Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments, 49996-50014 [2013-19348]

Download as PDF 49996 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules § 102–117.370 Should I have a Transportation Officer warrant to acquire transportation services using a rate tender? Yes, it is recommended that you have a written document, such as a warrant, issued by the head of your agency or his/her designee, which expressly allows you to acquire transportation services using approved non-FAR acquisition methods for specified transportation services and states dollar limit or range for the warrant authority. § 102–117.375 Are there instances where a Transportation Officer warrant is not necessary to acquire transportation services? Yes, a Transportation Officer warrant is not necessary to: (a) Ship packages through a contract under the GSA Schedules program, including any Blanket Purchase Agreement, as these are Federal Acquisition Regulation (FAR) based contracts; (b) Ship packages or other materials through any other FAR-based contract; or (c) Send items through the United States Postal Service. § 102–117.380 What should be contained in a Transportation Officer warrant to acquire transportation services? The warrant issued by the agency head or his/her designee should: (a) State that you have sufficient experience (any combination of Federal, public, or commercial) and/or training in transportation services that qualify you to acquire transportation; (b) List the limitations on the scope of your authority, including the maximum dollar limit and any other limits such as the types of services that you may acquire; (c) State the minimum requirements necessary to maintain the warrant; and (d) Include an expiration date for the warrant, recommended not to exceed three years from the date of issuance. § 102–117.385 Is there a standard format for a Transportation Officer warrant? mstockstill on DSK4VPTVN1PROD with PROPOSALS No. GSA can provide your agency with a suggested format; agencies can model the transportation officer warrant after the contracting officer warrant; or agencies may establish their own format. § 102–117.390 What training and/or experience is recommended for my agency to warrant me to acquire transportation services? (a) Your agency should establish training and/or experience requirements to qualify you for a Transportation Officer warrant. The following are suggested baseline training and/or experience requirements: VerDate Mar<15>2010 17:50 Aug 15, 2013 Jkt 229001 (1) For a Basic (Level 1) Transportation Officer Warrant: (i) Twenty-four (24) hours of training in Federal civilian transportation; or (ii) Two years of Federal, public, or commercial experience in acquiring transportation through rate tenders. (2) For an Experienced (Level 2) Transportation Officer Warrant: (i) Thirty-two (32) hours of training in transportation, including 20 hours of training in Federal civilian transportation; or (ii) Three years of Federal, public, or commercial experience in acquiring transportation through rate tenders. (3) For a Senior (Level 3) Transportation Officer Warrant: (i) Sixty (60) hours of training in transportation, including 40 hours of training in Federal civilian transportation; or (ii) Five years of Federal, public, or commercial experience in acquiring transportation through rate tenders. (b) GSA created an online eLearning Transportation Officer training site hosted by the U.S. Office of Personnel Management. The training courses provide a standard Governmentwide body of transportation knowledge. This web-based eLearning site is available at https:// transportationofficer.golearnportal.org/ and is available to all Federal agencies. § 102–117.395 Should I continue my training to maintain my warrant? Yes, you should continue your training. Your agency will determine the continuing education requirements that apply specifically to your warrant. It is recommended that at least 12 hours of transportation training per year be completed in order to maintain a Transportation Officer warrant. § 102–117.400 How should my warrant be documented and maintained? The head of your agency or his/her designee should state, in writing, that you have the recommended training or experience suggested by § 102–117.390. You should retain a copy of this Transportation Officer warrant. Agency heads or their designees may amend, suspend, or terminate warrants in accordance with agency policies and/or procedures. § 102–117.405 Are there dollar limits on transportation service acquisitions? Yes, a limitation on the dollar amount you may acquire using your transportation officer warrant should be established by your agency and should be stated in your warrant. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 § 102–117.410 Is a Transportation Officer liable for his/her actions? For information regarding liabilities, see 41 CFR 102–118.350 through 102– 118.370, as applicable, if the Transportation Officer is also the certifying official and/or the disbursing official. [FR Doc. 2013–19948 Filed 8–15–13; 8:45 am] BILLING CODE 6820–14–P DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 192, 193, 195, and 199 [Docket No. PHMSA–2011–0337] RIN 2137–AE85 Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: PHMSA is proposing to amend the pipeline safety regulations to incorporate by reference (IBR) all or parts of new, updated, or reaffirmed editions of voluntary consensus standards that are available on the Internet, free-of-charge, to the public. PHMSA is also proposing to make nonsubstantive edits and to clarify regulatory language in certain provisions. These proposed changes are relatively minor, and would not require pipeline operators to undertake any significant new pipeline safety initiatives. DATES: Submit comments on the subject of this NPRM on or before October 15, 2013. ADDRESSES: You may submit comments, identified by docket ID PHMSA–2011– 0337, 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 (DOT), 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, SUMMARY: E:\FR\FM\16AUP1.SGM 16AUP1 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules 1200 New Jersey Avenue SE., between 9:00 a.m. and 5:00 p.m. EST, Monday through Friday, except Federal holidays. Fax: 202–493–2251. Instructions: Identify the docket ID, PHMSA–2011–0337, 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, etc.). 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 email at mike.israni@dot.gov. Regulatory Information: Cheryl Whetsel by phone at (202) 366–4431 or by email at cheryl.whetsel@dot.gov. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with PROPOSALS I. Background The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104–113; March 7, 1996) directs Federal agencies to use voluntary consensus standards and design specifications developed by voluntary consensus standard bodies instead of governmentdeveloped voluntary technical standards, when applicable. The Office of Management and Budget (OMB) Circular A–119: ‘‘Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities’’ sets the policy for Federal use and development of voluntary consensus standards. As defined in OMB Circular A–119, voluntary consensus standards are technical standards developed or adopted by organizations, both domestic VerDate Mar<15>2010 17:50 Aug 15, 2013 Jkt 229001 and international. These organizations use agreed upon procedures to update and revise their published standards every three to five years to reflect modern technology and best technical practices. The legal effect of incorporation by reference is that the material is treated as if it were published in the Federal Register and Code of Federal Regulations (CFR). This material, like any other properly issued rule, has the force and effect of law. Congress authorized incorporated by reference to reduce the volume of material published in the Federal Register and CFR. (See 5 U.S.C. 552(a) and 1 CFR Part 51.). Congress granted authority to the Director of the Federal Register to determine whether a proposed incorporation by reference serves the public interest. There are 64 standards and specifications incorporated by reference in 49 CFR part 192, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards; 49 CFR part 193, Liquefied Natural Gas Facilities: Federal Safety Standards; and 49 CFR part 195, Transportation of Hazardous Liquids by Pipeline. PHMSA regularly reviews updates to currently referenced consensus standards as well as new editions to ensure that the content remains consistent with the intent of the pipeline safety regulations. PHMSA employees participate in more than 25 national voluntary consensus standardssetting organizations that address pipeline design, construction, maintenance, inspection, and repair. As representatives of the agency, these subject matter experts actively participate in discussions and technical debates, register opinions and vote in accordance with the procedures of the standards body at each stage of the standards development process (unless prohibited from doing so by law). However, it is important to note that agency participation does not necessarily constitute agency agreement with, or endorsement of, decisions reached by such organizations. PHMSA has the ultimate responsibility to ensure public safety and will only adopt those portions of standards into the Federal regulations that meet the agency’s directive(s) to ensure the best interests of public safety are served. Agency participation in the development of voluntary consensus standards is important to eliminate the necessity for development or maintenance of separate government-unique standards; to further national goals and objectives such as increased use of environmentally sound and energy efficient materials, products, PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 49997 systems, services, or practices; and to improve public safety. New or updated standards often further innovation and increase the use of new technologies, materials, and management practices that improve the safety and operations of pipelines and pipeline facilities. Section 24 of the ‘‘Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011’’ (Pub. L. 112–90, January 3, 2012), amended 49 U.S.C. 60102 by adding a new requirement on documents incorporated by reference after January 3, 2013. The law states, ‘‘Beginning 1 year after the date of enactment of this subsection, the Secretary may not issue guidance or a regulation pursuant to this chapter that incorporates by reference any documents or portions thereof unless the documents or portions thereof are made available to the public, free of charge, on an Internet Web site.’’ To meet this requirement, PHMSA negotiated agreements with the majority of the standards-setting organizations with documents incorporated by reference in the pipeline safety regulations. These organizations are: —American Petroleum Institute (API). —American Gas Association (AGA). —American Society for Testing and Materials (ASTM). —Gas Technology Institute (GTI). —Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS). —NACE International (NACE). —National Fire Protection Association (NFPA). Each of the organizations’ mailing addresses and Web sites are listed in Parts 192, 193, and 195. In this NPRM, PHMSA has identified two new standards (one to be partially incorporated) and 21 updated editions of currently referenced standards to incorporate in Parts 192, 193, and 195. PHMSA also is proposing miscellaneous edits to the pipeline safety regulations, including removing § 199.111 because the requirements in that section are adequately covered by 49 CFR part 40. Previous updates to incorporate industry standards by reference were published on August 11, 2010, (75 FR 48593), February 1, 2007, (72 FR 4657), June 9, 2006, (71 FR 33402), June 14, 2004, (69 FR 32886), February 17, 1998, (63 FR 7721), June 6, 1996, (61 FR 2877) and May 24, 1996, (61 FR 26121). II. New Standards To Be Incorporated by Reference (Fully or Partially) API Recommended Practice 5LT PHMSA is proposing to adopt API Recommended Practice 5LT, ‘‘Recommended Practice for Truck E:\FR\FM\16AUP1.SGM 16AUP1 49998 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS Transportation of Line Pipe,’’ (First edition, March 1, 2012) to address the National Transportation Safety Board’s (NTSB) Recommendation P–04–03. During its investigation of a July 2002 pipeline incident, the NTSB determined that the probable cause of the pipeline rupture was inadequate loading of the pipe for transportation that allowed a fatigue crack to initiate along the seam of the longitudinal weld during transit. NTSB recommended that PHMSA revise its regulations to require that the transportation of all pipe be subject to API standards. In a final rule published on August 11, 2010, titled, ‘‘Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Edits,’’ (Docket No. PHMSA–2008–0301, (75 FR 48593)), PHMSA incorporated by reference the, ‘‘Recommended Practice for Railroad Transportation of Line Pipe,’’ API RP 5L1, as rail transportation has generally been considered to be the most likely source of transit fatigue cracking. At the same time, PHMSA and the API formed a working group to evaluate the need for a truck transportation standard to prevent damage to pipe as recommended by NTSB. A standard was drafted and published in March 2012. Thus, PHMSA is proposing to incorporate by reference this new standard as follows: —API ‘‘Recommended Practice for Truck Transportation of Line Pipe’’ (First edition) (March 1, 2012). (API RP 5LT). —Referenced in § 192.65 and § 195.207. ASTM D 2513–09a PHMSA is proposing to incorporate by reference ASTM D2513–09a, ‘‘Standard Specification for Polyethylene (PE) Gas Pressure Pipe, Tubing, and Fittings,’’ for PE materials, except for section 4.2 which addresses rework material. Section 4.2 states: ‘‘Clean rework material of the same commercial designation, generated from the manufacturer’s own pipe and fitting production shall not be used unless the pipe and fitting produced meets all the requirements of this specification. The use of these rework materials shall be governed by the requirements of section 4.3 and PPI Technical Note (TN)–30/ 2006.’’ In PE pipe, ‘‘rework materials shall be limited to a maximum of 30% by weight.’’ The main steps of PE pipe manufacturing include an extrusion process where raw material (usually supplied in the form of pellets) is heated, melted, mixed and conveyed into a die and shaped into a pipe. Rework (also known as regrind) is a process by which plastic pipe that does not fall within acceptable specifications VerDate Mar<15>2010 17:50 Aug 15, 2013 Jkt 229001 following the extrusion process can be reused if it meets certain requirements. Such requirements include reducing the size of the material through appropriate stages (i.e., regrinding the material) and avoiding introducing contamination. The end goal is for the material to have an equivalent cleanliness and size to the virgin material prior to going back through the extrusion process. Additional requirements are discussed in PPI TN–30/2006, ‘‘Requirements for the Use of Rework Materials in Manufacturing of Polyethylene Gas Pipe’’ available publicly at https:// www.plasticpipe.org/pdf/tn-30_rework_ materials_in_pe_gas_pipe.pdf. Even after taking into account the requirements in PPI TN–30/2006, PHMSA is concerned that there is too much potential for contamination to be introduced during the rework process. In the interest of pipeline safety and to ensure the integrity of this type of pipe, it seems prudent not to allow any reworked pipe, let alone up to a maximum of 30% by weight as specified in ASTM D2513–09a. PHMSA sees no reason for allowing the use of reworked material and cannot be certain its use would provide an equivalent or better level of safety. For additional technical basis, PHMSA is inviting comments on prohibiting rework materials, as well as potential alternatives for limiting the use of rework materials. For example, one alternative might be to establish limits on the use of rework materials by pipe diameter (e.g., no rework material is allowed for pipe two inches Iron Pipe Size (IPS) and below in diameter and the requirements in ASTM D2513–09a, section 4.2 would be acceptable for pipe larger than two inches IPS in diameter). Another alternative might be to allow rework material as required by ASTM D2513–09a, section 4.2, in which case ASTM D2513–09a could possibly be incorporated in whole. PHMSA is not aware of a specific root cause or technical analyses that would indicate rework (including up to 30%) as a contributing factor in incidents. At the same time, PHMSA is not aware of specific information that discounts rework as a risk. PHMSA is, however, aware that some operators do not allow any rework material. PHMSA is also aware that there is a work item through the ASTM F17.60 committee considering an amendment to ASTM D– 2513 that would prohibit rework completely. With respect to a limitation by diameter, once again, PHMSA does not have firm evidence that two inches is a specific and critical threshold for rework. Smaller diameter pipe (two- PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 inch IPS and less), however, has proven to be more susceptible to past material issues due to typically having a thinner wall. Also, this smaller diameter pipe is often in closer proximity to the customer as it is used as service line piping leading up to end users of natural gas, increasing the potential impact if an incident were to occur. It should be noted that ASTM D2513– 09a is exclusively a PE standard, while the 1999 version addresses other nonmetallic piping materials. PHMSA proposes for other non-PE plastic materials to continue to reference the ASTM D2513–87 (for § 192.63 only, marking of materials) and ASTM D2513–99 (except section 4.2 pertaining to rework material) for §§ 192.59 (d); 192.191(b); 192.281(b)(2); 192.283(a)(1)(i); and Item 1, Appendix B to Part 192). PHMSA believes the incorporation of ASTM D 2513–09a, along with retention of ASTM D2513–87 and 99 is consistent with the petitions for rulemaking received from the the Gas Piping Technology Committee (GPTC) and the American Gas Association. GPTC petitioned PHMSA to adopt ASTM D2513–09a because of significant changes made to ASTM D2513 in the past 10 years. These changes include a new requirement for outdoor storage of PE pipe—three years for yellow pipe and 10 years for black pipe; new high performance PE pipe material designation codes, with increased longterm performance requirements; and more stringent requirements for use of rework material in PE gas pipe. AGA’s September 9, 2009 petition requested that PHMSA incorporate by reference the part of ASTM D2513 (2009) addressing color and UV stablizer (Section A1.3.5). PHMSA agrees that the new standard will improve safety, longterm performance, and quality of PE gas distribution pipe. Therefore, PHMSA is proposing to IBR ASTM D 2513–09a as referenced below and will continue to reference the 1987 and 1999 editions discussed above. —ASTM D2513–09a, ‘‘Standard Specification for Polyethylene (PE) Gas Pressure Pipe, Tubing, and Fittings,’’ (December 1, 2009), (except section 4.2 pertaining to rework material) (ASTM D2513). —Referenced in §§ 192.59 (d); 192.63 (a); 192.123 (e); 192.191 (b); 192.281 (b); 192.283 (a); Item 1, Appendix B to Part 192. E:\FR\FM\16AUP1.SGM 16AUP1 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules III. Standards With Updated Editions Not To Be Incorporated by Reference PHMSA is not proposing to incorporate the updated editions of the following documents at this time: American Petroleum Institute PHMSA is not proposing to incorporate by reference the second edition of the API Recommended Practice (RP) 1162. PHMSA and the state pipeline authorities conducted public awareness effectiveness inspections to assess compliance with Federal regulations that incorporate the first edition of API RP 1162. These were completed in December 2012. Additionally, PHMSA held a public awareness workshop in June 2013 to discuss ways to improve public awareness programs and whether or not to incorporate the second edition of this standard. PHMSA is analyzing the results of the inspections and workshop and will make a determination whether or not to incorporate the second edition at a later date. Therefore, at this time, PHMSA will continue to incorporate the first edition of API RP 1162. The reference for API RP 1162 will remain as follows: —API Recommended Practice 1162, ‘‘Public Awareness Programs for Pipeline Operators,’’ (1st edition, December 2003) (API RP 1162). —Referenced in § 192.616 (a), (b), (c). mstockstill on DSK4VPTVN1PROD with PROPOSALS API Standard 653 PHMSA is not proposing to incorporate by reference API Standard 653, (4th edition) and Addendum (2010) at this time. PHMSA will continue to review this document for consideration in a future update. Rather, PHMSA is proposing to continue to incorporate the third edition of API Standard 653, ‘‘Tank Inspection, Repair, Alteration, and Reconstruction’’ (3rd edition, 2001), except section 6.4.3. PHMSA is proposing to eliminate the incorporation of section 6.4.3 as it applies to risk-based inspection (RBI) intervals (49 CFR 195.432). PHMSA believes API needs to eliminate the criteria stated in the risk-based option for the inspection interval of a breakout tank listed in API Standard 653. An alternate inspection interval based on a risk-based algorithm generally uses a standardized set of factors. These factors are weighted to calculate the risk of failure with a longer inspection interval. Section 6.4.3 of API Standard 653 (3rd edition) provides no standardized methodology for calculating or determining an alternate inspection interval nor does it provide for a minimum bottom plate thickness in the VerDate Mar<15>2010 17:50 Aug 15, 2013 Jkt 229001 tank. This thickness is determined as part of the RBI analysis and could conceivably be set at a thickness where leakage may be eminent. Without proper guidance for using an alternate RBI, PHMSA believes that this would not be consistent with safety. Therefore, PHMSA will no longer incorporate section 6.4.3 of API Standard 653 (3rd edition, 2001). The reference to API Standard 653 in the pipeline safety regulations will be changed as follows: —API Standard 653–2001, ‘‘Tank Inspection, Repair, Alteration, and Reconstruction’’ (3rd edition, 2001), (except section 6.4.3) (API Std 653). —Referenced in §§ 195.205 (b); 195.307 (d) and 195.432 (b). IV. New Editions to Currently Referenced Standards To Be Incorporated by Reference PHMSA proposes to IBR the following updated editions of currently-referenced standards in Parts 192, 193 and 195. American Petroleum Institute —API Recommended Practice 5L1, ‘‘Recommended Practice for Railroad Transportation of Line Pipe,’’ (7th Edition, September 2009). Replaces IBR: API Recommended Practice 5L1, ‘‘Recommended Practice for Railroad Transportation of Line Pipe,’’ (6th Edition, 2002); Referenced in 49 CFR 192.65; 195.207. —API Recommended Practice 5LW, ‘‘Transportation of Line Pipe on Barges and Marine Vessels,’’ (3rd edition, September 2009). Replaces IBR: API Recommended Practice 5LW, ‘‘Transportation of Line Pipe on Barges and Marine Vessels,’’ (2nd edition, December 1996, effective March 1, 1997); Referenced in 49 CFR 192.65; 195.207. —ANSI/API Specification 5L/ISO 3183, ‘‘Specification for Line Pipe,’’ ANSI/ API Specification 5L/ISO 3183 ‘‘Specification for Line Pipe’’ (45th edition, December 1, 2012). Replaces IBR: ANSI/API Specification 5L/ISO 3183, ‘‘Specification for Line Pipe,’’ (44th edition, 2007), includes errata (January 2009) and addendum (February 2009); Referenced in 192.55; 192.112; 192.113; and Item 1, Appendix B to Part 192; 195.106. —ANSI/API Specification 6D, ‘‘Specification for Pipeline Valves,’’ (23rd edition, April 1, 2008, effective October 1, 2008), includes Errata 1, 2, 3, 4, 5, and 6 (2011) and Addenda 1 and 2 (2011). PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 49999 Replaces IBR: ANSI/API Specification 6D, ‘‘Specification for Pipeline Valves,’’ (23rd edition (April 2008, effective October 1, 2008)) and errata 3 (includes 1 and 2, February 2009); Referenced in 49 CFR 192.145; 195.116. —API Specification 12F, ‘‘Specification for Shop Welded Tanks for Storage of Production Liquids,’’ (12th edition, October 2008, including errata 2008). Replaces IBR: API Specification 12F, ‘‘Specification for Shop Welded Tanks for Storage of Production Liquids,’’ (11th edition, November 1, 1994, reaffirmed 2000, errata, February 2007); Referenced in 49 CFR 195.132; 195.205; 195.264; 195.307; 195.565; 195.579. —API Standard 620, ‘‘Design and Construction of Large, Welded, LowPressure Storage Tanks’’ (11th edition, February 2008, addendum 1, March 2009), and addendum 2 (2010). Replaces IBR: API Standard 620, ‘‘Design and Construction of Large, Welded, Low-Pressure Storage Tanks,’’ (11th edition, February 2008, addendum 1 March 2009); Referenced in 49 CFR 193.2101; 193.2321; 195.132; 195.205; 195.264; 195.307; 195.565; 195.620. —API Standard 650, ‘‘Welded Steel Tanks for Oil Storage’’ (11th edition, June 2007), includes addendum 1 (November 2008), addendum 2 (November 2009), addendum 3 (August 2011), and errata (February 2012). Replaces IBR: API Standard 650, ‘‘Welded Steel Tanks for Oil Storage,’’ (11th edition, June 2007), addendum 1, November 2008, and addendum 2 (2009); Referenced in 49 CFR 195.132; 195.205; 195.264; 195.307; 195.565; 195.579. —API Standard 2000, ‘‘Venting Atmospheric and Low-Pressure Storage Tanks Non-Refrigerated and Refrigerated,’’ (6th edition, November 2009). Replaces IBR: API Standard 2000, ‘‘Venting Atmospheric and LowPressure Storage Tanks NonRefrigerated and Refrigerated,’’ (5th edition, April 1998, errata, November 1999); Referenced in 49 CFR 195.264. American Society for Testing and Materials (ASTM) —ASTM A53/A53M–10, ‘‘Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless,’’ (October 2, 2010). Replaces IBR: ASTM A53/A53M–07, ‘‘Standard Specification for Pipe, Steel, E:\FR\FM\16AUP1.SGM 16AUP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 50000 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules Black and Hot-Dipped, Zinc-Coated Welded and Seamless,’’ (September 1, 2007); Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; and 195.106. —ASTM A106/A106M–10, ‘‘Standard Specification for Seamless Carbon Steel Pipe for High-Temperature Service,’’ (July 15, 2008). Replaces IBR: ASTM A106/A106M– 08, ‘‘Standard Specification for Seamless Carbon Steel Pipe for HighTemperature Service,’’ (July 15, 2008); Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; and 195.106. —ASTM A333/A333M–11 (2011), ‘‘Standard Specification for Seamless and Welded Steel Pipe for LowTemperature Service,’’ (April 1, 2011). Replaces IBR: ASTM A333/A 333M– 05, ‘‘Standard Specification for Seamless and Welded Steel Pipe for Low-Temperature Service;’’ (March 1, 2005); Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; and 195.106. —ASTM A372/A372M–10, (reapproved 2005), ‘‘Standard Specification for Carbon and Alloy Steel Forgings for Thin-Walled Pressure Vessels,’’ (October 1, 2010). Replaces IBR: ASTM A372/A372M– 03 (reapproved), ‘‘Standard Specification for Carbon and Alloy Steel Forgings for Thin-Walled Pressure Vessels,’’ (March 1, 2008); Referenced in 49 CFR 192.177. —ASTM A671/A671M–10, ‘‘Standard Specification for Electric-FusionWelded Steel Pipe for Atmospheric and Lower Temperatures,’’ (April 1, 2010). Replaces IBR: ASTM A671–06 (2006) ‘‘Standard Specification for ElectricFusion-Welded Steel Pipe for Atmospheric and Lower Temperatures,’’ (May 1, 2006); Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; and 195.106. —ASTM A672–09, ‘‘Standard Specification for Electric-FusionWelded Steel Pipe for High-Pressure Service at Moderate Temperatures,’’ (October 1, 2009). Replaces IBR: ASTM A672–08, ‘‘Standard Specification for ElectricFusion-Welded Steel Pipe for HighPressure Service at Moderate Temperatures,’’ (May 1, 2008); Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; 195.106. —ASTM A691–09, ‘‘Standard Specification for Carbon and Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure Service at High Temperatures,’’ (October 1, 2009). Replaces IBR: ASTM A691–98 (reapproved 2007), ‘‘Standard Specification for Carbon and Alloy Steel VerDate Mar<15>2010 17:50 Aug 15, 2013 Jkt 229001 Pipe, Electric-Fusion-Welded for HighPressure Service at High Temperatures,’’ (November 1, 2007); Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; and 195.106. Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS) —MSS SP–44–2010, Standard Practice, ‘‘Steel Pipeline Flanges,’’ (2010 edition). Replaces IBR: MSS SP–44–2006, Standard Practice, ‘‘Steel Pipeline Flanges,’’ (2006 edition); Referenced in 49 CFR 192.147. —MSS SP–75–2008, ‘‘Specification for High Test Wrought Butt Welding Fittings,’’ (2009 edition). Replaces IBR: MSS SP–75–2004, ‘‘Specification for High Test Wrought Butt Welding Fittings,’’ (2004 edition); Referenced in 49 CFR 195.118. NACE International (NACE) —NACE Standard SP0502–2010, Standard Practice, ‘‘Pipeline External Corrosion Direct Assessment Methodology,’’ (June 24, 2010). Replaces IBR: NACE SP0502–2008, Standard Practice, ‘‘Pipeline External Corrosion Direct Assessment Methodology,’’ (reaffirmed March 20, 2008); Referenced in 49 CFR 192.923; 192.925; 192.931; 192.935; 192.939; 195.588. National Fire Protection Association (NFPA) —NFPA–30 (Fire) (2012), ‘‘Flammable and Combustible Liquids Code,’’ includes Errata 1, Errata 2 (2012 edition, June 20, 2011). Replaces IBR: NFPA–30, ‘‘Flammable and Combustible Liquids Code,’’ (2008 edition, approved August 15, 2007); Referenced in 49 CFR 192.735; 195.264. —NFPA–70 (2011), ‘‘National Electrical Code,’’ includes Errata 1, Errata 2 (2011 edition, approved September 24, 2010). Replaces IBR: NFPA 70 (2008), ‘‘National Electrical Code,’’ (NEC 2008) (Approved August 15, 2007); Referenced in 49 CFR 192.163; 192.189. V. Public Availability of Standards All incorporated by reference documents are available for visual inspection at the following locations: —The U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety, 1200 New Jersey Avenue SE., Washington, DC, 20590–0001or any of PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 PHMSA’s five regional offices (addresses available at: https:// www.phmsa.dot.gov/pipeline/about/ org); —The National Archives and Records Administration (NARA), Office of the Federal Register (NF), 8601 Adelphi Road, College Park, MD 20740–6001. For information on the availability of this material at NARA, call 202–741– 6030 or go to: https:// www.archives.gov/federal-register/ code-of-federal-regulations/ibrlocations.html; and —The respective standards developing organizations (SDO) listed in Parts 192, 193, and 195. All the standards addressed in this NPRM are also available for free on the internet. Direct links to those SDO Web sites are be listed on the PHMSA Web site at: https://www.phmsa.dot.gov. VI. Clarifications, Corrections and Edits In this NPRM, PHMSA is also proposing non-substantive editorial amendments and clarifications to the pipeline safety regulations. Section 192.283(a)(1)(i) In § 192.283 (a)(1)(i), the language ‘‘or paragraph 8.9 (Sustained Static Pressure Test)’’ has been deleted as PHMSA believes the reference is an error. Paragraph 8.9 does not exist in ASTM D2513–99 nor does it appear in several other versions of this referenced standard. Staff researched several editions of ASTM D2513, the pipeline safety regulations, and Federal Register notices to determine if the paragraph may have been associated with a different standard but found no reference to paragraph 8.9. Furthermore, PHMSA is proposing to delete ‘‘-99’’ after ‘‘ASTM D2513’’ as this section would pertain to both PE and non-PE plastic. The resulting language would read ‘‘In the case of thermoplastic pipe, paragraph 6.6 (sustained pressure test) or paragraph 6.7 (minimum hydrostatic burst test) of ASTM D2513 (incorporated by reference, see § 192.7).’’ Section195.452 (l) Section 195.452(l) states that an operator must maintain certain records for review during an integrity management (IM) inspection. PHMSA is proposing to clarify this section by specifying that records for IM compliance must be maintained for the useful life of the pipe. Section 199.111 PHMSA is removing § 199.111 because the requirements conflict with 49 CFR Part 40 and create compliance E:\FR\FM\16AUP1.SGM 16AUP1 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS confusion. There is currently a conflict between § 199.111 and Part 40. In Part 40, it states that it is the medical review officer’s (MRO) responsibility to select the laboratory to which the split sample should be sent. However, § 199.111 allows the specimen donor (i.e., the covered employee), and not the MRO, to select the testing laboratory to which his/her split specimen should be sent for corroborating evaluation. Moreover, Part 40 requirements preclude testing the split specimen through the testing laboratory that evaluated the first specimen (i.e., Sample A). Conversely, § 199.111 allows utilizing the testing laboratory that tested the first specimen. This is not only contrary to Part 40 requirements, but also creates a compliance controversy for both the MRO and the operator as to which regulation to comply with. PHMSA must enforce both Part 199 and Part 40 requirements and therefore PHMSA proposes to eliminate § 199.111 in its entirety. Editorial Amendments PHMSA is proposing to change the ‘‘Centralized IBR sections’’ from the current table format to a listing. In addition, PHMSA is adding standard abbreviations for each of the titles incorporated by reference. The purpose of this change is to conform with guidance provided by the Federal Register for ‘‘Centralized IBR’’ sections, to apply a consistent use of terms throughout the regulations (e.g., to differentiate between a standard (Std), a specification (Spec), recommended practice (RP), or publication (Pub)), and to add the dates of certain editions where more than one is referenced. This will ensure that operators apply the correct versions of documents incorporated by reference and make electronic database searches, (e.g., in the Electronic Code of Regulations (e-cfr) https://www.ecfr.gov/cgi-bin/textidx?tpl=%2Findex.tpl) easier and more accurate. These proposed editorial changes include: —Adding abbreviated titles to the list of standards to be incorporated in §§ 192.7, 193.2013, and 195.3. —Revising current titles to abbreviated titles. —Correcting the reference to the Gas Technology Institute (GTI) research document (formerly the Gas Research Institute (GRI)) document number from GRI–89/0242 to GTI–04/0049. —Correcting the reference from the first edition to the third edition of API Standard 653, ‘‘Tank Inspection, Repair, Alteration, and Reconstruction.’’ VerDate Mar<15>2010 17:50 Aug 15, 2013 Jkt 229001 —Removing an incorrect reference to ASME Boiler & Pressure Code, Section VII, Division 2 in § 193.2321. —Inserting the year of certain standards where more than one edition may be applied. —Inserting the notation ‘‘Incorporated by Reference’’ in the regulation text, if not included previously. VII. Regulatory Analyses and Notices A. Summary/Legal Authority for This Rulemaking This NPRM is published under the authority of the Federal pipeline safety law (49 U.S.C. 60101 et seq.). Section 60102 authorizes the Secretary of Transportation to issue regulations governing design, installation, inspection, emergency plans and procedures, testing, construction, extension, operation, replacement, and maintenance of pipeline facilities. Further, Section 60102(l) of the Federal pipeline safety law states that the Secretary shall, to the extent appropriate and practicable, update incorporated industry standards adopted as a part of the Federal pipeline safety regulations. If adopted as proposed, this NPRM would IBR two new editions (one partially incorporated) and 21 updated standards of those currently referenced standards (wholly or in part). In addition, if adopted as proposed, this NPRM would make miscellaneous and editorial changes to the pipeline safety regulations. B. Executive Order 12866, Executive Order 13563, and DOT Regulatory Policies and Procedures This NPRM is not considered a significant regulatory action under section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was not subject to review by the Office of Management and Budget. This NPRM is also considered non-significant under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034). In accordance with the National Technology and Advancement Act of 1995 (‘‘the Act’’) and OMB Circular A– 119, ‘‘Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities,’’ PHMSA periodically reviews and updates the standards incorporated by reference to include new editions. In this NPRM, if adopted as proposed, we would incorporate two new standards API RP 5LT; partially incorporate ASTM D2513–09a (except section 4.2 pertaining to rework materials); and update 21 of those currently referenced PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 50001 standards and specifications in 49 CFR Parts 192, 193, and 195. The majority of these standards are created by national voluntary consensus standards developing organizations that address pipeline design, construction, maintenance, inspection, and repair. Others are developed by organizations using a consensus setting process to develop guidance in the form of standards, publications, and recommended practices. The government decreases the burden on the regulated industry by adopting consensus standards that provide the most current industry practices and guidance developed together with industry experts. This practice is consistent with the National Technology and Advancement Act of 1995 and the OMB policy directives. This practice also avoids the possibility of burdening industry with potentially conflicting regulations and industry practices. According to the annual reports submitted by pipeline operators to PHMSA, there are over 2,370 entities operating hazardous liquid, natural gas transmission, gathering, and distribution systems, and liquefied natural gas facilities as of December 31, 2011. The incorporation of these standards is not expected to have any additional cost of compliance to these entities, but is expected to encourage safer long-term growth for the pipeline industry by promoting efficiency and economic competition through harmonization of standards. PHMSA anticipates the proposals contained in this rule will enhance safety and reduce the compliance burden on the regulated industry. Industry standards developed and adopted by consensus generally are accepted and followed by the pipeline industry, thus assuring that the industry is not forced to comply with a number of different standards to accomplish the same safety goal. In addition to incorporating new and updating existing voluntary consensus standards, PHMSA is taking this opportunity to make non-substantive edits and to clarify regulatory language in certain provisions. Since these proposed editorial changes are regarded relatively minor, the NPRM would not require pipeline operators to undertake any significant new pipeline safety initiatives and would not have any cost implications, but would increase the clarity of the pipeline safety regulations, promoting improved compliance and safety of the nation’s pipeline systems. Executive Order 13563 is supplemental to and reaffirms the principles, structures, and definitions governing regulatory review that were E:\FR\FM\16AUP1.SGM 16AUP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 50002 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules established in Executive Order 12866 Regulatory Planning and Review of September 30, 1993. In addition, Executive Order 13563 specifically requires agencies to: (1) Involve the public in the regulatory process; (2) promote simplification and harmonization through interagency coordination; (3) identify and consider regulatory approaches that reduce burden and maintain flexibility; (4) ensure the objectivity of any scientific or technological information used to support regulatory action; and (5) consider how to best promote retrospective analysis to modify, streamline, expand, or repeal existing rules that are outmoded, ineffective, insufficient, or excessively burdensome. In this NPRM, PHMSA is involving the public in the regulatory process in a variety of ways. Specifically, PHMSA is addressing issues and errors that were identified and tagged for future rulemaking consideration in letters received by the regulated community and through meetings and other correspondence with stakeholders. PHMSA is asking for public comments based on the proposals in this NPRM. Upon receipt of public comment and confirmation of the standards availability to the public free of charge on the Internet, PHMSA will discuss with the members of its two advisory committees and then address all substantive comments in the next rulemaking action under this docket. The incorporation of the two new editions (one partially) and updates to 21 other standards promote simplification and harmonization through adoption of consensus standards developed by pipeline experts nationwide and internationally. For example, PHMSA is proposing to IBR a new standard, API Recommended Practice 5LT, ‘‘Recommended Practice for Truck Transportation of Line Pipe,’’ (First edition, March 1, 2012) to reduce the risk of a pipeline rupture from pipe that is inadequately loaded for transportation by truck. This standard will decrease the probability of fatigue cracking along the seam of the longitudinal weld during transit and thereby improving safety. This action also responds to an NTSB recommendation. In § 192.283, PHMSA is proposing to IBR ASTM D2513–09a, ‘‘Standard Specification for Polyethylene (PE) Gas Pressure Pipe, Tubing, and Fitting,’’ for PE materials (except section 4.2) to ensure correct marking of (PE) materials. PHMSA is also seeking public comment and additional information on the issue of reworked material (section 4.2) prior VerDate Mar<15>2010 17:50 Aug 15, 2013 Jkt 229001 to incorporating that section of the new standard. These standards, if adopted as proposed, are expected to produce a safety benefit derived from new requirements to safely transport pipe by truck and by improved marking specifications of PE pipe. There are minimal additional costs. The clarity will result in net benefits. C. Executive Order 13132 This NPRM was analyzed in accordance with the principles and criteria contained in Executive Order 13132 (‘‘Federalism’’). This NPRM 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. This NPRM would not impose substantial direct compliance costs on State and local governments nor will it preempt state law for intrastate pipelines. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply. D. Executive Order 13175 PHMSA has analyzed this NPRM according to Executive Order 13175 (‘‘Consultation and Coordination with Indian Tribal Governments’’). Because this NPRM 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. E. Regulatory Flexibility Act, Executive Order 13272 and DOT Procedures and Policies The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), requires an agency to review regulations to assess their impact on small entities unless the agency determines the rule is not expected to have a significant impact on a substantial number of small entities. This NPRM would ensure that pipeline operators are using the new or updated editions of technical standards incorporated by reference. In addition, this NPRM would improve the clarity of several requirements. There are over 2,300 operating entities submitting annual reports describing the physical and certain operating characteristics of hazardous liquid, natural gas transmission, gathering, and distribution systems, and liquefied natural gas facilities as of December 31, 2010. According to PHMSA data, Dun and Bradstreet identified about 600 active operating entities as a small PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 business (i.e., about 25% of the active operating entities may be classified as a small business). Codes and standards developed by technical committees are, for the most part, comprised of experts who represent the various facets of a given industry, such as manufacturers, installers, insurers, inspectors, end users, distributors, and regulatory agencies. Participants represent both large and small businesses and others. An example of the make-up of a typical standards committee may include representatives from large and small operating companies (engineers, researchers, or risk management officers), government (Federal/state), risk management consultants, insurance administrators; academics and individuals. Meetings are open to the public. The Committees involved in developing, revising and approving consensus standards by organizations such as the API or AGA include technical experts, operating companies, vendors, consultants, academia and regulators. An example of a small business may include technical experts from a publicly owned natural gas local distribution company. The impact of this NPRM is not expected to be significant and the proposed changes are not expected to have any increase in compliance cost regardless of the size of the firm. The proposed changes are intended to update current editions of industry standards to allow for the use of newer or updated safety procedures to promote uniformity among industry practices. Changes in standards employing performance-based approaches have resulted in less costly changes to an organization’s manufacturing processes. Therefore, PHMSA concludes this NPRM would not have a significant economic impact on any small entity. Consideration of alternative proposals for small businesses—The Regulatory Flexibility Act directs agencies to establish expectations and differing compliance standards for small businesses, where it is possible to do so and still meet the objectives of applicable regulatory statutes. In the case of hazardous liquid, natural gas and other types of materials transported by pipeline, it is not possible to establish exceptions or differing standards and still accomplish our safety objectives. The impact of this NPRM will be minimal. The proposed changes are generally intended to provide industry guidance through adoption of newer editions of consensus standards and recommended practices. E:\FR\FM\16AUP1.SGM 16AUP1 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules Based on the facts available about the anticipated impact of this rulemaking, I certify, under Section 605 of the Regulatory Flexibility Act (5 U.S.C. 605) that this NPRM will not have a significant economic impact on a substantial number of small entities. F. Paperwork Reduction Act This NPRM does not impose any new information collection requirements. G. 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. H. Unfunded Mandates Reform Act of 1995 This NPRM 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 $132 million) or more in any one year to either state, local, or tribal governments, in the aggregate, or to the private sector, and would be the least burdensome alternative that achieves the objective of the NPRM. mstockstill on DSK4VPTVN1PROD with PROPOSALS I. Privacy Act Statement Anyone may search the electronic form of comments received in response to any of our dockets by the name of the individual submitting the comment (or signing the comment if submitted for an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477) or you may visit https:// docketsinfo.dot.gov/. J. Environmental Assessment The National Environmental Policy Act of 1969, 42 U.S.C. 4321–4375, requires Federal agencies to analyze proposed actions to determine whether the action will have a significant impact on the human environment. The Council on Environmental Quality (CEQ) regulations require Federal agencies to conduct an environmental review considering: (1) The need for the proposed action; (2) alternatives to the proposed action; (3) probable environmental impacts of the proposed action and alternatives; and (4) the agencies and persons consulted during the consideration process (40 CFR VerDate Mar<15>2010 17:50 Aug 15, 2013 Jkt 229001 1508.9(b)). In this NPRM, PHMSA proposes to IBR two new standards (one partially) and to incorporate 21 updated standards of those currently-referenced. If adopted as proposed, this NPRM would also make miscellaneous and editorial changes to the pipeline safety regulations. Description of Action: The National Technology Transfer and Advancement Act of 1995, directs Federal Agencies to use voluntary consensus standards and design specifications developed by voluntary consensus standard bodies instead of government-developed voluntary technical standards, when applicable. There are currently 64 standards incorporated by reference in parts 192, 193, and 195 of the pipeline safety regulations. PHMSA engineers and subject matter experts participate on approximately 25 standards development committees to keep current on committee actions. PHMSA will only propose to adopt standards into the Federal regulations that meet the agency’s directive(s) to ensure the best interests of public and environmental safety are served. Purpose and Need: Many of the industry standards currently incorporated by reference in the pipeline safety regulations have been revised and updated to incorporate new technology and methodology. The NPRM would consider allowing operators to use this new technology by incorporating new editions of the standards into the pipeline safety regulations. PHMSA technical experts continually review the actions of the pipeline standards developing committees and study industry safety practices to ensure their endorsement of any new editions or revised standards incorporated into the Federal safety regulations will improve public safety, as well as, provide protections for the environment. If PHMSA does not amend the Federal safety standards to keep up with industry practices, it could potentially have an adverse effect on the transportation of energy resources. Alternatives Considered: In developing the NPRM, we considered two alternatives: Alternative (1): Take no action and continue to incorporate the existing standards currently referenced in the pipeline safety regulations. Because our goal is to facilitate pipeline safety, we rejected the alternative to take no action. Alternative (2): Go forward with the proposed amendments and incorporate updated editions of voluntary consensus standards to allow pipeline operators to PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 50003 use current technologies. This is the selected alternative. Our goal is to incorporate by reference into the pipeline safety regulations all or parts of updated editions of voluntary consensus standards to allow pipeline operators to use current technology, new materials, and other industry and management practices. In addition, PHMSA’s goal is to update and clarify certain provisions in the regulations. These proposed amendments would make the regulatory provisions more consistent with current technology and would therefore promote the safe transportation of hazardous liquids, natural and other gases, and liquefied natural gas by pipeline. If these amendments are adopted as proposed, the pipeline safety regulations would not require pipeline operators to undertake any significant new pipeline safety initiatives. In fact, by updating several of the currently referenced standards, pipeline operators may find it easier to comply with certain provisions. For example, the GPTC, consisting of approximately 100 members with technical expertise in natural gas distribution, transmission, and gathering systems, petitioned PHMSA to adopt the 2009a version of ASTM D2513, ‘‘Standard Specification for Thermoplastic Gas Pressure Pipe, Tubing and Fittings.’’ ASTM D2513–09a covers polyethylene (PE), the most widely used piping material for gas distribution. This newer edition updates outdoor storage requirements for PE pipe and incorporates the new high performance PE pipe materials designation codes, with increased longterm performance requirements. PHMSA is proposing to partially incorporate this standard. Environmental Consequences: 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. The Federal pipeline regulatory system is a risk management system that is prevention oriented and focused on identifying a safety hazard and reducing the probability and quantity of a natural gas or hazardous liquid material release. Pipeline operators are required to develop and implement IM programs. The purpose of these programs is to enhance safety by identifying and reducing pipeline integrity risks. Pipelines subject to this NPRM transport hazardous liquids and natural gas and therefore a spill or leak of the product could affect the physical environment as well as the health and safety of the public. The release of a hazardous liquid and natural gas can E:\FR\FM\16AUP1.SGM 16AUP1 50004 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules cause the loss of cultural and historical resources (e.g., properties listed on the National Register of Historic Places), biological and ecological resources (e.g., coastal zones, wetlands, plant and animal species and their habitat, forests, grasslands, offshore marine ecosystems), 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), and the contamination of air, water resources (e.g., oceans, streams, lakes) and soil that exist directly adjacent to and within the vicinity of pipelines. Incidents on pipelines can result in fires and explosions, resulting in damage to the local environment. Depending on the size of a spill or gas leak, and the nature of the failure zone, the potential environmental impacts could vary from property damage, environmental damage, injuries or, on rare occasions, fatalities. Compliance with the pipeline safety regulations substantially reduces the possibility of an accidental release of materials. Updating industry standards incorporated in the pipeline safety regulations adopts the advantages of new technology and enhances safety and environmental protection. Conclusion—Degree of Environmental Impact: PHMSA proposes to incorporate consensus standards that will allow the pipeline industry to use improved technologies, new materials, performance-based approaches, manufacturing processes or other practices to enhance public health, safety and welfare. The goal is to ensure hazardous liquids, natural and other gases, and liquefied natural gas transported by pipeline will arrive safely to its destination. Therefore, PHMSA has preliminarily determined that the selected alternative would not have a significant impact on the human environment. PHMSA welcomes comments on this initial determination. mstockstill on DSK4VPTVN1PROD with PROPOSALS K. Executive Order 13211 Transporting gas affects the nation’s available energy supply. However, this NPRM 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 NPRM has a significant energy action. VerDate Mar<15>2010 17:50 Aug 15, 2013 Jkt 229001 List of Subjects 49 CFR Part 192 Incorporation by Reference, Natural Gas, Pipeline safety. 49 CFR Part 193 Incorporation by Reference, Liquefied Natural gas, Pipeline safety. 49 CFR Part 195 Anhydrous ammonia, Carbon Dioxide, Incorporation by Reference, Petroleum Pipeline safety. 49 CFR Part 199 Drug and Alcohol Testing. In consideration of the foregoing, PHMSA proposes to amend 49 CFR Parts 192, 193, 195, and 199 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. Section 192.7 is revised to read as follows: ■ § 192.7 What documents are incorporated by reference partly or wholly in this part? (a) This part prescribes standards, or portions thereof, incorporated by reference. The material incorporated by reference is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)) and has the full force of law. The materials listed in this section have been approved for IBR by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The material is incorporated as it existed on the date of the approval by the Federal Register and any changes thereafter will also be published in the Federal Register. (1) Availability of standards incorporated by reference. All of the materials incorporated by reference are available for inspection from several sources, including the following: (i) The Office of Pipeline Safety, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., Washington, DC, 20590– 0001. For information contact 1–202– 366–202–4046 or go to: https:// www.phmsa.dot.gov/pipeline/regs. (ii) The National Archives and Records Administration (NARA), Office of the Federal Register (OFR), 800 North Capitol Street NW., Suite 700, Washington, DC 20001. For information on the availability of this material and PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 how to make an appointment, contact NARA, by telephone 202–741–6030 or go to: https://www.archives.gov/federalregister/code-of-federal-regulations/ibrlocations.html. (iii) The respective standardsdeveloping organizations listed in this part. (2) For information concerning standards available free of charge for visual inspection, please see the links on PHMSA’s Web site at: https:// www.phmsa.dot.gov/pipeline/regs. (3) Standards incorporated by reference. The full titles of documents incorporated by reference, in whole or in part, are provided in this section. The numbers in parentheses indicate applicable editions. For each incorporated document, citations of all affected sections are provided. Earlier editions of documents listed in this section or editions of documents listed in previous editions of 49 CFR part 192 may be used for materials and components designed, manufactured, or installed in accordance with these earlier documents at the time they were listed. The user must refer to the appropriate previous edition of 49 CFR part 192 for a listing of the earlier listed editions or documents. The full titles of publications incorporated by reference wholly or partially in this part are as follows: (b) American Petroleum Institute (API), 1220 L Street NW., Washington, DC 20005, phone: 202–289–2250, https://api.org/. (1) API Recommended Practice 5L1, ‘‘Recommended Practice for Railroad Transportation of Line Pipe’’ (7th Edition, September 2009), (API RP 5L1), IBR approved for § 192.65(a). (2) API Recommended Practice 5LT, ‘‘Recommended Practice for Truck Transportation of Line Pipe’’ (March 12, 2012), (API RP 5LT IBR approved for § 192.65(c).). (3) API Recommended Practice 5LW, ‘‘Transportation of Line Pipe on Barges and Marine Vessels’’ (3rd edition, September 2009) (API RP 5LW). IBR approved for § 192.65(b). (4) API Recommended Practice 80, ‘‘Guidelines for the Definition of Onshore Gas Gathering Lines’’ (1st edition, April 2000) (API RP 80), IBR approved for § 192.8(a). (5) API Recommended Practice 1162, ‘‘Public Awareness Programs for Pipeline Operators’’ (1st edition, December 2003) (API RP 1162), IBR approved for § 192.616(a), (b), (c). (6) API Recommended Practice 1165, ‘‘Recommended Practice for Pipeline SCADA Displays’’ (First edition (January 2007)) (API RP 1165), IBR approved for § 192.631(c). E:\FR\FM\16AUP1.SGM 16AUP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules (7) ANSI/API Specification 5L/ISO 3183, ‘‘Specification for Line Pipe’’ (45th edition, 12–1–2012) (ANSI/API Spec 5L), IBR approved for §§ 192.55(e); 192.112(a), (b), (d), (e); 192.113; and Item I, Appendix B to Part 192. (8) ANSI/API Specification 6D, ‘‘Specification for Pipeline Valves’’ (23rd edition, April 2008, effective October 1, 2008) and errata 3 (Includes Errata 1, 2, 3, 4, 5, and 6 (2011) and Addenda 1 and 2 (2011)) (ANSI/API Spec 6D), IBR approved for § 192.145(a). (9) API Standard 1104, ‘‘Welding of Pipelines and Related Facilities’’ (20th edition, October 2005, errata/ addendum, (July 2007) and errata 2 (2008) (API Std 1104) IBR approved for §§ 192.225(a); 192.227(a); 192.229(c); 192.241(c); and Item II, Appendix B. (c) ASME International (ASME), Three Park Avenue, New York, NY 10016–5990, 800–843–2763 (U.S/ Canada), https://www.asme.org/. (1) ASME/ANSI B16.1–2005, ‘‘Gray Iron Pipe Flanges and Flanged Fittings: (Classes 25, 125, and 250)’’ (August 31, 2006) (ASME/ANSI B16.1), IBR approved for § 192.147(c). (2) ASME/ANSI B16.5–2003, ‘‘Pipe Flanges and Flanged Fittings’’ (October 2004) (ASME/ANSI B16.5), IBR approved for §§ 192.147(a) and 192.279. (3) ASME/ANSI B31G–1991 (Reaffirmed; 2004), ‘‘Manual for Determining the Remaining Strength of Corroded Pipelines’’ (ASME/ANSI B31G), IBR approved for §§ 192.485(c) and 192.933(a). (4) ASME/ANSI B31.8–2007, ‘‘Gas Transmission and Distribution Piping Systems’’ (November 30, 2007) (ASME/ ANSI B31.8), IBR approved for §§ 192.112(b) and 192.619(a). (5) ASME/ANSI B31.8S–2004, ‘‘Supplement to B31.8 on Managing System Integrity of Gas Pipelines’’ (ASME/ANSI B31.8S–2004), IBR approved for §§ 192.903(c); 192.907(b); 192.911(h), (k), (l), and (m); 192.913(a), (b), (c); 192.917(a), (b), (c), (d), (e); 192.921(a); 192.923(b); 192.925(b); 192.927(b), (c); 192.929(b); 192.933(c), (d); 192.935(a), (b); 192.937(c); 192.939(a); and 192.945(a). (6) ASME Boiler & Pressure Vessel Code, Section I, ‘‘Rules for Construction of Power Boilers 2007’’ (2007 edition, July 1, 2007) (ASME BPVC, Section I), IBR approved for § 192.153(b). (7) ASME Boiler & Pressure Vessel Code, Section VIII, Division 1 ‘‘Rules for Construction of Pressure Vessels’’ (2007 edition, July 1, 2007) (ASME BPVC, Section VIII, Division 1), IBR approved for §§ 192.153(a), (b), (d) and 192.165(b). (8) ASME Boiler & Pressure Vessel Code, Section VIII, Division 2 ‘‘Alternate Rules, Rules for Construction VerDate Mar<15>2010 17:50 Aug 15, 2013 Jkt 229001 of Pressure Vessels’’ (2007 edition, July 1, 2007) (ASME BPVC, Section VIII, Division 2), IBR approved for § 192.165(b). (9) ASME Boiler & Pressure Vessel Code, Section IX: ‘‘Qualification Standard for Welding and Brazing Procedures, Welders, Brazers, and Welding and Brazing Operators’’ (2007 edition, July 1, 2007) (ASME BPVC, Section IX), IBR approved for §§ 192.225(a); 192.227(a); and Item II, Appendix B to Part 192. (d) American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428–2959, phone: (610) 832–9585, https://www.astm.org/. (1) ASTM A53/A53M–10, ‘‘Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless’’ (October 2, 2010) (ASTM A53/A53M), IBR approved for §§ 192.113; and Item II, Appendix B to Part 192. (2) ASTM A106/A106M–10, ‘‘Standard Specification for Seamless Carbon Steel Pipe for High-Temperature Service’’ (April 1, 2010) (ASTM A106/ A106M), IBR approved for §§ 192.113; and Item I, Appendix B to Part 192. (3) ASTM A333/A333M–11, ‘‘Standard Specification for Seamless and Welded Steel Pipe for LowTemperature Service’’ (April 01, 2011) (ASTM A333/A333M), IBR approved for §§ 192.113; and Item I, Appendix B to Part 192. (4) ASTM A372/A372M–10 (reapproved 2008), ‘‘Standard Specification for Carbon and Alloy Steel Forgings for Thin-Walled Pressure Vessels’’ (October 1, 