[Federal Register Volume 69, Number 113 (Monday, June 14, 2004)]
[Rules and Regulations]
[Pages 32886-32898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-12070]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Parts 191, 192, 195, and 199

[Docket No. RSPA-99-6106; Amdt. Nos. 191-16, 192-94, 195-81, 199-20]
RIN 2137-AD35


Pipeline Safety: Periodic Updates to Pipeline Safety Regulations 
(2001)

AGENCY: Research and Special Programs Administration (RSPA), U.S. 
Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This final rule is part of an effort by RSPA to periodically 
update the pipeline safety regulations. This rule incorporates the most 
recent editions of the voluntary consensus standards and specifications 
referenced in the Federal pipeline safety regulations to enable 
pipeline operators to utilize the most current technology, materials, 
and industry practices in the design, construction, and operation of 
their pipelines. This rule also increases the design pressure 
limitation for new thermoplastic pipe, allows the use of plastic pipe 
for certain bridge applications, increases the time period for revision 
of maximum allowable operating pressure after a change in class 
location, clarifies welding requirements, and makes various other 
editorial clarifications and corrections. This final rule does not 
require pipeline operators to undertake any significant new pipeline 
safety initiatives.

DATES: This final rule takes effect on July 14, 2004. The incorporation 
by reference of certain publications listed in the rule is approved by 
the Director of the Federal Register as of July 14, 2004.

FOR FURTHER INFORMATION CONTACT: Gopala K. Vinjamuri by telephone at 
(202) 366-4503, by fax at (202) 366-4566, by e-mail at 
[email protected], or by mail at U.S. Department of 
Transportation, RSPA/Office of Pipeline Safety, Room 7128, 400 Seventh 
Street, SW, Washington, DC 20590-0001. Copies of this document or other 
material in the docket can be reviewed by accessing the Docket 
Management System's home page at http://www.dms.dot.gov. General 
information on the Federal pipeline safety program is available at the 
Office of Pipeline Safety Web site at http://www.ops.dot.gov.

SUPPLEMENTARY INFORMATION:

Background

    This final rule is a periodic update of RSPA's pipeline safety 
regulations to incorporate the most recent editions of the voluntary 
consensus standards and specifications referenced at 49 CFR Part 192, 
Appendices A and B, and 49 CFR Part 195.3. This rule also makes several 
other revisions and clarifications to improve the consistency and 
accuracy of the pipeline safety regulations. RSPA previously issued 
final rules on May 27, 1996 (61 FR 26121) and February 17, 1998 (63 FR 
7721) that updated references to the consensus standards publications 
incorporated by reference in the pipeline safety regulations, and made 
various editorial clarifications and corrections. On March 22, 2000, 
RSPA issued a Notice of Proposed Rulemaking (NPRM) (65 FR 15290) 
proposing to amend the sections incorporating consensus standards to 
update to the current editions. Additionally, RSPA proposed to increase 
the pressure limitation for new thermoplastic pipe, to allow plastic 
pipe on bridges, to

[[Page 32887]]

clarify welding requirements, to revise the hazardous liquid pipeline 
accident reporting definition, to clarify the definition of a gas 
transmission line, and make other editorial clarifications and 
corrections to certain sections of the Federal pipeline safety 
regulations.
    RSPA received a total of thirty written comments on the proposals 
in the NPRM. Eighteen of the comments were from the gas pipeline 
operators, six were from trade associations including the American 
Petroleum Institute, the American Gas Association, the National Fire 
Protection Association, the Texas Natural Gas Association, and the New 
England Gas Association, and the remaining six were from the Gas Piping 
Technology Institute, the Iowa State Public Service Commission, two 
advocacy groups, and two industry consultants. We also received 
recommendations and comments by the National Association of Pipeline 
Safety Representatives (NAPSR), a non-profit association of officials 
from State agencies that participate in RSPA's Federal pipeline safety 
regulatory program, and recommendations by the State Industry 
Regulatory Review Committee (SIRRC). The Technical Pipeline Safety 
Standards Committee (TPSSC) and the Technical Hazardous Liquid Pipeline 
Safety Standards Committee (THLPSSC), which were established by statute 
to evaluate and comment on pipeline safety issues, discussed the 
proposed amendments during their May 20, 2000 meeting and provided 
comments on the proposals in the NPRM. The relevant comments are 
summarized and discussed under each issue area below.

Standards Incorporated by Reference

    RSPA's Office of Pipeline Safety participates in more than 25 
national voluntary consensus standards committees and adopts standards 
when they are applicable. The Federal pipeline safety regulations 
incorporate by reference all or portions of over 60 consensus standards 
and specifications for the design, construction, and operation of gas 
and hazardous liquid pipelines that were developed and published by 
recognized technical organizations, including the American Petroleum 
Institute (API), ASME International (ASME), American Society for 
Testing and Materials (ASTM), Manufacturers Standardization Society of 
the Valve and Fittings Industry (MSS), American Gas Association (AGA), 
and the National Fire Protection Association (NFPA). The standards and 
specifications incorporated for gas pipelines, formerly in Appendix A 
to part 192 are now found at 49 CFR Part 192.7 and in Appendix B to 
Part 192. Those incorporated for hazardous liquid pipelines are found 
at 49 CFR 195.3. These documents can be obtained by contacting the 
following organizations:

1. The American Society for Testing and Materials, 100 Barr Harbor 
Drive, West Conshohocken, PA 19428
2. ASME International, Three Park Avenue, New York, NY 10016-5990
3. Manufacturers Standardization of Valves and Fittings Industry, Inc., 
127 Park Street NW, Vienna, VA 22180
4. The National Fire Protection Association, 1 Batterymarch Park, P.O. 
Box 9101, Quincy, MA 02260-9101

    These documents are also available for inspection at the following 
locations:

1. Office of Pipeline Safety, Room 7128, U.S. Department of 
Transportation, 400 7th Street SW, Washington, DC 20590
2. Office of the Federal Register, 800 N. Capitol Street, NW, Suite 
700, Washington, DC 20408
    The organizations responsible for developing these standards and 
specifications periodically publish revised editions incorporating the 
most current technology. This rule updates the Federal pipeline safety 
regulations to reflect the most recent editions of each standard and 
specification incorporated by reference to enable pipeline operators to 
utilize the latest technology, materials, and engineering practices. 
Because some of the standards proposed in the NPRM are no longer 
available, we reviewed and referenced the next available edition. 
Adoption of these updated documents ensures that pipeline operators 
will not be unnecessarily burdened with outdated material, design, and 
construction requirements.
    The order and appearance of the consensus standards in the CFR has 
also been updated and clarified. The standards are set forth by name 
and version date in the proposed amendments to 49 CFR Part 192, 
Appendices A and B, and 49 CFR 195.3. In general, the only change is to 
reference the new edition and year of publication. On October 31, 2001, 
API appended errata to the 19th edition of the API 1104 standard, 
``Welding of Pipelines and Related Facilities,'' which we have reviewed 
and accepted as part of the document for the purposes of this final 
rule. No substantive changes are associated with these errata. In 
addition to adopting the most recent editions of the standards and 
specifications already incorporated by reference in the pipeline safety 
regulations, this final rule adopts one new technical document, the 
Plastics Pipe Institute's technical report entitled, ``Policies and 
Procedures for Developing Hydrostatic Design Basis (HDB), Pressure 
Design Basis (PDB), and Minimum Required Strength (MRS) Ratings for 
Thermoplastic Piping Materials or Pipe'' (PPI TR-3/2000 or the ``PPI 
Technical Report''). Sections 192.7 and 195.3 will continue to govern 
the applicability of all documents incorporated by reference.
    Other than certain editorial corrections suggested by the API, we 
did not receive any comments on the substance of the updated consensus 
standards publications and other documents. However, with respect to 
adopting the 42nd edition of the API 5L standard, Specification for 
Line Pipe, and the 19th edition of the API 1104 standard, ``Welding of 
Pipelines and Related Facilities,'' the following issues are 
noteworthy. The 42nd edition of the API 5L standard is substantially 
different from the 41st edition referenced previously in the CFR. The 
42nd edition of the API 5L specification, which has been adopted in its 
entirety, prescribes two performance specification levels (PSL-1 and 
PSL-2) for manufactured line pipe. Designers now have the option to use 
either the PSL-1 specification with the attendant supplementary 
requirements (SRs), or the more restrictive PSL-2 specification for 
which many SRs are mandatory. It is also important to note that certain 
critical aspects of the PSL-2 specification, such as the mandatory 
fracture toughness requirements, are considered minimum requirements. 
Therefore, designers must evaluate, among other things, the actual 
requirements for fracture toughness, strength level, weldability, and 
quality assurance measures for each pipeline application and the actual 
requirements should be reflected in the pipe and component purchase 
specifications. We encourage pipeline designers to carefully review the 
updated 5L specification and take advantage of the improved quality of 
pipe manufactured under PSL-2 requirements. The mandatory minimum 
fracture toughness requirements of the PSL-2 specification, and other 
recent developments including tighter dimensional tolerances, stricter 
controls on chemical composition, more stringent quality assurance 
measures, and enhanced record keeping requirements make PSL-2 pipe 
highly suitable for natural gas and hazardous liquid pipeline 
applications. RSPA is currently considering amending the pipeline

[[Page 32888]]

safety regulations to require the use of PSL-2 quality level or better 
pipe for all future pipeline construction.
    The 19th edition of the API 1104 standard, ``Welding of Pipelines 
and Related Facilities,'' certain portions of which are incorporated by 
reference, is also substantially different from the edition referenced 
previously. As noted by several commenters, there are significant 
differences in the acceptance criteria between the ultrasonic test (UT) 
method and the radiography test (RT) method for weld quality. First, 
some commenters suggested that adopting the new standard be postponed 
until the acceptance criteria for RT and UT could be equalized. In our 
judgment however, equalizing the acceptance criteria is not practical 
because UT and RT are distinctly different methods providing different 
sensitivity and capability. Therefore, we will continue to accept the 
use of either method, along with the corresponding acceptance criteria. 
Secondly, in addition to being capable of discerning cracks and crack-
like defects, UT methods must be capable of discerning defect 
indications that would be acceptable under ``workmanship acceptance 
criteria.'' This is important because under 49 CFR 192.241(c) and 
195.228(b), the acceptability of a weld that is nondestructively tested 
is determined according to the API 1104 standard. However, if a girth 
weld is unacceptable under that standard for a reason other than a 
crack, Appendix A of API 1104, ``Alternate Acceptance Standard for 
Girth Welds,'' may determine its acceptability. Therefore, certain 
planar defects--such as lack of fusion and weld undercut--can be 
further assessed under that Appendix.
    Since the closing date for comments to the NPRM, we note that a few 
standards have been issued with more recent publication dates than 
those being adopted herein. We intend to identify all relevant 
standards that have been amended since the currently adopted standards 
were issued and will propose to adopt the new editions as appropriate 
in 2004.

