[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Rules and Regulations]
[Pages 62503-62506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28477]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 190, 192, 195 and 198

[Docket No. PHMSA-2009-0265; Amdt Nos. 190-15; 192-111; 195-92, 198-5)]
RIN 2137-AE51


Pipeline Safety: Editorial Amendments to the Pipeline Safety 
Regulations.

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This final rule corrects editorial errors, makes minor changes 
in the regulatory text, reflects changes in governing laws, and 
improves the clarity of certain provisions in the pipeline safety 
regulations. This rule is intended to enhance the accuracy and reduce 
misunderstandings of the specified regulations. The amendments 
contained in this rule are non-substantive changes.

DATES: Effective date: The effective date of this final rule is January 
29, 2010.

FOR FURTHER INFORMATION CONTACT: Dana Register at (202) 366-4046.

SUPPLEMENTARY INFORMATION:

I. Background

    PHMSA regularly reviews the Pipeline Safety Regulations (49 CFR 
Parts 186-199) to identify typographical errors, outdated contact 
information, or similar errors. In this final rule, we are correcting 
typographical errors; incorrect CFR references and citations; and 
clarifying certain regulatory requirements. Because these amendments do 
not impose new requirements, notice and public comment procedures are 
unnecessary.

II. Amendments Included in This Final Rule

    A. In 49 CFR 190.3, which contains definitions, we are now updating 
the location of the Eastern Regional Office to reflect a recent 
location change.
    1. In Sec.  190.3, under the definition of ``Regional Director'' we 
are correcting the Eastern Regional Office location by replacing the 
location ``Washington, DC'' with ``Trenton, NJ.''
    B. On October 17, 2008, PHMSA issued a final rule, under Docket No. 
PHMSA-2005-23447, that amended the Pipeline Safety Regulations (49 CFR 
Parts 186-199) to prescribe safety requirements for the operation of 
certain gas transmission pipelines at pressures based on higher 
operating stress levels. The rule allowed for an increase of maximum 
allowable operating pressure (MAOP) over that previously allowed in the 
regulations for pipelines that could meet certain criteria. On December 
1, 2008, PHMSA stayed the effective date of this final rule until 
December 22, 2008 (73 FR 72737).
    We are now correcting several editorial errors that we discovered 
after this final rule was published. Specifically:
    2. In Sec.  192.112, we are correcting paragraph (c)(2)(i) by 
replacing the phrase ``[the effective date of the final rule]'' with 
``December 22, 2008.''
    3. In Sec.  192.112, we are correcting paragraph (e)(2) by 
replacing the phrase ``November 17, 2008'' with ``December 22, 2008.''
    4. In Sec.  192.620, we are correcting the following paragraphs:
    (a) In paragraph (a)(1)(i), we are replacing the phrase ``November 
17, 2008'' with ``December 22, 2008'';
    (b) In footnote 1 of paragraph (a)(2)(ii), we are replacing the 
phrase ``November 17, 2008'' with ``December 22, 2008''
    (c) In paragraph (b)(3), we are adding a reference to Sec.  
192.620(d)(3) to clarify the intent with respect to remotely operable 
valves;
    (d) In paragraph (b)(7) we are replacing the phrase ``November 17, 
2008'' with ``December 22, 2008'';
    (e) In paragraph (c)(4)(ii) we are replacing the phrase ``November 
17, 2008'' with ``December 22, 2008'';
    (f) In paragraph (c)(6), we are clarifying that the construction 
requirements only apply to construction that occurred after the 
effective date of this rule, December 22, 2008;
    (g) In paragraph (d)(3)(i), we are correcting the reference from 
``(d)(1)(i)'' to ``(d)(2)(i)'';
    (h) In paragraph (d)(5)(iv), we are clarifying the language to note 
that sampling of accumulated liquids is required whenever cleaning pigs 
are used and corrosion inhibitors are required if corrosive gas or 
liquids are present;
    (i) In paragraph (d)(7)(iii), we are correcting the reference to 
``paragraph (8)'' to ``(d)(9)'' and the reference from ``(6)(i)'' to 
``(d)(7)(i)'';
    (j) In paragraph (d)(7)(iv)(C), we are correcting the reference 
from ``(d)(8)'' and ``(d)(9)'' to ``(d)(9)'' and ``(d)(10)'';
    (k) In paragraph (d)(8)(ii), we are clarifying that a close 
interval survey must be used to confirm restoration of cathodic 
protection unless the problem is a rectifier connection or power input 
remediation that can be verified by other means.
    (l) In the introductory text of (d)(9)(i), we are correcting the 
reference from ``(d)(8)(iii)'' to ``(d)(9)(iii)'';
    (m) In paragraph (d)(9)(ii), we are correcting the reference from 
``(d)(8)(iii)'' to ``(d)(9)(iii)'';
    (n) In paragraph (d)(10)(ii), we are correcting the reference from 
``(d)(9)(i)'' to ``(d)(10)(i)'';
    (o) In paragraph (d)(10)(iii), we are correcting the reference from 
``(d)(8)(iii)'' to ``(d)(9)(iii)'';
    (p) In paragraph (d)(11)(ii)(A), we are correcting the reference 
from ``(d)(8)'' to ``(d)(9)'';
    (q) In the introductory text of (d)(11)(iii), we are correcting the 
reference from ``(d)(10)(ii)'' to ``(d)(11)(ii)''; and
    (r) In paragraph (d)(11)(iv), we are correcting the reference from 
``(d)(10)(ii) or (iii)'' to ``(d)(11)(ii) or (iii).''
    C. On December 24, 2008, PHMSA issued a final rule under Docket No. 
PHMSA-2005-21305, that amended the pipeline safety regulations to allow 
operators to design pipelines made from new Polyamide-11 (PA-11) 
thermoplastic pipe using a higher design factor and to raise the design 
pressure limit for such pipelines. PHMSA believes that the current 
wording in 49 CFR 192.121 could be incorrectly interpreted to mean that 
the 0.40 design factor is not limited only to PA-11 pipe. Therefore, 
PHMSA has concluded that the formula should be clarified so that the 
0.40 design factor only applies to PA-11. Therefore, we are making the 
following clarification:

