[Federal Register Volume 80, Number 2 (Monday, January 5, 2015)]
[Rules and Regulations]
[Pages 168-188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30336]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 192, 193, 195, 198, and 199
[Docket No. PHMSA-2011-0337; Amdt. Nos. 192-119; 193-25; 195-99; 198-6;
199-26]
RIN 2137-AE85
Pipeline Safety: Periodic Updates of Regulatory References to
Technical Standards and Miscellaneous Amendments
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: PHMSA is amending the Federal pipeline safety regulations to
incorporate by reference new, updated or reaffirmed editions of the
voluntary consensus standards that are applicable to pipelines subject
to the requirements of the Federal pipeline safety regulations. This
final rule also makes non-substantive editorial corrections clarifying
regulatory language in certain provisions. These changes are minor and
do not require pipeline operators to undertake any significant new
pipeline safety initiatives.
DATES: This final rule is effective March 6, 2015. The incorporation by
reference of certain publications listed in this final rule is approved
by the Director of the Federal Register as of March 6, 2015.
FOR FURTHER INFORMATION CONTACT:
Technical Information: Mike Israni by phone at 202-366-4571 or by
email at [email protected].
Regulatory Information: Cheryl Whetsel by phone at 202-366-4431 or
by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The National Technology Transfer and Advancement Act of 1995
(NTTAA) (Pub. L. 104-113; March 7, 1996) directs Federal agencies to
use voluntary consensus standards and design specifications developed
by voluntary consensus standard bodies instead of government-developed
voluntary technical standards when appropriate. The Office of
Management and Budget (OMB) Circular A-119, ``Federal Participation in
the Development and Use of Voluntary Consensus Standards and in
Conformity Assessment Activities,'' sets the policy for Federal use and
development of voluntary consensus standards. As defined in OMB
Circular A-119, voluntary consensus standards are technical standards
developed or adopted by domestic and international organizations. These
organizations use agreed-upon procedures to update and revise their
published standards every three to five years to reflect modern
technology and best technical practices.
The legal effect of incorporation by reference (IBR) is that the
incorporated material is treated as if it were published in full in the
Federal Register and the Code of Federal Regulations (CFR). This
material, like any other properly issued rule, has the force and effect
of law. Congress authorized incorporation by reference to reduce the
volume of material published in the Federal Register and the CFR (see 5
U.S.C. 552(a) and 1 CFR part 51). Congress granted authority to the
Director of the Federal Register to determine whether a proposed IBR
serves the public interest. Unless
[[Page 169]]
expressly provided otherwise in a regulation, if a provision of a
standard incorporated by reference conflicts with a regulation, the
regulation takes precedence.
New or updated standards often further innovation and increase the
use of new technologies, materials and management practices that
improve the safety and operations of pipelines and pipeline facilities.
Because pipeline safety regulation involves a great deal of technical
subject matter, there are 64 standards and specifications that have
long been incorporated by reference in 49 CFR part 192, Transportation
of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards;
49 CFR part 193, Liquefied Natural Gas Facilities: Federal Safety
Standards; and 49 CFR part 195, Transportation of Hazardous Liquids by
Pipeline. PHMSA regularly reviews updates to currently referenced
consensus standards as well as new editions of standards to ensure that
their content remains consistent with the intent of the pipeline safety
regulations. Previous updates to incorporate industry standards by
reference were published on August 11, 2010 (75 FR 48593), February 1,
2007 (72 FR 4657), June 9, 2006 (71 FR 33402), June 14, 2004 (69 FR
32886), February 17, 1998 (63 FR 7721), June 6, 1996 (61 FR 2877), and
May 24, 1996 (61 FR 26121). The list of publications that PHMSA has
incorporated by reference is found in 49 CFR 192.7, 193.2013, and
195.3.
PHMSA employees participate in more than 25 national voluntary
consensus standards-setting organizations that address pipeline design,
construction, maintenance, inspection and repair. Agency participation
in the development of voluntary consensus standards is important to
eliminate the necessity for development or maintenance of separate,
government-unique standards, to further national goals and objectives
such as increased use of environmentally sound and energy-efficient
materials, products, systems, services or practices and to improve
public safety. As representatives of the agency, these subject matter
experts actively participate in discussions and technical debates,
register opinions and vote in accordance with the procedures of the
standards body at each stage of the standards development process
(unless prohibited from doing so by law). However, it is important to
note that agency participation does not necessarily constitute agency
agreement with, or endorsement of, all decisions reached by such
organizations. PHMSA has the responsibility to establish regulations
and standards that ensure pipelines are operated safely and will only
adopt those portions of industry standards into the Federal regulations
that meet the agency's goals and best promote public safety.
Availability of Materials to Interested Parties
PHMSA has worked to make the materials to be incorporated by
reference reasonably available to interested parties. Section 24 of the
``Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011''
(Pub. L.112-90, January 3, 2012), amended 49 U.S.C. 60102 by adding a
new public availability requirement for documents incorporated by
reference after January 3, 2013. The law states: ``Beginning 1 year
after the date of enactment of this subsection, the Secretary may not
issue guidance or a regulation pursuant to this chapter that
incorporates by reference any documents or portions thereof unless the
documents or portions thereof are made available to the public, free of
charge, on an Internet Web site.'' This section was further amended on
August 9, 2013. The current law continues to prohibit the Secretary
from issuing a regulation that incorporates by reference any document
unless that document is available to the public, free of charge, but
removes the Internet Web site requirements (Pub. L. 113-30, August 9,
2013). The Department of Transportation has until August 9, 2015, to
comply with this provision.
Pursuant to this mandate, PHMSA has negotiated agreements with all
but two of the standards-setting organizations with standards already
incorporated by reference in the pipeline safety regulations to make
viewable copies of those standards available to the public at no cost.
The organizations having agreements are: American Petroleum Institute
(API), American Gas Association (AGA), American Society for Testing and
Materials (ASTM), Gas Technology Institute (GTI), Manufacturers
Standardization Society of the Valve and Fittings Industry, Inc. (MSS),
NACE International (NACE), and National Fire Protection Association
(NFPA). Each organization's mailing address and Web site is listed in
Parts 192, 193, and 195. PHMSA understands that the two standards
organizations that we do not have agreements with are considering
taking steps in addition to sales of the standards to achieve greater
availability.
II. Summary Review of Standards and Amendments
On August 16, 2013, PHMSA published a notice of proposed rulemaking
(NPRM) to incorporate into the pipeline safety regulations two new
standards: API RP 5LT ``Recommended Practice for Truck Transportation
of Line Pipe'' (First edition March 1, 2012); and ASTM D2513-
09a,``Standard Specification for Polyethylene (PE) Gas Pressure Pipe,
Tubing, and Fittings'' (December 1, 2009 (except section 4.2 pertaining
to rework materials) and 21 updated editions of standards currently
incorporated by reference. These standards affect gas pipelines,
liquefied natural gas facilities and hazardous liquid pipelines (Parts
192, 193, and 195, respectively). The vast majority of the updated
standard editions involve incremental changes in design, maintenance
and operation provisions as additional knowledge is gained by
stakeholders. With certain exceptions (API RP 1162, ``Public Awareness
Programs for Pipeline Operators'' (1st edition, December 2003)
discussed below, PHMSA believes that these updates are consistent with
the Federal pipeline safety mission. In addition, the adoption of API
RP 5LT addresses National Transportation Safety Board's (NTSB)
Recommendation P-04-03.
A. Standards Incorporated
This final rule accepts the following updated editions of technical
standards currently incorporated by reference in Parts 192, 193, and
195:
American Petroleum Institute
(1) API Recommended Practice 5L1, ``Recommended Practice for
Railroad Transportation of Line Pipe'' (7th edition, September 2009),
into 49 CFR 192.7, 192.65(a)(1), 195.3, 195.207(a).
[Replaces IBR: API Recommended Practice 5L1, ``Recommended Practice
for Railroad Transportation of Line Pipe'' (6th edition, 2002).]
(2) API Recommended Practice 5LT, ``Recommended Practice for Truck
Transportation of Line Pipe'' (First edition March 1, 2012), into 49
CFR 192.7, 192.65(c), 195.3, 195.207(c).
(3) API Recommended Practice 5LW, ``Transportation of Line Pipe on
Barges and Marine Vessels'' (3rd edition, September 2009), into 49 CFR
192.7, 192.65(b), 195.3, 195.207(b).
[Replaces IBR: API Recommended Practice 5LW, ``Transportation of
Line Pipe on Barges and Marine Vessels'' (2nd edition, December 1996,
effective March 1, 1997).]
(4) ANSI/API Specification 5L, ``Specification for Line Pipe''
(45th edition, December 1, 2012, effective July 1, 2013), into 49 CFR
192.7; 192.55(e); 192.112(a)(4); 192.112(b)(1)(i); 192.112(b)(1)(iii);
192.112(b)(2)(iv); 192.112(d)(1); 192.112(e)(1); 192.113;
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Item I, Appendix B to Part 192; 195.3; 195.106(b)(1)(i); 195.106(e).
[Replaces IBR: ANSI/API Specification 5L/ISO 3183, ``Specification
for Line Pipe'' (44th edition, 2007), includes errata (January 2009)
and addendum (February 2009).] (5) ANSI/API Specification 6D,
``Specification for Pipeline Valves'' (23rd edition, April 1, 2008,
effective October 1, 2008), includes Errata 1 (June 2008), Errata 2
(November 2008), Errata 3 (February 2009), Errata 4 (April 2010),
Errata 5 (November 2010), Errata 6 (August 2011), Addendum 1 (October
2009), Addendum 2 (August 2011), and Addendum 3 (October 2012) into 49
CFR 192.7; 192.145(a); 195.3, 195.116(d).
[Replaces IBR: ANSI/API Specification 6D, ``Specification for
Pipeline Valves'' (23rd edition (April 2008, effective October 1,
2008)) and Errata 3 (includes 1 and 2, February 2009).]
(6) API Specification 12F, ``Specification for Shop Welded Tanks
for Storage of Production Liquids'' (12th edition, October 2008,
effective April 1, 2009) into 49 CFR 195.3, 195.132(b)(1),
195.205(b)(2), 195.264(b)(1), 195.264(e)(1), 195.307(a), 195.565,
195.579(d).
[Replaces IBR: API Specification 12F, ``Specification for Shop
Welded Tanks for Storage of Production Liquids,'' (11th edition,
November 1, 1994, reaffirmed 2000, errata, February 2007);]
(7) API Standard 620, ``Design and Construction of Large, Welded,
Low-pressure Storage Tanks'' (11th edition, February 2008), addendum 1,
(March 2009), addendum 2 (August 2010), and addendum 3 (March 2012)
into 49 CFR 193.2013; 193.2101(b); 193.2321(b)(2); 195.3;
195.132(b)(2); 195.205(b)(2); 195.264(b)(1); 195.264(e)(3); 195.307(b);
195.565; 195.579(d).
[Replaces IBR: API Standard 620, ``Design and Construction of
Large, Welded, Low-Pressure Storage Tanks'' (11th edition, February
2008, addendum 1 March 2009).]
(8) API Standard 650, ``Welded Tanks for Oil Storage'' (11th
edition, June 2007, effective February 1, 2012), includes addendum 1
(November 2008), addendum 2 (November 2009), addendum 3 (August 2011),
and errata (October 2011) into 49 CFR 195.3; 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).
[Replaces IBR: API Standard 650, ``Welded Steel Tanks for Oil
Storage'' (11th edition, June 2007), addendum 1 (November 2008).]
(9) ANSI/API Standard 2000, ``Venting Atmospheric and Low-pressure
Storage Tanks'' (6th edition, November 2009) into 49 CFR 195.3,
195.264(e)(2), 195.264(e)(3).
[Replaces IBR: API Standard 2000, ``Venting Atmospheric and Low-
Pressure Storage Tanks Non-Refrigerated and Refrigerated'' (5th
edition, April 1998, errata, November 1999).]
American Society for Testing and Materials (ASTM)
(1) ASTM A53/A53M-10, ``Standard Specification for Pipe, Steel,
Black and Hot-Dipped, Zinc-Coated, Welded and Seamless'' (October 1,
2010), into 49 CFR 192.7; 192.113; Item 1, Appendix B to Part 192;
195.3; 195.106(e).
[Replaces IBR: ASTM A53/A53M-07, ``Standard Specification for Pipe,
Steel, Black and Hot-Dipped, Zinc-Coated Welded and Seamless''
(September 1, 2007).]
(2) ASTM A106/A106M-10, ``Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature Service'' (October 1, 2010),
into 49 CFR 192.7; 192.113; Item 1, Appendix B to Part 192; 195.3;
195.106(e).
[Replaces IBR: ASTM A106/A106M-08, ``Standard Specification for
Seamless Carbon Steel Pipe for High-Temperature Service'' (July 15,
2008).]
(3) ASTM A333/A333M-11, ``Standard Specification for Seamless and
Welded Steel Pipe for Low-Temperature Service'' (April 1, 2011), into
49 CFR 192.7; 192.113; Item 1, Appendix B to Part 192; 195.3;
195.106(e).
[Replaces IBR: ASTM A333/A333M-05, ``Standard Specification for
Seamless and Welded Steel Pipe for Low-Temperature Service'' (March 1,
2005).]
(4) ASTM A372/A372M-10, ``Standard Specification for Carbon and
Alloy Steel Forgings for Thin-Walled Pressure Vessels'' (October 1,
2010), into 49 CFR 192.7, 192.177(b)(1).
[Replaces IBR: ASTM A372/A372M-03 (reapproved), ``Standard
Specification for Carbon and Alloy Steel Forgings for Thin-Walled
Pressure Vessels'' (March 1, 2008).]
(5) ASTM A671/A671M-10, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures''
(April 1, 2010), into 49 CFR 192.7; 192.113; Item 1, Appendix B to Part
192; 195.3; 195.106(e).
[Replaces IBR: ASTM A671-06 (2006) ``Standard Specification for
Electric-Fusion-Welded Steel Pipe for Atmospheric and Lower
Temperatures'' (May 1, 2006).]
(6) ASTM A672/A672M-09, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate
Temperatures'' (October 1, 2009), into 49 CFR 192.7; 192.113; Item 1,
Appendix B to Part 192; 195.3; 195.106(e).
[Replaces IBR: ASTM A672-08, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate
Temperatures'' (May 1, 2008).]
(7) ASTM A691/A691M-09, ``Standard Specification for Carbon and
Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure Service at
High Temperatures'' (October 1, 2009), into 49 CFR 192.7; 192.113; Item
1, Appendix B to Part 192; 195.3; 195.106(e).
[Replaces IBR: ASTM A691-98 (reapproved 2007), ``Standard
Specification for Carbon and Alloy Steel Pipe, Electric-Fusion-Welded
for High-Pressure Service at High Temperatures'' (November 1, 2007).]
(8) ASTM D2513-09a, ``Standard Specification for Polyethylene (PE)
Gas Pressure Pipe, Tubing, and Fittings'' (December 1, 2009), into 49
CFR 192.7; 192.123(e); 192.191(b); 192.283(a); Item 1, Appendix B to
Part 192.
Manufacturers Standardization Society of the Valve and Fittings
Industry, Inc. (MSS)
(1) MSS SP-44-2010, Standard Practice, ``Steel Pipeline Flanges''
(2010 edition, includes Errata, May 20, 2011), into 49 CFR 192.7,
192.147(a). [Replaces IBR: MSS SP-44-2006, Standard Practice, ``Steel
Pipeline Flanges'' (2006 edition).]
(2) MSS SP-75-2008, Standard Practice, ``Specification for High-
Test, Wrought Butt-Welding Fittings'' (2009 edition), into 49 CFR
195.3, 195.118(a). [Replaces IBR: MSS SP-75-2004, ``Specification for
High Test Wrought Butt Welding Fittings'' (2004 edition).]
NACE International (NACE)
(1) ANSI/NACE Standard SP0502-2010, Standard Practice, ``Pipeline
External Corrosion Direct Assessment Methodology'' (June 24, 2010),
into 49 CFR 192.7; 192.923(b)(1); 192.925(b), (b)(1), (b)(1)(ii),
(b)(2), (b)(3), (b)(3)(ii)(A), (b)(3)(ii)(B), (b)(3)(iv), (b)(4),
(b)(4)(ii); 192.931(d); 192.935(b)(1)(iv); 192.939(a)(2); 195.3;
195.588(b)(1), (b)(2), (b)(2)(iii), (b)(3), (b)(4), (b)(4)(ii)(A),
(b)(4)(ii)(B), (b)(iv), (b)(5), (b)(5)(ii).