Plastics Pipe Institute (PPI) Technical Report

    In the NPRM, we proposed to incorporate by reference the Plastics 
Pipe Institute's technical report entitled, ``Policies and Procedures 
for Developing Hydrostatic Design Basis (HDB), Pressure Design Basis 
(PDB), and Minimum Required Strength (MRS) Ratings for Thermoplastic 
Piping Materials or Pipe'' (PPI TR-3/2000 or the ``PPI Technical 
Report''). The PPI technical report provides a method for determining 
the hydrostatic design basis (HDB) for pipelines operating at any 
temperature by using the arithmetic interpolation procedure in Part D2 
of the report entitled, ``Policy for Determining Long-Term Strength 
(LTHS) by Temperature Interpolation.'' Incorporation of this report 
will provide gas distribution pipeline operators with the flexibility 
to design safe thermoplastic pipeline systems at a wide range of 
operating temperatures. Our proposal to incorporate the PPI technical 
report by reference for the first time did not draw any objection by 
the commenters. Therefore, the report will be referenced in the gas 
pipeline safety regulations at 49 CFR 192.121, ``Design of Plastic 
Pipe.''

Other Revisions

    In addition to the incorporation by reference of the most recent 
editions of voluntary consensus standards and other documents, it was 
proposed that the design pressure limitation for new thermoplastic pipe 
be increased, that plastic pipe be permitted for certain bridge 
applications, that the time period for revising maximum allowable 
operating pressure (MAOP) when a change in class location occurs be 
modified, that certain welding requirements be clarified, that strength 
test requirements for components be modified, that the definition of a 
hazardous liquid pipeline accident be revised, and that numerous 
editorial changes and clarifications be made. With a few exceptions, 
the comments were generally supportive of these proposals, although one 
commenter suggested that substantive changes to the regulations would 
be more appropriately handled in a proceeding separate from a periodic 
update of referenced industry standards.

Definition of a Gas Transmission Line. Section 192.3

    Section 192.3 defines the term ``transmission line,'' in part, by 
the nature of the entities between which the gas is being transported. 
Under subparagraph (a) of the definition, pipelines that transport gas 
from a gathering line or storage facility to a distribution center, 
storage facility, or ``large volume customer'' that is not downstream 
of a distribution center may be considered transmission lines. A large 
volume customer, in turn, is a customer who may receive similar volumes 
of gas as a distribution center, and includes factories, power plants, 
and institutional gas users. However, the definition of a large volume 
customer appears in subparagraph (c), which deals only with the 
transportation of gas within a storage field. Because the definition of 
``large volume customer'' relates directly to the definition of 
``transmission line,'' the proposed amendment would clarify the 
application of the term by removing it from subparagraph (c) and 
placing it in a separate paragraph. Several commenters suggested that 
the term ``transmission line'' not be defined in terms of a ``large 
volume customer'' at all. Two commenters suggested modifying the term 
``distribution center'' so that it would be broad enough to encompass 
these entities. In our judgment, however, it is useful to distinguish 
between (local) distribution centers and large volume customers. 
Therefore, we adopt the amendment as proposed.

Design of Plastic Pipe. Section 192.121

    Section 192.121 prescribes the formula for determining the 
hydrostatic design pressure for thermoplastic pipe. This section allows 
for design pressures based on the long-term hydrostatic strength (LTHS) 
to be determined in accordance with the corresponding listed pipe 
material specification determined at certain temperatures. The proposed 
amendment to Sec.  192.121 incorporates the PPI technical report which 
provides an enhanced methodology to establish the hydrostatic design 
basis (HDB) and LTHS design parameters for thermoplastic pipe. The 
report also provides for interpolating HDB and LTHS data at specified 
temperatures, namely 70 [deg]F (23 [deg]C), 100 [deg]F (38 [deg]C), 120 
[deg]F (49 [deg]C) and 140 [deg]F (60 [deg]C). With the improvement 
over time of polyethylene materials technologies and pipe manufacturing 
processes, thermoplastic pipe performance and reliability has improved 
significantly and the proposed amendment will provide greater 
flexibility to pipe designers without compromising safety. In our 
judgment, the incorporation of the PPI technical report as a guide to 
interpolate the test data for pipe HDB and LTHS at intermediate 
temperatures will result in a corresponding improvement in the accuracy 
of determining thermoplastic pipe design parameters. Therefore, we 
adopt the amendment as proposed.

Design Limitations for Plastic Pipe. Section 192.123

    Section 192.123(a) limits the design pressure for thermoplastic 
pipe calculated in Sec.  192.121 to less than or equal to 100 psig (689 
kPa) for pipe used in gas distribution systems or in Class 3 and 4 
locations. The proposed amendment to Sec.  192.123(a) allows a maximum 
design pressure of 125 psig (862 kPa) for thermoplastic pipe

[[Page 32889]]

designed in accordance with Sec.  192.121. After the effective date of 
this rule, design pressures at operating temperatures other than those 
specified in the material specifications listed in ASTM 2513 would be 
established as provided for in Part D2 of the PPI technical report (see 
above discussion on the amendment of Sec.  192.121). Therefore, the 
increase in pressure would correspond with the increased margin of 
safety resulting from the more reliable means of establishing the 
design pressure parameters using the PPI technical report. Eleven of 
the commenters agreed that the proposed increase in the design pressure 
limitation was warranted. AGA, for example, noted that modern 
polyethylene pipe was already being operated at pressures greater than 
100 psig pursuant to waivers granted by State pipeline safety 
regulators and that such use had thus far proven to be reliable. AGA 
further contended that the reliability of newer polyethylene pipe was 
supported by laboratory and field analysis of the LTHS of these 
polyethylene materials. Copies of the AGA petitions are included in the 
docket. Bay State and Northern Natural Gas suggested that the design 
pressure limitation be established per International Organization for 
Standardization (ISO) standards, which allow any design pressure 
permitted by the measured HDB. UGI Utilities suggested an even higher 
maximum allowable pressure. However, because there is insufficient data 
to conclude that such pressures would provide adequate safety to the 
public, we conclude that prescribing a maximum pressure higher than 125 
psig is unsupported at this time. It is important to note that the 
design pressure limitation increase only applies to thermoplastic pipe 
produced after the effective date of this rule, i.e., to pipe newly 
produced in accordance with the PPI technical report method. Therefore, 
in the absence of a waiver, existing pipe would continue to be limited 
to a maximum operating pressure of 100 psig. Finally, members of the 
TPSSC raised the issue that it might be necessary to mandate greater 
burial depth to mitigate any unknown level of consequences of a failure 
at higher operating pressure. The committee concluded that this matter 
would be more appropriately addressed in future rulemaking. Having 
considered all these comments, we adopt the amendment as proposed.

Valves. Section 192.145

    Section 192.145 sets forth the minimum design requirements for 
valves used in gas pipeline systems and requires that valves meet the 
API 6D ``Specification for Pipeline Valves (Gate, Plug, Ball, and Check 
Valves)'' standard, ``or equivalent.'' The proposed amendment would 
have removed the words ``or equivalent'' from this provision. The 
intent of the amendment was to reduce the burden of making ad hoc 
determinations of whether alternative standards are equivalent to the 
API 6D standard. The removal of the words ``or equivalent'' from this 
provision was opposed by 15 commenters, who contended that the 
amendment would be a major change with considerable impact to the 
industry. It was also pointed out that there was no discussion on this 
issue in the preamble to the NPRM. Some of the comments included 
extensive material describing the variety of valve standards they felt 
were equivalent to API 6D, including API 600, ANSI B16.34, and ANSI 
B16.38, and contended that the level of safety provided by these 
alternative standards was demonstrably adequate. The TPSSC discussed 
the matter at length, questioned the need for the amendment, and 
recommended that the amendment not be adopted in the final rule.
    In our judgment, API 6D is the valve standard accepted worldwide 
and we remain concerned about the practicability of making repeated 
determinations of whether alternative standards are equivalent to the 
API 6D standard. Nevertheless, we have concluded that the use of any 
design standard that results in a performance level equivalent to that 
of the valves made under the API 6D standard is acceptable. In light of 
the comments received, we considered the following two options: (1) Not 
to adopt the proposed amendment, or (2) modify the language by adding, 
``* * * or to a standard that provides a level of performance 
equivalent to that of API 6D.'' Upon further consideration, we have 
determined that the later option satisfies both the original intent of 
the proposed amendment and the concerns of the commenters. Therefore, 
we adopt the amendment as modified.

