[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Rules and Regulations]
[Pages 33264-33284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08624]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 192, and 195
[Docket No. PHMSA-2016-0002; Amdt. Nos. 192-135, 195-107]
RIN 2137-AF13
Pipeline Safety: Periodic Updates of Regulatory References to
Technical Standards and Miscellaneous Amendments
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: PHMSA is amending the Federal pipeline safety regulations
(PSRs) to incorporate by reference all or parts of more than 20 new or
updated voluntary, consensus industry technical
[[Page 33265]]
standards. This action allows pipeline operators to use current
technologies, improved materials, and updated industry and management
practices. Additionally, PHMSA is clarifying certain regulatory
provisions and making several editorial corrections.
DATES: The effective date of this final rule is June 28, 2024. The
incorporation by reference of certain publications listed in the rule
is approved by the Director of the Federal Register as of June 28,
2024.
FOR FURTHER INFORMATION CONTACT:
Technical Information: Rod Seeley by phone at 281 513-1741 or by
email at [email protected].
Regulatory Information: Brianna Wilson by phone at 771-215-0969 or
by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. Notice of Proposed Rulemaking
III. Pipeline Advisory Committee Meetings
IV. Summary of Comments, GPAC/LPAC Discussion, and PHMSA Response
V. Summary of Final Rule
VI. Regulatory Analyses and Notices
I. Background
A. Purpose of This Rule
This final rule incorporates by reference more than 20 new or
updated voluntary, consensus industry technical standards (updated
industry standards) within the PSRs (49 Code of Federal Regulation
(CFR) parts 190-199). These updated standards will maintain or improve
public safety and environmental protection, prevent regulatory
confusion, reduce compliance burdens on stakeholders, and satisfy a
mandate in the National Technology Transfer and Advancement Act (NTTAA)
of 1995 (15 United States Code (U.S.C.) 272 (note)) directing Federal
agencies to, ``when practical and consistent with applicable laws, use
technical standards developed by voluntary consensus standard bodies
instead of government-developed technical standards.''
PHMSA incorporates more than 80 industry standards by reference
into the PSRs; however, many standards become outdated over time as new
editions become available. By updating these standards, PHMSA ensures
better alignment of the PSRs with the latest innovations in operational
and management practices, materials, testing, and technological
advancements; enhances compliance by avoiding conflict between
different versions of the same industry standards; and facilitates
safety-focused allocation of resources by pipeline operators. PHMSA
consequently concludes that each of the updated standards in this final
rule will either maintain or enhance the protection of public safety
and the environment--including avoidance of greenhouse gas emissions in
the form of methane releases from gas pipelines. PHMSA further
concludes that each of the final rule's updated standards are
technically feasible, reasonable, cost-effective, and practicable
because of their respective anticipated commercial, public safety, and
environmental benefits; and because the benefits better support PHMSA's
safety and environmental priorities compared to alternatives, thereby
justifying any associated compliance costs.
B. History of Incorporation by Reference
The Office of Management and Budget (OMB) sets the policy for
Federal use and development of voluntary, consensus industry technical
standards in OMB Circular A-119 (``Federal Participation in the
Development and Use of Voluntary Consensus Standards and in Conformity
Assessment Activities'').\1\ Material that is incorporated by reference
(IBR) is treated as if it were published in full in the Federal
Register and the PSRs. Therefore, like any other rule issued in the
Federal Register, a voluntary, consensus industry technical standard
that has been incorporated by reference has the full force and effect
of the law. As specified in 1 CFR 51.1(c), the Director of the Federal
Register has the authority to determine whether material that is
proposed for IBR serves the public interest. If a provision of an
incorporated standard conflicts with a regulation, the regulation takes
precedence unless the regulation expressly provides otherwise.
---------------------------------------------------------------------------
\1\ OMB, Circular No. A-119 (Feb. 10, 1998), available at:
https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-119-1.pdf.
---------------------------------------------------------------------------
PHMSA has incorporated more than 80 industry standards by reference
into the PSRs. The lists of publications that PHMSA has incorporated
into parts 192 (which regulates the transportation of gas by pipeline)
and 195 (which regulates the transportation of hazardous liquids and
carbon dioxide by pipeline) are found in Sec. Sec. 192.7 and 195.3,
respectively. Previous rules that incorporated updated industry
standards by reference were published on May 24, 1996 (61 FR 26121);
February 17, 1998 (63 FR 7721); June 14, 2004 (69 FR 32886); June 9,
2006 (71 FR 33402); February 1, 2007 (72 FR 4655 (correction)); August
11, 2010 (75 FR 48593); January 5, 2015 (80 FR 168); and August 6, 2015
(80 FR 46847 (correction)).\2\
---------------------------------------------------------------------------
\2\ PHMSA is also pursuing another periodic standards update
rulemaking (under RIN2137-AF48) in parallel with issuance of this
final rule. See PHMSA, ``Pipeline Safety: Periodic Standards Update
II--Proposed Rule,'' 87 FR 52713 (Aug. 29, 2022).
---------------------------------------------------------------------------
The voluntary, consensus industry technical standards related to
pipeline facilities that are incorporated within the PSRs are developed
or adopted by domestic and international standard-development
organizations (SDOs). Approximately every two to five years, these
organizations use agreed-upon procedures to update and revise their
published standards to reflect the latest developments in technology,
testing, and operational practices. New or updated industry standards
often incorporate new technologies, materials, management practices,
and other innovations that can improve the physical integrity, and the
safe and environmentally protective operation of pipeline facilities.
PHMSA employees participate in meetings held by 25 domestic SDOs
that address the design, construction, maintenance, inspection,
operation, and repair of pipeline facilities. PHMSA's subject-matter
experts represent the Agency in all dealings with the SDOs; participate
in discussions and technical debates; register opinions; and vote in
accordance with the procedures of the SDOs at each stage of the
standards-development process (unless prohibited from doing so by law).
PHMSA participates in this process to ensure the Agency's safety and
environmental priorities are considered, and to avoid the need to
develop separate, government-unique standards.
PHMSA also regularly reviews updated editions of currently
referenced industry standards and amends the PSRs to partially or fully
incorporate updated standards that will enhance or maintain pipeline
and environmental safety. This ensures that the PSRs incorporate and
facilitate the use of the latest technologies, materials, management
and operational practices, testing, and other innovations. The adoption
of more recent editions of industry standards also prevents conflicts
between the standards referenced in the PSRs and updated versions of
the same standards with which operators and suppliers may voluntarily
comply, thereby (1) avoiding the confusion and expense associated with
ensuring compliance with competing versions of the same standard; and
(2) improving compliance and allowing the allocation of more operator
resources toward safety and
[[Page 33266]]
environmental protection. PHMSA reviewed the updated standards
discussed in this final rule and finds them appropriate for IBR within
the PSRs.
C. Availability of Materials to Interested Parties
Pursuant to section 24 of the Pipeline Safety, Regulatory
Certainty, and Job Creation Act of 2011 (Pub. L. 112-90, 49 U.S.C.
60102(p), as amended), ``the Secretary may not issue a regulation
pursuant to this chapter that incorporates any documents or portions
thereof unless the documents or portions thereof are made available to
the public, free of charge.'' On November 7, 2014, the Office of the
Federal Register issued a final rule that revised 1 CFR 51.5 to require
every Federal agency to ``[d]iscuss, in the preamble of the proposed
rule, the ways that the materials it proposes to incorporate by
reference are reasonably available to interested parties or how it
worked to make those materials reasonably available to interested
parties[.]'' \3\
---------------------------------------------------------------------------
\3\ Office of the Federal Register, ``Incorporation by
Reference--Final Rule,'' 79 FR 66267 (Nov. 7, 2014).
---------------------------------------------------------------------------
PHMSA consequently has negotiated agreements to make viewable
copies of the standards available to the public at no cost with all but
two of the SDOs whose updated standards PHMSA now incorporates by
reference in the PSRs in this final rule. The organizations that agreed
to the public access requirements of the statutory mandate discussed
above are: the American Petroleum Institute (API), the American Gas
Association (AGA), ASTM International (formerly the American Society
for Testing and Materials), the Gas Technology Institute (GTI), the
Manufacturers Standardization Society of the Valve and Fittings
Industry, Inc. (MSS), the Association for Materials Protection and
Performance (AMPP), the National Fire Protection Association (NFPA),
and the Plastics Pipe Institute (PPI).\4\ Each organization's mailing
address and website is listed in 49 CFR parts 192 and 195. As of the
date of publication of this final rule, PHMSA was not able to reach a
general agreement with the American Society of Mechanical Engineers
(ASME) to make the standards readily available online as ASME relies
heavily on the revenue the standards generate.\5\ Individuals and
organizations may temporarily access the ASME standards incorporated by
reference in this final rule, as well as any other standard in this
final rule that is not otherwise available from the relevant SDO, by
contacting PHMSA at the following email address:
[email protected]. Such requests should include a phone number,
physical address, and an email address.
---------------------------------------------------------------------------
\4\ ASTM updates some of its more widely used standards every
year, and sometimes SDOs publish multiple editions of a standard in
a given year. NACE International and the Society for Protective
Coatings merged to form AMPP, which is why NACE standards are listed
under AMPP.
\5\ At the joint October 2021 GPAC/LPAC meeting, the committees
raised concerns regarding the availability of ASME standards. The
committees recommended PHMSA work with the pipeline advisory
committees and other pipeline safety representatives to establish an
agreement with ASME to provide viewable copies of the standards
incorporated by reference in the PSRs permanently available on the
internet for free to the general public. Joint Gas and Liquid
Pipeline Advisory Committee Meeting Transcript, Docket No. PHMSA-
2021-0069-0005 at 86:2-11, (Oct. 21, 2021) (Joint GPAC/LPAC
Transcript).
---------------------------------------------------------------------------
The API standards incorporated in this final rule are available
from the following website: https://publications.api.org/IBR-Documents-Under-Consideration.aspx.
The ASTM standards incorporated in this final rule are available
from the following website: https://www.astm.org/products-services/reading-room.html.
The MSS standards incorporated in this final rule are available
from the following website: https://ibr.ansi.org/standards/mss.aspx.
The AMPP: NACE standards incorporated in this final rule are
available from the following website: https://ibr.ansi.org/Standards/nace.aspx.
Finally, the NFPA standards incorporated in this final rule are
available from the following website: https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/List-of-Codes-and-Standards.
In addition, the ASME standards incorporated in this final rule are
available by contacting PHMSA at the following email address:
[email protected].
Additional information regarding standards availability can be
found at https://www.phmsa.dot.gov/standards-rulemaking/pipeline/standards-incorporated-reference.
II. Notice of Proposed Rulemaking
On January 15, 2021, PHMSA published a notice of proposed
rulemaking to incorporate by reference new or updated editions of
voluntary, consensus industry technical standards into the PSRs.\6\
PHMSA proposed to incorporate by reference all or parts of more than 20
updated industry standards and make editorial corrections to certain
regulations. The NPRM described with respect to each proposed industry
standard (1) the provisions within the PSR in which it is incorporated
by reference; (2) how each such standard contributed to pipeline safety
or environmental protection; and (3) if the standard was an update to a
standard previously incorporated by reference in the PSR, any material
changes between the previous version of that industry standard and the
updated version proposed for incorporation in the PSR. PHMSA requested
comment from the public, state pipeline safety regulators, and other
stakeholders, and considered this input when drafting the final version
of this rule.
---------------------------------------------------------------------------
\6\ PHMSA, ``Pipeline Safety: Periodic Updates of Regulatory
References to Technical Standards and Miscellaneous Amendments--
Proposed Rule,'' 86 FR 3938 (Jan. 15, 2021) (NPRM).
---------------------------------------------------------------------------
III. Pipeline Advisory Committee Meeting
On October 20 and 21, 2021, PHMSA discussed the NPRM with the
Technical Pipeline Safety Standards Committee (also known as the Gas
Pipeline Advisory Committee (GPAC)), and the Technical Hazardous Liquid
Pipeline Safety Standards Committee (also known as the Liquid Pipeline
Advisory Committee (LPAC)). These committees are statutorily mandated
advisory committees that, respectively, advise PHMSA on proposed gas
and hazardous liquid (including carbon dioxide) pipeline facility
regulatory amendments and associated risk assessments.\7\ These
committees are comprised of equal representation from the government,
industry, and the general public. The members of these committees
review standards proposed in an NPRM for incorporation within the PSRs
for cost-effectiveness, reasonableness, practicability, and technical
feasibility, and provide recommendations that PHMSA considers in
adopting this or any other final rule.
---------------------------------------------------------------------------
\7\ PHMSA established these committees in accordance with its
enabling statute (49 U.S.C. 60115) and the Federal Advisory
Committee Act (5 U.S.C. App. 2, as amended), its implementing
regulations (41 CFR parts 101-106), and DOT policies (Department of
Transportation (DOT) Order 1120.3C).
---------------------------------------------------------------------------
The Joint GPAC/LPAC Transcript from that meeting and all
presentation materials are available both in the docket for the
rulemaking and on the web page that PHMSA created for the meeting.\8\
Additional information
[[Page 33267]]
regarding the GPAC and LPAC recommendations on the NPRM may be found in
section IV below.
---------------------------------------------------------------------------
\8\ Gas Pipeline Advisory Committee (GPAC) and Liquid Pipeline
Advisory Committee (LPAC) Meeting (Oct. 21, 2021), available at:
https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=156.
---------------------------------------------------------------------------
IV. Summary of Comments, GPAC/LPAC Discussion, and PHMSA Response
On January 15, 2021, PHMSA published the NPRM proposing to
incorporate by reference all or parts of more than 20 new or revised
consensus standards and to make several miscellaneous editorial or
technical amendments.
The comment period for the NPRM ended on March 16, 2021. PHMSA
received 10 comments on the NPRM, including five late-filed
comments.\9\ Pursuant to 49 CFR 190.323, PHMSA considered late-filed
comments along with timely-received comments, as PHMSA's consideration
of those late-filed was practicable in that their review did not add
additional expense or delay to PHMSA's issuance of this final rule. The
commenters on the NPRM who filed before the joint GPAC/LPAC meeting are
as follows: Aaron Adamczyk; the Alyeska Pipeline Service Company; an
anonymous commenter; the American Fuel & Petrochemical Manufacturers;
the American Petroleum Institute; ASME; the National Propane Gas
Association; and a joint comment from a number of organizations,
hereafter referred to as ``the Associations'' (the American Petroleum
Institute, Interstate Natural Gas Association of America (INGAA), GPA
Midstream Association, American Gas Association, and American Public
Gas Association). The commenters on the NPRM who filed after the joint
GPAC/LPAC meeting are as follows: a joint comment from the American Gas
Association, American Petroleum Institute, American Public Gas
Association, GPA Midstream Association, and Interstate Natural Gas
Association of America (collectively ``AAAGI''), and a joint comment
from Association of Oil Pipelines, American Petroleum Institute, and
GPA Midstream Association (collectively ``AAG'').
---------------------------------------------------------------------------
\9\ Two of the five late-filed comments were submitted after the
October 2022 joint GPAC/LPAC meeting. Comments in Response to the
PHMSA Public Meeting, PHMSA-2021-0069-0006 (Nov. 16, 2021); Comments
on the Oct. 2021 Joint Gas and Liquid Pipeline Advisory Committee
Meeting, PHMSA-2021-0069-0008 (Nov. 22, 2021).
