PHMSA has released a preliminary copy of this interim final rule. It is expected to be published in the Federal Register within the next 7-10 days.
ViaData will publish the official version when released.
The following is a summary of the rule.
This interim final rule (IFR) establishes regulations implementing the emergency order authority conferred on the Secretary of Transportation (Secretary) by the “Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016” (PIPES Act). These regulations are mandated by the PIPES Act and, in accordance with the Act, PHMSA is establishing procedures for the issuance of emergency orders that will be used to address an unsafe condition or practice, or combination of unsafe conditions or practices, that pose an imminent hazard to public health and safety or the environment. By implementing this statutory mandate, PHMSA will enhance its existing enforcement authority to respond immediately to conditions or practices that exist in a subset of, or across, the pipeline industry. This IFR solely affects agency enforcement procedures to implement the emergency order provisions of the law and; therefore, this rulemaking results in no additional burden or compliance costs to industry. PHMSA is issuing this IFR because the PIPES Act directs PHMSA to first issue temporary regulations.
PRESS RELEASE
PHMSA 23-16 Thursday,
October 3, 2016
Contact: Artealia Gilliard
Tel.: 202-366-4831
PHMSA Issues Interim Final Rule
To Implement Expanded Authority
to Issue Emergency Orders, Improve Pipeline Safety
WASHINGTON - The U.S. Department of Transportation's (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) today issued an Interim Final Rule ("IFR") to implement the agency's expanded authority to address unsafe pipeline conditions or practices that pose an imminent hazard to life, property, or the environment. The regulations adopt a provision of the Protecting our Infrastructure of Pipelines Enhancing Safety Act of 2016 (PIPES Act), that allows the agency to impose emergency restrictions, prohibitions, and safety measures on owners and operators of gas or hazardous liquid pipeline facilities to address safety concerns affecting multiple owners or operators.
"Pipeline incidents can have devastating impacts on local communities and the environment," said U.S. Transportation Secretary Anthony Foxx. "The new regulations carry out DOT's enhanced authority to compel industry to take immediate action to address problems that put people, property, or the environment at risk. We hope we never have to use it, but it is an important safety tool that will result in greater protection for the American public."
Examples of when PHMSA may need to use this enhanced authority include instances where a serious manufacturing flaw has been discovered in pipe, equipment or other materials, or when an accident reveals a specific industry practice that is unsafe and needs immediate correction.
"We recognize the critical role that pipelines play in our everyday lives - they deliver important resources, and support our economy and way of life," said PHMSA Administrator Marie Therese Dominguez. "Pipelines also operate in close proximity to people, homes, businesses, and sensitive environmental areas. This new authority gives PHMSA the ability to act quickly to address urgent safety concerns, and to protect people and the environment."
The IFR is effective once posted to the Federal Register, and comments must be received within 60 days of publication.
The IFR has been transmitted to the Federal Register and will be published in 7-10 days.