May an operator reduce activities now being undertaken to comply with regulations if it finds that other actions would have a greater effect on reducing risk?
Potentially yes. The proposed rule provides that operators may propose an alternate frequency for periodic inspections and tests required by existing Part 192 regulations based on the results of its risk analysis. The alternatives can only be for activities that affect threats and/or portions of an operators system found to be at low risk from the threats the activities are intended to address. This provision is intended to allow operators to shift resources that would be saved by modifying actions that address low risks in order to implement additional actions that affect higher risks. Operators would need to submit their proposed alternatives to the jurisdictional regulator (usually the State) and obtain approval before they can be implemented. PHMSA expects that States will consider the quality and thoroughness of an operators risk analysis and any additional actions that an operator proposes to implement (if required by States) in considering operator proposals to modify inspection
