[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Rules and Regulations]
[Pages 17099-17102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8376]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 192 and 195
[Docket No. PHMSA-2008-0334.]
RIN 2137-AE42
Pipeline Safety: Incorporation by Reference Update: American
Petroleum Institute (API) Standards 5L and 1104
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Direct final rule.
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SUMMARY: This direct final rule incorporates by reference the most
recent editions of API Specification 5L ``Specification for Line Pipe''
and API 1104 ``Welding of Pipelines and Related Facilities.'' The
purpose of this update is to enable pipeline operators to utilize
current technology, materials, and practices to help maintain a high
level of safety relative to their pipeline operations. PHMSA is not
eliminating the use of the current referenced standards but simply
allowing the additional use of these new standards. PHMSA may in the
future propose to eliminate the incorporation of the existing
referenced standards.
DATES: Effective Date: This rule is effective April 14, 2009 without
further action, unless adverse comment is received by June 15, 2009. If
adverse comment is received, PHMSA will publish a timely withdrawal of
the rule in the Federal Register.
Incorporation by Reference Date: The incorporation by reference of
certain publications listed in this rule is approved by the Director of
the Federal Register as of April 14, 2009.
ADDRESSES: Comments should reference DOT Docket ID Number PHMSA-2008-
0334 and may be submitted by any of the following methods:
E-Gov Web: http://www.regulations.gov. This web site
allows the public to enter comments on any Federal Register notice
issued by any agency. Follow the online instructions for submitting
comments.
Mail: Docket Management System: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: DOT Docket Management System,
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal
holidays.
Fax: 202-493-2251.
Instructions: Identify the docket ID, PHMSA 2008-0334, at the
beginning of your comments. If you submit your comments by mail, submit
two copies. If you wish to receive confirmation that PHMSA received
your comments, include a self-addressed stamped postcard. Internet
users may submit comments at http://www.regulations.gov.
Note: All comments received will be posted without edits to
http://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
Privacy Act: Anyone is able to search the electronic form of all
comments received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit http://DocketInfo.dot.gov.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or the street
address listed above. Follow the online instructions for accessing the
dockets.
FOR FURTHER INFORMATION CONTACT: For information about the technical
standards contact Mike Israni, (202) 366-4571, or by e-mail at
[email protected]. For all other information contact John Gale by
phone at (202) 366-4046 or by e-mail at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
This direct final rule adopts the most recent editions of two
consensus technical standards, the American Petroleum Institute (API)
5L (44th edition) and API 1104 (20th edition). Through use of these
consensus standards, pipeline operators will be able to use current
technology, materials, and practices. The incorporation of the most
recent
[[Page 17100]]
editions of these standards improves clarity, consistency, and
accuracy, reduces unnecessary burdens on the regulated community and
will provide, at minimum, an equivalent level of safety. PHMSA is not
eliminating the use of the current referenced standards but simply
allowing the additional use of these new standards. PHMSA may in the
future propose to eliminate the incorporation of the existing
referenced standards.
Standards Incorporated by Reference
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113) directs Federal agencies to use voluntary consensus
standards in lieu of government-written standards whenever possible.
Voluntary consensus standards are standards developed or adopted by
voluntary bodies that develop, establish, or coordinate technical
standards using agreed upon procedures.
PHMSA's Office of Pipeline Safety participates in more than 25
national voluntary consensus standards committees. PHMSA's policy is to
adopt voluntary consensus standards when they are applicable to
pipeline design, construction, maintenance, inspection, and repair.
PHMSA has the ultimate responsibility to ensure the best interests of
public safety are being served. PHMSA reviews and approves for
incorporation by reference updated versions based on this directive.
When PHMSA believes some aspect of the standard does not meet this
directive, it will not incorporate the new edition, or that part of the
standard that it believes is contradictory with the directive. In
recent years, PHMSA has adopted dozens of new and revised voluntary
consensus standards into its gas pipeline (49 CFR Part 192)
regulations, its liquefied natural gas (LNG) (49 CFR Part 193)
regulations, and its hazardous liquid pipeline (49 CFR Part 195)
regulations.
Parts 192, 193, and 195 incorporate by reference all or parts of
more than 60 standards and specifications developed and published by
technical organizations, including the American Petroleum Institute,
American Gas Association, American Society of Civil Engineers, American
Society of Mechanical Engineers, American Society for Testing and
Materials, Manufacturers Standardization Society of the Valve and
Fittings Industry, National Fire Protection Association, Plastics Pipe
Institute, and Pipeline Research Council International. These
organizations update and revise their published standards every 3 to 5
years to reflect modern technology and best technical practices. PHMSA
has reviewed the revised voluntary consensus standards being
incorporated in this final rule.