[Replaces IBR: NACE SP0502-2008, Standard Practice, ``Pipeline
External Corrosion Direct Assessment Methodology'' (reaffirmed March
20, 2008).]
[[Page 171]]
National Fire Protection Association (NFPA)
(1) NFPA-30 (2012), ``Flammable and Combustible Liquids Code,''
includes Errata 1, Errata 2 (2012 edition, June 20, 2011), into 49 CFR
192.7, 192.735(b), 195.3, 195.264(b)(1).
[Replaces IBR: NFPA-30, ``Flammable and Combustible Liquids Code''
(2008 edition, approved August 15, 2007).]
(2) NFPA-70 (2011), ``National Electrical Code'' (2011 edition,
approved August 5, 2010), into 49 CFR 192.7, 192.163(e), 192.189(c).
[Replaces IBR: NFPA 70 (2008), ``National Electrical Code'' (NEC 2008,
approved August 15, 2007).]
B. Standards Not Incorporated
PHMSA did not propose to incorporate by reference API Recommended
Practice (RP) 1162 (second edition, December 2010); API Standard (Std)
653 (4th edition) and Addendum (2010); or section 4.2, ``Rework
Material'' of ASTM D2513-09a, ``Standard Specification for Polyethylene
(PE) Gas Pressure Pipe, Tubing, and Fittings.'' except for PHMSA has
not incorporated these three standards because:
API RP1162-2003--This rule retains API RP 1162, ``Public
Awareness Programs for Pipeline Operators'' (1st edition, December
2003). PHMSA has decided not to incorporate the second edition at this
time because it intends to consult with state pipeline authorities
after they report on the results of their 2012 state compliance
inspections. These inspections were based on the criteria in the first
edition. A public workshop will then be conducted to discuss the
inspection data and best practices.
API Std 653-2001--This rule retains API Std 653-2001,
``Tank Inspection, Repair, Alteration, and Reconstruction'' (3rd
edition, December 2001), with the exception of section 6.4.3,
``Alternative Internal Inspection Interval.'' PHMSA has decided to
exclude section 6.4.3 because of concerns that the risk-based
inspection (RBI) procedures described in section 6.4.3 of the standard
do not require adequate or consistent assessment factors for
establishing an alternate internal inspection interval. First, the
standard states that an operator ``should'' consider certain factors in
making an RBI assessment of a tank, but it does not make such
consideration mandatory. Second, the RBI procedures described in
section 6.4.3 would allow operators to establish minimum bottom plate
thicknesses less than the minimum values referenced in table 6-1,
``Bottom Plate Minimum Thickness,'' and section 4.4.5.4, ``Minimum
Thickness for Tank Bottom Plate.'' Third, the procedures may also
increase or decrease the 20-year inspection interval described in
6.4.2.1, ``Internal Intervals.'' PHMSA does not agree with allowing
such a lengthy interval between inspections.
Under this rule, any operator who previously established an
alternate internal inspection interval using the procedures in section
6.4.3 must reestablish such intervals based on section 6.4.2,
``Inspection Intervals,'' of API Std 653-2001 within 2 years from the
date of this final rule.
ASTM D2513-09a--PHMSA will incorporate ASTM D2513-09a,
``Standard Specification for Polyethylene (PE) Gas Pressure Pipe,
Tubing, and Fittings,'' except section 4.2, ``Rework Material.''
Section 4.2 states: ``Clean rework material of the same commercial
designation, generated from the manufacturer's own pipe and fitting
production shall not be used unless the pipe and fitting produced meets
all the requirements of this specification. The use of these rework
materials shall be governed by the requirements of section 4.3 and
Plastic Pipe Institute (PPI) Technical Note TN-30/2006.''
Currently, rework materials are limited to a maximum of 30 percent
by weight. One of the main steps of plastic pipe manufacturing includes
an extrusion process, where raw or virgin material (usually supplied in
the form of pellets) is heated, melted, mixed and conveyed into a die
and shaped into a pipe. Rework (also known as regrind) is a process by
which plastic pipe that does not fall within acceptable specifications
following the extrusion process can be reused if it meets the
requirements of Section 4.2, including requirements in PPI TN-30/2006.
Requirements in PPI TN-30/2006 include reducing the size of the
material through appropriate stages (i.e. regrinding the material) to
an equivalent size to the raw virgin pellet material and avoiding
contamination. The ground up material is then mixed back in with a
portion of raw pellet material prior to going back through the
extrusion process. Despite these requirements, PHMSA believes
prohibiting the use of rework material is the only way to ensure the
materials used by operators are not contaminated during the
manufacturing process. This topic received a number of comments and was
discussed in detail at the advisory committee meetings. Information
about these comments is provided in Section IV.
During the drafting process of this final rule, the Federal
Register advised that PHMSA would not be allowed to include an
exception clause to the list of standards in the centralized listing as
PHMSA had discussed in the NPRM and at the advisory committee meeting.
Instead, revisions are noted in each of the affected sections to
accommodate the incorporation of ASTM D2513-09a for PE pipe and the
continued incorporation of ASTM D2513-87 and ASTM D2513-99 for non-PE
plastic pipe. The revisions are summarized below:
[cir] In Sec. 192.7, PHMSA is adding ASTM D2513-09a to the listing
of documents incorporated by reference.
[cir] In Sec. 192.59, PHMSA is adding a new paragraph (d) to
specify that PHMSA will prohibit rework for all plastic pipe
manufactured after the effective date of this final rule and used in
pipeline systems subject to Part 192.
[cir] In Sec. 192.63(a)(1), PHMSA is clarifying that ASTM D2513-87
applies to plastic pipe and fittings made of materials other than
polyethylene.
[cir] In Sec. 192.123(e)(2), PHMSA is including verbiage to
indicate that ASTM D2513-09a pertains to PE pipe only.
[cir] In Sec. 192.191, PHMSA is clarifying that ASTM D2513-99 is
applicable to plastic materials other than polyethylene and is adding a
reference to ASTM D2513-09a applicable to PE materials only.
[cir] In Sec. 192.283(a)(1)(i), PHMSA is clarifying that ASTM
D2513-99 is applicable to plastic materials other than polyethylene and
is adding a reference to ASTM D2513-09a applicable to polyethylene
plastic (PE) materials only.
[cir] In Part 192, Appendix B, Section 1, PHMSA is adding ASTM
D2513-09a to the list of pipe specifications.
C. Editorial Corrections and Clarifications
This final rule is also making several non-substantive editorial
amendments to Parts 192, 193, and 195, and 198. The final rule:
Changes the ``Centralized IBR Sections'' from a table
format to a listing.
Adds abbreviated titles to the list of standards to be
incorporated in Sec. Sec. 192.7, 193.2013, and 195.3.
Revises current titles to abbreviated titles.
Corrects the reference to the Gas Technology Institute
(GTI) research document (formerly the Gas Research Institute (GRI))
document number from GRI-89/0242 to GTI-04/0049.
[[Page 172]]
Removes an incorrect reference to ASME Boiler & Pressure
Code, Section VII, Division 2 in Sec. 193.2321.
Inserts the year of certain standards where more than one
edition may be applied.
Inserts the notation ``Incorporated by Reference'' in the
regulation text if not included previously.
In addition, the following technical corrections and changes are
being made to specific sections as follows:
Section 192.283(a)(1)(i) currently states ``or par. 8.9
(Sustained Static Pressure Test)''. This sentence has been deleted
because PHMSA believes the reference is an error. Paragraph 8.9 does
not exist in current edition of ASTM D2513-99 nor does it appear in
several other versions of this referenced standard. PHMSA's staff
researched several editions of ASTM D2513, the pipeline safety
regulations and Federal Register notices to determine if the paragraph
may have been associated with a different standard but found no
reference to paragraph 8.9. Furthermore, PHMSA is clarifying that ASTM
D2513-09a is for PE pipe only as this section pertains to both PE
manufactured to ASTM D2513-09a and non-PE plastic manufactured to ASTM
D2513-99. The resulting language will read, ``In the case of
thermoplastic pipe, paragraph 6.6 (Sustained Pressure Test) or
paragraph 6.7 (Minimum Hydrostatic Burst Test) of ASTM D2513-99 for
plastic materials other than polyethylene or ASTM D2513-09a for
polyethylene plastic materials (incorporated by reference, see Sec.
192.7).''
Section 195.264(b)(1)(i) and (ii) reference section
numbers from an earlier edition of NFPA-30 previously incorporated by
reference. The section references are changed to reflect the current
edition section numbers from NFPA-30 (2012). The new section numbers
are 22.11.1 and 22.11.2.
Section 195.432(b) states that operators must inspect the
physical integrity of in-service atmospheric and low pressure steel
aboveground breakout tanks in accordance with API Standard 653. PHMSA
is amending this section by disallowing the use of the procedures in
section 6.4.3, Alternative Internal Inspection Interval, of API
Standard 653. This final rule also provides instruction to operators
who previously calculated alternative internal inspection intervals
using the guidance in section 6.4.3 of API Std 653.
Section 195.452(l) states that an operator must maintain
certain records for review during an integrity management (IM)
inspection. In this rule, PHMSA is establishing that operators must
maintain their IM records for the useful life of the pipe.
Section 198.37(f) states operators of underground pipeline
facilities participating in one-call facility notification systems must
be required to respond in the manner prescribed in Sec. 192.614(b)(4)
through (b)(6). This section is changed to reflect the correct
references from Sec. 192.614(b)(4) through (b)(6) to Sec.
192.614(c)(4) through (c)(6).
Section 199.111 contains conflicting requirements as those
stated in 49 CFR part 40 causing confusion for both the covered
employee and the operator who must comply with this section and with
Part 40. For example, in Part 40, it is the responsibility of the
medical review officer (MRO) to select the laboratory to which the
split sample should be sent however in Sec. 199.111 the specimen donor
(i.e., the covered employee), and not the MRO, selects the testing
laboratory to which his/her split specimen should be sent for
corroborating evaluation. Another discrepancy between the regulations
deals with whether the same laboratory can retest a split specimen. In
order to eliminate these conflicts, PHMSA is removing section Sec.
199.111. Operators are to follow the requirements in Part 40.
III. Advisory Committees Actions
On December 17, 2013, and February 25, 2014, PHMSA conducted
meetings of the Technical Pipeline Safety Standards Committee (TPSSC)
and the Technical Hazardous Liquid Pipeline Safety Standards Committee
(THLPSSC) to discuss the NPRM and its regulatory evaluation. These
statutorily-mandated committees advise PHMSA on the technical
feasibility, reasonableness, and cost-effectiveness of its proposed
regulations. At the December meeting, in accordance with 49 U.S.C.
60102(b)(2)(G), each of the committees voted in favor of adopting all
of the proposed standards to be incorporated, but there were additional
comments and questions about rework and the impact of PHMSA's proposal
to incorporate ASTM D2513-09a with the exception of section 4.2,
``Rework Material.'' Members were particularly interested in learning
more about the manufacturing process and potential contamination during
the extrusion process, and in soliciting additional information and
opinions from industry experts.
On February 25, 2014, the committees met again. PHMSA presented
more information on the topic of rework and regrind issues.
Additionally, a panel of experts, including representatives from the
National Association of Pipeline Safety Representatives (NAPSR), the
AGA, the PPI, and an independent consultant heavily involved with ASTM
standards development, provided their perspectives on the topic. All
representatives, with the exception of the PPI representative,
supported the PHMSA proposal. The PPI suggested an alternative that
would limit the use of rework to pipe larger than 2 inches in diameter.
Additional comments from the panelists are provided in Section IV of
this document.
In February, the TPSSC voted unanimously to recommend that the
NPRM, excluding rework issues, was technically feasible, reasonable,
practicable, and cost-effective. Prohibiting rework does not affect the
liquid industry.
Transcripts from the committee meetings are available in the docket
for this rulemaking and in the advisory committees' meeting dockets.
IV. Summary of Comments
PHMSA received comments from nine organizations in response to the
NPRM, including: MSS; API; NFPA; Pipeline Plastics, LLC; Southwest Gas
Corporation; Chevron Phillips Chemical Company; PPI; and AGA.
At the two advisory committee meetings, comments were also received
from the organizations mentioned above, members of the TPSSC and the
THLPSSC and from representatives of the Virginia State Corporation
Commission and NAPSR. Their comments are summarized below.
A. Miscellaneous Changes
MSS recommended that PHMSA incorporate by reference the 2011 errata
to MSS SP-44-2010, Standard Practice, ``Steel Pipeline Flanges.'' PHMSA
agrees with this comment and will include the errata, which contains a
minor correction to Table C4 of the standard that corrects the number
of bolt holes from 28 to 32 for 42-inch-diameter pipe.
The NFPA representative and a PHMSA staff member noted that in
existing Sec. 195.264(b)(1)(i) and (ii), the section references to the
standard incorporated by reference, (i.e., NFPA-30 (2012 edition)),
were incorrect. Therefore, the section references will change from
section 4.3.2.3.2 to section 22.11.1.
The API provided comments on incorporating standards, some of which
had not been finalized until after the NPRM was published, and others
that were outside the scope of this notice, including: API Std 653, API
RP 1162, API RP 1164, and NFPA-70.
[[Page 173]]
B. Comments and Discussion on Rework and Incorporating ASTM D 2513-87,
-99, -09a, ``Specifications for Thermoplastic Gas Pressure Pipe, Tubing
and Fittings'' (except section 4.2, ``Rework Materials)
ASTM D2513-87 and -99--The Southwest Gas Corporation
recommended that PHMSA eliminate the incorporation by reference of ASTM
D2513-87, ``Standard Specification for Thermoplastic Gas Pressure Pipe,
Tubing, and Fittings'' (for non-polyethylene plastic materials only) in
Sec. Sec. 192.7 and 192.63(a)(1) for marking only, in favor of
incorporating the 1999 edition of the standard. Southwest indicated
that the reference to the 1987 edition was introduced in an earlier
amendment to the code at the same time ASTM D1990c was incorporated as
an update to the 1987 version. Southwest Gas believed the 1990c version
did not require operators to identify certain temperature ratings for
fittings, so the 1987 version was retained. With the release of the
1999 edition, the temperature-marking requirement for fittings was
restored, so Southwest Gas believed it would be a more appropriate
version to use for marking as well.
PHMSA staff recalled that the 1990c edition did not require
fittings that were intended for use at elevated temperatures to be
marked to identify certain temperature ratings, a requirement that
PHMSA believed was beneficial. Therefore, the 1987 edition continued to
be referenced for the purpose of marking thermoplastic fittings. With
the release of the 1999 edition, however, the marking intervals were
increased from 2 feet to 5 feet. PHMSA has decided to retain the 1987
version of ASTM D2513 for purposes of marking of non-polyethylene
plastic materials because it requires operators to mark pipe and tubing
at intervals of not more than 2 feet. PHMSA prefers this more stringent
requirement because the less spacing there is between markings along a
pipe, the easier it is to identify the pipe during excavation. A
smaller interval also helps reduce the size of the ditch/hole needed
for excavation. The more stringent requirement is also present in the
2009a version of ASTM D2513 for polyethylene pipe and fittings, so ASTM
D2513-09a will be IBR for purposes of marking PE materials only.
PHMSA has revised Sec. 192.63(a)(1) to clarify that ASTM D2513-87
would continue to apply to the marking of non-PE materials. A specific
reference to ASTM D2513-09a is not needed in 192.63(a)(1) to address
marking for PE materials because (1) it is already listed in Appendix B
to Part 192, and (2) other language in Sec. 192.63(a)(1) already
requires each valve, fitting, length of pipe and other component to be
marked as prescribed in the specification or standard to which it was
manufactured.
ASTM D 2513-09a (except section 4.2, ``Rework
Materials'')--The following entities provided comments on the
incorporation of ASTM D2513-09a and the proposal to exclude the use of
rework materials: AGA; Pipeline Plastics, LLC; PPI and Chevron Phillips
Chemical Company. All of these organizations were in favor of
incorporating ASTM D2513-09a for PE pipe, but had varying comments on
the exclusion of rework materials.
The AGA provided comments to the docket based on input from its
Plastic Materials Committee (PMC), which includes operators and plastic
pipe manufacturers. Based on discussions within the PMC, the AGA
suggested an alternative based on pipe diameter, whereby no rework
material would be allowed for pipe 2 inches Iron Pipe Size (IPS) and
below in diameter and the requirements in ASTM D2513-09a, section 4.2
would be acceptable for pipe larger than 2 inches IPS in diameter.
