Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Edits, 36139-36151 [E9-17307]
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Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Proposed Rules
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
§ 101.147
Proposed Rules
For the reasons discussed in the
preamble, the Federal Communications
Commission proposes to amend 47 CFR
part 101 to read as follows:
PART 101—FIXED MICROWAVE
SERVICES
1. The authority citation for part 101
continues to read as follows:
Authority: 47 U.S.C. 154, 303.
Transmit (receive) (MHz)
2. Amend § 101.31 by revising
paragraph (b)(1)(vii) to read as follows:
§ 101.31 Temporary and conditional
authorizations.
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(b) * * *
(1) * * *
(vii) With respect to the 21.8–22.0
GHz and 23.0–23.2 GHz band, the filed
application(s) does not propose to
operate on a frequency pair centered on
other than 21.825/23.025 GHz, 21.875/
23.075 GHz, 21.925/23.125 GHz, 21.975/
23.175 GHz, 22.025/23.225 GHz or
22.075/23.275 GHz and does not
propose to operate with an E.I.R.P.
greater than 55 dBm. The center
frequencies are shifted from the center
frequencies listed above for certain
bandwidths as follows: Add 0.005 GHz
for 20 MHz bandwidth channels, add
0.010 GHz for 30 megahertz bandwidth
channels, and subtract 0.005 GHz for 40
MHz bandwidth channels. See specific
channel listings in § 101.147(s).
*
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3. Amend § 101.109(c) table by
revising the entry for the 6,525 to 6,875
Frequency band (MHz) to read as
follows:
§ 101.109
*
Bandwidth.
*
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(c) * * *
*
*
Maximun
authorized
bandwidth
Frequency band (MHz)
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*
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6,525 to 6,875 ......................... 30 MHz 1
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4. Amend § 101.147 by revising entry
6,525–6,875 MHz (14) to entry 6,525–
6,875 MHz (14)(33) in paragraph (a), by
adding note (33) to paragraph (a) and by
adding a new paragraph (l)(8) to read as
follows:
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Frequency assignments.
(a) * * *
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6,525–6,875 MHz (14)(33)
*
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*
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(33) The coordination of a new 30
MHz link in the 6,525–6,825 MHz band
should be attempted only if it cannot be
accommodated in the 5,925–6,425 MHz
band.
*
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*
(l) * * *
(8) 30 MHz bandwidth channels:
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6555
6595
6525
6655
6685
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..........................................
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..........................................
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*
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Receive
(transmit)
(MHz)
*
*
6725
6755
6785
6815
6845
*
[FR Doc. E9–17412 Filed 7–21–09; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 192, 193, and 195
[Docket No. PHMSA–2008–0301)
RIN 2137–AE41
Pipeline Safety: Periodic Updates of
Regulatory References to Technical
Standards and Miscellaneous Edits
AGENCY: Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
SUMMARY: PHMSA is proposing to
incorporate by reference (IBR) into the
pipeline safety regulations all or parts of
new editions of voluntary consensus
standards to allow pipeline operators to
use current technology, new materials,
and other industry and management
practices. In this document, PHMSA
also proposes to make nonsubstantive
edits and clarify regulatory language in
certain provisions. These proposed
amendments to the pipeline safety
regulations would not require pipeline
operators to undertake any significant
new pipeline safety initiatives.
DATES: Submit comments on the subject
of this proposed rule on or before
September 21, 2009.
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36139
ADDRESSES: You may submit comments,
identified by Docket No. PHMSA–2008–
0301, by any of the following methods:
• E-Gov Web: https://
www.regulations.gov. This site allows
the public to enter comments on any
Federal Register notice issued by any
agency. Follow the online instructions
for submitting comments.
• Mail: Docket Management System:
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: DOT
Docket Management System: West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE., between
9 a.m. and 5 p.m. ET, Monday through
Friday, except Federal holidays.
• Fax: 202–493–2251.
Instructions: Identify the docket ID,
PHMSA 2008–0301, at the beginning of
your comments. If you submit your
comments by mail, submit two copies.
If you wish to receive confirmation that
PHMSA received your comments,
include a self-addressed stamped
postcard. Internet users may submit
comments at https://
www.regulations.gov.
Note: All comments received will be
posted without edits to https://
www.regulations.gov, including any personal
information provided. Please see the Privacy
Act heading below.
Privacy Act: Anyone is able to search
the electronic comments received into
any of our dockets by the name of the
individual submitting the comment (or
signing the comment, if submitted on
behalf of an association, business, labor
union). You may review DOT’s
complete Privacy Act Statement in the
Federal Register published on April 11,
2000 (65 FR 19477–78) or you may visit
https://docketsinfo.dot.gov/.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov. Follow the online
instructions for accessing the dockets.
Alternatively, you may review the
documents in person at the street
address listed above.
FOR FURTHER INFORMATION CONTACT:
Technical Information: Mike Israni,
(202) 366–4571, or by e-mail at
mike.israni@dot.gov.
Regulatory Information: Cheryl
Whetsel by phone at (202) 366–4431 or
by e-mail at cheryl.whetsel@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The National Technology Transfer
and Advancement Act of 1995 (Pub. L.
104–113; signed into law March 7, 1996)
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directs Federal agencies to use
voluntary consensus standards instead
of government-written standards. The
Office of Management and Budget
(OMB) Circular A–119: Federal
Participation in the Development and
Use of Voluntary Consensus Standards
and in Conformity Assessment
Activities sets the policies on Federal
use and development of voluntary
consensus standards. Voluntary
consensus standards are standards
developed or adopted by voluntary
bodies that develop, establish, or
coordinate technical standards using
agreed upon procedures. These
organizations update and revise their
published standards every 3 to 5 years,
to reflect modern technology and best
technical practices.
PHMSA’s Office of Pipeline Safety
staff participates in more than 25
national voluntary consensus standards
committees. There are more than 60
standards and specifications
incorporated by reference in 49 CFR
parts 192, 193, and 195. PHMSA’s
policy is to adopt voluntary consensus
standards when they are applicable to
pipeline design, construction,
maintenance, inspection, and repair.
PHMSA has the ultimate responsibility
to ensure that the best interests of public
safety are being served. When PHMSA
believes some aspect of a standard does
not meet this directive, it will not
incorporate the new edition. PHMSA
has reviewed the revised voluntary
consensus standards proposed for
incorporation in whole or in part in 49
CFR parts 192, 193, and 195.
Previous updates to incorporate
industry standards by reference were
published May 24, 1996 (61 FR 26121),
June 6, 1996 (61 FR 2877), February 17,
1998 (63 FR 7721), June 14, 2004 (69 FR
32886), June 9, 2006 (71 FR 33402), and
February 1, 2007 (72 FR 4657).
II. Updated Standards Not
Incorporated by Reference
PHMSA will not propose to
incorporate by reference the following
updated ASTM International (ASTM),
formerly known as the American
Society of Testing and Materials,
standards.
—ASTM D638; Standard Test Method
for Tensile Properties of Plastics (2008
edition)
—ASTM D2513; Standard Specification
for Thermoplastic Gas Pressure Pipe,
Tubing and Fittings (2007 edition)
—ASTM D2517; Standard Specification
for Reinforced Epoxy Resin Gas
Pressure Pipe and Fittings (2006)
—ASTM F1055; Standard Specification
for Electrofusion-Type Polyethylene
Fittings for Outside Diameter
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Controller Polyethylene Pipe and
Tubing (2006)
PHMSA believes that a number of
important issues need to be fully
addressed by ASTM Committee F–17
and D20.10 before we adopt any new
editions. Among these are the issues of
appurtenances, marking and or
traceability, increase in design factor,
and qualifications requirements for new
materials. Therefore, we are proposing
to continue to reference in the gas
pipeline safety regulations the standards
found in ASTM D638 (2003 edition),
(ASTM D2513 1987 and 1999 edition),
ASTM D2517 (2000 edition) and ASTM
F1055 (1998 edition) for plastic pipe
and fittings.
PHMSA has determined that the
following updated National Fire
Protection Association (NFPA)
standards will not be incorporated by
reference at this time.
—NFPA 58; Liquefied Petroleum Gas
Code (LP-Gas Code) (2008 edition)
—NFPA 59; Utility LP-Gas Plant Code
(2008 edition)
PHMSA currently requires that the
NFPA standards prevail if there is a
conflict between Part 192 and NFPA
Standards 58 or 59. PHMSA is
proposing a change to paragraph (c) in
§ 192.11 for petroleum gas systems. This
requirement was put in place to take
advantage of more current petroleum
gas transportation technology and safety
practices. However, PHMSA has noticed
that § 192.11(c) is consistently being
misinterpreted by operators. Also, we
believe the 2008 editions of NFPA
Standards 58 and 59 have many
conflicts with Part 192. Therefore, we
are proposing to revise the regulation to
require that Part 192 will prevail if there
is a conflict between Part 192 and NFPA
58 or NFPA 59.
PHMSA believes the updated NFPA
58 would supplant the requirements of
Part 192 with lesser criteria in the areas
of damage prevention; odorization
requirements; distribution valve
maintenance; and operation and
maintenance, emergency, and public
awareness planning. In addition,
because NFPA 58 does not apply
retroactively, the 2008 revisions would
not apply to those regulated facilities in
existence before this edition was issued.
This would create a situation where
significant portions of Part 192 would
apply to some facilities and NFPA 58
(2008) would apply to others. PHMSA
also believes the 2008 edition of NFPA
59 is not in concert with the scope of
pipeline facilities as designated in Part
192.1(b)(5), and with Subpart I—
Requirements for Corrosion Control.
Therefore, we are proposing to continue
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to reference in the pipeline safety
regulations the standards found in
NFPA 58 (2004) and NFPA 59 (2004).
III. Updated Standards Partially
Incorporated by Reference
PHMSA is proposing to partially
incorporate NFPA 59A, Standard for the
Production, Storage, and Handling of
Liquefied Natural Gas (LNG) (2006
edition) at this time. We are proposing
to reference in Part 193 only those
specified sections of the 2006 edition
pertaining to ultrasonic inspection and
to seismic design. PHMSA believes that
the NFPA 59A committee has yet to
reconcile issues relating to dispersion
analyses for vapor releases from process
and safety equipment; containers with
liquid penetrations at grade; design spill
cases for full and double containment
containers; standards for impoundment
sizing for snow accumulation, severe
weather, emergency depressurization,
and fuel bunkering. Therefore, except
for specified sections in the 2006
edition, PHMSA proposes to continue to
reference NFPA 59A (2001).
IV. Updates to Standards Incorporated
by Reference
PHMSA proposes the following new
editions of currently-referenced
standards for incorporation by reference
(IBR) in parts 192, 193, and 195.
PHMSA is also proposing to amend the
titles in the applicable referenced
sections to reflect the updated standards
as appropriate. This notice proposes to
incorporate all or parts of the latest
editions of 39 voluntary consensus
technical standards referenced in the
pipeline safety regulations.
API RP 5L1 & API RP 5LW
PHMSA proposes to adopt American
Petroleum Institute (API) Recommended
Practice 5LW (API RP 5LW)
‘‘Transportation of Line Pipe on Barges
and Marine Vessels’’ into 49 CFR parts
192 and 49 CFR 195. This newlyincorporated standard would be
referenced in § 192.65 and a newlycreated § 195.207. API RP 5LW would
provide a standard for transportation of
certain API Specification 5L steel line
pipe by ship or barge on both inland
and marine waterways. PHMSA also
proposes to incorporate by reference
API RP 5L1 into the newly-created
§ 195.207 similar to how it is
incorporated by reference in § 192.65.
This would provide a standard for
liquid operators for the transportation of
certain API Specification 5L steel line
pipe by railroad.
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API 620
PHMSA proposes to adopt API 620
(2008) ‘‘Design and Construction of
Large, Welded, Low-Pressure Storage
Tanks’’ in 49 CFR Part 193 for seismic
design and nondestructive examination.
NFPA 59A (2006) incorporates by
reference the 1990 edition of API 620
but PHMSA proposes to incorporate by
reference the most recent version, API
620 (2008).
American Petroleum Institute (API)
• ANSI/API Spec 5L/ISO 3183
Specification for Line Pipe (44th
edition, 2007), Includes Errata and
Addendum (2009)
Replaces IBR: API Specification 5L,
‘‘Specification for Line Pipe’’ (43rd
edition and errata, 2004);
Referenced in 49 CFR 192.55(e);
192.113; Item I, Appendix B to part 192;
195.106(b)(1)(i); 195.106(e).
• API Spec 5LW API Recommended
Practice 5LW, ‘‘Recommended Practice
for ‘Transportation of Line Pipe on
Barges and Marine Vessels’ ’’ (2nd
edition, 1996)
Proposed to be IBR;
Proposed to be Referenced in 49 CFR
192.65(b); 195.207(b).
• API Spec 6D/ISO 14313 ‘‘Pipeline
Valves’’ (23rd edition and errata 1, 2
and 3, (2009)
Replaces IBR: API Specification 6D
‘‘Pipeline Valves’’ (22nd edition,
January 2002);
Referenced in 49 CFR 192.145(a);
195.116(d).
• ANSI/API 12F, Specification for
Shop Welded Tanks for Storage of
Production Liquids (11th edition errata,
February 2007)
Replaces IBR: 11th edition, 1994;
Referenced in 49 CFR 195.132(b)(1);
195.205(b)(2); 195.264(b)(1);
195.264(e)(1); 195.307(a); 195.565;
195.579(d).
• ANSI/API 510, ‘‘Pressure Vessel
Inspection Code: Maintenance
Inspection, Rating, Repair, and
Alteration,’’ (9th edition, June 2006)
Replaces IBR: 8th edition, 1997
including Addenda 1 through 4;
Referenced in 49 CFR 195.205(b)(3);
195.432(c).
•API 620, ‘‘Design and Construction
of Large, Welded, Low-Pressure Storage
Tanks’’ (11th edition, February 2008,
Addendum 1, 2009)
Replaces IBR: 10th edition, 2002
including Addendum 1;
Referenced in 49 CFR 195.132(b)(2);
195.205(b)(2);
195.264(b)(1);195.264(e)(3); 195.307(b)
Reference added in 49 CFR
193.2101(b), 193.2321(b).
• API 650, ‘‘Welded Steel Tanks for
Oil Storage,’’ (11th edition, June 2007,
Addendum 1, 2008)
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Replaces IBR: 10th edition, 1998
including Addenda 1–3;
Referenced in 49 CFR 195.132(b)(3);
195.205(b)(1); 195.264(b)(1);
195.264(e)(2); 195.307; 195.565;
195.579(d).
• ANSI/API Recommended Practice
651, ‘‘Cathodic Protection of
Aboveground Petroleum Storage Tanks’’
(3rd edition, January 2007)
Replaces IBR: 2nd edition, December
1997;
Referenced in 49 CFR 195.565;
195.579(d).
• ANSI/API Recommended Practice
652, ‘‘Lining of Aboveground Petroleum
Storage Tank Bottoms,’’ (3rd edition,
October 2005)
Replaces IBR: 2nd edition, December
1997;
Referenced in 49 CFR 195.579(d).
• API 653, ‘‘Tank Inspection, Repair,
Alteration, and Reconstruction,’’ (3rd
edition, includes Addendum 1 (2003),
Addendum 2 (2005), Addendum 3
(2008), and Errata (2008), April 2008)
Replaces IBR: 3rd edition, 2001
including Addendum 1, 2003;
Referenced in 49 CFR 195.205(b)(1);
195.432(b).
• API 1104, ‘‘Welding of Pipelines
and Related Facilities,’’ (20th edition,
Errata/Addendum, (2007) and Errata 2
(2008))
Replaces IBR: 19th edition, 1999,
including Errata October 31, 2001;
Referenced in 49 CFR 192.225;
192.227(a); 192.229(c)(1); 192.241(c);
Item II, Appendix B; 195.222;
195.228(b); 195.214(a).
• API 1130, ‘‘Computational Pipeline
Monitoring for Liquid Pipelines’’ (1st
edition, September 2007)
Replaces IBR: 2nd edition, 2002;
Referenced in 49 CFR 195.134;
195.444.
• API 2000, ‘‘Venting Atmospheric
and Low-Pressure Storage Tanks’’ (5th
edition, errata, November 1999)
Replaces IBR: 5th edition, April 1998;
Referenced in 49 CFR 195.264(e)(2);
195.264(e)(3).
• API Recommended Practice 2003,
‘‘Protection against Ignitions Arising
Out of Static, Lightning, and Stray
Currents,’’ (7th edition, January 2008)
Replaces IBR: 6th edition, 1998;
Referenced in 49 CFR 195.405(a).
• API 2026, ‘‘Safe Access/Egress
Involving Floating Roofs of Storage
Tanks in Petroleum Service,’’ (2nd
edition, reaffirm, June 2006)
Replaces IBR: 2nd edition, 1998;
Referenced in 49 CFR 195.405(b).
• API Recommended Practice 2350
‘‘Overfill Protection for Storage Tanks in
Petroleum Facilities,’’ (3rd edition,
January 2005)
Replaces IBR: 2nd edition, 1996;
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Referenced in 49 CFR 195.428(c).
American Society of Civil Engineers
(ASCE)
• ASCE/SEI 7–05, ‘‘Minimum Design
Loads for Buildings and Other
Structures’’ (2005 edition)
Replaces IBR: 2002 edition;
Referenced in 49 CFR 193.2067.