Welding Procedures. Section 192.225

    The proposed amendment, which was recommended by NAPSR, requires 
operators to qualify welding procedures under Section 5 of the API 1104 
standard or Section IX of the ASME Boiler and Pressure Vessel Code. The 
intent of the amendment is to harmonize this provision with Sec.  
192.227, which references API 1104 and Section IX of the ASME Boiler 
and Pressure Vessel Code. We have not accepted SIRRC's suggestion that 
the welding qualification regulations allow ``other accepted welding 
standards'' because we are not aware of any other widely accepted 
pipeline welding standards. Therefore, we adopt the amendment as 
proposed.

Limitations on Welders. Section 192.229

    Section 192.229 prohibits welders from performing welds on pipeline 
components to be operated at a hoop stress of 20 percent or more of 
SMYS unless the welder has performed a test weld meeting the acceptance 
criteria of Sections 6 or 9 of API 1104 during the preceding six 
calendar months. In response to requests for increased flexibility with 
regard to the time period, the proposed amendment would provide an 
alternative where welders who regularly perform production welds could 
maintain an ongoing qualification status by making acceptable test 
welds at least two times in a calendar year, but at intervals not 
exceeding 7\1/2\ months. Although supportive of the idea, many 
commenters noted that the proposed language was confusing. We agree 
with the commenters and have revised the language without affecting the 
intent of the proposed rule change. The revised language is as follows:

    (1) May not weld on pipe to be operated at a pressure that 
produces a hoop stress of 20 percent or more of SMYS unless within 
the preceding 6 calendar months the welder has had one weld tested 
and found acceptable under section 6 or 9 of API 1104. 
Alternatively, welders may maintain an ongoing qualification status 
by performing welds tested and found acceptable under the acceptance 
criteria at least twice each calendar year, but at intervals not 
exceeding 7\1/2\ months. A welder qualified under an earlier edition 
of a standard listed in Appendix A may weld but may not requalify 
under that earlier edition; and

The intent of the amendment is to provide flexibility in meeting the 
qualification requirements for welders who regularly perform production 
welds which are tested under the same acceptance criteria for test 
welds referenced in Sections 6 and 9 of API 1104, while ensuring that 
first time welders and welders who perform welds infrequently are 
(re)qualified prior to welding. Therefore, we adopt the amendment as 
modified.

Inspection of Test Welds. Section 192.241

    The proposed amendment to Sec.  192.241(a) requires that visual 
inspection of a weld be conducted ``by an inspector qualified by 
appropriate training and experience.'' Although this amendment directly 
followed a NAPSR

[[Page 32890]]

recommendation, SIRRC suggested that the use of the term ``inspector'' 
may be problematic and suggested changing it to ``person.'' One 
commenter noted that the reasons for the proposed amendment were not 
discussed in the preamble to the NPRM and suggested that the amendment 
not be adopted. Although we agree that the use of the term inspector 
may well be problematic, in our judgment, the term ``individual'' is 
more suitable than the term ``person'' for this purpose and does not 
affect the intent of the proposed amendment. Therefore, we adopt the 
amendment as modified.

Installation of Plastic Pipe. Section 192.321

    Recent advances in thermoplastic pipe performance and reliability 
have made it suitable for certain aboveground applications. In response 
to a petition by the Gas Piping Technology Committee (GPTC) and other 
comments, RSPA has concurred with a number of state waivers allowing 
plastic pipe installation on bridges. These waivers require that the 
pipe be well protected from mechanical damage, elevated temperatures, 
and ultraviolet radiation exposure. The proposed amendment would permit 
the use of plastic pipe across bridges, but closely tracks the 
conditions set forth in these state waivers. All comments on the 
subject supported the amendment. A majority of these commenters also 
suggested that, as long as the pipe is protected in accordance with the 
conditions set forth in the proposed rule, the use of thermoplastic 
pipe for other aboveground installations including railway crossings, 
highway bridges, and similar structures should be permitted. However, 
the GPTC technical report, ``Installation of Plastic Gas Pipeline 
Across Bridges,'' which is available in this docket, did not provide 
sufficient justification for accepting these modifications. Therefore, 
we adopt the amendment as proposed.

Strength Test Requirements for Steel Pipe To Operate at a Hoop Stress 
of 30 Percent or More of SMYS. Section 192.505

    Under Sec.  192.505(d), the strength test requirements for pipeline 
components, including non-standard components such as flanges, can be 
satisfied by pressure testing, and those for components manufactured in 
quantity can be satisfied by prototype testing. The proposed amendment 
would enable manufacturers to establish a pressure rating by use of 
standard pressure ratings in the ASME/ANSI B16.5, ``Pipe Flanges and 
Flange Fittings'' or MSS SP44, ``Steel Pipe Flanges'' material 
specifications, or alternatively, through unit stress calculations. The 
proposed amendment would add a new subparagraph (d)(3):

    The component carries a pressure rating established through 
ASME/ANSI, MSS specification, (ibr, see Sec.  192.7) or a pressure 
rating established by unit stress calculations as described in Sec.  
192.143.

    The determination of the strength of a non-standard component by 
unit stress calculations is of particular relevance to situations where 
one-of-a-kind, non-standard components are fabricated and the component 
strength is not determined by pressure testing, prototype testing, or 
use of standard pressure ratings in a listed material specification. 
Five of the six commenters supported the proposed amendment. One 
commenter suggested that qualifying a component by unit stress 
calculations alone would be inadequate. Notably, unit stress analysis 
is contemplated in the regulations as part of the design requirements 
at Sec.  192.143, which also requires the analysis of loading stresses 
and other design parameters. The proposed amendment was endorsed by the 
GPTC, which acknowledged that the unit stress of non-standard 
components should be individually analyzed and pressure tested to 
ensure compliance. GPTC noted that the use of ASME/ANSI and MSS 
material specifications to establish pressure ratings has been routine 
for many years for manufactured standard components. In our judgment, 
the proposed amendment provides additional flexibility to determine 
component strength and maintains the limitation that pressure ratings 
established by unit stress calculations may not exceed the ratings 
listed in the standard material specifications. Therefore, we adopt the 
amendment as proposed.

Change in Class Location: Confirmation or Revision of Maximum Allowable 
Pressure. Section 192.611

    Section 192.611(d) allows 18 months for a gas pipeline operator to 
confirm or revise the maximum allowable operating pressure (MAOP) of a 
pipeline after a change in class location. The proposed amendment would 
increase the time period from 18 months to 24 months, and clarify that 
the 24-month time period begins when a building or buildings are ready 
for occupancy and not when the operator discovers that there are new 
buildings or completes a class location review. Although the proposed 
change was unopposed by most commenters, some SIRRC members and one 
other commenter objected to the adoption of a 24-month time period 
because it would have an adverse impact on operators without any 
corresponding benefit. Upon further consideration, we adopt the 
increase in the time period from 18 months to 24 months as proposed, 
but modify the proposed language to clarify that the time period begins 
when the results of a study conducted under Sec.  192.609 indicate a 
change in class location. Moreover, this result is also consistent with 
the intent of Section 854.2 of standard ASME B31.8. Therefore, we adopt 
the proposed language.

Damage Prevention Program. Section 192.614

    The proposed amendment was intended to clarify the circumstances, 
such as an emergency situation, when an operator may not be able to 
provide temporary marking of buried pipelines in an area of intended 
excavation activity. Many commenters, including SIRRC, expressed 
confusion concerning the proposed amendment and noted that there was no 
discussion in the preamble to the NPRM. Upon further consideration, we 
have determined that withdrawing the proposed amendment will not 
significantly affect the level of safety. However, we intend to 
reexamine this issue at a later date. Therefore, the proposed amendment 
is not adopted.

Distribution Systems; Leakage Surveys. Section 192.723

    Section 192.723 requires operators of gas distribution systems to 
perform periodic leak surveys. For areas outside business districts, 
the prescribed minimum interval is ``as frequently as necessary * * * 
but not exceeding 5 years.'' The proposed amendment would provide 
flexibility in performing the 5 year leak detection surveys by allowing 
up to 63 months between surveys. The intent of the amendment was to 
allow flexibility for inclement weather or other unforeseen 
circumstances. The commenters expressed confusion as to definition of 
certain other terms in the provision, such as ``cathodically 
unprotected lines,'' and questioned the need for the additional three 
months. Two of the commenters noted that there was no discussion of 
this amendment in the preamble to the NPRM. Operators should plan 
adequately to ensure that the leak survey interval outside business 
districts is conducted every five years. However, we recognize the need 
for some flexibility in the scheduling of these leakage surveys. 
Therefore, we are adopting language to require that

[[Page 32891]]

leakage surveys outside of business districts be conducted at least 
once every five calendar years at internals not exceeding 63 months.

Definition of Maximum Operating Pressure. Section 195.2

    The proposed amendment would include the definition of the term 
``maximum operating pressure'' as the maximum pressure at which a 
liquid pipeline or pipeline segment may be normally operated under Part 
195. No comments were filed in opposition to the amendment. Therefore, 
we adopt the amendment as proposed.

