Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments, 168-188 [2014-30336]
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168
Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Rules and Regulations
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 14–159, RM–11735; DA 14–
1885]
Television Broadcasting Services;
Dayton, Ohio
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
A petition for rulemaking was
filed by WKEF Licensee, L.P. (‘‘WKEF
Licensee’’), the licensee of WKEF(TV),
channel 51, Dayton, Ohio, requesting
the substitution of channel 18 for
channel 51 at Dayton. WKEF Licensee
filed comments reaffirming its interest
in the proposed channel substitution
and explained that the channel
substitution will eliminate any potential
interference with wireless operations in
the Lower 700 MHZ A Block located
adjacent to channel 51 in Dayton. WKEF
Licensee further states that it will
promptly file an application for a
construction permit for channel 18 and
place the station into operation.
DATES: Effective January 5, 2015.
FOR FURTHER INFORMATION CONTACT:
Joyce Bernstein, Joyce.Bernstein@
fcc.gov, Media Bureau, (202) 418–1647.
SUPPLEMENTARY INFORMATION: This is a
synopsis of the Commission’s Report
and Order, MB Docket No. 14–159,
adopted December 23, 2014, and
released December 23, 2014. The full
text of this document is available for
public inspection and copying during
normal business hours in the FCC’s
Reference Information Center at Portals
II, CY–A257, 445 12th Street SW.,
Washington, DC 20554. This document
will also be available via ECFS (https://
fjallfoss.fcc.gov/ecfs/). This document
may be purchased from the
Commission’s duplicating contractor,
Best Copy and Printing, Inc., 445 12th
Street SW., Room CY–B402,
Washington, DC 20554, telephone 1–
800–478–3160 or via the company’s
Web site, https://www.bcpiweb.com. To
request materials in accessible formats
for people with disabilities (braille,
large print, electronic files, audio
format), send an email to fcc504@fcc.gov
or call the Consumer & Governmental
Affairs Bureau at 202–418–0530 (voice),
202–418–0432 (tty).
This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
information collection burden ‘‘for
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SUMMARY:
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small business concerns with fewer than
25 employees,’’ pursuant to the Small
Business Paperwork Relief Act of 2002,
Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980 do not apply to
this proceeding.
The Commission will send a copy of
the Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Hossein Hashemzadeh,
Deputy Chief, Video Division, Media Bureau.
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICES
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 303, 334, 336,
and 339.
§ 73.622
[Amended]
2. Section 73.622(i), the PostTransition Table of DTV Allotments
under Ohio is amended by removing
channel 51 and adding channel 18 at
Dayton.
■
[FR Doc. 2014–30863 Filed 1–2–15; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 192, 193, 195, 198, and
199
[Docket No. PHMSA–2011–0337; Amdt. Nos.
192–119; 193–25; 195–99; 198–6; 199–26]
RIN 2137–AE85
Pipeline Safety: Periodic Updates of
Regulatory References to Technical
Standards and Miscellaneous
Amendments
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Final rule.
AGENCY:
PHMSA is amending the
Federal pipeline safety regulations to
incorporate by reference new, updated
SUMMARY:
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or reaffirmed editions of the voluntary
consensus standards that are applicable
to pipelines subject to the requirements
of the Federal pipeline safety
regulations. This final rule also makes
non-substantive editorial corrections
clarifying regulatory language in certain
provisions. These changes are minor
and do not require pipeline operators to
undertake any significant new pipeline
safety initiatives.
DATES: This final rule is effective March
6, 2015. The incorporation by reference
of certain publications listed in this
final rule is approved by the Director of
the Federal Register as of March 6, 2015.
FOR FURTHER INFORMATION CONTACT:
Technical Information: Mike Israni by
phone at 202–366–4571 or by email at
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 (NTTAA)
(Pub. L. 104–113; March 7, 1996) directs
Federal agencies to use voluntary
consensus standards and design
specifications developed by voluntary
consensus standard bodies instead of
government-developed voluntary
technical standards when appropriate.
The Office of Management and Budget
(OMB) Circular A–119, ‘‘Federal
Participation in the Development and
Use of Voluntary Consensus Standards
and in Conformity Assessment
Activities,’’ sets the policy for Federal
use and development of voluntary
consensus standards. As defined in
OMB Circular A–119, voluntary
consensus standards are technical
standards developed or adopted by
domestic and international
organizations. These organizations use
agreed-upon procedures to update and
revise their published standards every
three to five years to reflect modern
technology and best technical practices.
The legal effect of incorporation by
reference (IBR) is that the incorporated
material is treated as if it were
published in full in the Federal Register
and the Code of Federal Regulations
(CFR). This material, like any other
properly issued rule, has the force and
effect of law. Congress authorized
incorporation by reference to reduce the
volume of material published in the
Federal Register and the CFR (see 5
U.S.C. 552(a) and 1 CFR part 51).
Congress granted authority to the
Director of the Federal Register to
determine whether a proposed IBR
serves the public interest. Unless
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Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Rules and Regulations
expressly provided otherwise in a
regulation, if a provision of a standard
incorporated by reference conflicts with
a regulation, the regulation takes
precedence.
New or updated standards often
further innovation and increase the use
of new technologies, materials and
management practices that improve the
safety and operations of pipelines and
pipeline facilities. Because pipeline
safety regulation involves a great deal of
technical subject matter, there are 64
standards and specifications that have
long been incorporated by reference in
49 CFR part 192, Transportation of
Natural and Other Gas by Pipeline:
Minimum Federal Safety Standards; 49
CFR part 193, Liquefied Natural Gas
Facilities: Federal Safety Standards; and
49 CFR part 195, Transportation of
Hazardous Liquids by Pipeline. PHMSA
regularly reviews updates to currently
referenced consensus standards as well
as new editions of standards to ensure
that their content remains consistent
with the intent of the pipeline safety
regulations. Previous updates to
incorporate industry standards by
reference were published on August 11,
2010 (75 FR 48593), February 1, 2007
(72 FR 4657), June 9, 2006 (71 FR
33402), June 14, 2004 (69 FR 32886),
February 17, 1998 (63 FR 7721), June 6,
1996 (61 FR 2877), and May 24, 1996
(61 FR 26121). The list of publications
that PHMSA has incorporated by
reference is found in 49 CFR 192.7,
193.2013, and 195.3.
PHMSA employees participate in
more than 25 national voluntary
consensus standards-setting
organizations that address pipeline
design, construction, maintenance,
inspection and repair. Agency
participation in the development of
voluntary consensus standards is
important to eliminate the necessity for
development or maintenance of
separate, government-unique standards,
to further national goals and objectives
such as increased use of
environmentally sound and energyefficient materials, products, systems,
services or practices and to improve
public safety. As representatives of the
agency, these subject matter experts
actively participate in discussions and
technical debates, register opinions and
vote in accordance with the procedures
of the standards body at each stage of
the standards development process
(unless prohibited from doing so by
law). However, it is important to note
that agency participation does not
necessarily constitute agency agreement
with, or endorsement of, all decisions
reached by such organizations. PHMSA
has the responsibility to establish
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regulations and standards that ensure
pipelines are operated safely and will
only adopt those portions of industry
standards into the Federal regulations
that meet the agency’s goals and best
promote public safety.