2010) (ASTM A372/A372M), IBR approved for § 192.177(b). (5) ASTM A381–96 (reapproved 2005), ‘‘Standard Specification for Metal-Arc Welded Steel Pipe for Use with High-Pressure Transmission Systems’’ (October 1, 2005) (ASTM A381), IBR approved for §§ 192.113; and Item I, Appendix B to Part 192. (6) ASTM A578/A578M–96 (reapproved 2001), ‘‘Standard Specification for Straight-Beam Ultrasonic Examination of Plain and Clad Steel Plates for Special Applications’’ (ASTM A578/A578M), IBR approved for § 192.112(c). (7) ASTM A671/A671M–10, ‘‘Standard Specification for ElectricFusion-Welded Steel Pipe for Atmospheric and Lower Temperatures’’ (April 1, 2010) (ASTM A671/A671M), IBR approved for §§ 192.113; and Item I, Appendix B to Part 192. (8) ASTM A672–09, ‘‘Standard Specification for Electric-FusionWelded Steel Pipe for High-Pressure PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 50005 Service at Moderate Temperatures’’ (October 1, 2009). (ASTM A672), IBR approved for §§ 192.113 and Item I, Appendix B to Part 192. (9) ASTM A691–09, ‘‘Standard Specification for Carbon and Alloy Steel Pipe, Electric-Fusion-Welded for HighPressure Service at High Temperatures’’ (October 1, 2009) (ASTM A691), IBR approved for §§ 192.113 and Item I, Appendix B to Part 192. (10) ASTM D638–03, ‘‘Standard Test Method for Tensile Properties of Plastics’’ (except for conditioning) (ASTM D638), IBR approved for § 192.283(a) and (b). (11) ASTM D2513–87, ‘‘Standard Specification for Thermoplastic Gas Pressure Pipe, Tubing, and Fittings,’’ (for non-polyethylene plastic materials only) (ASTM D2513–87), IBR approved for § 192.63(a). (12) ASTM D2513–99, ‘‘Standard Specification for Thermoplastic Gas Pressure Pipe, Tubing, and Fittings’’ (for non-polyethylene plastic materials only) (except section 4.2 pertaining to rework) (ASTM D 2513–99), IBR approved for §§ 192.59(d); 192.191(b); 192.281(b); 192.283(a) and Item 1, Appendix B to Part 192. (13) ASTM D2513–09a, ‘‘Standard Specification for Polyethylene (PE) Gas Pressure Pipe, Tubing, and Fittings’’ (except section 4.2 pertaining to rework.) (ASTM D2513–09a), IBR approved for §§ 192.59(d); 192.63(a); 192.123(e), 192.191(b); 192.283(a); Item 1, Appendix B to Part 192. (14) ASTM D2517–00, ‘‘Standard Specification for Reinforced Epoxy Resin Gas Pressure Pipe and Fittings’’ (ASTM D 2517), IBR approved for §§ 192.191(a); 192.281(d); 192.283(a) and Item I, Appendix B to Part 192. (15) ASTM F1055–1998, ‘‘Standard Specification for Electrofusion Type Polyethylene Fittings for Outside Diameter Controller Polyethylene Pipe and Tubing’’ (ASTM F1055), IBR approved for § 192.283(a). (e) Gas Technology Institute (GTI), formerly the Gas Research Institute (GRI)), 1700 S. Mount Prospect Road, Des Plaines, IL 60018, phone: 847–768– 0500, www.gastechnology.org. (1) GRI 02/0057 (2002) ‘‘Internal Corrosion Direct Assessment of Gas Transmission Pipelines Methodology’’ (GRI 02/0057), IBR approved for § 192.927(c). (2) [Reserved] (f) Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS), 127 Park St. NE., Vienna, VA, 22180–4602, phone: 703– 281–6613, https://www.mss-hq.org/. (1) MSS SP–44–2010, Standard Practice, ‘‘Steel Pipeline Flanges,’’ (2010 E:\FR\FM\16AUP1.SGM 16AUP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 50006 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules edition) (MSS SP–44), IBR approved for § 192.147(a). (2) [Reserved] (g) NACE International (NACE), 1440 South Creek Drive, Houston, TX 77084– 4906, phone: 281–228–6223 or 800– 797–6223, https://www.nace.org/ Publications/. (1) NACE SP0502–2010, Standard Practice, ‘‘Pipeline External Corrosion Direct Assessment Methodology’’ (June 24, 2010) (NACE SP0502), IBR approved for §§ 192.923(b); 192.925(b); 192.931(d); 192.935(b) and 192.939(a). (2) [Reserved] (h) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, Massachusetts, 02169– 7471, phone: 1 617 984–7275, https:// www.nfpa.org/. (1) NFPA–30 (Fire) (2012), ‘‘Flammable and Combustible Liquids Code,’’ includes Errata 1, Errata 2 (2012 edition, June 20, 2011) (NFPA–30), IBR approved for § 192.735(b). (2) NFPA–58 (2004), ‘‘Liquefied Petroleum Gas Code (LP-Gas Code)’’ (NFPA–58), IBR approved for § 192.11(a), (b), and (c). (3) NFPA–59 (2004), ‘‘Utility LP-Gas Plant Code’’ (NFPA–59), IBR approved for § 192.11(a), (b), and (c). (4) NFPA–70 (2011), ‘‘National Electrical Code,’’ includes Errata 1, Errata 2 (2011 edition, approved September 24, 2010) (NFPA–70), IBR approved for §§ 192.163(c) and 192.189(c). (i) Pipeline Research Council International, Inc. (PRCI), c/o Technical Toolboxes, 3801 Kirby Drive, Suite 520, P.O. Box 980550, Houston, TX 77098– 0550, phone: 713–630–0505, toll free: 866–866–6766, https:// www.ttoolboxes.com/. (Contract number PR–3–805.) (1) Pipeline Research Committee Project, PR–3–805, ‘‘A Modified Criterion for Evaluating the Remaining Strength of Corroded Pipe,’’ (December 22, 1989). The R–STRENG program may be used for calculating remaining strength. (PRCI PR–3–805 (R–STRENG)), IBR approved for §§ 192.485(c), 192.933(a) and 192.933(d). (2) [Reserved] (j) Plastics Pipe Institute, Inc. (PPI), 105 Decker Court, Suite 825 Irving TX, 75062, phone: 469–499–1044, https:// www.plasticpipe.org/. (1) PPI TR–3/2008 HDB/HDS/PDB/ SDB/MRS Policies (2008), ‘‘Policies and Procedures for Developing Hydrostatic Design Basis (HDB), Pressure Design Basis (PDB), Strength Design Basis (SDB), and Minimum Required Strength (MRS) Ratings for Thermoplastic Piping Materials or Pipe.’’ (May 2008), IBR approved for § 192.121. VerDate Mar<15>2010 17:50 Aug 15, 2013 Jkt 229001 (2) [Reserved] § 192.11 [Amended] 3. In § 192.11, amend paragraphs (a) and (c), by removing the term ‘‘ANSI/ NFPA 58/59’’ and, adding in its place, the terms ‘‘NFPA 58 and ‘‘NFPA 59 (incorporated by reference, see § 192.7).’’ ■ § 192.55 [Amended] 4. In Section 192.55, paragraph (e) is amended by removing the term ‘‘API Specification 5L’’ and, adding in its place, the term ‘‘API Spec 5L ‘‘(incorporated by reference, see § 192.7).’’ ■ 5. In § 192.59, paragraph (d) is added to read as follows: ■ § 192.59 Plastic Pipe. * * * * * (d) Rework and/or regrind material is not allowed in plastic pipe used under this part. § 192.65 [Amended] 6. In § 192.65: a. In paragraph (a)(1), remove the term ‘‘API Recommended Practice 5L1’’ and, add in its place the term, ‘‘API RP 5L1.’’ ■ b. In paragraph (b), remove the term ‘‘API Recommended Practice 5LW’’ and, add in its place the term, ‘‘API RP 5LW.’’ ■ c. Add a new paragraph (c) to read as follows: * * * * * ■ ■ § 192.65 Transportation of pipe * * * * * (c) Truck. In a pipeline to be operated at a hoop stress of 20 percent or more of SMYS, an operator may not use pipe having an outer diameter to wall thickness ratio of 70 to 1, or more, that is transported by truck unless the transportation is performed in accordance with API RP 5LT (incorporated by reference, see § 192.7). § 192.112 [Amended] 7. Amend § 192.112 paragraphs (a)(4), (b)(1)(i), (b)(1)(iii), (d)(1) and (e)(1), by removing the term, ‘‘API Specification 5L’’ and, add in its place, the term ‘‘API Spec 5L.’’ ■ 8. Amend § 192.112 paragraph (c)(2)(i), by removing the term, ‘‘API 5L’’ and, add in its place the term ‘‘API Spec 5L.’’ ■ § 192.113 [Amended] 9. Amend § 192.113, Table, by removing the term, ‘‘API 5L’’ and, add in its place the term ‘‘API Spec 5L.’’ ■ § 192.123 [Amended] 10. Amend § 192.123 paragraph (e)(2) as follows: ■ PO 00000 Frm 00035 Fmt 4702 a. In paragraph (e)(2), remove the terms ‘‘PE2406 or a PE3408’’ and, add in their place, ‘‘polyethylene (PE).’’ ■ b. In paragraph (e)(2), remove the term ‘‘ASTM D2513–99’’ and, add in its place the term ‘‘ASTM D 2513.’’ ■ Sfmt 4702 § 192.145 [Amended] 11. Amend § 192.145 paragraph (a), by removing the term ‘‘API 6D’’ and, adding in its place the term, ‘‘ANSI/API Spec 6D.’’ ■ § 192.147 [Amended] 12. Amend § 192.147 paragraphs (a) and (c) as follows: ■ a. In paragraph (a), remove the terms ‘‘ASME/ANSI B 16.5, MSS SP–44’’ and, add in their place the terms, ‘‘ASME/ ANSI B 16.5 (incorporated by reference, see § 192.7)’’ and ‘‘MSS SP–44 (incorporated by reference, see § 192.7).’’ ■ b. In paragraph (c), remove the term ‘‘ASME/ANSI B16.1’’ and, add in its place the term, ‘‘ASME/ANSI B16.1 (incorporated by reference, see § 192.7).’’ ■ 13. In § 192.153, revise paragraphs (a), (b), and (d) to read as follows: ■ § 192.153 welding. Components fabricated by (a) Except for branch connections and assemblies of standard pipe and fittings joined by circumferential welds, the design pressure of each component fabricated by welding, whose strength cannot be determined, must be established in accordance with paragraph UG–101 of the ASME Boiler and Pressure Vessel Code (BPVC) (Section VIII, Division 1) (incorporated by reference, see § 192.7). (b) Each prefabricated unit that uses plate and longitudinal seams must be designed, constructed, and tested in accordance with section 1 of the ASME BPVC (Section VIII, Division 1 or Section VIII, Division 2) (incorporated by reference, see § 192.7), except for the following: * * * * * (d) Except for flat closures designed in accordance with the ASME BPVC (Section VIII, Division 1 or 2) flat closures and fish tails may not be used on pipe that either operates at 100 p.s.i. (689 kPa) gage or more, or is more than 3 inches (76 millimeters) nominal diameter. § 192.163 [Amended] 14. Amend § 192.163, paragraph (e), by removing the term ‘‘National Electrical Code, ANSI/NFPA 70’’ and adding, in its place, ‘‘NFPA–70.’’ ■ E:\FR\FM\16AUP1.SGM 16AUP1 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules § 192.165 [Amended] § 192.177 [Amended] 16. Amend § 192.177 paragraph (b)(1), by removing the term ‘‘ASTM A372/ 372’’ and adding, in its place the term ‘‘ASTM A372/372M (incorporated by reference, see § 192.7).’’ ■ § 192.189 [Amended] 17. Amend § 192.189 paragraph (c), by removing the reference ‘‘ANSI/NFPA 70’’ and adding, in its place the abbreviation ‘‘NFPA–70’’ and adding, the term ‘‘(incorporated by reference, see § 192.7).’’ ■ § 192.225 [Amended] 18. Amend § 192.225 paragraph (a), as follows: ■ a. Remove the term ‘‘API 1104’’ and add, in its place, the term ‘‘API Std 1104.’’ ■ b. Remove the term ‘‘ASME Boiler and Pressure Vessel Code, ‘‘Welding and Brazing Qualifications’’ and add, in its place, the term ‘‘ASME Boiler and Pressure Vessel Code (BPVC).’’ ■ § 192.227 [Amended] 19. In § 192.227, paragraph (a) is amended as follows: ■ a. Remove the term ‘‘API 1104’’ and add, in its place, the term ‘‘API Std 1104.’’ ■ b. Remove the term ‘‘ASME Boiler and Pressure Vessel Code’’ and add, in its place, the term ‘‘ASME Boiler and Pressure Vessel Code (BPVC).’’ [Amended] 20. Amend § 192.229 paragraph (c)(1), by removing the term ‘‘API Standard 1104’’ and adding, in its place, the term ‘‘API Std 1104.’’ ■ § 192.241 [Amended] 21. Amend § 192.241 paragraph (c), by removing the terms ‘‘API Standard 1104’’ and ‘‘API 1104’’ and adding, in their place, the term ‘‘API Std 1104.’’ ■ § 192.281 [Amended] 22. Amend § 192.281 paragraph (d)(1), by removing the term ‘‘ASTM Designation D2517’’ and adding, in its place, the term ‘‘ASTM D 2517 (incorporated by reference, see § 192.7).’’ mstockstill on DSK4VPTVN1PROD with PROPOSALS ■ § 192.283 [Amended] 23. Amend § 192.283 as follows: a. Revise paragraph (a)(1)(i) to read as set forth below. ■ ■ VerDate Mar<15>2010 17:50 Aug 15, 2013 § 192.283 Plastic pipe: Qualifying joining procedures. (a) * * * (1) * * * (i) In the case of thermoplastic pipe, paragraph 6.6 (Sustained Pressure Test) or paragraph 6.7 (Minimum Hydrostatic Burst Test) of ASTM D2513 (except section 4.2 pertaining to rework material) (incorporated by reference, see § 192.7). * * * * * § 192.485 [Amended] 24. Amend § 192.485, paragraph (c) as follows: ■ a. Remove the term ‘‘ASME/ANSI B 31G’’ and add, in its place, the term ‘‘ASME/ANSI B31G (incorporated by reference, see § 192.7).’’ ■ b. Remove the term, ‘‘AGA Pipeline Research Committee Project PR 3–805 (with RSTRENG disk)’’ and add, in its place, the term ‘‘PRCI PR 3–805 (R– STRENG) (incorporated by reference, see § 192.7).’’ ■ § 192.735 [Amended] 25. Amend § 192.735 paragraph (b) by removing the term, ‘‘National Fire Protection Association Standard No. 30’’ and adding, in its place, the term ‘‘NFPA–30 (incorporated by reference, see § 192.7).’’ ■ ■ § 192.229 b. Amend § 192.283 paragraph (a)(1)(iii), by removing the term ‘‘ASTM Designation F1055’’ and adding, in its place, the term ‘‘ASTM F1055 (incorporated by reference, see § 192.7).’’ ■ 15. Amend § 192.165, paragraph (b)(3), by removing the term ‘‘ASME Boiler and Pressure Vessel Code’’ and adding, in its place the term ‘‘ASME Boiler and Pressure Vessel Code (BPVC) (incorporated by reference, see § 192.7).’’ ■ Jkt 229001 § 192.903 [Amended] 26. Amend § 192.903, in the Note, by removing the term ‘‘ASME/ANSI B31.8S–2001 (Supplement to ASME B31.8; incorporated by reference, see § 192.7)’’ and adding, in its place, the term ‘‘ASME/ANSI B31.8S (incorporated by reference, see § 192.7).’’ ■ 27. In § 192.923, paragraphs (a) and (b) are revised to read as follows: ■ § 192.923 How is direct assessment used and for what threats? (a) General. An operator may use direct assessment either as a primary assessment method or as a supplement to the other assessment methods allowed under this subpart. An operator may only use direct assessment as the primary assessment method to address the identified threats of external corrosion (EC), internal corrosion (IC), and stress corrosion cracking (SCC). (b) Primary method. An operator using direct assessment as a primary assessment method must have a plan PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 50007 that complies with the requirements in— (1) ASME/ANSI B31.8S (incorporated by reference, see § 192.7) section 6.4, NACE SP0502 (incorporated by reference, see § 192.7), and § 192.925 if addressing external corrosion (EC). (2) ASME/ANSI B31.8S (incorporated by reference, see § 192.7), section 6.4, appendix B2, and§ 192.927 if addressing internal corrosion (IC). (3) ASME/ANSI B31.8S, appendix A3, and § 192.929 if addressing stress corrosion cracking (SCC). * * * * * ■ 28. In § 192.933, revise paragraphs (a)(1), and (d)(1)(i) to read as follows: § 192.933 What actions must be taken to address integrity issues? (a) * * * (1) Temporary pressure reduction. If an operator is unable to respond within the time limits for certain conditions specified in this section, the operator must temporarily reduce the operating pressure of the pipeline or take other action that ensures the safety of the covered segment. An operator must determine any temporary reduction in operating pressure required by this section using ASME/ANSI B31G (incorporated by reference, see § 192.7) or Pipeline Research Council, International, PR–3–805 (R–STRENG) (incorporated by reference, see § 192.7) or reduce the operating pressure to a level not exceeding 80 percent of the level at the time the condition was discovered. An operator must notify PHMSA in accordance with § 192.949 if it cannot meet the schedule for evaluation and remediation required under paragraph (c) of this section and cannot provide safety through temporary reduction in operating pressure or other action. An operator must also notify a state pipeline safety authority when either a covered segment is located in a state where PHMSA has an interstate agent agreement, or an intrastate covered segment is regulated by that state. * * * * * (d) * * * (1) * * * (i) A calculation of the remaining strength of the pipe shows a predicted failure pressure less than or equal to 1.1 times the maximum allowable operating pressure at the location of the anomaly. Suitable remaining strength calculation methods include, ASME/ANSI B31G (incorporated by reference, see § 192.7); PRCI PR–3–805 (R–STRENG) (incorporated by reference, see § 192.7); or an alternative equivalent method of remaining strength calculation. * * * * * E:\FR\FM\16AUP1.SGM 16AUP1 50008 § 192.939 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules [Amended] 29. Amend § 192.939 paragraph (a)(1)(ii), by removing the term ‘‘ASME B31.8S’’ and adding, in its place the term, ‘‘ASME B31.8S (incorporated by reference, see § 192.7).’’ ■ 30. Amend Appendix B to Part 192— Qualification of Pipe parts (I) and (II) as follows: ■ a. Revise Part I of Appendix B to Part 192 to read as set forth below. ■ b. Amend the second paragraph of Appendix B to Part 192, Part II, A, by removing the term ‘‘ASTM A53’’ and adding, in its place the term, ‘‘ASTM A53/A53M–10.’’ ■ mstockstill on DSK4VPTVN1PROD with PROPOSALS Appendix B to Part 192—Qualification of Pipe I. Listed Pipe Specifications ANSI/API Specification 5L/ISO 3183— Steel pipe, ‘‘Specification for Line Pipe’’ (incorporated by reference, see § 192.7). ASTM A53/A53M—Steel pipe, ‘‘Standard Specification for Pipe, Steel Black and HotDipped, Zinc-Coated, Welded and Seamless’’ (incorporated by reference, see § 192.7). ASTM A106/A106M—Steel pipe, ‘‘Standard Specification for Seamless Carbon Steel Pipe for High Temperature Service’’ (incorporated by reference, see § 192.7). ASTM A333/A333M—Steel pipe, ‘‘Standard Specification for Seamless and Welded Steel Pipe for Low Temperature Service’’ (incorporated by reference, see § 192.7). ASTM A381—Steel pipe, ‘‘Standard Specification for Metal-Arc-Welded Steel Pipe for Use with High-Pressure Transmission Systems’’ (incorporated by reference, see § 192.7). ASTM A671/A671M—Steel pipe, ‘‘Standard Specification for Electric-FusionWelded Pipe for Atmospheric and Lower Temperatures’’ (incorporated by reference, see § 192.7). ASTM A672—Steel pipe, ‘‘Standard Specification for Electric-Fusion-Welded Steel Pipe for High-Pressure Service at Moderate Temperatures’’ (incorporated by reference, see § 192.7). ASTM A691—Steel pipe, ‘‘Standard Specification for Carbon and Alloy Steel Pipe, Electric-Fusion-Welded for High Pressure Service at High Temperatures’’ (incorporated by reference, see § 192.7). ASTM D2513–87—Thermoplastic pipe and tubing, ‘‘Standard Specification for Thermoplastic Gas Pressure Pipe, Tubing, and Fittings’’ (incorporated by reference, see § 192.7). ASTM D2513–99—Non-polyethylene thermoplastic pipe and tubing, ‘‘Standard Specification for Thermoplastic Gas Pressure Pipe, Tubing, and Fittings’’ (except section 4.2 pertaining to rework material), (incorporated by reference, see § 192.7). ASTM D2513–09a—Polyethylene thermoplastic pipe and tubing, ‘‘Standard Specification for Polyethylene (PE) Gas Pressure Pipe, Tubing, and Fittings’’ (except section 4.2 pertaining to rework material) (incorporated by reference, see § 192.7). VerDate Mar<15>2010 17:50 Aug 15, 2013 Jkt 229001 ASTM D2517—Thermosetting plastic pipe and tubing, ‘‘Standard Specification for Reinforced Epoxy Resin Gas Pressure Pipe and Fittings’’ (incorporated by reference, see § 192.7). * * * * * PART 193—LIQUEFIED NATURAL GAS FACILITIES: FEDERAL SAFETY STANDARDS 31. 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. §§ 193.2019, 193.2051, 193.2301, 193.2303, 193.2401, 193.2521, 193.2639, and 193.2801 [Amended] 32. In 49 CFR Part 193, remove the term ‘‘NFPA 59A’’ and add, in its place ‘‘NFPA–59A (2001),’’ everywhere it appears in the following sections: a. Section 193.2019 (a); b. Section 193.2051; c. Section 193.2057, introductory text; f. Section 193.2301, introductory text; g. Section 193.2303; h. Section 193.2401; i. Section 193.2521; j. Section 193.2639 paragraph (a); and k. Section 193.2801. ■ 33. Section 193.2013 is revised to read as follows: ■ § 193.2013 Incorporation by Reference. (a) This part prescribes standards, or portions thereof, incorporated by reference (IBR). The material incorporated by reference is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)) and has the full force of law. The materials listed in this section have been approved for IBR by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The material is incorporated as it existed on the date of the approval by the Federal Register and any changes thereafter will also be published in the Federal Register. (1) Availability of standards incorporated by reference. All of the materials incorporated by reference are available for inspection from several sources, including the following: (i) The Office of Pipeline Safety, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590– 0001. For information contact 1–202– 366–202–4046 or go to: https:// www.phmsa.dot.gov/pipeline/regs. (ii) (A) The National Archives and Records Administration (NARA), Office of the Federal Register (OFR), 800 North Capitol Street NW., Suite 700, Washington, DC 20001. (B) For information on the availability of this material and how to make an PO 00000 Frm 00037 Fmt 4702 Sfmt 4702 appointment, contact NARA, by telephone 202–741–6030 or go to: https://www.archives.gov/federalregister/code-of-federal-regulations/ibrlocations.html. (iii) The respective standardsdeveloping organizations listed in this section. (2) For information concerning standards available free of charge for visual inspection, please see the links on PHMSA’s Web site at: https:// www.phmsa.dot.gov/pipeline/regs. (3) Standards incorporated by reference. The full titles of documents incorporated by reference, in whole or in part, are provided herein. The numbers in parentheses indicate applicable editions. For each incorporated document, citations of all affected sections are provided. Earlier editions of currently listed documents or editions of documents listed in previous editions of 49 CFR part 193 may be used for materials and components designed, manufactured, or installed in accordance with these earlier documents at the time they were listed. The user must refer to the appropriate previous edition of 49 CFR part 193 for a listing of the earlier listed editions or documents. The full titles of publications incorporated by reference wholly or partially in this part are as follows: (b) American Gas Association (AGA), 400 North Capitol Street NW., Washington, DC 20001, phone: 1–202– 824–7000, https://www.aga.org/. (1) ‘‘Purging Principles and Practices’’ (3rd edition, 2001), IBR approved for §§ 193.2513 (b) and (c); 193.2517 and 193.2615 (a). (c) American Petroleum Institute (API), 1220 L Street NW., Washington, DC 20005, phone: 202–289–2250, https://api.org/. (1) API Standard 620 ‘‘Design and Construction of Large, Welded, LowPressure Storage Tanks’’ (11th edition February 2008, addendum 1, March 2009), and addendum 2 (2010) (API Std 620), IBR approved for §§ 193.2101(b) and 193.2321 (b). (2) [Reserved] (d) American Society of Civil Engineers (ASCE), 1801 Alexander Bell Drive, Reston, VA 20191, (800) 548– 2723, (703) 295–6300 (International), https://www.asce.org. (1) ASCE/SEI 7–05 ‘‘Minimum Design Loads for Buildings and Other Structures’’ (2005 edition, includes supplement No. 1 and Errata) (ASCE/ SEI 7–05), IBR approved for § 193.2067 (b). (2) [Reserved] (e) ASME International (ASME), Three Park Avenue, New York, NY E:\FR\FM\16AUP1.SGM 16AUP1 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules 10016–5990, 800–843–2763 (U.S./ Canada), https://www.asme.org/. (1) ASME Boiler & Pressure Vessel Code, Section VIII, Division 1 ‘‘Rules for Construction of Pressure Vessels’’ (2007 edition, July 1, 2007) (ASME BPVC, Section VIII, Division 1), IBR approved for § 193.2321 (a). (2) [Reserved] (f) Gas Technology Institute (GTI), formerly the Gas Research Institute (GRI)), 1700 S. Mount Prospect Road, Des Plaines, IL 60018, phone: 847–768– 0500, www.gastechnology.org. (1) GRI–96/0396.5, ‘‘Evaluation of Mitigation Methods for Accidental LNG Releases, Volume 5: Using FEM3A for LNG Accident Consequence Analyses’’ (April 1997) (GRI–96/0396.5), IBR approved for § 193.2059 (a). (2) GTI–04/0032 LNGFIRE3: A Thermal Radiation Model for LNG Fires (March 2004) (GTI–04/0032 LNGFIRE3), IBR approved for § 193.2057 (a). (3) GTI–04/0049 (April 2004) ‘‘LNG Vapor Dispersion Prediction with the DEGADIS 2.1: Dense Gas Dispersion Model for LNG Vapor Dispersion’’ (GTI– 04/0049), IBR approved for § 193.2059 (a). (g) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, Massachusetts d02169– 7471, phone: 1 617 984–7275, https:// www.nfpa.org/. (1) NFPA 59A, (2001) ‘‘Standard for the Production, Storage, and Handling of Liquefied Natural Gas (LNG)’’ (NFPA–59A–2001), IBR approved for §§ 193.2019; 193.2051; 193.2057; 193.2059; 193.2101 (a); 193.2301; 193.2303; 193.2401; 193.2521; 193.2639 and 193.2801. (2) NFPA 59A, (2006) ‘‘Standard for the Production, Storage, and Handling of Liquefied Natural Gas (LNG)’’ (2006 edition, Approved August 18, 2005) (NFPA–59A–2006), IBR approved for §§ 193.2101 (b) and 193.2321 (b). § 193.2059 [Amended] 34. Amend § 193.2059 as follows: a. Amend the introductory text, by removing the term ‘‘NFPA 59A’’ and adding, in its place, the term ‘‘NFPA– 59A–2001.’’ ■ b. Amend paragraph (a) by removing the words, ‘‘Gas Research Institute report GRI–89/0242 (incorporated by reference, see § 193.2013), ‘‘LNG Vapor Dispersion Prediction with the DEGADIS Dense Gas Dispersion Model’’ and adding, in its place, ‘‘GTI–04/0049, ‘‘LNG Vapor Dispersion Prediction with the DEGADIS 2.1 Dense Gas Dispersion Model’’ (incorporated by reference, see 193.2013).’’ ■ c. Amend paragraph (c), by removing the term ‘‘NFPA 59A’’ and adding, in its place, the term, ‘‘NFPA–59A–2001.’’ mstockstill on DSK4VPTVN1PROD with PROPOSALS ■ ■ VerDate Mar<15>2010 17:50 Aug 15, 2013 Jkt 229001 § 193.2067 [Amended] Nondestructive tests. (a) The butt welds in metal shells of storage tanks with internal design pressure above 15 psig must be nondestructively examined in accordance with the ASME Boiler and Pressure Vessel Code (BPVC) (Section VIII, Division 1) (incorporated by reference, see § 193.2012), except that 100 percent of welds that are both longitudinal (or meridional) and circumferential (or latitudinal) of hydraulic load bearing shells with curved surfaces that are subject to cryogenic temperatures must be nondestructively examined in accordance with the ASME BPVC (Section VIII, Division 1). (b) * * * (1) Section 7.3.1.2 of NFPA–59A (2006), (incorporated by reference, see § 193.2012); (2) Appendices Q and C of API Std 620, (incorporated by reference, see § 193.2012); * * * * * § 193.2513 [Amended] 37. Amend § 193.2513, paragraphs (b)(1) and (c)(5), by removing the term ‘‘AGA, ‘‘Purging Principles and Practice’’ and adding, in its place, ‘‘AGA, ‘‘Purging Principles and Practices’’ (incorporated by reference, see § 193.2012).’’ ■ § 193.2517 [Amended] 38. Amend § 193.2517, by removing the words ‘‘AGA, ‘‘Purging Principles and Practice’’ and adding, in its place, ‘‘AGA, ‘‘Purging Principles and Practices’’ (incorporated by reference, see § 193.2012).’’ ■ PART 195—TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE 39. 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. §§ 195.5 and 193.406 [Amended] 40. Amend 49 CFR part 195, by removing the term ‘‘ASME B31.8’’ and adding, in its place, the term ‘‘ASME/ ANSI B31.8 (incorporated by reference, see § 195.3),’’ in the following sections. ■ a. Section 195.5 paragraph (a)(1)(i); ■ b. Section 195.406 paragraph (a)(1)(i). ■ PO 00000 Frm 00038 Fmt 4702 41. Section 195.3 is revised to read as follows: ■ 35. Amend § 193.2067 paragraph (b)(1), by removing the term ‘‘ASCE/SEI 7–05’’ and adding, in its place the term, ‘‘ASCE/SEI 7.’’ ■ 36. In § 193.2321, revise paragraphs (a), (b)(1), and (b)(2) to read as follows: ■ § 193.2321 50009 Sfmt 4702 § 195.3 Incorporation by Reference. (a) This part prescribes standards, or portions thereof, incorporated by reference (IBR). The material incorporated by reference is treated as if it were published in full in the Federal Register (5 U.S.C. 552(a)) and has the full force of law. The materials listed in this section have been approved for IBR by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The material is incorporated as it existed on the date of the approval by the Federal Register and any changes thereafter will also be published in the Federal Register. (1) Availability of standards incorporated by reference. All of the materials incorporated by reference are available for inspection from several sources, including the following: (i) The Office of Pipeline Safety, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE., Washington, DC, 20590– 0001. For information contact 1-202– 366–202–4046 or go to: https:// www.phmsa.dot.gov/pipeline/regs. (ii) (A) The National Archives and Records Administration (NARA), Office of the Federal Register (OFR), 800 North Capitol Street NW., Suite 700, Washington, DC 20001. (B) For information on the availability of this material and how to make an appointment, contact NARA, by telephone 202–741–6030 or go to: https://www.archives.gov/federalregister/code-of-federal-regulations/ibrlocations.html. (iii) The standards-developing organization listed in this section. (2) For information concerning standards available free of charge for visual inspection, please see the links on PHMSA’s Web site at: https:// www.phmsa.dot.gov/pipeline/regs. (3) Standards incorporated by reference. The full titles of documents incorporated by reference, in whole or in part, are provided herein. The numbers in parentheses indicate applicable editions. For each incorporated document, citations of all affected sections are provided. Earlier editions of currently listed documents or editions of documents listed in previous editions of 49 CFR part 195 may be used for materials and components designed, manufactured, or installed in accordance with these earlier documents at the time they were listed. The user must refer to the appropriate previous edition of 49 CFR part 195 for a listing of the earlier listed editions or documents. The full titles of E:\FR\FM\16AUP1.SGM 16AUP1 mstockstill on DSK4VPTVN1PROD with PROPOSALS 50010 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules publications incorporated by reference wholly or partially in this part are as follows: (b) American Petroleum Institute (API), 1220 L Street NW., Washington, DC 20005, phone: 202–289–2250, https://api.org/. (1) API Publication 2026, ‘‘Safe Access/Egress Involving Floating Roofs of Storage Tanks in Petroleum Service’’ (2nd edition, April 1998, reaffirmed June 2006) (API Pub 2026), IBR approved for § 195.405 (b). (2) API Recommended Practice 5L1 ‘‘Recommended Practice for Railroad Transportation of Line Pipe’’ (7th Edition, September 2009) (API RP 5L1), IBR approved for § 195.207 (a). (3) API Recommended Practice 5LT, ‘‘Recommended Practice for Truck Transportation of Line Pipe’’ (March 12, 2012) (API RP 5LT), IBR approved for § 195.207 (c). (4) API Recommended Practice 5LW, ‘‘Transportation of Line Pipe on Barges and Marine Vessels’’ (3rd edition, September 2009) (API RP 5LW), IBR approved for § 195.207 (b). (5) ANSI/API Recommended Practice 651, ‘‘Cathodic Protection of Aboveground Petroleum Storage Tanks’’ (3rd edition, January 2007) (ANSI/API RP 651), IBR approved for §§ 195.565 and 195.573 (d). (6) ANSI/API Recommended Practice 652, ‘‘Linings of Aboveground Petroleum Storage Tank Bottoms’’ (3rd edition, October 2005) (API RP 652), IBR approved for § 195.579 (d). (7) API Recommended Practice 1130, ‘‘Computational Pipeline Monitoring for Liquids: Pipeline Segment’’ (1st edition, September 2007) (API RP 1130), IBR approved for §§ 195.134 and 195.444. (8) API Recommended Practice 1162, ‘‘Public Awareness Programs for Pipeline Operators’’ (1st edition, December 2003) (API RP 1162), IBR approved for § 195.440 (a), (b) and (c). (9) API Recommended Practice 1165 ‘‘Recommended Practice for Pipeline SCADA Displays’’ (First edition (January 2007)) (API RP 1165), IBR approved for § 195.446 (c). (10) API Recommended Practice 1168 ‘‘Pipeline Control Room Management’’ First Edition (September 2008) (API RP 1168), IBR approved for § 195.446 (c) and (f). (11) API Recommended Practice 2003, ‘‘Protection against Ignitions Arising out of Static, Lightning, and Stray Currents’’ (7th edition, January 2008) (API RP 2003), IBR approved for § 195.405. (12) API Recommended Practice 2350, ‘‘Overfill Protection for Storage Tanks in Petroleum Facilities’’’ (3rd edition, January 2005) (API RP 2350), IBR approved for § 195.428 (c). VerDate Mar<15>2010 17:50 Aug 15, 2013 Jkt 229001 (13) ANSI/API Specification 5L/ISO 3183 ‘‘Specification for Line Pipe’’ ANSI/API Specification 5L/ISO 3183 ‘‘Specification for Line Pipe’’ (45th edition, 12–1–2012) (ANSI/API Spec 5L), IBR approved for § 195.106. (14) ANSI/API Specification 6D, ‘‘Specification for Pipeline Valves’’ (23rd edition, April 2008, effective October 1, 2008) and errata 3 (Includes Errata 1, 2, 3, 4, 5, and 6 (2011) and Addenda 1 and 2 (2011)) (ANSI/API Spec 6D), IBR approved for § 195.116. (15) API Specification 12F, ‘‘Specification for Shop Welded Tanks for Storage of Production Liquids’’ (12th edition, October 2008, including errata 2008) (API Spec 12F), IBR approved for §§ 195.132; 195.205; 195.264; 195.307; 195.565; and 195.579. (16) API Standard 510, ‘‘Pressure Vessel Inspection Code: In-Service Inspection, Rating, Repair, and Alteration’’ (9th edition, June 2006) (API Std 510), IBR approved for §§ 195.205 and 195.432. (17) API Standard 620, ‘‘Design and Construction of Large, Welded, LowPressure Storage Tanks’’ (11th edition February 2008, addendum 1, March 2009), and includes addendum 2 (2010) (API Std 620), IBR approved for §§ 195.132; 195.205; 195.264; and 195.307, 195.565, and 195.620. (18) API Standard 650, ‘‘Welded Steel Tanks for Oil Storage’’ (11th edition, June 2007), includes addendum 1 (November 2008), addendum 2 (November 2009), addendum 3 (August 2011), and errata (February 2012) (API Std 650), IBR approved for §§ 195.132; 195.205; 195.264; 195.307; 195.565; and 195.579. (19) API Standard 653, ‘‘Tank Inspection, Repair, Alteration, and Reconstruction’’ (3rd edition, December 2001, includes addendum 1 (September 2003), addendum 2 (November 2005), addendum 3 (February 2008), and errata (April 2008)) (except—section 6.4.3) (API Std 653), IBR approved for §§ 195.205 (b); 195.307 (d) and 195.432 (b). (20) API Standard 1104, ‘‘Welding of Pipelines and Related Facilities’’ (20th edition, October 2005, errata/addendum (July 2007) and, errata 2 (2008) (API Std 1104), IBR approved for §§ 195.222 (a) and 195.228 (b). (21) API Standard 2000, ‘‘Venting Atmospheric and Low-Pressure Storage Tanks’’ (6th edition, November 1, 2009) (API Std 2000), IBR approved for § 195.264 (e). (22) API Standard 2510, ‘‘Design and Construction of LPG Installations’’ (8th edition, 2001) (API Std 2510), IBR approved for §§ 195.132 (b); 195.205 (b); PO 00000 Frm 00039 Fmt 4702 Sfmt 4702 195.264 (b) & (e); 195.307 (e); 195.428 (c) and 195.432 (c). (c) ASME International (ASME), Two Park Avenue, New York, NY 10016– 5990, 800–843–2763 (U.S/Canada), https://www.asme.org/. (1) ASME/ANSI B16.9–2007, ‘‘Factory-Made Wrought Buttwelding Fittings’’ (December 7, 2007) (ASME/ ANSI B16.9), IBR approved for § 195.118 (a). (2) ASME/ANSI B31G–1991 (Reaffirmed; 2004), ‘‘Manual for Determining the Remaining Strength of Corroded Pipelines’’ (ASME/ANSI B31G), IBR approved for §§ 195.452 (h) and 195.587. (3) ASME/ANSI B31.4–2006, ‘‘Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids’’ (October 20, 2006) (ASME/ ANSI B31.4), IBR approved for §§ 195.110. (4) ASME/ANSI B31.8–2007, ‘‘Gas Transmission and Distribution Piping Systems’’ (November 30, 2007) (ASME/ ANSI B31.8), IBR approved for §§ 195.5 (a) and 195.406 (a). (5) 2007 ASME Boiler & Pressure Vessel Code, Section VIII, Division 1 ‘‘Rules for Construction of Pressure Vessels’’ (2010 edition, July 1, 2007) (ASME BPVC, Section VIII, Division 1), IBR approved for §§ 195.124 and 195.307 (e). (6) 2007 ASME Boiler & Pressure Vessel Code, Section VIII, Division 2 ‘‘Alternate Rules, Rules for Construction of Pressure Vessels’’ (2010 edition, July 1, 2007) (ASME BPVC, Section VIII, Division 2), IBR approved for § 195.307 (e). (7) 2007 ASME Boiler & Pressure Vessel Code, Section IX: ‘‘Qualification Standard for Welding and Brazing Procedures, Welders, Brazers, and Welding and Brazing Operators’’ (2007 edition, July 1, 2007) (ASME BPVC, Section IX), IBR approved for § 195.307 (e). (d) American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 119428–2959, phone: (610) 832–9585, https:// www.astm.org/. (1) ASTM A53/A53M–10, ‘‘Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless’’ (October 2, 2010) (ASTM A53/A53M), IBR approved for § 195.106. (2) ASTM A106/A106M–10, ‘‘Standard Specification for Seamless Carbon Steel Pipe for High-Temperature Service’’ (April 1, 2010) (ASTM A106/ A106M), IBR approved for § 195.106 (e). (3) ASTM A333/A333M–11, ‘‘Standard Specification for Seamless E:\FR\FM\16AUP1.SGM 16AUP1 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules and Welded Steel Pipe for LowTemperature Service’’ (April 01, 2011) (ASTM A333/A333M), IBR approved for § 195.106 (e). (4) ASTM A381–96 (reapproved 2005), ‘‘Standard Specification for Metal-Arc Welded Steel Pipe for Use with High-Pressure Transmission Systems’’ (October 1, 2005) (ASTM A381), IBR approved for § 195.106 (e). (5) ASTM A671/A671M–10, ‘‘Standard Specification for ElectricFusion-Welded Steel Pipe for Atmospheric and Lower Temperatures’’ (April 1, 2010) (ASTM A671/A671M), IBR approved for § 195.106 (e). (6) ASTM A672–09, ‘‘Standard Specification for Electric-FusionWelded Steel Pipe for High-Pressure Service at Moderate Temperatures’’ (October 1, 2009) (ASTM A672), IBR approved for § 195.106 (e). (7) ASTM A691–09, ‘‘Standard Specification for Carbon and Alloy Steel Pipe, Electric-Fusion-Welded for HighPressure Service at High Temperatures’’ (October 1, 2009) (ASTM A691), IBR approved for § 195.106 (e). (e) Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS), 127 Park St. NE., Vienna, VA 22180–4602, phone: 703– 281–6613, https://www.mss-hq.org/. (1) MSS SP–75–2008, ‘‘Specification for High Test Wrought Butt Welding Fittings’’ (MSS SP 75), IBR approved for § 195.118 (a). (2) [Reserved] (f) NACE International (NACE), 1440 South Creek Drive, Houston, TX 77084– 4906, phone: 281–228–6223 or 800– 797–6223, https://www.nace.org/ Publications/. (1) NACE SP0169–2007, Standard Practice, ‘‘Control of External Corrosion on Underground or Submerged Metallic Piping Systems’’ (reaffirmed March 15, 2007) (NACE SP0169), IBR approved for §§ 195.571 and 195.573 (a)(2). (2) NACE SP0502–2010, Standard Practice, ‘‘Pipeline External Corrosion Direct Assessment Methodology’’ (June 24, 2010) (NACE SP0502), IBR approved for § 195.588 (b). (g) National Fire Protection Association (NFPA), 1 Batterymarch Park, Quincy, Massachusetts 02169– 7471, phone: 1 617 984–7275, https:// www.nfpa.org/. (1) NFPA–30 (Fire) (2012), ‘‘Flammable and Combustible Liquids Code,’’ includes Errata 1, Errata 2 (2012 edition, June 20, 2011) (NFPA–30), IBR approved for § 195.264 (b). (2) [Reserved] (h) Pipeline Research Council International, Inc. (PRCI), c/o Technical Toolboxes, 3801 Kirby Drive, Suite 520, P. O. Box 980550, Houston, TX 77098– 0550, phone: 713–630–0505, toll free: 866–866–6766, https:// www.ttoolboxes.com/. (Formerly publication number AGA Project PR–3– 805.) (1) 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. (PRCI PR–3–805 (R–STRENG)), IBR approved for § 195.587. (2) [Reserved] ■ 42. Amend § 195.106 as follows: ■ a. In paragraph (b)(1)(i), remove the term ‘‘API Specification 5L’’ and, add in its place, the term ‘‘ANSI/API Spec 5L (incorporated by reference, see § 195.3).’’ ■ b. Revise paragraph (e) to read as follows: § 195.106 Internal design pressure. * * * * * (e)(1) The seam joint factor used in paragraph (a) of this section is determined in accordance with the following standards incorporated by reference (see § 195.3): Specification Pipe class ASTM A53/A53M .............................. Seamless .................................................................................................... Electric resistance welded .......................................................................... Furnace lap welded .................................................................................... Furnace butt welded ................................................................................... Seamless .................................................................................................... Seamless .................................................................................................... Welded ........................................................................................................ Double submerged arc welded .................................................................. Electric-fusion-welded ................................................................................. Electric-fusion-welded ................................................................................. Electric-fusion-welded ................................................................................. Seamless .................................................................................................... Electric resistance welded .......................................................................... Electric flash welded ................................................................................... Submerged arc welded .............................................................................. Furnace lap welded .................................................................................... Furnace butt welded ................................................................................... ASTM A106/A106M .......................... ASTM A333/A333M .......................... ASTM A381 ...................................... ASTM A671/A671M .......................... ASTM A672 ...................................... ASTM A691 ...................................... ANSI/API Spec 5L ............................ (2) The seam joint factor for pipe which is not covered by this paragraph must be approved by the Administrator. § 195.116 [Amended] 43. Amend § 195.116 paragraph (d), by removing the term ‘‘API Standard 6D’’ and adding, in its place the term, ‘‘ANSI/API Spec 6D.’’ mstockstill on DSK4VPTVN1PROD with PROPOSALS ■ § 195.118 [Amended] 44. Amend § 195.118 paragraph (a), by removing the terms ‘‘ASME/ANSI B16.9 or MSS Standard Practice SP–75’’ and adding, in their place the terms ‘‘ASME/ ■ VerDate Mar<15>2010 19:13 Aug 15, 2013 Jkt 229001 Seam joint factor ANSI B16.9 (incorporated by reference, see § 195.3) or MSS SP–75 (incorporated by reference, see § 195.3).’’ ■ 45. Section 195.124 is revised to read as follows: § 195.124 Closures. Each closure to be installed in a pipeline system must comply with the 2007 ASME Boiler and Pressure Vessel Code (BPVC) (Section VIII, Division 1) (incorporated by reference, see § 195.3) and must have pressure and temperature ratings at least equal to PO 00000 Frm 00040 Fmt 4702 Sfmt 4702 50011 1.00 1.00 0.80 0.60 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.80 0.60 those of the pipe to which the closure is attached. § 195.132 [Amended] 46. Amend § 195.132 paragraphs (b)(1), (b)(2), (b)(3), and (b)(4) as follows: ■ a. Amend paragraph (b)(1) by removing the term ‘‘API Specification 12F’’ and adding, in its place ‘‘API Spec 12F (incorporated by reference, see § 195.3).’’ ■ b. Amend paragraph (b)(2) by removing the term ‘‘API Standard 620’’ and adding, in its place ‘‘API Std 620 ■ E:\FR\FM\16AUP1.SGM 16AUP1 50012 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules (incorporated by reference, see § 195.3).’’ ■ c. Amend paragraph (b)(3), by removing the term ‘‘API Standard 650’’ and adding, in its place ‘‘API Std 650 (incorporated by reference, see § 195.3).’’ ■ d. Amend paragraph (b)(4), by removing the term ‘‘API Standard 2510’’ and adding, in its place ‘‘API Std 2510 (incorporated by reference, see § 195.3).’’ of SMYS, an operator may not use pipe having an outer diameter to wall thickness ratio of 70 to 1, or more, that is transported by truck unless the transportation is performed in accordance with API RP 5LT (incorporated by reference, see § 195.3). ■ 50. In § 195.222, revise the section heading, paragraphs (a) and (b)(2) to read as follows: § 195.134 (a) Each welder or welding operator must be qualified in accordance with section 6 or 12 of API Std 1104 (incorporated by reference, see § 195.3) or with Section IX of 2007 ASME Boiler and Pressure Vessel Code (BPVC) (incorporated by reference, see § 195.3), except, that a welder qualified under an earlier edition than listed in § 195.3 may weld, but may not re-qualify under that earlier edition. (b) * * * (2) Had one weld tested and found acceptable under section 9 or Appendix A of API Std 1104 (incorporated by reference, see § 195.3). [Amended] 47. Amend § 195.134, by removing the term ‘‘API 1130’’ and adding, in its place ‘‘API RP 1130 (incorporated by reference, see § 195.3),’’ the first instance, and adding, in its place ‘‘API RP 1130,’’ the second instance. ■ 48. In 195.205, paragraph (b) is revised to read as follows: ■ § 195.205 Repair, alteration and reconstruction of aboveground breakout tanks that have been in service. mstockstill on DSK4VPTVN1PROD with PROPOSALS * * * * * (b) After October 2, 2000, compliance with paragraph (a) of this section requires the following: (1) For tanks designed for approximate atmospheric pressure, constructed of carbon and low alloy steel, welded or riveted, and nonrefrigerated, and for tanks built to API Std 650 (incorporated by reference, see § 195.3), or its predecessor Standard 12C, repair, alteration, and reconstruction must be in accordance with API Std 653 (incorporated by reference, see § 195.3). (2) For tanks built to API Spec 12F (incorporated by reference, see § 195.3) or API Std 620 (incorporated by reference, see § 195.3), repair, alteration, and reconstruction must be in accordance with the design, welding, examination, and material requirements of those respective standards. (3) For high pressure tanks built to API Std 2510 (incorporated by reference, see § 195.3), repairs, alterations, and reconstruction must be in accordance with API Std 510 (incorporated by reference, see § 195.3). ■ 49. Amend § 195.207 as follows: ■ a. In paragraph (a), remove the term, ‘‘API Recommended Practice 5L1’’ and add, in its place, the term ‘‘API RP 5L1.’’ ■ b. In paragraph (b), remove the term, ‘‘API Recommended Practice 5LW’’ and add, in its place, the term ‘‘API RP 5LW.’’ ■ c. Add a new paragraph (c) to read as set forth below: § 195.207 Transportation of pipe. * * * * * (c) Truck. In a pipeline to be operated at a hoop stress of 20 percent or more VerDate Mar<15>2010 17:50 Aug 15, 2013 Jkt 229001 § 195.222 Welders: Qualification of welders and welding operators. § 195.228 [Amended] 51. Amend § 195.228 paragraph (b), by removing the term ‘‘API 1104’’ and, add in its place the term, ‘‘API Std 1104’’ in two locations. ■ 52. In § 195.264, the introductory text of paragraph (b)(1), and paragraphs (b)(2), (e)(1), (e)(2), (e)(3), and (e)(4) are revised to read as follows: ■ § 195.264 Impoundment, protection against entry, normal/emergency venting or pressure/vacuum relief for aboveground breakout tanks. * * * * * (b) * * * (1) For tanks built to API Spec 12F, API Std 620, and others (such as API Std 650 or its predecessor Standard 12C), the installation of impoundment must be in accordance with the following sections of NFPA–30 (incorporated by reference, see § 195.3); * * * * * (2) For tanks built to API Std 2510 (incorporated by reference, see § 195.3), the installation of impoundment must be in accordance with section 5 or 11 of API Std 2510. * * * * * (e) * * * (1) Normal/emergency relief venting installed on atmospheric pressure tanks built to API Spec 12F must be in accordance with section 4, and Appendices B and C, of API Spec 12F (incorporated by reference, see § 195.3). (2) Normal/emergency relief venting installed on atmospheric pressure tanks PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 (such as those built to API Std 650 (or its predecessor Standard 12C) must be in accordance with API Std 2000 (incorporated by reference, see § 195.3). (3) Pressure-relieving and emergency vacuum-relieving devices installed on low pressure tanks built to API Std 620 must be in accordance with section 9 of API Std 620 (incorporated by reference, see § 195.3) and its references to the normal and emergency venting requirements in API Std 2000 (incorporated by reference, see § 195.3) (4) Pressure and vacuum-relieving devices installed on high pressure tanks built to API Std 2510 must be in accordance with sections 7 or 11 of API Std 2510 (incorporated by reference, see § 195.3). ■ 53. Section 195.307 is revised to read as follows: § 195.307 Pressure testing aboveground breakout tanks. (a) For aboveground breakout tanks built into API Spec 12F (incorporated by reference, see § 195.3) and first placed in service after October 2, 2000, pneumatic testing must be in accordance with section 5.3 of API Spec 12 F. (b) For aboveground breakout tanks built to API Std 620 (incorporated by reference, see § 195.3) and first placed in service after October 2, 2000, hydrostatic and pneumatic testing must be in accordance with section 7.18 of API Std 620. (c) For aboveground breakout tanks built to API Std 650 (incorporated by reference, see § 195.3) and first placed in service after October 2, 2000, testing must be in accordance with Sections 7.3.5 and 7.3.6 of API Standard 650. (d) For aboveground atmospheric pressure breakout tanks constructed of carbon and low alloy steel, welded or riveted, and non-refrigerated, and tanks built to API Std 650 (incorporated by reference, see § 195.3), or its predecessor Standard 12C, that are returned to service after October 2, 2000, the necessity for the hydrostatic testing of repair, alteration, and reconstruction is covered in Section 12.3 of API Std 653. (e) For aboveground breakout tanks built to API Std 2510 (incorporated by reference, see § 195.3) and first placed in service after October 2, 2000, pressure testing must be in accordance with 2007 ASME Boiler and Pressure Vessel Code (BPVC) (Section VIII, Division 1 or 2). ■ 54. Section 195.405 is revised to read as follows: § 195.405 Protection against ignitions and safe access/egress involving floating roofs. (a) After October 2, 2000, protection provided against ignitions arising out of E:\FR\FM\16AUP1.SGM 16AUP1 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules mstockstill on DSK4VPTVN1PROD with PROPOSALS static electricity, lightning, and stray currents during operation and maintenance activities involving aboveground breakout tanks must be in accordance with API RP 2003 (incorporated by reference, see § 195.3), unless the operator notes in the procedural manual (§ 195.402(c)) why compliance with all or certain provisions of API RP 2003 is not necessary for the safety of a particular breakout tank. (b) The hazards associated with access/egress onto floating roofs of inservice aboveground breakout tanks to perform inspection, service, maintenance or repair activities (other than specified general considerations, specified routine tasks or entering tanks removed from service for cleaning) are addressed in API Pub 2026 (incorporated by reference, see § 195.3). After October 2, 2000, the operator must review and consider the potentially hazardous conditions, safety practices and procedures in API Pub 2026 for inclusion in the procedure manual (§ 195.402(c)). ■ 55. In § 195.428, revise paragraph (c) to read as follows: 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). The inspection interval must not use the guidance in API Std 653, section 6.4.3 concerning risk-based inspection intervals. (c) Each operator must inspect the physical integrity of in-service steel aboveground breakout tanks built to API Std 2510 (incorporated by reference, see § 195.3) according to section 6 of API Std 510 (incorporated by reference, see § 195.3). * * * * * § 195.444 [Amended] 57. Amend § 195.444, by removing the term ‘‘API 1130’’ and adding in its place, ‘‘API RP 1130 (incorporated by reference, see § 195.3).’’ ■ 58. In § 195.452, revise paragraphs (h)(4)(i)(B), (h)(4)(iii)(D) and the introductory text of (l)(1) to read as follows: ■ § 195.452 Pipeline integrity management in high consequence areas. * * * * (h) * * * § 195.428 Overpressure safety devices and (4) * * * overfill protection systems. (i) * * * * * * * * (B) A calculation of the remaining (c) Aboveground breakout tanks that strength of the pipe shows a predicted are constructed or significantly altered burst pressure less than the established according to API Std 2510 (incorporated maximum operating pressure at the by reference, see § 195.3) after October location of the anomaly. Suitable 2, 2000, must have an overfill protection remaining strength calculation methods system installed according to section include, but are not limited to, ASME/ 7.1.2 of API Std 2510. Other ANSI B31G (incorporated by reference, aboveground breakout tanks with 600 see § 195.3) or PRCI PR–3–805 (R– gallons (2271 liters) or more of storage STRENG) (incorporated by reference, capacity that are constructed or see § 195.3). significantly altered after October 2, * * * * * 2000, must have an overfill protection (iii) * * * system installed according to API RP (D) A calculation of the remaining 2350 (incorporated by reference, see strength of the pipe shows an operating § 195.3). However, operators need not pressure that is less than the current comply with any part of API RP 2350 for established maximum operating a particular breakout tank if the operator pressure at the location of the anomaly. notes in the manual required by Suitable remaining strength calculation § 195.402 why compliance with that methods include, but are not limited to, part is not necessary for safety of the ASME/ANSI B31G or PRCI PR–3–805 tank. (R–STRENG). * * * * * * * * * * ■ 56. In § 195.432, revise paragraphs (b) (l) What records must an operator and (c) to read as follows: keep to demonstrate compliance? (1) An operator must maintain, for the § 195.432 Inspection of in-service breakout useful life of the pipeline, records that tanks. demonstrate compliance with the * * * * * requirements of this subpart. At a (b) Each operator must inspect the minimum, an operator must maintain physical integrity of in-service the following records for review during atmospheric and low-pressure steel an inspection: above-ground breakout tanks according * * * * * to API Std 653 (except section 6.4.3) (incorporated by reference, see § 195.3). ■ 59. Section 195.565 is revised to read However, if structural conditions as follows: VerDate Mar<15>2010 17:50 Aug 15, 2013 Jkt 229001 * PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 50013 § 195.565 How do I install cathodic protection on breakout tanks? After October 2, 2000, when you install cathodic protection under § 195.563(a) to protect the bottom of an aboveground breakout tank of more than 500 barrels (79.5m3) capacity built to API Spec 12F (incorporated by reference, see § 195.3), API Std 620 (incorporated by reference, see § 195.3), or API Std 650 (incorporated by reference, see § 195.3), or its predecessor Standard 12C, you must install the system in accordance with ANSI/API RP 651 (incorporated by reference, see § 195.3). However, installation of the system need not comply with ANSI/API RP 651 on any tank for which you note in the corrosion control procedures established under § 195.402(c)(3) why compliance with all or certain provisions of ANSI/API RP 651 is not necessary for the safety of the tank. ■ 60. In § 195.573, revise paragraph (d) to read as follows: § 195.573 What must I do to monitor external corrosion control? * * * * * (d) Breakout tanks. You must inspect each cathodic protection system used to control corrosion on the bottom of an aboveground breakout tank to ensure that operation and maintenance of the system are in accordance with API RP 651 (incorporated by reference, see § 195.3). However, this inspection is not required if you note in the corrosion control procedures established under § 195.402(c)(3) why compliance with all or certain operation and maintenance provisions of API RP 651 is not necessary for the safety of the tank. ■ 61. In § 195.579, revise paragraph (d) to read as follows: § 195.579 What must I do to mitigate internal corrosion? * * * * * (d) Breakout tanks. After October 2, 2000, when you install a tank bottom lining in an aboveground breakout tank built to API Spec 12F (incorporated by reference, see § 195.3), API Std 620 (incorporated by reference, see § 195.3), or API Std 650 (incorporated by reference, see § 195.3), or its predecessor Standard 12C, you must install the lining in accordance with API RP 652 (incorporated by reference, see § 195.3). However, installation of the lining need not comply with API RP 652 on any tank for which you note in the corrosion control procedures established under § 195.402(c)(3) why compliance with all or certain provisions of API RP 652 is not necessary for the safety of the tank. ■ 62. Section 195.587 is revised to read as follows: E:\FR\FM\16AUP1.SGM 16AUP1 50014 Federal Register / Vol. 78, No. 159 / Friday, August 16, 2013 / Proposed Rules § 195.587 What methods are available to determine the strength of corroded pipe? Under § 195.585, you may use the procedure in ASME/ANSI B31G (incorporated by reference, see § 195.3) or PRCI PR–3–805 (R–STRENG) (incorporated by reference, see § 195.3), to determine the strength of corroded pipe based on actual remaining wall thickness. These procedures apply to corroded regions that do not penetrate the pipe wall, subject to the limitations set out in the respective procedures. PART 199—DRUG AND ALCOHOL TESTING 63. The authority citation for part 199 continues to read as follows: ■ Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and 60118; and 49 CFR 1.53. § 199.111 ■ [Removed and Reserved] 64. Remove and reserve § 199.111. Issued in Washington, DC, on August 5, 2013. Jeffrey D. Wiese, Associate Administrator for Pipeline Safety. [FR Doc. 2013–19348 Filed 8–15–13; 8:45 am] BILLING CODE 4910–60–P DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 541 [Docket No. NHTSA–2013–0073] Preliminary Theft Data; Motor Vehicle Theft Prevention Standard National Highway Traffic Safety Administration (NHTSA), Department of Transportation. ACTION: Publication of preliminary theft data; Request for Comments; Correction. AGENCY: The National Highway Traffic Safety Administration (NHTSA) published in the Federal Register of July 9, 2013, a request for comments about thefts of model year (MY) 2011 passenger motor vehicles that occurred in calendar year (CY) 2011. This document corrects errors that were made in that publication. In the July 9, 2013 publication, the vehicle theft rate for CY/MY 2011 vehicles was erroneously reported to be 0.10 thefts per thousand vehicles produced. The actual theft rate for CY/MY 2011 vehicles is 0.99 thefts per thousand vehicles produced. Accordingly, Figure 1: Theft Rate Data Trend (1993–2011) has been amended to reflect the revised theft rate for CY/MY 2011. The publication also erroneously reported mstockstill on DSK4VPTVN1PROD with PROPOSALS SUMMARY: VerDate Mar<15>2010 17:50 Aug 15, 2013 Jkt 229001 that the theft rate for CY/MY 2011 decreased significantly by 91.45 percent from the theft rate for CY/MY 2010 vehicles. The publication should be corrected to reflect that the theft rate for CY/MY 2011 decreased significantly by 15.38 percent from the theft rate for CY/MY 2010 vehicles (1.17 thefts per thousand vehicles). The republishing of this document in its entirety corrects those errors. This document also extends the comment period to allow 60 days from the publication of this notice. Publication of these data fulfills NHTSA’s statutory obligation to periodically obtain accurate and timely theft data, and publish the information for review and comment. DATES: Comments must be submitted on or before October 15, 2013. ADDRESSES: You may submit comments identified by Docket No. NHTSA–2012– 0073 by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the online instructions for submitting comments. • Mail: Docket Management Facility: 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: 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: For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the Supplementary Information section of this document. Note that all comments received will be posted without change 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 form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (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 or the street address listed above. Follow the online instructions for accessing the dockets. FOR FURTHER INFORMATION CONTACT: Ms. Rosalind Proctor, Office of International PO 00000 Frm 00043 Fmt 4702 Sfmt 4702 Policy, Fuel Economy and Consumer Programs, NHTSA, 1200 New Jersey Avenue SE., Washington, DC 20590. Ms. Proctor’s telephone number is (202) 366–4807. Her fax number is (202) 493– 0073. SUPPLEMENTARY INFORMATION: This publication revises the Federal Register notice published on July 9, 2013 (78 FR 41016) which erroneously reported the theft rate for CY/MY 2011 vehicles and the percentage of its change from the theft rate for CY/MY 2010 vehicles. No other errors exist in the publication. The publication has been revised and is reprinted below in its entirety. NHTSA administers a program for reducing motor vehicle theft. The central feature of this program is the Federal Motor Vehicle Theft Prevention Standard, 49 CFR Part 541. The standard specifies performance requirements for inscribing or affixing vehicle identification numbers (VINs) onto certain major original equipment and replacement parts of high-theft lines of passenger motor vehicles. The agency is required by 49 U.S.C. 33104(b)(4) to periodically obtain, from the most reliable source, accurate and timely theft data, and publish the data for review and comment. To fulfill the § 33104(b)(4) mandate, this document reports the preliminary theft data for CY 2011 the most recent calendar year for which data are available. In calculating the 2011 theft rates, NHTSA followed the same procedures it has used since publication of the 1983/ 1984 theft rate data (50 FR 46669, November 12, 1985). The 2011 theft rate for each vehicle line was calculated by dividing the number of reported thefts of MY 2011 vehicles of that line stolen during calendar year 2011 by the total number of vehicles in that line manufactured for MY 2011, as reported to the Environmental Protection Agency (EPA). As in all previous reports, NHTSA’s data were based on information provided to NHTSA by the National Crime Information Center (NCIC) of the Federal Bureau of Investigation. The NCIC is a government system that receives vehicle theft information from approximately 23,000 criminal justice agencies and other law enforcement authorities throughout the United States. The NCIC data also include reported thefts of self-insured and uninsured vehicles, not all of which are reported to other data sources. The preliminary 2011 theft data show a significant decrease in the vehicle theft rate when compared to the theft rate experienced in CY/MY 2010 (For 2010 theft data, see 77 FR 58500, September 21, 2012). The preliminary E:\FR\FM\16AUP1.SGM 16AUP1