Accident Reporting. Section 195.50

    In the NPRM, RSPA proposed to eliminate the accident reporting 
criteria discrepancy between Parts 192 and 195 by modifying Sec.  
192.50(e) to ensure that the criteria are the same for both gas and 
hazardous liquid pipelines. This issue was addressed and resolved in a 
separate proceeding under a final rule issued on January 8, 2002 (67 FR 
831). Therefore, there is no need to address this issue in this final 
rule.

Welding Procedures. Section 195.214

    Based on the preceding discussion of Sec.  192.225, we adopt the 
amendments to Sec.  195.214 as proposed.

Inspection of Test Welds. Section 195.228

    Based on the preceding discussion at Sec.  192.241, we adopt the 
amendment to Sec.  195.228 as modified.

Public Education. Section 195.440

    Section 195.440 requires hazardous liquid pipeline operators to 
establish a continuing educational program to enable individuals to 
recognize pipeline emergencies and report them to the operator and to 
the authorities. The proposed amendment would have added One Call 
centers to the list of entities for required reporting of emergencies. 
Two of the three responders opposed the amendment, noting that the role 
of One Call centers is for prior notification of intended excavation 
activities to facilitate temporary marking and not for actual emergency 
response. Upon further consideration, we have determined that the 
amendment, as proposed, does not achieve its intended purpose. 
Therefore, the proposed amendment is not adopted.

Rulemaking Analyses

Executive Order 12866 and DOT Regulatory Policies and Procedures

    The Department of Transportation does not consider this action to 
be a significant regulatory action under Section 3(f) of Executive 
Order 12866 (58 FR 51735; Oct. 4, 1993) and, therefore, was not subject 
to review by the Office of Management and Budget. This rule is not 
significant under the DOT's regulatory policies and procedures (44 FR 
11034; Feb. 26, 1979). This rule amends the pipeline safety regulations 
to reference the most recent editions of the voluntary industry 
consensus standards already incorporated by reference in the pipeline 
safety regulations, gives pipeline operators additional flexibility in 
the use of thermoplastic pipe, and makes certain clarifications and 
corrections. These revisions are consistent with the President's goal 
of regulatory reinvention and the improvement of customer service to 
the American people. There are minimal costs for pipeline operators to 
comply with this rule because the consensus standards were developed 
and published by authoritative organizations associated with the 
petroleum industry and voluntary adherence to them has been a regular 
industry practice for decades. The latest editions of the consensus 
standards have already been implemented by pipeline operators 
throughout the United States to increase the safety and reliability of 
their pipeline systems. A draft regulatory evaluation was prepared for 
the NPRM and no comments were received. A final regulatory evaluation 
is available in the docket.

Executive Order 13132

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
rule does not propose any regulation that: (1) Has substantial direct 
effects on the States, the relationship between the national government 
and the States, or the distribution of power and responsibilities among 
the various levels of government; (2) imposes substantial direct 
compliance costs on State and local governments; or (3) preempts State 
law. Therefore, the consultation and funding requirements of Executive 
Order 13132 do not apply. Further, this rule does not have sufficient 
impacts on federalism to warrant the preparation of a federalism 
assessment.

Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13084, (``Consultation and 
Coordination with Indian Tribal Governments.'') Because this rule does 
not significantly or uniquely affect the communities of the Indian 
tribal governments, the funding and consultation requirements of 
Executive Order 13175 do not apply.

Executive Order 13211

    This final rule is not a significant energy action under Executive 
Order 13211. It is not a significant regulatory action under Executive 
Order 12866 and is not likely to have a significant adverse effect on 
the supply, distribution, or use of energy. Further, this rule has not 
been designated by the Administrator of the Office of Information and 
Regulatory Affairs as a significant energy action.

Regulatory Flexibility Act

    In this action, RSPA is incorporating by reference industry 
consensus standards that are developed and published by authoritative 
organizations associated with the petroleum industry. The standards 
development process utilized by these organizations gives pipeline 
operators of all sizes the opportunity to fully participate in the 
consensus building process. Consequently, these industry codes and 
standards are well known and have been implemented by small and large 
pipeline operators throughout the United States and in some cases, 
internationally. Moreover, RSPA's interactions with operators' 
associations have presented no reason to expect that this action would 
have a significant economic impact on smaller operators. In addition, 
no significant adverse comments were received from small entities 
during the notice and comment period. Because this final rule provides 
relief from adherence to outdated standards and provides additional 
operating flexibility to pipeline operators of all sizes, and will not 
impose additional economic impacts for government units, businesses, or 
other organizations, I certify, under Section 605 of the Regulatory 
Flexibility Act (5 U.S.C. 605) that this final rule will not have a 
significant economic impact on a substantial number of small entities.

Paperwork Reduction Act

    This final rule contains no new information collection requirements 
or additional paperwork burdens. Therefore, submitting an analysis of 
the burdens to OMB pursuant to the Paperwork Reduction Act was 
unnecessary.

Unfunded Mandates Reform Act of 1995

    This final rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$100

[[Page 32892]]

million or more to either State, local, or tribal governments, in the 
aggregate, or to the private sector, and is the least burdensome 
alternative that achieves the objective of the rule.

Environmental Assessment

    RSPA has analyzed this action for purposes of the National 
Environmental Policy Act (42 U.S.C. 4321 et seq.). To the extent the 
most recent editions of the standards incorporated by reference adopt 
improvements in pipeline materials and control technologies, their 
application is generally associated with facilities located within the 
existing rights-of-way. This action does not lead directly to any 
construction project or involve any land acquisition. It does not 
induce significant impacts to land use, does not have a significant 
impact on any natural, cultural, recreational, historic or other 
resource, does not involve any significant air, water, or noise quality 
impacts, does not impact travel patterns, and does not otherwise have 
any significant environmental impacts. Accordingly, I have determined 
that this final rule does not constitute a major Federal action 
significantly affecting the quality of the human environment. An 
Environmental Assessment was prepared for the NPRM. No comments were 
received. A finding of no significant impact has been signed and placed 
in the docket.

List of Subjects

49 CFR Part 191

    Pipeline safety, Reporting and recordkeeping requirements.

49 CFR Part 192

    Incorporation by reference, Natural gas, Pipeline safety, Reporting 
and recordkeeping requirements.

49 CFR Part 195

    Anhydrous ammonia, Carbon dioxide, Incorporation by reference, 
Petroleum, Pipeline safety, Reporting and recordkeeping requirements.

49 CFR Part 199

    Drug testing, Pipeline safety, Reporting and recordkeeping 
requirements, Safety, Transportation.

0
In consideration of the foregoing, RSPA amends 49 CFR Parts 191, 192, 
195, and 199 as follows:

PART 191--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE; 
ANNUAL REPORTS, INCIDENT REPORTS, AND SAFETY-RELATED CONDITION 
REPORTS

0
1. The authority citation for part 191 continues to read as follows:

    Authority: 49 U.S.C. 5121, 60102, 60103, 60104, 60108, 60117, 
60118, and 60124; and 49 CFR 1.53.


0
2. Amend Sec.  191.7 by revising the first sentence to read as follows:


Sec.  191.7  Addressee for written reports.

    Each written report required by this part must be made to the 
Information Resources Manager, Office of Pipeline Safety, Research and 
Special Programs Administration, U.S. Department of Transportation, 
Room 7128, 400 Seventh Street, SW., Washington, DC 20590.
* * * * *

PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE: 
MINIMUM FEDERAL SAFETY STANDARDS

0
1. The authority citation for Part 192 continues to read as follows:

    Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110, 
60113, and 60118; and 49 CFR 1.53.

0
2. Amend Sec.  192.3 by revising the definition of Transmission line to 
read as follows:


Sec.  192.3  Definitions.

* * * * *
    Transmission line means:
    (1) A pipeline, other than a gathering line, that:
    (i) Transports gas from a gathering line, storage facility, or 
another transmission line to a distribution center, storage facility, 
or large volume customer that is not downstream from a distribution 
center;
    (ii) Operates at a hoop stress of 20 percent or more of SMYS; or
    (iii) Transports gas within a storage field.
    (2) A large volume customer may receive similar volumes of gas as a 
distribution center, and includes factories, power plants, and 
institutional users of gas.
* * * * *

0
3. Amend Sec.  192.7 by revising paragraphs (b) and (c) to read as 
follows:


Sec.  192.7  Incorporation by reference.

* * * * *
    (b) All incorporated materials are available for inspection in the 
Research and Special programs Administration, 400 Seventh Street, SW., 
Washington, DC, or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. These materials 
have been approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. In addition, the incorporated materials are available from the 
respective organizations listed in paragraph (c) (1) of this section.
    (c) The full titles of documents incorporated by reference, in 
whole or in part, are provided herein. The numbers in parentheses 
indicate applicable editions. For each incorporated document, citations 
of all affected sections are provided. Earlier editions of currently 
listed documents or editions of documents listed in previous editions 
of 49 CFR Part 192 may be used for materials and components designed, 
manufactured, or installed in accordance with these earlier documents 
at the time they were listed. The user must refer to the appropriate 
previous edition of 49 CFR Part 192 for a listing of the earlier listed 
editions or documents.
    (1) Incorporated by reference (ibr). List of Organizations and 
Addresses.
    (i) American Gas Association (AGA), 400 North Capitol Street, NW, 
Washington, DC 20001.
    (ii) American Petroleum Institute (API), 1220 L Street, NW, 
Washington, DC 20005.
    (iii) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, West Conshohocken, PA 19428.
    (iv) ASME International (ASME), Three Park Avenue, New York, NY 
10016-5990.
    (v) Manufacturers Standardization Society of the Valve and Fittings 
Industry, Inc. (MSS), 127 Park Street, NE, Vienna, VA 22180.
    (vi) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, P.O. Box 9101, Quincy, MA 02269-9101.
    (vii) Plastics Pipe Institute, Inc. (PPI), 1825 Connecticut Avenue, 
NW, Suite 680, Washington, DC 20009.
    (viii) NACE International (NACE), 1440 South Creek Drive, Houston, 
TX 77084.
    (ix) Gas Technology Institute (GTI), 1700 South Mount Prospect 
Road, Des Plaines, IL 60018.
    (2) Documents incorporated by reference (Numbers in Parentheses 
Indicate Applicable Editions).