Availability of Materials to Interested
Parties
PHMSA has worked to make the
materials to be incorporated by
reference reasonably available to
interested parties. Section 24 of the
‘‘Pipeline Safety, Regulatory Certainty,
and Job Creation Act of 2011’’ (Pub.
L.112–90, January 3, 2012), amended 49
U.S.C. 60102 by adding a new public
availability requirement for documents
incorporated by reference after January
3, 2013. The law states: ‘‘Beginning 1
year after the date of enactment of this
subsection, the Secretary may not issue
guidance or a regulation pursuant to this
chapter that incorporates by reference
any documents or portions thereof
unless the documents or portions
thereof are made available to the public,
free of charge, on an Internet Web site.’’
This section was further amended on
August 9, 2013. The current law
continues to prohibit the Secretary from
issuing a regulation that incorporates by
reference any document unless that
document is available to the public, free
of charge, but removes the Internet Web
site requirements (Pub. L. 113–30,
August 9, 2013). The Department of
Transportation has until August 9, 2015,
to comply with this provision.
Pursuant to this mandate, PHMSA has
negotiated agreements with all but two
of the standards-setting organizations
with standards already incorporated by
reference in the pipeline safety
regulations to make viewable copies of
those standards available to the public
at no cost. The organizations having
agreements are: American Petroleum
Institute (API), American Gas
Association (AGA), American Society
for Testing and Materials (ASTM), Gas
Technology Institute (GTI),
Manufacturers Standardization Society
of the Valve and Fittings Industry, Inc.
(MSS), NACE International (NACE), and
National Fire Protection Association
(NFPA). Each organization’s mailing
address and Web site is listed in Parts
192, 193, and 195. PHMSA understands
that the two standards organizations
that we do not have agreements with are
considering taking steps in addition to
sales of the standards to achieve greater
availability.
II. Summary Review of Standards and
Amendments
On August 16, 2013, PHMSA
published a notice of proposed
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169
rulemaking (NPRM) to incorporate into
the pipeline safety regulations two new
standards: API RP 5LT ‘‘Recommended
Practice for Truck Transportation of
Line Pipe’’ (First edition March 1, 2012);
and ASTM D2513–09a,‘‘Standard
Specification for Polyethylene (PE) Gas
Pressure Pipe, Tubing, and Fittings’’
(December 1, 2009 (except section 4.2
pertaining to rework materials) and 21
updated editions of standards currently
incorporated by reference. These
standards affect gas pipelines, liquefied
natural gas facilities and hazardous
liquid pipelines (Parts 192, 193, and
195, respectively). The vast majority of
the updated standard editions involve
incremental changes in design,
maintenance and operation provisions
as additional knowledge is gained by
stakeholders. With certain exceptions
(API RP 1162, ‘‘Public Awareness
Programs for Pipeline Operators’’ (1st
edition, December 2003) discussed
below, PHMSA believes that these
updates are consistent with the Federal
pipeline safety mission. In addition, the
adoption of API RP 5LT addresses
National Transportation Safety Board’s
(NTSB) Recommendation P–04–03.
A. Standards Incorporated
This final rule accepts the following
updated editions of technical standards
currently incorporated by reference in
Parts 192, 193, and 195:
American Petroleum Institute
(1) API Recommended Practice 5L1,
‘‘Recommended Practice for Railroad
Transportation of Line Pipe’’ (7th
edition, September 2009), into 49 CFR
192.7, 192.65(a)(1), 195.3, 195.207(a).
[Replaces IBR: API Recommended
Practice 5L1, ‘‘Recommended Practice
for Railroad Transportation of Line
Pipe’’ (6th edition, 2002).]
(2) API Recommended Practice 5LT,
‘‘Recommended Practice for Truck
Transportation of Line Pipe’’ (First
edition March 1, 2012), into 49 CFR
192.7, 192.65(c), 195.3, 195.207(c).
(3) API Recommended Practice 5LW,
‘‘Transportation of Line Pipe on Barges
and Marine Vessels’’ (3rd edition,
September 2009), into 49 CFR 192.7,
192.65(b), 195.3, 195.207(b).
[Replaces IBR: API Recommended
Practice 5LW, ‘‘Transportation of Line
Pipe on Barges and Marine Vessels’’
(2nd edition, December 1996, effective
March 1, 1997).]
(4) ANSI/API Specification 5L,
‘‘Specification for Line Pipe’’ (45th
edition, December 1, 2012, effective July
1, 2013), into 49 CFR 192.7; 192.55(e);
192.112(a)(4); 192.112(b)(1)(i);
192.112(b)(1)(iii); 192.112(b)(2)(iv);
192.112(d)(1); 192.112(e)(1); 192.113;
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Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Rules and Regulations
Item I, Appendix B to Part 192; 195.3;
195.106(b)(1)(i); 195.106(e).
[Replaces IBR: ANSI/API
Specification 5L/ISO 3183,
‘‘Specification for Line Pipe’’ (44th
edition, 2007), includes errata (January
2009) and addendum (February 2009).]
(5) ANSI/API Specification 6D,
‘‘Specification for Pipeline Valves’’
(23rd edition, April 1, 2008, effective
October 1, 2008), includes Errata 1 (June
2008), Errata 2 (November 2008), Errata
3 (February 2009), Errata 4 (April 2010),
Errata 5 (November 2010), Errata 6
(August 2011), Addendum 1 (October
2009), Addendum 2 (August 2011), and
Addendum 3 (October 2012) into 49
CFR 192.7; 192.145(a); 195.3,
195.116(d).
[Replaces IBR: ANSI/API
Specification 6D, ‘‘Specification for
Pipeline Valves’’ (23rd edition (April
2008, effective October 1, 2008)) and
Errata 3 (includes 1 and 2, February
2009).]
(6) API Specification 12F,
‘‘Specification for Shop Welded Tanks
for Storage of Production Liquids’’ (12th
edition, October 2008, effective April 1,
2009) into 49 CFR 195.3, 195.132(b)(1),
195.205(b)(2), 195.264(b)(1),
195.264(e)(1), 195.307(a), 195.565,
195.579(d).
[Replaces IBR: API Specification 12F,
‘‘Specification for Shop Welded Tanks
for Storage of Production Liquids,’’
(11th edition, November 1, 1994,
reaffirmed 2000, errata, February 2007);]
(7) API Standard 620, ‘‘Design and
Construction of Large, Welded, Lowpressure Storage Tanks’’ (11th edition,
February 2008), addendum 1, (March
2009), addendum 2 (August 2010), and
addendum 3 (March 2012) into 49 CFR
193.2013; 193.2101(b); 193.2321(b)(2);
195.3; 195.132(b)(2); 195.205(b)(2);
195.264(b)(1); 195.264(e)(3); 195.307(b);
195.565; 195.579(d).