---------------------------------------------------------------------------
PHMSA discusses below comments received from stakeholders (in
written comments or during the GPAC/LPAC meeting) on a handful of
specific industry standards and editorial and technical corrections
proposed by the NPRM for incorporation in the PSRs. In connection with
those and any other industry standards, technical corrections, and
editorial corrections proposed in the NPRM, PHMSA incorporates by
reference within this final rule its NPRM discussions of those proposed
regulatory amendments--including but not limited to, its description in
the NPRM of the content of any updated standards and corrections, and
the safety and environmental benefits anticipated from those
amendments. After evaluating its preliminary assessments of those
proposed regulatory amendments against stakeholder comments discussed
below, as well as pertinent discussion during and recommendations of
the GPAC/LPAC, PHMSA concludes that adoption of its proposed regulatory
amendments (as modified below) will better align the PSRs with the
latest innovations in operational and management practices, materials,
testing, and technological advancements; enhance compliance by avoiding
conflict between different versions of the same industry standards; and
facilitate safety-focused allocation of resources by pipeline
operators. PHMSA therefore concludes that the each of the amendments to
the PSR adopted in this final rule are technically feasible, cost-
effective, reasonable, and practicable in light of their respective
anticipated commercial, public safety, and environmental benefits that
justify any associated compliance costs.
A. Stakeholder Comments and GPAC/LPAC Discussion
PHMSA received a number of comments generally supportive of its
proposed IBR of updated industry standards and codification of
technical and editorial corrections, with several comments calling on
PHMSA to update the standards referenced in the PSRs more frequently
than historical practice. A number of other comments PHMSA received on
the NPRM or during the GPAC/LPAC meeting concerned retroactive
application of the proposed updated industry standards; compliance
timelines; minor editorial corrections to the PSR or the NPRM's
proposed regulatory amendments; as well as some matters that were
outside of the scope of this rulemaking.
PHMSA received one comment on the NPRM from the Alyeska Pipeline
Service Company regarding the proposed IBR of an updated version of API
Spec 6D.\10\ API Spec 6D, whose 23rd edition is currently incorporated
by reference in Sec. Sec. 192.145 and 195.116, defines the design,
manufacturing, assembly, testing, and documentation requirements for
valves used in pipeline systems. The 24th edition of API Spec 6D
includes several clarifications, safety improvements, and editorial
revisions, including clarified bore tolerance specifications for full-
opening valves; new procedures for installers when no minimum bore
tolerances are listed in the specification; and updates specifying that
calibration intervals should not exceed one year. Alyeska recommended
that PHMSA should, when incorporating by reference the 24th edition of
API Spec 6D, include allowances for legacy designs that incorporate
flanged valves with intermediate design pressures since the 24th
edition of API Spec 6D prohibits designing flanged valves with
intermediate pressure ratings. Alyeska stated that that its own flange
connections exceed ASME B16.47 \11\--but not API Spec 6D--because they
``us[e] special bolting dimensions as an extra safety measure not
required.'' Because of this, they stated that PHMSA's safety concerns
regarding installing lower-pressure-rated valves motivating its
proposed IBR of the updated version of API Spec 6D would not apply to
its pipeline facilities. PHMSA notes, however, that the updated version
of API Spec 6D will not apply retroactively; it will apply only to the
design, installation, or construction of valves as they are new,
replaced, relocated, or otherwise changed.
---------------------------------------------------------------------------
\10\ API Specification 6D, ``Specification for Pipeline and
Piping Valves,'' 24th edition (Aug. 2014) (API Spec 6D).
\11\ ASME B16.47, ``Large Diameter Steel Flanges: NPS 26 through
NPS 60, Metric/Inch Standard'' (2020).
---------------------------------------------------------------------------
Additionally, the Associations' joint comment requested that PHMSA
continue to allow operators to install pipe that is compliant with the
45th edition of API Spec 5L until January 1, 2022, since the 46th
edition of API Spec 5L PHMSA proposed to IBR in the NPRM is relatively
recent and thus the supply chain is not yet fully stocked with the
compliant materials.\12\ API Spec 5L is the primary manufacturing
specification for seamless and welded steel pipe used in gas, hazardous
liquid, and carbon dioxide pipeline transportation systems. This
comment also requested that PHMSA continue to allow operators to
install flanges that are compliant with the 2019 edition of MSS SP-44
\13\ until January 1, 2022. PHMSA
[[Page 33268]]
notes that the date the Associations anticipate the supply chain will
be stocked with compliant materials has passed; because this final rule
is publishing nearly two years after the projected date, PHMSA
understands that there is no need for a delayed compliance date unique
to its adoption of an updated version of API Spec 5L.
---------------------------------------------------------------------------
\12\ API Specification (Spec) 5L, ``Specification for Line
Pipe,'' 45th edition (July 2013); API Specification (Spec) 5L,
``Specification for Line Pipe,'' 46th edition (Apr. 2018) (API Spec
5L).
\13\ MSS SP-44-2019, Standard Practice, ``Steel Pipeline
Flanges'' (Apr. 2020) (MSS SP-44).
---------------------------------------------------------------------------
PHMSA also received comments that were inapplicable for a variety
of reasons. Some of those comments were inapplicable because they
assumed potential application to existing pipeline facilities of
updated voluntary industry standards that would be incorporated by
reference within design, testing, or installation standards that are
subject to the statutory retroactivity prohibition at 49 U.S.C.
60104(b). The retroactivity prohibition restricts the application of
certain new standards to an existing pipeline facility unless that
pipeline facility is new, replaced, relocated, or changed. Other
comments were inapplicable because this final rule did not publish
before alternative compliance dates proposed by the comments. Further,
many of the comments that PHMSA received were outside of the scope of
this rulemaking as defined by the proposals in the NPRM. For example,
the Associations' joint comment requested that PHMSA incorporate by
reference a number of updated voluntary, consensus industry technical
standards not proposed in the NPRM, including the following: API
Recommended Practice (RP) 1181 (to implement section 109 of the
Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of
2020 (Pub. L. 116-260)); the second edition of API RP 80 (to enhance
operators' understanding and compliance with safety requirements);
Addendum 2 to the 12th edition of API Standard (Std.) 620 Errata 1 to
the 13th edition of API Std. 650; and a more recent edition of API Std.
653.\14\ Although PHMSA is considering incorporating these standards
for inclusion in the future in a separate rulemaking after evaluation,
it declines to adopt those standards in this rulemaking without
providing the public an opportunity to review and comment upon those
standards. One exception is PHMSA's incorporation of Errata 1 (January
2021) to the 13th edition of API Std. 650 since the errata only
contains editorial changes. PHMSA is also incorporating errata to each
of API Spec 6D (Errata 10, July 2021) and the 5th edition of API 2350
(Errata 1, April 2021) since they also only contain technical edits.
PHMSA further notes that, pursuant to Sec. 190.331, any interested
person (including the Associations) may petition PHMSA to establish,
amend, or repeal a substantive regulation, to include the IBR of
updated voluntary industry standards.
---------------------------------------------------------------------------
\14\ For more information on these standards, please see the
Associations' joint comment. Comment from API et al., Docket No.
PHMSA-2016-0002-0005 (March 15, 2021).
---------------------------------------------------------------------------
The Associations' joint comment also asked PHMSA to correct an
allegedly erroneous reference to API RP 1130 in Sec. 195.3(b)(7).\15\
The joint comment specified that the PSRs currently reference the third
edition of API RP 1130 while the most recent edition of API RP 1130 is
the first edition. PHMSA has reviewed the history of API RP 1130 and
its incorporation into the PSRs and determined that the reference in
Sec. 195.3(b)(7) is correct. On January 5, 2015, PHMSA replaced the
second edition of API 1130 (which had been issued in 2002) with the
third edition of API RP 1130 (which had been issued in 2007). However,
PHMSA notes that API subsequently in 2017 reaffirmed the 2007 version
of API RP 1130 and re-characterized it as the first edition of API RP
1130. PHMSA will therefore retain the current reference to the third
edition of API RP 1130.
---------------------------------------------------------------------------
\15\ API Recommended Practice 1130, ``Computational Pipeline
Monitoring for Liquids: Pipeline Segment,'' 3rd edition (Sept. 2007)
(API RP 1130).
---------------------------------------------------------------------------
Both the GPAC and LPAC discussions and voting were broadly
supportive of the proposed amendments in the NPRM. The GPAC voted
unanimously to endorse as ``technically feasible, reasonable, cost-
effective, and practicable'' almost all of PHMSA's proposed IBR of the
updated industry standards and miscellaneous amendments within part
192. However, as discussed further in section IV.C. below, the GPAC
qualified its endorsement of PHMSA's proposed IBR of the 2016 edition
of ASME B31.8S by calling on PHMSA to IBR a more recent (2018) version
of that standard and to make conforming revisions to the PSR provisions
(including Sec. 192.11(m)) referencing that newer version of the
standard. The GPAC also called on PHMSA to work towards an agreement
with ASME to make its standards available for free on the internet to
the public.
The LPAC also voted unanimously to endorse as ``technically
feasible, reasonable, cost-effective, and practicable'' almost all of
PHMSA's proposed IBR of the updated industry standards and
miscellaneous amendments within part 195. However, as discussed further
in sections IV.B. and D below, the LPAC qualified its endorsement of
PHMSA's proposed IBR of the 5th edition of API Std. 2350 and the 4th
edition of API RP 651. And like the GPAC, the LPAC also called on PHMSA
to work towards an agreement with ASME to make its standards available
for free on the internet to the public.
B. API Std 2350
API Std 2350 applies to overfill and damage-prevention practices
for aboveground storage tanks associated with facilities that receive
flammable and combustible petroleum liquids, such as refineries,
marketing terminals, bulk plants, and pipeline terminals. The PSRs
currently reference the third edition of this document in Sec.
195.428(c) governing aboveground breakout tanks.\16\ Material changes
introduced between the 3rd and 5th editions of API Std 2350 are
described at length in the NPRM and include the development of policies
and procedures for overfill protection processes and risk assessments.
---------------------------------------------------------------------------
\16\ PHMSA notes that the version of this document currently
referenced in the PSRs was characterized by API as a ``recommended
practice.'' API now characterizes this document as a ``standard.''
---------------------------------------------------------------------------
PHMSA received a comment from the American Fuel & Petrochemical
Manufacturers regarding its proposed IBR of the 5th edition of API Std
2350. The American Fuel & Petrochemical Manufacturers expressed concern
that it is unclear which provision of API Std 2350 applies to existing
tank overfill systems, and that the current wording of the regulatory
text would require operators to significantly expand their physical
programs and make numerous changes to their operational parameters if
PHMSA incorporated the updated API Std 2350. They specifically noted
that Sec. 195.428(c) states that operators must only install overfill
systems in accordance with API RP 2350, but that provision fails to
specify which sections of API Std 2350 operators should reference for
such installations--a potential source of confusion for regulated
entities because API Std 2350 contains elements pertaining to
installation as well as maintenance and operation. They consequently
requested that PHMSA amend the text of Sec. 195.428(c) to identify
precisely which sections of API Std 2350 govern installing an overfill
protection system.
At the GPAC/LPAC meeting, an LPAC committee member representing
industry noted in discussion of the proposed standard that they
supported moving forward with API Std 2350 as proposed but recommended
that, because of the significant changes
[[Page 33269]]
between the 3rd and 5th editions of this standard noted in the NPRM,
PHMSA consider a longer timeline to aid in its implementation by
operators. However, the LPAC voted unanimously to endorse the IBR of
the updated version of API Std 2350 without any explicit condition on a
longer compliance timeline. Because API Std 2350 was not referenced
within part 192, the GPAC neither discussed nor voted on this standard.
After the GPAC/LPAC meeting, the AAG submitted a joint comment on API
Std 2350 echoing the comments of the industry stakeholders during the
LPAC and calling on PHMSA to extend the compliance deadline for this
updated industry standard beyond the 60-day effective and compliance
period PHMSA had suggested for this rulemaking during the GPAC/LPAC
meeting.
In response to the American Fuel and Petrochemical's comments
regarding the applicability of API Std 2350, PHMSA notes that Sec.
195.428(c) states that ``[o]ther aboveground breakout tanks with 600
gallons (2271 liters) or more of storage capacity that are constructed
or significantly altered after October 2, 2000, must have an overfill
protection system installed according to API RP 2350.'' The
requirements in Sec. 195.428(c) are specific to installation, not to
the operation or maintenance of the relevant aboveground breakout
tanks. However, PHMSA also notes that the PSRs elsewhere at Sec.
195.402 require that operators have a procedural manual for operating
and maintenance for their systems--including any related breakout
tanks, which are defined broadly in Sec. 195.2 to include overfill
protection systems that contribute to the pressure relief function of
those breakout tanks. Therefore, an operator of a breakout tank that
has installed an overfill protection system per API Std 2350 should
consider also having a procedural manual to maintain the system in a
manner that is consistent with API RP Std 2350.
PHMSA understands that operators will have adequate time to
implement the installation requirements in API Std 2350, as specified
in Sec. 195.428(c), and implement any conforming revisions to their
operations and maintenance procedural manuals given the following: (1)
the extended period of time between the GPAC/LPAC meeting and
publication of the final rule; (2) API Std 2350 is an industry-created
standard, which, presumably, is already implemented by responsible
operators; and (3) the IBR API Std 2350 standard will only apply to
new, replaced, relocated, or otherwise changed overfill prevention
systems. PHMSA also notes that--notwithstanding that a longer
compliance timeline was presented to it--the LPAC declined to condition
its endorsement of IBR of the 5th edition of API Std 2350 on a longer
compliance timeline. Therefore, PHMSA did not adopt the longer
implementation timeframe requested.
C. ASME B31.8S
ASME B31.8S provides guidance on various risk assessment approaches
covering design, construction, operational prevention, mitigation, and
assessment, ensuring the safe operation of gas pipelines. ASME B31.8S
also describes the foundations for an effective integrity management
(IM) program for gas transmission pipelines. Along with subpart O of
part 192, ASME B31.8S provides the essential features of an IM program.
The standard applies to onshore gas pipeline systems constructed with
ferrous materials (such as iron and steel) that transport gas and is
frequently referenced throughout subpart O. ASME B31.8S provides
operators with the information necessary to develop and implement an
effective IM program utilizing proven industry practices and processes.
The PSRs currently IBR the 2004 version of AMSE B31.8S; the NPRM
proposed to IBR the 2016 version of the standard, which incorporates a
number of edits, additions, and clarifications that will improve the
effectiveness of the gas transmission IM programs.
PHMSA did not originally propose regulatory text incorporating the
2018 edition of ASME B31.8S, as PHMSA explained in the NPRM that it had
reviewed the 2018 edition and understood that the updated standard had
removed nearly all communications plan requirements found in the
portion of that standard (Section 10) explicitly mentioned in Sec.
192.911(m). As a result, PHMSA proposed the 2016 edition for
incorporation, as that version retained the Section 10 communications
plan requirements. However, PHMSA explicitly requested comments
regarding incorporation of the 2018 edition of ASME B31.8S.
PHMSA received two comments in response. Both the ASME and the
Associations' joint comment recommended that PHMSA incorporate the 2018
edition of this standard. They noted that the communications plan
requirements formerly located in Section 10 had not (as PHMSA believed)
been removed, but instead been relocated from Section 10 to Chapter V,
Paragraph 850.9, of the 2018 version of ASME B31.8, which is the
companion standard to ASME B31.8S. Additionally, B31.8S includes a
reference in Section 10 that points to the communications plan
requirements in the 2018 version of ASME B31.8. The commenters
therefore requested that PHMSA revise Sec. 192.911(m) to directly
reference the communications plan requirements in Paragraph 850.9 of
the 2018 edition of ASME B31.8. The GPAC voted unanimously to endorse
the 2018 edition of ASME B31.8S with a recommendation to revise Sec.
192.911(m) to directly reference the communications plan requirements
in Paragraph 850.9 of the 2018 edition of ASME B31.8. Because ASME
B31.8S was not referenced within part 195, the LPAC neither discussed
nor voted on this standard.
In response to the GPAC's recommendations and the public comments
received, PHMSA, in this final rule, is incorporating the 2018 edition
of ASME B31.8S within its part 192 regulations. Further, PHMSA has
revised Sec. 192.911(m) to directly reference the communications-plan
requirements in Paragraph 850.9 of the 2018 edition of ASME B31.8.
