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Section 24 Pipeline Safety Standards Incorporated Into the Federal Regulations December 12, 2012

Section 24 Pipeline Safety Standards Incorporated Into the Federal Regulations December 12, 2012. Agenda. • Review of Section 24 text • Where We Were & Where We Are. SEC. 24. LIMITATION ON INCORPORATION OF DOCUMENTS BY REFERENCE.

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Section 24 Pipeline Safety Standards Incorporated Into the Federal Regulations December 12, 2012

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  1. Section 24 Pipeline Safety Standards Incorporated Into the Federal Regulations December 12, 2012

  2. Agenda • Review of Section 24 text • Where We Were & Where We Are

  3. SEC. 24. LIMITATION ON INCORPORATION OF DOCUMENTS BY REFERENCE “Beginning 1 year after the date of enactment of this subsection, the Secretary may not issue guidance or a regulation pursuant to this chapter that incorporates by reference any documents or portions thereof unless the documents or portions thereof are made available to the public, free of charge, on an Internet Web site.”

  4. Related Facts • PHMSA’s Office of Pipeline Safety (OPS) has used national consensus standards as the foundation for pipeline safety regulations beginning with the first rules in 1970 • 20 OPS subject matter experts participate in developing and updating standards covered by over 25 committees • It takes an average of 2 years to promulgate a rule • A number of new standards are currently being considered for adoption in draft regulatory proposals

  5. Related Facts (cont.) • 65 standards are IBR • 20 are currently available for free on the internet • Most have secondary references

  6. Pipeline SDOs • Gas Technology Institute • National Association of Corrosion Engineers • National Fire Protection Agency • Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. • Pipeline Research Council International • Plastics Pipe Institute • American Gas Association • American National Standards Institute • American Petroleum Institute • American Society of Civil Engineers • American Society for Testing and Materials • American Society of Mechanical Engineers International

  7. The issue of accessibility (and reasonable availability) vs. the issue of cost • ACUS Recommendation: Consideration should be given to “the types of parties that need access to the material, and their ability to bear the costs of accessing such materials” • Access determined on a case-by-case basis by the responsible agency

  8. Where We Were • Good Idea – Transparency and Access • Issues Identification • Legal (IP, other Federal guidance) • Financial (Cost of standards or agency development cost) • Practical (rulemaking time, resources, skill, SDO system) • Policy (E.O.s on international cooperation, primacy of U.S. standards) • International (see above & international SDOs) • Technology (e.g. Disability access, access to standards)

  9. Possible Solutions to IBR • Various stakeholders have proposed: • Operational solutions • Business/Licensing solutions • Legislative solutions • A combination of solutions

  10. Where We Are • Post (as of January 2013) on the Internet, via the U.S. Department of Transportation website, the entire text of all consensus standards that are incorporated by reference into future PHMSA regulations, even if the DOT and certain SDOs have not executed intellectual property agreements • Post (as of January 2013) on the Internet only those portions of consensus standards that are incorporated by reference into future PHMSA regulations, even if the DOT and certain SDOs have not executed intellectual property agreements. • Notify (as of January 2013) the public that certain entities are posting SDOs consensus standards online for free but state that the DOT cannot verify the legality or accuracy associated with a third party’s posting • Instead of an entire standard, post (as of January 2013) technical, plain language summaries, as provided by the SDOs, of all consensus standards that are incorporated by reference into PHMSA regulations

  11. Where We Are • Seek legislative changes • Cease incorporating into PHMSA regulations any voluntary consensus standards that are not available for free on the Internet as of Jan. 2013 • Government to write its own technical and safety standards • Government to cease updating any safety rule that relies upon a standard that is unavailable for free on the Internet • Government to encourage a special permit process for an operator to request use of a newer or different standard, which is not incorporated into PHMSA regulations • Reach an agreement with all SDOs, who will post their standards on their own websites.

  12. Where We Are • Some SDOs currently post for free • Tentative agreement with several SDOs to post for free, for rules issued after January 2013 • Continue to work with one significant SDOs to determine how, and when, it may be able to post its standards or rewritten summaries of its standards

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