*Under Executive Order (EO) 12866, OMB reviews proposed significant rules to ensure they are consistent with applicable law, the President’s priorities, and the principles set forth in the EO, and to ensure the proposals do not conflict with another agency’s policies or actions. OMB also analyzes the cost-benefit analyses in support of the proposals. While the EO sets out deadlines for OMB evaluation, review periods are often extended.   

OTHER PHMSA UPDATES

PHMSA issues advisory bulletin addressing safeguarding and securing pipeline facilities.  On December 9 PHMSA expects to publish an advisory bulletin reminding pipeline operators of the importance of safeguarding and securing pipeline facilities and monitoring SCADA systems for abnormal operations or indications of unauthorized access or interference with pipeline operations.  Issued in response to the October incidents involving individuals illegally entering valve siteson four pipelines and closing valves, the advisory bulletin encourages pipeline operators to implement protective measures including cultivating strong relationships with local law enforcement; increasing the frequency of ROW security patrols and deploying new patrolling technologies, such as unmanned aerial systems if permitted; reviewing valve and facility protection measures; and protecting SCADA systems. 

PHMSA announces first public meeting of the Voluntary Information-Sharing System Working Group.  On November 28, PHMSA announced that on December 19, it will convene the first public meeting of the newly created Voluntary Information-Sharing System (VIS) Working Group. Section 10 of the Protecting Our Infrastructure of Pipelines and Enhancing Safety Act (PIPES) of 2016 directed PHMSA to convene the VIS Working Group to encourage collaborative efforts to improve analyses of integrity risk.  The VIS Working Group will consider sharing of dig verification data; advanced pipeline inspection technologies and exchanging inspection information; sharing in-line inspection data and protecting proprietary data; and barriers to sharing information.  The meeting will be held in Arlington, Virginia, and will not be webcast. 

PHMSA reschedules meeting of the Gas Pipeline Advisory Committee.  PHMSA has rescheduled the meeting of the Gas Pipeline Advisory Committee for January 11-12, 2017.  The GPAC will discuss PHMSA’s proposed rule for onshore gas transmission and gathering pipelines, published April 8, 2016.  The meeting previously was scheduled for December 7-8, 2016. 

UPDATES FROM OTHER FEDERAL AGENCIES

NTSB releases 2017-2018 Most Wanted List.  On November 14, the National Transportation Safety Board (NTSB) released its Most Wanted List for 2017-2018, presenting the NTSB’s advocacy priorities.  The NTSB does not identify pipeline safety, but initiatives such as reducing fatigue-related accidents and eliminating alcohol and drug impairment, are relevant to pipeline operators. 

DOT Office of Inspector General includes lack of criminal prosecution of pipeline safety violations on list of Top Management Challenges for 2017.  On November 15, the DOT Office of Inspector General (OIG) released its report on the DOT’s top management challenges.  Notably, the report observes that, despite numerous pipeline accidents related to violations of pipeline safety regulations, successful criminal prosecutions are rare.  The report suggests that lowering the standard for establishing criminal liability under the Pipeline Safety Act from “knowing and willful” to “reckless” would increase the number of successful criminal prosecutions and deter future pipeline incidents.  The report also finds that PHMSA lacks sufficient processes, oversight and project management to address in a timely fashion statutory mandates and recommendations from the NTSB, Government Accountability Office, and OIG.  OIG notes that PHMSA has implemented organizational changes to address identified areas for improvement.