ndeficiency.”\nNonetheless, in those circumstances in which an operator has undertaken good faith,\ndiligent efforts to complete remediation action, and where such good faith efforts are\ndocumented by the operator, PHMSA will not enforce the 15-month compliance deadline under\n§ 192.473(c)(4) for completion of remedial actions that is delayed due to: (1) obtaining necessary\npermits notwithstanding timely applications and diligence in pursuit, (2) acquiring access to\nnecessary rights-of-way notwithstanding timely and diligent efforts, or (3) subsequent survey\nfindings requiring further remediation. Operators that do not complete remediation within the 15-\nmonth period and who are availing themselves of this enforcement discretion notice must notify\nPHMSA, which they can do using procedures similar to those found in § 192.18. Following\nreceipt of any necessary permits and/or access to rights-of-way, PHMSA expects operators to\n(consistent with § 192.473(c)(4)) complete any remedial actions “promptly” and “as soon as\npracticable, but not to exceed 6 months” from the date of receipt of any such (delayed) permits or\naccess rights.\nPHMSA will memorialize this enforcement discretion within implementation material for\nPHMSA inspectors and recommends that its state partners conform to the contents of this limited\nenforcement discretion. PHMSA will consider in a future rulemaking a similar allowance for\ngood faith delay, with § 192.18 notification, as a narrow exception to § 192.473(c)(4). This\nlimited enforcement discretion will remain in effect until such time as that future rulemaking is\ncompleted.\nRegulated entities may rely on this notice as a temporary safeguard from PHMSA\nregulatory enforcement as described herein. To the extent this notice includes guidance on how\nregulated entities may comply with existing regulations, it does not have the force and effect of\nlaw and is not meant to bind the regulated entities in any way. Nothing herein prohibits PHMSA\nfrom rescinding this limited exercise of its enforcement discretion and pursuing an enforcement\naction if it determines that a significant safety issue warrants doing so. Nothing herein relieves\noperators from compliance with any other applicable provisions of Federal regulations or other\nlaw, and PHMSA reserves the right to exercise all of its other authorities.\nIssued April 20, 2023, in Washington, D.C.\nAlan K. Mayberry\nAssociate Administrator, Office of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration","truncated":false,"body_characters":12580}