[Replaces IBR: API Standard 620,
‘‘Design and Construction of Large,
Welded, Low-Pressure Storage Tanks’’
(11th edition, February 2008, addendum
1 March 2009).]
(8) API Standard 650, ‘‘Welded Tanks
for Oil Storage’’ (11th edition, June
2007, effective February 1, 2012),
includes addendum 1 (November 2008),
addendum 2 (November 2009),
addendum 3 (August 2011), and errata
(October 2011) into 49 CFR 195.3;
195.132(b)(3); 195.205(b)(1);
195.264(b)(1); 195.264(e)(2); 195.307(c);
195.307(d); 195.565; 195.579(d).
[Replaces IBR: API Standard 650,
‘‘Welded Steel Tanks for Oil Storage’’
(11th edition, June 2007), addendum 1
(November 2008).]
(9) ANSI/API Standard 2000,
‘‘Venting Atmospheric and Low-
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pressure Storage Tanks’’ (6th edition,
November 2009) into 49 CFR 195.3,
195.264(e)(2), 195.264(e)(3).
[Replaces IBR: API Standard 2000,
‘‘Venting Atmospheric and LowPressure Storage Tanks NonRefrigerated and Refrigerated’’ (5th
edition, April 1998, errata, November
1999).]
American Society for Testing and
Materials (ASTM)
(1) ASTM A53/A53M–10, ‘‘Standard
Specification for Pipe, Steel, Black and
Hot-Dipped, Zinc-Coated, Welded and
Seamless’’ (October 1, 2010), into 49
CFR 192.7; 192.113; Item 1, Appendix B
to Part 192; 195.3; 195.106(e).
[Replaces IBR: ASTM A53/A53M–07,
‘‘Standard Specification for Pipe, Steel,
Black and Hot-Dipped, Zinc-Coated
Welded and Seamless’’ (September 1,
2007).]
(2) ASTM A106/A106M–10,
‘‘Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature
Service’’ (October 1, 2010), into 49 CFR
192.7; 192.113; Item 1, Appendix B to
Part 192; 195.3; 195.106(e).
[Replaces IBR: ASTM A106/A106M–
08, ‘‘Standard Specification for
Seamless Carbon Steel Pipe for HighTemperature Service’’ (July 15, 2008).]
(3) ASTM A333/A333M–11,
‘‘Standard Specification for Seamless
and Welded Steel Pipe for LowTemperature Service’’ (April 1, 2011),
into 49 CFR 192.7; 192.113; Item 1,
Appendix B to Part 192; 195.3;
195.106(e).
[Replaces IBR: ASTM A333/A333M–
05, ‘‘Standard Specification for
Seamless and Welded Steel Pipe for
Low-Temperature Service’’ (March 1,
2005).]
(4) ASTM A372/A372M–10,
‘‘Standard Specification for Carbon and
Alloy Steel Forgings for Thin-Walled
Pressure Vessels’’ (October 1, 2010), into
49 CFR 192.7, 192.177(b)(1).
[Replaces IBR: ASTM A372/A372M–
03 (reapproved), ‘‘Standard
Specification for Carbon and Alloy Steel
Forgings for Thin-Walled Pressure
Vessels’’ (March 1, 2008).]
(5) ASTM A671/A671M–10,
‘‘Standard Specification for ElectricFusion-Welded Steel Pipe for
Atmospheric and Lower Temperatures’’
(April 1, 2010), into 49 CFR 192.7;
192.113; Item 1, Appendix B to Part 192;
195.3; 195.106(e).
[Replaces IBR: ASTM A671–06 (2006)
‘‘Standard Specification for ElectricFusion-Welded Steel Pipe for
Atmospheric and Lower Temperatures’’
(May 1, 2006).]
(6) ASTM A672/A672M–09,
‘‘Standard Specification for Electric-
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Fusion-Welded Steel Pipe for HighPressure Service at Moderate
Temperatures’’ (October 1, 2009), into
49 CFR 192.7; 192.113; Item 1,
Appendix B to Part 192; 195.3;
195.106(e).
[Replaces IBR: ASTM A672–08,
‘‘Standard Specification for ElectricFusion-Welded Steel Pipe for HighPressure Service at Moderate
Temperatures’’ (May 1, 2008).]
(7) ASTM A691/A691M–09,
‘‘Standard Specification for Carbon and
Alloy Steel Pipe, Electric-FusionWelded for High-Pressure Service at
High Temperatures’’ (October 1, 2009),
into 49 CFR 192.7; 192.113; Item 1,
Appendix B to Part 192; 195.3;
195.106(e).
[Replaces IBR: ASTM A691–98
(reapproved 2007), ‘‘Standard
Specification for Carbon and Alloy Steel
Pipe, Electric-Fusion-Welded for HighPressure Service at High Temperatures’’
(November 1, 2007).]
(8) ASTM D2513–09a, ‘‘Standard
Specification for Polyethylene (PE) Gas
Pressure Pipe, Tubing, and Fittings’’
(December 1, 2009), into 49 CFR 192.7;
192.123(e); 192.191(b); 192.283(a); Item
1, Appendix B to Part 192.
Manufacturers Standardization Society
of the Valve and Fittings Industry, Inc.
(MSS)
(1) MSS SP–44–2010, Standard
Practice, ‘‘Steel Pipeline Flanges’’ (2010
edition, includes Errata, May 20, 2011),
into 49 CFR 192.7, 192.147(a). [Replaces
IBR: MSS SP–44–2006, Standard
Practice, ‘‘Steel Pipeline Flanges’’ (2006
edition).]
(2) MSS SP–75–2008, Standard
Practice, ‘‘Specification for High-Test,
Wrought Butt-Welding Fittings’’ (2009
edition), into 49 CFR 195.3, 195.118(a).
[Replaces IBR: MSS SP–75–2004,
‘‘Specification for High Test Wrought
Butt Welding Fittings’’ (2004 edition).]
NACE International (NACE)
(1) ANSI/NACE Standard SP0502–
2010, Standard Practice, ‘‘Pipeline
External Corrosion Direct Assessment
Methodology’’ (June 24, 2010), into 49
CFR 192.7; 192.923(b)(1); 192.925(b),
(b)(1), (b)(1)(ii), (b)(2), (b)(3),
(b)(3)(ii)(A), (b)(3)(ii)(B), (b)(3)(iv),
(b)(4), (b)(4)(ii); 192.931(d);
192.935(b)(1)(iv); 192.939(a)(2); 195.3;
195.588(b)(1), (b)(2), (b)(2)(iii), (b)(3),
(b)(4), (b)(4)(ii)(A), (b)(4)(ii)(B), (b)(iv),
(b)(5), (b)(5)(ii).
[Replaces IBR: NACE SP0502–2008,
Standard Practice, ‘‘Pipeline External
Corrosion Direct Assessment
Methodology’’ (reaffirmed March 20,
2008).]
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Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Rules and Regulations
National Fire Protection Association
(NFPA)
(1) NFPA–30 (2012), ‘‘Flammable and
Combustible Liquids Code,’’ includes
Errata 1, Errata 2 (2012 edition, June 20,
2011), into 49 CFR 192.7, 192.735(b),
195.3, 195.264(b)(1).
