{"operation":"document","citation":"PHMSA Guidance, Pipeline Safety: Operator Qualification Requirements","title":"Pipeline Safety: Operator Qualification Requirements","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-11-26","effective_on":"2004-11-26","summary":"Pipeline Safety: Operator Qualification Requirements Document 04-26104.pdf (106.26 KB) RSPA’s Office of Pipeline Safety (RSPA/OPS) is issuing this advisory bulletin to owners and operators of natural gas and hazardous liquid pipeline systems concerning the minimum requirements for operator qualification (OQ) programs for personnel performing covered tasks on a pipeline facility. The bulletin reminds system owners and","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-pipeline-safety-operator-qualification-requirements-a63edf28.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-pipeline-safety-operator-qualification-requirements-a63edf28.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-pipeline-safety-operator-qualification-requirements-a63edf28","source_url":"https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/pipeline-safety-operator-qualification-requirements","body":"Pipeline Safety: Operator Qualification Requirements\n\nDocument\n\n 04-26104.pdf (106.26 KB)\n\n        RSPA’s Office of Pipeline Safety (RSPA/OPS) is issuing this advisory bulletin to owners and operators of natural gas and hazardous liquid pipeline systems concerning the minimum requirements for operator qualification (OQ) programs for personnel performing covered tasks on a pipeline facility. The bulletin reminds system owners and operators that the deadline for modifying their OQ programs to comply with the additional statutory requirements in Section 13 of the Pipeline Safety Improvement Act of 2002 is December 17, 2004. The bulletin also advises system owners and operators that reviews of OQ programs conducted by RSPA/OPS inspectors after December 17, 2004, will consider whether the programs are in compliance with these additional statutory requirements, even if the relevant provisions of the pipeline safety regulations are not amended by that date. \n\n          Issued Date: Friday, November 26, 2004\n\n<<<PAGE 1>>>\n\n69028 Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Notices\nFederal Register on December 1, 2000\n(65 FR 75222).\nThe agency received more than 20\ncomments on the tire labeling\ninformation required by 49 CFR 571.109\nand 119, part 567, part 574, and part\n575. In addition, the agency conducted\na series of focus groups, as required by\nthe TREAD Act, to examine consumer\nperceptions and understanding of tire\nlabeling. Few of the focus group\nparticipants had knowledge of tire\nlabeling beyond the tire brand name,\ntire size, and tire pressure.\nBased on the information obtained\nfrom comments to the ANPRM and the\nconsumer focus groups, we have\nconcluded that it is likely that few\nconsumers have been influenced by the\ntire construction information (number of\nplies and cord material in the sidewall\nand tread plies) provided on the tire\nlabel when deciding to buy a motor\nvehicle or tire.\nTherefore, the agency agrees with\nGoodyear’s statement that the incorrect\nmarkings in this case do not present a\nserious safety concern.1 There is no\neffect of the noncompliance on the\noperational safety of vehicles on which\nthese tires are mounted. In the agency’s\njudgment, the incorrect labeling of the\ntire construction information will have\nan inconsequential effect on motor\nvehicle safety because most consumers\ndo not base tire purchases or vehicle\noperation parameters on the number of\nplies in the tire. In addition, the tires are\ncertified to meet all the performance\nrequirements of FMVSS No. 109 and all\nother informational markings as\nrequired by FMVSS No. 109 are present.\nGoodyear has corrected the problem.\nIn consideration of the foregoing,\nNHTSA has decided that the petitioner\nhas met its burden of persuasion that\nthe noncompliance described is\ninconsequential to motor vehicle safety.