New Editions of Standards
The following new editions of currently referenced standards are
being incorporated by reference (IBR) in part 192 and 195. These new
editions refine and clarify existing material in the standard and
generally do not introduce new topics.
American Petroleum Institute (API):
ANSI/API Spec 5L/ISO 3183 ``Specification for Line Pipe''
(44th edition, 2007) Referenced by 49 CFR 192.55(e); 192.112; 192.113;
Item I, Appendix B to part 192; 195.106(b)(1)(i); 195.106(e)
Amendments to API 5L in the 44th edition include:
1. High default toughness criteria for PSL 2 pipe previously not
specified, ensuring a higher toughness baseline for most critical
product in the field.
2. Restrictive dimensional limits (including wall thickness,
diameter, out-of-round, pipe end geometric irregularities) ensuring
better field fit up and welding.
3. More comprehensive description of ultrasonic and radiographic
methods and documentation testing providing a more consistent weld and
body inspection and pipe traceability is improved through key
inspection step.
4. New sour service and offshore requirements including restrictive
documentation, processing, chemical composition, inspection and
mechanical property controls ensuring well suited product applied to
these critical applications.
API 1104 ``Welding of Pipelines and Related Facilities''
(20th edition, errata, 2008) Referenced in 49 CFR 192.227(a);
192.229(c)(1); and 192.241(c); Item II, Appendix B; 195.222; 195.228(b)
and 195.214(a)
The 20th edition of API 1104 includes a new Appendix A. Appendix A
describes the method to determine the maximum height and length of a
weld imperfection that can remain in a girth weld and not be a threat
to the integrity of a pipeline. Appendix A in the 19th edition is an
old standard that was developed in the 1970s and at that time X 60
material was the strongest pipe available. Now X 80 is common place.
By letters dated September 26, 2008 and December 4, 2008, EVRAZ,
Inc. and California Steel Industries, Inc., petitioned PHMSA to allow
the immediate use of the 44th edition of API 5L. The petitioners
explained that the failure to allow the use of the newer standard would
adversely impact the metallurgy and tolerances of the pipe manufactured
in their plants and that the impact was industry-wide. Due to the lead
time of ordering steel pipe for major infrastructure projects, the
petitioners urgently requested that PHMSA allow the use of the newer
standard in order to avoid adverse impacts on their customers' projects
involving thousands of tons of pipe and hundreds of workers.
This direct final rule is issued under the procedures set forth in
49 CFR 190.339. That provision allows for incorporation by reference of
industry standards by direct final rule. If an adverse comment or
notice of intent to file an adverse comment is received, a timely
document will be published in the Federal Register withdrawing this
direct final rule in whole or in part. Interested parties should refer
to 49 CFR 190.339(c) for discussion of what constitutes an adverse
comment.
II. Regulatory Analyses and Notices
Statutory/Legal Authority for Rulemaking
This final rule is published under the authority of 49 U.S.C. 60101
et seq. Section 60102(a) of 49 U.S.C. authorizes the Secretary of
Transportation to prescribe regulations related to pipeline safety.
Executive Order 12866 and DOT Policies and Procedures
This direct final rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was
not subject to review by the Office of Management and Budget. This
direct final rule is not significant under the Regulatory Policies and
Procedures of the Department of Transportation (44 FR 11034).
In this final rule we are updating references to standards that are
incorporated in the pipeline safety regulations. These updates will
enhance safety while reducing the compliance burden on the regulated
industry. We invite public comment on any impacts of these amendments.
Executive Order 13132
PHMSA has analyzed the direct final rule according to Executive
Order 13132 (64 FR 43255, August 10, 1999). The direct final rule does
not have a substantial direct effect 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. The
direct final rule does not impose substantial direct compliance costs
on State and local
[[Page 17101]]
governments. This direct final rule does not preempt state law for
intrastate pipelines. Therefore, the consultation and funding
requirements of Executive Order 13132 does not apply.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), PHMSA
must consider whether rulemaking actions would have a significant
economic impact on a substantial number of small entities. This direct
final rule ensures that operators are able to use the most current
editions of technical standards incorporated by reference. PHMSA
concludes this rule does not have a significant negative economic
impact on any small entity. Based on the facts available about the
expected impact of this rulemaking, I certify, under Section 605 of the
Regulatory Flexibility Act (5 U.S.C. 605) that this rulemaking will not
have a significant economic impact on a substantial number of small
entities.
