
[Federal Register: December 7, 2009 (Volume 74, Number 233)]
[Notices]               
[Page 64123-64124]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07de09-944]                         

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

[Docket No. PHMSA-2009-0349]

 
Pipeline Safety: Operator Qualification (OQ) Program 
Modifications

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

ACTION: Notice; Issuance of Advisory Bulletin.

-----------------------------------------------------------------------

SUMMARY: The Pipeline and Hazardous Materials Safety Administration 
(PHMSA) is issuing this Advisory Bulletin to inform pipeline operators 
about the standardized notification process for operator qualification 
(OQ) plan transmittal from the operator to PHMSA. This Advisory 
Bulletin also informs operators about the addition to PHMSA's glossary 
of definitions of the terms ``Observation of on-the-job performance'' 
as applicable to determining employee qualification and ``Significant'' 
as applicable to OQ program modifications requiring notification. 
Finally, it makes other miscellaneous clarifications to assist 
operators in complying with OQ program requirements.

FOR FURTHER INFORMATION CONTACT: Warren Miller by phone at 816-329-3815 
or by e-mail at warren.miller@dot.gov regarding the subject matter of 
this Advisory Bulletin, or the Dockets Unit, (202) 366-4453, for copies 
of this Advisory Bulletin or other material in the docket. All 
materials in this docket may be accessed electronically at http://
dma.dot.gov. General information about the PHMSA Office of Pipeline 
Safety (OPS) can be obtained by accessing OPS's Internet home page at 
http://www.phmsa.dot.gov/pipeline.

SUPPLEMENTARY INFORMATION:

I. Background

    On March 3, 2005, PHMSA issued a Direct Final Rule (70 FR 10332) on 
qualification of pipeline personnel which amended the requirements for 
pipeline operators to develop and maintain a written qualification 
program for individuals performing covered tasks on pipeline 
facilities. In response to implementation issues and questions that 
arose after the rule was published, PHMSA has previously published 
Advisory Bulletins regarding OQ programs. These bulletins remain 
relevant:
     ADB-04-05, Operator Qualification Requirements, published 
November 26, 2004.
     ADB-06-01, Notice to Operators of Natural Gas and 
Hazardous Liquid Pipelines to Integrate Operator Qualification 
Regulations into Excavation Activities, published January 17, 2006.
    Based on input from State pipeline safety program managers and the 
PHMSA Federal and State OQ Team, PHMSA has developed a standardized 
process for OQ plan transmittal from the operator to PHMSA. The team 
also developed definitions of the terms ``Observation of on-the-job 
performance'' as applicable to determining employee qualification and 
``Significant'' as applicable to OQ program modifications requiring 
notification. PHMSA has added these definitions to its glossary of 
terms. Finally, the team identified other miscellaneous clarifications 
to assist operators in complying with OQ program requirements.

II. Advisory Bulletin ADB-09-03

    To: Owners and Operators of Hazardous Liquid and Natural Gas 
Pipeline Systems.
    Subject: Operator Qualification Programs.
    Advisory: This Advisory Bulletin informs pipeline operators about 
the standardized notification process for operator qualification (OQ) 
plan transmittal from the operator to PHMSA. This Advisory Bulletin 
also informs operators about the addition to PHMSA's glossary of 
definitions of the terms ``Observation of on-the-job performance'' as 
applicable to determining employee qualification and ``Significant'' as 
applicable to OQ program modifications requiring notification. Finally, 
it makes other miscellaneous clarifications regarding OQ programs.

Standardized Plan Transmittal Process

    Operators should send notifications of significant modification of 
an OQ Program to the OPS Information Resource Manager by e-mail at 
InformationResourcesManager@phmsa.dot.gov or mail to U.S. Department of 
Transportation, Pipeline and Hazardous Materials Safety Administration, 
Office of Pipeline Safety, Information Resources Manager, 1200 New 
Jersey Avenue, SE., East Building, 2nd Floor (PHP-10), Room E22-321, 
Washington, DC 20590.

    Note:  Operators subject to regulation by State agencies are 
required to send OQ notifications directly to each State agency.

    Regardless of the delivery method, each notification to PHMSA 
should include:
    1. OPID(s), operator name(s), HQ address. Name of individual 
submitting notification, Data/email/phone number, Commodity (gas/
liquid/both), PHMSA Region(s) where pipeline(s) operate, and names of 
respective facilities or pipeline systems where changes apply.
    2. Complete Plan accompanied by revision/change log and effective 
date of change(s). The plan should be notated such that changed areas 
of the plan can be readily identified. Employee-specific information 
(i.e., social security numbers) and testing material are not needed.

Definitions

    With respect to the use of ``Observation of on-the-job 
performance'' as a means of determining employee qualification, PHMSA 
has added a definition of this term to its glossary of terms on the 
PHMSA Primis OQ Web site at http://primis.phmsa.dot.gov/oq/
glossary.htm. PHMSA also added a definition of the word ``significant'' 
to the glossary as it applies to modifications to an operator's OQ 
program. The definitions read as follows:

Observation of On-The-Job Performance

    1. Observation without interaction during on-the-job performance 
does not provide an adequate measurement of the knowledge and skills of 
the individual;
    2. PHMSA has determined that there are no covered tasks to date 
where observation of on-the-job performance is an adequate, sole method 
for examining or testing qualification; and
    3. Observation of on-the-job performance does not measure the 
individual's ability to recognize and react to abnormal operation 
conditions (AOCs).

Significant

    As applicable to OQ program modifications, significant includes but 
is not limited to: increasing evaluation intervals, increasing span of 
control ratios, eliminating covered tasks, mergers and/or acquisition 
changes,

[[Page 64124]]

evaluation method changes such as written vs. observation, and 
wholesale changes made to OQ plan.

Miscellaneous Clarifications

    Finally, in order to clarify the requirements of 49 CFR 192.605(a) 
and 195.402(a) as they apply to OQ and written OQ program reviews, the 
following information is provided:
    1. The OQ process and procedures are an important part of an 
operator's manual of written procedures for conducting normal 
operations and maintenance activities and handling abnormal operations 
and emergencies (Operations and Maintenance (O&M) Plan).
    a. Operators' review of their OQ Plan in accordance with Sec. Sec.  
192.605(a) and 195.402(a) should be conducted in connection with their 
reviews of their O&M Plans every 15 months, but at least once each 
calendar year.
    b. Operators' ``periodic review of work'' being done in accordance 
with Sec. Sec.  192.605(b)(8) and 195.402(c)(13), should include 
evaluation of OQ procedure effectiveness to identify where corrective 
actions are needed to address deficiencies. Examples of issues that 
need to be reviewed to determine the effectiveness of an OQ Program:
     Adequacy of training for specific covered task(s),
     Adequacy of evaluation(s) to determine if individual has 
required knowledge, skills, and abilities,
     Adequacy of individual to recognize AOC(s), and
     Adequacy of individual to take appropriate action after 
AOC.
    2. Operators should ensure the record it maintains of its annual 
O&M review, as required by Sec. Sec.  192.605(a) and 195.402(a), 
specifically notes that the OQ Plan was included in the review. The 
record should include the name of reviewer and date(s) of review. 
Alternatively, the operator's review procedures may clearly indicate 
which procedures are to be evaluated during the annual review.
    3. PHMSA will inspect annual review records to assure OQ Plans are 
being evaluated and may take compliance action where non-compliance is 
found.

    Issued in Washington, DC on November 25, 2009.
Byron Coy,
Acting Associate Administrator for Pipeline Safety.
[FR Doc. E9-29073 Filed 12-4-09; 8:45 am]

BILLING CODE 4910-60-P