PHMSA is also in this final rule making conforming revisions in the
PSRs to match the relevant sections in the 2018 edition of ASME B31.8S.
PHMSA updated the relevant sections as follows:
Sec. 192.714(c): Removed ``section 7, Figure 4'' and
replaced it with ``Section 7, Figure 7.2.1-1'';
Sec. 192.917(e)(1): Removed ``Appendix A7'' and replaced
it with ``Appendix A-8'';
Sec. 192.917(e)(4): Removed ``ASME/ANSI B31.8S,
Appendices A4.3 and A4.4, and any'' and replaced it with ``ASME B31.8S,
Appendices A-5.3 and A-5.4, and any'';
Sec. 192.921(a)(2): Removed ``specified in Table 3 of
section 5'' and replaced it with ``specified in Table 5.6.1-1 of
Section 5'';
Sec. 192.923(b)(1): Removed ``section 6.4'' and replaced
it with ``Section 6.4'';
Sec. 192.933(c): Removed ``section 7, Figure 4'' and
replaced it with ``Section 7, Figure 7.2.1-1'';
Sec. 192.937(c)(2): Removed ``table 3 of section 5'' and
replaced it with ``Table 5.6.1-1 of Section 5'';
Sec. 192.939(a)(1)(ii): Removed ``section 5, Table 3''
and replaced it with ``Table 5.6.1-1 of Section 5''; and
Sec. 192.939(a)(3): Removed ``section 5, Table 3'' and
replaced it with ``Table 5.6.1-1 of Section 5.''
PHMSA also notes that in August 2022, it concluded a rulemaking
(first proposed in 2016) that amended, or introduced, several
provisions referencing the ASME B31.8S industry standard being updated
in this final
[[Page 33270]]
rule.\17\ Pertinent provisions introduced or amended by the RIN2 Final
Rule include the following: Sec. Sec. 192.13(d); 192.714(c) and (d);
192.917(a) through (e); and 192.933(d)(1) and (d)(2)(iv)). PHMSA has
compared the pertinent sections of each of those currently-referenced
versions of ASME B31.8S against the updated version incorporated within
the PSR by this final rule, and has concluded that application of that
update to the regulatory provisions added or amended by the RIN2 Final
Rule is technically feasible, reasonable, cost-effective, and
practicable because it entails no additional compliance burdens for
pipeline operators, while at the same time offering the same safety and
environmental benefits (better alignment of the PSRs with the latest
innovations in operational and management practices, materials,
testing, and technological advancements; enhanced compliance by
avoiding conflict between different versions of the same industry
standards; and facilitation of safety-focused allocation of resources
by pipeline operators) as other amendments adopted in this final rule.
PHMSA notes that two of those provisions--specifically, Sec. Sec.
192.714(d) and 192.933(d)(1) and (d)(2)(iv)--are the subject of a
pending legal challenge brought by INGAA against the RIN2 Final Rule.
PHMSA, therefore, has determined that in this final rule, it will not
update references within Sec. Sec. 192.714(d) and 192.933(d)(1) and
(d)(2)(iv) to ASME B31.8S to reflect the 2018 version of that standard,
but will in those two provisions continue to reference the 2004 version
of ASME B31.8S. PHMSA may update those provisions to reference the 2018
version of ASME B31.8S in the future.
---------------------------------------------------------------------------
\17\ PHMSA, ``Pipeline Safety: Safety of Gas Transmission
Pipelines: Repair Criteria, Integrity Management Improvements,
Cathodic Protection, Management of Change, and Other Related
Amendments--Final Rule,'' 87 FR 52224 (Aug. 24, 2022) (RIN2 Final
Rule). The RIN2 Final Rule is currently the subject of a petition
for judicial review. See INGAA v. PHMSA, et al., DC Cir. Case No.
23-1173.
---------------------------------------------------------------------------
D. API RP 651
PHMSA proposed to IBR the 4th edition of API RP 651 (Cathodic
Protection of Aboveground Petroleum Storage Tanks) referenced in
Sec. Sec. 195.565 and 195.573(d). The PSRs currently reference the 3rd
edition of this document, which describes practices and procedures
regarding the use of cathodic protection to effectively control
corrosion on aboveground storage-tank bottoms. It also includes
provisions for the application of cathodic protection to new and
existing aboveground storage tanks, and information and guidance
regarding cathodic protection for aboveground metallic storage tanks in
hydrocarbon service.
Both the American Fuel & Petrochemical Manufacturers and the
Associations submitted comments regarding the 4th edition of API RP
651. The American Fuel & Petrochemical Manufacturers stated that it is
concerned with the way the 4th edition of API RP 651 is being
interpreted during field inspections, as it understood that some state
regulatory authorities were interpreting API RP 651 as requiring all
breakout tanks to have cathodic protection, even tanks not in direct
contact with soil. The American Fuel & Petrochemical Manufacturers and
the Associations stated that PHMSA should not consider double-bottomed
tanks with an interstitial fill of concrete (not soil) or tanks on
continuous concrete pads to be ``buried'' such that they would require
cathodic protection pursuant to Sec. 195.563. They stated that such
tanks do not allow any part of the pipe through which hazardous liquid
moves to come into contact with the upper layer of the earth and would
like PHMSA to state definitively that cathodic protection is not
required, consistent with their understanding of recommendations in the
4th edition of API RP 651 against it. Additionally, the Associations'
joint comment asked PHMSA to clarify requirements in Sec. 195.563 for
the cathodic protection of double-bottom breakout tanks by referencing
the 4th edition of API RP 651 and to allow operators to protect these
tanks without requiring cathodic protection.
At the joint GPAC/LPAC meeting, an industry committee member from
API requested that PHMSA clarify that the design of double-bottom tanks
precludes the use of cathodic protection and asked that PHMSA allow
operators to use alternative methods to protect these tanks form
corrosion. Although the LPAC unanimously voted to recommend IBR of the
updated version of API RP 651, it recommended that PHMSA include in the
final rule preamble the suggestion by the industry stakeholder during
the meeting. Because API RP 651 is not referenced within part 192, the
GPAC neither discussed nor voted on this standard. After the GPAC/LPAC
meeting, the AAG submitted a joint comment that included a discussion
on the 4th edition of API RP 651. AAG stated that they supported LPA's
recommendation to clarify appropriate application of the 4th edition of
API RP 651. The AAG in particular called on PHMSA to state explicitly
that the 4th edition of API RP 651 would not apply to El Segundo
double-bottom tanks \18\ or tanks on concrete not using cathodic
protection to prevent corrosion. The AAG stated that they do not
believe these tanks are ``buried''--which they characterize Sec.
195.553 as defining to mean ``covered or in contact with soil''--and
that therefore those tanks would not be required to have cathodic
protection pursuant to Sec. 195.563 or the risk-based framework in the
most recent (5th edition) of API RP 653. The AAG called on PHMSA to IBR
that most recent version of API RP 653.
---------------------------------------------------------------------------
\18\ AAG, in the joint comment, describes an El Segundo double-
bottom tank as one ``where the active tank floor is on contact with
a concrete interstitial fill, and the secondary, inactive bottom is
in contact with the soil.'' For more information, please see the AAG
joint comment. AAG Joint Comment, Docket No. PHMSA-2021-0069-0008
(Nov. 22, 2021), available at: https://www.regulations.gov/comment/PHMSA-2021-0069-0008.
---------------------------------------------------------------------------
PHMSA has considered those comments and the discussion during the
GPAC/LPAC meeting and understands the application of Sec. 195.563 by
some state regulatory authorities is beyond the scope of this standards
update rulemaking. PHMSA in the NPRM proposed simply to incorporate the
4th edition of API RP 651 into Sec. Sec. 195.565 and 195.573(d) and
did not propose changes in the regulatory text or interpretations
affecting existing cathodic protection requirements for breakout tanks
pursuant to a different PSR provision (Sec. 195.563) that does not
explicitly reference API RP 651. PHMSA similarly did not propose to
update the version of API RP 653 referenced in part 195. PHMSA notes,
however, that it recently responded to a request for interpretation of
Sec. Sec. 195.553 and 195.563 that provides additional information on
this issue as applied to specific pipeline facilities operated by
Chemoil.\19\
---------------------------------------------------------------------------
\19\ PHMSA Interp. Resp. No. PI-20-0014 (Oct. 7, 2021),
available at: https://www7.phmsa.dot.gov/regulations/title49/interp/PI-20-0014.
---------------------------------------------------------------------------
V. Summary of Final Rule and 1 CFR 51
This final rule incorporates the following updated industry
standards and amendments into 49 CFR parts 192 and 195. Availability
information for each standard is specified in Section I of this
preamble, and a summary of each standard is detailed below and in
Section II of the NPRM.
These updated industry standards are developed through agreed-upon
procedures and adopted by domestic and international standard
development organizations, ensuring the voluntary,
[[Page 33271]]
consensus industry standards reflect modern technology and technology
practices. PHMSA understands that reasonably prudent operators employ
industry standards and best practices even when not required by PHMSA
regulations. Thus, PHMSA finds that the new or updated editions of
voluntary, consensus industry technical standards may already be
observed and implemented voluntarily by reasonably prudent operators in
order to protect the public, environment, and their commercially
valuable product. PHMSA also notes that should an operator identify a
compelling need for regulatory flexibility, the PSR provides for
special permit procedures at Sec. 190.341 to request a deviation from
specific requirements.
Viewed against the considerations herein and the compliance costs
estimated in the cost-benefit analysis in Section VI of this final
rule, PHMSA finds the proposed amendments will be a cost-effective
approach to achieving the commercial, public safety, and environmental
benefits discussed in this final rule and its supporting documents.
Lastly, PHMSA believes that operator compliance timelines--based on an
effective date of the final requirement (60 days after the effective
date of the final rule, which the timeline would necessarily be in
addition to the time since issuance of the January 2021 NPRM) would
provide operators ample time to implement requisite systems and manage
any related compliance costs.
Thus, PHMSA finds that the discussion herein--in addition to the
NPRM's discussion of the safety, environmental, and other benefits and
detriments incorporated herein by reference--supports its conclusion
that each of the regulatory amendments in this final rule are
technically feasible, reasonable cost-effective, and practicable.
A. AMPP
NACE SP0204-2015, ``Stress Corrosion Cracking (SCC) Direct
Assessment Methodology,'' March 14, 2015.
This standard provides a process and a series of required steps for
operators to use to assess the extent of stress-corrosion cracking on a
section of buried pipeline. The methodology is designed as a screening
tool to determine whether stress corrosion cracking is a substantial
risk on a pipeline system.
[Replaces incorporated by reference (IBR): NACE SP0204-2008,
``Standard Practice, Stress Corrosion Cracking (SSC) Direct Assessment
Methodology,'' September 18, 2008; Referenced in 49 CFR 195.588(c).]
B. API
API RP 651, ``Cathodic Protection of Aboveground Petroleum
Storage Tanks,'' 4th edition, September 2014.
Cathodic protection is a method of protecting metallic pipelines
from corrosion. This recommended practice contains: (1) procedures and
practices for effective corrosion control on aboveground storage tank
bottoms using cathodic protection; (2) provisions for the application
of cathodic protection to existing and new aboveground storage tanks;
and (3) information and guidance for cathodic protection specific to
aboveground metallic storage tanks in hydrocarbon service.
[Replaces ANSI/API RP 651, ``Cathodic Protection of Aboveground
Petroleum Storage Tanks,'' 3rd edition, January 2007; Referenced in 49
CFR 195.565 and 195.573(d).]
API RP 2026, ``Safe Access/Egress Involving Floating Roofs
of Storage Tanks in Petroleum Service,'' 3rd edition, June 2017.
The 3rd edition of API RP 2026 (formerly API Publication 2026)
addresses the hazards associated with access/egress onto external and
internal floating roofs of in-service petroleum storage tanks. In a
floating roof tank, the roof floats on top of product in the tank and
rises and lowers with the level of product in the storage tank.
Floating roofs minimize the creation of hazardous vapors above the
product. A floating roof can be designed for use on a tank with no
fixed roof (an external floating roof) or inside a tank with a fixed
roof (internal floating roof).
[Replaces API Publication 2026, ``Safe Access/Egress Involving
Floating Roofs of Storage Tanks in Petroleum Service,'' 2nd edition,
issued April 1998, reaffirmed June 2006; Referenced in 49 CFR
195.405(b)].
API Spec 5L, ``Line Pipe,'' 46th edition, April 2018;
including Errata 1 (May 2018).
API Spec 5L is the primary manufacturing specification for seamless
and welded steel pipe for use in gas, hazardous liquid, and carbon
dioxide pipeline transportation systems. The specification does not
cover cast pipe and non-steel pipe. The specification includes
requirements for pipe material, manufacturing, quality control and
testing, inspection, and pipe marking.
[Replaces API Spec 5L, ``Specification for Line Pipe,'' 45th
edition, July 2013; Referenced in 49 CFR 192.55(e); 192.112(a), (b),
(d), (e); 192.113; Section I of Appendix B in part 192; and 49 CFR
195.106(b), (e).]
API Spec 6D, ``Specification for Pipeline and Piping
Valves,'' 24th edition, August 2014, including Errata 1 (October 2014),
Errata 2 (December 2014), Errata 3 (February 2015), Errata 4 (June
2015), Errata 5 (July 2015), Errata 6 (September 2015), Errata 7 (June
2016), Errata 8 (August 2016), Errata 9 (March 2017), Errata 10 (July
2021), Addendum 1 (March 2015), and Addendum 2 (June 2016).
API Spec 6D defines the design, manufacturing, assembly, testing,
and documentation requirements for valves used in pipeline systems.
PHMSA requires all valves on gas pipeline systems, other than those
made of cast iron or plastic, to meet the requirements of API Spec 6D,
or a national or international standard that provides an equivalent
performance level of safety. Hazardous liquid and carbon dioxide
pipeline valves must be shell-tested and seat-tested in accordance with
API Spec 6D.
[Replaces ANSI/API Spec 6D, ``Specification for Pipeline Valves,''
23rd edition, October 1, 2008, including 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);
Referenced in 49 CFR 192.145(a) and 195.116(d).]
API Std 620, ``Design and Construction of Large, Welded,
Low-Pressure Storage Tanks,'' 12th Edition, October 2013, including
Addendum 1 (November 2014).
API Std 620 specifies design, construction, and testing
requirements for large, field assembled, welded steel tanks used to
store petroleum, petroleum products, or other liquids used in the
petrochemical industry. Tanks designed, constructed, and tested in
accordance with API Std 620 are rated to operate with a vapor pressure
up to 15 psig and a metal temperature below 250 [deg]F.
[Replaces API Std 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); Referenced in 49 CFR 195.132(b); 195.205(b); 195.264(b)
and (e); 195.307(b); 195.565; and 195.579(d).]
API Std 650, ``Welded Tanks for Oil Storage,'' 13th
edition, March 1, 2020, including Errata 1 (January 2021).
This standard establishes minimum requirements for material,
design, fabrication, erection, and inspection for
[[Page 33272]]
vertical, cylindrical, aboveground, closed- and open-top, welded
storage tanks in various sizes and capacities for internal pressures
approximating atmospheric pressure. This standard applies only to tanks
whose entire bottom is uniformly supported and to tanks in non-
refrigerated service that have a maximum design temperature of 93[deg]C
(200 [deg]F) or less. In part 195, breakout tanks associated with the
transportation of hazardous liquids that are included in the scope of
this standard must be designed, constructed, tested, and repaired in
accordance with API Std 650.