The AGA contended that to the extent there are material issues with
rework, it is reasonable to believe that the risks are greater with
smaller-diameter, thinner-wall pipe, specifically, pipe smaller than 2
inches in diameter. According to AGA, many operators have used the 2-
inch diameter as a threshold for prohibiting the use of rework, while
others require virgin plastic for all their piping. The AGA suggested
that establishing the 2-inch diameter threshold could be a reasonable
step as operators and manufacturers continue to seek consensus and
discuss the issue within the PMC and with PHMSA.
At the February advisory committee meetings, a member of the TPSSC
and a gas operator provided comments on behalf of AGA indicating that,
while in previous comments to the docket, the organization had
recommended PHMSA adopt an alternative that rework only be allowed for
pipe greater than 2 inches in diameter, it now recognized that some of
its members now believed there were continued safety concerns with the
use of reworked pipe and, in an effort to move forward, the AGA
supported the adoption of ASTM D2513-09a without rework. The PPI, a
major trade association representing all segments of the plastics pipe
industry, and Pipeline Plastics, LLC, a major manufacturer of
polyethylene pipe, opposed the exclusion of rework and recommended that
ASTM D2513-09a be incorporated in its entirety. These two organizations
referred to the Operations Technology Development, NFP \1\ (OTD)
company's research Project No. 2.ff (summary version) titled
``Evaluation for Impact of Rework'' which was referenced in the 2009
standard and PPI Technical Note 30 (TN-30), which concluded that the
proper handling and use of rework does not have a negative effect on
any of the three performance parameters for PE gas pipe. Therefore,
these organizations believe adhering to the 2009 standard and PPI TN-
30, which provides guidance for manufacturers and end-users on the safe
and proper use of rework, would adequately address rework.
---------------------------------------------------------------------------
\1\ Operations Technology Development (OTD) is a not-for-profit
corporation led by 22 members who serve over 28 million natural gas
consumers in 27 states and Canada. OTD develops advanced
technologies for the natural gas industry; U.S. utilities combined
interests, expertise, and resources into focused Research &
Development projects.
---------------------------------------------------------------------------
The PPI and Pipeline Plastics, LLC also contended there could be
environmental and cost impacts associated with prohibiting rework.
These organizations stated that if rework were prohibited, additional
unused plastic could be put in landfills. They also indicated that the
unused plastic could be used for other plastic processing operations,
such as blow molding.
The PPI estimated that using PE scrap in blow molding rather than
regrind in pipe production could potentially increase PE pipe
manufacturer costs by $1 million to $3 million annually. This estimate
is based on 2013 PPI resin usage (est. 200,000,000 lbs. used in gas
distribution pipe production), current market resin pricing data (price
differential of $0.10 to $0.15 per pound between pipe grade and blow
mold grade resins), and an estimated 5 to 10 percent scrap generation
from extrusion.
At the February joint advisory committee meeting, a manufacturer
representing PPI raised similar concerns to those raised during the
comment period. The following concerns were presented.
[cir] Cost of gas distribution pipe. The PPI felt that there is no
other market in North America for medium-density polyethylene pipe
other than gas distribution, the majority of which uses medium density
pipe. The PPI stated that all other polyethylene markets use high-
density pipe. Therefore, if reworked pipe is not allowed, the cost of
the medium-density pipe would be discounted to a non-pressure pipe or
commodity product price. This could cause manufacturers to see an
inherent loss in value based on scrap levels.
[[Page 174]]
Some manufacturers felt the estimated $1 million to $3 million cost
impact was low because there is no true alternative market to sell pipe
that can't be used for gas transportation. It would not be worth
regrinding pipe, transferring that material to another facility and
manufacturing something else. The PPI admitted it couldn't share more
detailed costs due to anti-trust concerns and, therefore, was unable to
give a true number.
[cir] Eliminating rework won't result in better-quality pipe. PPI
expressed the view that eliminating rework won't necessarily result in
better-quality pipe and rework doesn't address other sources of
contamination. In the PPI's opinion, rework pressures operators and
manufacturers to minimize scrap. The PPI also felt there was no true
way to test a pipe later to determine whether or not it was
manufactured with rework material. If operators required no rework in
their specifications, it would be difficult to trace and audit.
[cir] Oil and gas gathering lines. The PPI indicated it had several
members whose pipelines had previously been unregulated but which had
now became regulated due to encroaching development. To protect
themselves, midstream users are requiring pipe for oil and gas
gathering lines to meet ASTM D2513. If rework is not allowed, midstream
users will also have to comply. The industry is concerned if reworked
pipe is not allowed for oil and gas gathering lines, which is almost
half of the total pressure pipe market, there would be an even larger
cost impact. Based on their concerns, the PPI suggested an alternative
to only prohibit rework in pipes larger than 2 inches in diameter.
Dura-Line, a pipeline manufacture, stated that their company has
been rework-free for a full year and that they instead supported the
AGA's position to not allow rework. The statement was made for the
record that its position was not unanimous among its membership.
Another member of the public stated that while the vote at the PPI
was not unanimous, the PPI has a consensus process to follow, and it
was the decision of their Energy Piping Systems Committee to move this
issue forward in the manner they did. This individual urged support of
the PPI recommendation.
Chevron Phillips preferred incorporating ASTM D2513-09a in its
entirety but suggested if additional limitations were to be adopted, it
would recommend adopting sizing restrictions, such as limiting the use
of rework to pipes with wall thicknesses greater than 0.170 inches.
They also suggested there could be additional costs associated with
prohibiting rework. According to Chevron Phillips, PE gas pipe resins
are specifically tailored through processing and additives to yield the
highest quality pipe and fitting products. If the rework materials from
these products cannot be used in the manufacture of gas pipes, they
will be less valuable in alternate products. According to Chevron
Phillips, the cost of the raw material is by far the largest
contributor to the overall cost of the pipe or fittings, and an
increased cost would have to be passed on to the utilities and
consumers, which will affect the competitive position of PE gas pipe.
An independent expert discussed his experience with both operators
and the standards developing committees, and the extent to which other
countries allow rework. He stated that Canada is considering not
allowing rework in the Canadian Standards Association (CSA) B137.4,
which is the standard similar to ASTM D2513 for polyethylene gas pipe.
He also reported that rework is not allowed in France, the Netherlands,
Belgium and Korea. The United Kingdom requires that either no rework
material be used, or, if it is used, the pipe must be 100 percent
reworked material (not a combination). He also acknowledged the ongoing
work in ASTM to develop a standard for the proper use of rework and a
recent revision to PPI TN-30, both of which he acknowledged are good
documents. However, in his opinion, these documents mainly provide good
recommendations for material handling. He believed the only true
guaranteed means to prevent contamination from rework is not to allow
rework in ASTM D2513-09a. He noted that although he is a member of the
PPI, he was not in support of the group's position and recommended the
advisory committees support the PHMSA proposal regarding adoption of
ASTM D2513-09a, with the exception of rework.
An individual from the Virginia State Corporation Commission
(speaking on behalf of himself) stated that he had conducted research
on the use of rework in the U.S. and in other parts of the world. He
expressed concern that PPI TN-30 provides no guidance on cleaning, the
verification process, or testing requirements prior to regrind material
use, which does not assure that reground material is free from
contamination. He also stated that using magnets to attract certain
materials is not reliable, as magnets do not attract particles
including non-ferrous materials, brass, aluminum and dust. He stated
that some pipe might also sit for periods of time with the manufacturer
and become oxidized, which causes harm to pipe material. Such oxidized
pipe may then be ground up and introduced into the rework process. He
added that rework is not allowed for pipe built to American Association
of State of Highway Transportation Officials' standards, and that ASTM
is currently working on a standard, ASTM WK-37322, where they are
looking to the possibility of eliminating the use of rework entirely.
C. Advisory Committees--Action/Q & A
A member from the Iowa Utilities Board asked why some operators
require virgin plastic materials while others use the 2-inch measure as
explained by AGA. PHMSA explained that the use of virgin plastic or the
2-inch measure is determined on an operator-by-operator basis. A member
of the gas committee, representing industry, stated that National Grid
uses only virgin material plastic. The selection and use of the
material is decided by their materials engineering manager who bases
his decision on experience, examination of pipe tested in their lab,
and field work. Ultimately, the materials engineering manager was more
comfortable with using virgin material.
A member of the liquid committee, representing the Virginia State
Corporation Commission, stated that from his experience, companies in
Virginia recognize that using virgin materials may not be the real
issue at all. Instead, there is more of a concern that there is
opportunity for pipe material to be contaminated during the
manufacturing process. The plastic pipe manufacturing process is an
area where there are few standards.
A member of the gas committee, representing the public from
Hartford Steam Boiler, asked how PHMSA would control the implementation
of a standard that banned the use of rework but where the pipe was
marked as meeting specifications and the industry specification
permitted rework material. PHMSA replied that, from a regulatory
standpoint, the IBR of ASTM D2513-09a would have a caveat stating the
exception to section 4.2 (addressing rework). In addition, a
documentation system to trace raw material is required under section
4.3. Therefore, both manufacturers and operators would need to keep
adequate records. The ultimate responsibility for verifying the type of
pipe actually used would rest with the operator.
A member of the liquid committee provided comments on behalf of
NAPSR, stating that the PHMSA presentation adequately described NAPSR's
concerns. The member stated
[[Page 175]]
that NAPSR feels the ratepayers pay for good pipe that's made of virgin
material and should last not just a few years, but, if constructed
properly, for the next 100 years. With that, NAPSR was opposed to any
use of rework for construction of plastic pipe for gas.
D. PHMSA Position on Rework
At the February advisory committee meetings, a PHMSA staff member
provided more background information on rework and described the
differences in the three versions of the standards proposed. He also
presented additional technical and field perspective on issues
surrounding rework itself, as well as applicable requirements or
guidance found in ASTM D2513-09a and PPI TN-30. Among the new technical
information presented, the PHMSA staff member provided information from
several other reports: ``Analysis of Microscopic Leaks in Polyethylene
Gas Distribution Piping'' by Electric Power Research Institute (EPRI);
``Electrochemical Treeing in Cable'' by Phelps Dodge Cable and Wire
Company (January 1978); and ``Deterioration of Water Immersed
Polyethylene-Coated Wire by Treeing'' by Takao Miyashita (IEEE Member)
(March 1971).
These reports indicated that rework could potentially be an issue
of concern, particularly through breakdown of dielectric properties,
the development of pinhole leaks, and static discharge. The PHMSA staff
member restated several of the technical issues referenced in the OTD
report, ``Evaluation of Impact of Rework,'' mentioned by several
commenters and indicating that rework was not an issue. The PHMSA staff
member did acknowledge that none of the reports mentioned thus far was
definitive, one way or another. The PHMSA staff member presented
information on the extent to which other countries and industries allow
rework. Previous comments from manufacturers indicated no other country
or industry prohibits rework, and the U.S. (through PHMSA) would be the
first to do so. In the United States, the nuclear industry does not
allow scrap or regrind material per Code Case N-755. While the Code
Case is not directly incorporated under Title 10, in part because
plastic is newer to the nuclear industry and there may be some other
issues with the Code Case, anyone who wants to use plastic instead of
steel in the nuclear industry needs to present technical information to
justify the use of plastic. It is typically expected that anyone who
wants to use plastic pipe must comply with N-755, including not
allowing the use of regrind material.
The electric industry has also experienced poor performance on
insulation materials and effects from contamination and has developed
better standards and quality-control procedures. A listing of
references to additional reports was provided and is available on the
meeting Web site and on the docket. For other countries, the PHMSA
staff member noted that Canada is considering prohibiting rework
through a standard being developed by the CSA. The PHMSA staff member
also understood many foreign operators do not allow rework.
After reviewing the comments and materials provided, PHMSA is not
convinced there is adequate justification to allow rework materials
(section 4.2 of ASTM D2513-09a) for PE pipe at this time. PHMSA
believes commenters did not make it clear how incorporating the
standard in its entirety for all PE piping would provide an equivalent
level of safety or better. It appears there is more evidence indicating
that the exclusion of rework would provide increased safety for
operators due to the concern of contamination of the materials during
the manufacturing process and, therefore, contaminating the new pipe.
Comments received concerning potential costs associated with
prohibiting rework entirely may not have taken all relevant factors
into account (e.g., how many operators are actually allowing rework
materials). PHMSA believes the commenters may have also overestimated
the cost impact on manufacturers because the results appear to be based
on the assumptions that rework is currently allowed by all pipeline
operators. PHMSA has learned however, from comments made by the AGA,
NAPSR, and an advisory committee industry member that some operators
currently prohibit rework for piping under a certain diameter, with
many operators already requiring the use of virgin plastic pipe only.
The available data based on industry-wide practices and action costs
does not appear to indicate a significant increase in costs to
manufacturers or operators.
If some additional costs are incurred to improve quality control
and assurance processes, PHMSA believes any improvements in
manufacturing quality assurance/quality control are likely to be
outweighed by the benefits for pipeline safety.
Some commenters stated reworked material is sometimes used for
alternative purposes such as blow molding. The PPI suggested there is
no other market for medium-density PE pipe other than gas distribution.
PHMSA believes additional guidance on manufacturing procedures
could possibly reduce the amount of scrap used for rework material. The
ASTM is currently developing a standard for the proper use of rework,
and a recent revision to PPI TN-30 provides good recommendations for
materials handling.
While PPI's concerns related to oil and gas gathering lines may
have some validity, and there may be a time when more oil and gas
gathering lines could become regulated, any such discussions are
outside the scope of this rulemaking. PHMSA does, however, commit to
engage with the manufacturers and other relevant stakeholders when
discussing the use of plastic materials in oil and gas gathering lines.
PHMSA stands by its original proposal to incorporate ASTM D2513-09a
for PE pipe and continue to reference ASTM D2513-99 for non-PE plastic
pipe but prohibit the use of rework material. PHMSA will also continue
to reference ASTM D2513-87 for marking only of non-PE plastic pipe.
V. Public Availability of Standards
All incorporated by reference documents addressed in this rule are
available for visual inspection, as required by Section 24 of Public
Law 112-90, January 3, 2012, and amended 49 U.S.C. 60102 on January 3,
2013 at the following locations:
--The U.S. Department of Transportation, Pipeline and Hazardous
Materials Safety Administration, Office of Pipeline Safety, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001 or any of PHMSA's five
regional offices (addresses available at: http://www.phmsa.dot.gov/pipeline/about/org);
--The National Archives and Records Administration (NARA), Office of
the Federal Register (NF), 8601 Adelphi Road, College Park, MD 20740-
6001. 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">http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html; and
--The respective standards developing organizations (SDO) listed in
Parts 192, 193, and 195. If you want to view the standards for free or
purchase copies of the standards incorporated by reference, they are
available from each of the SDOs listed above and may also be available
on the open market. With this rule, the SDO Web sites have been added
to the listing of documents incorporated by reference in each part.
[[Page 176]]
VI. Regulatory Analyses and Notices
A. Summary/Legal Authority for This Rulemaking
This final rule is published under the authority of the Federal
pipeline safety law (49 U.S.C. 60101 et seq.). Section 60102 authorizes
the Secretary of Transportation to issue regulations governing the
design, installation, inspection, emergency plans and procedures,
testing, construction, extension, operation, replacement, and
maintenance of pipeline facilities. Further, Section 60102(l) of the
Federal pipeline safety law states that the Secretary shall, to the
extent appropriate and practicable, update incorporated industry
standards that have been adopted as a part of the Federal pipeline
safety regulations. This final rule incorporates by reference two new
editions (one partially incorporated) and 21 updated standards of those
currently-referenced standards (wholly or in part). In addition, this
final rule makes several other miscellaneous and editorial changes to
the pipeline safety regulations.
B. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures
This final rule is not considered 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 (OMB). This final rule is considered non-significant under the
Regulatory Policies and Procedures of the Department of Transportation
(44 FR 11034).
In accordance with the National Technology and Advancement Act of
1995 (``the Act'') and OMB Circular A-119, ``Federal Participation in
the Development and Use of Voluntary Consensus Standards and in
Conformity Assessment Activities,'' PHMSA constantly reviews new
editions and revisions to relevant standards and publishes a proposed
rule every 2 years to incorporate by reference new or updated consensus
standards. This practice is consistent with the intent of the Act and
OMB directives to avoid the need for developing government-written
standards that could potentially result in regulatory conflicts with
updated standards and an increased compliance burden on industry. In
this final rule, PHMSA also incorporates by reference two new
standards, API RP 5LT and ASTM D2513-09a (excluding section 4.2--Rework
Material), and updates 21 currently referenced standards and
specifications in 49 CFR parts 192, 193, and 195.