Agencies

[Federal Register Volume 78, Number 159 (Friday, August 16, 2013)]
[Proposed Rules]
[Pages 49996-50014]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19348]


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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 192, 193, 195, and 199

[Docket No. PHMSA-2011-0337]
RIN 2137-AE85


Pipeline Safety: Periodic Updates of Regulatory References to 
Technical Standards and Miscellaneous Amendments

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

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: PHMSA is proposing to amend the pipeline safety regulations to 
incorporate by reference (IBR) all or parts of new, updated, or 
reaffirmed editions of voluntary consensus standards that are available 
on the Internet, free-of-charge, to the public. PHMSA is also proposing 
to make non-substantive edits and to clarify regulatory language in 
certain provisions. These proposed changes are relatively minor, and 
would not require pipeline operators to undertake any significant new 
pipeline safety initiatives.

DATES: Submit comments on the subject of this NPRM on or before October 
15, 2013.

ADDRESSES: You may submit comments, identified by docket ID PHMSA-2011-
0337, 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 
(DOT), 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,

[[Page 49997]]

1200 New Jersey Avenue SE., between 9:00 a.m. and 5:00 p.m. EST, Monday 
through Friday, except Federal holidays.
    Fax: 202-493-2251.
    Instructions: Identify the docket ID, PHMSA-2011-0337, 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, etc.). 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 email at 
mike.israni@dot.gov.
    Regulatory Information: Cheryl Whetsel by phone at (202) 366-4431 
or by email at cheryl.whetsel@dot.gov.

SUPPLEMENTARY INFORMATION: 

I. Background

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113; March 7, 1996) directs Federal agencies to use voluntary 
consensus standards and design specifications developed by voluntary 
consensus standard bodies instead of government-developed voluntary 
technical standards, when applicable. The Office of Management and 
Budget (OMB) Circular A-119: ``Federal Participation in the Development 
and Use of Voluntary Consensus Standards and in Conformity Assessment 
Activities'' sets the policy for Federal use and development of 
voluntary consensus standards. As defined in OMB Circular A-119, 
voluntary consensus standards are technical standards developed or 
adopted by organizations, both domestic and international. These 
organizations use agreed upon procedures to update and revise their 
published standards every three to five years to reflect modern 
technology and best technical practices.
    The legal effect of incorporation by reference is that the material 
is treated as if it were published in the Federal Register and Code of 
Federal Regulations (CFR). This material, like any other properly 
issued rule, has the force and effect of law. Congress authorized 
incorporated by reference to reduce the volume of material published in 
the Federal Register and CFR. (See 5 U.S.C. 552(a) and 1 CFR Part 51.). 
Congress granted authority to the Director of the Federal Register to 
determine whether a proposed incorporation by reference serves the 
public interest.
    There are 64 standards and specifications incorporated by reference 
in 49 CFR part 192, Transportation of Natural and Other Gas by 
Pipeline: Minimum Federal Safety Standards; 49 CFR part 193, Liquefied 
Natural Gas Facilities: Federal Safety Standards; and 49 CFR part 195, 
Transportation of Hazardous Liquids by Pipeline.
    PHMSA regularly reviews updates to currently referenced consensus 
standards as well as new editions to ensure that the content remains 
consistent with the intent of the pipeline safety regulations. PHMSA 
employees participate in more than 25 national voluntary consensus 
standards-setting organizations that address pipeline design, 
construction, maintenance, inspection, and repair. As representatives 
of the agency, these subject matter experts actively participate in 
discussions and technical debates, register opinions and vote in 
accordance with the procedures of the standards body at each stage of 
the standards development process (unless prohibited from doing so by 
law). However, it is important to note that agency participation does 
not necessarily constitute agency agreement with, or endorsement of, 
decisions reached by such organizations. PHMSA has the ultimate 
responsibility to ensure public safety and will only adopt those 
portions of standards into the Federal regulations that meet the 
agency's directive(s) to ensure the best interests of public safety are 
served. Agency participation in the development of voluntary consensus 
standards is important to eliminate the necessity for development or 
maintenance of separate government-unique standards; to further 
national goals and objectives such as increased use of environmentally 
sound and energy efficient materials, products, systems, services, or 
practices; and to improve public safety. New or updated standards often 
further innovation and increase the use of new technologies, materials, 
and management practices that improve the safety and operations of 
pipelines and pipeline facilities.
    Section 24 of the ``Pipeline Safety, Regulatory Certainty, and Job 
Creation Act of 2011'' (Pub. L. 112-90, January 3, 2012), amended 49 
U.S.C. 60102 by adding a new requirement on documents incorporated by 
reference after January 3, 2013. The law states, ``Beginning 1 year 
after the date of enactment of this subsection, the Secretary may not 
issue guidance or a regulation pursuant to this chapter that 
incorporates by reference any documents or portions thereof unless the 
documents or portions thereof are made available to the public, free of 
charge, on an Internet Web site.'' To meet this requirement, PHMSA 
negotiated agreements with the majority of the standards-setting 
organizations with documents incorporated by reference in the pipeline 
safety regulations. These organizations are:
--American Petroleum Institute (API).
--American Gas Association (AGA).
--American Society for Testing and Materials (ASTM).
--Gas Technology Institute (GTI).
--Manufacturers Standardization Society of the Valve and Fittings 
Industry, Inc. (MSS).
--NACE International (NACE).
--National Fire Protection Association (NFPA).
    Each of the organizations' mailing addresses and Web sites are 
listed in Parts 192, 193, and 195. In this NPRM, PHMSA has identified 
two new standards (one to be partially incorporated) and 21 updated 
editions of currently referenced standards to incorporate in Parts 192, 
193, and 195. PHMSA also is proposing miscellaneous edits to the 
pipeline safety regulations, including removing Sec.  199.111 because 
the requirements in that section are adequately covered by 49 CFR part 
40.
    Previous updates to incorporate industry standards by reference 
were published on August 11, 2010, (75 FR 48593), February 1, 2007, (72 
FR 4657), June 9, 2006, (71 FR 33402), June 14, 2004, (69 FR 32886), 
February 17, 1998, (63 FR 7721), June 6, 1996, (61 FR 2877) and May 24, 
1996, (61 FR 26121).

II. New Standards To Be Incorporated by Reference (Fully or Partially)

API Recommended Practice 5LT

    PHMSA is proposing to adopt API Recommended Practice 5LT, 
``Recommended Practice for Truck

[[Page 49998]]

Transportation of Line Pipe,'' (First edition, March 1, 2012) to 
address the National Transportation Safety Board's (NTSB) 
Recommendation P-04-03.
    During its investigation of a July 2002 pipeline incident, the NTSB 
determined that the probable cause of the pipeline rupture was 
inadequate loading of the pipe for transportation that allowed a 
fatigue crack to initiate along the seam of the longitudinal weld 
during transit. NTSB recommended that PHMSA revise its regulations to 
require that the transportation of all pipe be subject to API 
standards. In a final rule published on August 11, 2010, titled, 
``Periodic Updates of Regulatory References to Technical Standards and 
Miscellaneous Edits,'' (Docket No. PHMSA-2008-0301, (75 FR 48593)), 
PHMSA incorporated by reference the, ``Recommended Practice for 
Railroad Transportation of Line Pipe,'' API RP 5L1, as rail 
transportation has generally been considered to be the most likely 
source of transit fatigue cracking. At the same time, PHMSA and the API 
formed a working group to evaluate the need for a truck transportation 
standard to prevent damage to pipe as recommended by NTSB. A standard 
was drafted and published in March 2012. Thus, PHMSA is proposing to 
incorporate by reference this new standard as follows:
--API ``Recommended Practice for Truck Transportation of Line Pipe'' 
(First edition) (March 1, 2012). (API RP 5LT).
--Referenced in Sec.  192.65 and Sec.  195.207.

ASTM D 2513-09a

    PHMSA is proposing to incorporate by reference ASTM D2513-09a, 
``Standard Specification for Polyethylene (PE) Gas Pressure Pipe, 
Tubing, and Fittings,'' for PE materials, except for section 4.2 which 
addresses rework material. Section 4.2 states: ``Clean rework material 
of the same commercial designation, generated from the manufacturer's 
own pipe and fitting production shall not be used unless the pipe and 
fitting produced meets all the requirements of this specification. The 
use of these rework materials shall be governed by the requirements of 
section 4.3 and PPI Technical Note (TN)-30/2006.'' In PE pipe, ``rework 
materials shall be limited to a maximum of 30% by weight.''
    The main steps of PE pipe manufacturing include an extrusion 
process where raw material (usually supplied in the form of pellets) is 
heated, melted, mixed and conveyed into a die and shaped into a pipe. 
Rework (also known as regrind) is a process by which plastic pipe that 
does not fall within acceptable specifications following the extrusion 
process can be reused if it meets certain requirements. Such 
requirements include reducing the size of the material through 
appropriate stages (i.e., regrinding the material) and avoiding 
introducing contamination. The end goal is for the material to have an 
equivalent cleanliness and size to the virgin material prior to going 
back through the extrusion process. Additional requirements are 
discussed in PPI TN-30/2006, ``Requirements for the Use of Rework 
Materials in Manufacturing of Polyethylene Gas Pipe'' available 
publicly at https://www.plasticpipe.org/pdf/tn-30_rework_materials_in_pe_gas_pipe.pdf. Even after taking into account the requirements 
in PPI TN-30/2006, PHMSA is concerned that there is too much potential 
for contamination to be introduced during the rework process. In the 
interest of pipeline safety and to ensure the integrity of this type of 
pipe, it seems prudent not to allow any reworked pipe, let alone up to 
a maximum of 30% by weight as specified in ASTM D2513-09a. PHMSA sees 
no reason for allowing the use of reworked material and cannot be 
certain its use would provide an equivalent or better level of safety.
    For additional technical basis, PHMSA is inviting comments on 
prohibiting rework materials, as well as potential alternatives for 
limiting the use of rework materials. For example, one alternative 
might be to establish limits on the use of rework materials by pipe 
diameter (e.g., no rework material is allowed for pipe two inches Iron 
Pipe Size (IPS) and below in diameter and the requirements in ASTM 
D2513-09a, section 4.2 would be acceptable for pipe larger than two 
inches IPS in diameter). Another alternative might be to allow rework 
material as required by ASTM D2513-09a, section 4.2, in which case ASTM 
D2513-09a could possibly be incorporated in whole.
    PHMSA is not aware of a specific root cause or technical analyses 
that would indicate rework (including up to 30%) as a contributing 
factor in incidents. At the same time, PHMSA is not aware of specific 
information that discounts rework as a risk. PHMSA is, however, aware 
that some operators do not allow any rework material. PHMSA is also 
aware that there is a work item through the ASTM F17.60 committee 
considering an amendment to ASTM D-2513 that would prohibit rework 
completely.
    With respect to a limitation by diameter, once again, PHMSA does 
not have firm evidence that two inches is a specific and critical 
threshold for rework. Smaller diameter pipe (two-inch IPS and less), 
however, has proven to be more susceptible to past material issues due 
to typically having a thinner wall. Also, this smaller diameter pipe is 
often in closer proximity to the customer as it is used as service line 
piping leading up to end users of natural gas, increasing the potential 
impact if an incident were to occur.
    It should be noted that ASTM D2513-09a is exclusively a PE 
standard, while the 1999 version addresses other non-metallic piping 
materials. PHMSA proposes for other non-PE plastic materials to 
continue to reference the ASTM D2513-87 (for Sec.  192.63 only, marking 
of materials) and ASTM D2513-99 (except section 4.2 pertaining to 
rework material) for Sec. Sec.  192.59 (d); 192.191(b); 192.281(b)(2); 
192.283(a)(1)(i); and Item 1, Appendix B to Part 192).
    PHMSA believes the incorporation of ASTM D 2513-09a, along with 
retention of ASTM D2513-87 and 99 is consistent with the petitions for 
rulemaking received from the the Gas Piping Technology Committee (GPTC) 
and the American Gas Association. GPTC petitioned PHMSA to adopt ASTM 
D2513-09a because of significant changes made to ASTM D2513 in the past 
10 years. These changes include a new requirement for outdoor storage 
of PE pipe--three years for yellow pipe and 10 years for black pipe; 
new high performance PE pipe material designation codes, with increased 
long-term performance requirements; and more stringent requirements for 
use of rework material in PE gas pipe. AGA's September 9, 2009 petition 
requested that PHMSA incorporate by reference the part of ASTM D2513 
(2009) addressing color and UV stablizer (Section A1.3.5). PHMSA agrees 
that the new standard will improve safety, long-term performance, and 
quality of PE gas distribution pipe.
    Therefore, PHMSA is proposing to IBR ASTM D 2513-09a as referenced 
below and will continue to reference the 1987 and 1999 editions 
discussed above.

--ASTM D2513-09a, ``Standard Specification for Polyethylene (PE) Gas 
Pressure Pipe, Tubing, and Fittings,'' (December 1, 2009), (except 
section 4.2 pertaining to rework material) (ASTM D2513).
--Referenced in Sec. Sec.  192.59 (d); 192.63 (a); 192.123 (e); 192.191 
(b); 192.281 (b); 192.283 (a); Item 1, Appendix B to Part 192.

[[Page 49999]]

III. Standards With Updated Editions Not To Be Incorporated by 
Reference

    PHMSA is not proposing to incorporate the updated editions of the 
following documents at this time:

American Petroleum Institute

    PHMSA is not proposing to incorporate by reference the second 
edition of the API Recommended Practice (RP) 1162. PHMSA and the state 
pipeline authorities conducted public awareness effectiveness 
inspections to assess compliance with Federal regulations that 
incorporate the first edition of API RP 1162. These were completed in 
December 2012. Additionally, PHMSA held a public awareness workshop in 
June 2013 to discuss ways to improve public awareness programs and 
whether or not to incorporate the second edition of this standard. 
PHMSA is analyzing the results of the inspections and workshop and will 
make a determination whether or not to incorporate the second edition 
at a later date. Therefore, at this time, PHMSA will continue to 
incorporate the first edition of API RP 1162. The reference for API RP 
1162 will remain as follows:

--API Recommended Practice 1162, ``Public Awareness Programs for 
Pipeline Operators,'' (1st edition, December 2003) (API RP 1162).
--Referenced in Sec.  192.616 (a), (b), (c).

API Standard 653

    PHMSA is not proposing to incorporate by reference API Standard 
653, (4th edition) and Addendum (2010) at this time. PHMSA will 
continue to review this document for consideration in a future update.
    Rather, PHMSA is proposing to continue to incorporate the third 
edition of API Standard 653, ``Tank Inspection, Repair, Alteration, and 
Reconstruction'' (3rd edition, 2001), except section 6.4.3. PHMSA is 
proposing to eliminate the incorporation of section 6.4.3 as it applies 
to risk-based inspection (RBI) intervals (49 CFR 195.432). PHMSA 
believes API needs to eliminate the criteria stated in the risk-based 
option for the inspection interval of a breakout tank listed in API 
Standard 653. An alternate inspection interval based on a risk-based 
algorithm generally uses a standardized set of factors. These factors 
are weighted to calculate the risk of failure with a longer inspection 
interval. Section 6.4.3 of API Standard 653 (3rd edition) provides no 
standardized methodology for calculating or determining an alternate 
inspection interval nor does it provide for a minimum bottom plate 
thickness in the tank. This thickness is determined as part of the RBI 
analysis and could conceivably be set at a thickness where leakage may 
be eminent. Without proper guidance for using an alternate RBI, PHMSA 
believes that this would not be consistent with safety. Therefore, 
PHMSA will no longer incorporate section 6.4.3 of API Standard 653 (3rd 
edition, 2001). The reference to API Standard 653 in the pipeline 
safety regulations will be changed as follows:

--API Standard 653-2001, ``Tank Inspection, Repair, Alteration, and 
Reconstruction'' (3rd edition, 2001), (except section 6.4.3) (API Std 
653).
--Referenced in Sec. Sec.  195.205 (b); 195.307 (d) and 195.432 (b).

IV. New Editions to Currently Referenced Standards To Be Incorporated 
by Reference

    PHMSA proposes to IBR the following updated editions of currently-
referenced standards in Parts 192, 193 and 195.

American Petroleum Institute

--API Recommended Practice 5L1, ``Recommended Practice for Railroad 
Transportation of Line Pipe,'' (7th Edition, September 2009).

    Replaces IBR: API Recommended Practice 5L1, ``Recommended Practice 
for Railroad Transportation of Line Pipe,'' (6th Edition, 2002);
    Referenced in 49 CFR 192.65; 195.207.

--API Recommended Practice 5LW, ``Transportation of Line Pipe on Barges 
and Marine Vessels,'' (3rd edition, September 2009).

    Replaces IBR: API Recommended Practice 5LW, ``Transportation of 
Line Pipe on Barges and Marine Vessels,'' (2nd edition, December 1996, 
effective March 1, 1997);
    Referenced in 49 CFR 192.65; 195.207.

--ANSI/API Specification 5L/ISO 3183, ``Specification for Line Pipe,'' 
ANSI/API Specification 5L/ISO 3183 ``Specification for Line Pipe'' 
(45th edition, December 1, 2012).

    Replaces IBR: ANSI/API Specification 5L/ISO 3183, ``Specification 
for Line Pipe,'' (44th edition, 2007), includes errata (January 2009) 
and addendum (February 2009);
    Referenced in 192.55; 192.112; 192.113; and Item 1, Appendix B to 
Part 192; 195.106.

--ANSI/API Specification 6D, ``Specification for Pipeline Valves,'' 
(23rd edition, April 1, 2008, effective October 1, 2008), includes 
Errata 1, 2, 3, 4, 5, and 6 (2011) and Addenda 1 and 2 (2011).

    Replaces IBR: ANSI/API Specification 6D, ``Specification for 
Pipeline Valves,'' (23rd edition (April 2008, effective October 1, 
2008)) and errata 3 (includes 1 and 2, February 2009);
    Referenced in 49 CFR 192.145; 195.116.

--API Specification 12F, ``Specification for Shop Welded Tanks for 
Storage of Production Liquids,'' (12th edition, October 2008, including 
errata 2008).

    Replaces IBR: API Specification 12F, ``Specification for Shop 
Welded Tanks for Storage of Production Liquids,'' (11th edition, 
November 1, 1994, reaffirmed 2000, errata, February 2007);
    Referenced in 49 CFR 195.132; 195.205; 195.264; 195.307; 195.565; 
195.579.

--API Standard 620, ``Design and Construction of Large, Welded, Low-
Pressure Storage Tanks'' (11th edition, February 2008, addendum 1, 
March 2009), and addendum 2 (2010).

    Replaces IBR: API Standard 620, ``Design and Construction of Large, 
Welded, Low-Pressure Storage Tanks,'' (11th edition, February 2008, 
addendum 1 March 2009);
    Referenced in 49 CFR 193.2101; 193.2321; 195.132; 195.205; 195.264; 
195.307; 195.565; 195.620.

--API Standard 650, ``Welded Steel Tanks for Oil Storage'' (11th 
edition, June 2007), includes addendum 1 (November 2008), addendum 2 
(November 2009), addendum 3 (August 2011), and errata (February 2012).

    Replaces IBR: API Standard 650, ``Welded Steel Tanks for Oil 
Storage,'' (11th edition, June 2007), addendum 1, November 2008, and 
addendum 2 (2009);
    Referenced in 49 CFR 195.132; 195.205; 195.264; 195.307; 195.565; 
195.579.

--API Standard 2000, ``Venting Atmospheric and Low-Pressure Storage 
Tanks Non-Refrigerated and Refrigerated,'' (6th edition, November 
2009).

    Replaces IBR: API Standard 2000, ``Venting Atmospheric and Low-
Pressure Storage Tanks Non-Refrigerated and Refrigerated,'' (5th 
edition, April 1998, errata, November 1999);
    Referenced in 49 CFR 195.264.

American Society for Testing and Materials (ASTM)

--ASTM A53/A53M-10, ``Standard Specification for Pipe, Steel, Black and 
Hot-Dipped, Zinc-Coated, Welded and Seamless,'' (October 2, 2010).
    Replaces IBR: ASTM A53/A53M-07, ``Standard Specification for Pipe, 
Steel,

[[Page 50000]]

Black and Hot-Dipped, Zinc-Coated Welded and Seamless,'' (September 1, 
2007);
    Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; and 
195.106.
--ASTM A106/A106M-10, ``Standard Specification for Seamless Carbon 
Steel Pipe for High-Temperature Service,'' (July 15, 2008).
    Replaces IBR: ASTM A106/A106M-08, ``Standard Specification for 
Seamless Carbon Steel Pipe for High-Temperature Service,'' (July 15, 
2008);
    Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; and 
195.106.
--ASTM A333/A333M-11 (2011), ``Standard Specification for Seamless and 
Welded Steel Pipe for Low-Temperature Service,'' (April 1, 2011).
    Replaces IBR: ASTM A333/A 333M-05, ``Standard Specification for 
Seamless and Welded Steel Pipe for Low-Temperature Service;'' (March 1, 
2005);
    Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; and 
195.106.
--ASTM A372/A372M-10, (reapproved 2005), ``Standard Specification for 
Carbon and Alloy Steel Forgings for Thin-Walled Pressure Vessels,'' 
(October 1, 2010).
    Replaces IBR: ASTM A372/A372M-03 (reapproved), ``Standard 
Specification for Carbon and Alloy Steel Forgings for Thin-Walled 
Pressure Vessels,'' (March 1, 2008);
    Referenced in 49 CFR 192.177.
--ASTM A671/A671M-10, ``Standard Specification for Electric-Fusion-
Welded Steel Pipe for Atmospheric and Lower Temperatures,'' (April 1, 
2010).
    Replaces IBR: ASTM A671-06 (2006) ``Standard Specification for 
Electric-Fusion-Welded Steel Pipe for Atmospheric and Lower 
Temperatures,'' (May 1, 2006);
    Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; and 
195.106.
--ASTM A672-09, ``Standard Specification for Electric-Fusion-Welded 
Steel Pipe for High-Pressure Service at Moderate Temperatures,'' 
(October 1, 2009).
    Replaces IBR: ASTM A672-08, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate 
Temperatures,'' (May 1, 2008);
    Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; 
195.106.
--ASTM A691-09, ``Standard Specification for Carbon and Alloy Steel 
Pipe, Electric-Fusion-Welded for High-Pressure Service at High 
Temperatures,'' (October 1, 2009).
    Replaces IBR: ASTM A691-98 (reapproved 2007), ``Standard 
Specification for Carbon and Alloy Steel Pipe, Electric-Fusion-Welded 
for High-Pressure Service at High Temperatures,'' (November 1, 2007);
    Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; and 
195.106.

Manufacturers Standardization Society of the Valve and Fittings 
Industry, Inc. (MSS)

--MSS SP-44-2010, Standard Practice, ``Steel Pipeline Flanges,'' (2010 
edition).
    Replaces IBR: MSS SP-44-2006, Standard Practice, ``Steel Pipeline 
Flanges,'' (2006 edition);
    Referenced in 49 CFR 192.147.
--MSS SP-75-2008, ``Specification for High Test Wrought Butt Welding 
Fittings,'' (2009 edition).
    Replaces IBR: MSS SP-75-2004, ``Specification for High Test Wrought 
Butt Welding Fittings,'' (2004 edition);
    Referenced in 49 CFR 195.118.

NACE International (NACE)

--NACE Standard SP0502-2010, Standard Practice, ``Pipeline External 
Corrosion Direct Assessment Methodology,'' (June 24, 2010).
    Replaces IBR: NACE SP0502-2008, Standard Practice, ``Pipeline 
External Corrosion Direct Assessment Methodology,'' (reaffirmed March 
20, 2008);
    Referenced in 49 CFR 192.923; 192.925; 192.931; 192.935; 192.939; 
195.588.

National Fire Protection Association (NFPA)

--NFPA-30 (Fire) (2012), ``Flammable and Combustible Liquids Code,'' 
includes Errata 1, Errata 2 (2012 edition, June 20, 2011).
    Replaces IBR: NFPA-30, ``Flammable and Combustible Liquids Code,'' 
(2008 edition, approved August 15, 2007);
    Referenced in 49 CFR 192.735; 195.264.
--NFPA-70 (2011), ``National Electrical Code,'' includes Errata 1, 
Errata 2 (2011 edition, approved September 24, 2010).
    Replaces IBR: NFPA 70 (2008), ``National Electrical Code,'' (NEC 
2008) (Approved August 15, 2007);
    Referenced in 49 CFR 192.163; 192.189.

V. Public Availability of Standards

    All incorporated by reference documents are available for visual 
inspection at the following locations:
--The U.S. Department of Transportation, Pipeline and Hazardous 
Materials Safety Administration, Office of Pipeline Safety, 1200 New 
Jersey Avenue SE., Washington, DC, 20590-0001or any of PHMSA's five 
regional offices (addresses available at: https://www.phmsa.dot.gov/pipeline/about/org);
--The National Archives and Records Administration (NARA), Office of 
the Federal Register (NF), 8601 Adelphi Road, College Park, MD 20740-
6001. For information on the availability of this material at NARA, 
call 202-741-6030 or go to: https://www.archives.gov/federal-register/code-of-federal-regulations/ibr-locations.html; and
--The respective standards developing organizations (SDO) listed in 
Parts 192, 193, and 195.

    All the standards addressed in this NPRM are also available for 
free on the internet. Direct links to those SDO Web sites are be listed 
on the PHMSA Web site at: https://www.phmsa.dot.gov.

VI. Clarifications, Corrections and Edits

    In this NPRM, PHMSA is also proposing non-substantive editorial 
amendments and clarifications to the pipeline safety regulations.

Section 192.283(a)(1)(i)

    In Sec.  192.283 (a)(1)(i), the language ``or paragraph 8.9 
(Sustained Static Pressure Test)'' has been deleted as PHMSA believes 
the reference is an error. Paragraph 8.9 does not exist in ASTM D2513-
99 nor does it appear in several other versions of this referenced 
standard. Staff researched several editions of ASTM D2513, the pipeline 
safety regulations, and Federal Register notices to determine if the 
paragraph may have been associated with a different standard but found 
no reference to paragraph 8.9. Furthermore, PHMSA is proposing to 
delete ``-99'' after ``ASTM D2513'' as this section would pertain to 
both PE and non-PE plastic. The resulting language would read ``In the 
case of thermoplastic pipe, paragraph 6.6 (sustained pressure test) or 
paragraph 6.7 (minimum hydrostatic burst test) of ASTM D2513 
(incorporated by reference, see Sec.  192.7).''

Section195.452 (l)

    Section 195.452(l) states that an operator must maintain certain 
records for review during an integrity management (IM) inspection. 
PHMSA is proposing to clarify this section by specifying that records 
for IM compliance must be maintained for the useful life of the pipe.

Section 199.111

    PHMSA is removing Sec.  199.111 because the requirements conflict 
with 49 CFR Part 40 and create compliance

[[Page 50001]]

confusion. There is currently a conflict between Sec.  199.111 and Part 
40. In Part 40, it states that it is the medical review officer's (MRO) 
responsibility to select the laboratory to which the split sample 
should be sent. However, Sec.  199.111 allows the specimen donor (i.e., 
the covered employee), and not the MRO, to select the testing 
laboratory to which his/her split specimen should be sent for 
corroborating evaluation.
    Moreover, Part 40 requirements preclude testing the split specimen 
through the testing laboratory that evaluated the first specimen (i.e., 
Sample A). Conversely, Sec.  199.111 allows utilizing the testing 
laboratory that tested the first specimen. This is not only contrary to 
Part 40 requirements, but also creates a compliance controversy for 
both the MRO and the operator as to which regulation to comply with.
    PHMSA must enforce both Part 199 and Part 40 requirements and 
therefore PHMSA proposes to eliminate Sec.  199.111 in its entirety.

