Thursday, January 25, 2018
With a divergent, pro-business administration arriving in Washington, D.C., an executive order soon followed from President Trump calling upon departments and agencies to reconsider regulations that burden the production and transportation of domestic energy, like propane. In response, the National Propane Gas Association (NPGA) submitted a list to the U.S. Department of Transportation (DOT) for it to review and reevaluate. 
NPGA called upon DOT to suspend and repeal several burdensome regulations, among them the Federal Motor Carrier Safety Administration’s (FMCSA) entry-level driver training requirements. The association also proposed regulation modifications to streamline efficiency, and echoed its proposal for prospective hours-of-service waivers and expansion of the short-haul operation exemption.
“In response to the requests, NPGA wanted to submit comments for high-priority items,” said Sarah Reboli, director of regulatory affairs. “Some of the concerns are issues we had already raised earlier in the calendar year.” One, the short-haul operation exemption, was written decades ago. It stipulates that drivers who operate within a 100-air-mile radius, among other factors, are not required to maintain record of duty status (RODS) reports. NPGA is seeking an expansion of the radius from 100 to 300 air-miles based on improvements in highway accessibility and commercial vehicle technology.
“Bobtails are able to go farther today and make it back in a day,” Reboli observed.” NPGA estimates an increase to 300 miles would eliminate $11 million in annual recordkeeping costs for the propane industry. “An expansion of the air-mile radius would allow marketers to serve more customers and grow gallons,” Reboli said. “We met with DOT this [past] summer and they seem willing to make modifications. We will be meeting with them again.”
The association also called on DOT to approve its petition to permanently return to the 12-year requalification period for DOT-specification cylinders following volumetric expansion testing. In addition, it raised concerns about jurisdictional propane pipeline systems, and participated in the latest meeting of the National Academy of Sciences’ Transportation Research Board (TRB). The board was charged by Congress to perform a comprehensive study to determine whether it is appropriate to increase the threshold for these types of systems, which now fall under DOT’s 49 CFR Part 192 regulations. The current regulatory threshold is 10 or more customers, or two or more when a portion of the system is located in a public place.
At the meeting, testimony was heard from several propane industry representatives who shared data relating to cost impacts and pipeline safety. The data was gathered from small, medium, and large marketers operating jurisdictional propane pipeline systems, especially in the New England region, which has seen strict enforcement of the current regulations. Of interest to TRB is the safety of the systems and propane installations in general should the existing threshold be increased.
NPGA demonstrated there is extremely limited incident data for jurisdictional systems, and that they pose no greater risk than non-jurisdictional systems, emphasizing safety will not be compromised if the threshold is elevated. TRB is working on completing a final report to Congress with recommendations by this summer.
NPGA is also seeking modification of Part 173 of federal regulations that impose requirements on shippers to ensure sufficient odorization. Finally, association requested that DOT define internal baffles installed in MC-331 cargo tanks as lightweight attachments, this to clarify conflicting interpretations and a requirement for special permits by the department. —Pat Thornton
NPGA called upon DOT to suspend and repeal several burdensome regulations, among them the Federal Motor Carrier Safety Administration’s (FMCSA) entry-level driver training requirements. The association also proposed regulation modifications to streamline efficiency, and echoed its proposal for prospective hours-of-service waivers and expansion of the short-haul operation exemption.
“In response to the requests, NPGA wanted to submit comments for high-priority items,” said Sarah Reboli, director of regulatory affairs. “Some of the concerns are issues we had already raised earlier in the calendar year.” One, the short-haul operation exemption, was written decades ago. It stipulates that drivers who operate within a 100-air-mile radius, among other factors, are not required to maintain record of duty status (RODS) reports. NPGA is seeking an expansion of the radius from 100 to 300 air-miles based on improvements in highway accessibility and commercial vehicle technology.
“Bobtails are able to go farther today and make it back in a day,” Reboli observed.” NPGA estimates an increase to 300 miles would eliminate $11 million in annual recordkeeping costs for the propane industry. “An expansion of the air-mile radius would allow marketers to serve more customers and grow gallons,” Reboli said. “We met with DOT this [past] summer and they seem willing to make modifications. We will be meeting with them again.”
The association also called on DOT to approve its petition to permanently return to the 12-year requalification period for DOT-specification cylinders following volumetric expansion testing. In addition, it raised concerns about jurisdictional propane pipeline systems, and participated in the latest meeting of the National Academy of Sciences’ Transportation Research Board (TRB). The board was charged by Congress to perform a comprehensive study to determine whether it is appropriate to increase the threshold for these types of systems, which now fall under DOT’s 49 CFR Part 192 regulations. The current regulatory threshold is 10 or more customers, or two or more when a portion of the system is located in a public place.
At the meeting, testimony was heard from several propane industry representatives who shared data relating to cost impacts and pipeline safety. The data was gathered from small, medium, and large marketers operating jurisdictional propane pipeline systems, especially in the New England region, which has seen strict enforcement of the current regulations. Of interest to TRB is the safety of the systems and propane installations in general should the existing threshold be increased.
NPGA demonstrated there is extremely limited incident data for jurisdictional systems, and that they pose no greater risk than non-jurisdictional systems, emphasizing safety will not be compromised if the threshold is elevated. TRB is working on completing a final report to Congress with recommendations by this summer.
NPGA is also seeking modification of Part 173 of federal regulations that impose requirements on shippers to ensure sufficient odorization. Finally, association requested that DOT define internal baffles installed in MC-331 cargo tanks as lightweight attachments, this to clarify conflicting interpretations and a requirement for special permits by the department. —Pat Thornton