American Society for Testing and
Materials (ASTM)
• ASTM A53/A53M–07 (2007),
‘‘Standard Specification for Pipe, Steel,
Black and Hot-Dipped, Zinc-Coated,
Welded and Seamless’’
Replaces IBR: 2004 edition;
Referenced in 49 CFR 192.113; Item I,
Appendix B to part 192; 195.106(e).
• ASTM A106/106M–08 (2008),
‘‘Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature
Service’’
Replaces IBR: 2004 edition;
Referenced in 49 CFR 192.113; Item I,
Appendix B to part 192; 195.106(e).
• ASTM A372/A372M–03 (2008),
‘‘Standard Specification for Carbon and
Alloy Steel Forgings for Thin-Walled
Pressure Vessels’’
Replaces IBR: 2003 edition;
Referenced in 49 CFR 192.177(b)(1).
• ASTM A381–96 (Reapproved 2005),
‘‘Standard Specification for Metal-ArcWelded Steel Pipe for Use with HighPressure Transmission Systems’’
Replaces IBR: 1996 edition,
reapproved 2001;
Referenced in 49 CFR 192.113; Item I,
Appendix B to part 192; 195.106(e).
• ASTM A671–06 (2006), ‘‘Standard
Specification for Electric-FusionWelded Steel Pipe for Atmospheric and
Lower Temperatures’’
Replaces IBR: 2004 edition;
Referenced in 49 CFR 192.113; Item I,
Appendix B to part 192; 195.106(e).
• ASTM A672–08 (2008), ‘‘Standard
Specification for Electric-FusionWelded Steel Pipe for High-Pressure
Service at Moderate Temperatures’’
Replaces IBR: 1996 edition,
reapproved 2001;
Referenced in 49 CFR 192.113; Item I,
Appendix B to part 192; 195.106(e).
• ASTM A691–98 (2007), ‘‘Standard
Specification for Carbon and Alloy Steel
Pipe, Electric-Fusion-Welded for HighPressure Service at High Temperatures’’
Replaces IBR: 1998 edition,
reapproved 2002;
Referenced in 49 CFR 192.113; Item I,
Appendix B to part 192; 195.106(e).
ASME International (ASME)
• ANSI/ASME B16.1–2005, Gray Iron
Pipe Flanges and Flanged Fittings:
Classes 25, 125, and 250 (August 2006)
Replaces IBR: ASME B16.1–1998
‘‘Cast Iron Pipe Flanges and Flanged
Fittings’’ 1998 edition;
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Referenced in 49 CFR 192.147(c).
• ANSI/ASME B16.9–2007, ‘‘FactoryMade Wrought Steel Butt Welding
Fittings’’ (December 2007)
Replaces IBR: 2003 edition (February
2004);
Referenced in 49 CFR 195.118(a).
• ANSI/ASME B31.4–2006 ‘‘Pipeline
Transportation Systems for Liquid
Hydrocarbons and Other Liquids’’
(October 2006)
Replaces IBR: 2002 edition (October
2002);
Referenced in 49 CFR 195.452(h)(4)(i).
• ANSI/ASME B31.8–2007 ‘‘Gas
Transmission and Distribution Piping
Systems’’ (November 2007)
Replaces IBR: 2003 edition (February
2004);
Referenced in 49 CFR 192.619(a)(1)(i);
195.5(a)(1)(i); 195.406(a)(1)(i).
• ASME Boiler and Pressure Vessel
Code, Section I: Rules for Construction
of Power Boilers 2007 (July 2007)
Replaces IBR: 2004 edition, including
addenda through July 1, 2005;
Referenced in 49 CFR 192.153(a).
• ASME Boiler and Pressure Vessel
Code, Section VIII, Division 1: Rules for
Construction of Pressure Vessels 2007
(July 2007)
Replaces IBR: 2004 edition, including
addenda through July 1, 2005;
Referenced in 49 CFR 192.153(b);
192.165(b)(3); 193.2321; 195.307(e).
• ASME Boiler and Pressure Vessel
Code, Section VIII, Division 2:
Alternative Rules 2007 (July 2007)
Replaces IBR: 2004 edition, including
addenda through July 1, 2005;
Referenced in 49 CFR 192.153(b);
192.165(b)(3); 193.2321; 195.307(e).
• ASME Boiler and Pressure Vessel
Code, Section IX: Welding and Brazing
Qualifications 2007 (July 2007)
Replaces IBR: 2004 edition, including
addenda through July 1, 2005;
Referenced in 49 CFR 192.227(a); Item
II, Appendix B to part 192; 195.222.
Gas Technology Institute (GTI)
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• GTI–04/0032 LNGFIRE3: A
Thermal Radiation Model for LNG Fires
(2004)
Replaces IBR: GRI–89/0176
‘‘LNGFIRE: A Thermal Radiation Model
for LNG Fires’’ (June 29, 1990);
Referenced in 49 CFR 193.2057.
Manufacturers Standardization Society
of the Valve and Fittings Industry, Inc.
(MSS)
• MSS SP–44–2006, ‘‘Steel Pipe Line
Flanges’’ (January 2006)
Replaces IBR: 1996 edition, reaffirmed
2001;
Referenced in 49 CFR 192.147(a).
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NACE International (NACE)
• NACE SP0169–2007, ‘‘Control of
External Corrosion on Underground or
Submerged Metallic Piping Systems’’
Replaces IBR: NACE Standard
RP0169–2002 ‘‘Control of External
Corrosion on Underground or
Submerged Metallic Piping Systems’’;
Referenced in 49 CFR 195.571;
195.573.
• NACE SP0502–2008 Standard
Practice—Pipeline External Corrosion
Direct Assessment Methodology
(Reaffirmed)
Replaces IBR: NACE Standard
RP0502–2002 ‘‘Pipeline External
Corrosion Direct Assessment
Methodology’’;
Referenced in 49 CFR 192.923(b)(1);
192.925(b) Introductory text;
192.925(b)(1); 192.925(b)(1)(ii);
192.925(b)(2) Introductory text;
192.925(b)(3) Introductory text;
192.925(b)(3)(ii); 192.925(b)(iv);
192.925(b)(4) Introductory text;
192.925(b)(4)(ii); 192.931(d);
192.935(b)(1)(iv); 192.939(a)(2); 195.588.
National Fire Protection Association
(NFPA)
• NFPA 30 (2008), ‘‘Flammable and
Combustible Liquids Code’’
Replaces IBR: 2003 edition;
Referenced in 49 CFR 192.735(b);
195.264(b)(1).
• NFPA 59A (2006), ‘‘Standard for the
Production, Storage, and Handling of
Liquefied Natural Gas (LNG)
Partially Replaces IBR: 2001 edition;
Referenced in 49 CFR 193.2101(b);
193.2321(b).
• NFPA 70 (2008) ‘‘National
Electrical Code’’
Replaces IBR: 2005 edition;
Referenced in 49 CFR 192.163(e);
192.189(c).
Plastics Pipe Institute, Inc. (PPI)
• PPI TR–3/2008 (2008), ‘‘Policies
and Procedures for Developing
Hydrostatic Design Basis (HDB),
Pressure Design Basis (PDB), Strength
Design Basis (SDB), and Minimum
Required Strength (MRS) Ratings for
Thermoplastic Piping Materials or Pipe’’
Replaces IBR: 2004 edition;
Referenced in 49 CFR 192.121.
On April 14, 2009 (74 FR 17099),
PHMSA published a Direct Final Rule
that incorporated by reference the 2007
editions of API Specification 5L
‘‘Specification for Line Pipe’’ and API
1104 ‘‘Welding of Pipelines and Related
Facilities.’’ That rulemaking did not
eliminate the use of the currently
referenced standards but simply
allowed the additional use of these new
standards. In this NPRM PHMSA is
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proposing to eliminate the use of the
previous editions of these standards.
V. Clarifications, Corrections and Edits
This document proposes to revise the
pipeline safety regulations to make,
non-substantive edits, update contact
information, and provide clarification as
specified in the following section-bysection summary:
Part 192
Section 192.11
PHMSA is proposing to revise
paragraph (c) in § 192.11 to require that
Part 192 prevails if there is a conflict
between Part 192 and NFPA 58 or 59 for
the reasons discussed above in
‘‘Updated Standards Not Incorporated
by Reference.’’
Section 192.711
• When the repair time conditions
were implemented for Pipeline Integrity
Management in High Consequence
Areas (HCA), this section was not
modified to clarify that the repair times
for pipelines covered by § 192.711
pertained only to nonintegrity
management repairs.
We are revising this section to make
that clearer.
Gas Piping Technology Committee
(GPTC) Petition
GPTC is an accredited American
National Standards Institute (ANSI)
standards committee that develops and
publishes the ‘‘Guide for Gas
Transmission and Distribution Piping
Systems’’, and assists natural gas
pipeline operators to comply with Part
192. PHMSA’s Office of Pipeline Safety
(OPS) is represented on this committee.
PHMSA proposes to make the following
amendments in response to a GPTC
petition:
Sections 192.145(d) and 192.145(e)
• Section 192.145 specifies the design
and installation requirements for valves.
GPTC petition 89–04 requests that OPS
clarify the intent of § 192.145(d) and (e)
regarding the design requirements for
pressure containing parts of valves used
in compressor stations. OPS has several
interpretations, PI–75–057 and PI–71–
014, stating that the plug or ball is not
a pressure containing part. It is OPS’s
intent to permit the use of cast iron
plugs or balls in combination with steel
shell components.
We are proposing to revise paragraphs
(d) and (e) to use the same language as
ANSI/ASME B31.8, paragraph 831.11(c)
in referring to shell components.
Proposed revisions to paragraph (d) will
clarify the elements of a ‘‘shell
component.’’
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In response to GPTC’s petition, we are
also clarifying the materials allowed in
certain valve components used in
compressor stations. In paragraph (e),
we are proposing to clarify that cast
iron, malleable iron, or ductile iron may
be used in the valve ball or plug. These
materials may not be used in the
pressure holding shell components
(body, bonnet, cover, or end flange).
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Section 192.3
• Section 192.3 defines terms used
throughout Part 192. PHMSA proposes
to move the definitions, ‘‘active
corrosion’’, ‘‘electrical survey’’ and
‘‘pipeline environment’’ from
§ 192.465(e) to § 192.3. This proposed
revision will provide a broader
applicability of these terms to Part 192
because these terms are also found in
Part 192, Subparts I and O.
Section 192.557
GPTC petition 95–17 requests OPS
revise § 192.557(c) to allow the use of a
previous pressure test as a basis for
increasing the maximum allowable
operating pressure (MAOP) of a steel
pipeline that will produce a hoop stress
less than 30 percent of SMYS and of
plastic, cast iron, and ductile iron
pipelines.
Regulations in Subpart K do not
require a new pressure test be
conducted at the time of uprating unless
the old pressure test cannot justify the
uprated pressure. Section 192.555
addresses uprating higher stress steel
pipelines and § 192.557 addresses lower
stress steel pipelines and plastic, cast
iron, and ductile iron pipelines. Section
192.555(c) explicitly allows the use of a
previous pressure test as the basis for
establishing a higher MAOP. Since in
§ 192.555(c), we allow a previous
pressure test at the higher level hoop
stress, we intended to allow it at a lower
hoop stress in steel pipelines and in
plastic, cast iron, and ductile iron
pipelines.
The confusion is with the requirement
of § 192.553(d), which states that,
‘‘* * * a new maximum allowable
operating pressure established under
this subpart may not exceed the
maximum that would be allowed under
this part for a new segment of pipeline
constructed of the same materials in the
same location’’. Only the derating for
class location as specified in § 192.619
is a requirement of section § 192.553(d)
for pipelines being uprated under
§ 192.555(c). The intent is not to
preclude the use of a previous pressure
test as a basis for uprating. This
requirement would also apply to steel
pipelines of lower hoop stress and to
plastic, cast iron, and ductile iron
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pipelines when the basis of uprating is
a previous pressure test. PHMSA
proposes to clarify requirements for
MAOP uprating in § 192.557(c) by
including the location factor
requirements in § 192.619(a)(2).
Part 193
Section 193.2101
PHMSA is proposing to revise this
regulation to incorporate by reference
sections from the 2006 edition of
NFPA59A pertaining to the seismic
design of stationary LNG storage tanks.
Other sections from the 2001 edition of
NFPA 59A would continue to be
incorporated by reference as designated
in 193.2013. NFPA 59A (2006)
incorporates by reference the 1990
edition of API 620 but PHMSA proposes
to incorporate by reference the most
recent version, API 620 (2008), for
seismic design.
Section 193.2321
PHMSA is proposing to clarify the
language in § 193.2321(a) and to use the
broader terminology for non-destructive
testing. PHMSA also proposes to revise
193.2321(b) to add new requirements in
accordance with NFPA 59A’s 2006
edition for the ultrasonic examination of
LNG tank welds for storage tanks with
an internal design pressure at or below
15 psig.
Part 195
Section 195.307
• PHMSA is proposing to revise
paragraph (c) to reflect revised section
numbering regarding pneumatic testing
from 5.3 to 5.2 of API Standard 650.
Section 195.401
• When the repair time conditions
were implemented for Pipeline Integrity
Management in High Consequence
Areas (HCA), this section was not
modified to clarify that the repair times
for pipelines covered by § 195.452
(pipelines that could affect an HCA) had
to comply with the integrity
management repair requirements in
§ 195.452(h). The requirement to repair
a condition within a reasonable time
period (unless an immediate hazard)
applies to conditions on pipelines not
covered by § 195.452.
We are revising this section to make
those requirements clearer.
Section 195.432
PHMSA is proposing to revise
paragraph (b) to eliminate the reference
to section 4 in API Standard 653. All
sections in API Standard 653 relating to
inspection of in-service atmospheric
and low-pressure steel aboveground
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36143
breakout tanks are incorporated by
reference.
Section 195.452
• PHMSA is proposing to revise
paragraph (h)(4)(i) to reflect new section
numbering as specified in the updated
ANSI/ASME B31.4. The referenced
section would be changed from ‘‘451.7’’
to ‘‘451.6.2.2 (b)’’.
VI. Rulemaking Analyses and Notices
Statutory/Legal Authority for This
Rulemaking
This proposed rulemaking is
published under the authority of the
Federal Pipeline Safety Law (49 U.S.C.
60101). Section 60102 authorizes the
Secretary of Transportation to issue
regulations governing design,
installation, inspection, emergency
plans and procedures, testing,
construction, extension, operation,
replacement, and maintenance of
pipeline facilities. Section 60102(l) of
the Federal Pipeline Safety Law states
that the Secretary shall, to the extent
appropriate and practicable, update
incorporated industry standards that
have been adopted as part of the Federal
pipeline safety regulations.
Privacy Act Statement
Anyone may search the electronic
form of comments received in response
to any of our dockets by the name of the
individual submitting the comment (or
signing the comment if submitted for an
association, business, labor union,). You
may review DOT’s complete Privacy Act
Statement in the Federal Register
published on April 11, 2000 (65 FR
19477) or you may visit https://
docketsinfo.dot.gov/.
Executive Order 13132
PHMSA has analyzed the proposed
rulemaking according to the principles
and criteria in Executive Order 13132
(‘‘Federalism’’). The proposed rule
would not have a substantial direct
effect on the States, the relationship
between the national government and
the States, or the distribution of power
and responsibilities among the various
levels of government. The proposed rule
would not impose substantial direct
compliance costs on State and local
governments. This proposed regulation
would not preempt state law for
intrastate pipelines. Therefore, the
consultation and funding requirements
of Executive Order 13132 would not
apply.
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Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Proposed Rules
Executive Order 12866—Regulatory
Planning and Review and DOT
Regulatory Policies and Procedures
This proposed rule is not a significant
regulatory action under section 3(f) of
Executive Order 12866 (58 FR 51735)
and, therefore, would not be subject to
review by the Office of Management and
Budget. This proposed rule is not
significant under the Regulatory Policies
and Procedures of the Department of
Transportation (44 FR 11034).
In this proposed rule we are updating
references to standards that are
incorporated in the pipeline safety
regulations. These updates will enhance
safety while reducing the compliance
burden on the regulated industry. We
are also clarifying language in some of
the provisions to better reflect the intent
of those regulations. Industry standards
developed and adopted by consensus
generally are accepted and followed by
the industry; thus, their incorporation
by reference in the Pipeline Safety
Regulations assures that the industry is
not forced to comply with a different set
of standards to accomplish the same
safety goal. In addition, several
amendments proposed for adoption
provide regulatory relief through
compliance with certain nationally and
internationally recognized standards
such as the American Society of
Mechanical Engineers (ASME) Boiler
and Pressure Vessel Code and standards
published by the ASTM International
(ASTM) and the American Petroleum
Institute (API). Requiring regulatory
compliance with standards such as the
ASME, ASTM and API takes advantage
of established and well-defined and
proven practices. Because we are
proposing to adopt industry consensus
standards we expect compliance costs
associated with this proposal will be
minimal.
Overall this proposed rule is intended
to enhance transportation safety and
reduce the overall compliance burden
on the regulated industry. We invite
public comment on any impacts of these
proposed amendments
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Executive Order 13175
PHMSA has analyzed this proposed
rulemaking according to Executive
Order 13175 (‘‘Consultation and
Coordination with Indian Tribal
Governments’’). Because this proposed
rulemaking would not significantly or
uniquely affect the communities of the
Indian tribal governments or impose
substantial direct compliance costs, the
funding and consultation requirements
of Executive Order 13175 would not
apply.