[Replaces API Std 650, ``Welded Steel Tanks for Oil Storage,'' 11th
edition, June 2007; including Addendum 1 (November 2008), Addendum 2
(November 2009), Addendum 3 (August 2011), and Errata (October 2011);
Referenced in 49 CFR 195.132(b); 195.205(b); 195.264(b) and (e);
195.307(c) and (d); 195.565; and 195.579(d).]
API Std 1104, ``Welding of Pipelines and Related
Facilities,'' 21st edition, September 2013; including Errata 1 (2013),
Errata 2 (2014), Errata 3 (2014), Errata 4 (2015), Errata 5 (2018),
Addendum 1 (2014), and Addendum 2 (2016)--except for Note 2 in Section
5.4.2.2.
API Std 1104 is the primary standard for welding steel piping and
for testing welds on steel pipelines. It covers the requirements for
welding and nondestructive testing of pipeline welds. In the PSRs, this
standard is used for qualifying welders, welding procedures, and
welding operators, and interpreting the results of non-destructive
tests.
[Replaces API Std 1104, ``Welding of Pipelines and Related
Facilities,'' 20th edition, October 2005; including Errata/Addendum
(July 2007) and Errata 2 (2008); Referenced in 49 CFR 192.225(a);
192.227(a); 192.229(b) and (c); 192.241(c); Section II of Appendix B in
part 192; 195.214(a); 195.222(a) and (b); and 195.228(b).]
API Std 2000, ``Venting Atmospheric and Low-pressure
Storage Tanks'' 7th edition, March 2014.
This standard contains vapor-venting requirements for aboveground
liquid petroleum product storage tanks, and aboveground and/or
underground refrigerated storage tanks, all of which are designed for
operation at pressures from full vacuum through 103.4 kPa (or 15 psig).
Normal vapor venting refers to the inflow and outflow of vapor related
to pressure changes inside the storage tanks. Emergency vapor venting
relates to the inflow or outflow of vapor that may occur due to
unforeseen circumstances. Vapor-venting requirements deal with the
operation of vapor vents in response to temperature and pressure
changes both inside and outside of a tank. Pressure normally
accumulates inside most production or breakout storage tanks that
contain various types of hazardous liquid. The new edition of this
standard provides more information on equipment that stabilizes
pressure within the tank by venting or depressurizing once the pressure
within the tank reaches a certain level. The vapor-venting requirements
in this standard elaborate on pipeline owners' obligations, including
providing vapor-venting equipment guidelines.
[Replaces ANSI/API Std 2000, ``Venting Atmospheric and Low-pressure
Storage Tanks,'' 6th edition, November 2009; Referenced in 49 CFR
195.264(e).]
API Std 2350, ``Overfill Prevention for Storage Tanks in
Petroleum Facilities,'' 5th Edition, September 1, 2020, including
Errata 1 (April 2021).
This standard is intended for storage tanks associated with
facilities that receive flammable and combustible petroleum liquids,
such as refineries, marketing terminals, bulk plants, and pipeline
terminals. It addresses minimum overfill and damage-prevention
practices for aboveground storage tanks in petroleum facilities,
including refineries, marketing terminals, bulk plants, and pipeline
terminals that receive flammable and combustible liquids.
[Replaces API RP 2350, 3rd Edition (January 2005): Overfill
Protection for Storage Tanks in Petroleum Facilities (API RP 2350);
Referenced in 49 CFR 195.428(c).]
C. ASME
ASME B31.8-2018, ``Gas Transmission and Distribution
Piping Systems,'' November 20, 2018.
This standard covers safety requirements associated with the
design, fabrication, installation, inspection, testing, and operation
and maintenance of pipeline facilities used for the transportation of
natural gas and liquefied petroleum gases when they are vaporized and
used as gaseous fuels.
[Replaces ASME/ANSI B31.8-2007, ``Gas Transmission and Distribution
Piping Systems,'' November 30, 2007; Referenced in 49 CFR 192.112(b);
192.619(a); 192.911(m); 195.5(a); and 195.406(a).]
ASME B31.8S-2018, ``Managing System Integrity of Gas
Pipelines,'' November 28, 2018.
ASME B31.8S describes the foundations for an effective integrity
management (IM) program for gas transmission pipelines. Along with
subpart O of part 192, ASME B31.8S provides the essential features of
an integrity management program. Section 3.2 of B31.8S addresses the
potential impact factor for gases other than standard quality natural
gas that may be transported through a gas transmission pipeline. Other
sections are as follows: Section 4--Gathering, Reviewing and
Integrating Data; Section 5--Risk Assessment and Reassessment
Intervals; Section 6.2--Selection of In-line Inspection Tools (ILI);
Section 6.4--Direct Assessment Requirements for External Corrosion and
Internal Corrosion; Section 7--Remediation Schedule and Immediate
Repair Requirements; Section 9--Performance Plan and Program
Effectiveness; Section 10--Communications Plan; Section 11--Management
of Change Process; Section 12--Quality Assurance Process; Appendix A--
Data Requirements of Each Threat; Appendix A3--Direct Assessment
Requirements for the Stress Corrosion Cracking (SCC) Threat; Appendix
4.3 and 4.4--Criteria and Risk Assessment and Integrity Assessment for
the Manufacturing Threat; and Appendix A7--Criteria and Risk Assessment
and Integrity Assessment, Response, and Mitigation and Performance
Measures for the Third Party Damage Threat.
[Replaces ASME/ANSI B31.8S-2004 ``Supplement to B31.8 on Managing
System Integrity of Gas Pipelines,'' January 14, 2005; Referenced in 49
CFR 192.13(d); 192.712(b); 192.714(c); 192.903; 192.907; 192.907(b);
192.911; 192.911(i), and (k) through (m); 192.913(a) through (c);
192.917(a) through (e); 192.921(a); 192.923(b); 192.925(b); 192.933(c);
192.935(b); 192.937(c); 192.939(a); and 192.945(a).]
As explained in section IV.C. above, PHMSA will retain existing
references to the 2004 version of ASME B31.8S within Sec. Sec.
192.714(d), and 192.933(d)(1) and (d)(2)(iv).
ASME B36.10M-2018 ``Welded and Seamless Wrought Steel
Pipe,'' October 12, 2018.
ASME B36.10M specifies standards for dimensions of welded and
seamless wrought steel pipe for high or low temperatures and pressures.
This standard replaces the current reference in Sec. 192.279 to Table
C1 of ASME/ANSI B16.5. The 2003 and subsequent editions of ASME/ANSI
B16.5 remove Table C1; that information is now in ASME B36.10M-2018.
Therefore, PHMSA is revising Sec. 192.279 to replace the phrase
``listed in Table C1 of ASME/ANSI B16.5'' with ``listed in ASME
B36.10M.''
[[Page 33273]]
[Replaces Table C1 of ASME/ANSI B16.5; Referenced in 49 CFR
192.279.]
D. ASTM International
ASTM A53/A53M-20, ``Standard Specification for Pipe,
Steel, Black, and Hot-Dipped, Zinc-Coated, Welded and Seamless,'' July
1, 2020.
ASTM A53/A53M specifies the design for seamless and welded black
and hot-dipped galvanized steel pipe in nominal pipe size (NPS) \1/8\
to NPS 26. The standard also specifies requirements for tests of
material properties, hydrostatic tests, and non-destructive tests.
[Replaces ASTM A53/A53M-10, ``Standard Specification for Pipe,
Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless,''
October 1, 2010; Referenced in 49 CFR 192.113; Section II of Appendix B
in part 192; and 195.106(e).]
ASTM A106/A106M-19A, ``Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature Service,'' November 1, 2019.
ASTM A106/A106M specifies standards for seamless carbon steel pipe
appropriate for high-temperature service. Pipe meeting this
specification is suitable for bending, flanging, and welding. The
updates added since the 2010 edition currently incorporated by
reference include clarifying the supplementary requirements in the
ordering information, as well as the definition of single or double
random lengths of pipe with single random joints allowed from 17 to 24-
foot lengths and double random joints being between 36 and 44 feet.
[Replaces ASTM A106/A106M-10, ``Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature Service,'' October 1, 2010;
Referenced in 49 CFR 192.113; Section I of Appendix B in part 192; and
195.106(e).]
ASTM A333/A333M-18, ``Standard Specification for Seamless
and Welded Steel Pipe for Low-Temperature Service and Other
Applications with Required Notch Toughness,'' November 1, 2018.
ASTM A333/A333M specifies standards for nominal (average) wall
seamless and welded carbon and alloy steel pipe intended for use at low
temperatures. The standard addresses chemical, tensile strength,
mechanical testing, and other requirements.
[Replaces ASTM A333/A333M-11, ``Standard Specification for Seamless
and Welded Steel Pipe for Low-Temperature Service,'' April 1, 2011;
Referenced in 49 CFR 192.113; Section I of Appendix B in part 192; and
49 CFR 195.106(e).]
ASTM A381/A381M-18, ``Standard Specification for Metal-
Arc-Welded Carbon or High-Strength Low-Alloy Steel Pipe for Use with
High-Pressure Transmission Systems,'' November 1, 2018.
ASTM A381/A381M specifies standards for straight seam, double-
submerged arc-welded steel pipe (commonly referred to as DSAW pipe as
opposed to spiral-welded or electric-resistance-welded pipe) that is
intended for the fabrication of fittings and accessories for compressor
or pump-station piping and is suitable for high-pressure service at
outside diameters of 16 inches or greater.
[Replaces ASTM A381-96, ``Standard Specification for Metal-Arc
Welded Steel Pipe for Use with High-Pressure Transmission Systems,''
reaffirmed October 1, 2005; Referenced in 49 CFR 192.113; Section I of
Appendix B in part 192; and 195.106(e).]
ASTM A671/A671M-20, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures,''
March 1, 2020.
ASTM A671/A671M specifies the design, fabrication, and testing
requirements for electric-fusion-welded (as opposed to arc-welded)
steel pipe with added filler metal. Specifically, the specification
applies to pipe fabricated from pressure vessel quality steel plates
suitable for use at high pressures at atmospheric and lower
temperatures.
[Replaces ASTM A671/A671M-10, ``Standard Specification for
Electric-Fusion-Welded Steel Pipe for Atmospheric and Lower
Temperatures,'' April 1, 2010; Referenced in 49 CFR 192.113; Section I
of Appendix B in part 192; and 195.106(e).]
ASTM A691/A691M-19, ``Standard Specification for Carbon
and Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure Service
at High Temperatures,'' November 1, 2019.
ASTM A691/A691M specifies the design, composition, fabrication, and
testing of carbon and alloy steel pipe.
[Replaces 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; Referenced in 49 CFR 192.113;
Section I of Appendix B in part 192; and 49 CFR 195.106(e).]
E. The Manufacturers Standardization Society of the Valve and Fittings
Industry, Inc.
ANSI/MSS SP-44-2019, ``Steel Pipeline Flanges,'' April
2020.
MSS SP-44 covers pressure-temperature ratings, materials,
dimensions, tolerances, marking, and testing of steel pipeline flanges.
[Replaces MSS SP-44-2010, ``Standard Practice, Steel Pipeline
Flanges,'' 2010 edition, including Errata (May 20, 2011); Referenced in
49 CFR 192.147(a).]
MSS SP-75-2019, ``High-Strength, Wrought, Butt-Welding
Fittings,'' December 2019.
MSS SP-75 specifies requirements for factory-made, seamless, and
electric-welded carbon and low-alloy steel butt-welding fittings. MSS
SP-75 is applicable to fittings used in high-pressure gas and oil
transmission and distribution systems, including pipelines, compressor
stations, metering and regulating stations, and mains.
[Replaces MSS SP-75-2008, ``Specification for High Test, Wrought,
Butt-Welding Fittings,'' June 1, 2009; Referenced in 49 CFR
195.118(a).]
F. National Fire Protection Association (NFPA)
NFPA 58, ``Liquefied Petroleum Gas Code,'' 2020 edition,
August 25, 2019.
NFPA 58 specifies requirements for the ``storage, handling,
transportation, and use of liquefied petroleum gas.'' The PSRs require
any plant that supplies liquefied petroleum to a pipeline system and
any pipeline system that transports only petroleum gas or petroleum gas
mixtures to meet the requirements of NFPA 58 in addition to the
requirements of part 192.
[Replaces NFPA 58, ``Liquefied Petroleum Gas Code,'' 2004 edition,
April 1, 2004; Referenced in 49 CFR 192.7; and 192.11(a) through (c).]
NFPA 59, ``Utility LP-Gas Plant Code,'' 2018 edition,
September 6, 2017.
NFPA 59 specifies the design, construction, location, installation,
operation, and maintenance of utility gas plants. Compared to NFPA 58,
NFPA 59 generally covers larger facilities.
[Replaces NFPA 59, ``Utility LP-Gas Plant Code,'' 2004 edition,
April 1, 2004; Referenced in 49 CFR 192.11(a) through (c).]
NFPA 70, ``National Electrical Code,'' 2017 edition,
August 24, 2016.
NFPA 70, also known as the National Electrical Code (NEC), covers
the installation and removal of electrical equipment, conductors, and
conduits in structures and outdoor areas. The NEC is a foundational
standard for electrical safety in residential, commercial, and
industrial implementations.
[Replaces NFPA 70, ``National Electrical Code,'' 2011 edition
(September 24, 2010); Referenced in 49 CFR 192.163(e) and 192.189(c).]
G. Miscellaneous Amendments
PHMSA is also incorporating miscellaneous editorial amendments and
corrections to the PSRs. Some of
[[Page 33274]]
these revisions respond to a petition for rulemaking from the AGA. In
addition to petitioning PHMSA to incorporate the most recent edition of
NFPA 59 by reference, the AGA suggested edits to 49 CFR 192.11 that
would clarify the scope of NFPA 58 and NFPA 59. The PSRs currently
require operators of liquefied petroleum pipeline facilities to meet
the requirements of both NFPA 58 and NFPA 59, but the change clarifies
that operators must only satisfy the requirements for the NFPA standard
that, based on the scope and applicability statements in NFPA 58 and
NFPA 59, is applicable to the type of facility they operate. Generally,
NFPA 58 applies to liquefied petroleum pipeline systems and NFPA 59 to
utility-scale liquefied petroleum gas plants. PHMSA has considered this
proposed clarification and is adopting the recommended editorial
revision to 49 CFR 192.11 in this final rule.
Another revision recommended by AGA and which PHMSA adopts in this
final rule corrects the minimum wall thickness tables in 49 CFR 192.121
for plastic pipe that is made of polyethylene (PE), polyamide (PA)
PA11, and PA12 to include specifications for pipe with a copper tubing
sizes (CTS) of 1\1/4\ inches and to correct the minimum wall thickness
for 1-inch CTS pipe. The minimum wall thickness--and, more
specifically, the dimension ratio, which is the ratio of outside
diameter to wall thickness--is consistent with values already specified
for adjacent sizes. Plastic pipe, especially PE, is very common on gas
distribution systems. On November 20, 2018, PHMSA published a final
rule that allowed plastic pipe to operate with a design factor (a
derating factor) of 0.4 rather than 0.32 as long as it met various
requirements, including a minimum wall thickness that matched the
definitions in the tables in 49 CFR 192.121.\20\ As described in that
2018 final rule and its supporting RIA, as well as the AGA's petition
for rulemaking, the revised design factor allows the use of
approximately 17 percent less material or 11 percent higher capacity
for a given outside specification.