\nAccordingly, Goodyear’s petition is\ngranted and the petitioner is exempted\nfrom the obligation of providing\nnotification of, and a remedy for, the\nnoncompliance.\nAuthority: 49 U.S.C. 30118, 30120;\ndelegations of authority at CFR 1.50 and\n501.8.\nIssued on: November 18, 2004.\nKenneth N. Weinstein,\nAssociate Administrator for Enforcement.\n[FR Doc. 04–26103 Filed 11–24–04; 8:45 am]\nBILLING CODE 4910–59–P\nDEPARTMENT OF TRANSPORTATION\nResearch and Special Programs\nAdministration\nPipeline Safety: Operator Qualification\nRequirements\nAGENCY: Research and Special Programs\nAdministration (RSPA), DOT.\nACTION: Notice; issuance of advisory\nbulletin.\n1 This decision is limited to its specific facts. As\nsome commenters on the ANPRM noted, the\nexistence of steel in a tire’s sidewall can be relevant\nto the manner in which it should be repaired or\nretreaded.\nSUMMARY: RSPA’s Office of Pipeline\nSafety (RSPA/OPS) is issuing this\nadvisory bulletin to owners and\noperators of natural gas and hazardous\nliquid pipeline systems concerning the\nminimum requirements for operator\nqualification (OQ) programs for\npersonnel performing covered tasks on\na pipeline facility. The bulletin reminds\nsystem owners and operators that the\ndeadline for modifying their OQ\nprograms to comply with the additional\nstatutory requirements in Section 13 of\nthe Pipeline Safety Improvement Act of\n2002 is December 17, 2004. The bulletin\nalso advises system owners and\noperators that reviews of OQ programs\nconducted by RSPA/OPS inspectors\nafter December 17, 2004, will consider\nwhether the programs are in compliance\nwith these additional statutory\nrequirements, even if the relevant\nprovisions of the pipeline safety\nregulations are not amended by that\ndate.\nADDRESSES: This document can be\nviewed at the OPS home page at:\nhttp://ops.dot.gov.\nFOR FURTHER INFORMATION CONTACT:\nStanley Kastanas, (202) 366–3844; or by\ne-mail, stanley.kastanas@rspa.dot.gov.\nThis document can be viewed at the\nRSPA/OPS home page at http://\nops.dot.gov. General information about\nthe RSPA/OPS programs may be\nobtained by accessing RSPA’s home\npage at http://rspa.dot.gov.\nSUPPLEMENTARY INFORMATION:\nI. Background\nIn 1999, RSPA/OPS issued regulations\nrequiring operators of natural gas and\nhazardous liquid pipelines to establish\nand follow operator qualification (OQ)\nprograms to ensure that pipeline\npersonnel performing covered tasks on\na pipeline facility were properly\nqualified to do so. (64 FR 46866; Aug.\n27, 1999) (codified at 49 CFR Part 192,\nSubpart N, and 49 CFR Part 195,\nSubpart G). These regulations required\npipeline operators to have a written OQ\nprogram in place by April 27, 2001, and\nto have completed the qualification of\nindividuals performing covered tasks by\nOctober 28, 2002.\nOn December 17, 2002, the President\nsigned the Pipeline Safety Improvement\nAct of 2002 (Pub. L. 107–355, 116 Stat.\n2985) (PSIA 2002). Section 13 of PSIA\n2002 (codified at 49 U.S.C. 60131)\ncontains additional OQ program\nrequirements that are not yet\nincorporated into the existing\nregulations, and requires that they be\nimplemented by pipeline operators no\nlater than December 17, 2004. Of\nparticular note, Section 13 of PSIA 2002\nrequires that OQ programs provide for\nperiodic requalification of pipeline\npersonnel. In addition, once an OQ\nprogram has undergone compliance\nreview by RSPA/OPS, operators must\nnotify RSPA/OPS of any significant\nprogram modifications and those\nmodifications are subject to RSPA/OPS\nreview.\nWith respect to the time frame for\npipeline operators to modify their OQ\nprograms, paragraph (e)(6) of Section 13\nof PSIA 2002 requires operators to\ncomply with the new statutory OQ\nrequirements:\n* * * Notwithstanding any failure of the\nSecretary to prescribe standards and criteria\nas described in subsection (b), an operator of\na pipeline facility shall develop and adopt a\nqualification program that complies with the\nrequirement of subsection (b)(2)(B) and\nincludes the elements described in\nsubsection (d) not later than 2 years after the\ndate of enactment of this section [December\n17, 2004].