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Regulatory Flexibility Act
Under the Regulatory Flexibility Act
(5 U.S.C. 601), PHMSA must consider
whether rulemaking actions would have
a significant economic impact on a
substantial number of small entities.
This proposed rule would ensure that
pipeline operators are using the most
current editions of technical standards
incorporated by reference. The proposed
rule would also improve the clarity of
several regulations. PHMSA believes
that this proposed rulemaking would
impact a substantial number of small
entities but that this impact will be
negligible. Based on the facts available
about the expected impact of this
rulemaking, I certify, under Section 605
of the Regulatory Flexibility Act (5
U.S.C. 605) that this proposed
rulemaking will not have a significant
economic impact on a substantial
number of small entities. PHMSA
invites public comments on this
certification.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose
unfunded mandates under the
Unfunded Mandates Reform Act of
1995. It would not result in costs of
$100 million (adjusted for inflation
currently estimated to be $141 million)
or more in any one year to either State,
local, or tribal governments, in the
aggregate, or to the private sector, and
would be the least burdensome
alternative that achieves the objective of
the proposed rulemaking.
Paperwork Reduction Act
This proposed rule would not impose
any new information collection
requirements.
National Environmental Policy Act
The National Environmental Policy
Act (42 U.S.C. 4321–4375) requires that
Federal agencies analyze proposed
actions to determine whether the action
will have a significant impact on the
human environment. The Counsel on
Environmental Quality (CEQ)
regulations order Federal agencies to
conduct an environmental review
considering (1) the need for the
proposed action (2) alternatives to the
proposed action (3) probable
environmental impacts of the proposed
action and alternatives and (4) the
agencies and persons consulted during
the consideration process. 40 CFR
1508.9(b).
1. Purpose and Need
PHMSA is proposing to incorporate
by reference (IBR) into the pipeline
safety regulations all or parts of new
editions of voluntary consensus
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standards to allow pipeline operators to
use current technology, new materials,
and other industry and management
practices. PHMSA also proposes to
make non substantive edits and clarify
regulatory language in certain
provisions. These proposed
amendments to the pipeline safety
regulations would not require pipeline
operators to undertake any significant
new pipeline safety initiatives.
2. Alternatives
In developing the proposed rule, we
considered two alternatives:
(1) Do nothing.
(2) Propose revisions to the Pipeline
Safety Regulations to incorporate the
newest editions of voluntary consensus
standards to allow pipeline operators to
use current technologies.
Alternative 1
Because our goal is to facilitate
uniformity, compliance, commerce and
safety in the transportation of hazardous
liquids and gases by pipeline, we
rejected this alternative.
Alternative 2
Many of the industry standards
currently incorporated by reference
have been revised and updated to
incorporate new technology and
methodology. Most of the amendments
would allow for alternative means of
compliance while still ensuring safety,
clarify regulatory requirements, and
make the regulatory provisions more
consistent—all in furtherance of the safe
transportation of hazardous materials by
pipeline.
3. Analysis of Environmental Impacts
The Nation’s pipelines are located
throughout the United States, onshore
and offshore, and traverse a variety of
environments—from highly populated
urban sites to remote, unpopulated rural
areas.1 . The pipeline infrastructure is a
network of over 2 million miles of
pipeline that moves millions of gallons
of hazardous liquids and over 55 billion
cubic feet of natural gas daily.2 The
biggest source of energy is petroleum,
including oil and natural gas. Together,
they supply 65 percent of the energy in
the United States.3
The physical environment potentially
affected by the proposed rule includes
the airspace, water resources (e.g.,
oceans, streams, lakes), cultural and
historical resources (e.g., properties
1 PHMSA, Pipeline Basics, https://
primis.phmsa.dot.gov/comm/PipelineBasics.htm.
2 GAO/RCED–00–128, ‘‘The Office of Pipeline
Safety is Changing How it Oversees the Pipeline
Industry.’’
3 PHMSA. Pipeline Safety Q&As.
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listed on the National Register of
Historic Places), biological and
ecological resources (e.g., coastal zones,
wetlands, plant and animal species and
their habitat, forests, grasslands,
offshore marine ecosystems), and
special ecological resources (e.g.,
threatened and endangered plant and
animal species and their habitat,
national and State parklands, biological
reserves, wild and scenic rivers) that
exist directly adjacent to and within the
vicinity of pipelines.
Because the pipelines subject to the
rule contain hazardous materials,
resources within the physically affected
environment, as well as public health
and safety, may be affected by gas
pipeline incidents such as spills and
leaks. Incidents on pipelines can result
in fires and explosions, with resulting
damage to the local environment. In
addition, since pipelines often contain
gas streams laden with condensates and
natural gas liquids (NGL’s), failures also
result in spills of these liquids, which
can cause environmental harm.
Depending on the size of a spill or gas
leak, and the nature of the impact zone,
the environmental impacts could vary
from property damage and
environmental damage to injuries or, on
rare occasions, fatalities.
Updating the references to industry
standards enhances safety and
environmental protection by
recognizing the use of new technologies.
Thus it is possible that, on a national
scale, the cumulative environmental
damage from pipelines is reduced, or at
a minimum unchanged.
Neither the ‘‘do nothing’’ alternative
or the action alternative would result in
any significant impacts on the
environment.
4. Consultations
Various industry associations and
State regulatory agencies were consulted
in the development of this proposed
rulemaking
5. Decision About the Degree of
Environmental Impact
PHMSA has preliminarily determined
that the selected alternative would not
have a significant impact on the human
environment. PHMSA welcomes
comment on any of these conclusions.
Executive Order 13211
Transporting gas affects the nation’s
available energy supply. However, this
proposed rulemaking would not be a
‘‘significant’’ energy action under
Executive Order 13211. It also would
not be a significant regulatory action
under Executive Order 12866 and
would not be likely to have a significant
adverse effect on the supply,
distribution, or use of energy. Further,
the Administrator of the Office of
Information and Regulatory Affairs
would not be likely to identify this
proposed rule as a significant energy
action.
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PART 192—TRANSPORTATION OF
NATURAL AND OTHER GAS BY
PIPELINE: MINIMUM FEDERAL
SAFETY STANDARDS
1. The authority citation for part 192
continues to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60104,
60108, 60109, 60110, 60113, 60116, 60118
and 60137; and 49 CFR 1.53.
2. In § 192.3, add the following
definitions for ‘‘Active corrosion’’,
‘‘Electrical survey’’, and ‘‘Pipeline
environment’’ in appropriate
alphabetical order as follows:
§ 192.3
Definitions.
49 CFR Part 193
Incorporation by reference, Liquefied
natural gas, Pipeline safety.
§ 192.7 What documents are incorporated
by reference partly or wholly in this part?
49 CFR Part 195
*
Regulation Identifier Number (RIN)
A regulation identifier number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
year. The RIN number contained in the
heading of this document can be used
to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 192
Incorporation by reference, Natural
gas, Pipeline safety.
Anhydrous ammonia, Carbon dioxide,
Incorporation by reference, Petroleum
pipeline safety.
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Frm 00025
*
*
*
*
*
(c) * * *
(2) Documents incorporated by
reference.
49 CFR reference
A. Pipeline Research Council International (PRCI):
(1) AGA Pipeline Research Committee, Project PR–3–805, ‘‘A
Modified Criterion for Evaluating the Remaining Strength of Corroded Pipe,’’ (December 22, 1989). The RSTRENG program
may be used for calculating remaining strength.
B. American Petroleum Institute (API):
(1) ANSI/API Specification 5L/ISO 3183, ‘‘Specification for Line
Pipe’’ (44th edition, 2007), Includes Errata and Addendum
(2009).
(2) API Recommended Practice 5L1, ‘‘Recommended Practice for
Railroad Transportation of Line Pipe’’ (6th edition, 2002).
(3) API Recommended Practice 5LW, ‘‘Recommended Practice for
‘‘Transportation of Line Pipe on Barges and Marine Vessels’’
(2nd edition, 1996).
(4) API Specification 6D/ISO 14313, ‘‘Pipeline Valves’’ (23rd edition
and errata 1, 2 and 3, (2009).
15:30 Jul 21, 2009
In consideration of the foregoing,
PHMSA proposes to amend 49 CFR
Parts 192, 193, and 195 as follows:
*
*
*
*
Active corrosion means continuing
corrosion that, unless controlled, could
result in a condition that is detrimental
to public safety.
*
*
*
*
*
Electrical survey means a series of
closely spaced pipe-to-soil readings over
a pipeline which are subsequently
analyzed to identify locations where a
corrosive current is leaving the pipeline.
*
*
*
*
*
Pipeline environment includes soil
resistivity (high or low), soil moisture
(wet or dry), soil contaminants that may
promote corrosive activity, and other
known conditions that could affect the
probability of active corrosion.
*
*
*
*
*
3. In § 192.7, revise paragraph (c)(2) to
read as follows:
Source and name of referenced material
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§§ 192.933(a)(1); 192.933(d)(1)(i); 192.485(c).
§§ 192.55(e); 192.113; Item I of Appendix B.
§ 192.65(a).
§ 192.65(b).
§ 192.145(a)
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49 CFR reference
(5) API Recommended Practice 80, ‘‘Guidelines for the Definition
of Onshore Gas Gathering Lines,’’ (1st edition, April 2000).
(6) API 1104, ‘‘Welding of Pipelines and Related Facilities’’ (20th
edition, Errata/Addendum, (2007) and Errata 2 (2008)).
(7) API Recommended Practice 1162, ‘‘Public Awareness Programs for Pipeline Operators’’ (1st edition, December 2003).
C. American Society for Testing and Materials (ASTM):
(1) ASTM A53/A53M–07, (2007), ‘‘Standard Specification for Pipe,
Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless.’’.
(2) ASTM A106/A106M–08, (2008), ‘‘Standard Specification for
Seamless Carbon Steel Pipe for High-Temperature Service’’.
(3) ASTM A333/A333M–05 (2005) ‘‘Standard Specification for
Seamless and Welded Steel Pipe for Low-Temperature Service’’.
(4) ASTM A372/A372M–03 (2008), ‘‘Standard Specification for Carbon and Alloy Steel Forgings for Thin-Walled Pressure Vessels’’.
(5) ASTM A381–96 (Reapproved 2005), ‘‘Standard Specification
for Metal-Arc Welded Steel Pipe for Use With High-Pressure
Transmission Systems’’.
(6) ASTM A671–06, (2006), ‘‘Standard Specification for Electric-Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures’’.
(7) ASTM A672–08, (2008), ‘‘Standard Specification for Electric-Fusion-Welded Steel Pipe for High-Pressure Service at Moderate
Temperatures’’.
(8) ASTM A691–98 (Reapproved 2007), ‘‘Standard Specification
for Carbon and Alloy Steel Pipe, Electric-Fusion-Welded for
High-Pressure Service at High Temperatures’’.
(9) ASTM D638–03, ‘‘Standard Test Method for Tensile Properties
of Plastics’’.
(10) ASTM D2513–87, ‘‘Standard Specification for Thermoplastic
Gas Pressure Pipe, Tubing, and Fittings’’.
(11) ASTM D2513–99, ‘‘Standard Specification for Thermoplastic
Gas Pressure Pipe, Tubing, and Fittings’’.
(12) ASTM D2517–00, ‘‘Standard Specification for Reinforced
Epoxy Resin Gas Pressure Pipe and Fittings’’.
(13) ASTM F1055–1998, ‘‘Standard Specification for Electrofusion
type Polyethylene Fittings for Outside Diameter Controller Polyethylene Pipe and Tubing’’.
D. ASME International (ASME):
(1) ANSI/ASME B16.1–2005, Gray Iron Pipe Flanges and Flanged
Fittings: Classes 25, 125, and 250.
(2) ANSI/ASME B16.5–2003, ‘‘Pipe Flanges and Flanged Fittings
1998’’.
(3) ANSI/ASME B31G–1991 (Reaffirmed; 2004), ‘‘Manual for Determining the Remaining Strength of Corroded Pipelines’’.
(4) ANSI/ASME B31.8–2007, (November 2007), ‘‘Gas Transmission and Distribution Piping Systems’’.
(5) ANSI/ASME B31.8S–2004, ‘‘Supplement to B31.8 on Managing
System Integrity of Gas Pipelines’’.
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Source and name of referenced material
§§ 192.8(a); 192.8(a)(1); 192.8(a)(2); 192.8(a)(3); 192.8(a)(4).192.8(a);
192.8(a)(1); 192.8(a)(2); 192.8(a)(3); 192.8(a)(4).
§§ 192.225; 192.227(a); 192.229(c)(1);
192.241(c); Item II, Appendix B.
§§ 192.616(a); 192.616(b); 192.616(c).
(6) ASME Boiler and Pressure Vessel Code, Section I, ‘‘Rules for
Construction of Power Boilers’’ (2007 edition).
(7) ASME Boiler and Pressure Vessel Code, Section VIII, Division
1, ‘‘Rules for Construction of Pressure Vessels’’ (2007 edition).
(8) ASME Boiler and Pressure Vessel Code, Section VIII, Division
2, ‘‘Rules for Construction of Pressure Vessels’’ (2007 edition).
(9) ASME Boiler and Pressure Vessel Code, Section IX, ‘‘Welding
and Brazing Qualifications’’ (2007 edition).
E. Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS):
(1) MSS SP–44–2006 ‘‘Steel Pipe Line Flanges’’ .............................
(2) [Reserved] ....................................................................................
F. National Fire Protection Association (NFPA):
(1) NFPA 30 (2008), ‘‘Flammable and Combustible Liquids Code’’
(2) NFPA 58 (2004), ‘‘Liquefied Petroleum Gas Code (LP-Gas
Code)’’.
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15:30 Jul 21, 2009
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Fmt 4702
§§ 192.113; Item I, Appendix B.
§§ 192.113; Item I, Appendix B.
§§ 192.113; Item I, Appendix B.
§ 192.177(b)(1).
§§ 192.113; Item I, Appendix B.
§§ 192.113; Item I, Appendix B.
§§ 192.113; Item I, Appendix B.
§§ 192.113; Item I, Appendix B.
§§ 192.283(a)(3); 192.283(b)(1).
§ 192.63(a)(1).
§§ 192.191(b); 192.281(b)(2); 192.283(a)(1)(i); Item 1, Appendix B.
§§ 192.191(a); 192.281(d)(1); 192.283(a)(1)(ii); Item I,
Appendix B.
§ 192.283(a)(1)(iii).
§ 192.147(c).
§§ 192.147(a); 192.279.
§§ 192.485(c); 192.933(a).
§ 192.619(a)(1)(i).
§§ 192.903(c); 192.907(b); 192.911, Introductory text; 192.911(i);
192.911(k); 192.911(l); 192.911(m); 192.913(a) Introductory text;
192.913(b)(1); 192.917(a) Introductory text; 192.917(b); 192.917(c);
192.917(e)(1);
192.917(e)(4);
192.921(a)(1);
192.923(b)(1);
192.923(b)(2);
192.923(b)(3);
192.925(b)
Introductory
text;
102.925(b)(1);
192.925(b)(2);
192.925(b)(3);
192.925(b)(4);
192.927(b);
192.927(c)(1)(i);
192.929(b)(1);
192.929(b)(2);
192.933(a);
192.933(d)(1);
192.933(d)(1)(i);
192.935(a);
192.935(b)(1)(iv); 192.937(c)(1); 192.939(a)(1)(i); 192.939(a)(1)(ii);
192.939(a)(3); 192.945(a).
§ 192.153(b).
§§ 192.153(a); 192.153(b); 192.153(d); 192.165(b)(3).
§§ 192.153(b); 192.165(b)(3).
§§ 192.227(a); Item II, Appendix B.
§ 192.147(a).
§ 192.735(b).
§§ 192.11(a); 192.11(b); 192.11(c).
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Source and name of referenced material
49 CFR reference
(3) NFPA 59 (2004), ‘‘Utility LP-Gas Plant Code’’ ............................
(4) NFPA 70 (2008), ‘‘National Electrical Code’’ ...............................
G. Plastics Pipe Institute, Inc. (PPI):
(1) PPI TR–3/2008 (2008), ‘‘Policies and Procedures for Developing.
Hydrostatic Design Basis (HDB), Pressure Design Basis (PDB),
Strength Design Basis (SDB), and Minimum Required Strength
(MRS) Ratings for Thermoplastic Piping Materials or Pipe’’.
H. NACE International (NACE):
(1) NACE Standard SP0502–2008, ‘‘Pipeline External Corrosion
Direct Assessment Methodology’’.
I. Gas Technology Institute (GTI):
(1) GRI 02/0057 (2002), ‘‘Internal Corrosion Direct Assessment of
Gas Transmission Pipelines Methodology’’.
4. In § 192.11, revise paragraph (c) to
read as follows:
§ 192.11
Petroleum gas systems.
*
*
*
*
*
(c) If there is a conflict between this
part and NFPA 58 or NFPA 59, this part
prevails.
5. Section 192.65 is revised to read as
follows:
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§ 192.65
Transportation of pipe.