According to the annual reports pipeline operators submit to PHMSA,
there are over 2,370 entities operating hazardous liquid, natural gas
transmission, gathering, distribution systems, and liquefied natural
gas facilities as of December 31, 2011. The amendments in this rule
should enhance safety and reduce the compliance burden on the regulated
industry.
PHMSA estimates the costs of incorporating these standards to be
negligible and the net benefits to be high. In fact, industry standards
developed and adopted by consensus are largely accepted and followed by
the pipeline industry, which assures that the industry is not forced to
comply with a number of different standards to accomplish the same
safety goal. The majority of pipeline operators already purchase and
apply industry standards as part of common business practice.
In addition to incorporating new and updating existing voluntary
consensus standards, PHMSA is making non-substantive edits and
clarifying regulatory language in certain provisions. Since these
editorial changes are relatively minor, this rule would not require
pipeline operators to undertake significant new pipeline safety
initiatives and would have negligible cost implications. The non-
substantive changes will increase the clarity of the pipeline safety
regulations, and help improve compliance, and improve the safety of the
nation's pipeline systems.
Executive Order 13563 is supplemental to and reaffirms the
principles, structures, and definitions governing regulatory review
that were established in Executive Order 12866, Regulatory Planning and
Review, of September 30, 1993. Additionally, Executive Order 13563
specifically requires agencies to: (1) Involve the public in the
regulatory process; (2) promote simplification and harmonization
through interagency coordination; (3) identify and consider regulatory
approaches that reduce burden and maintain flexibility; (4) ensure the
objectivity of any scientific or technological information used to
support regulatory action; and (5) consider how to best promote
retrospective analysis to modify, streamline, expand, or repeal
existing rules that are outmoded, ineffective, insufficient, or
excessively burdensome.
When developing this rule, PHMSA involved the public in the
regulatory process in a variety of ways. Specifically, PHMSA addressed
issues and errors that were identified and tagged for future rulemaking
consideration in letters from the regulated community and through
meetings and correspondence with stakeholders. PHMSA considered public
comments based on the proposals in the NPRM, addressed those comments
in the docket, and discussed the proposals with the members of its two
advisory committees and public representatives in attendance.
These standards are expected to produce a safety benefit derived
from new requirements with minimal additional costs.
C. Executive Order 13132
PHMSA analyzed this final rule in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). The
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 final rule does not impose substantial direct
compliance costs on state and local governments nor will it preempt
state law for intrastate pipelines. Therefore, the consultation and
funding requirements of Executive Order 13132 do not apply.
D. Executive Order 13175
PHMSA analyzed the final rule according to Executive Order 13175,
``Consultation and Coordination with Indian Tribal Governments.''
Because the 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.
E. Regulatory Flexibility Act, Executive Order 13272 and DOT Procedures
and Policies
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), requires an
agency to review regulations to assess their impact on small entities,
unless the agency determines the rule is not expected to have a
significant impact on a substantial number of small entities. An
example of a small business may include technical experts from a
publicly owned natural gas local distribution company.
Technical committees that develop codes and standards are, for the
most part, comprised of experts representing the various facets of a
given industry, such as manufacturers, installers, insurers,
inspectors, end users, distributors and regulatory agencies.
Participants represent both large and small businesses and others. An
[[Page 177]]
example of the make-up of a typical standards committee may include
representatives (engineers, researchers, or risk management officers)
from large and small operating companies, government members (Federal/
state), risk management consultants, insurance administrators,
academics and individuals. Meetings are open to the public. The
committees involved in developing, revising, and approving consensus
standards created by organizations such as the API or AGA include
technical experts, operating companies, vendors, consultants,
academics, and regulators.
The impact of this final rule will not have a significant impact on
compliance cost regardless of the size of the firm. The changes update
current editions of industry standards to allow for the use of newer or
updated safety procedures to promote uniformity among industry
practices. Changes in standards employing performance-based approaches
have resulted in fewer costly changes to an organization's
manufacturing processes.
Consideration of alternative proposals for small businesses: The
Regulatory Flexibility Act directs agencies to establish expectations
and differing compliance standards for small businesses, where it is
possible to do so, while still meeting the objectives of applicable
regulatory statutes. In the case of hazardous liquid, natural gas and
other types of materials transported by pipeline, any exceptions are
considered during the rulemaking process. For the most part, differing
standards are not possible due to the type of technical requirements
covered by these standards. The impact of this final rule will be
minimal. The changes are intended to provide industry guidance through
adoption of newer editions of consensus standards and recommended
practices.
Based on the facts available about the anticipated impact of this
rulemaking, 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.
F. Paperwork Reduction Act
This final rule does not impose any new information collection
requirements.
G. Regulation Identifier Number
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.
H. Unfunded Mandates Reform Act of 1995
This final rule will not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It will not result in costs of
$100 million (adjusted for inflation currently estimated to be $132
million) or more in any one year to either state, local or tribal
governments, in the aggregate, or to the private sector, and would be
the least burdensome alternative that achieves the objective of this
final rule.
I. Privacy Act Statement
Anyone may search the electronic form of comments received in
response to any of our dockets by the name of the individual submitting
the comment (or signing the comment if submitted for 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), or you may visit http://docketsinfo.dot.gov/.
J. Environmental Assessment
The National Environmental Policy Act of 1969, 42 U.S.C. 4321-4375,
requires Federal agencies to analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Council on Environmental Quality regulations require
Federal agencies to conduct an environmental review considering: (1)
The need for the proposed action; (2) alternatives to the proposed
action; (3) probable environmental impacts of the proposed action and
alternatives; and (4) the agencies and persons consulted during the
consideration process (40 CFR 1508.9(b)). In this final rule, PHMSA
incorporates two new standards (one partially) and incorporates 21
updated standards of those currently referenced. This final rule also
makes miscellaneous and editorial changes to the pipeline safety
regulations.
Description of Action: The National Technology Transfer and
Advancement Act of 1995 directs Federal agencies to use voluntary
consensus standards and design specifications developed by voluntary
consensus standard bodies instead of government-developed voluntary
technical standards, when applicable. There are currently 64 standards
incorporated by reference in Parts 192, 193 and 195 of the pipeline
safety regulations.
PHMSA engineers and subject matter experts participate on
approximately 25 standards development committees to keep current on
committee actions. PHMSA will only propose to adopt standards into the
Federal regulations that meet the agency's directive(s) to ensure the
best interests of public and environmental safety are served.
Purpose and Need: Many of the industry standards currently
incorporated by reference in the pipeline safety regulations have been
revised and updated to incorporate and promote new technologies and
methodologies. This final rule will allow operators to use new
technologies by incorporating new editions of the standards into the
pipeline safety regulations.
PHMSA's technical experts continually review the actions of
pipeline standards developing committees and study industry safety
practices to ensure that their endorsement of any new editions or
revised standards incorporated into the Federal safety regulations will
improve public safety, as well as provide protection for the
environment. If PHMSA does not amend the Federal safety standards to
keep up with industry practices, it could potentially have an adverse
effect on the transportation of energy resources.
These amendments will make the regulatory provisions more
consistent with current technology and will therefore promote the safe
transportation of hazardous liquids, natural and other gases and
liquefied natural gas by pipeline.
Alternatives Considered: In developing this final rule, PHMSA
considered two alternatives:
Alternative (1): Take no action and continue to incorporate the
existing standards currently referenced in the pipeline safety
regulations.
Because PHMSA's goal is to facilitate pipeline safety, PHMSA
rejected the alternative to take no action.
Alternative (2): Go forward with the proposed amendments and
incorporate updated editions of voluntary consensus standards to allow
pipeline operators to use current technologies. This is the selected
alternative.
PHMSA's goal is to incorporate by reference all or parts of updated
editions of voluntary consensus standards into the pipeline safety
regulations to allow pipeline operators to use current technology, new
materials, and other industry and management practices. Another goal is
to update and clarify certain provisions in the regulations.
Environmental Consequences: The Nation's pipelines are located
[[Page 178]]
throughout the United States, both onshore and offshore, and traverse a
variety of environments--from highly populated urban sites to remote,
unpopulated rural areas. The Federal pipeline regulatory system is a
risk management system that is prevention-oriented and focused on
identifying safety hazards and reducing the probability and quantity of
a natural gas or hazardous liquid release. Pipeline operators are
required to develop and implement IM programs to enhance safety by
identifying and reducing pipeline integrity risks.
Pipelines subject to this final rule transport hazardous liquids
and natural gas, and therefore a spill or leak of the product could
affect the physical environment as well as the health and safety of the
public. The release of hazardous liquids or natural gas can cause the
loss of cultural and historical resources (e.g., properties listed on
the National Register of Historic Places), biological and ecological
resources (e.g., coastal zones, wetlands, plant and animal species and
their habitats, forests, grasslands, offshore marine ecosystems),
special ecological resources (e.g., threatened and endangered plant and
animal species and their habitats, national and state parklands,
biological reserves, wild and scenic rivers), and the contamination of
air, water resources (e.g., oceans, streams, lakes), and soil that
exist directly adjacent to and within the vicinity of pipelines.
Incidents involving pipelines can result in fires and explosions,
causing damage to the local environment. Depending on the size of a
spill or gas leak and the nature of the failure zone, the potential
impacts could vary from property damage or environmental damage,
injuries or, on rare occasions, fatalities.
Compliance with the pipeline safety regulations substantially
reduces the possibility of an accidental release of product. Updating
new industry standards or those already incorporated into the pipeline
safety regulations provides operators with the advantage and added
safety of applying newer technologies. These standards are based on the
accumulated knowledge and experience of owners, operators,
manufacturers, risk management experts and others involved in the
pipeline industry or government agencies who write the regulations to
ensure the products are moved safely throughout the country. PHMSA
staff actively participates in the standards development process to
ensure each standard incorporated will enhance safety and environmental
protection. Newer editions are not automatically incorporated but
reviewed in detail. PHMSA reviewed each of the standards described in
this rule and have determined that the majority of the updates include
nearly minor changes such as editorial changes, inclusion of a best
practices, or similar changes.
The discussion of the standards PHMSA has chosen not to incorporate
at this time or that are to be partial incorporated is included under
section II of this rule.
Conclusion--Degree of Environmental Impact: PHMSA incorporates
consensus standards that will allow the pipeline industry to use
improved technologies, new materials, performance-based approaches,
manufacturing processes, or other practices to enhance public health,
safety and welfare. PHMSA's goal is to ensure hazardous liquids,
natural and other gases and liquefied natural gas transported by
pipeline will arrive safely to its destination.
PHMSA has determined that the selected alternative will not have a
significant impact on the environment.
K. Executive Order 13211
Transporting gas and petroleum affects the Nation's available
energy supply. However, this final rule would not be a significant
energy action under Executive Order 13211. It also would not be a
significant regulatory action under Executive Order 12866 and would not
likely have a significant adverse effect on the supply, distribution,
or use of energy. Further, the Administrator of the Office of
Information and Regulatory Affairs would not be likely to identify this
final rule as a significant energy action.
List of Subjects
49 CFR Part 192
Incorporation by reference, Natural gas, Pipeline safety.
49 CFR Part 193
Incorporation by reference, Liquefied natural gas, Pipeline safety.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Incorporation by reference,
Petroleum pipeline safety.
49 CFR Part 198
Grant programs--transportation, Pipeline safety, Reporting and
recordkeeping requirements.
49 CFR Part 199
Drug and alcohol testing.
In consideration of the foregoing, PHMSA amends 49 CFR parts 192,
193, 195, 198, and 199 as follows:
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, 60116, 60118 and 60137; and 49 CFR 1.97.
Sec. Sec. 192.923, 192.925, 192.931, 192.935, 192.939 [Amended]
0
2. In 49 CFR part 192, remove the term ``NACE SP0502-2008'' and add in
its place ``NACE SP0502'' everywhere it appears in the following
sections:
0
a. Section 192.923(b)(1);
0
b. Section 192.925(b) introductory text;
0
c. Section 192.925(b)(1) introductory text;
0
d. Section 192.925(b)(1)(ii);
0
e. Section 192.925(b)(2) introductory text;
0
f. Section 192.925(b)(3) introductory text;
0
g. Section 192.925(b)(3)(ii)(A);
0
h. Section 192.925(b)(3)(ii)(B);
0
i. Section 192.925(b)(3)(iv);
0
j. Section 192.925(b)(4) introductory text;
0
k. Section 192.925(b)(4)(ii);
0
l. Section 192.931(d);
0
m. Section 192.935(b)(1)(iv);
0
n. Section 192.939(a)(2).
0
3. Section 192.7 is revised to read as follows:
Sec. 192.7 What documents are incorporated by reference partly or
wholly in this part?
(a) This part prescribes standards, or portions thereof,
incorporated by reference into this part with the approval of the
Director of the Federal Register in 5 U.S.C. 552(a) and 1 CFR part 51.
The materials listed in this section have the full force of law. To
enforce any edition other than that specified in this section, PHMSA
must publish a notice of change in the Federal Register.
(1) Availability of standards incorporated by reference. All of the
materials incorporated by reference are available for inspection from
several sources, including the following:
(i) The Office of Pipeline Safety, Pipeline and Hazardous Materials
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC
20590. For more information contact 202-366-4046 or go to the PHMSA Web
site at: http://www.phmsa.dot.gov/pipeline/regs.
(ii) The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to the NARA Web site at: http://
[[Page 179]]
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
(iii) Copies of standards incorporated by reference in this part
can also be purchased or are otherwise made available from the
respective standards-developing organization at the addresses provided
in the centralized IBR section below.
(2) [Reserved]
(b) American Petroleum Institute (API), 1220 L Street NW.,
Washington, DC 20005, phone: 202-682-8000, http://api.org/.
(1) API Recommended Practice 5L1, ``Recommended Practice for
Railroad Transportation of Line Pipe,'' 7th edition, September 2009,
(API RP 5L1), IBR approved for Sec. 192.65(a).
(2) API Recommended Practice 5LT, ``Recommended Practice for Truck
Transportation of Line Pipe,'' First edition, March 2012, (API RP 5LT),
IBR approved for Sec. 192.65(c).
(3) API Recommended Practice 5LW, ``Recommended Practice for
Transportation of Line Pipe on Barges and Marine Vessels,'' 3rd
edition, September 2009, (API RP 5LW), IBR approved for Sec.
192.65(b).
(4) API Recommended Practice 80, ``Guidelines for the Definition of
Onshore Gas Gathering Lines,'' 1st edition, April 2000, (API RP 80),
IBR approved for Sec. 192.8(a).
(5) API Recommended Practice 1162, ``Public Awareness Programs for
Pipeline Operators,'' 1st edition, December 2003, (API RP 1162), IBR
approved for Sec. 192.616(a), (b), and (c).
(6) API Recommended Practice 1165, ``Recommended Practice for
Pipeline SCADA Displays,'' First edition, January 2007, (API RP 1165),
IBR approved for Sec. 192.631(c).
(7) API Specification 5L, ``Specification for Line Pipe,'' 45th
edition, effective July 1, 2013, (API Spec 5L), IBR approved for
Sec. Sec. 192.55(e); 192.112(a), (b), (d), (e); 192.113; and Item I,
Appendix B to Part 192.
(8) ANSI/API Specification 6D, ``Specification for Pipeline
Valves,''23rd edition, effective October 1, 2008, including Errata 1
(June 2008), Errata2 (/November 2008), Errata 3 (February 2009), Errata
4 (April 2010), Errata 5 (November 2010), Errata 6 (August 2011)
Addendum 1 (October 2009), Addendum 2 (August 2011), and Addendum 3
(October 2012), (ANSI/API Spec 6D), IBR approved for Sec. 192.145(a).
(9) API Standard 1104, ``Welding of Pipelines and Related
Facilities,'' 20th edition, October 2005, including errata/addendum
(July 2007) and errata 2 (2008), (API Std 1104), IBR approved for
Sec. Sec. 192.225(a); 192.227(a); 192.229(c); 192.241(c); and Item II,
Appendix B.
(c) ASME International (ASME), Three Park Avenue, New York, NY
10016, 800-843-2763 (U.S./Canada), http://www.asme.org/.