[[Page 32893]]



------------------------------------------------------------------------
    Source and name of referenced material          49 CFR reference
------------------------------------------------------------------------
A. American Gas Association (AGA):
    (1) AGA Pipeline Research Committee,       Sec.  Sec.   192.933(a);
     Project PR-3-805, ``A Modified Criterion   192.485(c).
     for Evaluating the Remaining Strength of
     Corroded Pipe'' (AGA PR-3-805-1989).
B. American Petroleum Institute (API):
    (1) API Specification 5L ``Specification   Sec.  Sec.   192.55(e);
     for Line Pipe'' (API 5L,42nd edition,      192.113; Item I of
     2000).                                     Appendix B to part 192.
    (2) API Recommended Practice 5L1           Sec.   192.65(a).
     ``Recommended Practice for Railroad
     Transportation of Line Pipe'' (4th
     edition, 1990).
    (3) API Specification 6D ``Specification   Sec.   192.145(a).
     for Pipeline Valves (Gate, Plug, Ball,
     and Check Valves)'' (21st edition, 1994).
    (4) API 1104 ``Welding of Pipelines and    Sec.  Sec.   192.227(a);
     Related Facilities'' (19th edition,        192.229(c)(1);
     1999, including its October 31, 2001       192.241(c); Item II,
     errata).                                   Appendix B to part 192.
C. American Society for Testing and Materials
 (ASTM):
    (1) ASTM Designation: A 53/A53M-99b        Sec.  Sec.   192.113;
     ``Standard Specification for Pipe,         Item I, Appendix B to
     Steel, Black and Hot-Dipped, Zinc-         part 192.
     Coated, Welded and Seamless'' (ASTM A53/
     A53M-99b).
    (2) ASTM Designation: A106 ``Standard      Sec.  Sec.   192.113;
     Specification for Seamless Carbon Steel    Item I, Appendix B to
     Pipe for High-Temperature Service''        part 192.
     (A106-99).
    (3) ASTM Designation: A333/A333M           Sec.  Sec.   192.113;
     ``Standard Specification for Seamless      Item I, Appendix B to
     and Welded Steel Pipe for Low-             part 192.
     Temperature Service'' (ASTM A333/A333M-
     99).
    (4) ASTM Designation: A372/A372M           Sec.   192.177(b)(1).
     ``Standard Specification for Carbon and
     Alloy Steel Forgings for Thin-Walled
     Pressure Vessels'' (ASTM A372/A372M-
     1999).
    (5) ASTM Designation: A381 ``Standard      Sec.  Sec.   192.113;
     Specification for Metal-Arc-Welded Steel   Item I, Appendix B to
     Pipe for Use With High-Pressure            part 192.
     Transmission Systems'' (ASTM A381-1996).
    (6) ASTM Designation: A671 ``Standard      Sec.  Sec.   192.113;
     Specification for Electric-Fusion-Welded   Item I, Appendix B to
     Steel Pipe for Atmospheric and Lower       part 192.
     Temperatures'' (ASTM A671-1996).
    (7) ASTM Designation: A672 ``Standard      Sec.  Sec.   192.113;
     Specification for Electric-Fusion-Welded   Item I, Appendix B to
     Steel Pipe for High-Pressure Service at    part 192.
     Moderate Temperatures'' (A672-1996).
    (8) ASTM Designation: A691 ``Standard      Sec.  Sec.   192.113;
     Specification for Carbon and Alloy Steel   Item I, Appendix B to
     Pipe, Electric-Fusion-Welded for High-     part 192.
     Pressure Service at High Temperatures''
     (ASTM A691-1998).
    (9) ASTM Designation: D638 ``Standard      Sec.  Sec.
     Test Method for Tensile Properties of      192.283(a)(3);
     Plastics'' (ASTM D638-1999).               192.283(b)(1).
    (10) ASTM Designation: D2513-87            Sec.   192.63(a)(1).
     ``Standard Specification for
     Thermoplastic Gas Pressure Pipe, Tubing,
     and Fittings'' (ASTM D2513-1987).
    (11) ASTM Designation: D2513 ``Standard    Sec.  Sec.   192.191(b);
     Specification for Thermoplastic Gas        192.281(b)(2);
     Pressure Pipe, Tubing, and Fittings.       192.283(a)(1)(i); Item
     (D2513-1999).                              I, Appendix B to part
                                                192.
    (12) ASTM Designation: D 2517 ``Standard   Sec.  Sec.   192.191(a);
     Specification for Reinforced Epoxy Resin   192.281(d)(1);
     Gas Pressure Pipe and Fittings'' (D2517-   192.283(a)(1)(ii); Item
     2000).                                     I, Appendix B to part
                                                192.
    (13) ASTM Designation: F1055 ``Standard    Sec.
     Specification for Electrofusion Type       192.283(a)(1)(iii).
     Polyethylene Fittings for Outside
     Diameter Controlled Polyethylene Pipe
     and Tubing'' (F1055-1998)..
D. ASME International (ASME):
    (1) ASME/ANSI B16.1 ``Cast Iron Pipe       Sec.   192.147(c).
     Flanges and Flanged Fittings'' (ASME
     B16.1-1998).
    (2) ASME/ANSI B16.5 ``Pipe Flanges and     Sec.  Sec.   192.147(a);
     Flanged Fittings'' (ASME B16.5-1996,       192.279.
     including ASME B16.5a-1998 Addenda).
    (3) ASME/ANSI B31G ``Manual for            Sec.  Sec.   192.485(c);
     Determining the Remaining Strength of      192.933(a).
     Corroded Pipelines'' (ASME/ANSI B31G-
     1991).
    (4) ASME/ANSI B31.8 ``Gas Transmission     Sec.   192.619(a)(1)(i).
     and Distribution Piping Systems'' (ASME/
     ANSI B31.8-1995).
    (5) ASME/ANSI B31.8S ``Supplement to       Sec.  Sec.   192.903(c);
     B31.8 on Managing System Integrity of      192.907(b); 192.911,
     Gas Pipelines'' (ASME/ANSI B31.8S-2002).   Introductory text;
                                                192.911(i); 192.911(k);
                                                192.911(l); 192.911(m);
                                                192.913(a) Introductory
                                                text; 192.913(b)(1);
                                                192.917(a) Introductory
                                                text; 192.917(b);
                                                192.917(c);
                                                192.917(e)(1);
                                                192.917(e)(4);
                                                192.921(a)(1);
                                                192.923(b)(2);
                                                192.923(b)(3);
                                                192.925(b) Introductory
                                                text; 102.925(b)(1);
                                                192.925(b)(2);
                                                192.925(b)(3);
                                                192.925(b)(4);
                                                192.927(b);
                                                192.927(c)(1)(i);
                                                192.929(b)(1);
                                                192.929(b)(2);
                                                192.933(a);
                                                192.933(d)(1);
                                                192.933(d)(1)(i);
                                                192.935(a);
                                                192.935(b)(1)(iv);
                                                192.937(c)(1);
                                                192.939(a)(1)(i);
                                                192.939(a)(1)(ii);
                                                192.939(a)(3);
                                                192.945(a).
    (6) ASME Boiler and Pressure Vessel Code,  Sec.  Sec.   192.153(a).
     Section I, Rules for Construction of
     Power Boilers (ASME Section I-1998).
    (7) ASME Boiler and Pressure Vessel Code,  Sec.  Sec.   192.153(a);
     Section VIII, Division 1, ``Rules for      192.153(b); 192.153(d);
     Construction of Pressure Vessels'' (ASME   192.165(b)(3).
     Section VIII Division 1-2001).
    (8) ASME Boiler and Pressure Vessel Code,  Sec.  Sec.   192.153(b);
     Section VIII, Division 2, ``Rules for      192.165(b)(3).
     Construction of Pressure Vessels:
     Alternative Rules'' (ASME Section VIII
     Division 2-2001).
    (9) ASME Boiler and Pressure Vessel Code,  Sec.  Sec.   192.227(a);
     Section IX, ``Welding and Brazing          Item II, Appendix B to
     Qualifications'' (ASME Section IX-2001).   part 192.
E. Manufacturers Standardization Society of
 the Valve and Fittings Industry, Inc. (MSS):
    (1) MSS SP44-96 ``Steel Pipe Line          Sec.   192.147(a).
     Flanges'' (MSS SP-44-1996 including 1996
     errata).
    (2) [Reserved]...........................