[Replaces IBR: NFPA–30, ‘‘Flammable
and Combustible Liquids Code’’ (2008
edition, approved August 15, 2007).]
(2) NFPA–70 (2011), ‘‘National
Electrical Code’’ (2011 edition,
approved August 5, 2010), into 49 CFR
192.7, 192.163(e), 192.189(c). [Replaces
IBR: NFPA 70 (2008), ‘‘National
Electrical Code’’ (NEC 2008, approved
August 15, 2007).]
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B. Standards Not Incorporated
PHMSA did not propose to
incorporate by reference API
Recommended Practice (RP) 1162
(second edition, December 2010); API
Standard (Std) 653 (4th edition) and
Addendum (2010); or section 4.2,
‘‘Rework Material’’ of ASTM D2513–
09a, ‘‘Standard Specification for
Polyethylene (PE) Gas Pressure Pipe,
Tubing, and Fittings.’’ except for
PHMSA has not incorporated these
three standards because:
• API RP1162–2003—This rule
retains API RP 1162, ‘‘Public Awareness
Programs for Pipeline Operators’’ (1st
edition, December 2003). PHMSA has
decided not to incorporate the second
edition at this time because it intends to
consult with state pipeline authorities
after they report on the results of their
2012 state compliance inspections.
These inspections were based on the
criteria in the first edition. A public
workshop will then be conducted to
discuss the inspection data and best
practices.
• API Std 653–2001—This rule
retains API Std 653–2001, ‘‘Tank
Inspection, Repair, Alteration, and
Reconstruction’’ (3rd edition, December
2001), with the exception of section
6.4.3, ‘‘Alternative Internal Inspection
Interval.’’ PHMSA has decided to
exclude section 6.4.3 because of
concerns that the risk-based inspection
(RBI) procedures described in section
6.4.3 of the standard do not require
adequate or consistent assessment
factors for establishing an alternate
internal inspection interval. First, the
standard states that an operator
‘‘should’’ consider certain factors in
making an RBI assessment of a tank, but
it does not make such consideration
mandatory. Second, the RBI procedures
described in section 6.4.3 would allow
operators to establish minimum bottom
plate thicknesses less than the
minimum values referenced in table 6–
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1, ‘‘Bottom Plate Minimum Thickness,’’
and section 4.4.5.4, ‘‘Minimum
Thickness for Tank Bottom Plate.’’
Third, the procedures may also increase
or decrease the 20-year inspection
interval described in 6.4.2.1, ‘‘Internal
Intervals.’’ PHMSA does not agree with
allowing such a lengthy interval
between inspections.
Under this rule, any operator who
previously established an alternate
internal inspection interval using the
procedures in section 6.4.3 must
reestablish such intervals based on
section 6.4.2, ‘‘Inspection Intervals,’’ of
API Std 653–2001 within 2 years from
the date of this final rule.
• ASTM D2513–09a—PHMSA will
incorporate ASTM D2513–09a,
‘‘Standard Specification for
Polyethylene (PE) Gas Pressure Pipe,
Tubing, and Fittings,’’ except section
4.2, ‘‘Rework Material.’’ Section 4.2
states: ‘‘Clean rework material of the
same commercial designation, generated
from the manufacturer’s own pipe and
fitting production shall not be used
unless the pipe and fitting produced
meets all the requirements of this
specification. The use of these rework
materials shall be governed by the
requirements of section 4.3 and Plastic
Pipe Institute (PPI) Technical Note TN–
30/2006.’’
Currently, rework materials are
limited to a maximum of 30 percent by
weight. One of the main steps of plastic
pipe manufacturing includes an
extrusion process, where raw or virgin
material (usually supplied in the form of
pellets) is heated, melted, mixed and
conveyed into a die and shaped into a
pipe. Rework (also known as regrind) is
a process by which plastic pipe that
does not fall within acceptable
specifications following the extrusion
process can be reused if it meets the
requirements of Section 4.2, including
requirements in PPI TN–30/2006.
Requirements in PPI TN–30/2006
include reducing the size of the material
through appropriate stages (i.e.
regrinding the material) to an equivalent
size to the raw virgin pellet material and
avoiding contamination. The ground up
material is then mixed back in with a
portion of raw pellet material prior to
going back through the extrusion
process. Despite these requirements,
PHMSA believes prohibiting the use of
rework material is the only way to
ensure the materials used by operators
are not contaminated during the
manufacturing process. This topic
received a number of comments and
was discussed in detail at the advisory
committee meetings. Information about
these comments is provided in Section
IV.
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During the drafting process of this
final rule, the Federal Register advised
that PHMSA would not be allowed to
include an exception clause to the list
of standards in the centralized listing as
PHMSA had discussed in the NPRM
and at the advisory committee meeting.
Instead, revisions are noted in each of
the affected sections to accommodate
the incorporation of ASTM D2513–09a
for PE pipe and the continued
incorporation of ASTM D2513–87 and
ASTM D2513–99 for non-PE plastic
pipe. The revisions are summarized
below:
Æ In § 192.7, PHMSA is adding ASTM
D2513–09a to the listing of documents
incorporated by reference.
Æ In § 192.59, PHMSA is adding a
new paragraph (d) to specify that
PHMSA will prohibit rework for all
plastic pipe manufactured after the
effective date of this final rule and used
in pipeline systems subject to Part 192.
Æ In § 192.63(a)(1), PHMSA is
clarifying that ASTM D2513–87 applies
to plastic pipe and fittings made of
materials other than polyethylene.
Æ In § 192.123(e)(2), PHMSA is
including verbiage to indicate that
ASTM D2513–09a pertains to PE pipe
only.
Æ In § 192.191, PHMSA is clarifying
that ASTM D2513–99 is applicable to
plastic materials other than
polyethylene and is adding a reference
to ASTM D2513–09a applicable to PE
materials only.
Æ In § 192.283(a)(1)(i), PHMSA is
clarifying that ASTM D2513–99 is
applicable to plastic materials other
than polyethylene and is adding a
reference to ASTM D2513–09a
applicable to polyethylene plastic (PE)
materials only.
Æ In Part 192, Appendix B, Section 1,
PHMSA is adding ASTM D2513–09a to
the list of pipe specifications.
C. Editorial Corrections and
Clarifications
This final rule is also making several
non-substantive editorial amendments
to Parts 192, 193, and 195, and 198. The
final rule:
• Changes the ‘‘Centralized IBR
Sections’’ from a table format to a
listing.
• Adds abbreviated titles to the list of
standards to be incorporated in §§ 192.7,
193.2013, and 195.3.
• Revises current titles to abbreviated
titles.
• Corrects the reference to the Gas
Technology Institute (GTI) research
document (formerly the Gas Research
Institute (GRI)) document number from
GRI–89/0242 to GTI–04/0049.
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• Removes an incorrect reference to
ASME Boiler & Pressure Code, Section
VII, Division 2 in § 193.2321.
• Inserts the year of certain standards
where more than one edition may be
applied.
