Qualification of Pipeline Personnel

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 192 and 195

[Docket No. PS-94; Notice 6]

RIN 2137-AB38

Qualification of Pipeline Personnel

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Notice of public meeting.

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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.

SUPPLEMENTARY INFORMATION:

Congressional Mandates

Under 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

On 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.

[[Page 7986]]

Members of the RSPA Negotiated Rulemaking Committee

As 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:

1. American Gas Association (AGA)

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.

2. American Petroleum Institute (API)

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.

7. Midwest Gas Association (MGA)

MGA 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.

14. Office of Pipeline Safety (OPS)

OPS 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.

Conduct of Meeting

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.

[[Page 7987]]

Issued 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