    ``= 0.40 for PA-11 pipe produced after January 23, 2009 with a 
nominal pipe size (IPS or CTS) 4-inch or less, SDR-11 or greater (i.e. 
thicker pipe wall).''

    D. In section 195.12, we are redesignating paragraph (d), entitled 
Record Retention, as paragraph (e).
    E. The laws governing pipeline safety regulation provide the 
authority for PHMSA to issue grants to states to carry out pipeline 
safety programs under certification or agreement. The Pipeline 
Inspection, Protection, Enforcement, and Safety Act of 2006 (Pub. L. 
109-468) modified 49 U.S.C. 60107 to increase the maximum allowed 
amount

[[Page 62504]]

for such grants from 50 percent to 80 percent of the costs incurred by 
states for their safety programs. Accordingly, PHMSA is modifying 49 
CFR 198.11, which implements this statutory mandate, to reflect the 
increase in the allowed maximum amount for grants.

III. Regulatory Analyses and Notices

A. Statutory Authority for Rulemaking

    This final rule is published under the authority of 49 U.S.C. 60101 
et seq. Specifically, 49 U.S.C. 60102(a) authorizes the Secretary of 
Transportation to prescribe regulations related to pipeline safety.

B. Executive Order 12866 (Amended by E.O. 13258 and E.O. 13422) and DOT 
Regulatory Policies and Procedures

    This final rule is not a significant action under section 3(f) of 
Executive Order 12866 and therefore was not reviewed by the Office of 
Management and Budget. This final rule is also not a significant action 
under the Regulatory Policies and Procedures of the Department of 
Transportation (44 FR 11034).

C. Executive Order 13132, Federalism (64 FR 43255, Aug. 10, 1999)

    PHMSA has analyzed the rulemaking according to the principles and 
criteria of Executive Order 13132. The final rule makes editorial 
corrections and therefore will 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 rule does not impose substantial 
direct compliance costs on State or local governments and therefore, 
the consultation and funding requirements of Executive Order 13132 do 
not apply.

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive order 13175 (``Consultation and 
Coordination with Indian Tribal Governments''). Because this final rule 
will not have tribal implications, does not impose substantial direct 
compliance costs on Indian tribal governments, and does not preempt 
tribal law, the funding and consultation requirements of Executive 
Order 13175 do not apply. A tribal summary impact statement is not 
required.