---------------------------------------------------------------------------
\20\ PHMSA, ``Pipeline Safety: Plastic Pipe Rule--Final Rule,''
83 FR 58694 (Nov. 20, 2018).
---------------------------------------------------------------------------
The NPRM included listings for copper tubing sizes (CTS) of \1/2\
and \3/4\ inches for polyethylene (PE) pipe. In response to comments,
PHMSA included CTS sizes for polyamide (PA) PA11 and PA12 pipe, as well
as iron pipe sizes (IPS) below 1 inch for all materials. However,
stakeholders subsequently requested that PHMSA also consider including
1\1/4\-inch CTS. This amendment allows the use of 1\1/4\-inch CTS pipe
with a 0.4 design factor provided that the pipe wall is at least 0.121
inches thick. A wall thickness of 0.121 corresponds to a dimension
ratio of approximately 11, which is the same standard dimension ratio
(SDR) that is currently permitted for 1\1/4\-inch IPS, 1-inch CTS, and
1-inch IPS. This change reduces the cost to produce this size of
plastic pipe by approximately 10 percent. The revised design factor is
already permitted for similar, adjacent sizes such as 1\1/4\-inch IPS
pipe, and it was not PHMSA's intent to exclude specifications such as
1\1/4\-inch CTS. The costs and benefits of this change were accounted
for in the RIA for the 2018 final rule.
PHMSA also adopts in this final rule other technical and editorial
revisions proposed in the NPRM, including the following:
Updating reference to PHMSA's website (https://portal.phmsa.dot.gov/) in Sec. 195.58;
Copying the definition for a master meter system that is
used in part 191 to part 192. The term ``master meter system'' is
referenced in both part 191 and part 192; however, it is only defined
in Sec. 191.3 of part 191. This rule adds the definition to Sec.
192.3 of part 192;
Clarifying reference to flange requirements in Sec.
192.147(a) to specify that flanges must meet ASME B16.5, ANSI/MSS SP-
44, or the equivalent;
Correcting the placement of the word ``in'' in Sec.
192.153(d);
Removing a reference to an inactive phone number for the
National Pipeline Mapping System (NPMS) program in Sec. 192.727(g) and
195.59(a);
Removing references to Sec. 195.242(c) and (d) in Sec.
195.1(c) because this section no longer exists in the regulations;
Correcting Sec. 195.3(c)(3) to reflect that ASME B31.4 is
no longer referenced in Sec. 195.452(h); and
Revising Sec. 192.307(c) references to API 650 sections
7.3.5 and 7.3.6 because the testing requirements were moved to sections
7.3.6 and 7.3.7, respectively, in the updated edition of API 650.
VI. Regulatory Analyses and Notices
Summary/Legal Authority for This Rule
This final rule is published under the authority of the Secretary
of Transportation delegated to the PHMSA Administrator pursuant to 49
CFR 1.97. Among the statutory authorities delegated to PHMSA are those
set forth in the Federal pipeline safety statutes (49 U.S.C. 60101 et
seq.). 49 U.S.C. 60102 grants authority, to the extent appropriate and
practicable, to the Secretary to update incorporated, voluntary,
consensus industry technical standards that were adopted as part of the
PSRs to protect public safety and the environment.
This final rule incorporates by reference more than 20 updated
industry standards. In addition, this final rule makes several other
minor clarifying and editorial changes to the PSRs.
Executive Orders 12866 and 14094; DOT Regulatory Policies and
Procedures
Executive Order 12866 (``Regulatory Planning and Review''), as
amended by Executive Order 14094 (``Modernizing Regulatory Review''),
requires that agencies ``should assess all costs and benefits of
available regulatory alternatives, including the alternative of not
regulating.'' \21\ Agencies should consider both quantifiable measures
and qualitative measures of costs and benefits that are difficult to
quantify. Further, Executive Order 12866 requires that agencies
``should select those [regulatory] approaches that maximize net
benefits (including potential economic, environmental, public health
and safety, and other advantages, as well as distributive impacts and
equity), unless a statute requires another regulatory approach.''
Similarly, DOT Order 2100.6A (``Rulemaking and Guidance Procedures'')
requires PHMSA and other DOT operating administrations to consider an
assessment of the potential benefits, costs, and other important
impacts of the proposed action; they should also quantify (to the
extent practicable) the benefits, costs, and any significant
distributional impacts, including any environmental impacts.
---------------------------------------------------------------------------
\21\ Executive Order 12866 is available at 58 FR 51735 (Oct. 4,
1993); Executive Order 14094 is available at 88 FR 21879 (Apr. 6,
2023).
---------------------------------------------------------------------------
Executive Order 12866 (as amended by Executive Order 14094) and DOT
Order 2100.6A require that PHMSA submit ``significant regulatory
actions'' to the OMB for review. However, this final rule is not
considered a significant regulatory action under Executive Order 12866
and, therefore, was not subject to review by the OMB. Further, the DOT
considers this final rule to be non-significant pursuant to DOT Order
2100.6A.
In accordance with the NTTAA and OMB Circular A-119, PHMSA
constantly reviews new editions and revisions to relevant voluntary,
consensus industry technical standards, and publishes a proposed rule
every two to three years to incorporate new or updated industry
standards by
[[Page 33275]]
reference. This practice is consistent with the intent of the NTTAA and
OMB directives to avoid the need to develop government standards that
could potentially result in regulatory conflicts with updated standards
and an increased compliance burden for industry.
PHMSA expects that the changes to the PSRs described in this final
rule will result in unquantified public safety and environmental
benefits associated with the updated industry standards. Although, as
discussed above, many of the changes within the updated industry
standards for incorporation within the PSRs are editorial revisions or
clarifications, others consist of substantive changes that reflect
advancements in the state of knowledge (based on developments in
technology, testing, materials, and practical experience memorialized
within operational and management practices) compared to earlier
versions of the same standards. PHMSA's technical review of those
updated industry standards concluded that their incorporation would
enhance the protection of public safety and the environment.
Further, PHMSA expects the administrative burden for stakeholders
stemming from the incorporation of these updated industry standards
will be negligible and the net economic benefits will be high.
According to the annual reports that operators submit to PHMSA, there
are more than 2,813 entities operating distribution systems and
facilities for gas and hazardous liquid (as well as carbon dioxide)
pipeline facilities subject to part 192 or 195 as of May 23, 2021. In
fact, updates to industry standards are generally accepted and followed
on a voluntary basis throughout most of the pipeline industry. PHMSA
understands that the majority of pipeline operators already purchase
and voluntarily apply industry standards--including the updated
industry standards that are the subject of this rulemaking--within
their ordinary business practices. Incorporation of the updated
industry standards within the PSRs will help ensure the industry is not
forced to incur the additional cost of complying with different
versions of the same standards.
In addition to incorporating updated industry standards into the
PSRs, PHMSA is adopting non-substantive editorial changes and
clarifications of certain provisions of regulatory language. Since
these editorial changes are minor, this final rule will 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, thereby improving compliance and helping to ensure the
safety of the Nation's pipeline systems.
Executive Order 13132: Federalism
PHMSA analyzed this final rule in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism'') \22\
and the Presidential Memorandum titled ``Preemption.'' \23\ Executive
Order 13132 requires agencies to ensure meaningful and timely input by
State and local officials regarding the development of regulatory
policies that may have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
---------------------------------------------------------------------------
\22\ 64 FR 43255 (Aug. 10, 1999).
\23\ 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------
The regulatory amendments in this final rule will not have a
substantial direct effect on State or local governments; the
relationship between the national government and the States; or the
distribution of power and responsibilities among the various levels of
government. In addition, this rule will not impose substantial direct
compliance costs on State or local governments. While the final rule's
revisions may operate to preempt some State requirements, it will not
impose any regulation that has substantial direct effects on the
States; the relationship between the national government and the
States; or the distribution of power and responsibilities among the
various levels of government.
Section 60104(c) of the Federal pipeline safety laws prohibits
State safety regulation of interstate pipelines. Under the Federal
pipeline safety laws, States that have submitted a current
certification under 49 U.S.C. 60105(a) must adopt the minimum Federal
pipeline safety requirements for intrastate pipelines and may adopt
additional or more stringent requirements so long as they are
compatible. A State may also regulate an intrastate pipeline facility
that PHMSA does not regulate.
In this instance, the preemptive effect of the final rule is
limited to the minimum level necessary to achieve the objectives of the
Federal pipeline safety laws. Therefore, PHMSA has determined that the
consultation and funding requirements of Executive Order 13132 do not
apply to this final rule.
Executive Order 13175: Consultation and Coordination With Indian Tribal
Governments
PHMSA analyzed this final rule according to the principles and
criteria in Executive Order 13175 (``Consultation and Coordination with
Indian Tribal Governments'') \24\ and DOT Order 5301.1A (``Department
of Transportation Tribal Consultation Policy and Procedures'').
Executive Order 13175 requires agencies to ensure meaningful and timely
input from Tribal government representatives during the development of
rules that significantly or uniquely affect Tribal communities by
imposing ``substantial direct compliance costs'' or ``substantial
direct effects'' on such communities, or the relationship or
distribution of power between the Federal Government and Tribes.
---------------------------------------------------------------------------
\24\ 65 FR 67249 (Nov. 6, 2000).
---------------------------------------------------------------------------
PHMSA assessed the impact of the final rule's revisions and
concluded that they will not significantly or uniquely affect Tribal
communities or Tribal governments. The rule's regulatory amendments are
facially neutral and will have broad, national scope; PHMSA, therefore,
does not expect this rule would significantly or uniquely affect Tribal
communities, much less that it will impose substantial compliance costs
on Native American Tribal governments or mandate Tribal action. Insofar
as PHMSA expects that the rule will improve safety and reduce
environmental risks, PHMSA finds that it will not entail
disproportionately high adverse risks for Tribal communities.
Therefore, PHMSA concludes that the funding and consultation
requirements of Executive Order 13175 and DOT Order 5301.1A do not
apply.
Regulatory Flexibility Act and Executive Order 13272
The Regulatory Flexibility Act, as amended by the Small Business
Regulatory Flexibility Fairness Act of 1996 (5 U.S.C. 601 et seq.),
generally requires Federal agencies to prepare a final regulatory
flexibility analysis for a final rule subject to notice-and-comment
rulemaking under the Administrative Procedure Act. 5 U.S.C. 603(a).\25\
Executive Order 13272 (``Proper Consideration of Small Entities in
[[Page 33276]]
Agency Rulemaking'') \26\ obliges agencies to establish procedures
promoting compliance with the Regulatory Flexibility Act; DOT's
implementing guidance is available on its website.\27\
---------------------------------------------------------------------------
\25\ Agencies are not required to conduct a regulatory
flexibility analysis if the head of the agency certifies that the
rule will not have a significant impact on a substantial number of
small entities. 5 U.S.C. 605.
\26\ 67 FR 53461 (Aug. 16, 2002).
\27\ DOT, ``Rulemaking Requirements Concerning Small Entities,''
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last updated May 18. 2012).
---------------------------------------------------------------------------
This final rule was developed in accordance with Executive Order
13272 and DOT guidance to ensure compliance with the Regulatory
Flexibility Act and provide appropriate consideration of the potential
impacts of the rulemaking on small entities. PHMSA has concluded that
the costs of incorporating these updated voluntary, consensus industry
technical standards within the PSRs will be negligible. PHMSA
understands that updates to industry standards are generally accepted
and followed on a voluntary basis throughout most of the pipeline
industry; the majority of pipeline operators already purchase and
voluntarily apply industry standards--including the updated standards
that are the subject of this rulemaking--within their ordinary business
practices. Further, incorporating such standards by reference helps to
ensure that the industry is not forced to comply with competing
versions of the same industry standards. Similarly, PHMSA does not
expect the miscellaneous editorial and clarifying revisions in this
rulemaking will impose meaningful compliance costs on operators.
Therefore, based on the available information regarding the anticipated
impact of this final rule, PHMSA certifies that this rule will not have
a significant economic impact on a substantial number of small
entities.
Paperwork Reduction Act
Pursuant to 5 CFR 1320.8(d), PHMSA is required to provide
interested members of the public and affected agencies with an
opportunity to comment on information collection and recordkeeping
requests. In accordance with 5 CFR 1320.8(d), PHMSA analyzed this final
rule in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501 et seq.), which establishes policies and procedures for
controlling paperwork burdens imposed by Federal agencies on the public
and requires Federal agencies to minimize the burden of paperwork
imposed on the U.S. public by ensuring maximum utility and quality of
Federal information. This allowed for the use of information technology
to improve the Federal Government's performance and accountability
regarding the management of information-collection activities. This
final rule does not impose any new information-collection requirements
or modify any existing information-collection requirements.
Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) requires
agencies to assess the effects of Federal regulatory actions on State,
local, and Tribal governments, and the private sector. For any NPRM or
final rule that includes a Federal mandate that may result in the
expenditure by State, local, or Tribal governments, in an aggregate of
$100 million or more (in 1996 dollars) in any given year, the agency
must prepare, among other things, a written statement that
qualitatively and quantitatively assesses the costs and benefits of the
Federal mandate.
As explained in the above discussion of Executive Order 12866,
PHMSA does not expect that the final rule will impose enforceable
duties of $100 million or more (in 1996 dollars) in any one year on
either State, local, or Tribal governments or on the private sector.
Therefore, the requirement to prepare a statement pursuant to Unfunded
Mandates Reform Act does not apply.
Privacy Act Statement
In accordance with 5 U.S.C. 553(c), the DOT solicits comments from
the public to better inform its rulemaking process. The DOT posts these
comments without edit, including any personal information the commenter
provides, to https://www.regulations.gov/. This is described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
https://www.dot.gov/privacy.
Regulation Identifier Number
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Regulatory and Deregulatory
Actions (Unified Agenda). The RIN contained in the heading of this
document can be used to cross-reference this action with the Unified
Agenda.
Final Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321
et. seq.) requires Federal agencies to prepare a detailed statement on
major Federal actions that significantly affect the quality of the
human environment. The Council on Environmental Quality's implementing
regulations (40 CFR parts 1500-1508) require Federal agencies to
conduct an environmental review that considers (1) the need for the
action; (2) alternatives to the action; (3) the probable environmental
impacts of the action and alternatives; and (4) the agencies and
individuals consulted during the consideration process. DOT Order
5610.1C (``Procedures for Considering Environmental Impacts'')
establishes departmental procedures for the evaluation of environmental
impacts under NEPA and its implementing regulations. In this final
rule, PHMSA incorporates more than 20 updated industry standards.
PHMSA has completed an Environmental Assessment and concluded that
an environmental impact statement will not be required for this
rulemaking because it will not have a significant impact on the human
environment. To the extent that the final rule will impact the
environment, those impacts will be primarily beneficial impacts
enhancing the PSR's protection of public safety and the environment by
incorporating updated industry standards.
Description of Action: The NTTAA directs Federal agencies to use
industry standards and design specifications developed by voluntary
consensus standard bodies instead of government-developed standards,
when applicable. There are currently more than 80 standards
incorporated in parts 192, 193, and 195 of the PSRs.
PHMSA engineers and subject matter experts participate on 25
standards development committees to keep current on committee actions.
PHMSA only adopts 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 in the PSRs have been revised and updated to incorporate
and promote new technologies and methodologies. This final rule allows
operators to use new technologies by incorporating new editions of the
standards into the PSRs.
PHMSA's technical and subject matter experts continually review the
actions of pipeline standards-developing committees and study industry
safety practices to ensure that PHMSA's endorsement of any new editions
or revised industry standards incorporated into the PSRs will improve
public safety and provide protection for the environment. If PHMSA does
not amend the PSRs to keep up with industry practices, it could
potentially have an adverse effect on the safe transportation of energy
resources.
These amendments make the regulatory provisions more consistent
with current technology and therefore
[[Page 33277]]
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 only
the existing standards currently referenced in the PSRs. Because
PHMSA's goal is to facilitate pipeline safety and incorporate
appropriate and up-to-date industry standards, PHMSA rejected the no-
action alternative. This alternative potentially results in forgoing
the safety and environmental improvements in the updated standards.
Selected Alternative (2): Adopt the above-described amendments and
incorporate updated editions of industry standards as described in the
NPRM and this final rule, including cited material. This is the
selected alternative. PHMSA's goal is to incorporate updated editions
of industry standards by reference into the PSRs when appropriate to
facilitate pipeline operators to use current technology, new materials,
and other management practices. Another goal is to update and clarify
certain provisions in the regulations.