[[Page 32894]]

 
F. National Fire Protection Association
 (NFPA):
    (1) NFPA 30 ``Flammable and Combustible    Sec.   192.735(b).
     Liquids Code'' (NFPA 30-1996).
    (2) ANSI/NFPA 58 ``Liquefied Petroleum     Sec.   192.11(a);
     Gas Code (LP-Gas Code)'' (NFPA 58-1998).   192.11(b); 192.11(c).
    (3) ANSI/NFPA 59 ``Standard for the        Sec.   192.11(a);
     storage and Handling of Liquefied          192.11(b); 192.11(c).
     Petroleum Gases at Utility Gas Plants''
     (NFPA 59-1998).
    (4) ANSI/NFPA 70 ``National Electrical     Sec.  Sec.   192.163(e);
     Code'' (NFPA 70-1996).                     192.189(c).
G. Plastics Pipe Institute, Inc. (PPI):
    (1) PPI TR-3/2000 ``Policies and           Sec.  Sec.   192.121.
     Procedures for Developing Hydrostatic
     Design Bases (HDB), Pressure Design
     Bases (PDB), and Minimum Required
     Strength (MRS) Ratings for Thermoplastic
     Piping Materials ``(PPI TR-3-2000-Part E
     only, ``Policy for Determining Long Term
     Strength (LTHS) by Temperature
     Interpolation)''.
H. NACE International (NACE):
    (1) NACE Standard RP-0502-2002 ``Pipeline  Sec.  Sec.
     External Corrosion Direct Assessment       192.923(b)(1);
     Methodology'' (NACE RP-0502-2002).         192.925(b) Introductory
                                                text; 192.925(b)(1);
                                                192.925(b)(1)(ii);
                                                192.925(b)(2)
                                                Introductory text;
                                                192.925(b)(3)
                                                Introductory text;
                                                192.925(b)(3)(ii);
                                                192.925(b)(iv);
                                                192.925(b)(4)
                                                Introductory text;
                                                192.925(b)(4)(ii);
                                                192.931(d);
                                                192.935(b)(1)(iv);
                                                192.939(a)(2).
I. Gas Technology Institute (GTI). (Formerly
 Gas Research Institute):
    (1) GRI 02/0057 ``Internal Corrosion       Sec.   192.927(c)(2);
     Direct Assessment of Gas Transmission      192.7.
     Pipelines--Methodology'' (GRI 02/0057-
     2002).
------------------------------------------------------------------------

Sec.  192.113  [Amended]

0
4. Amend Sec.  192.113 by removing the words ``ASTM A53'' and adding 
the words ``ASTM A53/A53M.'' in their place.
0
5. Amend Sec.  192.121 by revising the definition for ``S'' following 
the equation to read as follows:


Sec.  192.121  Design of plastic pipe.

* * * * *
    S = For thermoplastic pipe, the HDB determined in accordance with 
the listed specification at a temperature equal to 73 [deg]F (23 
[deg]C), 100 [deg]F (38 [deg]C), 120 [deg]F (49 [deg]C), or 140 [deg]F 
(60 [deg]C). In the absence an HDB established at the specified 
temperature, the HDB of a higher temperature may be used in determining 
a design pressure rating at the specified temperature by arithmetic 
interpolation using the procedure in Part E of PPI TR-3/2000 entitled, 
Policy for Determining Long-Term Strength (LTHS) by Temperature 
Interpolation, as published in the technical Report TR-3/2000 ``HDB/
PDB/MRS Policies'', (ibr, see Sec.  192.7). For reinforced 
thermosetting plastic pipe, 11,000 psig (75,842 kPa).
* * * * *

0
6. Amend Sec.  192.123 by revising the introductory text in paragraph 
(a), revising paragraph (b)(2)(i), and adding a new paragraph (e) to 
read as follows:


Sec.  192.123  Design limitations for plastic pipe.

    (a) Except as provided in paragraph (e) of this section, the design 
pressure may not exceed a gauge pressure of 125 psig (862 kPa) for 
plastic pipe used in:
* * * * *
    (b) * * *
    (2) * * *
    (i) For thermoplastic pipe, the temperature at which the HDB used 
in the design formula under Sec.  192.121 is determined.
* * * * *
    (e) The design pressure for thermoplastic pipe produced after 
[insert effective date of final rule] may exceed a gauge pressure of 
100 psig (689 kPa) provided that:
    (1) The design pressure does not exceed 125 psig (862 kPa);
    (2) The material is a PE2406 or a PE3408 as specified within ASTM 
D2513 (ibr, see Sec.  192.7);
    (3) The pipe size is nominal pipe size (IPS) 12 or less; and
    (4) The design pressure is determined in accordance with the design 
equation defined in Sec.  192.121.

0
7. Amend ( 192.144 by revising the introductory text and paragraph (b) 
introductory text to read as follows:


Sec.  192.144  Qualifying metallic components.

    Notwithstanding any requirement of this subpart which incorporates 
by reference an edition of a document listed in Sec.  192.7 or Appendix 
B of this part, a metallic component manufactured in accordance with 
any other edition of that document is qualified for use under this part 
if--
    (a) * * *
    (b) The edition of the document under which the component was 
manufactured has equal or more stringent requirements for the following 
as an edition of that document currently or previously listed in Sec.  
192.7 or appendix B of this part:
* * * * *

0
8. Amend Sec.  192.145 by revising paragraph (a) to read as follows:


Sec.  192.145  Valves.

    (a) Except for cast iron and plastic valves, each valve must meet 
the minimum requirements of API 6D (ibr, see Sec.  192.7), or to a 
national or international standard that provides an equivalent 
performance level. A valve may not be used under operating conditions 
that exceed the applicable pressure-temperature ratings contained in 
those requirements.
* * * * *

0
9. Amend Sec.  192.225 by revising the section heading and paragraph 
(a) to read as follows:


Sec.  192.225  Welding procedures.

    (a) Welding must be performed by a qualified welder in accordance 
with welding procedures qualified under section 5 of API 1104 (ibr, see 
Sec.  192.7) or section IX of the ASME Boiler and Pressure Vessel Code 
`` Welding and Brazing Qualifications'' (ibr, see Sec.  192.7) to 
produce welds meeting the requirements of this subpart. The quality of 
the test welds used to qualify welding procedures shall be determined 
by destructive testing in accordance with the applicable welding 
standard(s).
* * * * *

0
10. Amend Sec.  192.227 by revising paragraph (a) to read as follows:


Sec.  192.227  Qualification of welders.

    (a) Except as provided in paragraph (b) of this section, each 
welder must be qualified in accordance with section 6 of API 1104 (ibr, 
see Sec.  192.7) or section IX of the ASME Boiler and Pressure Vessel 
Code (ibr, see Sec.  192.7) . However,

[[Page 32895]]

a welder qualified under an earlier edition than listed in appendix A 
of this part may weld but may not requalify under that earlier edition.
* * * * *

0
11. Amend Sec.  192.229 by revising paragraph (c)(1) to read as 
follows:


Sec.  192.229  Limitations on welders.

* * * * *
    (c) * * *
    (1) May not weld on pipe to be operated at a pressure that produces 
a hoop stress of 20 percent or more of SMYS unless within the preceding 
6 calendar months the welder has had one weld tested and found 
acceptable under the sections 6 or 9 of API Standard 1104 (ibr, see 
Sec.  192.7). Alternatively, welders may maintain an ongoing 
qualification status by performing welds tested and found acceptable 
under the above acceptance criteria at least twice each calendar year, 
but at intervals not exceeding 7\1/2\ months. A welder qualified under 
an earlier edition of a standard listed in Sec.  192.7 of this part may 
weld but may not requalify under that earlier edition; and
* * * * *

0
12. Amend Sec.  192.241 by revising paragraphs (a) introductory text 
and paragraph (c) to read as follows:


Sec.  192.241  Inspection and test of welds.

    (a) Visual inspection of welding must be conducted by an individual 
qualified by appropriate training and experience to ensure that:
* * * * *
    (c) The acceptability of a weld that is nondestructively tested or 
visually inspected is determined according to the standards in Section 
9 of API Standard 1104 (ibr, see Sec.  192.7). However, if a girth weld 
is unacceptable under those standards for a reason other than a crack, 
and if Appendix A to API 1104 applies to the weld, the acceptability of 
the weld may be further determined under that appendix.

0
13. Amend Sec.  192.283 by revising the section heading, paragraphs 
(a)(1)(i), (a)(1)(ii), (a)(1)(iii), (a)(3), and (b)(1) to read as 
follows:


Sec.  192.283  Plastic pipe: Qualifying joining procedures.

    (a) * * *
    (1) * * *
    (i) In the case of thermoplastic pipe, paragraph 6.6 (sustained 
pressure test) or paragraph 6.7 (Minimum Hydrostatic Burst Test) or 
paragraph 8.9 ( Sustained Static pressure Test) of ASTM D2513 (ibr, see 
Sec.  192.7);
    (ii) In the case of thermosetting plastic pipe, paragraph 8.5 
(Minimum Hydrostatic Burst Pressure) or paragraph 8.9 (Sustained Static 
Pressure Test) of ASTM D2517; (ibr, see Sec.  192.7); or
    (iii) In the case of electrofusion fittings for polyethylene pipe 
and tubing, paragraph 9.1 (Minimum Hydraulic Burst Pressure Test), 
paragraph 9.2 (Sustained Pressure Test), paragraph 9.3 (Tensile 
Strength Test), or paragraph 9.4 (Joint Integrity Tests) of ASTM 
Designation F1055, (ibr, see Sec.  192.7).
    (2) * * *
    (3) For procedures intended for non-lateral pipe connections, 
follow the tensile test requirements of ASTM D638 (ibr, see Sec.  
192.7), except that the test may be conducted at ambient temperature 
and humidity If the specimen elongates no less than 25 percent or 
failure initiates outside the joint area, the procedure qualifies for 
use.
    (b) * * *
    (1) Use an apparatus for the test as specified in ASTM D 638 
(except for conditioning), (ibr, see Sec.  192.7).
* * * * *

0
14. Amend Sec.  192.285 by revising the section heading to read as 
follows:


Sec.  192.285  Plastic pipe: Qualifying persons to make joints.