E. Regulatory Flexibility Act, Executive Order 13272, and DOT 
Procedures and Policies

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires an agency to review regulations to assess their impact on 
small entities unless the agency determines that a rule is not expected 
to have a significant impact on a substantial number of small entities. 
This final rule will not impose increased compliance costs on the 
regulated industry. The revisions and corrections we are making to the 
October 17, 2008, and December 24, 2008, final rules (Docket Nos. 
PHMSA-2005-23447 and PHMSA-2005-21305) are clerical and do not impose 
an additional impact on any small business. The changes we are making 
to Part 198 affect grant amounts awarded to states. Thus, DOT has 
determined that this final rule will not have a significant impact on a 
substantial number of small entities. Therefore, I certify under 
section 605 of the Regulatory Flexibility Act that this rule will not 
have a significant economic impact on a substantial number of small 
entities.
    This final rule has been developed in accordance with Executive 
Order 13272 (``Proper Consideration of Small Entities in Agency 
Rulemaking'') and DOT's procedures and policies to ensure that the 
potential impacts of rulemakings on small entities are properly 
considered.

F. Unfunded Mandates Reform Act of 1995

    This rule does not impose unfunded mandates under the Unfunded 
Mandates Reform Act of 1995 (2 U.S.C. Ch. 25). It does not result in 
costs of $132 million or more in any one year 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 
rulemaking.

G. Paperwork Reduction Act

    This final rule imposes no new information collection and 
recordkeeping requirements and therefore the Paperwork Reduction Act 
(44 U.S.C. 3501 et seq.) does not apply.

H. Executive Order 13211

    This rulemaking is not a ``significant energy action'' under 
Executive Order 13211 since it is not a ``significant regulatory 
action'' under Executive Order 12866, and it is not likely to have a 
significant adverse effect on the supply, distribution, or use of 
energy.

I. 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.

J. 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 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://www.regulations.gov.

K. The National Environmental Policy Act

    The National Environmental Policy Act (42 U.S.C. Ch. 55) requires 
that Federal agencies analyze proposed actions to determine whether the 
action will have a significant impact on the human environment. PHMSA 
has analyzed the effects of this final rule. Since this rule makes 
editorial corrections and does not impose substantive changes, PHMSA 
has determined that there are no environmental impacts associated with 
this final rule.

List of Subjects

49 CFR Part 190

    Administrative practices and procedures, Definitions, Penalties.

49 CFR Part 192

    Design pressure, Incorporation by reference, Maximum allowable 
operating pressure, and Pipeline safety.

49 CFR Part 195

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

49 CFR Part 198

    Grant programs, Formula, Pipeline safety.

0
In consideration of the foregoing, PHMSA amends 49 CFR parts 190, 192, 
195 and 198 as follows:

[[Page 62505]]

PART 190--PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES

0
1. The authority citation for part 190 continues to read as follows:

    Authority:  33 U.S.C. 1321; 49 U.S.C. 5101-5127, 60101 et seq.; 
49 CFR 1.53.

0
2. In Sec.  190.3, the definition of ``Regional Director'' is revised 
to read as follows:


Sec.  190.3  Definitions.

* * * * *
    Regional Director means the head of any one of the Regional Offices 
of the Office of Pipeline Safety, or a designee appointed by the 
Regional Director. Regional Offices are located in Trenton, NJ (Eastern 
Region); Atlanta, Georgia (Southern Region); Kansas City, Missouri 
(Central Region); Houston, Texas (Southwest Region); and Lakewood, 
Colorado (Western Region).
* * * * *

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

0
3. The authority citation for part 192 is revised to read as follows:

    Authority:  49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110, 
60113, 60116, 60118; and 60137; and 49 CFR 1.53.

0
4. In Sec.  192.112, paragraphs (c)(2)(i) and (e)(2) are revised to 
read as follows:


Sec.  192.112  Additional design requirements for steel pipe using 
alternative maximum allowable operating pressure.