Environmental Consequences: The Nation's pipelines are located
throughout the United States, both onshore and offshore, and traverse a
variety of environments that range from highly populated urban sites to
remote, unpopulated, rural areas and ecologically sensitive
environments. The Federal pipeline regulatory system is a risk-
management system that is prevention-oriented and focused on
identifying safety hazards and reducing the likelihood and quantity of
a gas or hazardous liquid (or carbon dioxide) 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
(as well as carbon dioxide) and 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 (as well as
carbon dioxide) or 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, or offshore marine ecosystems); special ecological
resources (e.g., threatened and endangered plant and animal species and
their habitats, national and State parklands, biological reserves, or
wild and scenic rivers); and the contamination of air, water resources
(e.g., oceans, streams, or lakes), and soil that exists 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, carbon dioxide
release, or gas leak, and the nature of the failure zone, the potential
impacts could vary from property or environmental damage, to injuries
or, on rare occasions, fatalities.
Compliance with the PSRs substantially reduces the possibility of
an accidental release of product. Incorporating new industry standards
or updating those already incorporated into the PSRs can provide
operators with the advantages and added safety that can accompany the
use of newer technologies. These standards are based on the shared
knowledge and experience of owners, operators, manufactures, risk-
management experts, and others involved in the pipeline industry, as
well as regulatory agencies like PHMSA and state DOTs. PHMSA staff
actively participates in the standards development process to ensure
that each incorporated standard will enhance pipeline safety and
environmental protection. Newer editions are not automatically
incorporated, but instead reviewed in detail before they may be
incorporated into the PSRs.
PHMSA reviewed each of the standards described in this rule and
determined that most of the updates involve minor changes, such as
editorial changes, the inclusion of best practices, or similar changes.
The majority of updates incorporated in this final rule increase
pipeline safety standards to decrease risk. In a small number of
instances, standards organizations relax standards to reduce industry
burden when justified by low risk, overlapping protections, or
technological innovation within the same standard. Provisions that
allow for relaxation are the less-conservative-design sloshing wave-
height calculations in the revised edition of API Std 650; the
provisions in the 21st edition of API Std 1104 that allow welders who
are qualified in a fixed position to also be qualified to weld in the
roll position; and the elimination of the need to calculate evaporation
rates in the 7th edition of API Std 2000. PHMSA has determined that
each of these updates maintains and provides adequate protection
against applicable risks, and that the safety improvements elsewhere in
API Std 650, API Std 1104, and API Std 2000 offset these changes.
Environmental Justice: Executive Order 12898 (``Federal Actions to
Address Environmental Justice in Minority Populations and Low-Income
Populations''),\28\ directs Federal agencies to take appropriate and
necessary steps to identify and address disproportionately high and
adverse effects of Federal actions on the health or environment of
minority and low-income populations ``[t]o the greatest extent
practicable and permitted by law.'' DOT Order 5610.2C (``U.S.
Department of Transportation Actions to Address Environmental Justice
in Minority Populations and Low-Income Populations'') establishes
departmental procedures for effectuating Executive Order 12898 by
promoting and fully considering the principles of environmental justice
throughout the planning and decision-making process when developing
programs, policies, and activities--including PHMSA rulemaking.
---------------------------------------------------------------------------
\28\ 59 FR 7629 (Feb. 16, 1994).
---------------------------------------------------------------------------
PHMSA evaluated this final rule according to DOT Order 5610.2C and
Executive Order 12898 and has determined that it will not cause
disproportionately high and adverse human health and environmental
effects on minority populations and low-income populations. The final
rule is national in scope; it is neither directed toward a particular
population, region, or community, nor is it expected to adversely
impact any particular population, region, or community. Indeed, because
this rule will generally reduce safety and environmental risks, PHMSA
understands the regulatory amendments will reduce any disproportionate
human health and environmental risks for minority populations, low-
income populations, or other underserved and disadvantaged communities
in the vicinity of pipelines within the scope of the rule's amendments.
Lastly, the regulatory amendments will yield reductions in greenhouse
gas emissions, thereby reducing the risks posed by anthropogenic
climate change to minority and low-income populations, and historically
underserved and other traditionally disadvantaged populations and
communities.
The above findings are also consistent with E.O. 14096
(``Revitalizing Our Nation's Commitment to Environmental Justice for
All'') \29\ by achieving several goals, including continuing to deepen
the Biden-Harris Administration's whole of government approach to
[[Page 33278]]
environmental justice and to better protect overburdened communities
from pollution and environmental harms.
---------------------------------------------------------------------------
\29\ 88 FR 25251 (April 26, 2023).
---------------------------------------------------------------------------
Public Involvement: On October 21, 2021, PHMSA held a virtual
public meeting to discuss periodic standards updates and inform this
rulemaking. During this meeting, members of the public, Tribal
government and Tribal advocacy representatives, State pipeline safety
program representatives, pipeline safety advocacy groups, first
responders and emergency response organizations, and industry experts
provided information and feedback on a variety of topics, including
current regulations, public perspectives, and public comments from the
NPRM. The meeting included many opportunities for questions and public
input. PHMSA also opened a docket in coordination with the public
meeting to receive additional input during and in response to the
meeting, which can be found at: https://www.regulations.gov/docket/PHMSA-2021-0069. The full transcripts of the meeting can be found at:
https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=156.
Conclusion--Finding of No Significant Impact (FONSI): Based on the
analysis summarized in this Final Environmental Assessment, the
analysis provided in the NPRM, this final rule, and accompanying
documents in Docket No. PHMSA-2016-0002, PHMSA finds that the final
rule does not result in a significant impact on the human or natural
environment. Overall, the final rule is expected to have a positive
environmental impact by incorporating industry standards that will
allow the pipeline industry to use improved technologies, new
materials, performance-based approaches, manufacturing processes, and
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
their destinations. In accordance with NEPA, PHMSA solicited comments
on the environmental and safety impacts of the proposed rule. All
comments received during this period were addressed in the final rule.
None of the comments concerned the environmental assessment specified
in the proposed rule. Therefore, PHMSA is issuing a Finding of No
Significant Impact (FONSI) thus concluding the NEPA process for this
rulemaking.
Executive Order 13211: Significant Energy Actions
Executive Order 13211 (``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'') \30\
requires Federal agencies to prepare a Statement of Energy Effects for
any ``significant energy action.'' Executive Order 13211 defines a
``significant energy action'' as any action by an agency (normally
published in the Federal Register) that promulgates or is expected to
lead to the promulgation of a final rule or regulation that (1)(i) is a
significant regulatory action under Executive Order 12866 or any
successor order, and (ii) is likely to have a significant adverse
effect on the supply, distribution, or use of energy; or (2) is
designated by the Administrator of the Office of Information and
Regulatory Affairs (OIRA) as a significant energy action.
---------------------------------------------------------------------------
\30\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------
This final rule will not be a ``significant energy action'' under
Executive Order 13211. It will not have a significant adverse effect on
the supply, distribution, or use of energy. Further, OIRA has not
designated this final rule as a significant energy action.
Executive Order 13609 and International Trade Analysis
Executive Order 13609 (``Promoting International Regulatory
Cooperation'') \31\ requires agencies to consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American businesses to export and compete internationally.
In meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
would be adopted in the absence of such cooperation. International
regulatory cooperation can also reduce, eliminate, or prevent
unnecessary differences in regulatory requirements.
---------------------------------------------------------------------------
\31\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------
Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any industry standards or
engaging in related activities that create unnecessary obstacles to the
foreign commerce of the United States. For purposes of these
requirements, Federal agencies may participate in the establishment of
international standards so long as the standards have a legitimate
domestic objective, such as helping to ensure safety, and do not
operate to exclude imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they serve as the basis for U.S. standards.
PHMSA participates in the establishment of international standards
to protect the safety of the American public. PHMSA assessed the
effects of the final rule and understands that it will not cause
unnecessary obstacles to foreign trade.
Cybersecurity and Executive Order 14028
Executive Order 14028 (``Improving the Nation's Cybersecurity'')
\32\ directs the Federal Government to improve its efforts to identify,
deter, and respond to ``persistent and increasingly sophisticated
malicious cyber campaigns.'' In keeping with these policies and
directives, PHMSA has assessed the effects of this final rule to
determine what impact the regulatory amendments may have on
cybersecurity risks for pipeline facilities and has determined that
this final rule will not materially affect the cybersecurity risk
profile for pertinent pipeline facilities.
---------------------------------------------------------------------------
\32\ 86 FR 26633 (May 17, 2021).
---------------------------------------------------------------------------
This final rule adopts more than 20 new or updated voluntary,
consensus industry technical standards that provide specification of
materials, test methods, or performance requirements. Gas and hazardous
liquid (and carbon dioxide) pipeline operator compliance strategies may
be subject to current Transportation Security Agency (TSA) pipeline
cybersecurity directives \33\ and would be subject to ongoing TSA
efforts to strengthen cybersecurity and resiliency in the pipeline
sector, as discussed within an ANPRM published in November 2022.\34\
Further, the Cybersecurity & Infrastructure Security Agency (CISA) and
the Pipeline Cybersecurity Initiative (PCI) of the U.S. Department of
Homeland Security conduct ongoing activities to address cybersecurity
risks to U.S. pipeline facilities, and may introduce other
cybersecurity requirements and guidance for gas and hazardous liquid
(and carbon dioxide) pipeline operators.\35\ Lastly, because PHMSA
concludes that each of the updated standards in this final rule will
enhance the protection of public safety and the environment, this
rulemaking could reduce the public safety and the
[[Page 33279]]
environmental consequences in the event of a cybersecurity incident on
pertinent pipeline facilities.
---------------------------------------------------------------------------
\33\ E.g., TSA, Security Directive Pipeline-2021-01C (May 29,
2023); TSA, Security Directive Pipeline-2021-02D (July 27, 2023).
\34\ TSA, ``Advance Notice of Proposed Rulemaking: Enhancing
Surface Cyber Risk Management,'' 87 FR 73527 (Nov. 30, 2022).
\35\ See, e.g., CISA, National Cyber Awareness System Alerts,
https://www.cisa.gov/uscert/ncas/alerts (last accessed Feb. 1,
2023).
---------------------------------------------------------------------------
National Technology Transfer and Advancement Act
As discussed above, the NTTAA of 1995 (15 U.S.C. 272 note) directs
Federal agencies to use voluntary, consensus technical industry
standards in their regulatory activities unless doing so would be
inconsistent with applicable law or would be otherwise impractical.
Voluntary, consensus technical industry standards are technical
standards (e.g., specification of materials, test methods, or
performance requirements) that are developed or adopted by voluntary
consensus standards bodies. This final rule adopts more than 20 new or
updated voluntary, consensus industry technical standards.
Severability
The purpose of this final rule is to operate holistically in
addressing a panoply of issues necessary to ensure safe operation of
regulated gas and hazardous liquid (as well as carbon dioxide)
pipelines, with a focus on providing pipeline operators the ability to
use current technologies, improved materials, and updated industry and
management practices. However, PHMSA recognizes that this rule
incorporates by reference various updated industry standards that focus
on unique topics. Therefore, PHMSA concludes that the regulatory
amendments adopted herein incorporating various updated industry
standards into the PSRs are severable and able to function
independently if severed from each other. In the event a court were to
invalidate one or more of the unique provisions of the final rule
issued in this proceeding, the remaining provisions should stand, thus
allowing their continued effect.
List of Subjects
49 CFR Part 192
Incorporation by reference, Pipeline safety, Natural gas.
49 CFR Part 195
Incorporation by reference, Pipeline safety, Anhydrous ammonia,
Carbon dioxide, Petroleum.
In consideration of the foregoing, PHMSA is amending 49 CFR parts
192 and 195 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: 30 U.S.C. 185(w)(3), 49 U.S.C. 5103, 60101 et seq.,
and 49 CFR 1.97.
0
2. In Sec. 192.3, add, in alphabetical order, the definition for
``Master Meter System'' to read as follows:
Sec. 192.3 Definitions.
* * * * *
Master Meter System means a pipeline system for distributing gas
within, but not limited to, a definable area (such as a mobile home
park, housing project, or apartment complex) where the operator
purchases metered gas from an outside source for resale through a gas
distribution pipeline system. The gas distribution pipeline system
supplies the ultimate consumer who either purchases the gas directly
through a meter or by other means, such as by rents.
* * * * *
0
3. Amend Sec. 192.7 by:
0
a. Revising paragraph (a), the introductory text of paragraph (b),
paragraphs (b)(7) through (9), the introductory text of paragraph (c)
and paragraphs (c)(2), (5), and (6);
0
b. Adding paragraph (c)(7);
0
c. Redesignating paragraphs (c)(8) through (10) as (c)(9) through (11);
0
d. Adding paragraph (c)(8);
0
e. Revising the introductory text of paragraph (e) and paragraphs
(e)(1) through (3), (5), (7), and (9);
0
f. Removing and reserve paragraph (f); and
0
g. Revising paragraph (g), the introductory text of paragraph (i), and
paragraphs (i)(2) through (4).
The revisions and additions read as follows:
Sec. 192.7 What documents are incorporated by reference partly or
wholly in this part?
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Pipeline
and Hazardous Materials Safety Administration (PHMSA) and the National
Archives and Records Administration (NARA). Contact PHMSA at: Office of
Pipeline Safety, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; 202-
366-4046; www.phmsa.dot.gov/pipeline/regs. For information on the
availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. It is
also available from the sources in the following paragraphs of this
section.
(b) American Petroleum Institute (API), 200 Massachusetts Avenue
NW, Suite 1100, Washington, DC 20001-5571; phone: (202) 682-8000;
website: www.api.org.
* * * * *
(7) API Specification 5L, Line Pipe, 46th edition, April 2018,
including Errata 1 (May 2018), (API Spec 5L); IBR approved for
Sec. Sec. 192.55(e); 192.112(a), (b), (c), (d), and (e); 192.113;
appendix B to part 192.
(8) API Specification 6D, Specification for Pipeline and Piping
Valves, 24th edition, August 2014, including Errata 1 through 10
(October 2014 through July 2021), Addendum 1 (March 2015), and Addendum
2 (June 2016), (API Spec 6D); IBR approved for Sec. 192.145(a).
(9) API Standard 1104, Welding of Pipelines and Related Facilities,
21st edition, September 2013, including Errata 1 through 5 (April 2014
through September 2018), Addendum 1 (2014), and Addendum 2 (2016), (API
Std 1104); IBR approved for Sec. Sec. 192.225(a); 192.227(a);
192.229(b) and (c); 192.241(c); appendix B to part 192.
* * * * *
(c) American Society of Mechanical Engineers (ASME), Three Park
Avenue, New York, NY 10016; phone: (800) 843-2763; email:
[email protected]; website: www.asme.org/.
* * * * *
(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); 192.607(f).
* * * * *
(5) ASME B31.8-2018, Gas Transmission and Distribution Piping
Systems, Issued November 20, 2018, (ASME B31.8); IBR approved for
Sec. Sec. 192.112(b); 192.619(a).
(6) ASME/ANSI B31.8S-2004, ``Supplement to B31.8 on Managing System
Integrity of Gas Pipelines,'' approved January 14, 2005, (ASME/ANSI
B31.8S-2004), IBR approved for Sec. Sec. 192.714(d); 192.933(d).
(7) ASME B31.8S-2018, Managing System Integrity of Gas Pipelines,
Issued November 28, 2018, (ASME B31.8S); IBR approved for Sec. Sec.
192.13(d); 192.714(c); 192.903 note to Potential impact radius; 192.907
introductory text and (b); 192.911 introductory text, (i), and (k)
through (m); 192.913(a) through (c); 192.917(a) through (e);
192.921(a);
[[Page 33280]]
192.923(b); 192.925(b); 192.933(c); 192.935(b); 192.937(c); 192.939(a);
192.945(a).