(1) ASME/ANSI B16.1-2005, ``Gray Iron Pipe Flanges and Flanged
Fittings: (Classes 25, 125, and 250),'' August 31, 2006, (ASME/ANSI
B16.1), IBR approved for Sec. 192.147(c).
(2) ASME/ANSI B16.5-2003, ``Pipe Flanges and Flanged Fittings,
``October 2004, (ASME/ANSI B16.5), IBR approved for Sec. Sec.
192.147(a) and 192.279.
(3) ASME/ANSI B31G-1991 (Reaffirmed 2004), ``Manual for Determining
the Remaining Strength of Corroded Pipelines,'' 2004, (ASME/ANSI B31G),
IBR approved for Sec. Sec. 192.485(c) and 192.933(a).
(4) ASME/ANSI B31.8-2007, ``Gas Transmission and Distribution
Piping Systems,'' November 30, 2007, (ASME/ANSI B31.8), IBR approved
for Sec. Sec. 192.112(b) and 192.619(a).
(5) ASME/ANSI B31.8S-2004, ``Supplement to B31.8 on Managing System
Integrity of Gas Pipelines,'' 2004, (ASME/ANSI B31.8S-2004), IBR
approved for Sec. Sec. 192.903 note to Potential impact radius;
192.907 introductory text, (b); 192.911 introductory text, (i), (k),
(l), (m); 192.913(a), (b), (c); 192.917 (a), (b), (c), (d), (e);
192.921(a); 192.923(b); 192.925(b); 192.927(b), (c); 192.929(b);
192.933(c), (d); 192.935 (a), (b); 192.937(c); 192.939(a); and
192.945(a).
(6) ASME Boiler & Pressure Vessel Code, Section I, ``Rules for
Construction of Power Boilers 2007,'' 2007 edition, July 1, 2007, (ASME
BPVC, Section I), IBR approved for Sec. 192.153(b).
(7) ASME Boiler & Pressure Vessel Code, Section VIII, Division 1
``Rules for Construction of Pressure Vessels,'' 2007 edition, July 1,
2007, (ASME BPVC, Section VIII, Division 1), IBR approved for
Sec. Sec. 192.153(a), (b), (d); and 192.165(b).
(8) ASME Boiler & Pressure Vessel Code, Section VIII, Division 2
``Alternate Rules, Rules for Construction of Pressure Vessels,'' 2007
edition, July 1, 2007, (ASME BPVC, Section VIII, Division 2), IBR
approved for Sec. Sec. 192.153(b), (d); and 192.165(b).
(9) ASME Boiler & Pressure Vessel Code, Section IX: ``Qualification
Standard for Welding and Brazing Procedures, Welders, Brazers, and
Welding and Brazing Operators,'' 2007 edition, July 1, 2007, ASME BPVC,
Section IX, IBR approved for Sec. Sec. 192.225(a); 192.227(a); and
Item II, Appendix B to Part 192.
(d) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, PO Box C700, West Conshohocken, PA 19428, phone: (610)
832-9585, Web site: http://www.astm.org/.
(1) ASTM A53/A53M-10, ``Standard Specification for Pipe, Steel,
Black and Hot-Dipped, Zinc-Coated, Welded and Seamless,'' approved
October 1, 2010, (ASTM A53/A53M), IBR approved for Sec. 192.113; and
Item II, Appendix B to Part 192.
(2) ASTM A106/A106M-10, ``Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature Service,'' approved October 1,
2010, (ASTM A106/A106M), IBR approved for Sec. 192.113; and Item I,
Appendix B to Part 192.
(3) ASTM A333/A333M-11, ``Standard Specification for Seamless and
Welded Steel Pipe for Low-Temperature Service,'' approved April 1,
2011, (ASTM A333/A333M), IBR approved for Sec. 192.113; and Item I,
Appendix B to Part 192.
(4) ASTM A372/A372M-10, ``Standard Specification for Carbon and
Alloy Steel Forgings for Thin-Walled Pressure Vessels,'' approved
October 1, 2010, (ASTM A372/A372M), IBR approved for Sec. 192.177(b).
(5) ASTM A381-96 (reapproved 2005), ``Standard Specification for
Metal-Arc Welded Steel Pipe for Use with High-Pressure Transmission
Systems,'' approved October 1, 2005, (ASTM A381), IBR approved for
Sec. 192.113; and Item I, Appendix B to Part 192.
(6) ASTM A578/A578M-96 (reapproved 2001), ``Standard Specification
for Straight-Beam Ultrasonic Examination of Plain and Clad Steel Plates
for Special Applications,'' (ASTM A578/A578M), IBR approved for Sec.
192.112(c).
(7) ASTM A671/A671M-10, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures,''
approved April 1, 2010, (ASTM A671/A671M), IBR approved for Sec.
192.113; and Item I, Appendix B to Part 192.
(8) ASTM A672/A672M-09, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate
Temperatures,'' approved October 1, 2009, (ASTM A672/672M), IBR
approved for Sec. 192.113 and Item I, Appendix B to Part 192.
(9) ASTM A691/A691M-09, ``Standard Specification for Carbon and
Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure Service at
High Temperatures,'' approved October 1, 2009, (ASTM A691/A691M), IBR
approved for Sec. 192.113 and Item I, Appendix B to Part 192.
[[Page 180]]
(10) ASTM D638-03, ``Standard Test Method for Tensile Properties of
Plastics,'' 2003, (ASTM D638), IBR approved for Sec. 192.283(a) and
(b).
(11) ASTM D2513-87, ``Standard Specification for Thermoplastic Gas
Pressure Pipe, Tubing, and Fittings,'' (ASTM D2513-87), IBR approved
for Sec. 192.63(a).
(12) ASTM D2513-99, ``Standard Specification for Thermoplastic Gas
Pressure Pipe, Tubing, and Fittings,'' (ASTM D 2513-99), IBR approved
for Sec. Sec. 192.191(b); 192.281(b); 192.283(a) and Item 1, Appendix
B to Part 192.
(13) ASTM D2513-09a, ``Standard Specification for Polyethylene (PE)
Gas Pressure Pipe, Tubing, and Fittings,'' approved December 1, 2009,
(ASTM D2513-09a), IBR approved for Sec. Sec. 192.123(e); 192.191(b);
192.283(a); and Item 1, Appendix B to Part 192.
(14) ASTM D2517-00, ``Standard Specification for Reinforced Epoxy
Resin Gas Pressure Pipe and Fittings,'' (ASTM D 2517), IBR approved for
Sec. Sec. 192.191(a); 192.281(d); 192.283(a); and Item I, Appendix B
to Part 192.
(15) ASTM F1055-1998, ``Standard Specification for Electrofusion
Type Polyethylene Fittings for Outside Diameter Controller Polyethylene
Pipe and Tubing,'' (ASTM F1055), IBR approved for Sec. 192.283(a).
(e) Gas Technology Institute (GTI), formerly the Gas Research
Institute (GRI)), 1700 S. Mount Prospect Road, Des Plaines, IL 60018,
phone: 847-768-0500, Web site: www.gastechnology.org.
(1) GRI 02/0057 (2002) ``Internal Corrosion Direct Assessment of
Gas Transmission Pipelines Methodology,'' (GRI 02/0057), IBR approved
for Sec. 192.927(c).
(2) [Reserved]
(f) Manufacturers Standardization Society of the Valve and Fittings
Industry, Inc. (MSS), 127 Park St. NE., Vienna, VA 22180, phone: 703-
281-6613, Web site: http://www.mss-hq.org/ org/.
(1) MSS SP-44-2010, Standard Practice, ``Steel Pipeline Flanges,''
2010 edition, (including Errata (May 20, 2011)), (MSS SP-44), IBR
approved for Sec. 192.147(a).
(2) [Reserved]
(g) NACE International (NACE), 1440 South Creek Drive, Houston, TX
77084: phone: 281-228-6223 or 800-797-6223, Web site: http://www.nace.org/Publications/.
(1) ANSI/NACE SP0502-2010, Standard Practice, ``Pipeline External
Corrosion Direct Assessment Methodology,'' revised June 24, 2010, (NACE
SP0502), IBR approved for Sec. Sec. 192.923(b); 192.925(b);
192.931(d); 192.935(b) and 192.939(a).
(2) [Reserved]
(h) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, Massachusetts 02169, phone: 1 617 984-7275, Web site:
http://www.nfpa.org/.
(1) NFPA-30 (2012), ``Flammable and Combustible Liquids Code,''
2012 edition, June 20, 2011, including Errata 30-12-1 (September 27,
2011) and Errata 30-12-2 (November 14, 2011), (NFPA-30), IBR approved
for Sec. 192.735(b).
(2) NFPA-58 (2004), ``Liquefied Petroleum Gas Code (LP-Gas Code),''
(NFPA-58), IBR approved for Sec. 192.11(a), (b), and (c).
(3) NFPA-59 (2004), ``Utility LP-Gas Plant Code,'' (NFPA-59), IBR
approved for Sec. 192.11(a), (b); and (c).
(4) NFPA-70 (2011), ``National Electrical Code,'' 2011 edition,
issued August 5, 2010, (NFPA-70), IBR approved for Sec. Sec.
192.163(e); and 192.189(c).
(i) Pipeline Research Council International, Inc. (PRCI), c/o
Technical Toolboxes, 3801 Kirby Drive, Suite 520, P.O. Box 980550,
Houston, TX 77098, phone: 713-630-0505, toll free: 866-866-6766, Web
site: http://www.ttoolboxes.com/. (Contract number PR-3-805.)
(1) AGA, Pipeline Research Committee Project, PR-3-805, ``A
Modified Criterion for Evaluating the Remaining Strength of Corroded
Pipe,'' (December 22, 1989), (PRCI PR-3-805 (R-STRENG)), IBR approved
for Sec. Sec. 192.485(c); 192.933(a) and (d).
(2) [Reserved]
(j) Plastics Pipe Institute, Inc. (PPI), 105 Decker Court, Suite
825 Irving TX 75062, phone: 469-499-1044, http://www.plasticpipe.org/.
(1) PPI TR-3/2008 HDB/HDS/PDB/SDB/MRS Policies (2008), ``Policies
and Procedures for Developing Hydrostatic Design Basis (HDB), Pressure
Design Basis (PDB), Strength Design Basis (SDB), and Minimum Required
Strength (MRS) Ratings for Thermoplastic Piping Materials or Pipe, ''
May 2008, IBR approved for Sec. 192.121.
(2) [Reserved]
Sec. 192.11 [Amended]
0
4. In Sec. 192.11:
0
a. Amend paragraph (a) by removing the term ``ANSI/NFPA 58 and 59'' and
adding in its place the term ``NFPA 58 and 59 (incorporated by
reference, see Sec. 192.7)''.
0
b. Amend paragraph (c) by removing the term ``ANSI/NFPA 58 and 59,
ANSI/NFPA 58 and 59'' and adding in its place the term ``NFPA 58 and 59
(incorporated by reference, see Sec. 192.7), NFPA 58 and 59''.
Sec. 192.55 [Amended]
0
5. In Sec. 192.55, amend paragraph (e) by removing the term ``API
Specification 5L'' and adding in its place the term ``API Spec 5L
``(incorporated by reference, see Sec. 192.7)''.
0
6. In Sec. 192.59, paragraph (d) is added to read as follows:
Sec. 192.59 Plastic pipe.
* * * * *
(d) Rework and/or regrind material is not allowed in plastic pipe
produced after March 6, 2015 used under this part.
0
7. In Sec. 192.63, paragraph (a)(1) is revised to read as follows:
Sec. 192.63 Marking of materials.
(a) * * *
(1) As prescribed in the specification or standard to which it was
manufactured, except that thermoplastic pipe and fittings made of
plastic materials other than polyethylene must be marked in accordance
with ASTM D2513-87 (incorporated by reference, see Sec. 192.7);
* * * * *
0
8. Amend Sec. 192.65 as follows:
0
a. In paragraph (a)(1), remove the term ``API Recommended Practice
5L1'' and add in its place the term ``API RP 5L1''.
0
b. In paragraph (b), remove the term ``API Recommended Practice 5LW''
and add in its place the term ``API RP 5LW''.
0
c. Add a new paragraph (c) to read as follows:
Sec. 192.65 Transportation of pipe.
* * * * *
(c) Truck. In a pipeline to be operated at a hoop stress of 20
percent or more of SMYS, an operator may not use pipe having an outer
diameter to wall thickness ratio of 70 to 1, or more, that is
transported by truck unless the transportation is performed in
accordance with API RP 5LT (incorporated by reference, see Sec.
192.7).
Sec. 192.112 [Amended]
0
9. Amend Sec. 192.112:
0
a. In paragraphs (a)(4), (b)(1)(i), (b)(1)(iii), (d)(1), and (e)(1) by
removing the term ``API Specification 5L'' and adding in its place the
term ``API Spec 5L''.
0
b. In paragraph (c)(2)(i) by removing the term, ``API 5L'' and adding
in its place the term ``API Spec 5L''.
Sec. 192.113 [Amended]
0
10. In the Table of Sec. 192.113, remove the term ``API 5 L'' and add
in its place the term ``API Spec 5L''.
[[Page 181]]
Sec. 192.123 [Amended]
0
11. In Sec. 192.123, revise paragraph (e)(2) to read as follows:
Sec. 192.123 Design limitations for plastic pipe.
* * * * *
(e) * * *
(2) The material is a polyethylene (PE) pipe with the designation
code as specified within ASTM D2513-09a (incorporated by reference, see
Sec. 192.7);
* * * * *
Sec. 192.145 [Amended]
0
12. Amend Sec. 192.145 paragraph (a) by removing the term ``API 6D''
and adding in its place the term ``ANSI/API Spec 6D''.
Sec. 192.147 [Amended]
0
13. Amend Sec. 192.147 as follows:
0
a. In paragraph (a), remove the phrase ``ASME/ANSI B 16.5, MSS SP-44''
and add in its place the phrase ``ASME/ANSI B 16.5 and MSS SP-44
(incorporated by reference, see Sec. 192.7)''.
0
b. In paragraph (c), remove the term ``ASME/ANSI B16.1'' and add in its
place the term ``ASME/ANSI B16.1 (incorporated by reference, see Sec.
192.7)''.
0
14. In Sec. 192.153, revise paragraphs (a), (b), and (d) to read as
follows:
Sec. 192.153 Components fabricated by welding.
(a) Except for branch connections and assemblies of standard pipe
and fittings joined by circumferential welds, the design pressure of
each component fabricated by welding, whose strength cannot be
determined, must be established in accordance with paragraph UG-101 of
the ASME Boiler and Pressure Vessel Code (BPVC) (Section VIII, Division
1) (incorporated by reference, see Sec. 192.7).
(b) Each prefabricated unit that uses plate and longitudinal seams
must be designed, constructed, and tested in accordance with section 1
of the ASME BPVC (Section VIII, Division 1 or Section VIII, Division 2)
(incorporated by reference, see Sec. 192.7), except for the following:
* * * * *
(d) Except for flat closures designed in accordance with the ASME
BPVC (Section VIII, Division 1 or 2), flat closures and fish tails may
not be used on pipe that either operates at 100 p.s.i. (689 kPa) gage
or more, or is more than 3 inches in (76 millimeters) nominal diameter.
Sec. 192.163 [Amended]
0
15. Amend Sec. 192.163 paragraph (e) by removing the term ``National
Electrical Code, ANSI/NFPA 70'' and adding in its place ``NFPA-70''.
Sec. 192.165 [Amended]
0
16. Amend Sec. 192.165 paragraph (b)(3) by removing the term ``ASME
Boiler and Pressure Vessel Code'' and adding in its place the term
``ASME Boiler and Pressure Vessel Code (BPVC) (incorporated by
reference, see Sec. 192.7)''.
Sec. 192.177 [Amended]
0
17. Amend Sec. 192.177 paragraph (b)(1) by removing the term ``ASTM A
372/372'' and adding in its place the term ``ASTM A372/372M
(incorporated by reference, see Sec. 192.7)''.
Sec. 192.189 [Amended]
0
18. Amend Sec. 192.189 paragraph (c) by removing the reference ``ANSI/
NFPA 70'' and adding in its place the term ``NFPA-70 (incorporated by
reference, see Sec. 192.7)''.
Sec. 192.191 [Amended]
0
19. In Sec. 192.191, paragraph (b) is revised to read as follows:
Sec. 192.191 Design pressure of plastic fittings.
* * * * *
(b) Thermoplastic fittings for plastic pipe must conform to ASTM
D2513-99 for plastic materials other than polyethylene or ASTM D2513-
09a for polyethylene plastic materials.