• Inserts the notation ‘‘Incorporated
by Reference’’ in the regulation text if
not included previously.
In addition, the following technical
corrections and changes are being made
to specific sections as follows:
• Section 192.283(a)(1)(i) currently
states ‘‘or par. 8.9 (Sustained Static
Pressure Test)’’. This sentence has been
deleted because PHMSA believes the
reference is an error. Paragraph 8.9 does
not exist in current edition of ASTM
D2513–99 nor does it appear in several
other versions of this referenced
standard. PHMSA’s staff researched
several editions of ASTM D2513, the
pipeline safety regulations and Federal
Register notices to determine if the
paragraph may have been associated
with a different standard but found no
reference to paragraph 8.9. Furthermore,
PHMSA is clarifying that ASTM D2513–
09a is for PE pipe only as this section
pertains to both PE manufactured to
ASTM D2513–09a and non-PE plastic
manufactured to ASTM D2513–99. The
resulting language will read, ‘‘In the
case of thermoplastic pipe, paragraph
6.6 (Sustained Pressure Test) or
paragraph 6.7 (Minimum Hydrostatic
Burst Test) of ASTM D2513–99 for
plastic materials other than
polyethylene or ASTM D2513–09a for
polyethylene plastic materials
(incorporated by reference, see
§ 192.7).’’
• Section 195.264(b)(1)(i) and (ii)
reference section numbers from an
earlier edition of NFPA–30 previously
incorporated by reference. The section
references are changed to reflect the
current edition section numbers from
NFPA–30 (2012). The new section
numbers are 22.11.1 and 22.11.2.
• Section 195.432(b) states that
operators must inspect the physical
integrity of in-service atmospheric and
low pressure steel aboveground
breakout tanks in accordance with API
Standard 653. PHMSA is amending this
section by disallowing the use of the
procedures in section 6.4.3, Alternative
Internal Inspection Interval, of API
Standard 653. This final rule also
provides instruction to operators who
previously calculated alternative
internal inspection intervals using the
guidance in section 6.4.3 of API Std 653.
• Section 195.452(l) states that an
operator must maintain certain records
for review during an integrity
management (IM) inspection. In this
rule, PHMSA is establishing that
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operators must maintain their IM
records for the useful life of the pipe.
• Section 198.37(f) states operators of
underground pipeline facilities
participating in one-call facility
notification systems must be required to
respond in the manner prescribed in
§ 192.614(b)(4) through (b)(6). This
section is changed to reflect the correct
references from § 192.614(b)(4) through
(b)(6) to § 192.614(c)(4) through (c)(6).
• Section 199.111 contains
conflicting requirements as those stated
in 49 CFR part 40 causing confusion for
both the covered employee and the
operator who must comply with this
section and with Part 40. For example,
in Part 40, it is the responsibility of the
medical review officer (MRO) to select
the laboratory to which the split sample
should be sent however in § 199.111 the
specimen donor (i.e., the covered
employee), and not the MRO, selects the
testing laboratory to which his/her split
specimen should be sent for
corroborating evaluation. Another
discrepancy between the regulations
deals with whether the same laboratory
can retest a split specimen. In order to
eliminate these conflicts, PHMSA is
removing section § 199.111. Operators
are to follow the requirements in Part
40.
III. Advisory Committees Actions
On December 17, 2013, and February
25, 2014, PHMSA conducted meetings
of the Technical Pipeline Safety
Standards Committee (TPSSC) and the
Technical Hazardous Liquid Pipeline
Safety Standards Committee (THLPSSC)
to discuss the NPRM and its regulatory
evaluation. These statutorily-mandated
committees advise PHMSA on the
technical feasibility, reasonableness,
and cost-effectiveness of its proposed
regulations. At the December meeting,
in accordance with 49 U.S.C.
60102(b)(2)(G), each of the committees
voted in favor of adopting all of the
proposed standards to be incorporated,
but there were additional comments and
questions about rework and the impact
of PHMSA’s proposal to incorporate
ASTM D2513–09a with the exception of
section 4.2, ‘‘Rework Material.’’
Members were particularly interested in
learning more about the manufacturing
process and potential contamination
during the extrusion process, and in
soliciting additional information and
opinions from industry experts.
On February 25, 2014, the committees
met again. PHMSA presented more
information on the topic of rework and
regrind issues. Additionally, a panel of
experts, including representatives from
the National Association of Pipeline
Safety Representatives (NAPSR), the
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AGA, the PPI, and an independent
consultant heavily involved with ASTM
standards development, provided their
perspectives on the topic. All
representatives, with the exception of
the PPI representative, supported the
PHMSA proposal. The PPI suggested an
alternative that would limit the use of
rework to pipe larger than 2 inches in
diameter. Additional comments from
the panelists are provided in Section IV
of this document.
In February, the TPSSC voted
unanimously to recommend that the
NPRM, excluding rework issues, was
technically feasible, reasonable,
practicable, and cost-effective.
Prohibiting rework does not affect the
liquid industry.
Transcripts from the committee
meetings are available in the docket for
this rulemaking and in the advisory
committees’ meeting dockets.
IV. Summary of Comments
PHMSA received comments from nine
organizations in response to the NPRM,
including: MSS; API; NFPA; Pipeline
Plastics, LLC; Southwest Gas
Corporation; Chevron Phillips Chemical
Company; PPI; and AGA.
At the two advisory committee
meetings, comments were also received
from the organizations mentioned
above, members of the TPSSC and the
THLPSSC and from representatives of
the Virginia State Corporation
Commission and NAPSR. Their
comments are summarized below.
A. Miscellaneous Changes
MSS recommended that PHMSA
incorporate by reference the 2011 errata
to MSS SP–44–2010, Standard Practice,
‘‘Steel Pipeline Flanges.’’ PHMSA agrees
with this comment and will include the
errata, which contains a minor
correction to Table C4 of the standard
that corrects the number of bolt holes
from 28 to 32 for 42-inch-diameter pipe.
The NFPA representative and a
PHMSA staff member noted that in
existing § 195.264(b)(1)(i) and (ii), the
section references to the standard
incorporated by reference, (i.e., NFPA–
30 (2012 edition)), were incorrect.
Therefore, the section references will
change from section 4.3.2.3.2 to section
22.11.1.
The API provided comments on
incorporating standards, some of which
had not been finalized until after the
NPRM was published, and others that
were outside the scope of this notice,
including: API Std 653, API RP 1162,
API RP 1164, and NFPA–70.
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B. Comments and Discussion on Rework
and Incorporating ASTM D 2513–87,
–99, –09a, ‘‘Specifications for
Thermoplastic Gas Pressure Pipe,
Tubing and Fittings’’ (except section 4.2,
‘‘Rework Materials)
• ASTM D2513–87 and –99—The
Southwest Gas Corporation
recommended that PHMSA eliminate
the incorporation by reference of ASTM
D2513–87, ‘‘Standard Specification for
Thermoplastic Gas Pressure Pipe,
Tubing, and Fittings’’ (for nonpolyethylene plastic materials only) in
§§ 192.7 and 192.63(a)(1) for marking
only, in favor of incorporating the 1999
edition of the standard. Southwest
indicated that the reference to the 1987
edition was introduced in an earlier
amendment to the code at the same time
ASTM D1990c was incorporated as an
update to the 1987 version. Southwest
Gas believed the 1990c version did not
require operators to identify certain
temperature ratings for fittings, so the
1987 version was retained. With the
release of the 1999 edition, the
temperature-marking requirement for
fittings was restored, so Southwest Gas
believed it would be a more appropriate
version to use for marking as well.