    (c) * * *
    (2) * * *
    (i) An ultrasonic test of the ends and at least 35 percent of the 
surface of the plate/coil or pipe to identify imperfections that impair 
serviceability such as laminations, cracks, and inclusions. At least 95 
percent of the lengths of pipe manufactured must be tested. For all 
pipelines designed after December 22, 2008, the test must be done in 
accordance with ASTM A578/A578M Level B, or API 5L Paragraph 7.8.10 
(incorporated by reference, see Sec.  192.7) or equivalent method, and 
either
* * * * *
    (e) * * *
    (2) Pipe in operation prior to December 22, 2008, must have been 
hydrostatically tested at the mill at a test pressure corresponding to 
a hoop stress of 90 percent SMYS for 10 seconds.
* * * * *
0
5. Section 192.121 is revised to read as follows:


Sec.  192.121  Design of plastic pipe.

    Subject to the limitations of Sec.  192.123, the design pressure 
for plastic pipe is determined by either of the following formulas:
[GRAPHIC] [TIFF OMITTED] TR30NO09.008


Where:

P = Design pressure, gauge, psig (kPa).
S = For thermoplastic pipe, the HDB is 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 of 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 D.2 of PPI 
TR-3/2004, HDB/PDB/SDB/MRS Policies (incorporated by reference, see 
Sec.  192.7). For reinforced thermosetting plastic pipe, 11,000 psig 
(75,842 kPa). [Note: Arithmetic interpolation is not allowed for PA-
11 pipe.]

t = Specified wall thickness, inches (mm).
D = Specified outside diameter, inches (mm).
SDR = Standard dimension ratio, the ratio of the average specified 
outside diameter to the minimum specified wall thickness, 
corresponding to a value from a common numbering system that was 
derived from the American National Standards Institute preferred 
number series 10.
D F = 0.32 or
= 0.40 for PA-11 pipe produced after January 23, 2009 with a nominal 
pipe size (IPS or CTS) 4-inch or less, and a SDR of 11 or greater 
(i.e. thicker pipe wall).

0
6. In Sec.  192.620, paragraphs (a)(1)(i), (a)(2)(ii), (b)(3), (b)(7), 
(c)(4)(ii), (c)(6), (d)(3)(i), (d)(5)(iv), (d)(7)(iii), (d)(7)(iv)(C), 
(d)(8)(ii), the introductory text of (d)(9)(i), (d)(9)(ii), 
(d)(10)(ii), (d)(10)(iii), (d)(11)(ii)(A), the introductory text of 
(d)(11)(iii), and (d)(11)(iv), are revised to read as follows:


Sec.  192.620  Alternative maximum allowable operating pressure for 
certain steel pipelines.

    (a) * * *
    (1) * * *
    (i) For facilities installed prior to December 22, 2008, for which 
Sec.  192.111(b), (c), or (d) applies, use the following design factors 
as alternatives for the factors specified in those paragraphs: Sec.  
192.111(b)-0.67 or less; 192.111(c) and (d)-0.56 or less.
* * * * *
    (2) * * *
    (ii) The pressure obtained by dividing the pressure to which the 
pipeline segment was tested after construction by a factor determined 
in the following table:

------------------------------------------------------------------------
                                                            Alternative
                     Class location                         test factor
------------------------------------------------------------------------
1.......................................................            1.25
2.......................................................        \1\ 1.50
3.......................................................            1.50
------------------------------------------------------------------------
\1\ For Class 2 alternative maximum allowable operating pressure
  segments installed prior to December 22, 2008 the alternative test
  factor is 1.25.

    (b) * * *
    (3) A supervisory control and data acquisition system provides 
remote monitoring and control of the pipeline segment. The control 
provided must include monitoring of pressures and flows, monitoring 
compressor start-ups and shut-downs, and remote closure of valves per 
paragraph (d)(3) of this section;
* * * * *
    (7) At least 95 percent of girth welds on a segment that was 
constructed prior to December 22, 2008, must have been non-
destructively examined in accordance with Sec.  192.243(b) and (c).
* * * * *
    (c) * * *
    (4) * * *
    (ii) For a pipeline segment in existence prior to December 22, 
2008, certify, under paragraph (c)(2) of this section, that the 
strength test performed under Sec.  192.505 was conducted at test 
pressure calculated under paragraph (a) of this section, or conduct a 
new strength test in accordance with paragraph (c)(4)(i) of this 
section.
* * * * *
    (6) If the performance of a construction task associated with 
implementing alternative MAOP that occurs after December 22, 2008, can 
affect the integrity of the pipeline segment, treat that task as a 
``covered task'', notwithstanding the definition in Sec.  192.801(b) 
and implement the requirements of subpart N as appropriate.
* * * * *
    (d) * * *
    (3) * * *
    (i) Ensure that the identification of high consequence areas 
reflects the larger potential impact circle recalculated under 
paragraph (d)(2)(i) of this section.
* * * * *
    (5) * * *
* * * * *
    (iv) Use cleaning pigs and sample accumulated liquids. Use 
inhibitors