Editorial Amendments

    PHMSA is proposing to change the ``Centralized IBR sections'' from 
the current table format to a listing. In addition, PHMSA is adding 
standard abbreviations for each of the titles incorporated by 
reference. The purpose of this change is to conform with guidance 
provided by the Federal Register for ``Centralized IBR'' sections, to 
apply a consistent use of terms throughout the regulations (e.g., to 
differentiate between a standard (Std), a specification (Spec), 
recommended practice (RP), or publication (Pub)), and to add the dates 
of certain editions where more than one is referenced. This will ensure 
that operators apply the correct versions of documents incorporated by 
reference and make electronic database searches, (e.g., in the 
Electronic Code of Regulations (e-cfr) https://www.ecfr.gov/cgi-bin/text-idx?tpl=%2Findex.tpl) easier and more accurate. These proposed 
editorial changes include:

--Adding abbreviated titles to the list of standards to be incorporated 
in Sec. Sec.  192.7, 193.2013, and 195.3.
--Revising current titles to abbreviated titles.
--Correcting the reference to the Gas Technology Institute (GTI) 
research document (formerly the Gas Research Institute (GRI)) document 
number from GRI-89/0242 to GTI-04/0049.
--Correcting the reference from the first edition to the third edition 
of API Standard 653, ``Tank Inspection, Repair, Alteration, and 
Reconstruction.''
--Removing an incorrect reference to ASME Boiler & Pressure Code, 
Section VII, Division 2 in Sec.  193.2321.
--Inserting the year of certain standards where more than one edition 
may be applied.
--Inserting the notation ``Incorporated by Reference'' in the 
regulation text, if not included previously.

VII. Regulatory Analyses and Notices

A. Summary/Legal Authority for This Rulemaking

    This NPRM is published under the authority of the Federal pipeline 
safety law (49 U.S.C. 60101 et seq.). Section 60102 authorizes the 
Secretary of Transportation to issue regulations governing design, 
installation, inspection, emergency plans and procedures, testing, 
construction, extension, operation, replacement, and maintenance of 
pipeline facilities. Further, Section 60102(l) of the Federal pipeline 
safety law states that the Secretary shall, to the extent appropriate 
and practicable, update incorporated industry standards adopted as a 
part of the Federal pipeline safety regulations. If adopted as 
proposed, this NPRM would IBR two new editions (one partially 
incorporated) and 21 updated standards of those currently referenced 
standards (wholly or in part). In addition, if adopted as proposed, 
this NPRM would make miscellaneous and editorial changes to the 
pipeline safety regulations.

B. Executive Order 12866, Executive Order 13563, and DOT Regulatory 
Policies and Procedures

    This NPRM is not considered a significant regulatory action under 
section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was 
not subject to review by the Office of Management and Budget. This NPRM 
is also considered non-significant under the Regulatory Policies and 
Procedures of the Department of Transportation (44 FR 11034).
    In accordance with the National Technology and Advancement Act of 
1995 (``the Act'') and OMB Circular A-119, ``Federal Participation in 
the Development and Use of Voluntary Consensus Standards and in 
Conformity Assessment Activities,'' PHMSA periodically reviews and 
updates the standards incorporated by reference to include new 
editions. In this NPRM, if adopted as proposed, we would incorporate 
two new standards API RP 5LT; partially incorporate ASTM D2513-09a 
(except section 4.2 pertaining to rework materials); and update 21 of 
those currently referenced standards and specifications in 49 CFR Parts 
192, 193, and 195. The majority of these standards are created by 
national voluntary consensus standards developing organizations that 
address pipeline design, construction, maintenance, inspection, and 
repair. Others are developed by organizations using a consensus setting 
process to develop guidance in the form of standards, publications, and 
recommended practices. The government decreases the burden on the 
regulated industry by adopting consensus standards that provide the 
most current industry practices and guidance developed together with 
industry experts. This practice is consistent with the National 
Technology and Advancement Act of 1995 and the OMB policy directives. 
This practice also avoids the possibility of burdening industry with 
potentially conflicting regulations and industry practices.
    According to the annual reports submitted by pipeline operators to 
PHMSA, there are over 2,370 entities operating hazardous liquid, 
natural gas transmission, gathering, and distribution systems, and 
liquefied natural gas facilities as of December 31, 2011. The 
incorporation of these standards is not expected to have any additional 
cost of compliance to these entities, but is expected to encourage 
safer long-term growth for the pipeline industry by promoting 
efficiency and economic competition through harmonization of standards.
    PHMSA anticipates the proposals contained in this rule will enhance 
safety and reduce the compliance burden on the regulated industry. 
Industry standards developed and adopted by consensus generally are 
accepted and followed by the pipeline industry, thus assuring that the 
industry is not forced to comply with a number of different standards 
to accomplish the same safety goal.
    In addition to incorporating new and updating existing voluntary 
consensus standards, PHMSA is taking this opportunity to make non-
substantive edits and to clarify regulatory language in certain 
provisions. Since these proposed editorial changes are regarded 
relatively minor, the NPRM would not require pipeline operators to 
undertake any significant new pipeline safety initiatives and would not 
have any cost implications, but would increase the clarity of the 
pipeline safety regulations, promoting improved compliance and safety 
of the nation's pipeline systems.
    Executive Order 13563 is supplemental to and reaffirms the 
principles, structures, and definitions governing regulatory review 
that were

[[Page 50002]]

established in Executive Order 12866 Regulatory Planning and Review of 
September 30, 1993. In addition, Executive Order 13563 specifically 
requires agencies to: (1) Involve the public in the regulatory process; 
(2) promote simplification and harmonization through interagency 
coordination; (3) identify and consider regulatory approaches that 
reduce burden and maintain flexibility; (4) ensure the objectivity of 
any scientific or technological information used to support regulatory 
action; and (5) consider how to best promote retrospective analysis to 
modify, streamline, expand, or repeal existing rules that are outmoded, 
ineffective, insufficient, or excessively burdensome.
    In this NPRM, PHMSA is involving the public in the regulatory 
process in a variety of ways. Specifically, PHMSA is addressing issues 
and errors that were identified and tagged for future rulemaking 
consideration in letters received by the regulated community and 
through meetings and other correspondence with stakeholders. PHMSA is 
asking for public comments based on the proposals in this NPRM. Upon 
receipt of public comment and confirmation of the standards 
availability to the public free of charge on the Internet, PHMSA will 
discuss with the members of its two advisory committees and then 
address all substantive comments in the next rulemaking action under 
this docket.
    The incorporation of the two new editions (one partially) and 
updates to 21 other standards promote simplification and harmonization 
through adoption of consensus standards developed by pipeline experts 
nationwide and internationally. For example, PHMSA is proposing to IBR 
a new standard, API Recommended Practice 5LT, ``Recommended Practice 
for Truck Transportation of Line Pipe,'' (First edition, March 1, 2012) 
to reduce the risk of a pipeline rupture from pipe that is inadequately 
loaded for transportation by truck. This standard will decrease the 
probability of fatigue cracking along the seam of the longitudinal weld 
during transit and thereby improving safety. This action also responds 
to an NTSB recommendation.
    In Sec.  192.283, PHMSA is proposing to IBR ASTM D2513-09a, 
``Standard Specification for Polyethylene (PE) Gas Pressure Pipe, 
Tubing, and Fitting,'' for PE materials (except section 4.2) to ensure 
correct marking of (PE) materials. PHMSA is also seeking public comment 
and additional information on the issue of reworked material (section 
4.2) prior to incorporating that section of the new standard.
    These standards, if adopted as proposed, are expected to produce a 
safety benefit derived from new requirements to safely transport pipe 
by truck and by improved marking specifications of PE pipe.
    There are minimal additional costs. The clarity will result in net 
benefits.

C. Executive Order 13132

    This NPRM was analyzed in accordance with the principles and 
criteria contained in Executive Order 13132 (``Federalism''). This NPRM 
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. This NPRM would not impose substantial direct compliance 
costs on State and local governments nor will it preempt state law for 
intrastate pipelines. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.

D. Executive Order 13175

    PHMSA has analyzed this NPRM according to Executive Order 13175 
(``Consultation and Coordination with Indian Tribal Governments''). 
Because this NPRM 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.

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

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), requires an 
agency to review regulations to assess their impact on small entities 
unless the agency determines the rule is not expected to have a 
significant impact on a substantial number of small entities. This NPRM 
would ensure that pipeline operators are using the new or updated 
editions of technical standards incorporated by reference. In addition, 
this NPRM would improve the clarity of several requirements. There are 
over 2,300 operating entities submitting annual reports describing the 
physical and certain operating characteristics of hazardous liquid, 
natural gas transmission, gathering, and distribution systems, and 
liquefied natural gas facilities as of December 31, 2010. According to 
PHMSA data, Dun and Bradstreet identified about 600 active operating 
entities as a small business (i.e., about 25% of the active operating 
entities may be classified as a small business).
    Codes and standards developed by technical committees are, for the 
most part, comprised of experts who represent the various facets of a 
given industry, such as manufacturers, installers, insurers, 
inspectors, end users, distributors, and regulatory agencies. 
Participants represent both large and small businesses and others. An 
example of the make-up of a typical standards committee may include 
representatives from large and small operating companies (engineers, 
researchers, or risk management officers), government (Federal/state), 
risk management consultants, insurance administrators; academics and 
individuals. Meetings are open to the public. The Committees involved 
in developing, revising and approving consensus standards by 
organizations such as the API or AGA include technical experts, 
operating companies, vendors, consultants, academia and regulators. An 
example of a small business may include technical experts from a 
publicly owned natural gas local distribution company.
    The impact of this NPRM is not expected to be significant and the 
proposed changes are not expected to have any increase in compliance 
cost regardless of the size of the firm. The proposed changes are 
intended to update current editions of industry standards to allow for 
the use of newer or updated safety procedures to promote uniformity 
among industry practices. Changes in standards employing performance-
based approaches have resulted in less costly changes to an 
organization's manufacturing processes.
    Therefore, PHMSA concludes this NPRM would not have a significant 
economic impact on any small entity.
    Consideration of alternative proposals for small businesses--The 
Regulatory Flexibility Act directs agencies to establish expectations 
and differing compliance standards for small businesses, where it is 
possible to do so and still meet the objectives of applicable 
regulatory statutes. In the case of hazardous liquid, natural gas and 
other types of materials transported by pipeline, it is not possible to 
establish exceptions or differing standards and still accomplish our 
safety objectives.
    The impact of this NPRM will be minimal. The proposed changes are 
generally intended to provide industry guidance through adoption of 
newer editions of consensus standards and recommended practices.

[[Page 50003]]

    Based on the facts available about the anticipated impact of this 
rulemaking, I certify, under Section 605 of the Regulatory Flexibility 
Act (5 U.S.C. 605) that this NPRM will not have a significant economic 
impact on a substantial number of small entities.

F. Paperwork Reduction Act

    This NPRM does not impose any new information collection 
requirements.

G. 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.

H. Unfunded Mandates Reform Act of 1995

    This NPRM 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 $132 million) 
or more in any one year to either state, local, or tribal governments, 
in the aggregate, or to the private sector, and would be the least 
burdensome alternative that achieves the objective of the NPRM.

I. Privacy Act Statement

    Anyone may search the electronic form of comments received in 
response to any of our dockets by the name of the individual submitting 
the comment (or signing the comment if submitted for an association, 
business, labor union, etc.). You may review DOT's complete Privacy Act 
Statement in the Federal Register published on April 11, 2000 (65 FR 
19477) or you may visit https://docketsinfo.dot.gov/.

J. Environmental Assessment

    The National Environmental Policy Act of 1969, 42 U.S.C. 4321-4375, 
requires Federal agencies to analyze proposed actions to determine 
whether the action will have a significant impact on the human 
environment. The Council on Environmental Quality (CEQ) regulations 
require Federal agencies to conduct an environmental review 
considering: (1) The need for the proposed action; (2) alternatives to 
the proposed action; (3) probable environmental impacts of the proposed 
action and alternatives; and (4) the agencies and persons consulted 
during the consideration process (40 CFR 1508.9(b)). In this NPRM, 
PHMSA proposes to IBR two new standards (one partially) and to 
incorporate 21 updated standards of those currently-referenced. If 
adopted as proposed, this NPRM would also make miscellaneous and 
editorial changes to the pipeline safety regulations.
    Description of Action: The National Technology Transfer and 
Advancement Act of 1995, directs Federal Agencies to use voluntary 
consensus standards and design specifications developed by voluntary 
consensus standard bodies instead of government-developed voluntary 
technical standards, when applicable. There are currently 64 standards 
incorporated by reference in parts 192, 193, and 195 of the pipeline 
safety regulations.
    PHMSA engineers and subject matter experts participate on 
approximately 25 standards development committees to keep current on 
committee actions. PHMSA will only propose to adopt standards into the 
Federal regulations that meet the agency's directive(s) to ensure the 
best interests of public and environmental safety are served.
    Purpose and Need: Many of the industry standards currently 
incorporated by reference in the pipeline safety regulations have been 
revised and updated to incorporate new technology and methodology. The 
NPRM would consider allowing operators to use this new technology by 
incorporating new editions of the standards into the pipeline safety 
regulations.
    PHMSA technical experts continually review the actions of the 
pipeline standards developing committees and study industry safety 
practices to ensure their endorsement of any new editions or revised 
standards incorporated into the Federal safety regulations will improve 
public safety, as well as, provide protections for the environment. If 
PHMSA does not amend the Federal safety standards to keep up with 
industry practices, it could potentially have an adverse effect on the 
transportation of energy resources.
    Alternatives Considered: In developing the NPRM, we considered two 
alternatives:
    Alternative (1): Take no action and continue to incorporate the 
existing standards currently referenced in the pipeline safety 
regulations.
    Because our goal is to facilitate pipeline safety, we rejected the 
alternative to take no action.
    Alternative (2): Go forward with the proposed amendments and 
incorporate updated editions of voluntary consensus standards to allow 
pipeline operators to use current technologies. This is the selected 
alternative.
    Our goal is to incorporate by reference into the pipeline safety 
regulations all or parts of updated editions of voluntary consensus 
standards to allow pipeline operators to use current technology, new 
materials, and other industry and management practices. In addition, 
PHMSA's goal is to update and clarify certain provisions in the 
regulations. These proposed amendments would make the regulatory 
provisions more consistent with current technology and would therefore 
promote the safe transportation of hazardous liquids, natural and other 
gases, and liquefied natural gas by pipeline.
    If these amendments are adopted as proposed, the pipeline safety 
regulations would not require pipeline operators to undertake any 
significant new pipeline safety initiatives. In fact, by updating 
several of the currently referenced standards, pipeline operators may 
find it easier to comply with certain provisions. For example, the 
GPTC, consisting of approximately 100 members with technical expertise 
in natural gas distribution, transmission, and gathering systems, 
petitioned PHMSA to adopt the 2009a version of ASTM D2513, ``Standard 
Specification for Thermoplastic Gas Pressure Pipe, Tubing and 
Fittings.'' ASTM D2513-09a covers polyethylene (PE), the most widely 
used piping material for gas distribution. This newer edition updates 
outdoor storage requirements for PE pipe and incorporates the new high 
performance PE pipe materials designation codes, with increased long-
term performance requirements. PHMSA is proposing to partially 
incorporate this standard.
    Environmental Consequences: 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. The Federal pipeline regulatory system is a 
risk management system that is prevention oriented and focused on 
identifying a safety hazard and reducing the probability and quantity 
of a natural gas or hazardous liquid material release. Pipeline 
operators are required to develop and implement IM programs. The 
purpose of these programs is to enhance safety by identifying and 
reducing pipeline integrity risks.
    Pipelines subject to this NPRM transport hazardous liquids and 
natural gas and therefore a spill or leak of the product could affect 
the physical environment as well as the health and safety of the 
public. The release of a hazardous liquid and natural gas can

[[Page 50004]]

cause the loss of cultural and historical resources (e.g., properties 
listed on the National Register of Historic Places), biological and 
ecological resources (e.g., coastal zones, wetlands, plant and animal 
species and their habitat, forests, grasslands, offshore marine 
ecosystems), 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), and the 
contamination of air, water resources (e.g., oceans, streams, lakes) 
and soil that exist directly adjacent to and within the vicinity of 
pipelines. Incidents on pipelines can result in fires and explosions, 
resulting in damage to the local environment. Depending on the size of 
a spill or gas leak, and the nature of the failure zone, the potential 
environmental impacts could vary from property damage, environmental 
damage, injuries or, on rare occasions, fatalities.
    Compliance with the pipeline safety regulations substantially 
reduces the possibility of an accidental release of materials. Updating 
industry standards incorporated in the pipeline safety regulations 
adopts the advantages of new technology and enhances safety and 
environmental protection.
    Conclusion--Degree of Environmental Impact: PHMSA proposes to 
incorporate consensus standards that will allow the pipeline industry 
to use improved technologies, new materials, performance-based 
approaches, manufacturing processes or other practices to enhance 
public health, safety and welfare. The goal is to ensure hazardous 
liquids, natural and other gases, and liquefied natural gas transported 
by pipeline will arrive safely to its destination. Therefore, PHMSA has 
preliminarily determined that the selected alternative would not have a 
significant impact on the human environment. PHMSA welcomes comments on 
this initial determination.

K. Executive Order 13211

    Transporting gas affects the nation's available energy supply. 
However, this NPRM 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 NPRM has a 
significant energy action.

List of Subjects

49 CFR Part 192

    Incorporation by Reference, Natural Gas, Pipeline safety.

49 CFR Part 193

    Incorporation by Reference, Liquefied Natural gas, Pipeline safety.

49 CFR Part 195

    Anhydrous ammonia, Carbon Dioxide, Incorporation by Reference, 
Petroleum Pipeline safety.

49 CFR Part 199

    Drug and Alcohol Testing.

    In consideration of the foregoing, PHMSA proposes to amend 49 CFR 
Parts 192, 193, 195, and 199 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.

0
2. Section 192.7 is revised to read as follows:


Sec.  192.7  What documents are incorporated by reference partly or 
wholly in this part?

    (a) This part prescribes standards, or portions thereof, 
incorporated by reference. The material incorporated by reference is 
treated as if it were published in full in the Federal Register (5 
U.S.C. 552(a)) and has the full force of law. The materials listed in 
this section have been approved for IBR by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The 
material is incorporated as it existed on the date of the approval by 
the Federal Register and any changes thereafter will also be published 
in the Federal Register.
    (1) Availability of standards incorporated by reference. All of the 
materials incorporated by reference are available for inspection from 
several sources, including the following:
    (i) The Office of Pipeline Safety, Pipeline and Hazardous Materials 
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC, 
20590-0001. For information contact 1-202-366-202-4046 or go to: https://www.phmsa.dot.gov/pipeline/regs.
    (ii) The National Archives and Records Administration (NARA), 
Office of the Federal Register (OFR), 800 North Capitol Street NW., 
Suite 700, Washington, DC 20001. For information on the availability of 
this material and how to make an appointment, contact NARA, by 
telephone 202-741-6030 or go to: https://www.archives.gov/federal-register/code-of-federal-regulations/ibr-locations.html.
    (iii) The respective standards-developing organizations listed in 
this part.
    (2) For information concerning standards available free of charge 
for visual inspection, please see the links on PHMSA's Web site at: 
https://www.phmsa.dot.gov/pipeline/regs.
    (3) Standards incorporated by reference. The full titles of 
documents incorporated by reference, in whole or in part, are provided 
in this section. The numbers in parentheses indicate applicable 
editions. For each incorporated document, citations of all affected 
sections are provided. Earlier editions of documents listed in this 
section or editions of documents listed in previous editions of 49 CFR 
part 192 may be used for materials and components designed, 
manufactured, or installed in accordance with these earlier documents 
at the time they were listed. The user must refer to the appropriate 
previous edition of 49 CFR part 192 for a listing of the earlier listed 
editions or documents. The full titles of publications incorporated by 
reference wholly or partially in this part are as follows:
    (b) American Petroleum Institute (API), 1220 L Street NW., 
Washington, DC 20005, phone: 202-289-2250, https://api.org/.
    (1) API Recommended Practice 5L1, ``Recommended Practice for 
Railroad Transportation of Line Pipe'' (7th Edition, September 2009), 
(API RP 5L1), IBR approved for Sec.  192.65(a).
    (2) API Recommended Practice 5LT, ``Recommended Practice for Truck 
Transportation of Line Pipe'' (March 12, 2012), (API RP 5LT IBR 
approved for Sec.  192.65(c).).
    (3) API Recommended Practice 5LW, ``Transportation of Line Pipe on 
Barges and Marine Vessels'' (3rd edition, September 2009) (API RP 5LW). 
IBR approved for Sec.  192.65(b).
    (4) API Recommended Practice 80, ``Guidelines for the Definition of 
Onshore Gas Gathering Lines'' (1st edition, April 2000) (API RP 80), 
IBR approved for Sec.  192.8(a).
    (5) API Recommended Practice 1162, ``Public Awareness Programs for 
Pipeline Operators'' (1st edition, December 2003) (API RP 1162), IBR 
approved for Sec.  192.616(a), (b), (c).
    (6) API Recommended Practice 1165, ``Recommended Practice for 
Pipeline SCADA Displays'' (First edition (January 2007)) (API RP 1165), 
IBR approved for Sec.  192.631(c).

[[Page 50005]]

    (7) ANSI/API Specification 5L/ISO 3183, ``Specification for Line 
Pipe'' (45th edition, 12-1-2012) (ANSI/API Spec 5L), IBR approved for 
Sec. Sec.  192.55(e); 192.112(a), (b), (d), (e); 192.113; and Item I, 
Appendix B to Part 192.
    (8) ANSI/API Specification 6D, ``Specification for Pipeline 
Valves'' (23rd edition, April 2008, effective October 1, 2008) and 
errata 3 (Includes Errata 1, 2, 3, 4, 5, and 6 (2011) and Addenda 1 and 
2 (2011)) (ANSI/API Spec 6D), IBR approved for Sec.  192.145(a).
    (9) API Standard 1104, ``Welding of Pipelines and Related 
Facilities'' (20th edition, October 2005, errata/addendum, (July 2007) 
and errata 2 (2008) (API Std 1104) IBR approved for Sec. Sec.  
192.225(a); 192.227(a); 192.229(c); 192.241(c); and Item II, Appendix 
B.
    (c) ASME International (ASME), Three Park Avenue, New York, NY 
10016-5990, 800-843-2763 (U.S/Canada), https://www.asme.org/.
    (1) ASME/ANSI B16.1-2005, ``Gray Iron Pipe Flanges and Flanged 
Fittings: (Classes 25, 125, and 250)'' (August 31, 2006) (ASME/ANSI 
B16.1), IBR approved for Sec.  192.147(c).
    (2) ASME/ANSI B16.5-2003, ``Pipe Flanges and Flanged Fittings'' 
(October 2004) (ASME/ANSI B16.5), IBR approved for Sec. Sec.  
192.147(a) and 192.279.
    (3) ASME/ANSI B31G-1991 (Reaffirmed; 2004), ``Manual for 
Determining the Remaining Strength of Corroded Pipelines'' (ASME/ANSI 
B31G), IBR approved for Sec. Sec.  192.485(c) and 192.933(a).
    (4) ASME/ANSI B31.8-2007, ``Gas Transmission and Distribution 
Piping Systems'' (November 30, 2007) (ASME/ANSI B31.8), IBR approved 
for Sec. Sec.  192.112(b) and 192.619(a).
    (5) ASME/ANSI B31.8S-2004, ``Supplement to B31.8 on Managing System 
Integrity of Gas Pipelines'' (ASME/ANSI B31.8S-2004), IBR approved for 
Sec. Sec.  192.903(c); 192.907(b); 192.911(h), (k), (l), and (m); 
192.913(a), (b), (c); 192.917(a), (b), (c), (d), (e); 192.921(a); 
192.923(b); 192.925(b); 192.927(b), (c); 192.929(b); 192.933(c), (d); 
192.935(a), (b); 192.937(c); 192.939(a); and 192.945(a).
    (6) ASME Boiler & Pressure Vessel Code, Section I, ``Rules for 
Construction of Power Boilers 2007'' (2007 edition, July 1, 2007) (ASME 
BPVC, Section I), IBR approved for Sec.  192.153(b).
    (7) ASME Boiler & Pressure Vessel Code, Section VIII, Division 1 
``Rules for Construction of Pressure Vessels'' (2007 edition, July 1, 
2007) (ASME BPVC, Section VIII, Division 1), IBR approved for 
Sec. Sec.  192.153(a), (b), (d) and 192.165(b).
    (8) ASME Boiler & Pressure Vessel Code, Section VIII, Division 2 
``Alternate Rules, Rules for Construction of Pressure Vessels'' (2007 
edition, July 1, 2007) (ASME BPVC, Section VIII, Division 2), IBR 
approved for Sec.  192.165(b).
    (9) ASME Boiler & Pressure Vessel Code, Section IX: ``Qualification 
Standard for Welding and Brazing Procedures, Welders, Brazers, and 
Welding and Brazing Operators'' (2007 edition, July 1, 2007) (ASME 
BPVC, Section IX), IBR approved for Sec. Sec.  192.225(a); 192.227(a); 
and Item II, Appendix B to Part 192.
    (d) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, PO Box C700, West Conshohocken, PA 19428-2959, phone: 
(610) 832-9585, https://www.astm.org/.
    (1) ASTM A53/A53M-10, ``Standard Specification for Pipe, Steel, 
Black and Hot-Dipped, Zinc-Coated, Welded and Seamless'' (October 2, 
2010) (ASTM A53/A53M), IBR approved for Sec. Sec.  192.113; and Item 
II, Appendix B to Part 192.
    (2) ASTM A106/A106M-10, ``Standard Specification for Seamless 
Carbon Steel Pipe for High-Temperature Service'' (April 1, 2010) (ASTM 
A106/A106M), IBR approved for Sec. Sec.  192.113; and Item I, Appendix 
B to Part 192.
    (3) ASTM A333/A333M-11, ``Standard Specification for Seamless and 
Welded Steel Pipe for Low-Temperature Service'' (April 01, 2011) (ASTM 
A333/A333M), IBR approved for Sec. Sec.  192.113; and Item I, Appendix 
B to Part 192.
    (4) ASTM A372/A372M-10 (reapproved 2008), ``Standard Specification 
for Carbon and Alloy Steel Forgings for Thin-Walled Pressure Vessels'' 
(October 1, 2010) (ASTM A372/A372M), IBR approved for Sec.  192.177(b).
    (5) ASTM A381-96 (reapproved 2005), ``Standard Specification for 
Metal-Arc Welded Steel Pipe for Use with High-Pressure Transmission 
Systems'' (October 1, 2005) (ASTM A381), IBR approved for Sec. Sec.  
192.113; and Item I, Appendix B to Part 192.
    (6) ASTM A578/A578M-96 (re-approved 2001), ``Standard Specification 
for Straight-Beam Ultrasonic Examination of Plain and Clad Steel Plates 
for Special Applications'' (ASTM A578/A578M), IBR approved for Sec.  
192.112(c).
    (7) ASTM A671/A671M-10, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures'' 
(April 1, 2010) (ASTM A671/A671M), IBR approved for Sec. Sec.  192.113; 
and Item I, Appendix B to Part 192.
    (8) ASTM A672-09, ``Standard Specification for Electric-Fusion-
Welded Steel Pipe for High-Pressure Service at Moderate Temperatures'' 
(October 1, 2009). (ASTM A672), IBR approved for Sec. Sec.  192.113 and 
Item I, Appendix B to Part 192.
    (9) ASTM A691-09, ``Standard Specification for Carbon and Alloy 
Steel Pipe, Electric-Fusion-Welded for High-Pressure Service at High 
Temperatures'' (October 1, 2009) (ASTM A691), IBR approved for 
Sec. Sec.  192.113 and Item I, Appendix B to Part 192.
    (10) ASTM D638-03, ``Standard Test Method for Tensile Properties of 
Plastics'' (except for conditioning) (ASTM D638), IBR approved for 
Sec.  192.283(a) and (b).
    (11) ASTM D2513-87, ``Standard Specification for Thermoplastic Gas 
Pressure Pipe, Tubing, and Fittings,'' (for non-polyethylene plastic 
materials only) (ASTM D2513-87), IBR approved for Sec.  192.63(a).
    (12) ASTM D2513-99, ``Standard Specification for Thermoplastic Gas 
Pressure Pipe, Tubing, and Fittings'' (for non-polyethylene plastic 
materials only) (except section 4.2 pertaining to rework) (ASTM D 2513-
99), IBR approved for Sec. Sec.  192.59(d); 192.191(b); 192.281(b); 
192.283(a) and Item 1, Appendix B to Part 192.
    (13) ASTM D2513-09a, ``Standard Specification for Polyethylene (PE) 
Gas Pressure Pipe, Tubing, and Fittings'' (except section 4.2 
pertaining to rework.) (ASTM D2513-09a), IBR approved for Sec. Sec.  
192.59(d); 192.63(a); 192.123(e), 192.191(b); 192.283(a); Item 1, 
Appendix B to Part 192.
    (14) ASTM D2517-00, ``Standard Specification for Reinforced Epoxy 
Resin Gas Pressure Pipe and Fittings'' (ASTM D 2517), IBR approved for 
Sec. Sec.  192.191(a); 192.281(d); 192.283(a) and Item I, Appendix B to 
Part 192.
    (15) ASTM F1055-1998, ``Standard Specification for Electrofusion 
Type Polyethylene Fittings for Outside Diameter Controller Polyethylene 
Pipe and Tubing'' (ASTM F1055), IBR approved for Sec.  192.283(a).
    (e) Gas Technology Institute (GTI), formerly the Gas Research 
Institute (GRI)), 1700 S. Mount Prospect Road, Des Plaines, IL 60018, 
phone: 847-768-0500, www.gastechnology.org.
    (1) GRI 02/0057 (2002) ``Internal Corrosion Direct Assessment of 
Gas Transmission Pipelines Methodology'' (GRI 02/0057), IBR approved 
for Sec.  192.927(c).
    (2) [Reserved]
    (f) Manufacturers Standardization Society of the Valve and Fittings 
Industry, Inc. (MSS), 127 Park St. NE., Vienna, VA, 22180-4602, phone: 
703-281-6613, https://www.mss-hq.org/.
    (1) MSS SP-44-2010, Standard Practice, ``Steel Pipeline Flanges,'' 
(2010

[[Page 50006]]

edition) (MSS SP-44), IBR approved for Sec.  192.147(a).
    (2) [Reserved]
    (g) NACE International (NACE), 1440 South Creek Drive, Houston, TX 
77084-4906, phone: 281-228-6223 or 800-797-6223, https://www.nace.org/Publications/.
    (1) NACE SP0502-2010, Standard Practice, ``Pipeline External 
Corrosion Direct Assessment Methodology'' (June 24, 2010) (NACE 
SP0502), IBR approved for Sec. Sec.  192.923(b); 192.925(b); 
192.931(d); 192.935(b) and 192.939(a).
    (2) [Reserved]
    (h) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, Massachusetts, 02169-7471, phone: 1 617 984-7275, https://www.nfpa.org/.
    (1) NFPA-30 (Fire) (2012), ``Flammable and Combustible Liquids 
Code,'' includes Errata 1, Errata 2 (2012 edition, June 20, 2011) 
(NFPA-30), IBR approved for Sec.  192.735(b).
    (2) NFPA-58 (2004), ``Liquefied Petroleum Gas Code (LP-Gas Code)'' 
(NFPA-58), IBR approved for Sec.  192.11(a), (b), and (c).
    (3) NFPA-59 (2004), ``Utility LP-Gas Plant Code'' (NFPA-59), IBR 
approved for Sec.  192.11(a), (b), and (c).
    (4) NFPA-70 (2011), ``National Electrical Code,'' includes Errata 
1, Errata 2 (2011 edition, approved September 24, 2010) (NFPA-70), IBR 
approved for Sec. Sec.  192.163(c) and 192.189(c).
    (i) Pipeline Research Council International, Inc. (PRCI), c/o 
Technical Toolboxes, 3801 Kirby Drive, Suite 520, P.O. Box 980550, 
Houston, TX 77098-0550, phone: 713-630-0505, toll free: 866-866-6766, 
https://www.ttoolboxes.com/. (Contract number PR-3-805.)
    (1) Pipeline Research Committee Project, PR-3-805, ``A Modified 
Criterion for Evaluating the Remaining Strength of Corroded Pipe,'' 
(December 22, 1989). The R-STRENG program may be used for calculating 
remaining strength. (PRCI PR-3-805 (R-STRENG)), IBR approved for 
Sec. Sec.  192.485(c), 192.933(a) and 192.933(d).
    (2) [Reserved]
    (j) Plastics Pipe Institute, Inc. (PPI), 105 Decker Court, Suite 
825 Irving TX, 75062, phone: 469-499-1044, https://www.plasticpipe.org/.
    (1) PPI TR-3/2008 HDB/HDS/PDB/SDB/MRS Policies (2008), ``Policies 
and Procedures for Developing Hydrostatic Design Basis (HDB), Pressure 
Design Basis (PDB), Strength Design Basis (SDB), and Minimum Required 
Strength (MRS) Ratings for Thermoplastic Piping Materials or Pipe.'' 
(May 2008), IBR approved for Sec.  192.121.
    (2) [Reserved]


Sec.  192.11  [Amended]

0
3. In Sec.  192.11, amend paragraphs (a) and (c), by removing the term 
``ANSI/NFPA 58/59'' and, adding in its place, the terms ``NFPA 58 and 
``NFPA 59 (incorporated by reference, see Sec.  192.7).''