Sec. 192.225 [Amended]
0
20. Amend Sec. 192.225, paragraph (a) is amended as follows:
0
a. Remove the term ``API 1104'' and add in its place the term ``API Std
1104''.
0
b. Remove the term ``ASME Boiler and Pressure Vessel Code, `Welding and
Brazing Qualifications''' and add in its place the term ``ASME Boiler
and Pressure Vessel Code (BPVC)''.
Sec. 192.227 [Amended]
0
21. In Sec. 192.227, paragraph (a) is amended as follows:
0
a. Remove the term ``API 1104'' and add in its place the term ``API Std
1104''.
0
b. Remove the term ``ASME Boiler and Pressure Vessel Code'' and add in
its place the term ``ASME Boiler and Pressure Vessel Code (BPVC)''.
Sec. 192.229 [Amended]
0
22. Amend Sec. 192.229 paragraph (c)(1) by removing the term ``API
Standard 1104'' and adding in its place the term ``API Std 1104''.
Sec. 192.241 [Amended]
0
23. Amend Sec. 192.241 paragraph (c) by removing the terms ``API
Standard 1104'' and ``API 1104'' and adding in their place the term
``API Std 1104''.
Sec. 192.281 [Amended]
0
24. Amend Sec. 192.281 paragraph (d)(1) by removing the term ``ASTM
Designation D 2517'' and adding in its place the term ``ASTM D 2517
(incorporated by reference, see Sec. 192.7)''.
0
25. Amend Sec. 192.283 as follows:
0
a. Revise paragraph (a)(1)(i) to read as set forth below.
0
b. Amend paragraph (a)(1)(iii) by removing the term ``ASTM Designation
F1055 (incorporated by reference, see Sec. 192.7)'' and adding in its
place the term ``ASTM F1055 (incorporated by reference, see Sec.
192.7)''.
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) of
ASTM D2513-99 for plastic materials other than polyethylene or ASTM
D2513-09a (incorporated by reference, see Sec. 192.7) for polyethylene
plastic materials;
* * * * *
Sec. 192.485 [Amended]
0
26. Amend Sec. 192.485 paragraph (c) as follows:
0
a. Remove the term ``ASME/ANSI B31G'' and add in its place the term
``ASME/ANSI B31G (incorporated by reference, see Sec. 192.7)''.
0
b. Remove the term ``AGA Pipeline Research Committee Project PR 3-805
(with RSTRENG disk)'' and add in its place the term ``PRCI PR 3-805 (R-
STRENG) (incorporated by reference, see Sec. 192.7)''.
Sec. 192.735 [Amended]
0
27. Amend Sec. 192.735 paragraph (b) by removing the term ``National
Fire Protection Association Standard No. 30'' and adding in its place
the term ``NFPA-30 (incorporated by reference, see Sec. 192.7)''.
Sec. 192.903 [Amended]
0
28. Amend the Note to Potential impact radius in Sec. 192.903 by
removing the term ``ASME/ANSI B31.8S-2001 (Supplement to ASME B31.8;
incorporated by reference, see Sec. 192.7)'' and adding in its place
the term
[[Page 182]]
``ASME/ANSI B31.8S (incorporated by reference, see Sec. 192.7)''.
0
29. In Sec. 192.923, paragraphs (a) and (b) are revised to read as
follows:
Sec. 192.923 How is direct assessment used and for what threats?
(a) General. An operator may use direct assessment either as a
primary assessment method or as a supplement to the other assessment
methods allowed under this subpart. An operator may only use direct
assessment as the primary assessment method to address the identified
threats of external corrosion (EC), internal corrosion (IC), and stress
corrosion cracking (SCC).
(b) Primary method. An operator using direct assessment as a
primary assessment method must have a plan that complies with the
requirements in--
(1) Section 192.925 and ASME/ANSI B31.8S (incorporated by
reference, see Sec. 192.7) section 6.4, and NACE SP0502 (incorporated
by reference, see Sec. 192.7), if addressing external corrosion (EC).
(2) Section 192.927 and ASME/ANSI B31.8S (incorporated by
reference, see Sec. 192.7), section 6.4, appendix B2, if addressing
internal corrosion (IC).
(3) Section 192.929 and ASME/ANSI B31.8S (incorporated by
reference, see Sec. 192.7), appendix A3, if addressing stress
corrosion cracking (SCC).
* * * * *
0
30. In Sec. 192.933, revise paragraphs (a)(1) and (d)(1)(i) to read as
follows:
Sec. 192.933 What actions must be taken to address integrity issues?
(a) * * *
(1) Temporary pressure reduction. If an operator is unable to
respond within the time limits for certain conditions specified in this
section, the operator must temporarily reduce the operating pressure of
the pipeline or take other action that ensures the safety of the
covered segment. An operator must determine any temporary reduction in
operating pressure required by this section using ASME/ANSI B31G
(incorporated by reference, see Sec. 192.7); Pipeline Research
Council, International, PR-3-805 (R-STRENG) (incorporated by reference,
see Sec. 192.7); or by reducing the operating pressure to a level not
exceeding 80 percent of the level at the time the condition was
discovered. An operator must notify PHMSA in accordance with Sec.
192.949 if it cannot meet the schedule for evaluation and remediation
required under paragraph (c) of this section and cannot provide safety
through a temporary reduction in operating pressure or through another
action. An operator must also notify a State pipeline safety authority
when either a covered segment is located in a State where PHMSA has an
interstate agent agreement or an intrastate covered segment is
regulated by that State.
* * * * *
(d) * * *
(1) * * *
(i) A calculation of the remaining strength of the pipe shows a
predicted failure pressure less than or equal to 1.1 times the maximum
allowable operating pressure at the location of the anomaly. Suitable
remaining strength calculation methods include ASME/ANSI B31G
(incorporated by reference, see Sec. 192.7), PRCI PR-3-805 (R-STRENG)
(incorporated by reference, see Sec. 192.7), or an alternative
equivalent method of remaining strength calculation.
* * * * *
Sec. 192.939 [Amended]
0
31. Amend Sec. 192.939 paragraph (a)(1)(ii) by removing the term
``ASME/ANSI B31.8S'' and adding in its place the term ``ASME B31.8S
(incorporated by reference, see Sec. 192.7)''.
0
32. Amend Appendix B to Part 192 as follows:
0
a. Revise Part I to read as set forth below.
0
b. Amend the second paragraph of Part II.A, by removing the term ``ASTM
A53'' and adding in its place the term ``ASTM A53/A53M''.
APPENDIX B TO PART 192--QUALIFICATION OF PIPE
I. Listed Pipe Specifications
ANSI/API Specification 5L--Steel pipe, ``Specification for Line
Pipe'' (incorporated by reference, see Sec. 192.7).
ASTM A53/A53M--Steel pipe, ``Standard Specification for Pipe,
Steel Black and Hot-Dipped, Zinc-Coated, Welded and Seamless''
(incorporated by reference, see Sec. 192.7).
ASTM A106/A106M--Steel pipe, ``Standard Specification for
Seamless Carbon Steel Pipe for High Temperature Service''
(incorporated by reference, see Sec. 192.7).
ASTM A333/A333M--Steel pipe, ``Standard Specification for
Seamless and Welded Steel Pipe for Low Temperature Service''
(incorporated by reference, see Sec. 192.7).
ASTM A381--Steel pipe, ``Standard Specification for Metal-Arc-
Welded Steel Pipe for Use with High-Pressure Transmission Systems''
(incorporated by reference, see Sec. 192.7).
ASTM A671/A671M--Steel pipe, ``Standard Specification for
Electric-Fusion-Welded Pipe for Atmospheric and Lower Temperatures''
(incorporated by reference, see Sec. 192.7).
ASTM A672/672M--Steel pipe, ``Standard Specification for
Electric-Fusion-Welded Steel Pipe for High-Pressure Service at
Moderate Temperatures'' (incorporated by reference, see Sec.
192.7).
ASTM A691/A691M--Steel pipe, ``Standard Specification for Carbon
and Alloy Steel Pipe, Electric-Fusion-Welded for High Pressure
Service at High Temperatures'' (incorporated by reference, see Sec.
192.7).
ASTM D2513-99, ``Standard Specification for Thermoplastic Gas
Pressure Pipe, Tubing, and Fittings,'' (incorporated by reference,
see Sec. 192.7).
ASTM D2513-09a--Polyethylene thermoplastic pipe and tubing,
``Standard Specification for Polyethylene (PE) gas Pressure Pipe,
Tubing, and Fittings'', (incorporated by reference, see Sec.
192.7).
ASTM D2517--Thermosetting plastic pipe and tubing, ``Standard
Specification for Reinforced Epoxy Resin Gas Pressure Pipe and
Fittings'' (incorporated by reference, see Sec. 192.7).
* * * * *
PART 193--LIQUEFIED NATURAL GAS FACILITIES: FEDERAL SAFETY
STANDARDS
0
33. The authority citation for Part 193 continues to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60103, 60104, 60108, 60109,
60110, 60113, 60118; and 49 CFR 1.53.
Sec. Sec. 193.2019, 193.2051, 193.2057, 193.2301, 193.2303, 193.2401,
193.2521, 193.2639, 193.2639, and 193.2801 [Amended]
0
34. In 49 CFR part 193, remove the term ``NFPA 59A'' and add in its
place ``NFPA-59A-2001'' everywhere it appears in the following
sections:
0
a. Section 193.2019(a);
0
b. Section 193.2051;
0
c. Section 193.2057, introductory text;
0
f. Section 193.2301;
0
g. Section 193.2303;
0
h. Section 193.2401;
0
i. Section 193.2521;
0
j. Section 193.2639(a); and
0
k. Section 193.2801.
0
35. Section 193.2013 is revised to read as follows:
Sec. 193.2013 What documents are incorporated by reference partly or
wholly in this part?
(a) This part prescribes standards, or portions thereof,
incorporated by reference into this part with the approval of the
Director of the Federal Register in 5 U.S.C. 552(a) and 1 CFR part 51.
The materials listed in this section have the full force of law. To
enforce any edition other than that specified in this section, PHMSA
must publish a notice of change in the Federal Register.
(1) Availability of standards incorporated by reference. All of the
materials incorporated by reference are available for inspection from
several sources, including the following:
(i) The Office of Pipeline Safety, Pipeline and Hazardous Materials
Safety
[[Page 183]]
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. For
more information contact 202-366-4046 or go to the PHMSA Web site at:
http://www.phmsa.dot.gov/pipeline/regs.
(ii) The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to the NARA Web site at: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(iii) Copies of standards incorporated by reference in this part
can also be purchased or are otherwise made available from the
respective standards-developing organization at the addresses provided
in the centralized IBR section below.
(b) American Gas Association (AGA), 400 North Capitol Street NW.,
Washington, DC 20001, and phone: 202-824-7000, Web site: http://www.aga.org/.
(1) American Gas Association, ``Purging Principles and Practices,''
3rd edition, June 2001, (Purging Principles and Practices), IBR
approved for Sec. Sec. 193.2513(b) and (c), 193.2517, and 193.2615(a).
(2) [Reserved]
(c) American Petroleum Institute (API), 1220 L Street NW.,
Washington, DC 20005, and phone: 202-682-8000, Web site: http://api.org/.
(1) API Standard 620, ``Design and Construction of Large, Welded,
Low-pressure Storage Tanks,'' 11th edition, February 2008 (including
addendum 1 (March 2009), addendum 2 (August 2010), and addendum 3
(March 2012)), (API Std 620), IBR approved for Sec. Sec. 193.2101(b);
193.2321(b).
(2) [Reserved]
(d) American Society of Civil Engineers (ASCE), 1801 Alexander Bell
Drive, Reston, VA 20191, (800) 548-2723, 703 295-6300 (international),
Web site: http://www.asce.org.
(1) ASCE/SEI 7-05, ``Minimum Design Loads for Buildings and Other
Structures'' 2005 edition (including supplement No. 1 and Errata),
(ASCE/SEI 7-05), IBR approved for Sec. 193.2067(b).
(2) [Reserved]
(e) ASME International (ASME), Three Park Avenue, New York, NY
10016. 800-843-2763 (U.S/Canada), Web site: http://www.asme.org/.
(1) ASME Boiler & Pressure Vessel Code, Section VIII, Division 1:
``Rules for Construction of Pressure Vessels,'' 2007 edition, July 1,
2007, (ASME BPVC, Section VIII, Division 1), IBR approved for Sec.
193.2321(a).
(2) [Reserved]
(f) Gas Technology Institute (GTI), formerly the Gas Research
Institute (GRI), 1700 S. Mount Prospect Road, Des Plaines, IL 60018,
phone: 847-768-0500, Web site: www.gastechnology.org.
(1) GRI-96/0396.5, ``Evaluation of Mitigation Methods for
Accidental LNG Releases, Volume 5: Using FEM3A for LNG Accident
Consequence Analyses,'' April 1997, (GRI-96/0396.5), IBR approved for
Sec. 193.2059(a).
(2) GTI-04/0032 LNGFIRE3: ``A Thermal Radiation Model for LNG
Fires'' March 2004, (GTI-04/0032 LNGFIRE3), IBR approved for Sec.
193.2057(a).
(3) GTI-04/0049 ``LNG Vapor Dispersion Prediction with the DEGADIS
2.1: Dense Gas Dispersion Model for LNG Vapor Dispersion,'' April 2004,
(GTI-04/0049), IBR approved for Sec. 193.2059(a).
(g) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA, 02169 phone: 617-984-7275, Web site: http://www.nfpa.org/.
(1) NFPA-59A (2001), ``Standard for the Production, Storage, and
Handling of Liquefied Natural Gas (LNG),'' (NFPA-59A-2001), IBR
approved for Sec. Sec. 193.2019(a), 193.2051, 193.2057, 193.2059
introductory text and (c), 193.2101(a), 193.2301, 193.2303, 193.2401,
193.2521, 193.2639(a), and 193.2801.
(2) NFPA 59A (2006), ``Standard for the Production, Storage, and
Handling of Liquefied Natural Gas (LNG),'' 2006 edition, approved
August 18, 2005, (NFPA-59A-2006), IBR approved for Sec. Sec.
193.2101(b) and 193.2321(b).
Sec. 193.2059 [Amended]
0
36. Amend Sec. 193.2059 as follows:
0
a. Amend the introductory text by removing the term ``NFPA 59A'' and
adding in its place the term ``NFPA-59A-2001''.
0
b. Amend paragraph (a) by removing the words ``Gas Research Institute
report GRI-89/0242 (incorporated by reference, see Sec. 193.2013),
``LNG Vapor Dispersion Prediction with the DEGADIS Dense Gas Dispersion
Model'''' and adding, in its place, ``GTI-04/0049, ``LNG Vapor
Dispersion Prediction with the DEGADIS 2.1 Dense Gas Dispersion
Model'''' (incorporated by reference, see Sec. 193.2013)''.
0
c. Amend paragraph (c) by removing the term ``NFPA 59A'' and adding in
its place the term ``NFPA-59A-2001''.
Sec. 193.2067 [Amended]
0
37. Amend Sec. 193.2067 paragraph (b)(1) by removing the term ``ASCE/
SEI 7-05'' and adding in its place the term ``ASCE/SEI 7''.
Sec. 193.2101 [Amended]
0
38. Revise Sec. 193.2101 to read as follows:
Sec. 193.2101 Scope.
(a) Each LNG facility designed after March 31, 2000 must comply
with the requirements of this part and of NFPA-59A-2001 (incorporated
by reference, see Sec. 193.2013). If there is a conflict between this
Part and NFPA-59A-2001, the requirements in this part prevail.
(b) Each stationary LNG storage tank must comply with Section 7.2.2
of NFPA-59A-2006 (incorporated by reference, see Sec. 193.2013) for
seismic design of field fabricated tanks. All other LNG storage tanks
must comply with API Std-620 (incorporated by reference, see Sec.
193.2013) for seismic design.
0
39. In Sec. 193.2321, revise paragraphs (a), (b)(1), and (b)(2) to
read as follows:
Sec. 193.2321 Nondestructive tests.
(a) The butt welds in metal shells of storage tanks with internal
design pressure above 15 psig must be nondestructively examined in
accordance with the ASME Boiler and Pressure Vessel Code (BPVC)
(Section VIII, Division 1)(incorporated by reference, see Sec.
193.2013), except that 100 percent of welds that are both longitudinal
(or meridional) and circumferential (or latitudinal) of hydraulic load
bearing shells with curved surfaces that are subject to cryogenic
temperatures must be nondestructively examined in accordance with the
ASME BPVC (Section VIII, Division 1).
