Comment from Anonymous

PHMSA-2025-0135 - 190.341(d)(2) - Public comment: PHMSA must not implement the changes to Part 190.341(d)(2) as proposed by the PHMSA-2025-0135 public notice. Below are comments explaining why the proposed changes to Part 190.341(d)(2) would be harmful to public safety and not further innovative technology. 1) Why should the public want PHMSA’s discretion in determining the conditions in granting a waiver to be limited? It could have an effect of undermining public safety and the denial of some permit applications due to PHMSA not being able to use this discretion. Also, it could undermine public safety in many areas by allowing unproven technology in high population, high consequence, and limited mobility areas (hospitals, schools, playgrounds, retirement homes, etc.) and without additional safety conditions based upon limitations of the technology or the existing pipeline condition. 2) Limiting PHMSA's discretion on permit conditions to "direct standard or regulation" will undermine safety. An example is for Class location permits which are for Part 192.611 where there has been a class location change in a highly populated area. Not allowing PHMSA to require additional safety conditions will make it "unsafe for the public" when non-compliant pipeline segment isolation timing/valve locations, lower strength pipe for the pipeline maximum operating pressures and population area, coating, cathodic protection practices, depth of soil cover, construction practices, maintenance, and pressure testing are not in accordance with current modern design, operational, and maintenance regulations. 3) If PHMSA cannot add conditions for items that are not "directly and substantially related to the relevant standard or regulation being waived" how can a Class 1 to 3 location have pipe designed, tested, constructed and maintained for a Class 1 strength? Can the pipe meet the requirements in Subpart O for high consequence areas, such as anomaly repairs? 4) This public notice will not help in the approval of modern and innovative technology (did not address environmental assessments) but will reduce public safety if operators plan to use it in highly populated areas and high consequence areas by not allowing PHMSA to place safety guards for the public. 5) PHMSA needs to identify what innovative technology has been lost, since most of the granted, withdrawn, or denied special permits seem to be for: class location changes, odorization, pressure testing, and lack of compliance with the regulations during construction for welding/non-destructive testing, pressure testing, and lack of odorization. In reviewing PHMSA's pipeline special permit website, it seems that PHMSA has granted a few small diameter plastic pipe special permits for installation and operation. 6) What are some of the innovative technologies that special permits are limiting? Is the limit the permit conditions, is it that non-proven technology should not be implemented in highly populated areas or can the application pass an environmental assessment? 7) Has the pipeline operator Code compliance and safety record limiting them from applying for new technology special permits? 8) It seems that new safety technologies have been implemented in the past 5-years, based upon NTSB recommendations, Congressional mandates and PHMSA implementation in permits and regulations. Were these regulations for remote closure valves, steel pipe crack evaluations, anomaly repair criteria, and steel pipe in-situ property determination 'the use of modern and innovative technologies'? How were these technologies evaluated - Research, PHMSA, Operator, Other? 10) In reviewing the PHMSA website I saw new and innovative technologies (as noted above) being included in special permits. PHMSA's usage of permit conditions allowed these type technologies to be developed. The proposed change to Part 190.341(d)(2) will "limit pipeline safety innovation". 11) If PHMSA should allow the proposed changes to Part 190.341(d)(2), they have higher fines for any non-compliance of the conditions or failures of the technology while in-service. PHMSA must not implement the changes to Part 190.341(d)(2) as proposed by the PHMSA-2025-0135 public notice.