Sec.  192.55  [Amended]

0
4. In Section 192.55, paragraph (e) is amended by removing the term 
``API Specification 5L'' and, adding in its place, the term ``API Spec 
5L ``(incorporated by reference, see Sec.  192.7).''
0
5. In Sec.  192.59, paragraph (d) is added to read as follows:


Sec.  192.59  Plastic Pipe.

* * * * *
    (d) Rework and/or regrind material is not allowed in plastic pipe 
used under this part.


Sec.  192.65  [Amended]

0
6. In Sec.  192.65:
0
a. In paragraph (a)(1), remove the term ``API Recommended Practice 
5L1'' and, add in its place the term, ``API RP 5L1.''
0
b. In paragraph (b), remove the term ``API Recommended Practice 5LW'' 
and, add in its place the term, ``API RP 5LW.''
0
c. Add a new paragraph (c) to read as follows:
* * * * *


Sec.  192.65  Transportation of pipe

* * * * *
    (c) Truck. In a pipeline to be operated at a hoop stress of 20 
percent or more of SMYS, an operator may not use pipe having an outer 
diameter to wall thickness ratio of 70 to 1, or more, that is 
transported by truck unless the transportation is performed in 
accordance with API RP 5LT (incorporated by reference, see Sec.  
192.7).


Sec.  192.112  [Amended]

0
7. Amend Sec.  192.112 paragraphs (a)(4), (b)(1)(i), (b)(1)(iii), 
(d)(1) and (e)(1), by removing the term, ``API Specification 5L'' and, 
add in its place, the term ``API Spec 5L.''
0
8. Amend Sec.  192.112 paragraph (c)(2)(i), by removing the term, ``API 
5L'' and, add in its place the term ``API Spec 5L.''


Sec.  192.113  [Amended]

0
9. Amend Sec.  192.113, Table, by removing the term, ``API 5L'' and, 
add in its place the term ``API Spec 5L.''


Sec.  192.123  [Amended]

0
10. Amend Sec.  192.123 paragraph (e)(2) as follows:
0
a. In paragraph (e)(2), remove the terms ``PE2406 or a PE3408'' and, 
add in their place, ``polyethylene (PE).''
0
b. In paragraph (e)(2), remove the term ``ASTM D2513-99'' and, add in 
its place the term ``ASTM D 2513.''


Sec.  192.145  [Amended]

0
11. Amend Sec.  192.145 paragraph (a), by removing the term ``API 6D'' 
and, adding in its place the term, ``ANSI/API Spec 6D.''


Sec.  192.147  [Amended]

0
12. Amend Sec.  192.147 paragraphs (a) and (c) as follows:
0
a. In paragraph (a), remove the terms ``ASME/ANSI B 16.5, MSS SP-44'' 
and, add in their place the terms, ``ASME/ANSI B 16.5 (incorporated by 
reference, see Sec.  192.7)'' and ``MSS SP-44 (incorporated by 
reference, see Sec.  192.7).''
0
b. In paragraph (c), remove the term ``ASME/ANSI B16.1'' and, add in 
its place the term, ``ASME/ANSI B16.1 (incorporated by reference, see 
Sec.  192.7).''
0
13. In Sec.  192.153, revise paragraphs (a), (b), and (d) to read as 
follows:


Sec.  192.153  Components fabricated by welding.

    (a) Except for branch connections and assemblies of standard pipe 
and fittings joined by circumferential welds, the design pressure of 
each component fabricated by welding, whose strength cannot be 
determined, must be established in accordance with paragraph UG-101 of 
the ASME Boiler and Pressure Vessel Code (BPVC) (Section VIII, Division 
1) (incorporated by reference, see Sec.  192.7).
    (b) Each prefabricated unit that uses plate and longitudinal seams 
must be designed, constructed, and tested in accordance with section 1 
of the ASME BPVC (Section VIII, Division 1 or Section VIII, Division 2) 
(incorporated by reference, see Sec.  192.7), except for the following:
* * * * *
    (d) Except for flat closures designed in accordance with the ASME 
BPVC (Section VIII, Division 1 or 2) flat closures and fish tails may 
not be used on pipe that either operates at 100 p.s.i. (689 kPa) gage 
or more, or is more than 3 inches (76 millimeters) nominal diameter.


Sec.  192.163  [Amended]

0
14. Amend Sec.  192.163, paragraph (e), by removing the term ``National 
Electrical Code, ANSI/NFPA 70'' and adding, in its place, ``NFPA-70.''

[[Page 50007]]

Sec.  192.165  [Amended]

0
15. Amend Sec.  192.165, paragraph (b)(3), by removing the term ``ASME 
Boiler and Pressure Vessel Code'' and adding, in its place the term 
``ASME Boiler and Pressure Vessel Code (BPVC) (incorporated by 
reference, see Sec.  192.7).''


Sec.  192.177  [Amended]

0
16. Amend Sec.  192.177 paragraph (b)(1), by removing the term ``ASTM 
A372/372'' and adding, in its place the term ``ASTM A372/372M 
(incorporated by reference, see Sec.  192.7).''


Sec.  192.189  [Amended]

0
17. Amend Sec.  192.189 paragraph (c), by removing the reference 
``ANSI/NFPA 70'' and adding, in its place the abbreviation ``NFPA-70'' 
and adding, the term ``(incorporated by reference, see Sec.  192.7).''


Sec.  192.225  [Amended]

0
18. Amend Sec.  192.225 paragraph (a), as follows:
0
a. Remove the term ``API 1104'' and add, in its place, the term ``API 
Std 1104.''
0
b. Remove the term ``ASME Boiler and Pressure Vessel Code, ``Welding 
and Brazing Qualifications'' and add, in its place, the term ``ASME 
Boiler and Pressure Vessel Code (BPVC).''


Sec.  192.227  [Amended]

0
19. In Sec.  192.227, paragraph (a) is amended as follows:
0
a. Remove the term ``API 1104'' and add, in its place, the term ``API 
Std 1104.''
0
b. Remove the term ``ASME Boiler and Pressure Vessel Code'' and add, in 
its place, the term ``ASME Boiler and Pressure Vessel Code (BPVC).''


Sec.  192.229  [Amended]

0
20. Amend Sec.  192.229 paragraph (c)(1), by removing the term ``API 
Standard 1104'' and adding, in its place, the term ``API Std 1104.''


Sec.  192.241  [Amended]

0
21. Amend Sec.  192.241 paragraph (c), by removing the terms ``API 
Standard 1104'' and ``API 1104'' and adding, in their place, the term 
``API Std 1104.''


Sec.  192.281  [Amended]

0
22. Amend Sec.  192.281 paragraph (d)(1), by removing the term ``ASTM 
Designation D2517'' and adding, in its place, the term ``ASTM D 2517 
(incorporated by reference, see Sec.  192.7).''


Sec.  192.283  [Amended]

0
23. Amend Sec.  192.283 as follows:
0
a. Revise paragraph (a)(1)(i) to read as set forth below.
0
b. Amend Sec.  192.283 paragraph (a)(1)(iii), by removing the term 
``ASTM Designation F1055'' and adding, in its place, the term ``ASTM 
F1055 (incorporated by reference, see Sec.  192.7).''


Sec.  192.283  Plastic pipe: Qualifying joining procedures.

    (a) * * *
    (1) * * *
    (i) In the case of thermoplastic pipe, paragraph 6.6 (Sustained 
Pressure Test) or paragraph 6.7 (Minimum Hydrostatic Burst Test) of 
ASTM D2513 (except section 4.2 pertaining to rework material) 
(incorporated by reference, see Sec.  192.7).
* * * * *


Sec.  192.485  [Amended]

0
24. Amend Sec.  192.485, paragraph (c) as follows:
0
a. Remove the term ``ASME/ANSI B 31G'' and add, in its place, the term 
``ASME/ANSI B31G (incorporated by reference, see Sec.  192.7).''
0
b. Remove the term, ``AGA Pipeline Research Committee Project PR 3-805 
(with RSTRENG disk)'' and add, in its place, the term ``PRCI PR 3-805 
(R-STRENG) (incorporated by reference, see Sec.  192.7).''


Sec.  192.735  [Amended]

0
25. Amend Sec.  192.735 paragraph (b) by removing the term, ``National 
Fire Protection Association Standard No. 30'' and adding, in its place, 
the term ``NFPA-30 (incorporated by reference, see Sec.  192.7).''


Sec.  192.903  [Amended]

0
26. Amend Sec.  192.903, in the Note, by removing the term ``ASME/ANSI 
B31.8S-2001 (Supplement to ASME B31.8; incorporated by reference, see 
Sec.  192.7)'' and adding, in its place, the term ``ASME/ANSI B31.8S 
(incorporated by reference, see Sec.  192.7).''
0
27. In Sec.  192.923, paragraphs (a) and (b) are revised to read as 
follows:


Sec.  192.923  How is direct assessment used and for what threats?

    (a) General. An operator may use direct assessment either as a 
primary assessment method or as a supplement to the other assessment 
methods allowed under this subpart. An operator may only use direct 
assessment as the primary assessment method to address the identified 
threats of external corrosion (EC), internal corrosion (IC), and stress 
corrosion cracking (SCC).
    (b) Primary method. An operator using direct assessment as a 
primary assessment method must have a plan that complies with the 
requirements in--
    (1) ASME/ANSI B31.8S (incorporated by reference, see Sec.  192.7) 
section 6.4, NACE SP0502 (incorporated by reference, see Sec.  192.7), 
and Sec.  192.925 if addressing external corrosion (EC).
    (2) ASME/ANSI B31.8S (incorporated by reference, see Sec.  192.7), 
section 6.4, appendix B2, andSec.  192.927 if addressing internal 
corrosion (IC).
    (3) ASME/ANSI B31.8S, appendix A3, and Sec.  192.929 if addressing 
stress corrosion cracking (SCC).
* * * * *
0
28. In Sec.  192.933, revise paragraphs (a)(1), and (d)(1)(i) to read 
as follows:


Sec.  192.933  What actions must be taken to address integrity issues?

    (a) * * *
    (1) Temporary pressure reduction. If an operator is unable to 
respond within the time limits for certain conditions specified in this 
section, the operator must temporarily reduce the operating pressure of 
the pipeline or take other action that ensures the safety of the 
covered segment. An operator must determine any temporary reduction in 
operating pressure required by this section using ASME/ANSI B31G 
(incorporated by reference, see Sec.  192.7) or Pipeline Research 
Council, International, PR-3-805 (R-STRENG) (incorporated by reference, 
see Sec.  192.7) or reduce the operating pressure to a level not 
exceeding 80 percent of the level at the time the condition was 
discovered. An operator must notify PHMSA in accordance with Sec.  
192.949 if it cannot meet the schedule for evaluation and remediation 
required under paragraph (c) of this section and cannot provide safety 
through temporary reduction in operating pressure or other action. An 
operator must also notify a state pipeline safety authority when either 
a covered segment is located in a state where PHMSA has an interstate 
agent agreement, or an intrastate covered segment is regulated by that 
state.
* * * * *
    (d) * * *
    (1) * * *
    (i) A calculation of the remaining strength of the pipe shows a 
predicted failure pressure less than or equal to 1.1 times the maximum 
allowable operating pressure at the location of the anomaly. Suitable 
remaining strength calculation methods include, ASME/ANSI B31G 
(incorporated by reference, see Sec.  192.7); PRCI PR-3-805 (R-STRENG) 
(incorporated by reference, see Sec.  192.7); or an alternative 
equivalent method of remaining strength calculation.
* * * * *

[[Page 50008]]

Sec.  192.939  [Amended]

0
29. Amend Sec.  192.939 paragraph (a)(1)(ii), by removing the term 
``ASME B31.8S'' and adding, in its place the term, ``ASME B31.8S 
(incorporated by reference, see Sec.  192.7).''
0
30. Amend Appendix B to Part 192--Qualification of Pipe parts (I) and 
(II) as follows:
0
a. Revise Part I of Appendix B to Part 192 to read as set forth below.
0
b. Amend the second paragraph of Appendix B to Part 192, Part II, A, by 
removing the term ``ASTM A53'' and adding, in its place the term, 
``ASTM A53/A53M-10.''

Appendix B to Part 192--Qualification of Pipe

I. Listed Pipe Specifications

    ANSI/API Specification 5L/ISO 3183--Steel pipe, ``Specification 
for Line Pipe'' (incorporated by reference, see Sec.  192.7).
    ASTM A53/A53M--Steel pipe, ``Standard Specification for Pipe, 
Steel Black and Hot-Dipped, Zinc-Coated, Welded and Seamless'' 
(incorporated by reference, see Sec.  192.7).
    ASTM A106/A106M--Steel pipe, ``Standard Specification for 
Seamless Carbon Steel Pipe for High Temperature Service'' 
(incorporated by reference, see Sec.  192.7).
    ASTM A333/A333M--Steel pipe, ``Standard Specification for 
Seamless and Welded Steel Pipe for Low Temperature Service'' 
(incorporated by reference, see Sec.  192.7).
    ASTM A381--Steel pipe, ``Standard Specification for Metal-Arc-
Welded Steel Pipe for Use with High-Pressure Transmission Systems'' 
(incorporated by reference, see Sec.  192.7).
    ASTM A671/A671M--Steel pipe, ``Standard Specification for 
Electric-Fusion-Welded Pipe for Atmospheric and Lower Temperatures'' 
(incorporated by reference, see Sec.  192.7).
    ASTM A672--Steel pipe, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate 
Temperatures'' (incorporated by reference, see Sec.  192.7).
    ASTM A691--Steel pipe, ``Standard Specification for Carbon and 
Alloy Steel Pipe, Electric-Fusion-Welded for High Pressure Service 
at High Temperatures'' (incorporated by reference, see Sec.  192.7).
    ASTM D2513-87--Thermoplastic pipe and tubing, ``Standard 
Specification for Thermoplastic Gas Pressure Pipe, Tubing, and 
Fittings'' (incorporated by reference, see Sec.  192.7).
    ASTM D2513-99--Non-polyethylene thermoplastic pipe and tubing, 
``Standard Specification for Thermoplastic Gas Pressure Pipe, 
Tubing, and Fittings'' (except section 4.2 pertaining to rework 
material), (incorporated by reference, see Sec.  192.7).
    ASTM D2513-09a--Polyethylene thermoplastic pipe and tubing, 
``Standard Specification for Polyethylene (PE) Gas Pressure Pipe, 
Tubing, and Fittings'' (except section 4.2 pertaining to rework 
material) (incorporated by reference, see Sec.  192.7).
    ASTM D2517--Thermosetting plastic pipe and tubing, ``Standard 
Specification for Reinforced Epoxy Resin Gas Pressure Pipe and 
Fittings'' (incorporated by reference, see Sec.  192.7).
* * * * *

PART 193--LIQUEFIED NATURAL GAS FACILITIES: FEDERAL SAFETY 
STANDARDS

0
31. The authority citation for part 193 continues to read as follows:

    Authority: 49 U.S.C. 5103, 60102, 60103, 60104, 60108, 60109, 
60110, 60113, 60118; and 49 CFR 1.53.


Sec. Sec.  193.2019, 193.2051, 193.2301, 193.2303, 193.2401, 193.2521, 
193.2639, and 193.2801  [Amended]

0
32. In 49 CFR Part 193, remove the term ``NFPA 59A'' and add, in its 
place ``NFPA-59A (2001),'' everywhere it appears in the following 
sections:
    a. Section 193.2019 (a);
    b. Section 193.2051;
    c. Section 193.2057, introductory text;
    f. Section 193.2301, introductory text;
    g. Section 193.2303;
    h. Section 193.2401;
    i. Section 193.2521;
    j. Section 193.2639 paragraph (a); and
    k. Section 193.2801.
0
33. Section 193.2013 is revised to read as follows:


Sec.  193.2013  Incorporation by Reference.

    (a) This part prescribes standards, or portions thereof, 
incorporated by reference (IBR). The material incorporated by reference 
is treated as if it were published in full in the Federal Register (5 
U.S.C. 552(a)) and has the full force of law. The materials listed in 
this section have been approved for IBR by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The 
material is incorporated as it existed on the date of the approval by 
the Federal Register and any changes thereafter will also be published 
in the Federal Register.
    (1) Availability of standards incorporated by reference. All of the 
materials incorporated by reference are available for inspection from 
several sources, including the following:
    (i) The Office of Pipeline Safety, Pipeline and Hazardous Materials 
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 
20590-0001. For information contact 1-202-366-202-4046 or go to: https://www.phmsa.dot.gov/pipeline/regs.
    (ii) (A) The National Archives and Records Administration (NARA), 
Office of the Federal Register (OFR), 800 North Capitol Street NW., 
Suite 700, Washington, DC 20001.
    (B) For information on the availability of this material and how to 
make an appointment, contact NARA, by telephone 202-741-6030 or go to: 
https://www.archives.gov/federal-register/code-of-federal-regulations/ibr-locations.html.
    (iii) The respective standards-developing organizations listed in 
this section.
    (2) For information concerning standards available free of charge 
for visual inspection, please see the links on PHMSA's Web site at: 
https://www.phmsa.dot.gov/pipeline/regs.
    (3) Standards incorporated by reference. The full titles of 
documents incorporated by reference, in whole or in part, are provided 
herein. The numbers in parentheses indicate applicable editions. For 
each incorporated document, citations of all affected sections are 
provided. Earlier editions of currently listed documents or editions of 
documents listed in previous editions of 49 CFR part 193 may be used 
for materials and components designed, manufactured, or installed in 
accordance with these earlier documents at the time they were listed. 
The user must refer to the appropriate previous edition of 49 CFR part 
193 for a listing of the earlier listed editions or documents. The full 
titles of publications incorporated by reference wholly or partially in 
this part are as follows:
    (b) American Gas Association (AGA), 400 North Capitol Street NW., 
Washington, DC 20001, phone: 1-202-824-7000, https://www.aga.org/.
    (1) ``Purging Principles and Practices'' (3rd edition, 2001), IBR 
approved for Sec. Sec.  193.2513 (b) and (c); 193.2517 and 193.2615 
(a).
    (c) American Petroleum Institute (API), 1220 L Street NW., 
Washington, DC 20005, phone: 202-289-2250, https://api.org/.
    (1) API Standard 620 ``Design and Construction of Large, Welded, 
Low-Pressure Storage Tanks'' (11th edition February 2008, addendum 1, 
March 2009), and addendum 2 (2010) (API Std 620), IBR approved for 
Sec. Sec.  193.2101(b) and 193.2321 (b).
    (2) [Reserved]
    (d) American Society of Civil Engineers (ASCE), 1801 Alexander Bell 
Drive, Reston, VA 20191, (800) 548-2723, (703) 295-6300 
(International), https://www.asce.org.
    (1) ASCE/SEI 7-05 ``Minimum Design Loads for Buildings and Other 
Structures'' (2005 edition, includes supplement No. 1 and Errata) 
(ASCE/SEI 7-05), IBR approved for Sec.  193.2067 (b).
    (2) [Reserved]
    (e) ASME International (ASME), Three Park Avenue, New York, NY

[[Page 50009]]

10016-5990, 800-843-2763 (U.S./Canada), https://www.asme.org/.
    (1) ASME Boiler & Pressure Vessel Code, Section VIII, Division 1 
``Rules for Construction of Pressure Vessels'' (2007 edition, July 1, 
2007) (ASME BPVC, Section VIII, Division 1), IBR approved for Sec.  
193.2321 (a).
    (2) [Reserved]
    (f) Gas Technology Institute (GTI), formerly the Gas Research 
Institute (GRI)), 1700 S. Mount Prospect Road, Des Plaines, IL 60018, 
phone: 847-768-0500, www.gastechnology.org.
    (1) GRI-96/0396.5, ``Evaluation of Mitigation Methods for 
Accidental LNG Releases, Volume 5: Using FEM3A for LNG Accident 
Consequence Analyses'' (April 1997) (GRI-96/0396.5), IBR approved for 
Sec.  193.2059 (a).
    (2) GTI-04/0032 LNGFIRE3: A Thermal Radiation Model for LNG Fires 
(March 2004) (GTI-04/0032 LNGFIRE3), IBR approved for Sec.  193.2057 
(a).
    (3) GTI-04/0049 (April 2004) ``LNG Vapor Dispersion Prediction with 
the DEGADIS 2.1: Dense Gas Dispersion Model for LNG Vapor Dispersion'' 
(GTI-04/0049), IBR approved for Sec.  193.2059 (a).
    (g) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, Massachusetts d02169-7471, phone: 1 617 984-7275, https://www.nfpa.org/.
    (1) NFPA 59A, (2001) ``Standard for the Production, Storage, and 
Handling of Liquefied Natural Gas (LNG)'' (NFPA-59A-2001), IBR approved 
for Sec. Sec.  193.2019; 193.2051; 193.2057; 193.2059; 193.2101 (a); 
193.2301; 193.2303; 193.2401; 193.2521; 193.2639 and 193.2801.
    (2) NFPA 59A, (2006) ``Standard for the Production, Storage, and 
Handling of Liquefied Natural Gas (LNG)'' (2006 edition, Approved 
August 18, 2005) (NFPA-59A-2006), IBR approved for Sec. Sec.  193.2101 
(b) and 193.2321 (b).


Sec.  193.2059  [Amended]

0
34. Amend Sec.  193.2059 as follows:
0
a. Amend the introductory text, by removing the term ``NFPA 59A'' and 
adding, in its place, the term ``NFPA-59A-2001.''
0
b. Amend paragraph (a) by removing the words, ``Gas Research Institute 
report GRI-89/0242 (incorporated by reference, see Sec.  193.2013), 
``LNG Vapor Dispersion Prediction with the DEGADIS Dense Gas Dispersion 
Model'' and adding, in its place, ``GTI-04/0049, ``LNG Vapor Dispersion 
Prediction with the DEGADIS 2.1 Dense Gas Dispersion Model'' 
(incorporated by reference, see 193.2013).''
0
c. Amend paragraph (c), by removing the term ``NFPA 59A'' and adding, 
in its place, the term, ``NFPA-59A-2001.''


Sec.  193.2067  [Amended]

0
35. Amend Sec.  193.2067 paragraph (b)(1), by removing the term ``ASCE/
SEI 7-05'' and adding, in its place the term, ``ASCE/SEI 7.''
0
36. In Sec.  193.2321, revise paragraphs (a), (b)(1), and (b)(2) to 
read as follows:


Sec.  193.2321  Nondestructive tests.

    (a) The butt welds in metal shells of storage tanks with internal 
design pressure above 15 psig must be nondestructively examined in 
accordance with the ASME Boiler and Pressure Vessel Code (BPVC) 
(Section VIII, Division 1) (incorporated by reference, see Sec.  
193.2012), except that 100 percent of welds that are both longitudinal 
(or meridional) and circumferential (or latitudinal) of hydraulic load 
bearing shells with curved surfaces that are subject to cryogenic 
temperatures must be nondestructively examined in accordance with the 
ASME BPVC (Section VIII, Division 1).
    (b) * * *
    (1) Section 7.3.1.2 of NFPA-59A (2006), (incorporated by reference, 
see Sec.  193.2012);
    (2) Appendices Q and C of API Std 620, (incorporated by reference, 
see Sec.  193.2012);
* * * * *


Sec.  193.2513  [Amended]

0
37. Amend Sec.  193.2513, paragraphs (b)(1) and (c)(5), by removing the 
term ``AGA, ``Purging Principles and Practice'' and adding, in its 
place, ``AGA, ``Purging Principles and Practices'' (incorporated by 
reference, see Sec.  193.2012).''


Sec.  193.2517  [Amended]

0
38. Amend Sec.  193.2517, by removing the words ``AGA, ``Purging 
Principles and Practice'' and adding, in its place, ``AGA, ``Purging 
Principles and Practices'' (incorporated by reference, see Sec.  
193.2012).''

PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

0
39. The authority citation for part 195 continues to read as follows:

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


Sec. Sec.  195.5 and 193.406   [Amended]

0
40. Amend 49 CFR part 195, by removing the term ``ASME B31.8'' and 
adding, in its place, the term ``ASME/ANSI B31.8 (incorporated by 
reference, see Sec.  195.3),'' in the following sections.
0
a. Section 195.5 paragraph (a)(1)(i);
0
b. Section 195.406 paragraph (a)(1)(i).
0
41. Section 195.3 is revised to read as follows:


Sec.  195.3  Incorporation by Reference.