(8) ASME B36.10M-2018, Welded and Seamless Wrought Steel Pipe,
Issued October 12, 2018, (ASME B36.10M); IBR approved for Sec.
192.279.
* * * * *
(e) ASTM International (ASTM), 100 Barr Harbor Drive, P.O. Box
C700, West Conshohocken, PA 19428; phone: (610) 832-9585; email:
[email protected]; website: www.astm.org.
(1) ASTM A53/A53M-20, Standard Specification for Pipe, Steel, Black
and Hot-Dipped, Zinc-Coated, Welded and Seamless, approved July 1,
2020, (ASTM A53/A53M); IBR approved for Sec. 192.113; appendix B to
part 192.
(2) ASTM A106/A106M-19A, Standard Specification for Seamless Carbon
Steel Pipe for High-Temperature Service, approved November 1, 2019,
(ASTM A106/A106M); IBR approved for Sec. 192.113; appendix B to part
192.
(3) ASTM A333/A333M-18, Standard Specification for Seamless and
Welded Steel Pipe for Low-Temperature Service and Other Applications
with Required Notch Toughness, approved November 1, 2018, (ASTM A333/
A333M); IBR approved for Sec. 192.113; appendix B to part 192.
* * * * *
(5) ASTM A381/A381M-18, Standard Specification for Metal-Arc-Welded
Carbon or High-Strength Low-Alloy Steel Pipe for Use with High-Pressure
Transmission Systems, approved November 1, 2018, (ASTM A381); IBR
approved for Sec. 192.113; appendix B to part 192.
* * * * *
(7) ASTM A671/A671M-20, Standard Specification for Electric-Fusion-
Welded Steel Pipe for Atmospheric and Lower Temperatures, approved
March 1, 2020, (ASTM A671/A671M); IBR approved for Sec. 192.113;
appendix B to part 192.
* * * * *
(9) ASTM A691/A691M-19, Standard Specification for Carbon and Alloy
Steel Pipe, Electric-Fusion-Welded for High-Pressure Service at High
Temperatures, approved November 1, 2019, (ASTM A691/A691M); IBR
approved for Sec. 192.113; appendix B to part 192.
* * * * *
(g) Manufacturers Standardization Society of the Valve and Fittings
Industry, Inc. (MSS), 127 Park St. NE, Vienna, VA 22180; phone: (703)
281-6613; email: [email protected]; website: www.mss-hq.org/.
(1) ANSI/MSS SP-44-2019, Steel Pipeline Flanges, published April
2020, (MSS SP-44); IBR approved for Sec. 192.147(a).
(2) [Reserved]
* * * * *
(i) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169; phone: (617) 984-7275; website: www.nfpa.org.
* * * * *
(2) NFPA 58, Liquefied Petroleum Gas Code, 2020 edition, effective
August 25, 2019, (NFPA 58); IBR approved for Sec. 192.11.
(3) NFPA 59, Utility LP-Gas Plant Code, 2018 edition, effective
September 6, 2017, (NFPA 59); IBR approved for Sec. 192.11.
(4) NFPA 70, National Electrical Code (NEC), 2017 edition,
effective August 24, 2016, (NFPA 70); IBR approved for Sec. Sec.
192.163(e); 192.189(c).
* * * * *
0
4. Revise Sec. 192.11 to read as follows:
Sec. 192.11 Petroleum gas systems.
(a) Each plant that supplies petroleum gas by pipeline to a natural
gas distribution system must meet the requirements of this part and
NFPA 58 or NFPA 59 (both incorporated by reference, see Sec. 192.7),
based on the scope and applicability statements in those standards.
(b) Each pipeline system subject to this part that transports only
petroleum gas or petroleum gas/air mixtures must meet the requirements
of this part and NFPA 58 or NFPA 59 (both incorporated by reference,
see Sec. 192.7), based on the scope and applicability statements in
those standards.
(c) In the event of a conflict between this part and NFPA 58 or
NFPA 59 (both incorporated by reference, see Sec. 192.7), NFPA 58 or
NFPA 59 shall prevail if applicable based on the scope and
applicability statements in those standards.
Sec. 192.13 [AMENDED]
0
5. In Sec. 192.13 paragraph (d), remove the text ``ASME/ANSI B31.8S''
and add, in its place, the text ``ASME B31.8S''.
Sec. 192.112 [AMENDED]
0
6. Amend Sec. 192.112 by:
0
a. Removing in paragraph (b)(1)(ii), the text ``American Society of
Mechanical Engineers (ASME)'' and adding, in its place, the text
``ASME'';
0
b. Removing in paragraph (b)(2)(iv), the text ``API Specification 5L''
and adding, in its place, the text ``API Spec 5L'';
0
c. Removing in the introductory text of paragraph (c)(2), the text
``include (i) and either (ii) or (iii)'' and adding, in its place, the
text ``include paragraph (c)(2)(i) of this section and either paragraph
(c)(2)(ii) or (iii) of this section'';
0
d. Redesignating paragraphs (c)(2)(iii)(a) through (e) as paragraphs
(c)(2)(iii)(A) through (E) and adding a paragraph break before each
newly redesignated paragraph; and
0
e. Removing in paragraph (e)(3), the text ```ANSI/API Spec 5L''' and
adding, in its place, the text ``API Spec 5L''.
0
7. Revise Sec. 192.113 to read as follows:
Sec. 192.113 Longitudinal joint factor (E) for steel pipe.
(a) The longitudinal joint factor to be used in the design formula
in Sec. 192.105 is determined in accordance with the table 1 to this
paragraph (a):
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Longitudinal
Specification Pipe class joint factor
(E)
------------------------------------------------------------------------
ASTM A53/A53M (incorporated by Seamless............ 1.00
reference, see Sec. 192.7).
Electric resistance 1.00
welded.
Furnace butt welded. .60
ASTM A106/A106M (incorporated by Seamless............ 1.00
reference, see Sec. 192.7).
ASTM A333/A333M (incorporated by Seamless............ 1.00
reference, see Sec. 192.7).
Electric resistance 1.00
welded.
ASTM A381 (incorporated by Double submerged arc 1.00
reference, see Sec. 192.7). welded.
ASTM A671/A671M (incorporated by Electric-fusion- 1.00
reference, see Sec. 192.7). welded.
ASTM A672 (incorporated by Electric-fusion- 1.00
reference, see Sec. 192.7). welded.
ASTM A691/A691M (incorporated by Electric-fusion- 1.00
reference, see Sec. 192.7). welded.
API Spec 5L (incorporated by Seamless............ 1.00
reference, see Sec. 192.7).
[[Page 33281]]
Electric resistance 1.00
welded.
Electric flash 1.00
welded.
Submerged arc welded 1.00
Furnace butt welded. .60
Other............................. Pipe over 4 inches .80
(102 millimeters).
Other............................. Pipe 4 inches (102 .60
millimeters) or
less.
------------------------------------------------------------------------
(b) If the type of longitudinal joint cannot be determined, the
joint factor to be used must not exceed that designated for ``Other.''
0
8. In Sec. 192.121, revise paragraphs (c)(2)(iv), (d)(2)(iv), and
(e)(4) to read as follows:
Sec. 192.121 Design of plastic pipe.
* * * * *
(c) * * *
(2) * * *
(iv) The wall thickness for a given outside diameter is not less
than that listed in Table 1 to this paragraph (c)(2)(iv):
Table 1 to Paragraph (c)(2)(iv)
------------------------------------------------------------------------
PE pipe: minimum wall thickness and SDR values
-------------------------------------------------------------------------
Corresponding
Minimum wall dimension
Pipe size (inches) thickness ratio
(inches) (values)
------------------------------------------------------------------------
\1/2\'' CTS............................. 0.090 7
\1/2\'' IPS............................. 0.090 9.3
\3/4\'' CTS............................. 0.090 9.7
\3/4\'' IPS............................. 0.095 11
1'' CTS................................. 0.099 11
1'' IPS................................. 0.119 11
1 \1/4\'' CTS........................... 0.121 11
1 \1/4\'' IPS........................... 0.151 11
1 \1/2\'' IPS........................... 0.173 11
2''..................................... 0.216 11
3''..................................... 0.259 13.5
4''..................................... 0.265 17
6''..................................... 0.315 21
8''..................................... 0.411 21
10''.................................... 0.512 21
12''.................................... 0.607 21
------------------------------------------------------------------------
(d) * * *
(2) * * *
(iv) The minimum wall thickness for a given outside diameter is not
less than that listed in table 2 to this paragraph (d)(2)(iv):
Table 2 to Paragraph (d)(2)(iv)
------------------------------------------------------------------------
PA-11 pipe: minimum wall thickness and SDR values
-------------------------------------------------------------------------
Corresponding
Minimum wall dimension
Pipe size (inches) thickness ratio
(inches) (values)
------------------------------------------------------------------------
\1/2\'' CTS............................. 0.090 7.0
\1/2\'' IPS............................. 0.090 9.3
\3/4\'' CTS............................. 0.090 9.7
\3/4\'' IPS............................. 0.095 11
1'' CTS................................. 0.099 11
1'' IPS................................. 0.119 11
1 \1/4\'' CTS........................... 0.121 11
1 \1/4\'' IPS........................... 0.151 11
1 \1/2\'' IPS........................... 0.173 11
2'' IPS................................. 0.216 11
3'' IPS................................. 0.259 13.5
4'' IPS................................. 0.333 13.5
6'' IPS................................. 0.491 13.5
------------------------------------------------------------------------
(e) * * *
(4) The minimum wall thickness for a given outside diameter is not
less than that listed in table 3 to this paragraph (e)(4):
Table 3 to Paragraph (e)(4)
------------------------------------------------------------------------
PA-12 Pipe: minimum wall thickness and SDR values
-------------------------------------------------------------------------
Corresponding
Minimum wall dimension
Pipe size (inches) thickness ratio
(inches) (values)
------------------------------------------------------------------------
\1/2\'' CTS............................. 0.090 7
\1/2\'' IPS............................. 0.090 9.3
\3/4\'' CTS............................. 0.090 9.7
\3/4\'' IPS............................. 0.095 11
1'' CTS................................. 0.099 11
1'' IPS................................. 0.119 11
1 \1/4\'' CTS........................... 0.121 11
1 \1/4\'' IPS........................... 0.151 11
1 \1/2\'' IPS........................... 0.173 11
2'' IPS................................. 0.216 11
3'' IPS................................. 0.259 13.5
4'' IPS................................. 0.333 13.5
6'' IPS................................. 0.491 13.5
------------------------------------------------------------------------
* * * * *
Sec. 192.145 [AMENDED]
0
9. In Sec. 192.145 paragraph (a), remove the text ``ANSI/API Spec 6D''
and add, in its place, the text ``API Spec 6D''.
0
10. In Sec. 192.147, revise paragraph (a) to read as follows:
Sec. 192.147 Flanges and flange accessories.
(a) Each flange or flange accessory (other than cast iron) must
meet the minimum requirements of ASME/ANSI B16.5 (incorporated by
reference, see Sec. 192.7), ANSI/MSS SP-44 (incorporation by
reference, see Sec. 192.7), or the equivalent.
* * * * *
0
11. In Sec. 192.153, revise paragraph (d) to read as follows:
Sec. 192.153 Components fabricated by welding.
* * * * *
(d) Except for flat closures designed in accordance with ASME BPVC,
Section VIII, Division 1 or Division 2, (both incorporated by
reference, see Sec. 192.7), flat closures and fish tails may not be
used on pipe that either operates at 100 psig (689 kilopascals) or
more, or that is more than 3 inches (76 millimeters) in nominal
diameter.
* * * * *
Sec. 192.163 [AMENDED]
0
12. In Sec. 192.163 paragraph (e), remove the text ``NFPA-70'' and
add, in its place, the text ``NFPA 70 (incorporated by reference, see
Sec. 192.7)''.
Sec. 192.225 [AMENDED]
0
13. In Sec. 192.225 paragraph (a), remove the text ``section 5'' and
add, in its place, the text ``section 5 (except for Note 2 in section
5.4.2.2)''.
0
14. Revise Sec. 192.279 to read as follows:
Sec. 192.279 Copper pipe.
Copper pipe may not be threaded except for copper pipe that is used
for joining screw fittings or valves, which may be threaded if the wall
thickness is equivalent to the comparable size of Schedule 40 or
heavier wall pipe listed in ASME B36.10M (incorporated by reference,
see Sec. 192.7).
Sec. 192.714 [AMENDED]
0
15. Amend Sec. 192.714, by:
0
a. Removing the text ``ASME/ANSI B31.8S'' in paragraph (c), and adding,
in its place, the text ``ASME B31.8S'';
0
b. Removing in paragraph (c) the text ``section 7, Figure 4'' and
adding, in its place, the text ``Section 7, Figure 7.2.1-1''; and
0
c. Removing in paragraph (d)(1) and (d)(2)(iv), the text ``ASME/ANSI
[[Page 33282]]
B31.8S'' and adding, in its place, the text ``ASME/ANSI B31.8S-2004''.
0
16. In Sec. 192.727 revise paragraph (g)(1) to read as follows:
Sec. 192.727 Abandonment or deactivation of facilities.
* * * * *
(g) * * *
(1) The preferred method to submit data on pipeline facilities
abandoned after October 10, 2000, is to the National Pipeline Mapping
System (NPMS) in accordance with the NPMS ``Standards for Pipeline and
Liquefied Natural Gas Operator Submissions.'' To obtain a copy of the
NPMS Standards, please refer to the NPMS homepage at
www.npms.phmsa.dot.gov. A digital data format is preferred, but hard
copy submissions are acceptable if they comply with the NPMS Standards.
In addition to the NPMS-required attributes, operators must submit the
date of abandonment, diameter, method of abandonment, and certification
that, to the best of the operator's knowledge, all of the reasonably
available information requested was provided and, to the best of the
operator's knowledge, the abandonment was completed in accordance with
applicable laws. Refer to the NPMS Standards for details in preparing
your data for submission. The NPMS Standards also include details of
how to submit data. Alternatively, operators may submit reports by
mail, fax or email to the Office of Pipeline Safety, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, Information Resources Manager, PHP-10, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001; fax (202) 366-4566; email
[email protected]. The information in the report must
contain all reasonably available information related to the facility,
including information in the possession of a third party. The report
must contain the location, size, date, method of abandonment, and a
certification that the facility has been abandoned in accordance with
all applicable laws.
* * * * *
Sec. 192.903 [AMENDED]
0
17. Amend the Note to Potential impact radius in Sec. 192.903 by
removing the term ``ASME/ANSI B31.8S'' and adding in its place the term
``ASME B31.8S''.
Sec. 192.907 [AMENDED]
0
18. In Sec. 192.907 paragraph (b), remove the text ``ASME/ANSI
B31.8S'' wherever it appears and add, in its place, the text ``ASME
B31.8S''.
0
19. Amend Sec. 192.911 by:
0
a. Removing in the introductory text to Sec. 192.911, paragraphs (i),
and (l), the text ``ASME/ANSI B31.8S'' and adding in its place, the
text ``ASME B31.8S''; and
0
b. Revising paragraph (m).
The revisions read as follows:
Sec. 192.911 What are the elements of an integrity management
program?
* * * * *
(m) A communication plan that includes the elements of ASME B31.8,
Paragraph 850.9 (incorporated by reference, see Sec. 192.7), and that
includes procedures for addressing safety concerns raised by--
(1) OPS; and
(2) A State or local pipeline safety authority when a covered
segment is located in a State where OPS has an interstate agent
agreement.
