1.

Notifying Member: UNITED STATES OF AMERICA

If applicable, name of local government involved (Article 3.2 and 7.2):

2.

Agency responsible:

Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT) [2075]

Name and address (including telephone and fax numbers, email and website addresses, if available) of agency or authority designated to handle comments regarding the notification shall be indicated if different from above:

Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov

3.

Notified under Article 2.9.2 [X], 2.10.1 [ ], 5.6.2 [ ], 5.7.1 [ ], 3.2 [ ], 7.2 [ ], other:

4.

Products covered (HS or CCCN where applicable, otherwise national tariff heading. ICS numbers may be provided in addition, where applicable): Pipeline safety; gas transmission lines; Pipeline components and pipelines (ICS code(s): 23.040); Equipment for petroleum and natural gas industries (ICS code(s): 75.180); Petroleum products and natural gas handling equipment (ICS code(s): 75.200)

5.

Title, number of pages and language(s) of the notified document: Pipeline Safety: Safety of Gas Distribution Pipelines and Other Pipeline Safety Initiatives; (59 page(s), in English)

6.

Description of content: Notice of proposed rulemaking - PHMSA proposes revisions to the pipeline safety regulations to require operators of gas distribution pipelines to update their distribution integrity management programs (DIMP), emergency response plans, operations and maintenance manuals, and other safety practices. These proposals implement provisions of the Leonel Rondon Pipeline Safety Act--part of the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2020--and a National Transportation Safety Board (NTSB) recommendation directed toward preventing catastrophic incidents resulting from overpressurization of low-pressure gas distribution systems similar to that which occurred on a gas distribution pipeline system in Merrimack Valley on 13 September 2018. PHMSA also proposes to codify use of its State Inspection Calculation Tool, which is used to help states determine the base-level amount of time needed for inspections to maintain an adequate pipeline safety program. Further, PHMSA proposes other pipeline safety initiatives for all part 192-regulated pipelines, including gas transmission and gathering pipelines, such as updating emergency response plans and inspection requirements. Finally, PHMSA proposes to apply annual reporting requirements to small, liquefied petroleum gas (LPG) operators in lieu of DIMP requirements.

7.

Objective and rationale, including the nature of urgent problems where applicable: Protection of human health or safety; Protection of the environment

8.

Relevant documents:

88 Federal Register (FR) 61746, 7 September 2023; Title 49 Code of Federal Regulations (CFR) Parts 191, 192, and 198:

https://www.govinfo.gov/content/pkg/FR-2023-09-07/html/2023-18585.htm

https://www.govinfo.gov/content/pkg/FR-2023-09-07/pdf/2023-18585.pdf

This notice of proposed rulemaking is identified by Docket Number PHMSA-2021-0046. The Docket Folder is available from Regulations.gov at https://www.regulations.gov/docket/PHMSA-2021-0046/document and provides access to primary and supporting documents as well as comments received. Documents are also accessible from Regulations.gov by searching the Docket Number. WTO Members and their stakeholders are asked to submit comments to the USA TBT Enquiry Point by or before 4pm Eastern Time on 6 November 2023. Comments received by the USA TBT Enquiry Point from WTO Members and their stakeholders will be shared with the regulator and will also be submitted to the Docket on Regulations.gov if received within the comment period.

9.

Proposed date of adoption: To be determined

Proposed date of entry into force: To be determined

10.

Final date for comments: 6 November 2023

11.

Texts available from: National enquiry point [ ] or address, telephone and fax numbers and email and website addresses, if available, of other body:

https://members.wto.org/crnattachments/2023/TBT/USA/23_12270_00_e.pdf