\nRSPA/OPS has called attention to\nthese additional OQ program\nrequirements in public forums attended\nby operators as well as during reviews\nof OQ programs. RSPA/OPS is currently\npreparing amendments to the existing\nOQ regulations in Parts 192 and 195 to\nincorporate these additional program\nrequirements. Operators are reminded\nthat these requirements are part of\npublic law, and reviews of OQ programs\nconducted by RSPA/OPS inspectors\nafter December 17, 2004, will consider\nwhether the programs were in\ncompliance as of the required date, even\nif the relevant provisions of the pipeline\nsafety regulations are not yet amended\nby that date.\nII. Advisory Bulletin (ADB–04–05)\nTo: Owners and Operators of Gas and\nHazardous Liquid Pipeline Systems.\nSubject: Implementation of Operator\nQualification (OQ) Requirements\nMandated by the Pipeline Safety\nImprovement Act of 2002 (Pub. L. 107–\n355, 116 Stat. 2985) (PSIA 2002).\nPurpose: To inform pipeline system\nowners and operators of congressionally\nmandated requirements for\nmodifications to OQ programs for\nindividuals performing covered tasks on\nVerDate jul<14>2003 13:28 Nov 24, 2004 Jkt 205001 PO 00000 Frm 00154 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\26NON1.SGM 26NON1\n\n<<<PAGE 2>>>\n\nFederal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Notices\n69029\ngas and hazardous liquid pipeline\nfacilities.\nAdvisory: PSIA 2002 was signed into\nlaw on December 17, 2002. Certain\nprovisions of Section 13 of PSIA 2002,\nwhich are not yet incorporated into the\nexisting OQ regulations at 49 CFR Part\n192, Subpart N, and 49 CFR 195,\nSubpart G, require that pipeline\noperators modify their existing OQ\nprograms by December 17, 2004, as\nfollows:\n1. An operator OQ program must\ninclude a periodic requalification\ncomponent that provides for\nexamination or testing of individuals,\nincluding:\nA method for examining or testing the\nqualifications of individuals, which may\ninclude written examination, oral\nexamination, observation during on-the-\njob performance, on-the-job training,\nsimulations, and other forms of\nassessment. The method may not be\nlimited to observation of on-the-job\nperformance, except with respect to\ntasks for which RSPA/OPS has\ndetermined that such observation is the\nbest method of examining or testing\nqualifications. The results of any such\nobservations shall be documented in\nwriting.\nIn accordance with the OQ review\nprotocols and existing industry practice,\nthe requalification intervals established\nby operators must reflect the relevant\nfactors including the complexity,\ncriticality, and frequency of\nperformance of the task, and be justified\nby appropriate documentation.\n2. A program to provide training, as\nappropriate, to ensure that individuals\nperforming covered tasks have the\nnecessary knowledge and skills to\nperform the tasks in a manner that\nensures the safe operation of pipeline\nfacilities.\n3. If the operator of a pipeline facility\nsignificantly modifies a program that\nhas been reviewed for compliance by\nRSPA/OPS, the operator must notify\nRSPA/OPS of the modifications. RSPA/\nOPS will review such modifications in\naccordance with applicable laws and\nregulations.\nOperators are again reminded that\nthese OQ program requirements are part\nof public law, and reviews of programs\nconducted by RSPA/OPS inspectors\nafter December 17, 2004, will consider\nwhether the programs were in\ncompliance as of the required date, even\nif the relevant provisions of the pipeline\nsafety regulations are not yet amended\nby that date.\nIssued in Washington, DC on November 19,\n2004.\nStacey L. Gerard,\nAssociate Administrator for Pipeline Safety.\n[FR Doc. 04–26104 Filed 11–24–04; 8:45 am]\nBILLING CODE 4910–60–P\nVerDate jul<14>2003 13:28 Nov 24, 2004 Jkt 205001 PO 00000 Frm 00155 Fmt 4703 Sfmt 4703 E:\\FR\\FM\\26NON1.SGM 26NON1","truncated":false,"body_characters":10691}