[[Page 62506]]

when corrosive gas or liquids are present.
* * * * *
    (7)
    (iii) Within six months after completing the baseline internal 
inspection required under paragraph (d)(9) of this section, integrate 
the results of the indirect assessment required under paragraph 
(d)(7)(i) of this section with the results of the baseline internal 
inspection and take any needed remedial actions.
    (iv) * * *
* * * * *
    (C) Integrate the results with those of the baseline and periodic 
assessments for integrity done under paragraphs (d)(9) and (d)(10) of 
this section.
    (8) * * *
* * * * *
    (ii) After remedial action to address a failed reading, confirm 
restoration of adequate corrosion control by a close interval survey on 
either side of the affected test station to the next test station 
unless the reason for the failed reading is determined to be a 
rectifier connection or power input problem that can be remediated and 
otherwise verified.
* * * * *
    (9) * * *
    (i) Except as provided in paragraph (d)(9)(iii) of this section, 
for a new pipeline segment operating at the new alternative maximum 
allowable operating pressure, perform a baseline internal inspection of 
the entire pipeline segment as follows:
* * * * *
    (ii) Except as provided in paragraph (d)(9)(iii) of this section, 
for an existing pipeline segment, perform a baseline internal 
assessment using a geometry tool and a high resolution magnetic flux 
tool before, but within two years prior to, raising pressure to the 
alternative maximum allowable operating pressure as allowed under this 
section.
* * * * *
    (10) * * *
* * * * *
    (ii) Conduct periodic internal inspections using a high resolution 
magnetic flux tool on the frequency determined under paragraph 
(d)(10)(i) of this section, or
    (iii) Use direct assessment (per Sec.  192.925, Sec.  192.927 and/
or Sec.  192.929) or pressure testing (per subpart J of this part) for 
periodic assessment of a portion of a segment to the extent permitted 
for a baseline assessment under paragraph (d)(9)(iii) of this section.
    (11) * * *
* * * * *
    (ii) * * *
    (A) The defect is a dent discovered during the baseline assessment 
for integrity under paragraph (d)(9) of this section and the defect 
meets the criteria for immediate repair in Sec.  192.309(b).
* * * * *
    (iii) If paragraph (d)(11)(ii) of this section does not require 
immediate repair, repair a defect within one year if any of the 
following apply:
* * * * *
    (iv) Evaluate any defect not required to be repaired under 
paragraph (d)(11)(ii) or (iii) of this section to determine its growth 
rate, set the maximum interval for repair or re-inspection, and repair 
or re-inspect within that interval.

PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

0
7. The authority citation for part 195 is amended to read as follows:

    Authority:  49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60116, 
60118, and 60137; and 49 CFR 1.53.


Sec.  195.12  [Amended]

0
8. In section 195.12, the second paragraph designated as paragraph (d), 
``Record Retention'' is redesignated as paragraph (e).

PART 198--REGULATIONS FOR GRANTS TO AID STATE PIPELINE SAFETY 
PROGRAMS

0
9. The authority citation for Part 198 continues to read as follows:

    Authority:  49 U.S.C. 60105, 60106, 60107, 60114, and 49 CFR 
1.53.

0
10. Section 198.11 is revised to read as follows:


Sec.  198.11  Grant Authority.

    The pipeline safety laws (49 U.S.C. 60101 et seq.) authorize the 
Administrator to pay out funds appropriated or otherwise make available 
up to 80 percent of the cost of the personnel, equipment, and 
activities reasonably required for each state agency to carry out a 
safety program for intrastate pipeline facilities under a certification 
or agreement with the Administrator or to act as an agent of the 
Administrator with respect to interstate pipeline facilities.

    Issued in Washington, DC on November 20, 2009 under authority 
delegated in 49 CFR part 1.
Cynthia L. Quarterman,
Administrator.
[FR Doc. E9-28477 Filed 11-27-09; 8:45 am]
BILLING CODE 4910-60-P