Executive Order 13175
PHMSA has analyzed this direct final rule according to Executive
Order 13175, ``Consultation and Coordination with Indian Tribal
Governments.'' Because the direct final rule does not significantly or
uniquely affect the communities of the Indian tribal governments or
impose substantial direct compliance costs, the funding and
consultation requirements of Executive Order 13175 do not apply.
Paperwork Reduction Act
This direct final rule does not impose any new information
collection requirements.
Unfunded Mandates Reform Act of 1995
This direct final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$100 million or more to either State, local, or tribal governments, in
the aggregate, or to the private sector, and is least burdensome
alternative that achieves the objective of the rulemaking.
National Environmental Policy Act
The National Environmental Policy Act of 1969 (NEPA), as amended
(42 U.S.C. 4321-4347), requires Federal agencies to consider the
consequences of major federal actions and prepare a detailed statement
on any action significantly affecting the quality of the human
environment. Since these new standards provide, at minimum, an
equivalent level of protection to the currently referenced standards,
it is unlikely that the adoption of these standards will have any
significant impacts on the environment. We welcome comment on this
conclusion.
Executive Order 13211
Transporting gas impacts the nation's available energy supply.
However, this direct final rule is not a ``significant energy action''
under Executive Order 13211. It also 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, the Administrator of the Office of Information and
Regulatory Affairs is not likely to identify this direct final rule as
a significant energy action.
Privacy Act Statement
Anyone may search the electronic form of all comments received for
any of our dockets. You may review DOT's complete Privacy Act Statement
in the Federal Register published on April 11, 2000 (65 FR 19477) or
you may visit http://dms.dot.gov.
Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 192
Pipeline safety, reporting, and recordkeeping requirements.
49 CFR Part 195
Ammonia, Carbon dioxide, Incorporation by reference, Petroleum,
Pipeline safety, and Reporting and recordkeeping requirements.
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In consideration of the foregoing, PHMSA amends 49 CFR parts 192 and
195 as follows:
PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
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1. The authority citation for part 192 continues to read as follows:
Authority: 49 U.S.C. and 5103, 60102, 60104, 60108, 60109,
60110, 60113, 60116, and 60118; and 49 CFR 1.53.
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2. In Sec. 192.7 paragraph (c)(2) the documents incorporated by
reference under B. American Petroleum Institute (API) entries (1) and
(5) are revised to read as follows:
Sec. 192.7 What documents are incorporated by reference partly or
wholly in this part?
* * * * *
(c) * * *
(2) Documents incorporated by reference.
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B. American Petroleum Institute (API):
(1) ANSI/API Specification 5L/ISO 3183 Sec. Sec. 192.55(e);
``Specification for Line Pipe'' (43rd 192.112; 192.113; Item I of
edition and errata, 2004, and 44th Appendix B.
edition, 2007).
* * * * * * *
(5) API 1104 ``Welding of Pipelines and Sec. Sec. 192.227(a);
Related Facilities'' (19th edition 192.229(c)(1); 192.241(c);
1999, including errata October 31, Item II, and Appendix B.
2001; and 20th edition 2007, including
errata 2008).
* * * * * * *
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PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
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3. The authority citation for part 195 continues to read as follows:
Authority: 49 U.S.C. and 5103, 60102, 60104, 60108, 60109,
60118; and 49 CFR 1.53.
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4. In Sec. 195.3 paragraph (c) the documents incorporated by reference
under B. American Petroleum Institute (API) entries (1) and (10) are
revised to read as follows:
[[Page 17102]]
Sec. 195.3 Incorporation by reference.
* * * * *
(c) * * *
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B. American Petroleum Institute (API): Sec. Sec. 195.106(b)(1)(i);
(1) ANSI/API Specification 5L/ISO 3183 195.106(e).
``Specification for Line Pipe'' (43rd
edition and errata, 2004; and 44th
edition, 2007).
* * * * * * *
(10) API 1104 ``Welding of Pipelines Sec. Sec. 195.222;
and Related Facilities'' (19th edition 195.228(b); 195.214(a).
1999, including errata October 31,
2001; and 20th edition 2007, including
errata 2008).
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Issued in Washington, DC, on April 6, 2009 under the authority
delegated in part 1.
Cynthia Douglass,
Acting Deputy Administrator.
[FR Doc. E9-8376 Filed 4-13-09; 8:45 am]
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