(b) * * *
(1) Section 7.3.1.2 of NFPA Std-59A-2006, (incorporated by
reference, see Sec. 193. 2012);
(2) Appendices C and Q of API Std 620, (incorporated by reference,
see Sec. 193.2013);
* * * * *
Sec. 193.2513 [Amended]
0
40. Amend Sec. 193.2513, paragraphs (b)(1) and (c)(5), by removing the
words ``AGA ``Purging Principles and Practice'''' and adding, in its
place, ``Purging Principles and Practices (incorporated by reference,
see Sec. 193.2013)''.
Sec. 193.2517 [Amended]
0
41. Amend Sec. 193.2517 by removing the words ``AGA ``Purging
Principles and Practice'''' and adding, in its place, ``Purging
Principles and Practices (incorporated by reference, see Sec.
193.2013)''.
[[Page 184]]
Sec. 193.2615 [Amended]
0
42. Amend Sec. 193.2615(a) by removing the words ``AGA ``Purging
Principles and Practice'''' and adding, in its place, ``Purging
Principles and Practices (incorporated by reference, see Sec.
193.2013)''.
PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
0
43. The authority citation for Part 195 continues to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60116,
60118 and 60137; and 49 CFR 1.53.
Sec. Sec. 195.5, 195.406 [Amended]
0
44. Amend 49 CFR part 195 by removing the term ``ASME B31.8'' and
adding in its place the term ``ASME/ANSI B31.8 (incorporated by
reference, see Sec. 195.3)'' in the following sections.
0
a. Section 195.5 paragraph (a)(1)(i);
0
b. Section 195.406 paragraph (a)(1)(i).
0
45. Section 195.3 is revised to read as follows:
Sec. 195.3 What documents are incorporated by reference partly or
wholly in this part?
(a) This part prescribes standards, or portions thereof,
incorporated by reference into this part with the approval of the
Director of the Federal Register in 5 U.S.C. 552(a) and 1 CFR part 51.
The materials listed in this section have the full force of law. To
enforce any edition other than that specified in this section, PHMSA
must publish a notice of change in the Federal Register.
(1) Availability of standards incorporated by reference. All of the
materials incorporated by reference are available for inspection from
several sources, including the following:
(i) The Office of Pipeline Safety, Pipeline and Hazardous Materials
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC
20590. For more information contact 202-366-4046 or go to the PHMSA Web
site at: http://www.phmsa.dot.gov/pipeline/regs.
(ii) The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to the NARA Web site at: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(iii) Copies of standards incorporated by reference in this part
can also be purchased from the respective standards-developing
organization at the addresses provided in the centralized IBR section
below.
(b) American Petroleum Institute (API), 1220 L Street NW.,
Washington, DC 20005, and phone: 202-682-8000, Web site: http://api.org/.
(1) API Publication 2026, ``Safe Access/Egress Involving Floating
Roofs of Storage Tanks in Petroleum Service,'' 2nd edition, April 1998
(reaffirmed June 2006) (API Pub 2026), IBR approved for Sec.
195.405(b).
(2) API Recommended Practice 5L1, ``Recommended Practice for
Railroad Transportation of Line Pipe,'' 7th edition, September 2009,
(API RP 5L1), IBR approved for Sec. 195.207(a).
(3) API Recommended Practice 5LT, ``Recommended Practice for Truck
Transportation of Line Pipe,'' First edition, March 12, 2012, (API RP
5LT), IBR approved for Sec. 195.207(c).
(4) API Recommended Practice 5LW, ``Recommended Practice
Transportation of Line Pipe on Barges and Marine Vessels,'' 3rd
edition, September 2009, (API RP 5LW), IBR approved for Sec.
195.207(b).
(5) ANSI/API Recommended Practice 651, ``Cathodic Protection of
Aboveground Petroleum Storage Tanks,'' 3rd edition, January 2007,
(ANSI/API RP 651), IBR approved for Sec. Sec. 195.565 and 195.573(d).
(6) ANSI/API Recommended Practice 652, ``Linings of Aboveground
Petroleum Storage Tank Bottoms,'' 3rd edition, October 2005, (API RP
652), IBR approved for Sec. 195.579(d).
(7) API Recommended Practice 1130, ``Computational Pipeline
Monitoring for Liquids: Pipeline Segment,'' 3rd edition, September
2007, (API RP 1130), IBR approved for Sec. Sec. 195.134 and 195.444.
(8) API Recommended Practice 1162, ``Public Awareness Programs for
Pipeline Operators,'' 1st edition, December 2003, (API RP 1162), IBR
approved for Sec. 195.440(a), (b), and (c).
(9) API Recommended Practice 1165, ``Recommended Practice for
Pipeline SCADA Displays,'' First edition, January 2007, (API RP 1165),
IBR approved for Sec. 195.446(c).
(10) API Recommended Practice 1168, ``Pipeline Control Room
Management,'' First edition, September 2008, (API RP 1168), IBR
approved for Sec. 195.446(c) and (f).
(11) API Recommended Practice 2003, ``Protection against Ignitions
Arising out of Static, Lightning, and Stray Currents,'' 7th edition,
January 2008, (API RP 2003), IBR approved for Sec. 195.405(a).
(12) API Recommended Practice 2350, ``Overfill Protection for
Storage Tanks in Petroleum Facilities,'' 3rd edition, January 2005,
(API RP 2350), IBR approved for Sec. 195.428(c).
(13) API Specification 5L, ``Specification for Line Pipe,'' 45th
edition, effective July 1, 2013, (ANSI/API Spec 5L), IBR approved for
Sec. 195.106(b) and (e).
(14) ANSI/API Specification 6D, ``Specification for Pipeline
Valves,'' 23rd edition, effective October 1, 2008, (including Errata 1
(June 2008), Errata 2 (November 2008), Errata 3 (February 2009), Errata
4 (April 2010), Errata 5 (November 2010), and Errata 6 (August 2011);
Addendum 1 (October 2009), Addendum 2 (August 2011), and Addendum 3
(October 2012)); (ANSI/API Spec 6D), IBR approved for Sec. 195.116(d).
(15) API Specification 12F, ``Specification for Shop Welded Tanks
for Storage of Production Liquids,'' 12th edition, October 2008,
effective April 1, 2009, (API Spec 12F), IBR approved for Sec. Sec.
195.132(b); 195.205(b); 195.264(b) and (e); 195.307(a); 195.565;
195.579(d).
(16) API Standard 510, ``Pressure Vessel Inspection Code: In-
Service Inspection, Rating, Repair, and Alteration,'' 9th edition, June
2006, (API Std 510), IBR approved for Sec. Sec. 195.205(b);
195.432(c).
(17) API Standard 620, ``Design and Construction of Large, Welded,
Low-Pressure Storage Tanks,'' 11th edition February 2008 (including
addendum 1 (March 2009), addendum 2 (August 2010), and addendum 3
(March 2012)), (API Std 620), IBR approved for Sec. Sec. 195.132(b);
195.205(b); 195.264(b) and (e); 195.307(b); 195.565, 195.579(d).
(18) API Standard 650, ``Welded Steel Tanks for Oil Storage,'' 11th
edition, June 2007, effective February 1, 2012, (including addendum 1
(November 2008), addendum 2 (November 2009), addendum 3 (August 2011),
and errata (October 2011)), (API Std 650), IBR approved for Sec. Sec.
195.132(b); 195.205(b); 195.264(b), (e); 195.307(c) and (d); 195.565;
195.579(d).
(19) API Standard 653, ``Tank Inspection, Repair, Alteration, and
Reconstruction,'' 3rd edition, December 2001, (including addendum 1
(September 2003), addendum 2 (November 2005), addendum 3 (February
2008), and errata (April 2008)), (API Std 653), IBR approved for
Sec. Sec. 195.205(b), 195.307(d), and 195.432(b).
(20) API Standard 1104, ``Welding of Pipelines and Related
Facilities,'' 20th edition, October 2005, (including errata/addendum
(July 2007) and errata 2 (2008), (API Std 1104)), IBR approved for
Sec. Sec. 195.214(a), 195.222(a) and (b), 195.228(b).
(21) ANSI/API Standard 2000, ``Venting Atmospheric and Low-pressure
Storage Tanks,'' 6th edition, November 2009, (ANSI/API Std 2000), IBR
approved for Sec. 195.264(e).
[[Page 185]]
(22) API Standard 2510, ``Design and Construction of LPG
Installations,'' 8th edition, 2001, (API Std 2510), IBR approved for
Sec. Sec. 195.132(b), 195.205(b), 195.264 (b), (e); 195.307 (e),
195.428 (c); and 195.432 (c).
(c) ASME International (ASME), Two Park Avenue, New York, NY 10016,
800-843-2763 (U.S/Canada), Web site: http://www.asme.org/.
(1) ASME/ANSI B16.9-2007, ``Factory-Made Wrought Buttwelding
Fittings,'' December 7, 2007, (ASME/ANSI B16.9), IBR approved for Sec.
195.118(a).
(2) ASME/ANSI B31G-1991 (Reaffirmed 2004), ``Manual for Determining
the Remaining Strength of Corroded Pipelines,'' 2004, (ASME/ANSI B31G),
IBR approved for Sec. Sec. 195.452(h); and 195.587.
(3) ASME/ANSI B31.4-2006, ``Pipeline Transportation Systems for
Liquid Hydrocarbons and Other Liquids'' October 20, 2006, (ASME/ANSI
B31.4), IBR approved for Sec. Sec. 195.110(a); 195.452(h).
(4) ASME/ANSI B31.8-2007, ``Gas Transmission and Distribution
Piping Systems,'' November 30, 2007, (ASME/ANSI B31.8), IBR approved
for Sec. Sec. 195.5(a) and 195.406(a).
(5) ASME Boiler & Pressure Vessel Code, Section VIII, Division 1,
``Rules for Construction of Pressure Vessels,'' 2007 edition, July 1,
2007, (ASME BPVC, Section VIII, Division 1), IBR approved for
Sec. Sec. 195.124 and 195.307(e).
(6) ASME Boiler & Pressure Vessel Code, Section VIII, Division 2,
``Alternate Rules, Rules for Construction of Pressure Vessels,'' 2007
edition, July 1, 2007, (ASME BPVC, Section VIII, Division 2), IBR
approved for Sec. 195.307(e).
(7) ASME Boiler & Pressure Vessel Code, Section IX: ``Qualification
Standard for Welding and Brazing Procedures, Welders, Brazers, and
Welding and Brazing Operators,'' 2007 edition, July 1, 2007, (ASME
BPVC, Section IX), IBR approved for Sec. 195.222(a).
(d) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, P.O. Box C700, West Conshohocken, PA 119428, phone: 610-
832-9585, Web site: http://www.astm.org/.
(1) ASTM A53/A53M-10, ``Standard Specification for Pipe, Steel,
Black and Hot-Dipped, Zinc-Coated, Welded and Seamless,'' approved
October 1, 2010, (ASTM A53/A53M), IBR approved for Sec. 195.106(e).
(2) ASTM A106/A106M-10, ``Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature Service,'' approved April 1,
2010, (ASTM A106/A106M), IBR approved for Sec. 195.106(e).
(3) ASTM A333/A333M-11, ``Standard Specification for Seamless and
Welded Steel Pipe for Low-Temperature Service,'' approved April 1,
2011, (ASTM A333/A333M), IBR approved for Sec. 195.106(e).
(4) ASTM A381-96 (Reapproved 2005), ``Standard Specification for
Metal-Arc Welded Steel Pipe for Use with High-Pressure Transmission
Systems,'' approved October 1, 2005, (ASTM A381), IBR approved for
Sec. 195.106(e).
(5) ASTM A671/A671M-10, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures,''
approved April 1, 2010, (ASTM A671/A671M), IBR approved for Sec.
195.106(e).
(6) ASTM A672/A672M-09, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate
Temperatures,'' approved October 1, 2009, (ASTM A672/A672M), IBR
approved for Sec. 195.106(e).
(7) ASTM A691/A691M-09, ``Standard Specification for Carbon and
Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure Service at
High Temperatures,'' approved October 1, 2009, (ASTM A691), IBR
approved for Sec. 195.106(e).
(e) Manufacturers Standardization Society of the Valve and Fittings
Industry, Inc. (MSS), 127 Park St. NE., Vienna, VA 22180, phone: 703-
281-6613, Web site: http://www.mss-hq.org/.
(1) MSS SP-75-2008 Standard Practice, ``Specification for High-
Test, Wrought, Butt-Welding Fittings,'' 2008 edition, (MSS SP 75), IBR
approved for Sec. 195.118(a).
(2) [Reserved]
(f) NACE International (NACE), 1440 South Creek Drive, Houston, TX
77084, phone: 281-228-6223 or 800-797-6223, Web site: http://www.nace.org/Publications/.
(1) NACE SP0169-2007, Standard Practice, ``Control of External
Corrosion on Underground or Submerged Metallic Piping Systems''
reaffirmed March 15, 2007, (NACE SP0169), IBR approved for Sec. Sec.
195.571 and 195.573(a).
(2) ANSI/NACE SP0502-2010, Standard Practice, ``Pipeline External
Corrosion Direct Assessment Methodology,'' June 24, 2010, (NACE
SP0502), IBR approved for Sec. 195.588(b).
(g) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, phone: 617-984-7275, Web site: http://www.nfpa.org/.
(1) NFPA-30 (2012), ``Flammable and Combustible Liquids Code,''
including Errata 30-12-1 (9/27/11), and Errata 30-12-2 (11/14/11), 2012
edition, copyright 2011, (NFPA-30), IBR approved for Sec. 195.264(b).
(2) [Reserved]
(h) Pipeline Research Council International, Inc. (PRCI), c/o
Technical Toolboxes, 3801 Kirby Drive, Suite 520, P.O. Box 980550,
Houston, TX 77098, phone: 713-630-0505, toll free: 866-866-6766, Web
site: http://www.ttoolboxes.com/.
(1) AGA Pipeline Research Committee, Project PR-3-805 ``A Modified
Criterion for Evaluating the Remaining Strength of Corroded Pipe,''
December 22, 1989, (PR-3-805 (RSTRING)). IBR approved for Sec. Sec.
195.452(h); 195.587.
(2) [Reserved]
0
46. Amend Sec. 195.106 as follows:
0
a. In paragraph (b)(1)(i), remove the term ``API Specification 5L'' and
add in its place the term ``ANSI/API Spec 5L (incorporated by
reference, see Sec. 195.3)''.
0
b. Revise paragraph (e) to read as follows:
Sec. 195.106 Internal design pressure.
* * * * *
(e)(1) The seam joint factor used in paragraph (a) of this section
is determined in accordance with the following standards incorporated
by reference (see Sec. 195.3):
------------------------------------------------------------------------
Seam joint
Specification Pipe class factor
------------------------------------------------------------------------
ASTM A53/A53M.................... Seamless................ 1.00
Electric resistance 1.00
welded.
Furnace lap welded...... 0.80
Furnace butt welded..... 0.60
ASTM A106/A106M.................. Seamless................ 1.00
ASTM A333/A333M.................. Seamless................ 1.00
Welded.................. 1.00
[[Page 186]]
ASTM A381........................ Double submerged arc 1.00
welded.
ASTM A671/A671M.................. Electric-fusion-welded.. 1.00
ASTM A672/A672M.................. Electric-fusion-welded.. 1.00
ASTM A691/A691M.................. Electric-fusion-welded.. 1.00
ANSI/API Spec 5L................. Seamless................ 1.00
Electric resistance 1.00
welded.
Electric flash welded... 1.00
Submerged arc welded.... 1.00
Furnace lap welded...... 0.80
Furnace butt welded..... 0.60
------------------------------------------------------------------------
(2) The seam joint factor for pipe that is not covered by this
paragraph must be approved by the Administrator.
Sec. 195.116 [Amended]
0
47. Amend Sec. 195.116 (d) by removing the term ``API Standard 6D''
and adding in its place the term ``ANSI/API Spec 6D''.
Sec. 195.118 [Amended]
0
48. Amend Sec. 195.118 paragraph (a) by removing the term ``ASME/ANSI
B16.9 or MSS Standard Practice SP-75'' and adding in its place the term
``ASME/ANSI B16.9 or MSS SP-75 (incorporated by reference, see Sec.
195.3)''.
0
49. Section 195.124 is revised to read as follows:
Sec. 195.124 Closures.