PHMSA staff recalled that the 1990c
edition did not require fittings that were
intended for use at elevated
temperatures to be marked to identify
certain temperature ratings, a
requirement that PHMSA believed was
beneficial. Therefore, the 1987 edition
continued to be referenced for the
purpose of marking thermoplastic
fittings. With the release of the 1999
edition, however, the marking intervals
were increased from 2 feet to 5 feet.
PHMSA has decided to retain the 1987
version of ASTM D2513 for purposes of
marking of non-polyethylene plastic
materials because it requires operators
to mark pipe and tubing at intervals of
not more than 2 feet. PHMSA prefers
this more stringent requirement because
the less spacing there is between
markings along a pipe, the easier it is to
identify the pipe during excavation. A
smaller interval also helps reduce the
size of the ditch/hole needed for
excavation. The more stringent
requirement is also present in the 2009a
version of ASTM D2513 for
polyethylene pipe and fittings, so ASTM
D2513–09a will be IBR for purposes of
marking PE materials only.
PHMSA has revised § 192.63(a)(1) to
clarify that ASTM D2513–87 would
continue to apply to the marking of nonPE materials. A specific reference to
ASTM D2513–09a is not needed in
192.63(a)(1) to address marking for PE
materials because (1) it is already listed
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in Appendix B to Part 192, and (2) other
language in § 192.63(a)(1) already
requires each valve, fitting, length of
pipe and other component to be marked
as prescribed in the specification or
standard to which it was manufactured.
• ASTM D 2513–09a (except section
4.2, ‘‘Rework Materials’’)—The
following entities provided comments
on the incorporation of ASTM D2513–
09a and the proposal to exclude the use
of rework materials: AGA; Pipeline
Plastics, LLC; PPI and Chevron Phillips
Chemical Company. All of these
organizations were in favor of
incorporating ASTM D2513–09a for PE
pipe, but had varying comments on the
exclusion of rework materials.
The AGA provided comments to the
docket based on input from its Plastic
Materials Committee (PMC), which
includes operators and plastic pipe
manufacturers. Based on discussions
within the PMC, the AGA suggested an
alternative based on pipe diameter,
whereby no rework material would be
allowed for pipe 2 inches Iron Pipe Size
(IPS) and below in diameter and the
requirements in ASTM D2513–09a,
section 4.2 would be acceptable for pipe
larger than 2 inches IPS in diameter.
The AGA contended that to the extent
there are material issues with rework, it
is reasonable to believe that the risks are
greater with smaller-diameter, thinnerwall pipe, specifically, pipe smaller
than 2 inches in diameter. According to
AGA, many operators have used the 2inch diameter as a threshold for
prohibiting the use of rework, while
others require virgin plastic for all their
piping. The AGA suggested that
establishing the 2-inch diameter
threshold could be a reasonable step as
operators and manufacturers continue to
seek consensus and discuss the issue
within the PMC and with PHMSA.
At the February advisory committee
meetings, a member of the TPSSC and
a gas operator provided comments on
behalf of AGA indicating that, while in
previous comments to the docket, the
organization had recommended PHMSA
adopt an alternative that rework only be
allowed for pipe greater than 2 inches
in diameter, it now recognized that
some of its members now believed there
were continued safety concerns with the
use of reworked pipe and, in an effort
to move forward, the AGA supported
the adoption of ASTM D2513–09a
without rework. The PPI, a major trade
association representing all segments of
the plastics pipe industry, and Pipeline
Plastics, LLC, a major manufacturer of
polyethylene pipe, opposed the
exclusion of rework and recommended
that ASTM D2513–09a be incorporated
in its entirety. These two organizations
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173
referred to the Operations Technology
Development, NFP 1 (OTD) company’s
research Project No. 2.ff (summary
version) titled ‘‘Evaluation for Impact of
Rework’’ which was referenced in the
2009 standard and PPI Technical Note
30 (TN–30), which concluded that the
proper handling and use of rework does
not have a negative effect on any of the
three performance parameters for PE gas
pipe. Therefore, these organizations
believe adhering to the 2009 standard
and PPI TN–30, which provides
guidance for manufacturers and endusers on the safe and proper use of
rework, would adequately address
rework.
The PPI and Pipeline Plastics, LLC
also contended there could be
environmental and cost impacts
associated with prohibiting rework.
These organizations stated that if rework
were prohibited, additional unused
plastic could be put in landfills. They
also indicated that the unused plastic
could be used for other plastic
processing operations, such as blow
molding.
The PPI estimated that using PE scrap
in blow molding rather than regrind in
pipe production could potentially
increase PE pipe manufacturer costs by
$1 million to $3 million annually. This
estimate is based on 2013 PPI resin
usage (est. 200,000,000 lbs. used in gas
distribution pipe production), current
market resin pricing data (price
differential of $0.10 to $0.15 per pound
between pipe grade and blow mold
grade resins), and an estimated 5 to 10
percent scrap generation from extrusion.
At the February joint advisory
committee meeting, a manufacturer
representing PPI raised similar concerns
to those raised during the comment
period. The following concerns were
presented.
Æ Cost of gas distribution pipe. The
PPI felt that there is no other market in
North America for medium-density
polyethylene pipe other than gas
distribution, the majority of which uses
medium density pipe. The PPI stated
that all other polyethylene markets use
high-density pipe. Therefore, if
reworked pipe is not allowed, the cost
of the medium-density pipe would be
discounted to a non-pressure pipe or
commodity product price. This could
cause manufacturers to see an inherent
loss in value based on scrap levels.
1 Operations Technology Development (OTD) is a
not-for-profit corporation led by 22 members who
serve over 28 million natural gas consumers in 27
states and Canada. OTD develops advanced
technologies for the natural gas industry; U.S.
utilities combined interests, expertise, and
resources into focused Research & Development
projects.
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Some manufacturers felt the estimated
$1 million to $3 million cost impact was
low because there is no true alternative
market to sell pipe that can’t be used for
gas transportation. It would not be
worth regrinding pipe, transferring that
material to another facility and
manufacturing something else. The PPI
admitted it couldn’t share more detailed
costs due to anti-trust concerns and,
therefore, was unable to give a true
number.
Æ Eliminating rework won’t result in
better-quality pipe. PPI expressed the
view that eliminating rework won’t
necessarily result in better-quality pipe
and rework doesn’t address other
sources of contamination. In the PPI’s
opinion, rework pressures operators and
manufacturers to minimize scrap. The
PPI also felt there was no true way to
test a pipe later to determine whether or
not it was manufactured with rework
material. If operators required no rework
in their specifications, it would be
difficult to trace and audit.