    (a) This part prescribes standards, or portions thereof, 
incorporated by reference (IBR). The material incorporated by reference 
is treated as if it were published in full in the Federal Register (5 
U.S.C. 552(a)) and has the full force of law. The materials listed in 
this section have been approved for IBR by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. The 
material is incorporated as it existed on the date of the approval by 
the Federal Register and any changes thereafter will also be published 
in the Federal Register.
    (1) Availability of standards incorporated by reference. All of the 
materials incorporated by reference are available for inspection from 
several sources, including the following:
    (i) The Office of Pipeline Safety, Pipeline and Hazardous Materials 
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC, 
20590-0001. For information contact 1-202-366-202-4046 or go to: https://www.phmsa.dot.gov/pipeline/regs.
    (ii) (A) The National Archives and Records Administration (NARA), 
Office of the Federal Register (OFR), 800 North Capitol Street NW., 
Suite 700, Washington, DC 20001.
    (B) For information on the availability of this material and how to 
make an appointment, contact NARA, by telephone 202-741-6030 or go to: 
https://www.archives.gov/federal-register/code-of-federal-regulations/ibr-locations.html.
    (iii) The standards-developing organization listed in this section.
    (2) For information concerning standards available free of charge 
for visual inspection, please see the links on PHMSA's Web site at: 
https://www.phmsa.dot.gov/pipeline/regs.
    (3) Standards incorporated by reference. The full titles of 
documents incorporated by reference, in whole or in part, are provided 
herein. The numbers in parentheses indicate applicable editions. For 
each incorporated document, citations of all affected sections are 
provided. Earlier editions of currently listed documents or editions of 
documents listed in previous editions of 49 CFR part 195 may be used 
for materials and components designed, manufactured, or installed in 
accordance with these earlier documents at the time they were listed. 
The user must refer to the appropriate previous edition of 49 CFR part 
195 for a listing of the earlier listed editions or documents. The full 
titles of

[[Page 50010]]

publications incorporated by reference wholly or partially in this part 
are as follows:
    (b) American Petroleum Institute (API), 1220 L Street NW., 
Washington, DC 20005, phone: 202-289-2250, https://api.org/.
    (1) API Publication 2026, ``Safe Access/Egress Involving Floating 
Roofs of Storage Tanks in Petroleum Service'' (2nd edition, April 1998, 
reaffirmed June 2006) (API Pub 2026), IBR approved for Sec.  195.405 
(b).
    (2) API Recommended Practice 5L1 ``Recommended Practice for 
Railroad Transportation of Line Pipe'' (7th Edition, September 2009) 
(API RP 5L1), IBR approved for Sec.  195.207 (a).
    (3) API Recommended Practice 5LT, ``Recommended Practice for Truck 
Transportation of Line Pipe'' (March 12, 2012) (API RP 5LT), IBR 
approved for Sec.  195.207 (c).
    (4) API Recommended Practice 5LW, ``Transportation of Line Pipe on 
Barges and Marine Vessels'' (3rd edition, September 2009) (API RP 5LW), 
IBR approved for Sec.  195.207 (b).
    (5) ANSI/API Recommended Practice 651, ``Cathodic Protection of 
Aboveground Petroleum Storage Tanks'' (3rd edition, January 2007) 
(ANSI/API RP 651), IBR approved for Sec. Sec.  195.565 and 195.573 (d).
    (6) ANSI/API Recommended Practice 652, ``Linings of Aboveground 
Petroleum Storage Tank Bottoms'' (3rd edition, October 2005) (API RP 
652), IBR approved for Sec.  195.579 (d).
    (7) API Recommended Practice 1130, ``Computational Pipeline 
Monitoring for Liquids: Pipeline Segment'' (1st edition, September 
2007) (API RP 1130), IBR approved for Sec. Sec.  195.134 and 195.444.
    (8) API Recommended Practice 1162, ``Public Awareness Programs for 
Pipeline Operators'' (1st edition, December 2003) (API RP 1162), IBR 
approved for Sec.  195.440 (a), (b) and (c).
    (9) API Recommended Practice 1165 ``Recommended Practice for 
Pipeline SCADA Displays'' (First edition (January 2007)) (API RP 1165), 
IBR approved for Sec.  195.446 (c).
    (10) API Recommended Practice 1168 ``Pipeline Control Room 
Management'' First Edition (September 2008) (API RP 1168), IBR approved 
for Sec.  195.446 (c) and (f).
    (11) API Recommended Practice 2003, ``Protection against Ignitions 
Arising out of Static, Lightning, and Stray Currents'' (7th edition, 
January 2008) (API RP 2003), IBR approved for Sec.  195.405.
    (12) API Recommended Practice 2350, ``Overfill Protection for 
Storage Tanks in Petroleum Facilities''' (3rd edition, January 2005) 
(API RP 2350), IBR approved for Sec.  195.428 (c).
    (13) ANSI/API Specification 5L/ISO 3183 ``Specification for Line 
Pipe'' ANSI/API Specification 5L/ISO 3183 ``Specification for Line 
Pipe'' (45th edition, 12-1-2012) (ANSI/API Spec 5L), IBR approved for 
Sec.  195.106.
    (14) ANSI/API Specification 6D, ``Specification for Pipeline 
Valves'' (23rd edition, April 2008, effective October 1, 2008) and 
errata 3 (Includes Errata 1, 2, 3, 4, 5, and 6 (2011) and Addenda 1 and 
2 (2011)) (ANSI/API Spec 6D), IBR approved for Sec.  195.116.
    (15) API Specification 12F, ``Specification for Shop Welded Tanks 
for Storage of Production Liquids'' (12th edition, October 2008, 
including errata 2008) (API Spec 12F), IBR approved for Sec. Sec.  
195.132; 195.205; 195.264; 195.307; 195.565; and 195.579.
    (16) API Standard 510, ``Pressure Vessel Inspection Code: In-
Service Inspection, Rating, Repair, and Alteration'' (9th edition, June 
2006) (API Std 510), IBR approved for Sec. Sec.  195.205 and 195.432.
    (17) API Standard 620, ``Design and Construction of Large, Welded, 
Low-Pressure Storage Tanks'' (11th edition February 2008, addendum 1, 
March 2009), and includes addendum 2 (2010) (API Std 620), IBR approved 
for Sec. Sec.  195.132; 195.205; 195.264; and 195.307, 195.565, and 
195.620.
    (18) API Standard 650, ``Welded Steel Tanks for Oil Storage'' (11th 
edition, June 2007), includes addendum 1 (November 2008), addendum 2 
(November 2009), addendum 3 (August 2011), and errata (February 2012) 
(API Std 650), IBR approved for Sec. Sec.  195.132; 195.205; 195.264; 
195.307; 195.565; and 195.579.
    (19) API Standard 653, ``Tank Inspection, Repair, Alteration, and 
Reconstruction'' (3rd edition, December 2001, includes addendum 1 
(September 2003), addendum 2 (November 2005), addendum 3 (February 
2008), and errata (April 2008)) (except--section 6.4.3) (API Std 653), 
IBR approved for Sec. Sec.  195.205 (b); 195.307 (d) and 195.432 (b).
    (20) API Standard 1104, ``Welding of Pipelines and Related 
Facilities'' (20th edition, October 2005, errata/addendum (July 2007) 
and, errata 2 (2008) (API Std 1104), IBR approved for Sec. Sec.  
195.222 (a) and 195.228 (b).
    (21) API Standard 2000, ``Venting Atmospheric and Low-Pressure 
Storage Tanks'' (6th edition, November 1, 2009) (API Std 2000), IBR 
approved for Sec.  195.264 (e).
    (22) API Standard 2510, ``Design and Construction of LPG 
Installations'' (8th edition, 2001) (API Std 2510), IBR approved for 
Sec. Sec.  195.132 (b); 195.205 (b); 195.264 (b) & (e); 195.307 (e); 
195.428 (c) and 195.432 (c).
    (c) ASME International (ASME), Two Park Avenue, New York, NY 10016-
5990, 800-843-2763 (U.S/Canada), https://www.asme.org/.
    (1) ASME/ANSI B16.9-2007, ``Factory-Made Wrought Buttwelding 
Fittings'' (December 7, 2007) (ASME/ANSI B16.9), IBR approved for Sec.  
195.118 (a).
    (2) ASME/ANSI B31G-1991 (Reaffirmed; 2004), ``Manual for 
Determining the Remaining Strength of Corroded Pipelines'' (ASME/ANSI 
B31G), IBR approved for Sec. Sec.  195.452 (h) and 195.587.
    (3) ASME/ANSI B31.4-2006, ``Pipeline Transportation Systems for 
Liquid Hydrocarbons and Other Liquids'' (October 20, 2006) (ASME/ANSI 
B31.4), IBR approved for Sec. Sec.  195.110.
    (4) ASME/ANSI B31.8-2007, ``Gas Transmission and Distribution 
Piping Systems'' (November 30, 2007) (ASME/ANSI B31.8), IBR approved 
for Sec. Sec.  195.5 (a) and 195.406 (a).
    (5) 2007 ASME Boiler & Pressure Vessel Code, Section VIII, Division 
1 ``Rules for Construction of Pressure Vessels'' (2010 edition, July 1, 
2007) (ASME BPVC, Section VIII, Division 1), IBR approved for 
Sec. Sec.  195.124 and 195.307 (e).
    (6) 2007 ASME Boiler & Pressure Vessel Code, Section VIII, Division 
2 ``Alternate Rules, Rules for Construction of Pressure Vessels'' (2010 
edition, July 1, 2007) (ASME BPVC, Section VIII, Division 2), IBR 
approved for Sec.  195.307 (e).
    (7) 2007 ASME Boiler & Pressure Vessel Code, Section IX: 
``Qualification Standard for Welding and Brazing Procedures, Welders, 
Brazers, and Welding and Brazing Operators'' (2007 edition, July 1, 
2007) (ASME BPVC, Section IX), IBR approved for Sec.  195.307 (e).
    (d) American Society for Testing and Materials (ASTM), 100 Barr 
Harbor Drive, PO Box C700, West Conshohocken, PA 119428-2959, phone: 
(610) 832-9585, https://www.astm.org/.
    (1) ASTM A53/A53M-10, ``Standard Specification for Pipe, Steel, 
Black and Hot-Dipped, Zinc-Coated, Welded and Seamless'' (October 2, 
2010) (ASTM A53/A53M), IBR approved for Sec.  195.106.
    (2) ASTM A106/A106M-10, ``Standard Specification for Seamless 
Carbon Steel Pipe for High-Temperature Service'' (April 1, 2010) (ASTM 
A106/A106M), IBR approved for Sec.  195.106 (e).
    (3) ASTM A333/A333M-11, ``Standard Specification for Seamless

[[Page 50011]]

and Welded Steel Pipe for Low-Temperature Service'' (April 01, 2011) 
(ASTM A333/A333M), IBR approved for Sec.  195.106 (e).
    (4) ASTM A381-96 (reapproved 2005), ``Standard Specification for 
Metal-Arc Welded Steel Pipe for Use with High-Pressure Transmission 
Systems'' (October 1, 2005) (ASTM A381), IBR approved for Sec.  195.106 
(e).
    (5) ASTM A671/A671M-10, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures'' 
(April 1, 2010) (ASTM A671/A671M), IBR approved for Sec.  195.106 (e).
    (6) ASTM A672-09, ``Standard Specification for Electric-Fusion-
Welded Steel Pipe for High-Pressure Service at Moderate Temperatures'' 
(October 1, 2009) (ASTM A672), IBR approved for Sec.  195.106 (e).
    (7) ASTM A691-09, ``Standard Specification for Carbon and Alloy 
Steel Pipe, Electric-Fusion-Welded for High-Pressure Service at High 
Temperatures'' (October 1, 2009) (ASTM A691), IBR approved for Sec.  
195.106 (e).
    (e) Manufacturers Standardization Society of the Valve and Fittings 
Industry, Inc. (MSS), 127 Park St. NE., Vienna, VA 22180-4602, phone: 
703-281-6613, https://www.mss-hq.org/.
    (1) MSS SP-75-2008, ``Specification for High Test Wrought Butt 
Welding Fittings'' (MSS SP 75), IBR approved for Sec.  195.118 (a).
    (2) [Reserved]
    (f) NACE International (NACE), 1440 South Creek Drive, Houston, TX 
77084-4906, phone: 281-228-6223 or 800-797-6223, https://www.nace.org/Publications/.
    (1) NACE SP0169-2007, Standard Practice, ``Control of External 
Corrosion on Underground or Submerged Metallic Piping Systems'' 
(reaffirmed March 15, 2007) (NACE SP0169), IBR approved for Sec. Sec.  
195.571 and 195.573 (a)(2).
    (2) NACE SP0502-2010, Standard Practice, ``Pipeline External 
Corrosion Direct Assessment Methodology'' (June 24, 2010) (NACE 
SP0502), IBR approved for Sec.  195.588 (b).
    (g) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, Massachusetts 02169-7471, phone: 1 617 984-7275, https://www.nfpa.org/.
    (1) NFPA-30 (Fire) (2012), ``Flammable and Combustible Liquids 
Code,'' includes Errata 1, Errata 2 (2012 edition, June 20, 2011) 
(NFPA-30), IBR approved for Sec.  195.264 (b).
    (2) [Reserved]
    (h) Pipeline Research Council International, Inc. (PRCI), c/o 
Technical Toolboxes, 3801 Kirby Drive, Suite 520, P. O. Box 980550, 
Houston, TX 77098-0550, phone: 713-630-0505, toll free: 866-866-6766, 
https://www.ttoolboxes.com/. (Formerly publication number AGA Project 
PR-3-805.)
    (1) 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. (PRCI PR-3-805 (R-STRENG)), IBR approved for Sec.  
195.587.
    (2) [Reserved]
0
42. Amend Sec.  195.106 as follows:
0
a. In paragraph (b)(1)(i), remove the term ``API Specification 5L'' 
and, add in its place, the term ``ANSI/API Spec 5L (incorporated by 
reference, see Sec.  195.3).''
0
b. Revise paragraph (e) to read as follows:


Sec.  195.106  Internal design pressure.

* * * * *
    (e)(1) The seam joint factor used in paragraph (a) of this section 
is determined in accordance with the following standards incorporated 
by reference (see Sec.  195.3):

----------------------------------------------------------------------------------------------------------------
                 Specification                               Pipe class                   Seam joint factor
----------------------------------------------------------------------------------------------------------------
ASTM A53/A53M..................................  Seamless.........................                          1.00
                                                 Electric resistance welded.......                          1.00
                                                 Furnace lap welded...............                          0.80
                                                 Furnace butt welded..............                          0.60
ASTM A106/A106M................................  Seamless.........................                          1.00
ASTM A333/A333M................................  Seamless.........................                          1.00
                                                 Welded...........................                          1.00
ASTM A381......................................  Double submerged arc welded......                          1.00
ASTM A671/A671M................................  Electric-fusion-welded...........                          1.00
ASTM A672......................................  Electric-fusion-welded...........                          1.00
ASTM A691......................................  Electric-fusion-welded...........                          1.00
ANSI/API Spec 5L...............................  Seamless.........................                          1.00
                                                 Electric resistance welded.......                          1.00
                                                 Electric flash welded............                          1.00
                                                 Submerged arc welded.............                          1.00
                                                 Furnace lap welded...............                          0.80
                                                 Furnace butt welded..............                          0.60
----------------------------------------------------------------------------------------------------------------

    (2) The seam joint factor for pipe which is not covered by this 
paragraph must be approved by the Administrator.


Sec.  195.116  [Amended]

0
43. Amend Sec.  195.116 paragraph (d), by removing the term ``API 
Standard 6D'' and adding, in its place the term, ``ANSI/API Spec 6D.''


Sec.  195.118  [Amended]

0
44. Amend Sec.  195.118 paragraph (a), by removing the terms ``ASME/
ANSI B16.9 or MSS Standard Practice SP-75'' and adding, in their place 
the terms ``ASME/ANSI B16.9 (incorporated by reference, see Sec.  
195.3) or MSS SP-75 (incorporated by reference, see Sec.  195.3).''
0
45. Section 195.124 is revised to read as follows:


Sec.  195.124  Closures.

    Each closure to be installed in a pipeline system must comply with 
the 2007 ASME Boiler and Pressure Vessel Code (BPVC) (Section VIII, 
Division 1) (incorporated by reference, see Sec.  195.3) and must have 
pressure and temperature ratings at least equal to those of the pipe to 
which the closure is attached.


Sec.  195.132  [Amended]

0
46. Amend Sec.  195.132 paragraphs (b)(1), (b)(2), (b)(3), and (b)(4) 
as follows:
0
a. Amend paragraph (b)(1) by removing the term ``API Specification 
12F'' and adding, in its place ``API Spec 12F (incorporated by 
reference, see Sec.  195.3).''
0
b. Amend paragraph (b)(2) by removing the term ``API Standard 620'' and 
adding, in its place ``API Std 620

[[Page 50012]]

(incorporated by reference, see Sec.  195.3).''
0
c. Amend paragraph (b)(3), by removing the term ``API Standard 650'' 
and adding, in its place ``API Std 650 (incorporated by reference, see 
Sec.  195.3).''
0
d. Amend paragraph (b)(4), by removing the term ``API Standard 2510'' 
and adding, in its place ``API Std 2510 (incorporated by reference, see 
Sec.  195.3).''


Sec.  195.134  [Amended]

0
47. Amend Sec.  195.134, by removing the term ``API 1130'' and adding, 
in its place ``API RP 1130 (incorporated by reference, see Sec.  
195.3),'' the first instance, and adding, in its place ``API RP 1130,'' 
the second instance.
0
48. In 195.205, paragraph (b) is revised to read as follows:


Sec.  195.205  Repair, alteration and reconstruction of aboveground 
breakout tanks that have been in service.

* * * * *
    (b) After October 2, 2000, compliance with paragraph (a) of this 
section requires the following:
    (1) For tanks designed for approximate atmospheric pressure, 
constructed of carbon and low alloy steel, welded or riveted, and non-
refrigerated, and for tanks built to API Std 650 (incorporated by 
reference, see Sec.  195.3), or its predecessor Standard 12C, repair, 
alteration, and reconstruction must be in accordance with API Std 653 
(incorporated by reference, see Sec.  195.3).
    (2) For tanks built to API Spec 12F (incorporated by reference, see 
Sec.  195.3) or API Std 620 (incorporated by reference, see Sec.  
195.3), repair, alteration, and reconstruction must be in accordance 
with the design, welding, examination, and material requirements of 
those respective standards.
    (3) For high pressure tanks built to API Std 2510 (incorporated by 
reference, see Sec.  195.3), repairs, alterations, and reconstruction 
must be in accordance with API Std 510 (incorporated by reference, see 
Sec.  195.3).
0
49. Amend Sec.  195.207 as follows:
0
a. In paragraph (a), remove the term, ``API Recommended Practice 5L1'' 
and add, in its place, the term ``API RP 5L1.''
0
b. In paragraph (b), remove the term, ``API Recommended Practice 5LW'' 
and add, in its place, the term ``API RP 5LW.''
0
c. Add a new paragraph (c) to read as set forth below:


Sec.  195.207  Transportation of pipe.

* * * * *
    (c) Truck. In a pipeline to be operated at a hoop stress of 20 
percent or more of SMYS, an operator may not use pipe having an outer 
diameter to wall thickness ratio of 70 to 1, or more, that is 
transported by truck unless the transportation is performed in 
accordance with API RP 5LT (incorporated by reference, see Sec.  
195.3).
0
50. In Sec.  195.222, revise the section heading, paragraphs (a) and 
(b)(2) to read as follows:


Sec.  195.222  Welders: Qualification of welders and welding operators.

    (a) Each welder or welding operator must be qualified in accordance 
with section 6 or 12 of API Std 1104 (incorporated by reference, see 
Sec.  195.3) or with Section IX of 2007 ASME Boiler and Pressure Vessel 
Code (BPVC) (incorporated by reference, see Sec.  195.3), except, that 
a welder qualified under an earlier edition than listed in Sec.  195.3 
may weld, but may not re-qualify under that earlier edition.
    (b) * * *
    (2) Had one weld tested and found acceptable under section 9 or 
Appendix A of API Std 1104 (incorporated by reference, see Sec.  
195.3).


Sec.  195.228  [Amended]

0
51. Amend Sec.  195.228 paragraph (b), by removing the term ``API 
1104'' and, add in its place the term, ``API Std 1104'' in two 
locations.
0
52. In Sec.  195.264, the introductory text of paragraph (b)(1), and 
paragraphs (b)(2), (e)(1), (e)(2), (e)(3), and (e)(4) are revised to 
read as follows:


Sec.  195.264  Impoundment, protection against entry, normal/emergency 
venting or pressure/vacuum relief for aboveground breakout tanks.

* * * * *
    (b) * * *
    (1) For tanks built to API Spec 12F, API Std 620, and others (such 
as API Std 650 or its predecessor Standard 12C), the installation of 
impoundment must be in accordance with the following sections of NFPA-
30 (incorporated by reference, see Sec.  195.3);
* * * * *
    (2) For tanks built to API Std 2510 (incorporated by reference, see 
Sec.  195.3), the installation of impoundment must be in accordance 
with section 5 or 11 of API Std 2510.
* * * * *
    (e) * * *
    (1) Normal/emergency relief venting installed on atmospheric 
pressure tanks built to API Spec 12F must be in accordance with section 
4, and Appendices B and C, of API Spec 12F (incorporated by reference, 
see Sec.  195.3).
    (2) Normal/emergency relief venting installed on atmospheric 
pressure tanks (such as those built to API Std 650 (or its predecessor 
Standard 12C) must be in accordance with API Std 2000 (incorporated by 
reference, see Sec.  195.3).
    (3) Pressure-relieving and emergency vacuum-relieving devices 
installed on low pressure tanks built to API Std 620 must be in 
accordance with section 9 of API Std 620 (incorporated by reference, 
see Sec.  195.3) and its references to the normal and emergency venting 
requirements in API Std 2000 (incorporated by reference, see Sec.  
195.3)
    (4) Pressure and vacuum-relieving devices installed on high 
pressure tanks built to API Std 2510 must be in accordance with 
sections 7 or 11 of API Std 2510 (incorporated by reference, see Sec.  
195.3).
0
53. Section 195.307 is revised to read as follows:


Sec.  195.307  Pressure testing aboveground breakout tanks.

    (a) For aboveground breakout tanks built into API Spec 12F 
(incorporated by reference, see Sec.  195.3) and first placed in 
service after October 2, 2000, pneumatic testing must be in accordance 
with section 5.3 of API Spec 12 F.
    (b) For aboveground breakout tanks built to API Std 620 
(incorporated by reference, see Sec.  195.3) and first placed in 
service after October 2, 2000, hydrostatic and pneumatic testing must 
be in accordance with section 7.18 of API Std 620.
    (c) For aboveground breakout tanks built to API Std 650 
(incorporated by reference, see Sec.  195.3) and first placed in 
service after October 2, 2000, testing must be in accordance with 
Sections 7.3.5 and 7.3.6 of API Standard 650.
    (d) For aboveground atmospheric pressure breakout tanks constructed 
of carbon and low alloy steel, welded or riveted, and non-refrigerated, 
and tanks built to API Std 650 (incorporated by reference, see Sec.  
195.3), or its predecessor Standard 12C, that are returned to service 
after October 2, 2000, the necessity for the hydrostatic testing of 
repair, alteration, and reconstruction is covered in Section 12.3 of 
API Std 653.
    (e) For aboveground breakout tanks built to API Std 2510 
(incorporated by reference, see Sec.  195.3) and first placed in 
service after October 2, 2000, pressure testing must be in accordance 
with 2007 ASME Boiler and Pressure Vessel Code (BPVC) (Section VIII, 
Division 1 or 2).
0
54. Section 195.405 is revised to read as follows:


Sec.  195.405  Protection against ignitions and safe access/egress 
involving floating roofs.

    (a) After October 2, 2000, protection provided against ignitions 
arising out of

[[Page 50013]]

static electricity, lightning, and stray currents during operation and 
maintenance activities involving aboveground breakout tanks must be in 
accordance with API RP 2003 (incorporated by reference, see Sec.  
195.3), unless the operator notes in the procedural manual (Sec.  
195.402(c)) why compliance with all or certain provisions of API RP 
2003 is not necessary for the safety of a particular breakout tank.
    (b) The hazards associated with access/egress onto floating roofs 
of in-service aboveground breakout tanks to perform inspection, 
service, maintenance or repair activities (other than specified general 
considerations, specified routine tasks or entering tanks removed from 
service for cleaning) are addressed in API Pub 2026 (incorporated by 
reference, see Sec.  195.3). After October 2, 2000, the operator must 
review and consider the potentially hazardous conditions, safety 
practices and procedures in API Pub 2026 for inclusion in the procedure 
manual (Sec.  195.402(c)).
0
55. In Sec.  195.428, revise paragraph (c) to read as follows:


Sec.  195.428  Overpressure safety devices and overfill protection 
systems.

* * * * *
    (c) Aboveground breakout tanks that are constructed or 
significantly altered according to API Std 2510 (incorporated by 
reference, see Sec.  195.3) after October 2, 2000, must have an 
overfill protection system installed according to section 7.1.2 of API 
Std 2510. Other aboveground breakout tanks with 600 gallons (2271 
liters) or more of storage capacity that are constructed or 
significantly altered after October 2, 2000, must have an overfill 
protection system installed according to API RP 2350 (incorporated by 
reference, see Sec.  195.3). However, operators need not comply with 
any part of API RP 2350 for a particular breakout tank if the operator 
notes in the manual required by Sec.  195.402 why compliance with that 
part is not necessary for safety of the tank.
* * * * *
0
56. In Sec.  195.432, revise paragraphs (b) and (c) to read as follows:


Sec.  195.432  Inspection of in-service breakout tanks.

* * * * *
    (b) Each operator must inspect the physical integrity of in-service 
atmospheric and low-pressure steel above-ground breakout tanks 
according to API Std 653 (except section 6.4.3) (incorporated by 
reference, see Sec.  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). The inspection interval must not use the guidance 
in API Std 653, section 6.4.3 concerning risk-based inspection 
intervals.
    (c) Each operator must inspect the physical integrity of in-service 
steel aboveground breakout tanks built to API Std 2510 (incorporated by 
reference, see Sec.  195.3) according to section 6 of API Std 510 
(incorporated by reference, see Sec.  195.3).
* * * * *


Sec.  195.444  [Amended]

0
57. Amend Sec.  195.444, by removing the term ``API 1130'' and adding 
in its place, ``API RP 1130 (incorporated by reference, see Sec.  
195.3).''
0
58. In Sec.  195.452, revise paragraphs (h)(4)(i)(B), (h)(4)(iii)(D) 
and the introductory text of (l)(1) to read as follows:


Sec.  195.452  Pipeline integrity management in high consequence areas.

* * * * *
    (h) * * *
    (4) * * *
    (i) * * *
    (B) A calculation of the remaining strength of the pipe shows a 
predicted burst pressure less than the established maximum operating 
pressure at the location of the anomaly. Suitable remaining strength 
calculation methods include, but are not limited to, ASME/ANSI B31G 
(incorporated by reference, see Sec.  195.3) or PRCI PR-3-805 (R-
STRENG) (incorporated by reference, see Sec.  195.3).
* * * * *
    (iii) * * *
    (D) A calculation of the remaining strength of the pipe shows an 
operating pressure that is less than the current established maximum 
operating pressure at the location of the anomaly. Suitable remaining 
strength calculation methods include, but are not limited to, ASME/ANSI 
B31G or PRCI PR-3-805 (R-STRENG).
* * * * *
    (l) What records must an operator keep to demonstrate compliance?
    (1) An operator must maintain, for the useful life of the pipeline, 
records that demonstrate compliance with the requirements of this 
subpart. At a minimum, an operator must maintain the following records 
for review during an inspection:
* * * * *
0
59. Section 195.565 is revised to read as follows:


Sec.  195.565  How do I install cathodic protection on breakout tanks?

    After October 2, 2000, when you install cathodic protection under 
Sec.  195.563(a) to protect the bottom of an aboveground breakout tank 
of more than 500 barrels (79.5m3) capacity built to API Spec 12F 
(incorporated by reference, see Sec.  195.3), API Std 620 (incorporated 
by reference, see Sec.  195.3), or API Std 650 (incorporated by 
reference, see Sec.  195.3), or its predecessor Standard 12C, you must 
install the system in accordance with ANSI/API RP 651 (incorporated by 
reference, see Sec.  195.3). However, installation of the system need 
not comply with ANSI/API RP 651 on any tank for which you note in the 
corrosion control procedures established under Sec.  195.402(c)(3) why 
compliance with all or certain provisions of ANSI/API RP 651 is not 
necessary for the safety of the tank.
0
60. In Sec.  195.573, revise paragraph (d) to read as follows:


Sec.  195.573  What must I do to monitor external corrosion control?

* * * * *
    (d) Breakout tanks. You must inspect each cathodic protection 
system used to control corrosion on the bottom of an aboveground 
breakout tank to ensure that operation and maintenance of the system 
are in accordance with API RP 651 (incorporated by reference, see Sec.  
195.3). However, this inspection is not required if you note in the 
corrosion control procedures established under Sec.  195.402(c)(3) why 
compliance with all or certain operation and maintenance provisions of 
API RP 651 is not necessary for the safety of the tank.
0
61. In Sec.  195.579, revise paragraph (d) to read as follows:


Sec.  195.579  What must I do to mitigate internal corrosion?

* * * * *
    (d) Breakout tanks. After October 2, 2000, when you install a tank 
bottom lining in an aboveground breakout tank built to API Spec 12F 
(incorporated by reference, see Sec.  195.3), API Std 620 (incorporated 
by reference, see Sec.  195.3), or API Std 650 (incorporated by 
reference, see Sec.  195.3), or its predecessor Standard 12C, you must 
install the lining in accordance with API RP 652 (incorporated by 
reference, see Sec.  195.3). However, installation of the lining need 
not comply with API RP 652 on any tank for which you note in the 
corrosion control procedures established under Sec.  195.402(c)(3) why 
compliance with all or certain provisions of API RP 652 is not 
necessary for the safety of the tank.
0
62. Section 195.587 is revised to read as follows:

[[Page 50014]]

Sec.  195.587  What methods are available to determine the strength of 
corroded pipe?

    Under Sec.  195.585, you may use the procedure in ASME/ANSI B31G 
(incorporated by reference, see Sec.  195.3) or PRCI PR-3-805 (R-
STRENG) (incorporated by reference, see Sec.  195.3), to determine the 
strength of corroded pipe based on actual remaining wall thickness. 
These procedures apply to corroded regions that do not penetrate the 
pipe wall, subject to the limitations set out in the respective 
procedures.

PART 199--DRUG AND ALCOHOL TESTING

0
63. The authority citation for part 199 continues to read as follows:

    Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and 
60118; and 49 CFR 1.53.


Sec.  199.111  [Removed and Reserved]

0
64. Remove and reserve Sec.  199.111.

    Issued in Washington, DC, on August 5, 2013.
Jeffrey D. Wiese,
Associate Administrator for Pipeline Safety.
[FR Doc. 2013-19348 Filed 8-15-13; 8:45 am]
BILLING CODE 4910-60-P
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