(a) Railroad. In a pipeline to be
operated at a hoop stress of 20 percent
or more of SMYS, an operator may not
use pipe having an outer diameter to
wall thickness ratio of 70 to 1, or more,
that is transported by railroad unless:
(1) The transportation is performed in
accordance with API RP 5L1
(incorporated by reference, see § 192.3).
(2) In the case of pipe transported
before November 12, 1970, the pipe is
tested in accordance with Subpart J of
this part to at least 1.25 times the
maximum allowable operating pressure
if it is to be installed in a class 1
location and to at least 1.5 times the
maximum allowable operating pressure
if it is to be installed in a class 2, 3, or
4 location. Notwithstanding any shorter
time period permitted under Subpart J
of this part, the test pressure must be
maintained for at least 8 hours.
(b) Ship or barge. In a pipeline to be
operated at a hoop stress of 20 percent
or more of SMYS, an operator may not
use pipe having an outer diameter to
wall thickness ratio of 70 to 1, or more,
that is transported by ship or barge on
both inland and marine waterways
unless the transportation is performed
in accordance with API RP 5LW.
§ 192.121
[Amended]
6. In § 192.121, under ‘‘S=’’, remove
the term ‘‘PPI TR–3/2004’’ and add, in
its place, the term ‘‘PPI TR–3/2008’’.
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§§ 192.11(a); 192.11(b); 192.11(c).
§§ 192.163(e); 192.189(c).
§ 192.121.
§§ 192.923(b)(1);
192.925(b) Introductory text;
192.925(b)(1); 192.925(b)(1)(ii); 192.925(b)(2) Introductory
192.925(b)(3) Introductory text;
192.925(b)(3)(ii); 192.925(b)(iv); 192.925(b)(4) Introductory text;
192.925(b)(4)(ii); 192.931(d);
192.935(b)(1)(iv); 192.939(a)(2).
Valves.
*
*
*
*
*
(d) No valve having shell (body,
bonnet, cover, and/or end flange)
components made of ductile iron may
be used at pressures exceeding 80
percent of the pressure ratings for
comparable steel valves at their listed
temperature. * * *
*
*
*
*
*
(e) No valve having shell (body,
bonnet, cover, and/or end flange)
components made of cast iron,
malleable iron, or ductile iron may be
used in the gas pipe components of
compressor stations.
8. In § 192.465, revise paragraph (e) to
read as follows:
§ 192.465 External corrosion control:
Monitoring.
*
*
*
*
*
(e) After the initial evaluation
required by §§ 192.455(b) and (c) and
192.457(b), each operator must, not less
than every 3 years at intervals not
exceeding 39 months, reevaluate its
unprotected pipelines and cathodically
protect them in accordance with this
subpart in areas in which active
corrosion is found. The operator must
determine the areas of active corrosion
by electrical survey. However, on
distribution lines and where an
electrical survey is impractical on
transmission lines, areas of active
corrosion may be determined by other
means that include review and analysis
of leak repair and inspection records,
corrosion monitoring records, exposed
pipe inspection records, and the
pipeline environment.
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text;
§ 192.927(c)(2).
7. In § 192.145, revise the first
sentence in paragraph (d) introductory
text and paragraph (e) to read as follows:
§ 192.145
36147
Sfmt 4702
9. In § 192.557, revise paragraph (c) to
read as follows:
§ 192.557 Uprating: Steel pipelines to a
pressure that will produce a hoop stress
less than 30 percent of SMYS: plastic, cast
iron, and ductile iron pipelines.
*
*
*
*
*
(c) Notwithstanding the requirements
of § 192.619(a)(2), and after complying
with paragraph (b) of this section, the
increase in maximum allowable
operating pressure (MAOP) must be
made in increments that are equal to 10
psig (69 kPa) or 25 percent of the total
pressure increase, whichever produces
the fewer number of increments.
Whenever the requirements of
paragraph (b)(6) of this section apply,
there must be at least two approximately
equal incremental increases.
*
*
*
*
*
10. Section 192.711 is revised to read
as follows:
§ 192.711 Transmission lines: General
requirements for repair procedures.
(a) Temporary repairs. Each operator
must take immediate temporary
measures to protect the public
whenever:
(1) A leak, imperfection, or damage
that impairs its serviceability is found in
a segment of steel transmission line
operating at or above 40 percent of the
SMYS; and
(2) It is not feasible to make a
permanent repair at the time of
discovery.
(b) Permanent repairs. An operator
must make permanent repairs on its
pipeline system according to the
following:
(1) Non integrity management repairs:
The operator must make permanent
repairs as soon as feasible.
(2) Integrity management repairs:
When an operator discovers a condition
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on a pipeline covered under Subpart O–
Gas Transmission Pipeline Integrity
Management, the operator must
remediate the condition as prescribed
by § 192.933(d).
(c) Welded patch. Except as provided
in § 192.717(b)(3), no operator may use
a welded patch as a means of repair.
§§ 192.923, 192.925, 192.931, 192.935, and
192.939 [Amended]
11. In 49 CFR part 192 remove the
terms ‘‘NACE RP0502–2002’’ or ‘‘NACE
RP 0502–2002’’and add, in their place,
the terms ‘‘NACE SP0502–2008’’ in the
following places:
a. Section 192.923(b)(1);
b. Section 192.925(b) Introductory
text, (b)(1), (b)(1)(ii), (b)(2) Introductory
text, (b)(3) Introductory text, (b)(3)(ii),
(b)(iv), (b)(4) Introductory text, (b)(4)(ii);
c. Section 192.931(d);
d. Section 192.935(b)(1)(iv); and
e. Section 192.939(a)(2).
PART 193—LIQUEFIED NATURAL GAS
FACILITIES: FEDERAL SAFETY
STANDARDS
Thermal radiation protection.
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*
*
*
*
*
(a) The thermal radiation distances
must be calculated using Gas
Technology Institute’s (GTI) report or
computer model GTI–04/0032
LNGFIRE3: A Thermal Radiation Model
for LNG Fires (incorporated by
reference, see § 193.2013). The use of
other alternate models which take into
account the same physical factors and
have been validated by experimental
test data may be permitted subject to the
Administrator’s approval.
*
*
*
*
*
15. In § 193.2067, revise paragraph
(b)(1) to read as follows:
§ 193.2067
Wind forces.
*
*
*
*
*
(b) * * *
(1) For shop fabricated containers of
LNG or other hazardous fluids with a
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§ 193.2013
Incorporation by reference.
*
*
*
*
*
(c) Documents incorporated by
reference.
49 CFR reference
A. American Gas Association (AGA):
(1) ‘‘Purging Principles and Practices’’ (3rd edition, 2001) ...............
B. American Petroleum Institute (API):
(1) API 620 (2008), ‘‘Design and Construction of Large, Welded,
Low-Pressure Storage Tanks’’ (11th edition, 2008).
C. American Society of Civil Engineers (ASCE):
(1) ASCE/SEI 7–05, ‘‘Minimum Design Loads for Buildings and
Other Structures’’ (2005 edition).
D. ASME International (ASME):
(1) ASME Boiler and Pressure Vessel Code, Section VIII, Division
1, ‘‘Rules for Construction of Pressure Vessels’’ (2007 edition).
E. Gas Technology Institute (GTI) formerly the Gas Research Institute
(GRI):
(1) GTI–04/0032, ‘‘LNGFIRE: A Thermal Radiation Model for LNG
Fires’’.
(2) GTI–04/0049, ‘‘LNG Vapor Dispersion Prediction with the
DEGADIS Dense Gas Dispersion Model’’ (April 2004).
(3) GRI–96/0396.5, ‘‘Evaluation of Mitigation Methods for Accidental LNG Releases, Volume 5: Using FEM3A for LNG Accident Consequence Analyses’’ (April 1997).
F. National Fire Protection Association (NFPA):
(1) NFPA 59A, ‘‘Standard for the Production, Storage, and Handling of Liquefied Natural Gas (LNG)’’ (2001 edition).
(2) NFPA 59A, ‘‘Standard for the Production, Storage, and Handling of Liquefied Natural Gas (LNG)’’ (2006 edition).
§ 193.2057
13. In § 193.2013, revise paragraph (c),
to read as follows:
12. The authority citation for part 193
continues to read as follows:
Source and name of referenced material
14. In § 193.2057, revise paragraph (a)
to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60103,
60104, 60108, 60109, 60110, 60113, 60118;
and 49 CFR 1.53.
§§ 193.2513; 193.2517; 193.2615.
§§ 193.2101(b); 193.2321(b).
§ 193.2067.
§§ 193.2321; 193.2321.
§ 193.2057(a).
§ 193.2059.
§ 193.2059.
§§ 193.2019; 193.2051; 193.2057; 193.2059; 193.2101(a); 193.2301;
193.2303; 193.2401; 193.2521; 193.2639; 193.2801.
§§ 193.2101(b); 193.2321(b).
capacity of not more than 70,000
gallons, applicable wind load data in
ASCE/SEI 7–05 (incorporated by
reference, see § 193.2013).
*
*
*
*
*
16. Section 193.2101 is revised to read
as follows:
§ 193.2101
Scope.
(a) Each LNG facility designed after
March 31, 2000 must comply with
requirements of this part and of NFPA
59A (2001) (incorporated by reference,
see § 193.2013). If there is a conflict
between this part and NFPA 59A, this
part prevails. Unless otherwise
specified, all references to NFPA 59A in
this part are to the 2001 edition.
(b) Stationary LNG storage tanks must
comply with section 7.2.2 of NFPA 59A
(2006) (incorporated by reference, see
§ 193.2013) for seismic design of field
fabricated tanks. All other LNG storage
tanks must comply with API 620 (2008)
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Fmt 4702
Sfmt 4702
(incorporated by reference, see
§ 193.2013) for seismic design.
17. Section 193.2321 is revised to read
as follows:
§ 193.2321
Nondestructive tests.
(a) The butt welds in metal shells of
storage tanks with internal design
pressure above 15 psig must be nondestructively examined in accordance
with the ASME Boiler and Pressure
Vessel Code (Section VIII Division 1)
(incorporated by reference, see
§ 193.2013), except that 100 percent of
welds that are both longitudinal (or
meridional) and circumferential (or
latitudinal) of hydraulic load bearing
shells with curved surfaces that are
subject to cryogenic temperatures must
be non-destructively examined in
accordance with the ASME Boiler and
Pressure Vessel Code (Section VIII
Division 1).
(b) For storage tanks with internal
design pressures at 15 psig or less,
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ultrasonic examinations of welds on
metal containers must comply with the
following:
(1) Section 7.3.1.2 of NFPA 59A
(2006) (incorporated by reference, see
§ 193.2013);
(2) Appendices Q and C of API 620
(2008) (incorporated by reference, see
§ 193.2013);
(c) Ultrasonic examination records
must be retained for the life of the
facility. If electronic records are kept,
they must be retained in a manner so
that they cannot be altered by any
means; and
Authority: 49 U.S.C. 5103, 60102, 60104,
60108, 60109, 60116, 60118 and 60137; and
49 CFR 1.53.
(d) The ultrasonic equipment used in
the examination of welds must be
calibrated at a frequency no longer than
eight hours. Such calibrations must
verify the examination of welds against
a calibration standard. If the ultrasonic
equipment is found to be out of
calibration, all previous weld
inspections that are suspect must be
reexamined.
19. In § 195.3, revise paragraph (c) to
read as follows:
§ 195.3
PART 195—TRANSPORTATION OF
HAZARDOUS LIQUIDS BY PIPELINE
18. The authority citation for part 195
continues to read as follows:
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Source and name of referenced material
15:30 Jul 21, 2009
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*
*
*
*
(c) The full titles of publications
incorporated by reference wholly or
partially in this part are as follows.
Numbers in parentheses indicate
applicable editions:
49 CFR reference
A. Pipeline Research Council International, Inc. (PRCI):
(1) AGA Pipeline Research Committee, Project PR–3–805, ‘‘A
Modified Criterion for Evaluating the Remaining Strength of Corroded Pipe,’’ (December 22, 1989). The RSTRENG program
may be used for calculating remaining strength.
B. American Petroleum Institute (API):
(1) ANSI/API Specification 5L/ISO 3183, ‘‘Specification for Line
Pipe’’ (44th edition, 2007), Includes Errata and Addendum
(2009).
(2) API Recommended Practice 5L1, ‘‘Recommended Practice for
Railroad Transportation of Line Pipe’’ (6th edition, 2002).
(3) API Recommended Practice 5LW, ‘‘Recommended Practice for
‘‘Transportation of Line Pipe on Barges and Marine Vessels’’
(2nd edition, 1996).
(4) API Specification 6D/ISO 14313, ‘‘Pipeline Valves’’ (23rd edition
and errata 1, 2, and 3,(2009).
(5) ANSI/API 12F, Errata for ‘‘Specification for Shop Welded Tanks
for Storage of Production Liquids’’ (12th edition, 2007).
(6) ANSI/API 510, ‘‘Pressure Vessel Inspection Code: Maintenance
Inspection, Rating, Repair, and Alteration’’ (9th edition, 2006).
(7) API 620, ‘‘Design and Construction of Large, Welded, LowPressure Storage Tanks’’ (11th edition, 2008, Addendum 1,
2009).
(8) API 650, ‘‘Welded Steel Tanks for Oil Storage’’ (11th edition,
2007, Addendum, 2008).
(9) ANSI/API Recommended Practice 651, ‘‘Cathodic Protection of
Aboveground Petroleum Storage Tanks’’ (3rd edition, January
2007).
(10) ANSI/API Recommended Practice 652, ‘‘Lining of Aboveground Petroleum Storage Tank Bottoms’’ (3rd edition, October
2005).
(11) API 653, ‘‘Tank Inspection, Repair, Alteration, and Reconstruction’’ (3rd edition Third Edition, Includes Addendum 1
(2003), Addendum 2 (2005), Addendum 3 (2008), and Errata
(2008), April 2008).
(12) API 1104, ‘‘Welding of Pipelines and Related Facilities’’ (20th
edition, Errata/Addendum, (2007) and Errata 2 (2008)).
(13) API 1130, ‘‘Computational Pipeline Monitoring for Liquid Pipelines’’ (1st edition, 2007).
(14) API 2000, ‘‘Venting Atmospheric and Low-Pressure Storage
Tanks’’ (5th edition, errata, Nov. 1999).
(15) API Recommended Practice 2003, ‘‘Protection Against Ignitions Arising Out of Static, Lightning, and Stray Currents’’ (7th
edition, 2008).
(16) API 2026, ‘‘Safe Access/Egress Involving Floating Roofs of
Storage Tanks in Petroleum Service’’ (2nd edition with reaf,
2006).
(17) API Recommended Practice 2350, ‘‘Overfill Protection for
Storage Tanks In Petroleum Facilities’’’ (3rd edition, 2005).
(18) API 2510, ‘‘Design and Construction of LPG Installations’’ (8th
edition, 2001).
(19) API Recommended Practice 1162, ‘‘Public Awareness Programs for Pipeline Operators’’ (1st edition, December 2003).
C. ASME International (ASME):
VerDate Nov<24>2008
Incorporation by reference.
*
Fmt 4702
§§ 195.452(h)(4)(i)(B); 195.452(h)(4)(iii)(D); 195.587.
§§ 195.106(b)(1)(i); 195.106(e).
§ 195.207.
§ 195.207.
§ 195.116(d).
§§ 195.132(b)(1);
195.205(b)(2);
195.307(a); 195.565; 195.579(d).
§§ 195.205(b)(3); 195.432(c).
195.264(b)(1);
195.264(e)(1);
§§ 195.132(b)(2);
195.307(b).
195.264(b)(1);
195.264(e)(3);
§§ 195.132(b)(3);
195.205(b)(1);
195.264(b)(1);
195.307(c); 195.307(d); 195.565; 195.579(d).
§§ 195.565; 195.579(d).
195.264(e)(2);
195.205(b)(2);
§ 195.579(d).
§§ 195.205(b)(1); 195.432(b).
§§ 195.222; 195.228(b); 195.214(a).
§§ 195.134; 195.444.
§§ 195.264(e)(2); 195.264(e)(3).
§ 195.405(a).
§ 195.405(b).
§ 195.428(c).
§§ 195.132(b)(3);
195.205(b)(3);
195.264(b)(2);
195.307(e);195.428(c); 195.432(c).
§§ 195.440(a); 195.440(b); 195.440(c).
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Source and name of referenced material
49 CFR reference
(1) ANSI/ASME B16.9–2007 (December 2007), ‘‘Factory-Made
Wrought Steel Butt Welding Fittings’’.
(2) ANSI/ASME B31.4–2006) (October 2006), ‘‘Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids’’.
(3) ANSI/ASME B31G–1991 (Reaffirmed; 2004), ‘‘Manual for Determining the Remaining Strength of Corroded Pipelines’’.
(4) ANSI/ASME B31.8–2007 (November 2007), ‘‘Gas Transmission
and Distribution Piping Systems’’.
(5) ASME Boiler and Pressure Vessel Code, Section VIII, Division
1, ‘‘Rules for Construction of Pressure Vessels,’’ (2007 edition,
July 1, 2007).
(6) ASME Boiler and Pressure Vessel Code, Section VIII, Division
2, ‘‘Alternate Rules for Construction for Pressure Vessels’’ (2007
edition, July 1, 2007).