* * * * *

0
15. Amend Sec.  192.287 by revising the section heading to read as 
follows:


Sec.  192.287  Plastic pipe: Inspection of joints.

* * * * *

0
16. Amend Sec.  192.321 by revising paragraph (a) and by adding a new 
paragraph (h) to read as follows:


Sec.  192.321  Installation of plastic pipe.

    (a) Plastic pipe must be installed below ground level except as 
provided by paragraphs (g) and (h) of this section.
* * * * *
    (h) Plastic pipe may be installed on bridges provided that it is:
    (1) Installed with protection from mechanical damage, such as 
installation in a metallic casing;
    (2) Protected from ultraviolet radiation; and
    (3) Not allowed to exceed the pipe temperature limits specified in 
Sec.  192.123.

0
17. Amend Sec.  192.505 by revising paragraphs (d)(1), (d)(2), and by 
adding paragraph (d)(3) to read as follows:


Sec.  192.505  Strength test requirements for steel pipeline to operate 
at a hoop stress of 30 percent or more of SMYS.

* * * * *
    (d) * * *
    (1) The component was tested to at least the pressure required for 
the pipeline to which it is being added; or
    (2) The component was manufactured under a quality control system 
that ensures that each item manufactured is at least equal in strength 
to a prototype and that the prototype was tested to at least the 
pressure required for the pipeline to which it is being added; or
    (3) The component carries a pressure rating established through 
applicable ASME/ANSI, MSS specifications, or by unit strength 
calculations as described in Sec.  192.143.
* * * * *

0
18. Amend Sec.  192.611 by revising paragraph (d) to read as follows:


Sec.  192.611  Change in class location: Confirmation or revision of 
maximum allowable operating pressure.

* * * * *
    (d) Confirmation or revision of the maximum allowable operating 
pressure that is required as a result of a study under Sec.  192.609 
must be completed within 24 months of the change in class location. 
Pressure reduction under paragraph (a) (1) or (2) of this section 
within the 24-month period does not preclude establishing a maximum 
allowable operating pressure under paragraph (a)(3) of this section at 
a later date.

0
19. Amend Sec.  192.723 by revising the first sentence in paragraph 
(b)(2) to read as follows:


Sec.  192.723  Distribution systems: Leakage surveys.

* * * * *
    (b) * * *
    (2) A leakage survey with leak detector equipment must be conducted 
outside business districts as frequently as necessary, but at least 
once every 5 calendar years at intervals not exceeding 63 months. * * *

Appendix A to Part 192 [Removed and Reserved]

0
20. Remove and reserve Appendix A.

0
21. Appendix B to Part 192 are revised to read as follows:

Appendix B to Part 192--Qualification of Pipe

I. Listed Pipe Specification

    API 5L--Steel pipe, ``API Specification for Line Pipe'' (ibr, 
see Sec.  192.7)
    ASTM A 53/A53M-99b--Steel pipe, ``Standard Specification for 
Pipe, Steel Black and Hot-Dipped, Zinc-Coated, welded and 
Seamless''(ibr, see Sec.  192.7)
    ASTM A 106--Steel pipe, ``Standard Specification for Seamless 
Carbon Steel Pipe for High temperature Service'' (ibr, see Sec.  
192.7)

[[Page 32896]]

    ASTM A 333/A 333M--Steel pipe, ``Standard Specification for 
Seamless and Welded steel Pipe for Low Temperature Service'' (ibr, 
see Sec.  192.7)
    ASTM A 381--Steel pipe, ``Standard specification for Metal-Arc-
Welded Steel Pipe for Use with High-Pressure Transmission Systems'' 
(ibr, see Sec.  192.7)
    ASTM A 671--Steel pipe, ``Standard Specification for Electric-
Fusion-Welded Pipe for Atmospheric and Lower Temperatures'' (ibr, 
see Sec.  192.7)
    ASTM A 672--Steel pipe, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate 
Temperatures'' (ibr, see Sec.  192.7)
    ASTM A 691--Steel pipe, ``Standard Specification for Carbon and 
Alloy Steel Pipe, Electric-Fusion-Welded for High Pressure Service 
at High Temperatures'' (ibr, see Sec.  192.7)
    ASTM D 2513-1999 ``Thermoplastic pipe and tubing, ``Standard 
Specification for Thermoplastic Gas Pressure Pipe, Tubing, and 
Fittings'' (ibr, see Sec.  192.7)
    ASTM D 2517--Thermosetting plastic pipe and tubing, ``Standard 
Specification Reinforced Epoxy Resin Gas Pressure Pipe and 
Fittings'' (ibr, see Sec.  192.7)

II. Steel Pipe of Unknown or Unlisted Specification

    A. Bending Properties. * * *
    B. Weldability. A girth weld must be made in the pipe by a 
welder who is qualified under subpart E of this part. The weld must 
be made under the most severe conditions under which welding will be 
allowed in the field and by means of the same procedure that will be 
used in the field. On pipe more than 4 inches (102 millimeters) in 
diameter, at least one test weld must be made for each 100 lengths 
of pipe. On pipe 4 inches (102 millimeters) or less in diameter, at 
least one test weld must be made for each 400 lengths of pipe. The 
weld must be tested in accordance with API Standard 1104 (ibr, see 
Sec.  192.7). If the requirements of API Standard 1104 cannot be 
met, weldability may be established by making chemical tests for 
carbon and manganese, and proceeding in accordance with section IX 
of the ASME Boiler and Pressure Vessel Code (ibr, see Sec.  192.7). 
The same number of chemical tests must be made as are required for 
testing a girth weld.
    C. Inspection. * * *
    D. Tensile properties. If the tensile properties of the pipe are 
not known, the minimum yield strength may be taken as 24,000 p.s.i. 
(165 MPa) or less, or the tensile properties may be established by 
performing tensile test as set forth in API Specification 5L (ibr, 
see Sec.  192.7).
* * * * *


0
22. Amend Appendix C to Part 192 by adding a sentence at the end of 
paragraph I to read as follows:

Appendix C--Qualification of Welders for Low Stress Level Pipe

    I. * * * A welder who successfully passes a butt-weld 
qualification test under this section shall be qualified to weld on 
all pipe diameters less than or equal to 12 inches.
* * * * *

PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

0
1. The authority citation for part 195 continues to read as follows:

    Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60118; 
and 49 CFR 1.53.


0
2. Amend Sec.  195.2 by adding a definition in alphabetical order to 
read as follows:


Sec.  195.2  Definitions.

* * * * *
    Maximum operating pressure (MOP) means the maximum pressure at 
which a pipeline or segment of a pipeline may be normally operated 
under this part.
* * * * *

0
3. Amend Sec.  195.3 by revising the section heading, paragraph (b), 
and paragraph (c) to read as follows:


Sec.  195.3  Matter incorporated by reference in whole or in part.

* * * * *
    (b) All incorporated materials are available for inspection in the 
Research and Special Programs Administration, 400 Seventh Street, SW, 
Washington, DC, or at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. These materials 
have been approved for incorporation by reference by the Director of 
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. In addition, materials incorporated by reference are available as 
follows:

(1) American Gas Association (AGA), 400 North Capitol Street, NW, 
Washington, DC 20001.
(2) American Petroleum Institute (API), 1220 L Street, NW, Washington, 
DC 20005.
(3) ASME International (ASME), Three Park Avenue, New York, NY 10016-
5990.
(4) Manufacturers Standardization Society of the Valve and Fittings 
Industry, Inc. (MSS), 127 Park Street, NE, Vienna, VA 22180.
(5) American Society for Testing and Materials (ASTM), 100 Barr Harbor 
Drive, West Conshohocken, PA 19428.
(6) National Fire Protection Association (NFPA), 1 Batterymarch Park, 
P.O. Box 9101, Quincy, MA 02269-9101.
(7) NACE International, 1440 South Creek Drive, Houston, TX 77084

    (c) The full titles of publications incorporated by reference 
wholly or partially in this part are as follows. Numbers in parentheses 
indicate applicable editions:

------------------------------------------------------------------------
    Source and name of referenced material          49 CFR reference
------------------------------------------------------------------------
A. American Gas Association (AGA):
    (1) AGA Pipeline Research Committee,       Sec.   195.452(h)(4)(B).
     Project PR-3-805, ``A Modified Criterion
     for Evaluating the Remaining Strength of
     Corroded Pipe'' (December 22, 1989). The
     RSTRENG program may be used for
     calculating remaining strength.
    (2) [Reserved].                            .........................
B. American Petroleum Institute (API):         .........................
    (1) API Specification 5L ``Specification   Sec.  Sec.
     for Line Pipe'' (42nd edition, 2000).      195.106(b)(1)(i);
                                                195.106(e).
    (2) API Specification 6D ``Specification   Sec.   195.116(d).
     for Pipeline Valves (Gate, Plug, Ball,
     and Check Valves)'' (21st edition, 1994).
    (3) API Specification 12F ``Specification  Sec.  Sec.
     for Shop Welded Tanks for Storage of       195.132(b)(1);
     Production Liquids'' (11th edition,        195.205(b)(2);
     November 1994).                            195.264(b)(1);
                                                195.264(e)(1);
                                                195.307(a); 195.565;
                                                195.579(d).
    (4) API 510 ``Pressure Vessel Inspection   Sec.  Sec.   195/
     Code: Maintenance Inspection, Rating,      205(b)(3); 195.432(c).
     Repair, and Alteration'' (8th edition,
     June 1997, and Addenda 1 through 4).
    (5) API Standard 620 ``Design and          Sec.  Sec.
     Construction of Large, Welded, Low-        195.132(b)(2);
     Pressure Storage Tanks'' (9th edition).    195.205(b)(2);
                                                195.264(b)(1);
                                                195.264(e)(3);
                                                195.307(b).
    (6) API 650 ``Welded Steel Tanks for Oil   Sec.  Sec.
     Storage'' (1998).                          195.132(b)(3);
                                                195.205(b)(1);
                                                195.264(b)(1);
                                                195.264(e)(2);
                                                195.307(c); 195.307(d);
                                                195.565; 195.579(d).