Æ Oil and gas gathering lines. The PPI
indicated it had several members whose
pipelines had previously been
unregulated but which had now became
regulated due to encroaching
development. To protect themselves,
midstream users are requiring pipe for
oil and gas gathering lines to meet
ASTM D2513. If rework is not allowed,
midstream users will also have to
comply. The industry is concerned if
reworked pipe is not allowed for oil and
gas gathering lines, which is almost half
of the total pressure pipe market, there
would be an even larger cost impact.
Based on their concerns, the PPI
suggested an alternative to only prohibit
rework in pipes larger than 2 inches in
diameter.
Dura-Line, a pipeline manufacture,
stated that their company has been
rework-free for a full year and that they
instead supported the AGA’s position to
not allow rework. The statement was
made for the record that its position was
not unanimous among its membership.
Another member of the public stated
that while the vote at the PPI was not
unanimous, the PPI has a consensus
process to follow, and it was the
decision of their Energy Piping Systems
Committee to move this issue forward in
the manner they did. This individual
urged support of the PPI
recommendation.
Chevron Phillips preferred
incorporating ASTM D2513–09a in its
entirety but suggested if additional
limitations were to be adopted, it would
recommend adopting sizing restrictions,
such as limiting the use of rework to
pipes with wall thicknesses greater than
0.170 inches. They also suggested there
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could be additional costs associated
with prohibiting rework. According to
Chevron Phillips, PE gas pipe resins are
specifically tailored through processing
and additives to yield the highest
quality pipe and fitting products. If the
rework materials from these products
cannot be used in the manufacture of
gas pipes, they will be less valuable in
alternate products. According to
Chevron Phillips, the cost of the raw
material is by far the largest contributor
to the overall cost of the pipe or fittings,
and an increased cost would have to be
passed on to the utilities and
consumers, which will affect the
competitive position of PE gas pipe.
An independent expert discussed his
experience with both operators and the
standards developing committees, and
the extent to which other countries
allow rework. He stated that Canada is
considering not allowing rework in the
Canadian Standards Association (CSA)
B137.4, which is the standard similar to
ASTM D2513 for polyethylene gas pipe.
He also reported that rework is not
allowed in France, the Netherlands,
Belgium and Korea. The United
Kingdom requires that either no rework
material be used, or, if it is used, the
pipe must be 100 percent reworked
material (not a combination). He also
acknowledged the ongoing work in
ASTM to develop a standard for the
proper use of rework and a recent
revision to PPI TN–30, both of which he
acknowledged are good documents.
However, in his opinion, these
documents mainly provide good
recommendations for material handling.
He believed the only true guaranteed
means to prevent contamination from
rework is not to allow rework in ASTM
D2513–09a. He noted that although he
is a member of the PPI, he was not in
support of the group’s position and
recommended the advisory committees
support the PHMSA proposal regarding
adoption of ASTM D2513–09a, with the
exception of rework.
An individual from the Virginia State
Corporation Commission (speaking on
behalf of himself) stated that he had
conducted research on the use of rework
in the U.S. and in other parts of the
world. He expressed concern that PPI
TN–30 provides no guidance on
cleaning, the verification process, or
testing requirements prior to regrind
material use, which does not assure that
reground material is free from
contamination. He also stated that using
magnets to attract certain materials is
not reliable, as magnets do not attract
particles including non-ferrous
materials, brass, aluminum and dust. He
stated that some pipe might also sit for
periods of time with the manufacturer
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and become oxidized, which causes
harm to pipe material. Such oxidized
pipe may then be ground up and
introduced into the rework process. He
added that rework is not allowed for
pipe built to American Association of
State of Highway Transportation
Officials’ standards, and that ASTM is
currently working on a standard, ASTM
WK–37322, where they are looking to
the possibility of eliminating the use of
rework entirely.
C. Advisory Committees—Action/Q & A
A member from the Iowa Utilities
Board asked why some operators require
virgin plastic materials while others use
the 2-inch measure as explained by
AGA. PHMSA explained that the use of
virgin plastic or the 2-inch measure is
determined on an operator-by-operator
basis. A member of the gas committee,
representing industry, stated that
National Grid uses only virgin material
plastic. The selection and use of the
material is decided by their materials
engineering manager who bases his
decision on experience, examination of
pipe tested in their lab, and field work.
Ultimately, the materials engineering
manager was more comfortable with
using virgin material.
A member of the liquid committee,
representing the Virginia State
Corporation Commission, stated that
from his experience, companies in
Virginia recognize that using virgin
materials may not be the real issue at
all. Instead, there is more of a concern
that there is opportunity for pipe
material to be contaminated during the
manufacturing process. The plastic pipe
manufacturing process is an area where
there are few standards.
A member of the gas committee,
representing the public from Hartford
Steam Boiler, asked how PHMSA would
control the implementation of a
standard that banned the use of rework
but where the pipe was marked as
meeting specifications and the industry
specification permitted rework material.
PHMSA replied that, from a regulatory
standpoint, the IBR of ASTM D2513–
09a would have a caveat stating the
exception to section 4.2 (addressing
rework). In addition, a documentation
system to trace raw material is required
under section 4.3. Therefore, both
manufacturers and operators would
need to keep adequate records. The
ultimate responsibility for verifying the
type of pipe actually used would rest
with the operator.
A member of the liquid committee
provided comments on behalf of
NAPSR, stating that the PHMSA
presentation adequately described
NAPSR’s concerns. The member stated
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that NAPSR feels the ratepayers pay for
good pipe that’s made of virgin material
and should last not just a few years, but,
if constructed properly, for the next 100
years. With that, NAPSR was opposed to
any use of rework for construction of
plastic pipe for gas.
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D. PHMSA Position on Rework
At the February advisory committee
meetings, a PHMSA staff member
provided more background information
on rework and described the differences
in the three versions of the standards
proposed. He also presented additional
technical and field perspective on issues
surrounding rework itself, as well as
applicable requirements or guidance
found in ASTM D2513–09a and PPI
TN–30. Among the new technical
information presented, the PHMSA staff
member provided information from
several other reports: ‘‘Analysis of
Microscopic Leaks in Polyethylene Gas
Distribution Piping’’ by Electric Power
Research Institute (EPRI);
‘‘Electrochemical Treeing in Cable’’ by
Phelps Dodge Cable and Wire Company
(January 1978); and ‘‘Deterioration of
Water Immersed Polyethylene-Coated
Wire by Treeing’’ by Takao Miyashita
(IEEE Member) (March 1971).
These reports indicated that rework
could potentially be an issue of concern,
particularly through breakdown of
dielectric properties, the development
of pinhole leaks, and static discharge.
The PHMSA staff member restated
several of the technical issues
referenced in the OTD report,
‘‘Evaluation of Impact of Rework,’’
mentioned by several commenters and
indicating that rework was not an issue.