(7) ASME Boiler and Pressure Vessel Code, Section IX, ‘‘Welding
and Brazing Qualifications,’’ (2007 edition, July 1, 2007).
D. Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS):
(1) MSS SP–75–2004, ‘‘Specification for High Test Wrought Butt
Welding Fittings’’ (1993).
(2) [Reserved].
E. American Society for Testing and Materials (ASTM):
(1) ASTM A53/A53M–07 (2007), ‘‘Standard Specification for Pipe,
Steel, Black and Hot-Dipped, Zinc-Coated Welded and Seamless’’.
(2) ASTM A106/A106M–08 (2008), ‘‘Standard Specification for
Seamless Carbon Steel Pipe for High-Temperature Service’’.
(3) ASTM A333/A 333M–05 (2004), ‘‘Standard Specification for
Seamless and Welded Steel Pipe for Low-Temperature Service’’.
(4) ASTM A381–96 (Reapproved 2005), ‘‘Standard Specification
for Metal-Arc-Welded Steel Pipe for Use With High-Pressure
Transmission Systems’’.
(5) ASTM A671–06 (2006), ‘‘Standard Specification for Electric-Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures’’.
(6) ASTM A672–08 (2008), ‘‘Standard Specification for Electric-Fusion-Welded Steel Pipe for High-Pressure Service at Moderate
Temperatures’’.
(7) ASTM A691–98 (2007), ‘‘Standard Specification for Carbon and
Alloy Steel Pipe Electric-Fusion-Welded for High-Pressure Service at High Temperatures’’.
F. National Fire Protection Association (NFPA):
(1) NFPA 30 (2008), ‘‘Flammable and Combustible Liquids Code’’
(2) [Reserved].
G. NACE International (NACE):
(1) NACE Standard SP0169–2007, ‘‘Control of External Corrosion
on Underground or Submerged Metallic Piping Systems’’.
(2) NACE Standard SP0502–2008, ‘‘Pipeline External Corrosion
Direct Assessment Methodology’’.
20. In § 195.116, revise paragraph (d)
to read as follows:
§ 195.116
Valves.
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*
*
*
*
*
(d) Each valve must be both
hydrostatically shell tested and
hydrostatically seat tested without
leakage to at least the requirements set
forth in section 11 of API Standard 6D
(incorporated by reference, see § 195.3).
*
*
*
*
*
21. Add § 195.207 to subpart D to read
as follows:
§ 195.207
Transportation of pipe.
(a) Railroad. In a pipeline operated at
a hoop stress of 20 percent or more of
SMYS, an operator may not use pipe
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15:30 Jul 21, 2009
Jkt 217001
§ 195.118(a).
§ 195.452(h)(4)(i).
§§ 195.452(h)(4)(i)(B); 195.452(h)(4)(iii)(D).
§§ 195.5(a)(1)(i); 195.406(a)(1)(i).
§§ 195.124; 195.307(e).
§ 195.307(e).
§ 195.222.
§ 195.118(a).
§ 195.106(e).
§ 195.106(e).
§ 195.106(e).
§ 195.106(e).
§ 195.106(e).
§ 195.106(e).
§ 195.106(e).
§ 195.264(b)(1).
§§ 195.571; 195.573.
§ 195.588.
having an outer diameter to wall
thickness ratio of 70 to 1, or more, that
is transported by railroad unless the
transportation is performed in
accordance with API RP 5L1
(incorporated by reference, see § 195.3).
(b) Ship or barge. In a pipeline
operated at a hoop stress of 20 percent
or more of SMYS, an operator may not
use pipe having an outer diameter to
wall thickness ratio of 70 to 1, or more,
that is transported by ship or barge on
both inland and marine waterways,
unless the transportation is performed
in accordance with API RP 5LW
(incorporated by reference, see § 195.3).
22. In § 195.307, revise paragraph (c)
to read as follows:
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§ 195.307 Pressure testing aboveground
breakout tanks.
*
*
*
*
*
(c) For aboveground breakout tanks
built to API Standard 650 and first
placed in service after October 2, 2000,
testing must be in accordance with
section 5.2 of API Standard 650
(incorporated by reference, see § 195.3).
*
*
*
*
*
23. In § 195.401, paragraph (b) is
revised to read as follows:
§ 195.401
General requirements.
*
*
*
*
*
(b) An operator must make repairs on
its pipeline system according to the
following requirements:
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(1) Non Integrity management repairs.
Whenever an operator discovers any
condition that could adversely affect the
safe operation of its pipeline system, it
must correct the condition within a
reasonable time. However, if the
condition is of such a nature that it
presents an immediate hazard to
persons or property, the operator may
not operate the affected part of the
system until it has corrected the unsafe
condition.
(2) Integrity management repairs.
When an operator discovers a condition
on a pipeline covered under § 195.452,
the operator must correct the condition
as prescribed in § 195.452 (h).
*
*
*
*
*
24. In § 195.432, paragraph (b) is
revised to read as follows:
§ 195.432
tanks.
Inspection of in-service breakout
*
*
*
*
*
(b) Each operator must inspect the
physical integrity of in-service
atmospheric and low-pressure steel
aboveground breakout tanks according
to API Standard 653 (incorporated by
reference, see § 195.3). However, if
structural conditions prevent access to
the tank bottom, the bottom integrity
may be assessed according to a plan
included in the operations and
maintenance manual under
§ 195.402(c)(3).
*
*
*
*
*
25. In § 195.452, paragraphs (h)(4)(i)
introductory text is revised to read as
follows:
§ 195.452 Pipeline integrity management in
high consequence areas.
erowe on DSK5CLS3C1PROD with PROPOSALS-1
*
*
*
*
*
(h) * * *
(4) * * *
(i) Immediate repair conditions. An
operator’s evaluation and remediation
schedule must provide for immediate
repair conditions. To maintain safety, an
operator must temporarily reduce
operating pressure or shut down the
pipeline until the operator completes
the repair of these conditions. An
operator must calculate the temporary
reduction in operating pressure using
the formula in section 451.6.2.2(b) of
ANSI/ASME B31.4 (incorporated by
reference, see § 195.3). An operator must
treat the following conditions as
immediate repair conditions:
*
*
*
*
*
26. Section 195.571 is revised to read
as follows:
VerDate Nov<24>2008
15:30 Jul 21, 2009
Jkt 217001
§ 195.571 What criteria must I use to
determine the adequacy of cathodic
protection?
Cathodic protection required by this
subpart must comply with one or more
of the applicable criteria and other
considerations for cathodic protection
contained in paragraphs 6.2 and 6.3 of
NACE SP 0169 (incorporated by
reference, see § 195.3).
27. In § 195.573, paragraph (a)(2) is
revised to read as follows:
§ 195.573 What must I do to monitor
external corrosion control?
(a) * * *
(2) Identify not more than 2 years after
cathodic protection is installed, the
circumstances in which a close-interval
survey or comparable technology is
practicable and necessary to accomplish
the objectives of paragraph 10.1.1.3 of
NACE SP 0169 (incorporated by
reference, see § 195.3).
*
*
*
*
*
28. In § 195.588, paragraphs (b)(1),
(b)(2) introductory text, (b)(2)(iii), (b)(3)
introductory text, (b)(4) introductory
text, (b)(4)(ii), (b)(4)(iv), (b)(5)
introductory text, and (b)(5)(ii) are
revised to read as follows:
§ 195.588 What standards apply to direct
assessment?
*
*
*
*
*
(b) * * *
(1) General. You must follow the
requirements of NACE SP0502
(incorporated by reference, see § 195.3).
Also, you must develop and implement
an ECDA plan that includes procedures
addressing pre-assessment, indirect
examination, direct examination, and
post-assessment.
(2) Pre-assessment. In addition to the
requirements in Section 3 of NACE
SP0502, the ECDA plan procedures for
pre-assessment must include—
*
*
*
*
*
(iii) If you utilize an indirect
inspection method not described in
Appendix A of NACE SP0502, you must
demonstrate the applicability,
validation basis, equipment used,
application procedure, and utilization of
data for the inspection method.
(3) Indirect examination. In addition
to the requirements in Section 4 of
NACE SP0502, the procedures for
indirect examination of the ECDA
regions must include—
*
*
*
*
*
(4) Direct examination. In addition to
the requirements in Section 5 of NACE
SP0502, the procedures for direct
examination of indications from the
indirect examination must include—
*
*
*
*
*
PO 00000
Frm 00031
Fmt 4702
Sfmt 4700
36151
(ii) Criteria for deciding what action
should be taken if either:
(A) Corrosion defects are discovered
that exceed allowable limits (Section
5.5.2.2 of NACE SP0502 provides
guidance for criteria); or
(B) Root cause analysis reveals
conditions for which ECDA is not
suitable (Section 5.6.2 of NACE SP0502
provides guidance for criteria);
*
*
*
*
*
(iv) Criteria that describe how and on
what basis you will reclassify and reprioritize any of the provisions specified
in Section 5.9 of NACE SP0502.
(5) Post assessment and continuing
evaluation. In addition to the
requirements in Section 6 of NACE
SP 0502, the procedures for post
assessment of the effectiveness of the
ECDA process must include—
*
*
*
*
*
(ii) Criteria for evaluating whether
conditions discovered by direct
examination of indications in each
ECDA region indicate a need for
reassessment of the pipeline segment at
an interval less than that specified in
Sections 6.2 and 6.3 of NACE SP0502
(see appendix D of NACE SP0502).
29. In Appendix C to Part 195,
paragraph (I)(A) introductory text is
revised to read as follows:
Appendix C to Part 195—Guidance for
Implementation of an Integrity
Management Program
*
*
*
*
*
I. * * *
A. The rule defines a High Consequence
Area as a high population area, an other
populated area, an unusually sensitive
area, or a commercially navigable waterway.
The Office of Pipeline Safety (OPS) will map
these areas on the National Pipeline Mapping
System (NPMS). An operator, or government
official may access the data from the NPMS
home page https://
www.npms.phmsa.dot.gov/. OPS maintains
the NPMS and may update it periodically.
However, it is an operator’s responsibility to
ensure that it has identified all high
consequence areas that could be affected by
a pipeline segment. An operator is also
responsible for periodically evaluating its
pipeline segments to look for population or
environmental changes that may have
occurred around the pipeline and to keep its
program current with this information. (Refer
to § 195.452(d)(3)).
*
*
*
*
*
Issued in Washington, DC, on July 16,
2009.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. E9–17307 Filed 7–21–09; 8:45 am]
BILLING CODE 4910–60–P
E:\FR\FM\22JYP1.SGM
22JYP1
]]>Agencies
[Federal Register Volume 74, Number 139 (Wednesday, July 22, 2009)]
[Proposed Rules]
[Pages 36139-36151]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-17307]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 192, 193, and 195
[Docket No. PHMSA-2008-0301)
RIN 2137-AE41
Pipeline Safety: Periodic Updates of Regulatory References to
Technical Standards and Miscellaneous Edits
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: PHMSA is proposing to incorporate by reference (IBR) into the
pipeline safety regulations all or parts of new editions of voluntary
consensus standards to allow pipeline operators to use current
technology, new materials, and other industry and management practices.
In this document, PHMSA also proposes to make nonsubstantive edits and
clarify regulatory language in certain provisions. These proposed
amendments to the pipeline safety regulations would not require
pipeline operators to undertake any significant new pipeline safety
initiatives.
DATES: Submit comments on the subject of this proposed rule on or
before September 21, 2009.
ADDRESSES: You may submit comments, identified by Docket No. PHMSA-
2008-0301, by any of the following methods:
E-Gov Web: https://www.regulations.gov. This site allows
the public to enter comments on any Federal Register notice issued by
any agency. Follow the online instructions for submitting comments.
Mail: Docket Management System: U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
Hand Delivery or Courier: DOT Docket Management System:
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE.,
between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal
holidays.
Fax: 202-493-2251.
Instructions: Identify the docket ID, PHMSA 2008-0301, at the
beginning of your comments. If you submit your comments by mail, submit
two copies. If you wish to receive confirmation that PHMSA received
your comments, include a self-addressed stamped postcard. Internet
users may submit comments at https://www.regulations.gov.
Note: All comments received will be posted without edits to
https://www.regulations.gov, including any personal information
provided. Please see the Privacy Act heading below.
Privacy Act: Anyone is able to search the electronic comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78) or you may visit https://docketsinfo.dot.gov/.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov. Follow the online
instructions for accessing the dockets. Alternatively, you may review
the documents in person at the street address listed above.
FOR FURTHER INFORMATION CONTACT:
Technical Information: Mike Israni, (202) 366-4571, or by e-mail at
mike.israni@dot.gov.
Regulatory Information: Cheryl Whetsel by phone at (202) 366-4431
or by e-mail at cheryl.whetsel@dot.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The National Technology Transfer and Advancement Act of 1995 (Pub.
L. 104-113; signed into law March 7, 1996)
[[Page 36140]]
directs Federal agencies to use voluntary consensus standards instead
of government-written standards. The Office of Management and Budget
(OMB) Circular A-119: Federal Participation in the Development and Use
of Voluntary Consensus Standards and in Conformity Assessment
Activities sets the policies on Federal use and development of
voluntary consensus standards. Voluntary consensus standards are
standards developed or adopted by voluntary bodies that develop,
establish, or coordinate technical standards using agreed upon
procedures. These organizations update and revise their published
standards every 3 to 5 years, to reflect modern technology and best
technical practices.
PHMSA's Office of Pipeline Safety staff participates in more than
25 national voluntary consensus standards committees. There are more
than 60 standards and specifications incorporated by reference in 49
CFR parts 192, 193, and 195. PHMSA's policy is to adopt voluntary
consensus standards when they are applicable to pipeline design,
construction, maintenance, inspection, and repair. PHMSA has the
ultimate responsibility to ensure that the best interests of public
safety are being served. When PHMSA believes some aspect of a standard
does not meet this directive, it will not incorporate the new edition.
PHMSA has reviewed the revised voluntary consensus standards proposed
for incorporation in whole or in part in 49 CFR parts 192, 193, and
195.
Previous updates to incorporate industry standards by reference
were published May 24, 1996 (61 FR 26121), June 6, 1996 (61 FR 2877),
February 17, 1998 (63 FR 7721), June 14, 2004 (69 FR 32886), June 9,
2006 (71 FR 33402), and February 1, 2007 (72 FR 4657).
II. Updated Standards Not Incorporated by Reference
PHMSA will not propose to incorporate by reference the following
updated ASTM International (ASTM), formerly known as the American
Society of Testing and Materials, standards.
--ASTM D638; Standard Test Method for Tensile Properties of Plastics
(2008 edition)
--ASTM D2513; Standard Specification for Thermoplastic Gas Pressure
Pipe, Tubing and Fittings (2007 edition)
--ASTM D2517; Standard Specification for Reinforced Epoxy Resin Gas
Pressure Pipe and Fittings (2006)
--ASTM F1055; Standard Specification for Electrofusion-Type
Polyethylene Fittings for Outside Diameter Controller Polyethylene Pipe
and Tubing (2006)
PHMSA believes that a number of important issues need to be fully
addressed by ASTM Committee F-17 and D20.10 before we adopt any new
editions. Among these are the issues of appurtenances, marking and or
traceability, increase in design factor, and qualifications
requirements for new materials. Therefore, we are proposing to continue
to reference in the gas pipeline safety regulations the standards found
in ASTM D638 (2003 edition), (ASTM D2513 1987 and 1999 edition), ASTM
D2517 (2000 edition) and ASTM F1055 (1998 edition) for plastic pipe and
fittings.
PHMSA has determined that the following updated National Fire
Protection Association (NFPA) standards will not be incorporated by
reference at this time.
--NFPA 58; Liquefied Petroleum Gas Code (LP-Gas Code) (2008 edition)
--NFPA 59; Utility LP-Gas Plant Code (2008 edition)
PHMSA currently requires that the NFPA standards prevail if there
is a conflict between Part 192 and NFPA Standards 58 or 59. PHMSA is
proposing a change to paragraph (c) in Sec. 192.11 for petroleum gas
systems. This requirement was put in place to take advantage of more
current petroleum gas transportation technology and safety practices.
However, PHMSA has noticed that Sec. 192.11(c) is consistently being
misinterpreted by operators. Also, we believe the 2008 editions of NFPA
Standards 58 and 59 have many conflicts with Part 192. Therefore, we
are proposing to revise the regulation to require that Part 192 will
prevail if there is a conflict between Part 192 and NFPA 58 or NFPA 59.
PHMSA believes the updated NFPA 58 would supplant the requirements
of Part 192 with lesser criteria in the areas of damage prevention;
odorization requirements; distribution valve maintenance; and operation
and maintenance, emergency, and public awareness planning. In addition,
because NFPA 58 does not apply retroactively, the 2008 revisions would
not apply to those regulated facilities in existence before this
edition was issued. This would create a situation where significant
portions of Part 192 would apply to some facilities and NFPA 58 (2008)
would apply to others. PHMSA also believes the 2008 edition of NFPA 59
is not in concert with the scope of pipeline facilities as designated
in Part 192.1(b)(5), and with Subpart I--Requirements for Corrosion
Control. Therefore, we are proposing to continue to reference in the
pipeline safety regulations the standards found in NFPA 58 (2004) and
NFPA 59 (2004).