* * * * *
Sec. 192.917 [AMENDED]
0
20. Amend Sec. 192.917 by:
0
a. Removing the text ``ASME/ANSI B31.8S'', wherever it appears, and
add, in its place, the text ``ASME B31.8S'';
0
b. Removing the paragraph break between the introductory text of
paragraph (b) and the undesignated paragraph immediately following;
0
c. Removing in paragraph (e)(1), the text ``Appendix A7'' and adding,
in its place, the text ``Appendix A-8''; and
0
d. Removing in paragraph (e)(4), the text ``Appendices A4.3 and A4.4''
and adding, in its place, the text ``Appendices A-5.3 and A-5.4''.
Sec. 192.921 [AMENDED]
0
21. In Sec. 192.921 paragraph (a)(2), remove the text ``specified in
Table 3 of section 5 of ASME/ANSI'' and add in its place, the text
``specified in Table 5.6.1-1 of Section 5 of ASME''.
Sec. 192.923 [AMENDED]
0
22. In Sec. 192.923, amend paragraph (b)(1) by:
0
a. Removing the text ``ASME/ANSI'' and adding, in its place, the text
``ASME''; and
0
b. Removing the text ``section 6.4'' and adding, in its place, the text
``Section 6.4''.
Sec. 192.925 [AMENDED]
0
23. In Sec. 192.925, remove the text ``ASME/ANSI B31.8S'', wherever it
appears, and add, in its place, the text ``ASME B31.8S''.
Sec. 192.927 [AMENDED]
0
24. In Sec. 192.927 paragraph (c)(4)(iii), remove the paragraph break
that appears after the text ``risk factors specific to the ICDA
region''.
Sec. 192.933 [AMENDED]
0
25. Amend Sec. 192.933, by:
0
a. Removing in paragraph (c), the text ``ASME/ANSI B31.8S'' and adding,
in its place, the text ``ASME B31.8S'';
0
b. Removing in paragraph (c), the text ``section 7, Figure 4'' and
adding, in its place, the text ``Section 7, Figure 7.2.1-1''; and
0
c. Removing in paragraph (d), the text ``ASME/ANSI B31.8S'', wherever
it appears, and adding, in its place, the text ``ASME/ANSI B31.8S-
2004''.
Sec. 192.935 [AMENDED]
0
26. In Sec. 192.935 paragraph (b)(1)(iv), remove the text ``ANSI/
ASME'' and add, in its place, the text ``ASME''.
Sec. 192.937 [AMENDED]
0
27. In Sec. 192.937 paragraph (c)(2), remove the text ``table 3 of
section 5 of ASME/ANSI'' and add, in its place, the text ``Table 5.6.1-
1 of Section 5 of ASME''.
Sec. 192.939 [AMENDED]
0
28. Amend Sec. 192.939 by:
0
a. Removing in paragraph (a)(1)(ii), the text ``section 5, Table 3''
and adding, in its place, the text ``Table 5.6.1-1 of Section 5''; and
0
b. Removing in paragraph (a)(3), the text ``ASME/ANSI B31.8S, section
5, Table 3'' and adding, in its place, the text ``ASME B31.8S, Table
5.6.1-1 of Section 5''.
Appendix B to Part 192 [Amended]
0
29. Amend Section I.A. by removing the text ``API Specification for
Line Pipe'' and adding in its place, the text ``Line Pipe''.
PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
0
30. The authority citation for part 195 continues to read as follows:
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5103, 60101 et seq,
and 49 CFR 1.97.
0
31. In Sec. 195.1, revise paragraph (c) to read as follows:
Sec. 195.1 Which pipelines are covered by this Part?
* * * * *
(c) Breakout tanks. Breakout tanks that are subject to this part
must comply with requirements that apply specifically to breakout tanks
and, to the extent applicable, with requirements that apply to pipeline
systems and pipeline facilities. If a conflict exists between a
requirement that applies specifically to breakout tanks and a
requirement that applies to pipeline systems or pipeline facilities,
the
[[Page 33283]]
requirement that applies specifically to breakout tanks prevails.
Anhydrous ammonia breakout tanks need not comply with Sec. Sec.
195.132(b); 195.205(b); 195.264(b) and (e); 195.307; 195.428(c) through
(d); and 195.432(b) and (c).
0
32. Amend Sec. 195.3 by:
0
a. Revising paragraph (a), the introductory text of paragraph (b), and
paragraphs (b)(1), and (5), (12) through (14), (17) and (18), and (20)
and (21);
0
b. Redesignating paragraphs (b)(1) through (23) as set forth in the
following table:
------------------------------------------------------------------------
Old New
------------------------------------------------------------------------
Paragraph (b)(1).......................... Paragraph (b)(11).
Paragraph (b)(2) through (11)............. Paragraph (b)(1) through
(10).
Paragraph (b)(12)......................... Paragraph (b)(22).
Paragraph (b)(13) through (20)............ Paragraph (b)(12) through
(19).
Paragraph (b)(21)......................... Paragraph (b)(21).
Paragraph (b)(22)......................... Paragraph (b)(23).
Paragraph (b)(23)......................... Paragraph (b)(20).
------------------------------------------------------------------------
0
d. Revising the introductory text of paragraph (c) and paragraphs
(c)(3) and (4);
0
e. Revising and republishing paragraph (e);
0
f. Revising paragraph (f), the introductory text of paragraph (g), and
paragraph (g)(4); and
0
g. Redesignating paragraphs (f) and (g) as set forth in the following
table:
------------------------------------------------------------------------
Old New
------------------------------------------------------------------------
Paragraph (f)............................. Paragraph (g).
Paragraph (g)............................. Paragraph (f).
------------------------------------------------------------------------
The additions and revisions read as follows:
Sec. 195.3 What documents are incorporated by reference partly or
wholly in this part?
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the Pipeline
and Hazardous Materials Safety Administration (PHMSA) and at the
National Archives and Records Administration (NARA). Contact PHMSA at:
Office of Pipeline Safety, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; (202)
366-4046; www.phmsa.dot.gov/pipeline/regs. For information on
inspecting this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. It is
also available from the sources in the following paragraphs of this
section.
(b) American Petroleum Institute (API), 200 Massachusetts Avenue
NW, Suite 1100, Washington, DC 20001-5571; phone: (202) 682-8000;
website: www.api.org/.
(1) API Recommended Practice 2026, ``Safe Access/Egress Involving
Floating Roofs of Storage Tanks in Petroleum Service,'' 3rd edition,
June 2017, (API RP 2026); IBR approved for Sec. 195.405(b).
* * * * *
(5) API Recommended Practice 651, Cathodic Protection of
Aboveground Petroleum Storage Tanks, 4th edition, September 2014, (API
RP 651); IBR approved for Sec. Sec. 195.565 and 195.573(d).
* * * * *
(12) API Standard 2350, ``Overfill Prevention for Storage Tanks in
Petroleum Facilities,'' 5th edition, September 2020, (API Std 2350),
including Errata 1 (April 2021); IBR approved for Sec. 195.428(c).
(13) API Specification 5L, Line Pipe, 46th edition, April 2018,
including Errata 1 (May 2018), (API Spec 5L) IBR approved for Sec.
195.106(b) and (e).
(14) API Specification Spec 6D, Specification for Pipeline and
Piping Valves, 24th edition, August 2014, including Errata 1 through 10
(October 2014 through July 2021), Addendum 1 (March 2015), and Addendum
2 (June 2016), (API Spec 6D); IBR approved for Sec. 195.116(d).
* * * * *
(17) API Standard 620, Design and Construction of Large, Welded,
Low-Pressure Storage Tanks, 12th edition, effective October 2013,
including Addendum 1 (November 2014) (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 Tanks for Oil Storage, 13th edition,
March 2020, including Errata 1 (January 2021), (API Std 650); IBR
approved for Sec. Sec. 195.132(b); 195.205(b); 195.264(b), (e);
195.307(c), (d); 195.565; 195.579(d).
* * * * *
(20) API Standard 1104, Welding of Pipelines and Related
Facilities, 21st edition, September 2013, including Errata 1 through 5
(April 2014 through September 2018), Addendum 1 (July 2014), and
Addendum 2 (May 2016); IBR approved for Sec. Sec. 195.214(a);
195.222(a) and (b); 195.228(b).
(21) API Standard 2000, Venting Atmospheric and Low-pressure
Storage Tanks, 7th Edition, March 2014, Reaffirmed April 2020, (API Std
2000), IBR approved for Sec. 195.264(e).
* * * * *
(c) The American Society of Mechanical Engineers (ASME), Two Park
Avenue, New York, NY 10016; phone: (800) 843-2763; website: http://www.asme.org/.
* * * * *
(3) ASME B31.4-2006, Pipeline Transportation Systems for Liquid
Hydrocarbons and Other Liquids, October 20, 2006, (ASME B31.4); IBR
approved for Sec. 195.110(a).
(4) ASME B31.8-2018, Gas Transmission and Distribution Piping
Systems, Issued November 20, 2018, (ASME B31.8); IBR approved for
Sec. Sec. 195.5(a); 195.406(a).
* * * * *
(e) ASTM International (ASTM), 100 Barr Harbor Drive, P.O. Box
C700, West Conshohocken, PA 119428; phone: (610) 832-9585; email:
[email protected]; website: http://www.astm.org/.
(1) ASTM A53/A53M-20, Standard Specification for Pipe, Steel, Black
and Hot-Dipped, Zinc-Coated, Welded and Seamless, approved July 1,
2020, (ASTM A53/A53M); IBR approved for Sec. 195.106(e).
(2) ASTM A106/A106M-19A, Standard Specification for Seamless Carbon
Steel Pipe for High-Temperature Service, approved November 1, 2019,
(ASTM A106/A106M); IBR approved for Sec. 195.106(e).
(3) ASTM A333/A333M-18, Standard Specification for Seamless and
Welded Steel Pipe for Low-Temperature Service and Other Applications
with Required Notch Toughness, approved November 1, 2018, (ASTM A333/
A333M); IBR approved for Sec. 195.106(e).
(4) ASTM A381/A381M-18, Standard Specification for Metal-Arc-Welded
Carbon or High-Strength Low-Alloy Steel Pipe for Use with High-Pressure
Transmission Systems, approved November 1, 2018, (ASTM A381); IBR
approved for Sec. 195.106(e).
(5) ASTM A671/A671M-20, Standard Specification for Electric-Fusion-
Welded Steel Pipe for Atmospheric and Lower Temperatures, approved
March 1, 2020, (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-19, Standard Specification for Carbon and Alloy
Steel Pipe, Electric-Fusion-Welded for High-Pressure Service at High
Temperatures, approved November 1, 2019, (ASTM A691/A691M); IBR
approved for Sec. 195.106(e).
(f) Manufacturers Standardization Society of the Valve and Fittings
Industry, Inc. (MSS), 127 Park St. NE,
[[Page 33284]]
Vienna, VA 22180; phone: (703) 281-6613; website: www.mss-hq.org/.
(1) MSS SP-75-2019 Standard Practice, High-Strength, Wrought, Butt-
Welding Fittings, published December 2019, (MSS SP-75); IBR approved
for Sec. 195.118(a).
(2) [Reserved]
(g) Association for Materials Protection and Performance (AMPP),
15835 Park Ten Place, Houston, TX 77084; phone: (800) 797-6223;
website: https://ampp.org/standards.
* * * * *
(4) NACE SP0204-2015, Stress Corrosion Cracking (SSC) Direct
Assessment Methodology, Revised March 14, 2015, (NACE SP0204); IBR
approved for Sec. 195.588(c).
Sec. 195.5 [AMENDED]
0
33. In Sec. 195.5 paragraph (a)(1)(i), remove the text ``ASME/ANSI
B31.8'' and add, in its place, the text ``ASME B31.8''.
0
34. In Sec. 195.58, revise paragraph (a) to read as follows:
Sec. 195.58 Reporting submission requirements.
(a) General. Except as provided in paragraphs (b) and (e) of this
section, an operator must submit each report required by this part
electronically to PHMSA at https://portal.phmsa.dot.gov unless an
alternative reporting method is authorized in accordance with paragraph
(d) of this section.
* * * * *
0
35. In Sec. 195.59, revise paragraph (a) to read as follows:
Sec. 195.59 Abandonment or deactivation of facilities.
* * * * *
(a) The preferred method to submit data on pipeline facilities
abandoned after October 10, 2000, is to the National Pipeline Mapping
System (NPMS) in accordance with the NPMS ``Standards for Pipeline and
Liquefied Natural Gas Operator Submissions.'' To obtain a copy of the
NPMS standards, please refer to the NPMS homepage at https://www.npms.phmsa.dot.gov. A digital data format is preferred, but hard
copy submissions are acceptable if they comply with the NPMS Standards.
In addition to the NPMS-required attributes, operators must submit the
date of abandonment, diameter, method of abandonment, and certification
that, to the best of the operator's knowledge, all of the reasonably
available information requested was provided and, to the best of the
operator's knowledge, the abandonment was completed in accordance with
applicable laws. Refer to the NPMS Standards for details in preparing
your data for submission. The NPMS Standards also include details of
how to submit data. Alternatively, operators may submit reports by
mail, fax or email to the Office of Pipeline Safety, Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, Information Resources Manager, PHP-10, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001; fax: (202) 366-4566; email:
[email protected]. The information in the report must
contain all reasonably available information related to the facility,
including information in the possession of a third party. The report
must contain the location, size, date, method of abandonment, and a
certification that the facility has been abandoned in accordance with
all applicable laws.
* * * * *
Sec. 195.106 [AMENDED]
0
36. In Sec. 195.106, amend paragraphs (b)(1)(i) and (e)(1) by removing
the text ``ANSI/API Spec 5L'' and adding, in its place, the text ``API
Spec 5L''.
Sec. 195.110 [AMENDED]
0
37. In Sec. 195.110 paragraph (a), remove the text ``ASME/ANSI B31.4''
and add, in its place, the words ``ASME B31.4''.
Sec. 195.116 [AMENDED]
0
38. In Sec. 195.116 paragraph (d), remove the text ``ANSI/API Spec
6D'' and add, in its place, the text ``API Spec 6D''.
Sec. 195.214 [AMENDED]
0
39. In Sec. 195.214 paragraph (a), remove the text ``section 5'' and
add, in its place, the text ``section 5 (except for Note 2 in section
5.4.2.2)''.
0
40. Amend Sec. 195.307 by:
0
a. Revising paragraph (c); and
0
b. Removing in paragraph (d), the text ``API Standard 653'' and adding,
in its place, the text ``API Std 653''.
The revision reads as follows:
Sec. 195.307 Pressure testing aboveground breakout tanks.
* * * * *
(c) For aboveground breakout tanks built to API Std 650
(incorporated by reference, see Sec. 195.3) that were first placed
into service after October 2, 2000, testing must be conducted in
accordance with Sections 7.3.6 and 7.3.7 of API Std 650.
* * * * *
Sec. 195.405 [AMENDED]
0
41. In Sec. 195.405 paragraph (b), remove the text ``API Pub 2026'',
wherever it appears, and add, in its place, the text ``API RP 2026''.
Sec. 195.406 [AMENDED]
0
42. In Sec. 195.406 paragraph (a)(1)(i), remove the text ``ASME/ANSI
B31.8'' and add, in its place, the text ``ASME B31.8''.
Sec. 195.428 [AMENDED]
0
43. In Sec. 195.428 paragraph (c), remove the text ``API RP 2350'',
wherever it appears, and add, in its place, the text ``API Std 2350''.
Sec. 195.565 [AMENDED]
0
44. In Sec. 195.565, remove the text ``ANSI/API RP 651'', wherever it
appears, and add, in its place, the text ``API RP 651''.
Sec. 195.588 [AMENDED]
0
45. In Sec. 195.588 paragraph (c), remove the text ``NACE SP0204-
2008'', wherever it appears, and add, in its place, the text ``NACE
SP0204''.
Issued in Washington, DC, on April 17, 2024, under authority
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2024-08624 Filed 4-26-24; 8:45 am]
BILLING CODE 4910-60-P