Each closure to be installed in a pipeline system must comply with
the 2007 ASME Boiler and Pressure Vessel Code (BPVC) (Section VIII,
Division 1) (incorporated by reference, see Sec. 195.3) and must have
pressure and temperature ratings at least equal to those of the pipe to
which the closure is attached.
Sec. 195.132 [Amended]
0
50. Amend Sec. 195.132 as follows:
0
a. Amend paragraph (b)(1) by removing the term ``API Specification
12F'' and adding in its place ``API Spec 12F (incorporated by
reference, see Sec. 195.3)''.
0
b. Amend paragraph (b)(2) by removing the term ``API Standard 620'' and
adding in its place ``API Std 620 (incorporated by reference, see Sec.
195.3)''.
0
c. Amend paragraph (b)(3) by removing the term ``API Standard 650'' and
adding in its place ``API Std 650 (incorporated by reference, see Sec.
195.3)''.
0
d. Amend paragraph (b)(4) by removing the term ``API Standard 2510''
and adding in its place ``API Std 2510 (incorporated by reference, see
Sec. 195.3)''.
Sec. 195.134 [Amended]
0
51. Amend Sec. 195.134 by removing the term ``API 1130'' and adding in
its place ``API RP 1130 (incorporated by reference, see Sec. 195.3)''
the first instance and ``API RP 1130'' the second instance.
0
52. In 195.205, paragraph (b) is revised to read as follows:
Sec. 195.205 Repair, alteration and reconstruction of aboveground
breakout tanks that have been in service.
* * * * *
(b) After October 2, 2000, compliance with paragraph (a) of this
section requires the following:
(1) For tanks designed for approximate atmospheric pressure,
constructed of carbon and low alloy steel, welded or riveted, and non-
refrigerated; and for tanks built to API Std 650 (incorporated by
reference, see Sec. 195.3) or its predecessor Standard 12C; repair,
alteration; and reconstruction must be in accordance with API Std 653
(except section 6.4.3) (incorporated by reference, see Sec. 195.3).
(2) For tanks built to API Spec 12F (incorporated by reference, see
Sec. 195.3) or API Std 620 (incorporated by reference, see Sec.
195.3), repair, alteration, and reconstruction must be in accordance
with the design, welding, examination, and material requirements of
those respective standards.
(3) For high-pressure tanks built to API Std 2510 (incorporated by
reference, see Sec. 195.3), repairs, alterations, and reconstruction
must be in accordance with API Std 510 (incorporated by reference, see
Sec. 195.3).
0
53. Amend Sec. 195.207 as follows:
0
a. In paragraph (a), remove the term ``API Recommended Practice 5L1''
and add in its place the term ``API RP 5L1.''
0
b. In paragraph (b), remove the term ``API Recommended Practice 5LW''
and add in its place the term ``API RP 5LW.''
0
c. Add a new paragraph (c) to read as set forth below:
Sec. 195.207 Transportation of pipe.
* * * * *
(c) Truck. In a pipeline to be operated at a hoop stress of 20
percent or more of SMYS, an operator may not use pipe having an outer
diameter to wall thickness ratio of 70 to 1, or more, that is
transported by truck unless the transportation is performed in
accordance with API RP 5LT (incorporated by reference, see Sec.
195.3).
0
54. In Sec. 195.214, revise 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 Std 1104 or
Section IX of the ASME Boiler and Pressure Vessel Code (ASME BPVC)
(incorporated by reference, see Sec. 195.3). The quality of the test
welds used to qualify the welding procedure shall be determined by
destructive testing.
* * * * *
0
55. In Sec. 195.222, revise the section heading and paragraphs (a) and
(b)(2) to read as follows:
Sec. 195.222 Welders: Qualification of welders and welding operators.
(a) Each welder or welding operator must be qualified in accordance
with section 6 or 12 of API Std 1104 (incorporated by reference, see
Sec. 195.3) or with Section IX of ASME Boiler and Pressure Vessel Code
(BPVC) (incorporated by reference, see Sec. 195.3), except that a
welder qualified under an earlier edition than listed in Sec. 195.3
may weld but may not re-qualify under that earlier edition.
(b) * * *
(2) Had one weld tested and found acceptable under section 9 or
Appendix A of API Std 1104 (incorporated by reference, see Sec.
195.3).
Sec. 195.228 [Amended]
0
56. Amend Sec. 195.228(b) by removing the term ``API 1104'' and adding
in its place the term ``API Std 1104'' in two locations.
0
57. In Sec. 195.264, paragraphs (b)(1) and (2) and (e)(1) through (4)
are revised to read as follows:
[[Page 187]]
Sec. 195.264 Impoundment, protection against entry, normal/emergency
venting or pressure/vacuum relief, for aboveground breakout tanks.
* * * * *
(b) * * *
(1) For tanks built to API Spec 12F, API Std 620, and others (such
as API Std 650 (or its predecessor Standard 12C)), the installation of
impoundment must be in accordance with the following sections of NFPA-
30 (incorporated by reference, see Sec. 195.3);
(i) Impoundment around a breakout tank must be installed in
accordance with section 22.11.2; and
(ii) Impoundment by drainage to a remote impounding area must be
installed in accordance with section 22.11.1.
(2) For tanks built to API Std 2510 (incorporated by reference, see
Sec. 195.3), the installation of impoundment must be in accordance
with section 5 or 11 of API Std 2510.
* * * * *
(e) * * *
(1) Normal/emergency relief venting installed on atmospheric
pressure tanks built to API Spec 12F must be in accordance with section
4 and Appendices B and C of API Spec 12F (incorporated by reference,
see Sec. 195.3).
(2) Normal/emergency relief venting installed on atmospheric
pressure tanks (such as those built to API Std 650 or its predecessor
Standard 12C) must be in accordance with API Std 2000 (incorporated by
reference, see Sec. 195.3).
(3) Pressure-relieving and emergency vacuum-relieving devices
installed on low-pressure tanks built to API Std 620 must be in
accordance with Section 9 of API Std 620 (incorporated by reference,
see Sec. 195.3) and its references to the normal and emergency venting
requirements in API Std 2000 (incorporated by reference, see Sec.
195.3).
(4) Pressure and vacuum-relieving devices installed on high-
pressure tanks built to API Std 2510 must be in accordance with
sections 7 or 11 of API Std 2510 (incorporated by reference, see Sec.
195.3).
0
58. Section 195.307 is revised to read as follows:
Sec. 195.307 Pressure testing aboveground breakout tanks.
(a) For aboveground breakout tanks built to API Spec 12F
(incorporated by reference, see Sec. 195.3) and first placed in
service after October 2, 2000, pneumatic testing must be performed in
accordance with section 5.3 of API Spec 12 F.
(b) For aboveground breakout tanks built to API Std 620
(incorporated by reference, see Sec. 195.3) and first placed in
service after October 2, 2000, hydrostatic and pneumatic testing must
be performed in accordance with section 7.18 of API Std 620.
(c) For aboveground breakout tanks built to API Std 650
(incorporated by reference, see Sec. 195.3) and first placed in
service after October 2, 2000, testing must be performed in accordance
with Sections 7.3.5 and 7.3.6 of API Standard 650.
(d) For aboveground atmospheric pressure breakout tanks constructed
of carbon and low alloy steel, welded or riveted, and non-refrigerated;
and tanks that are returned to service after October 2, 2000, and are
built to API Std 650 (incorporated by reference, see Sec. 195.3) or
its predecessor Standard 12C; the necessity for the hydrostatic testing
of repair, alteration, and reconstruction is covered in Section 12.3 of
API Std 653.
(e) For aboveground breakout tanks built to API Std 2510
(incorporated by reference, see Sec. 195.3) and first placed in
service after October 2, 2000, pressure testing must be performed in
accordance with 2007 ASME Boiler and Pressure Vessel Code (BPVC)
(Section VIII, Division 1 or 2).
0
59. Section 195.405 is revised to read as follows:
Sec. 195.405 Protection against ignitions and safe access/egress
involving floating roofs.
(a) After October 2, 2000, protection provided against ignitions
arising out of static electricity, lightning, and stray currents during
operation and maintenance activities involving aboveground breakout
tanks must be in accordance with API RP 2003 (incorporated by
reference, see Sec. 195.3), unless the operator notes in the
procedural manual (Sec. 195.402(c)) why compliance with all or certain
provisions of API RP 2003 is not necessary for the safety of a
particular breakout tank.
(b) The hazards associated with access/egress onto floating roofs
of in-service aboveground breakout tanks to perform inspection,
service, maintenance, or repair activities (other than specified
general considerations, specified routine tasks or entering tanks
removed from service for cleaning) are addressed in API Pub 2026
(incorporated by reference, see Sec. 195.3). After October 2, 2000,
the operator must review and consider the potentially hazardous
conditions, safety practices, and procedures in API Pub 2026 for
inclusion in the procedure manual (Sec. 195.402(c)).
0
60. In Sec. 195.432, revise paragraphs (b) and (c) to read as follows:
Sec. 195.432 Inspection of in-service breakout tanks.
* * * * *
(b) Each operator must inspect the physical integrity of in-service
atmospheric and low-pressure steel above-ground breakout tanks
according to API Std 653 (except section 6.4.3, Alternative Internal
Inspection Interval) (incorporated by reference, see Sec. 195.3).
However, if structural conditions prevent access to the tank bottom,
its integrity may be assessed according to a plan included in the
operations and maintenance manual under Sec. 195.402(c)(3). The risk-
based internal inspection procedures in API Std 653, section 6.4.3
cannot be used to determine the internal inspection interval.
(1) Operators who established internal inspection intervals based
on risk-based inspection procedures prior to March 6, 2015 must re-
establish internal inspection intervals based on API Std 653, section
6.4.2 (incorporated by reference, see Sec. 195.3).
(i) If the internal inspection interval was determined by the prior
risk-based inspection procedure using API Std 653, section 6.4.3 and
the resulting calculation exceeded 20 years, and it has been more than
20 years since an internal inspection was performed, the operator must
complete a new internal inspection in accordance with Sec.
195.432(b)(1) by January 5, 2017.
(ii) If the internal inspection interval was determined by the
prior risk-based inspection procedure using API Std 653, section 6.4.3
and the resulting calculation was less than or equal to 20 years, and
the time since the most recent internal inspection exceeds the re-
established inspection interval in accordance with Sec. 195.432(b)(1),
the operator must complete a new internal inspection by January 5,
2017.
(iii) If the internal inspection interval was not based upon
current engineering and operational information (i.e., actual corrosion
rate of floor plates, actual remaining thickness of the floor plates,
etc.), the operator must complete a new internal inspection by January
5, 2017 and re-establish a new internal inspection interval in
accordance with Sec. 195.432(b)(1).
(2) [Reserved]
(c) Each operator must inspect the physical integrity of in-service
steel aboveground breakout tanks built to API Std 2510 (incorporated by
reference, see Sec. 195.3) according to section 6 of API Std 510
(incorporated by reference, see Sec. 195.3).
* * * * *
[[Page 188]]
Sec. 195.444 [Amended]
0
61. Amend Sec. 195.444 by removing the term ``API 1130'' and adding in
its place ``API RP 1130 (incorporated by reference, see Sec. 195.3).''
0
62. In Sec. 195.452, revise paragraphs (h)(4)(i)(B), (h)(4)(iii)(D),
and paragraph (l)(1) to read as follows:
Sec. 195.452 Pipeline integrity management in high consequence areas.
* * * * *
(h) * * *
(4) * * *
(i) * * *
(B) A calculation of the remaining strength of the pipe shows a
predicted burst pressure less than the established maximum operating
pressure at the location of the anomaly. Suitable remaining strength
calculation methods include, but are not limited to, ASME/ANSI B31G
(incorporated by reference, see Sec. 195.3) and PRCI PR-3-805 (R-
STRENG) (incorporated by reference, see Sec. 195.3).
* * * * *
(iii) * * *
(D) A calculation of the remaining strength of the pipe shows an
operating pressure that is less than the current established maximum
operating pressure at the location of the anomaly. Suitable remaining
strength calculation methods include, but are not limited to, ASME/ANSI
B31G and PRCI PR-3-805 (R-STRENG).
* * * * *
(l) What records must an operator keep to demonstrate compliance?--
(1) An operator must maintain, for the useful life of the pipeline,
records that demonstrate compliance with the requirements of this
subpart. At a minimum, an operator must maintain the following records
for review during an inspection:
(i) A written integrity management program in accordance with
paragraph (b) of this section.
(ii) Documents to support the decisions and analyses, including any
modifications, justifications, deviations and determinations made,
variances, and actions taken, to implement and evaluate each element of
the integrity management program listed in paragraph (f) of this
section.
* * * * *
0
63. Section 195.565 is revised to read as follows:
Sec. 195.565 How do I install cathodic protection on breakout tanks?
After October 2, 2000, when you install cathodic protection under
Sec. 195.563(a) to protect the bottom of an aboveground breakout tank
of more than 500 barrels 79.49m3 capacity built to API Spec 12F
(incorporated by reference, see Sec. 195.3), API Std 620 (incorporated
by reference, see Sec. 195.3), API Std 650 (incorporated by reference,
see Sec. 195.3), or API Std 650's predecessor, Standard 12C, you must
install the system in accordance with ANSI/API RP 651 (incorporated by
reference, see Sec. 195.3). However, you don't need to comply with
ANSI/API RP 651 when installing any tank for which you note in the
corrosion control procedures established under Sec. 195.402(c)(3) why
complying with all or certain provisions of ANSI/API RP 651 is not
necessary for the safety of the tank.
0
64. In Sec. 195.573, revise paragraph (d) to read as follows:
Sec. 195.573 What must I do to monitor external corrosion control?
* * * * *
(d) Breakout tanks. You must inspect each cathodic protection
system used to control corrosion on the bottom of an aboveground
breakout tank to ensure that operation and maintenance of the system
are in accordance with API RP 651 (incorporated by reference, see Sec.
195.3). However, this inspection is not required if you note in the
corrosion control procedures established under Sec. 195.402(c)(3) why
complying with all or certain operation and maintenance provisions of
API RP 651 is not necessary for the safety of the tank.
* * * * *
0
65. In Sec. 195.579, revise paragraph (d) to read as follows:
Sec. 195.579 What must I do to mitigate internal corrosion?
* * * * *
(d) Breakout tanks. After October 2, 2000, when you install a tank
bottom lining in an aboveground breakout tank built to API Spec 12F
(incorporated by reference, see Sec. 195.3), API Std 620 (incorporated
by reference, see Sec. 195.3), API Std 650 (incorporated by reference,
see Sec. 195.3), or API Std 650's predecessor, Standard 12C, you must
install the lining in accordance with API RP 652 (incorporated by
reference, see Sec. 195.3). However, you don't need to comply with API
RP 652 when installing any tank for which you note in the corrosion
control procedures established under Sec. 195.402(c)(3) why compliance
with all or certain provisions of API RP 652 is not necessary for the
safety of the tank.
0
66. Section 195.587 is revised to read as follows:
Sec. 195.587 What methods are available to determine the strength of
corroded pipe?
Under Sec. 195.585, you may use the procedure in ASME/ANSI B31G
(incorporated by reference, see Sec. 195.3) or in PRCI PR-3-805 (R-
STRENG) (incorporated by reference, see Sec. 195.3) to determine the
strength of corroded pipe based on actual remaining wall thickness.
These procedures apply to corroded regions that do not penetrate the
pipe wall, subject to the limitations set out in the respective
procedures.
PART 198--REGULATIONS FOR GRANTS TO AID STATE PIPELINE SAFETY
PROGRAMS
0
67. The authority citation for Part 198 continues to read as follows:
Authority: 49 U.S.C. 60105, 60106, 60114, and 49 CFR 1.53.
Sec. 198.37 [Amended]
0
68. Amend paragraph (f) by removing the phrase ``Sec. 192.614 (b)(4)
through (b)(6)'' and adding in its place ``Sec. 192.614 (c)(4) through
(c)(6).''
PART 199--DRUG AND ALCOHOL TESTING
0
69. The authority citation for Part 199 continues to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and
60118; and 49 CFR 1.53.
Sec. 199.111 [Removed and Reserved]
0
70. Remove and reserve Sec. 199.111.
Issued in Washington, DC, on December 18, 2014, under authority
delegated in 49 CFR 1.97(a).
Timothy P. Butters,
Acting Administrator.
[FR Doc. 2014-30336 Filed 1-2-15; 8:45 am]
BILLING CODE 4910-60-P