III. Updated Standards Partially Incorporated by Reference
PHMSA is proposing to partially incorporate NFPA 59A, Standard for
the Production, Storage, and Handling of Liquefied Natural Gas (LNG)
(2006 edition) at this time. We are proposing to reference in Part 193
only those specified sections of the 2006 edition pertaining to
ultrasonic inspection and to seismic design. PHMSA believes that the
NFPA 59A committee has yet to reconcile issues relating to dispersion
analyses for vapor releases from process and safety equipment;
containers with liquid penetrations at grade; design spill cases for
full and double containment containers; standards for impoundment
sizing for snow accumulation, severe weather, emergency
depressurization, and fuel bunkering. Therefore, except for specified
sections in the 2006 edition, PHMSA proposes to continue to reference
NFPA 59A (2001).
IV. Updates to Standards Incorporated by Reference
PHMSA proposes the following new editions of currently-referenced
standards for incorporation by reference (IBR) in parts 192, 193, and
195. PHMSA is also proposing to amend the titles in the applicable
referenced sections to reflect the updated standards as appropriate.
This notice proposes to incorporate all or parts of the latest editions
of 39 voluntary consensus technical standards referenced in the
pipeline safety regulations.
API RP 5L1 & API RP 5LW
PHMSA proposes to adopt American Petroleum Institute (API)
Recommended Practice 5LW (API RP 5LW) ``Transportation of Line Pipe on
Barges and Marine Vessels'' into 49 CFR parts 192 and 49 CFR 195. This
newly-incorporated standard would be referenced in Sec. 192.65 and a
newly-created Sec. 195.207. API RP 5LW would provide a standard for
transportation of certain API Specification 5L steel line pipe by ship
or barge on both inland and marine waterways. PHMSA also proposes to
incorporate by reference API RP 5L1 into the newly-created Sec.
195.207 similar to how it is incorporated by reference in Sec. 192.65.
This would provide a standard for liquid operators for the
transportation of certain API Specification 5L steel line pipe by
railroad.
[[Page 36141]]
API 620
PHMSA proposes to adopt API 620 (2008) ``Design and Construction of
Large, Welded, Low-Pressure Storage Tanks'' in 49 CFR Part 193 for
seismic design and nondestructive examination. NFPA 59A (2006)
incorporates by reference the 1990 edition of API 620 but PHMSA
proposes to incorporate by reference the most recent version, API 620
(2008).
American Petroleum Institute (API)
ANSI/API Spec 5L/ISO 3183 Specification for Line Pipe
(44th edition, 2007), Includes Errata and Addendum (2009)
Replaces IBR: API Specification 5L, ``Specification for Line Pipe''
(43rd edition and errata, 2004);
Referenced in 49 CFR 192.55(e); 192.113; Item I, Appendix B to part
192; 195.106(b)(1)(i); 195.106(e).
API Spec 5LW API Recommended Practice 5LW, ``Recommended
Practice for `Transportation of Line Pipe on Barges and Marine Vessels'
'' (2nd edition, 1996)
Proposed to be IBR;
Proposed to be Referenced in 49 CFR 192.65(b); 195.207(b).
API Spec 6D/ISO 14313 ``Pipeline Valves'' (23rd edition
and errata 1, 2 and 3, (2009)
Replaces IBR: API Specification 6D ``Pipeline Valves'' (22nd
edition, January 2002);
Referenced in 49 CFR 192.145(a); 195.116(d).
ANSI/API 12F, Specification for Shop Welded Tanks for
Storage of Production Liquids (11th edition errata, February 2007)
Replaces IBR: 11th edition, 1994;
Referenced in 49 CFR 195.132(b)(1); 195.205(b)(2); 195.264(b)(1);
195.264(e)(1); 195.307(a); 195.565; 195.579(d).
ANSI/API 510, ``Pressure Vessel Inspection Code:
Maintenance Inspection, Rating, Repair, and Alteration,'' (9th edition,
June 2006)
Replaces IBR: 8th edition, 1997 including Addenda 1 through 4;
Referenced in 49 CFR 195.205(b)(3); 195.432(c).
API 620, ``Design and Construction of Large, Welded, Low-
Pressure Storage Tanks'' (11th edition, February 2008, Addendum 1,
2009)
Replaces IBR: 10th edition, 2002 including Addendum 1;
Referenced in 49 CFR 195.132(b)(2); 195.205(b)(2);
195.264(b)(1);195.264(e)(3); 195.307(b)
Reference added in 49 CFR 193.2101(b), 193.2321(b).
API 650, ``Welded Steel Tanks for Oil Storage,'' (11th
edition, June 2007, Addendum 1, 2008)
Replaces IBR: 10th edition, 1998 including Addenda 1-3;
Referenced in 49 CFR 195.132(b)(3); 195.205(b)(1); 195.264(b)(1);
195.264(e)(2); 195.307; 195.565; 195.579(d).
ANSI/API Recommended Practice 651, ``Cathodic Protection
of Aboveground Petroleum Storage Tanks'' (3rd edition, January 2007)
Replaces IBR: 2nd edition, December 1997;
Referenced in 49 CFR 195.565; 195.579(d).
ANSI/API Recommended Practice 652, ``Lining of Aboveground
Petroleum Storage Tank Bottoms,'' (3rd edition, October 2005)
Replaces IBR: 2nd edition, December 1997;
Referenced in 49 CFR 195.579(d).
API 653, ``Tank Inspection, Repair, Alteration, and
Reconstruction,'' (3rd edition, includes Addendum 1 (2003), Addendum 2
(2005), Addendum 3 (2008), and Errata (2008), April 2008)
Replaces IBR: 3rd edition, 2001 including Addendum 1, 2003;
Referenced in 49 CFR 195.205(b)(1); 195.432(b).
API 1104, ``Welding of Pipelines and Related Facilities,''
(20th edition, Errata/Addendum, (2007) and Errata 2 (2008))
Replaces IBR: 19th edition, 1999, including Errata October 31,
2001;
Referenced in 49 CFR 192.225; 192.227(a); 192.229(c)(1);
192.241(c); Item II, Appendix B; 195.222; 195.228(b); 195.214(a).
API 1130, ``Computational Pipeline Monitoring for Liquid
Pipelines'' (1st edition, September 2007)
Replaces IBR: 2nd edition, 2002;
Referenced in 49 CFR 195.134; 195.444.
API 2000, ``Venting Atmospheric and Low-Pressure Storage
Tanks'' (5th edition, errata, November 1999)
Replaces IBR: 5th edition, April 1998;
Referenced in 49 CFR 195.264(e)(2); 195.264(e)(3).
API Recommended Practice 2003, ``Protection against
Ignitions Arising Out of Static, Lightning, and Stray Currents,'' (7th
edition, January 2008)
Replaces IBR: 6th edition, 1998;
Referenced in 49 CFR 195.405(a).
API 2026, ``Safe Access/Egress Involving Floating Roofs of
Storage Tanks in Petroleum Service,'' (2nd edition, reaffirm, June
2006)
Replaces IBR: 2nd edition, 1998;
Referenced in 49 CFR 195.405(b).
API Recommended Practice 2350 ``Overfill Protection for
Storage Tanks in Petroleum Facilities,'' (3rd edition, January 2005)
Replaces IBR: 2nd edition, 1996;
Referenced in 49 CFR 195.428(c).
American Society of Civil Engineers (ASCE)
ASCE/SEI 7-05, ``Minimum Design Loads for Buildings and
Other Structures'' (2005 edition)
Replaces IBR: 2002 edition;
Referenced in 49 CFR 193.2067.
American Society for Testing and Materials (ASTM)
ASTM A53/A53M-07 (2007), ``Standard Specification for
Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless''
Replaces IBR: 2004 edition;
Referenced in 49 CFR 192.113; Item I, Appendix B to part 192;
195.106(e).
ASTM A106/106M-08 (2008), ``Standard Specification for
Seamless Carbon Steel Pipe for High-Temperature Service''
Replaces IBR: 2004 edition;
Referenced in 49 CFR 192.113; Item I, Appendix B to part 192;
195.106(e).
ASTM A372/A372M-03 (2008), ``Standard Specification for
Carbon and Alloy Steel Forgings for Thin-Walled Pressure Vessels''
Replaces IBR: 2003 edition;
Referenced in 49 CFR 192.177(b)(1).
ASTM A381-96 (Reapproved 2005), ``Standard Specification
for Metal-Arc-Welded Steel Pipe for Use with High-Pressure Transmission
Systems''
Replaces IBR: 1996 edition, reapproved 2001;
Referenced in 49 CFR 192.113; Item I, Appendix B to part 192;
195.106(e).
ASTM A671-06 (2006), ``Standard Specification for
Electric-Fusion-Welded Steel Pipe for Atmospheric and Lower
Temperatures''
Replaces IBR: 2004 edition;
Referenced in 49 CFR 192.113; Item I, Appendix B to part 192;
195.106(e).
ASTM A672-08 (2008), ``Standard Specification for
Electric-Fusion-Welded Steel Pipe for High-Pressure Service at Moderate
Temperatures''
Replaces IBR: 1996 edition, reapproved 2001;
Referenced in 49 CFR 192.113; Item I, Appendix B to part 192;
195.106(e).
ASTM A691-98 (2007), ``Standard Specification for Carbon
and Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure Service
at High Temperatures''
Replaces IBR: 1998 edition, reapproved 2002;
Referenced in 49 CFR 192.113; Item I, Appendix B to part 192;
195.106(e).
ASME International (ASME)
ANSI/ASME B16.1-2005, Gray Iron Pipe Flanges and Flanged
Fittings: Classes 25, 125, and 250 (August 2006)
Replaces IBR: ASME B16.1-1998 ``Cast Iron Pipe Flanges and Flanged
Fittings'' 1998 edition;
[[Page 36142]]
Referenced in 49 CFR 192.147(c).
ANSI/ASME B16.9-2007, ``Factory-Made Wrought Steel Butt
Welding Fittings'' (December 2007)
Replaces IBR: 2003 edition (February 2004);
Referenced in 49 CFR 195.118(a).
ANSI/ASME B31.4-2006 ``Pipeline Transportation Systems for
Liquid Hydrocarbons and Other Liquids'' (October 2006)
Replaces IBR: 2002 edition (October 2002);
Referenced in 49 CFR 195.452(h)(4)(i).
ANSI/ASME B31.8-2007 ``Gas Transmission and Distribution
Piping Systems'' (November 2007)
Replaces IBR: 2003 edition (February 2004);
Referenced in 49 CFR 192.619(a)(1)(i); 195.5(a)(1)(i);
195.406(a)(1)(i).
ASME Boiler and Pressure Vessel Code, Section I: Rules for
Construction of Power Boilers 2007 (July 2007)
Replaces IBR: 2004 edition, including addenda through July 1, 2005;
Referenced in 49 CFR 192.153(a).
ASME Boiler and Pressure Vessel Code, Section VIII,
Division 1: Rules for Construction of Pressure Vessels 2007 (July 2007)
Replaces IBR: 2004 edition, including addenda through July 1, 2005;
Referenced in 49 CFR 192.153(b); 192.165(b)(3); 193.2321;
195.307(e).
ASME Boiler and Pressure Vessel Code, Section VIII,
Division 2: Alternative Rules 2007 (July 2007)
Replaces IBR: 2004 edition, including addenda through July 1, 2005;
Referenced in 49 CFR 192.153(b); 192.165(b)(3); 193.2321;
195.307(e).
ASME Boiler and Pressure Vessel Code, Section IX: Welding
and Brazing Qualifications 2007 (July 2007)
Replaces IBR: 2004 edition, including addenda through July 1, 2005;
Referenced in 49 CFR 192.227(a); Item II, Appendix B to part 192;
195.222.
Gas Technology Institute (GTI)
GTI-04/0032 LNGFIRE3: A Thermal Radiation Model for LNG
Fires (2004)
Replaces IBR: GRI-89/0176 ``LNGFIRE: A Thermal Radiation Model for
LNG Fires'' (June 29, 1990);
Referenced in 49 CFR 193.2057.
Manufacturers Standardization Society of the Valve and Fittings
Industry, Inc. (MSS)
MSS SP-44-2006, ``Steel Pipe Line Flanges'' (January 2006)
Replaces IBR: 1996 edition, reaffirmed 2001;
Referenced in 49 CFR 192.147(a).
NACE International (NACE)
NACE SP0169-2007, ``Control of External Corrosion on
Underground or Submerged Metallic Piping Systems''
Replaces IBR: NACE Standard RP0169-2002 ``Control of External
Corrosion on Underground or Submerged Metallic Piping Systems'';
Referenced in 49 CFR 195.571; 195.573.
NACE SP0502-2008 Standard Practice--Pipeline External
Corrosion Direct Assessment Methodology (Reaffirmed)
Replaces IBR: NACE Standard RP0502-2002 ``Pipeline External
Corrosion Direct Assessment Methodology'';
Referenced in 49 CFR 192.923(b)(1); 192.925(b) Introductory text;
192.925(b)(1); 192.925(b)(1)(ii); 192.925(b)(2) Introductory text;
192.925(b)(3) Introductory text; 192.925(b)(3)(ii); 192.925(b)(iv);
192.925(b)(4) Introductory text; 192.925(b)(4)(ii); 192.931(d);
192.935(b)(1)(iv); 192.939(a)(2); 195.588.
National Fire Protection Association (NFPA)
NFPA 30 (2008), ``Flammable and Combustible Liquids Code''
Replaces IBR: 2003 edition;
Referenced in 49 CFR 192.735(b); 195.264(b)(1).
NFPA 59A (2006), ``Standard for the Production, Storage,
and Handling of Liquefied Natural Gas (LNG)
Partially Replaces IBR: 2001 edition;
Referenced in 49 CFR 193.2101(b); 193.2321(b).
NFPA 70 (2008) ``National Electrical Code''
Replaces IBR: 2005 edition;
Referenced in 49 CFR 192.163(e); 192.189(c).
Plastics Pipe Institute, Inc. (PPI)
PPI TR-3/2008 (2008), ``Policies and Procedures for
Developing Hydrostatic Design Basis (HDB), Pressure Design Basis (PDB),
Strength Design Basis (SDB), and Minimum Required Strength (MRS)
Ratings for Thermoplastic Piping Materials or Pipe''
Replaces IBR: 2004 edition;
Referenced in 49 CFR 192.121.
On April 14, 2009 (74 FR 17099), PHMSA published a Direct Final
Rule that incorporated by reference the 2007 editions of API
Specification 5L ``Specification for Line Pipe'' and API 1104 ``Welding
of Pipelines and Related Facilities.'' That rulemaking did not
eliminate the use of the currently referenced standards but simply
allowed the additional use of these new standards. In this NPRM PHMSA
is proposing to eliminate the use of the previous editions of these
standards.
V. Clarifications, Corrections and Edits
This document proposes to revise the pipeline safety regulations to
make, non-substantive edits, update contact information, and provide
clarification as specified in the following section-by-section summary:
Part 192
Section 192.11
PHMSA is proposing to revise paragraph (c) in Sec. 192.11 to
require that Part 192 prevails if there is a conflict between Part 192
and NFPA 58 or 59 for the reasons discussed above in ``Updated
Standards Not Incorporated by Reference.''
Section 192.711
When the repair time conditions were implemented for
Pipeline Integrity Management in High Consequence Areas (HCA), this
section was not modified to clarify that the repair times for pipelines
covered by Sec. 192.711 pertained only to nonintegrity management
repairs.
We are revising this section to make that clearer.
Gas Piping Technology Committee (GPTC) Petition
GPTC is an accredited American National Standards Institute (ANSI)
standards committee that develops and publishes the ``Guide for Gas
Transmission and Distribution Piping Systems'', and assists natural gas
pipeline operators to comply with Part 192. PHMSA's Office of Pipeline
Safety (OPS) is represented on this committee. PHMSA proposes to make
the following amendments in response to a GPTC petition:
Sections 192.145(d) and 192.145(e)
Section 192.145 specifies the design and installation
requirements for valves. GPTC petition 89-04 requests that OPS clarify
the intent of Sec. 192.145(d) and (e) regarding the design
requirements for pressure containing parts of valves used in compressor
stations. OPS has several interpretations, PI-75-057 and PI-71-014,
stating that the plug or ball is not a pressure containing part. It is
OPS's intent to permit the use of cast iron plugs or balls in
combination with steel shell components.
We are proposing to revise paragraphs (d) and (e) to use the same
language as ANSI/ASME B31.8, paragraph 831.11(c) in referring to shell
components. Proposed revisions to paragraph (d) will clarify the
elements of a ``shell component.''
[[Page 36143]]
In response to GPTC's petition, we are also clarifying the
materials allowed in certain valve components used in compressor
stations. In paragraph (e), we are proposing to clarify that cast iron,
malleable iron, or ductile iron may be used in the valve ball or plug.
These materials may not be used in the pressure holding shell
components (body, bonnet, cover, or end flange).
Section 192.3
Section 192.3 defines terms used throughout Part 192.
PHMSA proposes to move the definitions, ``active corrosion'',
``electrical survey'' and ``pipeline environment'' from Sec.
192.465(e) to Sec. 192.3. This proposed revision will provide a
broader applicability of these terms to Part 192 because these terms
are also found in Part 192, Subparts I and O.
