# U.S. DOT/RSPA - Final Regulatory Evaluation and Regulatory Flexibility Certification, High Consequence Areas for Gas Transmission Pipelines

- **operation:** document
- **citation:** 0900006480e8d47e
- **title:** U.S. DOT/RSPA - Final Regulatory Evaluation and Regulatory Flexibility Certification, High Consequence Areas for Gas Transmission Pipelines
- **source type:** rulemaking
- **agency:** Pipeline and Hazardous Materials Safety Administration
- **status:** current
- **official:** true
- **published on:** Not available
- **effective on:** Not available
- **summary:** * U.S. Department of Transportation - -- -3 - -7 1 -1 3 A J Research and Special Programs Administration c 3 -4 L Final Regulatory Evaluation and Regulatory Flexibility Certification High Consequence Areas for Gas Transmission Pipelines a-1d 3 - Reeulatorv Evaluation DOT considers this action to be a non-significant regulatory action under section 3(f) of Executive Order 12866 958 FR 57135;October 4, 1993). Therefore, the Office of Management and Budget ( O M ) has not reviewed this rulemaking document. This final rule is also not significant under DOT’S...
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- **source url:** https://downloads.regulations.gov/PHMSA-RSPA-1998-4470-0058/attachment_1.pdf
**body:**

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U.S. Department of Transportation -
-- -3 - -7 1
-1 3
A J
Research and Special Programs Administration c 3 -4 L
Final Regulatory Evaluation and Regulatory Flexibility Certification
High Consequence Areas for Gas Transmission Pipelines a-1d 3 -

<<<PAGE 2>>>

Reeulatorv Evaluation
DOT considers this action to be a non-significant regulatory action under section 3(f) of
Executive Order 12866 958 FR 57135;October 4, 1993). Therefore, the Office of Management
and Budget ( O M ) has not reviewed this rulemaking document. This final rule is also not
significant under DOT’S regulatory policies and procedures (44 FR 11034; February 26, 1979).
Several mmmenters to the proposed rule (67 FR 1108-11 15, January 9,2002) disagreed with
RSPA’s contention that this rule would incur no costs because it was only a definition. Nisource
Inc.’s submission to the public docket on the proposed HCA rule most closely describes RSPA’s
position that the cost of this rule should be calculated with the implementation of the Pipeline
Safety: Pipeline Integrity Management in High Consequence Areas (Gas Transmission Operators)
Rule. “ While this proposed rule may have no immediate cost impact on the pipeline industq or
the public, as ‘it is only a definition,’ there is no doubt that the rule’s definition of High
Consequence Areas (HCAs) will drive future costs.”
RSPA is in the final stages of developing and publishing its Notice of Proposed Rulemaking for
Gas Integrity Management. In that proposal, RSPA has estimated the cost to gas pipeline
operators to determine which part of its pipeline would fit the detinition for High Consequence
Areas. Therefore, RSPA maintains its belief that this final rule has no cost impact on the pipeline
industry or the public as it is only a definition. The HCA definition will be used in the
forthcoming Pipeline Safety: Pipeline Integrity Management in High Consequence Areas ( G a s
Transmission Operators) Rule. When we issue that proposed rule, we will then fblly evaluate all
the associated costs and benefits.
- - - - R e g u l a t o l y - F l e r i b ~ i ~ ~ € t ~ ~ ~____________
Under the Regulatory Flexibility Act (5 U. S.C. 60 1, et seq.) RSPA must consider whether a
rulemaking would have a signrficant impact on a substantial number of small entities. This final
rulemaking will not impose additional requirements on pipeline operators, including small entities
that operate regulated pipelines. As this action only involves a definition , there are no cost
implications, and thus we determined it had no impact on small entities. Costs are likely to result
once we issue requirements for actions that use this definition a later date. RSPA will soon
propose integrity management requirements for gas transmission pipelines in high consequence
areas; at that time we will examine the costs and benefits of that rulemaking. Based on this
information demonstrating that this rulemaking will not have an economic impact, I certirjl that
this proposed rule will not have a significant impact on a substantial number of small entities.
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