[Federal Register Volume 74, Number 122 (Friday, June 26, 2009)]
[Rules and Regulations]
[Pages 30476-30477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15045]


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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; confirmation of effective date.

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SUMMARY: The Pipeline and Hazardous Materials Safety Administration 
(PHMSA) is confirming the effective date of April 14, 2009, for the 
direct final rule that appeared in the Federal Register on April 14, 
2009. The direct final rule incorporated by reference the most recent 
editions of API Specification 5L, ``Specification for Line Pipe'' and 
API 1104, ``Welding of Pipelines and Related Facilities.''

DATES: The effective date for the direct final rule that appeared in 
the Federal Register on April 14, 2009 (74 FR 17099) is confirmed as 
April 14, 2009.

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

[[Page 30477]]

information contact John Gale by phone at (202) 366-4046.

SUPPLEMENTARY INFORMATION: 

I. Background

    In the Federal Register of April 14, 2009, PHMSA published a direct 
final rule adopting 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 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 did not eliminate the use 
of the current referenced standards but simply allowed 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 parts 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 
products 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 1970's and at that time X 60 
material was the strongest pipe available. Now X 80 is commonplace.
    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.
    The direct final rule was 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 would be published in the Federal Register withdrawing this 
direct final rule in whole or in part. PHMSA did not receive any 
adverse comments.

    Issued in Washington, DC, on June 22, 2009 under the authority 
delegated in part 1.
Jeffrey D. Wiese,
Acting Deputy Administrator.
[FR Doc. E9-15045 Filed 6-25-09; 8:45 am]
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