
[Federal Register Volume 77, Number 104 (Wednesday, May 30, 2012)]
[Proposed Rules]
[Page 31827]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13025]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 196 and 198

[Docket ID PHMSA-2009-0192]
RIN 2137-AE43


Pipeline Safety: Pipeline Damage Prevention Programs

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA); 
DOT.

ACTION: Notice of proposed rulemaking; Extension of comment period.

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SUMMARY: On April 2, 2012, PHMSA published a Notice of Proposed 
Rulemaking (NPRM) seeking to revise the Pipeline Safety Regulations to: 
establish criteria and procedures for determining the adequacy of state 
pipeline excavation damage prevention law enforcement programs; 
establish an administrative process for making adequacy determinations; 
establish the Federal requirements PHMSA will enforce in states with 
inadequate excavation damage prevention law enforcement programs; and 
establish the adjudication process for administrative enforcement 
proceedings against excavators where Federal authority is exercised. 
PHMSA has received a request to extend the comment period to allow 
stakeholders more time to evaluate the NPRM. PHMSA has concurred in 
part with this request and has extended the comment period from June 1, 
2012, to July 9, 2012.

DATES: The closing date for filing comments is extended to July 9, 
2012.

ADDRESSES: Comments should reference Docket No. PHMSA-2009-0192 and may 
be submitted in the following ways:
     E-Gov Web site: http://www.regulations.gov. This Web site 
allows the public to enter comments on any Federal Register notice 
issued by any agency. Follow the instructions for submitting comments.
     Fax: 1-202-493-2251.
     Mail: DOT Docket Management System: U.S. DOT, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington DC 20590-0001.
     Hand Delivery: DOT Docket Management System; West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 
20590-0001 between 9 a.m. and 5 p.m., Monday through Friday, except 
Federal holidays.
    Instructions: You should identify the Docket No. PHMSA-2009-0192 at 
the beginning of your comments. If you submit your comments by mail, 
submit two copies. To receive confirmation that PHMSA received your 
comments, include a self-addressed stamped postcard. Internet users may 
submit comments at http://www.regulations.gov.

    Note: Comments are posted without changes or edits to http://www.regulations.gov, including any personal information provided. 
There is a privacy statement published on http://www.regulations.gov.


FOR FURTHER INFORMATION CONTACT: For further information contact Sam 
Hall, Program Manager, PHMSA by email at sam.hall@dot.gov or by 
telephone at (804) 556-4678 or Larry White, Attorney Advisor, PHMSA by 
email at lawrence.white@dot.gov or by telephone at (202) 366-9093.

SUPPLEMENTARY INFORMATION: On April 2, 2012, PHMSA published a NPRM 
proposing to amend the Federal Pipeline Safety Regulations to establish 
criteria and procedures PHMSA will use to determine the adequacy of 
state pipeline excavation damage prevention law enforcement programs; 
establish an administrative process for states to contest notices of 
inadequacy from PHMSA should they elect to do so; establish the Federal 
requirements PHMSA will enforce in states with inadequate excavation 
damage prevention law enforcement programs; and establish the 
adjudication process for administrative enforcement proceedings against 
excavators where Federal authority is exercised. In the absence of 
regulations specifying the criteria that PHMSA will use to evaluate a 
state's excavation damage prevention law enforcement program, PHMSA 
would take no enforcement action.
    On May 14, 2012, the National Utility Contractors Association 
(NUCA) requested that PHMSA extend the NPRM comment period deadline 
from June 1, 2012, to August 1, 2012, to give NUCA's members enough 
time to share the NPRM with their membership and chapters nationwide, 
and to collect their members' responses and comments for Docket 
submission.
    PHMSA has concurred in part with NUCA's request and has extended 
the comment period from June 1, 2012, to July 9, 2012. This extension 
will provide sufficient additional time for commenters to submit their 
comments.

    Issued in Washington, DC, on May 23, 2012.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2012-13025 Filed 5-29-12; 8:45 am]
BILLING CODE 4910-60-P