Section 192.557
GPTC petition 95-17 requests OPS revise Sec. 192.557(c) to allow
the use of a previous pressure test as a basis for increasing the
maximum allowable operating pressure (MAOP) of a steel pipeline that
will produce a hoop stress less than 30 percent of SMYS and of plastic,
cast iron, and ductile iron pipelines.
Regulations in Subpart K do not require a new pressure test be
conducted at the time of uprating unless the old pressure test cannot
justify the uprated pressure. Section 192.555 addresses uprating higher
stress steel pipelines and Sec. 192.557 addresses lower stress steel
pipelines and plastic, cast iron, and ductile iron pipelines. Section
192.555(c) explicitly allows the use of a previous pressure test as the
basis for establishing a higher MAOP. Since in Sec. 192.555(c), we
allow a previous pressure test at the higher level hoop stress, we
intended to allow it at a lower hoop stress in steel pipelines and in
plastic, cast iron, and ductile iron pipelines.
The confusion is with the requirement of Sec. 192.553(d), which
states that, ``* * * a new maximum allowable operating pressure
established under this subpart may not exceed the maximum that would be
allowed under this part for a new segment of pipeline constructed of
the same materials in the same location''. Only the derating for class
location as specified in Sec. 192.619 is a requirement of section
Sec. 192.553(d) for pipelines being uprated under Sec. 192.555(c).
The intent is not to preclude the use of a previous pressure test as a
basis for uprating. This requirement would also apply to steel
pipelines of lower hoop stress and to plastic, cast iron, and ductile
iron pipelines when the basis of uprating is a previous pressure test.
PHMSA proposes to clarify requirements for MAOP uprating in Sec.
192.557(c) by including the location factor requirements in Sec.
192.619(a)(2).
Part 193
Section 193.2101
PHMSA is proposing to revise this regulation to incorporate by
reference sections from the 2006 edition of NFPA59A pertaining to the
seismic design of stationary LNG storage tanks. Other sections from the
2001 edition of NFPA 59A would continue to be incorporated by reference
as designated in 193.2013. NFPA 59A (2006) incorporates by reference
the 1990 edition of API 620 but PHMSA proposes to incorporate by
reference the most recent version, API 620 (2008), for seismic design.
Section 193.2321
PHMSA is proposing to clarify the language in Sec. 193.2321(a) and
to use the broader terminology for non-destructive testing. PHMSA also
proposes to revise 193.2321(b) to add new requirements in accordance
with NFPA 59A's 2006 edition for the ultrasonic examination of LNG tank
welds for storage tanks with an internal design pressure at or below 15
psig.
Part 195
Section 195.307
PHMSA is proposing to revise paragraph (c) to reflect
revised section numbering regarding pneumatic testing from 5.3 to 5.2
of API Standard 650.
Section 195.401
When the repair time conditions were implemented for
Pipeline Integrity Management in High Consequence Areas (HCA), this
section was not modified to clarify that the repair times for pipelines
covered by Sec. 195.452 (pipelines that could affect an HCA) had to
comply with the integrity management repair requirements in Sec.
195.452(h). The requirement to repair a condition within a reasonable
time period (unless an immediate hazard) applies to conditions on
pipelines not covered by Sec. 195.452.
We are revising this section to make those requirements clearer.
Section 195.432
PHMSA is proposing to revise paragraph (b) to eliminate the
reference to section 4 in API Standard 653. All sections in API
Standard 653 relating to inspection of in-service atmospheric and low-
pressure steel aboveground breakout tanks are incorporated by
reference.
Section 195.452
PHMSA is proposing to revise paragraph (h)(4)(i) to
reflect new section numbering as specified in the updated ANSI/ASME
B31.4. The referenced section would be changed from ``451.7'' to
``451.6.2.2 (b)''.
VI. Rulemaking Analyses and Notices
Statutory/Legal Authority for This Rulemaking
This proposed rulemaking is published under the authority of the
Federal Pipeline Safety Law (49 U.S.C. 60101). Section 60102 authorizes
the Secretary of Transportation to issue regulations governing design,
installation, inspection, emergency plans and procedures, testing,
construction, extension, operation, replacement, and maintenance of
pipeline facilities. Section 60102(l) of the Federal Pipeline Safety
Law states that the Secretary shall, to the extent appropriate and
practicable, update incorporated industry standards that have been
adopted as part of the Federal pipeline safety regulations.
Privacy Act Statement
Anyone may search the electronic form of comments received in
response to any of our dockets by the name of the individual submitting
the comment (or signing the comment if submitted for an association,
business, labor union,). You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (65 FR
19477) or you may visit https://docketsinfo.dot.gov/.
Executive Order 13132
PHMSA has analyzed the proposed rulemaking according to the
principles and criteria in Executive Order 13132 (``Federalism''). The
proposed rule would not have a substantial direct effect on the States,
the relationship between the national government and the States, or the
distribution of power and responsibilities among the various levels of
government. The proposed rule would not impose substantial direct
compliance costs on State and local governments. This proposed
regulation would not preempt state law for intrastate pipelines.
Therefore, the consultation and funding requirements of Executive Order
13132 would not apply.
[[Page 36144]]
Executive Order 12866--Regulatory Planning and Review and DOT
Regulatory Policies and Procedures
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore,
would not be subject to review by the Office of Management and Budget.
This proposed rule is not significant under the Regulatory Policies and
Procedures of the Department of Transportation (44 FR 11034).
In this proposed rule we are updating references to standards that
are incorporated in the pipeline safety regulations. These updates will
enhance safety while reducing the compliance burden on the regulated
industry. We are also clarifying language in some of the provisions to
better reflect the intent of those regulations. Industry standards
developed and adopted by consensus generally are accepted and followed
by the industry; thus, their incorporation by reference in the Pipeline
Safety Regulations assures that the industry is not forced to comply
with a different set of standards to accomplish the same safety goal.
In addition, several amendments proposed for adoption provide
regulatory relief through compliance with certain nationally and
internationally recognized standards such as the American Society of
Mechanical Engineers (ASME) Boiler and Pressure Vessel Code and
standards published by the ASTM International (ASTM) and the American
Petroleum Institute (API). Requiring regulatory compliance with
standards such as the ASME, ASTM and API takes advantage of established
and well-defined and proven practices. Because we are proposing to
adopt industry consensus standards we expect compliance costs
associated with this proposal will be minimal.
Overall this proposed rule is intended to enhance transportation
safety and reduce the overall compliance burden on the regulated
industry. We invite public comment on any impacts of these proposed
amendments
Executive Order 13175
PHMSA has analyzed this proposed rulemaking according to Executive
Order 13175 (``Consultation and Coordination with Indian Tribal
Governments''). Because this proposed rulemaking would not
significantly or uniquely affect the communities of the Indian tribal
governments or impose substantial direct compliance costs, the funding
and consultation requirements of Executive Order 13175 would not apply.
Regulatory Flexibility Act
Under the Regulatory Flexibility Act (5 U.S.C. 601), PHMSA must
consider whether rulemaking actions would have a significant economic
impact on a substantial number of small entities. This proposed rule
would ensure that pipeline operators are using the most current
editions of technical standards incorporated by reference. The proposed
rule would also improve the clarity of several regulations. PHMSA
believes that this proposed rulemaking would impact a substantial
number of small entities but that this impact will be negligible. Based
on the facts available about the expected impact of this rulemaking, I
certify, under Section 605 of the Regulatory Flexibility Act (5 U.S.C.
605) that this proposed rulemaking will not have a significant economic
impact on a substantial number of small entities. PHMSA invites public
comments on this certification.
Unfunded Mandates Reform Act of 1995
This proposed rule would not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It would not result in costs of
$100 million (adjusted for inflation currently estimated to be $141
million) or more in any one year to either State, local, or tribal
governments, in the aggregate, or to the private sector, and would be
the least burdensome alternative that achieves the objective of the
proposed rulemaking.
Paperwork Reduction Act
This proposed rule would not impose any new information collection
requirements.
National Environmental Policy Act
The National Environmental Policy Act (42 U.S.C. 4321-4375)
requires that Federal agencies analyze proposed actions to determine
whether the action will have a significant impact on the human
environment. The Counsel on Environmental Quality (CEQ) regulations
order Federal agencies to conduct an environmental review considering
(1) the need for the proposed action (2) alternatives to the proposed
action (3) probable environmental impacts of the proposed action and
alternatives and (4) the agencies and persons consulted during the
consideration process. 40 CFR 1508.9(b).
1. Purpose and Need
PHMSA is proposing to incorporate by reference (IBR) into the
pipeline safety regulations all or parts of new editions of voluntary
consensus standards to allow pipeline operators to use current
technology, new materials, and other industry and management practices.
PHMSA also proposes to make non substantive edits and clarify
regulatory language in certain provisions. These proposed amendments to
the pipeline safety regulations would not require pipeline operators to
undertake any significant new pipeline safety initiatives.
2. Alternatives
In developing the proposed rule, we considered two alternatives:
(1) Do nothing.
(2) Propose revisions to the Pipeline Safety Regulations to
incorporate the newest editions of voluntary consensus standards to
allow pipeline operators to use current technologies.
Alternative 1
Because our goal is to facilitate uniformity, compliance, commerce
and safety in the transportation of hazardous liquids and gases by
pipeline, we rejected this alternative.
Alternative 2
Many of the industry standards currently incorporated by reference
have been revised and updated to incorporate new technology and
methodology. Most of the amendments would allow for alternative means
of compliance while still ensuring safety, clarify regulatory
requirements, and make the regulatory provisions more consistent--all
in furtherance of the safe transportation of hazardous materials by
pipeline.
3. Analysis of Environmental Impacts
The Nation's pipelines are located throughout the United States,
onshore and offshore, and traverse a variety of environments--from
highly populated urban sites to remote, unpopulated rural areas.\1\ .
The pipeline infrastructure is a network of over 2 million miles of
pipeline that moves millions of gallons of hazardous liquids and over
55 billion cubic feet of natural gas daily.\2\ The biggest source of
energy is petroleum, including oil and natural gas. Together, they
supply 65 percent of the energy in the United States.\3\
---------------------------------------------------------------------------
\1\ PHMSA, Pipeline Basics, https://primis.phmsa.dot.gov/comm/PipelineBasics.htm.
\2\ GAO/RCED-00-128, ``The Office of Pipeline Safety is Changing
How it Oversees the Pipeline Industry.''
\3\ PHMSA. Pipeline Safety Q&As.
---------------------------------------------------------------------------
The physical environment potentially affected by the proposed rule
includes the airspace, water resources (e.g., oceans, streams, lakes),
cultural and historical resources (e.g., properties
[[Page 36145]]
listed on the National Register of Historic Places), biological and
ecological resources (e.g., coastal zones, wetlands, plant and animal
species and their habitat, forests, grasslands, offshore marine
ecosystems), and special ecological resources (e.g., threatened and
endangered plant and animal species and their habitat, national and
State parklands, biological reserves, wild and scenic rivers) that
exist directly adjacent to and within the vicinity of pipelines.
Because the pipelines subject to the rule contain hazardous
materials, resources within the physically affected environment, as
well as public health and safety, may be affected by gas pipeline
incidents such as spills and leaks. Incidents on pipelines can result
in fires and explosions, with resulting damage to the local
environment. In addition, since pipelines often contain gas streams
laden with condensates and natural gas liquids (NGL's), failures also
result in spills of these liquids, which can cause environmental harm.
Depending on the size of a spill or gas leak, and the nature of the
impact zone, the environmental impacts could vary from property damage
and environmental damage to injuries or, on rare occasions, fatalities.
Updating the references to industry standards enhances safety and
environmental protection by recognizing the use of new technologies.
Thus it is possible that, on a national scale, the cumulative
environmental damage from pipelines is reduced, or at a minimum
unchanged.
Neither the ``do nothing'' alternative or the action alternative
would result in any significant impacts on the environment.
4. Consultations
Various industry associations and State regulatory agencies were
consulted in the development of this proposed rulemaking
5. Decision About the Degree of Environmental Impact
PHMSA has preliminarily determined that the selected alternative
would not have a significant impact on the human environment. PHMSA
welcomes comment on any of these conclusions.
Executive Order 13211
Transporting gas affects the nation's available energy supply.
However, this proposed rulemaking would not be a ``significant'' energy
action under Executive Order 13211. It also would not be a significant
regulatory action under Executive Order 12866 and would not be likely
to have a significant adverse effect on the supply, distribution, or
use of energy. Further, the Administrator of the Office of Information
and Regulatory Affairs would not be likely to identify this proposed
rule as a significant energy action.
Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 192
Incorporation by reference, Natural gas, Pipeline safety.
49 CFR Part 193
Incorporation by reference, Liquefied natural gas, Pipeline safety.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Incorporation by reference,
Petroleum pipeline safety.
In consideration of the foregoing, PHMSA proposes to amend 49 CFR
Parts 192, 193, and 195 as follows:
PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
1. The authority citation for part 192 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,
60113, 60116, 60118 and 60137; and 49 CFR 1.53.
2. In Sec. 192.3, add the following definitions for ``Active
corrosion'', ``Electrical survey'', and ``Pipeline environment'' in
appropriate alphabetical order as follows:
Sec. 192.3 Definitions.
* * * * *
Active corrosion means continuing corrosion that, unless
controlled, could result in a condition that is detrimental to public
safety.
* * * * *
Electrical survey means a series of closely spaced pipe-to-soil
readings over a pipeline which are subsequently analyzed to identify
locations where a corrosive current is leaving the pipeline.
* * * * *
Pipeline environment includes soil resistivity (high or low), soil
moisture (wet or dry), soil contaminants that may promote corrosive
activity, and other known conditions that could affect the probability
of active corrosion.
* * * * *
3. In Sec. 192.7, revise paragraph (c)(2) to read as follows:
Sec. 192.7 What documents are incorporated by reference partly or
wholly in this part?
* * * * *
(c) * * *
(2) Documents incorporated by reference.
------------------------------------------------------------------------
Source and name of referenced
material 49 CFR reference
------------------------------------------------------------------------
A. Pipeline Research Council
International (PRCI):
(1) AGA Pipeline Research Sec. Sec. 192.933(a)(1);
Committee, Project PR-3-805, 192.933(d)(1)(i); 192.485(c).
``A Modified Criterion for
Evaluating the Remaining
Strength of Corroded Pipe,''
(December 22, 1989). The
RSTRENG program may be used
for calculating remaining
strength.
B. American Petroleum Institute
(API):
(1) ANSI/API Specification 5L/ Sec. Sec. 192.55(e); 192.113;
ISO 3183, ``Specification for Item I of Appendix B.
Line Pipe'' (44th edition,
2007), Includes Errata and
Addendum (2009).
(2) API Recommended Practice Sec. 192.65(a).
5L1, ``Recommended Practice
for Railroad Transportation of
Line Pipe'' (6th edition,
2002).
(3) API Recommended Practice Sec. 192.65(b).
5LW, ``Recommended Practice
for ``Transportation of Line
Pipe on Barges and Marine
Vessels'' (2nd edition, 1996).
(4) API Specification 6D/ISO Sec. 192.145(a)
14313, ``Pipeline Valves''
(23rd edition and errata 1, 2
and 3, (2009).
[[Page 36146]]
(5) API Recommended Practice Sec. Sec. 192.8(a); 192.8(a)(1);
80, ``Guidelines for the 192.8(a)(2); 192.8(a)(3);
Definition of Onshore Gas 192.8(a)(4).192.8(a); 192.8(a)(1);
Gathering Lines,'' (1st 192.8(a)(2); 192.8(a)(3);
edition, April 2000). 192.8(a)(4).
(6) API 1104, ``Welding of Sec. Sec. 192.225; 192.227(a);
Pipelines and Related 192.229(c)(1);
Facilities'' (20th edition, 192.241(c); Item II, Appendix B.
Errata/Addendum, (2007) and
Errata 2 (2008)).
(7) API Recommended Practice Sec. Sec. 192.616(a);
1162, ``Public Awareness 192.616(b); 192.616(c).
Programs for Pipeline
Operators'' (1st edition,
December 2003).
C. American Society for Testing and
Materials (ASTM):
(1) ASTM A53/A53M-07, (2007), Sec. Sec. 192.113; Item I,
``Standard Specification for Appendix B.
Pipe, Steel, Black and Hot-
Dipped, Zinc-Coated, Welded
and Seamless.''.
(2) ASTM A106/A106M-08, (2008), Sec. Sec. 192.113; Item I,
``Standard Specification for Appendix B.
Seamless Carbon Steel Pipe for
High-Temperature Service''.
(3) ASTM A333/A333M-05 (2005) Sec. Sec. 192.113; Item I,
``Standard Specification for Appendix B.
Seamless and Welded Steel Pipe
for Low-Temperature Service''.
(4) ASTM A372/A372M-03 (2008), Sec. 192.177(b)(1).
``Standard Specification for
Carbon and Alloy Steel
Forgings for Thin-Walled
Pressure Vessels''.
(5) ASTM A381-96 (Reapproved Sec. Sec. 192.113; Item I,
2005), ``Standard Appendix B.
Specification for Metal-Arc
Welded Steel Pipe for Use With
High-Pressure Transmission
Systems''.
(6) ASTM A671-06, (2006), Sec. Sec. 192.113; Item I,
``Standard Specification for Appendix B.
Electric-Fusion-Welded Steel
Pipe for Atmospheric and Lower
Temperatures''.
(7) ASTM A672-08, (2008), Sec. Sec. 192.113; Item I,
``Standard Specification for Appendix B.