[[Page 32897]]

 
    (7) API Recommended Practice 651           Sec.  Sec.   195.565;
     ``Cathodic Protection of Aboveground       195.579(d).
     Petroleum Storage Tanks'' (2nd edition,
     December 1997).
    (8) API Recommended Practice 652 ``Lining  Sec.   195.579(d).
     of Aboveground Petroleum Storage Tank
     Bottoms'' (2nd edition, December 1997).
    (9) API Standard 653 ``Tank Inspection,    Sec.   195.205(b)(1);
     Repair, Alteration, and Reconstruction''   195.432(b).
     (3rd edition, 2001, and Addendum 1,
     2003).
    (10) API 1104 ``Welding of Pipelines and   Sec.  Sec.   195.222;
     Related Facilities'' (19th edition, 1999   195.228(b).
     plus its October 31, 2001 errata).
    (11) API Standard 2000 ``Venting           Sec.  Sec.
     Atmospheric and Low-Pressure Storage       195.264(e)(2);
     Tanks'' (4th edition, September 1992).     195.264(e)(3).
    (12) API 1130 ``Computational Pipeline     Sec.  Sec.   195.134;
     Monitoring'' (1st edition, 1995).          195.444.
    (13) API Recommended Practice 2003         Sec.   195.405(a).
     ``Protection Against Ignitions Arising
     out of Static, Lightning, and Stray
     Currents'' (6th edition, 1998).
    (14) API Publication 2026 ``Safe Access/   Sec.   195.405(b).
     Egress Involving Floating Roofs of
     Storage Tanks in Petroleum Service''
     (2nd edition, 1998).
    (15) API Recommended Practice 2350         Sec.   195.428(c).
     ``Overfill Protection for Storage Tanks
     In Petroleum Facilities'' (2nd edition,
     1996).
    (16) API Standard 2510 ``Design and        Sec.  Sec.
     Construction of LPG Installations''(7th    195.132(b)(3);
     edition, 1995).                            195.205(b)(3);
                                                195.264(b)(2);
                                                195.264(e)(4);
                                                195.307(e); 195.428(c);
                                                195.432(c).
C. ASME International (ASME):
    (1) ASME/ANSI B16.9 ``Factory-Made         Sec.   195.118(a).
     Wrought Steel Butt welding Fittings''
     (1993).
    (2) ASME/ANSI B31.4 ``Pipeline             Sec.   195.452(h)(4)(i).
     Transportation Systems for Liquid
     Hydrocarbons and Other Liquids'' (1998).
    (3) ASME/ANSI B31G ``Manual for            Sec.  Sec.
     Determining the Remaining Strength of      195.452(h)(4)(i)(B);
     Corroded Pipelines'' (1991).               195.452(h)(4)(iii)(D).
    (4) ASME/ANSI B31.8 ``Gas Transmission     Sec.   195.5(a)(1)(i);
     and Distribution Piping Systems'' (1995).  195.406(a)(1)(i).
    (5) ASME Boiler and Pressure vessel Code,  Sec.   195.124;
     Section VIII, Division 1 ``Rules for       195.307(e).
     Construction of Pressure Vessels,''
     (1998 edition with 2000 addenda).
    (6) ASME Boiler and Pressure Vessel Code,  Sec.   195.307(e).
     Section VIII, Division 2 ``Alternate
     Rules for Construction for Pressure
     Vessels'' (2001 Edition).
    (7) ASME Boiler and Pressure vessel Code,  Sec.   195.222.
     Section IX ``Welding and Brazing
     Qualifications,'' (2001 Edition).
D. Manufacturers Standardization Society of
 the Valve and Fittings Industry, Inc. (MSS):
    (1) MSS SP-75 ``Specification for High     Sec.   195.118(a).
     Test Wrought Butt Welding Fittings''
     (1993).
    (2) [Reserved].                            .........................
E. American Society for Testing and Materials
 (ASTM):
    (1) ASTM Designation: A53/A53M ``Standard  Sec.   195.106(e).
     Specification for Pipe, Steel, Black and
     Hot-Dipped, Zinc-Coated Welded and
     Seamless'' (A53/A53M-99b).
    (2) ASTM Designation: A106 ``Standard      Sec.   195.106(e).
     Specification for Seamless Carbon Steel
     Pipe for High-Temperature Service''
     (A106-99).
    (3) ASTM Designation: A 333/A 333M         Sec.   195.106(e).
     ``Standard Specification for Seamless
     and Welded Steel Pipe for Low-
     Temperature Service''(A 333/A 333M-99).
    (4) ASTM Designation: A 381 ``Standard     Sec.   195.106(e).
     Specification for Metal-Arc-Welded Steel
     Pipe for Use With High-Pressure
     Transmission Systems'' (A 381-96).
    (5) ASTM Designation: A 671 ``Standard     Sec.   195.106(e).
     Specification for Electric-Fusion-Welded
     Steel Pipe for Atmospheric and Lower
     Temperatures'' (A 671-96).
    (6) ASTM Designation: A 672 ``Standard     Sec.   195.106(e).
     Specification for Electric-Fusion-Welded
     Steel Pipe for High-Pressure Service at
     Moderate Temperatures'' (A 672-96).
    (7) ASTM Designation: A 691 ``Standard     Sec.   195.106(e).
     Specification for Carbon and Alloy Steel
     Pipe Electric-Fusion-Welded for High-
     Pressure Service at High Temperatures''
     (A 691-98).
F. National Fire Protection Association
 (NFPA):
    (1) ANSI/NFPA 30 ``Flammable and           Sec.   195.264(b)(1).
     Combustible Liquids Code'' (1996).
    (2) [Reserved].                            .........................
G. NACE International (NACE):
    (1) NACE Standard RP-169-96: ``Control of  Sec.   195.571.
     External Corrosion on Underground or
     Submerged Metallic Piping Systems''
     (1996).
    (2) Reserved.                              .........................
------------------------------------------------------------------------


0
4. Amend Sec.  195.58 by revising the first sentence to read as 
follows:


Sec.  195.58  Address for written reports.

    Each written report required by this subpart must be made to the 
Information Resources Manager, Office of Pipeline Safety, Research and 
Special Programs Administration, U.S. Department of Transportation, 
Room 7128, 400 Seventh Street, SW., Washington, DC 20590.
    * * *

0
5. Amend Sec.  195.214 by revising the section heading and paragraph 
(a) to read as follows:


Sec.  195.214  Welding procedures.

    (a) Welding must be performed by a qualified welder in accordance 
with welding procedures qualified under Section 5 of API 1104 or 
Section IX of the ASME Boiler and Pressure Vessel Code (ibr, see Sec.  
195.3) . The quality of the test welds used to qualify the welding 
procedure shall be determined by destructive testing.
* * * * *

0
6. Section 195.222 is revised to read as follows:


Sec.  195.222  Welders: Qualification of welders.

    Each welder must be qualified in accordance with Section 6 of API 
1104 (ibr, see Sec.  195.3) or Section IX of the

[[Page 32898]]

ASME Boiler and Pressure Vessel Code, (ibr, see Sec.  195.3) except 
that a welder qualified under an earlier edition than listed in Sec.  
195.3 may weld but may not requalify under that earlier edition.

0
7. Amend Sec.  195.228 by revising paragraph (b) to read as follows:


Sec.  195.228  Welds and welding inspection: Standards of 
acceptability.

* * * * *
    (b) The acceptability of a weld is determined according to the 
standards in Section 9 of API 1104. However, if a girth weld is 
unacceptable under those standards for a reason other than a crack, and 
if Appendix A to API 1104 (ibr, see Sec.  195.3) applies to the weld, 
the acceptability of the weld may be determined under that appendix.

PART 199--DRUG AND ALCOHOL TESTING

0
1. The authority citation for part 199 continues to read as follows:

    Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and 
60118; 49 CFR 1.53.


0
2. Amend Sec.  199.119 by revising paragraph (b) to read as follows:


Sec.  199.119  Reporting of anti-drug testing results.

* * * * *
    (b) Each report required under this section shall be submitted to 
the Office of Pipeline Safety, Research and Special Programs 
Administration, U.S. Department of Transportation, Room 7128, 400 
Seventh Street, SW, Washington, DC 20590.
* * * * *

0
3. Amend Sec.  199.229 by revising paragraph (c) to read as follows:


Sec.  199.229  Reporting of alcohol testing results.

* * * * *
    (c) Each report required under this section shall be submitted to 
the Office of Pipeline Safety, Research and Special Programs 
Administration, U.S. Department of Transportation, Room 7128, 400 
Seventh Street, SW, Washington, DC 20590.
* * * * *

    Issued in Washington, DC, on April 23, 2004.
Samuel G. Bonasso,
Deputy Administrator.
[FR Doc. 04-12070 Filed 6-10-04; 8:45 am]
BILLING CODE 4910-60-P