Electric-Fusion-Welded Steel
Pipe for High-Pressure Service
at Moderate Temperatures''.
(8) ASTM A691-98 (Reapproved Sec. Sec. 192.113; Item I,
2007), ``Standard Appendix B.
Specification for Carbon and
Alloy Steel Pipe, Electric-
Fusion-Welded for High-
Pressure Service at High
Temperatures''.
(9) ASTM D638-03, ``Standard Sec. Sec. 192.283(a)(3);
Test Method for Tensile 192.283(b)(1).
Properties of Plastics''.
(10) ASTM D2513-87, ``Standard Sec. 192.63(a)(1).
Specification for
Thermoplastic Gas Pressure
Pipe, Tubing, and Fittings''.
(11) ASTM D2513-99, ``Standard Sec. Sec. 192.191(b);
Specification for 192.281(b)(2); 192.283(a)(1)(i);
Thermoplastic Gas Pressure Item 1, Appendix B.
Pipe, Tubing, and Fittings''.
(12) ASTM D2517-00, ``Standard Sec. Sec. 192.191(a);
Specification for Reinforced 192.281(d)(1); 192.283(a)(1)(ii);
Epoxy Resin Gas Pressure Pipe Item I,
and Fittings''. Appendix B.
(13) ASTM F1055-1998, Sec. 192.283(a)(1)(iii).
``Standard Specification for
Electrofusion type
Polyethylene Fittings for
Outside Diameter Controller
Polyethylene Pipe and Tubing''.
D. ASME International (ASME):
(1) ANSI/ASME B16.1-2005, Gray Sec. 192.147(c).
Iron Pipe Flanges and Flanged
Fittings: Classes 25, 125, and
250.
(2) ANSI/ASME B16.5-2003, Sec. Sec. 192.147(a); 192.279.
``Pipe Flanges and Flanged
Fittings 1998''.
(3) ANSI/ASME B31G-1991 Sec. Sec. 192.485(c);
(Reaffirmed; 2004), ``Manual 192.933(a).
for Determining the Remaining
Strength of Corroded
Pipelines''.
(4) ANSI/ASME B31.8-2007, Sec. 192.619(a)(1)(i).
(November 2007), ``Gas
Transmission and Distribution
Piping Systems''.
(5) ANSI/ASME B31.8S-2004, Sec. Sec. 192.903(c);
``Supplement to B31.8 on 192.907(b); 192.911, Introductory
Managing System Integrity of text; 192.911(i); 192.911(k);
Gas Pipelines''. 192.911(l); 192.911(m); 192.913(a)
Introductory text; 192.913(b)(1);
192.917(a) Introductory text;
192.917(b); 192.917(c);
192.917(e)(1); 192.917(e)(4);
192.921(a)(1); 192.923(b)(1);
192.923(b)(2); 192.923(b)(3);
192.925(b) Introductory text;
102.925(b)(1); 192.925(b)(2);
192.925(b)(3); 192.925(b)(4);
192.927(b); 192.927(c)(1)(i);
192.929(b)(1); 192.929(b)(2);
192.933(a); 192.933(d)(1);
192.933(d)(1)(i); 192.935(a);
192.935(b)(1)(iv); 192.937(c)(1);
192.939(a)(1)(i);
192.939(a)(1)(ii); 192.939(a)(3);
192.945(a).
(6) ASME Boiler and Pressure Sec. 192.153(b).
Vessel Code, Section I,
``Rules for Construction of
Power Boilers'' (2007 edition).
(7) ASME Boiler and Pressure Sec. Sec. 192.153(a);
Vessel Code, Section VIII, 192.153(b); 192.153(d);
Division 1, ``Rules for 192.165(b)(3).
Construction of Pressure
Vessels'' (2007 edition).
(8) ASME Boiler and Pressure Sec. Sec. 192.153(b);
Vessel Code, Section VIII, 192.165(b)(3).
Division 2, ``Rules for
Construction of Pressure
Vessels'' (2007 edition).
(9) ASME Boiler and Pressure Sec. Sec. 192.227(a); Item II,
Vessel Code, Section IX, Appendix B.
``Welding and Brazing
Qualifications'' (2007
edition).
E. Manufacturers Standardization
Society of the Valve and Fittings
Industry, Inc. (MSS):
(1) MSS SP-44-2006 ``Steel Pipe Sec. 192.147(a).
Line Flanges''.
(2) [Reserved]................. ...................................
F. National Fire Protection
Association (NFPA):
(1) NFPA 30 (2008), ``Flammable Sec. 192.735(b).
and Combustible Liquids Code''.
(2) NFPA 58 (2004), ``Liquefied Sec. Sec. 192.11(a); 192.11(b);
Petroleum Gas Code (LP-Gas 192.11(c).
Code)''.
[[Page 36147]]
(3) NFPA 59 (2004), ``Utility Sec. Sec. 192.11(a); 192.11(b);
LP-Gas Plant Code''. 192.11(c).
(4) NFPA 70 (2008), ``National Sec. Sec. 192.163(e);
Electrical Code''. 192.189(c).
G. Plastics Pipe Institute, Inc.
(PPI):
(1) PPI TR-3/2008 (2008), Sec. 192.121.
``Policies and Procedures for
Developing.
Hydrostatic Design Basis (HDB),
Pressure Design Basis (PDB),
Strength Design Basis (SDB),
and Minimum Required Strength
(MRS) Ratings for
Thermoplastic Piping Materials
or Pipe''.
H. NACE International (NACE):
(1) NACE Standard SP0502-2008, Sec. Sec. 192.923(b)(1);
``Pipeline External Corrosion 192.925(b) Introductory text;
Direct Assessment 192.925(b)(1); 192.925(b)(1)(ii);
Methodology''. 192.925(b)(2) Introductory text;
192.925(b)(3) Introductory text;
192.925(b)(3)(ii); 192.925(b)(iv);
192.925(b)(4) Introductory text;
192.925(b)(4)(ii); 192.931(d);
192.935(b)(1)(iv); 192.939(a)(2).
I. Gas Technology Institute (GTI):
(1) GRI 02/0057 (2002), Sec. 192.927(c)(2).
``Internal Corrosion Direct
Assessment of Gas Transmission
Pipelines Methodology''.
------------------------------------------------------------------------
4. In Sec. 192.11, revise paragraph (c) to read as follows:
Sec. 192.11 Petroleum gas systems.
* * * * *
(c) If there is a conflict between this part and NFPA 58 or NFPA
59, this part prevails.
5. Section 192.65 is revised to read as follows:
Sec. 192.65 Transportation of pipe.
(a) Railroad. In a pipeline to be operated at a hoop stress of 20
percent or more of SMYS, an operator may not use pipe having an outer
diameter to wall thickness ratio of 70 to 1, or more, that is
transported by railroad unless:
(1) The transportation is performed in accordance with API RP 5L1
(incorporated by reference, see Sec. 192.3).
(2) In the case of pipe transported before November 12, 1970, the
pipe is tested in accordance with Subpart J of this part to at least
1.25 times the maximum allowable operating pressure if it is to be
installed in a class 1 location and to at least 1.5 times the maximum
allowable operating pressure if it is to be installed in a class 2, 3,
or 4 location. Notwithstanding any shorter time period permitted under
Subpart J of this part, the test pressure must be maintained for at
least 8 hours.
(b) Ship or barge. In a pipeline to be operated at a hoop stress of
20 percent or more of SMYS, an operator may not use pipe having an
outer diameter to wall thickness ratio of 70 to 1, or more, that is
transported by ship or barge on both inland and marine waterways unless
the transportation is performed in accordance with API RP 5LW.
Sec. 192.121 [Amended]
6. In Sec. 192.121, under ``S='', remove the term ``PPI TR-3/
2004'' and add, in its place, the term ``PPI TR-3/2008''.
7. In Sec. 192.145, revise the first sentence in paragraph (d)
introductory text and paragraph (e) to read as follows:
Sec. 192.145 Valves.
* * * * *
(d) No valve having shell (body, bonnet, cover, and/or end flange)
components made of ductile iron may be used at pressures exceeding 80
percent of the pressure ratings for comparable steel valves at their
listed temperature. * * *
* * * * *
(e) No valve having shell (body, bonnet, cover, and/or end flange)
components made of cast iron, malleable iron, or ductile iron may be
used in the gas pipe components of compressor stations.
8. In Sec. 192.465, revise paragraph (e) to read as follows:
Sec. 192.465 External corrosion control: Monitoring.
* * * * *
(e) After the initial evaluation required by Sec. Sec. 192.455(b)
and (c) and 192.457(b), each operator must, not less than every 3 years
at intervals not exceeding 39 months, reevaluate its unprotected
pipelines and cathodically protect them in accordance with this subpart
in areas in which active corrosion is found. The operator must
determine the areas of active corrosion by electrical survey. However,
on distribution lines and where an electrical survey is impractical on
transmission lines, areas of active corrosion may be determined by
other means that include review and analysis of leak repair and
inspection records, corrosion monitoring records, exposed pipe
inspection records, and the pipeline environment.
9. In Sec. 192.557, revise paragraph (c) to read as follows:
Sec. 192.557 Uprating: Steel pipelines to a pressure that will
produce a hoop stress less than 30 percent of SMYS: plastic, cast iron,
and ductile iron pipelines.
* * * * *
(c) Notwithstanding the requirements of Sec. 192.619(a)(2), and
after complying with paragraph (b) of this section, the increase in
maximum allowable operating pressure (MAOP) must be made in increments
that are equal to 10 psig (69 kPa) or 25 percent of the total pressure
increase, whichever produces the fewer number of increments. Whenever
the requirements of paragraph (b)(6) of this section apply, there must
be at least two approximately equal incremental increases.
* * * * *
10. Section 192.711 is revised to read as follows:
Sec. 192.711 Transmission lines: General requirements for repair
procedures.
(a) Temporary repairs. Each operator must take immediate temporary
measures to protect the public whenever:
(1) A leak, imperfection, or damage that impairs its serviceability
is found in a segment of steel transmission line operating at or above
40 percent of the SMYS; and
(2) It is not feasible to make a permanent repair at the time of
discovery.
(b) Permanent repairs. An operator must make permanent repairs on
its pipeline system according to the following:
(1) Non integrity management repairs: The operator must make
permanent repairs as soon as feasible.
(2) Integrity management repairs: When an operator discovers a
condition
[[Page 36148]]
on a pipeline covered under Subpart O-Gas Transmission Pipeline
Integrity Management, the operator must remediate the condition as
prescribed by Sec. 192.933(d).
(c) Welded patch. Except as provided in Sec. 192.717(b)(3), no
operator may use a welded patch as a means of repair.
Sec. Sec. 192.923, 192.925, 192.931, 192.935, and 192.939 [Amended]
11. In 49 CFR part 192 remove the terms ``NACE RP0502-2002'' or
``NACE RP 0502-2002''and add, in their place, the terms ``NACE SP0502-
2008'' in the following places:
a. Section 192.923(b)(1);
b. Section 192.925(b) Introductory text, (b)(1), (b)(1)(ii), (b)(2)
Introductory text, (b)(3) Introductory text, (b)(3)(ii), (b)(iv),
(b)(4) Introductory text, (b)(4)(ii);
c. Section 192.931(d);
d. Section 192.935(b)(1)(iv); and
e. Section 192.939(a)(2).
PART 193--LIQUEFIED NATURAL GAS FACILITIES: FEDERAL SAFETY
STANDARDS
12. The authority citation for part 193 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60103, 60104, 60108, 60109,
60110, 60113, 60118; and 49 CFR 1.53.
13. In Sec. 193.2013, revise paragraph (c), to read as follows:
Sec. 193.2013 Incorporation by reference.
* * * * *
(c) Documents incorporated by reference.
------------------------------------------------------------------------
Source and name of referenced
material 49 CFR reference
------------------------------------------------------------------------
A. American Gas Association (AGA):
(1) ``Purging Principles and Sec. Sec. 193.2513; 193.2517;
Practices'' (3rd edition, 193.2615.
2001).
B. American Petroleum Institute
(API):
(1) API 620 (2008), ``Design Sec. Sec. 193.2101(b);
and Construction of Large, 193.2321(b).
Welded, Low-Pressure Storage
Tanks'' (11th edition, 2008).
C. American Society of Civil
Engineers (ASCE):
(1) ASCE/SEI 7-05, ``Minimum Sec. 193.2067.
Design Loads for Buildings and
Other Structures'' (2005
edition).
D. ASME International (ASME):
(1) ASME Boiler and Pressure Sec. Sec. 193.2321; 193.2321.
Vessel Code, Section VIII,
Division 1, ``Rules for
Construction of Pressure
Vessels'' (2007 edition).
E. Gas Technology Institute (GTI)
formerly the Gas Research
Institute (GRI):
(1) GTI-04/0032, ``LNGFIRE: A Sec. 193.2057(a).
Thermal Radiation Model for
LNG Fires''.
(2) GTI-04/0049, ``LNG Vapor Sec. 193.2059.
Dispersion Prediction with the
DEGADIS Dense Gas Dispersion
Model'' (April 2004).
(3) GRI-96/0396.5, ``Evaluation Sec. 193.2059.
of Mitigation Methods for
Accidental LNG Releases,
Volume 5: Using FEM3A for LNG
Accident Consequence
Analyses'' (April 1997).
F. National Fire Protection
Association (NFPA):
(1) NFPA 59A, ``Standard for Sec. Sec. 193.2019; 193.2051;
the Production, Storage, and 193.2057; 193.2059; 193.2101(a);
Handling of Liquefied Natural 193.2301; 193.2303; 193.2401;
Gas (LNG)'' (2001 edition). 193.2521; 193.2639; 193.2801.
(2) NFPA 59A, ``Standard for Sec. Sec. 193.2101(b);
the Production, Storage, and 193.2321(b).
Handling of Liquefied Natural
Gas (LNG)'' (2006 edition).
------------------------------------------------------------------------
14. In Sec. 193.2057, revise paragraph (a) to read as follows:
Sec. 193.2057 Thermal radiation protection.
* * * * *
(a) The thermal radiation distances must be calculated using Gas
Technology Institute's (GTI) report or computer model GTI-04/0032
LNGFIRE3: A Thermal Radiation Model for LNG Fires (incorporated by
reference, see Sec. 193.2013). The use of other alternate models which
take into account the same physical factors and have been validated by
experimental test data may be permitted subject to the Administrator's
approval.
* * * * *
15. In Sec. 193.2067, revise paragraph (b)(1) to read as follows:
Sec. 193.2067 Wind forces.
* * * * *
(b) * * *
(1) For shop fabricated containers of LNG or other hazardous fluids
with a capacity of not more than 70,000 gallons, applicable wind load
data in ASCE/SEI 7-05 (incorporated by reference, see Sec. 193.2013).
* * * * *
16. Section 193.2101 is revised to read as follows:
Sec. 193.2101 Scope.
(a) Each LNG facility designed after March 31, 2000 must comply
with requirements of this part and of NFPA 59A (2001) (incorporated by
reference, see Sec. 193.2013). If there is a conflict between this
part and NFPA 59A, this part prevails. Unless otherwise specified, all
references to NFPA 59A in this part are to the 2001 edition.
(b) Stationary LNG storage tanks must comply with section 7.2.2 of
NFPA 59A (2006) (incorporated by reference, see Sec. 193.2013) for
seismic design of field fabricated tanks. All other LNG storage tanks
must comply with API 620 (2008) (incorporated by reference, see Sec.
193.2013) for seismic design.
17. Section 193.2321 is revised to read as follows:
Sec. 193.2321 Nondestructive tests.
(a) The butt welds in metal shells of storage tanks with internal
design pressure above 15 psig must be non-destructively examined in
accordance with the ASME Boiler and Pressure Vessel Code (Section VIII
Division 1) (incorporated by reference, see Sec. 193.2013), except
that 100 percent of welds that are both longitudinal (or meridional)
and circumferential (or latitudinal) of hydraulic load bearing shells
with curved surfaces that are subject to cryogenic temperatures must be
non-destructively examined in accordance with the ASME Boiler and
Pressure Vessel Code (Section VIII Division 1).
(b) For storage tanks with internal design pressures at 15 psig or
less,
[[Page 36149]]
ultrasonic examinations of welds on metal containers must comply with
the following:
(1) Section 7.3.1.2 of NFPA 59A (2006) (incorporated by reference,
see Sec. 193.2013);
(2) Appendices Q and C of API 620 (2008) (incorporated by
reference, see Sec. 193.2013);
(c) Ultrasonic examination records must be retained for the life of
the facility. If electronic records are kept, they must be retained in
a manner so that they cannot be altered by any means; and
(d) The ultrasonic equipment used in the examination of welds must
be calibrated at a frequency no longer than eight hours. Such
calibrations must verify the examination of welds against a calibration
standard. If the ultrasonic equipment is found to be out of
calibration, all previous weld inspections that are suspect must be
reexamined.
PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
18. The authority citation for part 195 continues to read as
follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60116,
60118 and 60137; and 49 CFR 1.53.
19. In Sec. 195.3, revise paragraph (c) to read as follows:
Sec. 195.3 Incorporation by reference.
* * * * *
(c) The full titles of publications incorporated by reference
wholly or partially in this part are as follows. Numbers in parentheses
indicate applicable editions:
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