The PHMSA staff member did
acknowledge that none of the reports
mentioned thus far was definitive, one
way or another. The PHMSA staff
member presented information on the
extent to which other countries and
industries allow rework. Previous
comments from manufacturers indicated
no other country or industry prohibits
rework, and the U.S. (through PHMSA)
would be the first to do so. In the United
States, the nuclear industry does not
allow scrap or regrind material per Code
Case N–755. While the Code Case is not
directly incorporated under Title 10, in
part because plastic is newer to the
nuclear industry and there may be some
other issues with the Code Case, anyone
who wants to use plastic instead of steel
in the nuclear industry needs to present
technical information to justify the use
of plastic. It is typically expected that
anyone who wants to use plastic pipe
must comply with N–755, including not
allowing the use of regrind material.
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The electric industry has also
experienced poor performance on
insulation materials and effects from
contamination and has developed better
standards and quality-control
procedures. A listing of references to
additional reports was provided and is
available on the meeting Web site and
on the docket. For other countries, the
PHMSA staff member noted that Canada
is considering prohibiting rework
through a standard being developed by
the CSA. The PHMSA staff member also
understood many foreign operators do
not allow rework.
After reviewing the comments and
materials provided, PHMSA is not
convinced there is adequate justification
to allow rework materials (section 4.2 of
ASTM D2513–09a) for PE pipe at this
time. PHMSA believes commenters did
not make it clear how incorporating the
standard in its entirety for all PE piping
would provide an equivalent level of
safety or better. It appears there is more
evidence indicating that the exclusion
of rework would provide increased
safety for operators due to the concern
of contamination of the materials during
the manufacturing process and,
therefore, contaminating the new pipe.
Comments received concerning
potential costs associated with
prohibiting rework entirely may not
have taken all relevant factors into
account (e.g., how many operators are
actually allowing rework materials).
PHMSA believes the commenters may
have also overestimated the cost impact
on manufacturers because the results
appear to be based on the assumptions
that rework is currently allowed by all
pipeline operators. PHMSA has learned
however, from comments made by the
AGA, NAPSR, and an advisory
committee industry member that some
operators currently prohibit rework for
piping under a certain diameter, with
many operators already requiring the
use of virgin plastic pipe only. The
available data based on industry-wide
practices and action costs does not
appear to indicate a significant increase
in costs to manufacturers or operators.
If some additional costs are incurred
to improve quality control and
assurance processes, PHMSA believes
any improvements in manufacturing
quality assurance/quality control are
likely to be outweighed by the benefits
for pipeline safety.
Some commenters stated reworked
material is sometimes used for
alternative purposes such as blow
molding. The PPI suggested there is no
other market for medium-density PE
pipe other than gas distribution.
PHMSA believes additional guidance
on manufacturing procedures could
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175
possibly reduce the amount of scrap
used for rework material. The ASTM is
currently developing a standard for the
proper use of rework, and a recent
revision to PPI TN–30 provides good
recommendations for materials
handling.
While PPI’s concerns related to oil
and gas gathering lines may have some
validity, and there may be a time when
more oil and gas gathering lines could
become regulated, any such discussions
are outside the scope of this rulemaking.
PHMSA does, however, commit to
engage with the manufacturers and
other relevant stakeholders when
discussing the use of plastic materials in
oil and gas gathering lines.
PHMSA stands by its original
proposal to incorporate ASTM D2513–
09a for PE pipe and continue to
reference ASTM D2513–99 for non-PE
plastic pipe but prohibit the use of
rework material. PHMSA will also
continue to reference ASTM D2513–87
for marking only of non-PE plastic pipe.
V. Public Availability of Standards
All incorporated by reference
documents addressed in this rule are
available for visual inspection, as
required by Section 24 of Public Law
112–90, January 3, 2012, and amended
49 U.S.C. 60102 on January 3, 2013 at
the following locations:
—The U.S. Department of
Transportation, Pipeline and
Hazardous Materials Safety
Administration, Office of Pipeline
Safety, 1200 New Jersey Avenue SE.,
Washington, DC 20590–0001 or any of
PHMSA’s five regional offices
(addresses available at: 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. If you want to view
the standards for free or purchase
copies of the standards incorporated
by reference, they are available from
each of the SDOs listed above and
may also be available on the open
market. With this rule, the SDO Web
sites have been added to the listing of
documents incorporated by reference
in each part.
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VI. Regulatory Analyses and Notices
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A. Summary/Legal Authority for This
Rulemaking
This final rule is published under the
authority of the Federal pipeline safety
law (49 U.S.C. 60101 et seq.). Section
60102 authorizes the Secretary of
Transportation to issue regulations
governing the design, installation,
inspection, emergency plans and
procedures, testing, construction,
extension, operation, replacement, and
maintenance of pipeline facilities.
Further, Section 60102(l) of the Federal
pipeline safety law states that the
Secretary shall, to the extent appropriate
and practicable, update incorporated
industry standards that have been
adopted as a part of the Federal pipeline
safety regulations. This final rule
incorporates by reference two new
editions (one partially incorporated) and
21 updated standards of those currentlyreferenced standards (wholly or in part).
In addition, this final rule makes several
other miscellaneous and editorial
changes to the pipeline safety
regulations.
B. Executive Order 12866, Executive
Order 13563, and DOT Regulatory
Policies and Procedures
This final rule is not considered a
significant regulatory action under
section 3(f) of Executive Order 12866
(58 FR 51735) and, therefore, was not
subject to review by the Office of
Management and Budget (OMB). This
final rule is considered non-significant
under the Regulatory Policies and
Procedures of the Department of
Transportation (44 FR 11034).
In accordance with the National
Technology and Advancement Act of
1995 (‘‘the Act’’) and OMB Circular
A–119, ‘‘Federal Participation in the
Development and Use of Voluntary
Consensus Standards and in Conformity
Assessment Activities,’’ PHMSA
constantly reviews new editions and
revisions to relevant standards and
publishes a proposed rule every 2 years
to incorporate by reference new or
updated consensus standards. This
practice is consistent with the intent of
the Act and OMB directives to avoid the
need for developing government-written
standards that could potentially result
in regulatory conflicts with updated
standards and an increased compliance
burden on industry. In this final rule,
PHMSA also incorporates by reference
two new standards, API RP 5LT and
ASTM D2513–09a (excluding section
4.2—Rework Material), and updates 21
currently referenced standards and
specifications in 49 CFR parts 192, 193,
and 195.
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According to the annual reports
pipeline operators submit to PHMSA,
there are over 2,370 entities operating
hazardous liquid, natural gas
transmission, gathering, distribution
systems, and liquefied natural gas
facilities as of December 31, 2011. The
amendments in this rule should
enhance safety and reduce the
compliance burden on the regulated
industry.
PHMSA estimates the costs of
incorporating these standards to be
negligible and the net benefits to be
high. In fact, industry standards
developed and adopted by consensus
are largely accepted and followed by the
pipeline industry, which assures that
the industry is not forced to comply
with a number of different standards to
accomplish the same safety goal. The
majority of pipeline operators already
purchase and apply industry standards
as part of common business practice.
In addition to incorporating new and
updating existing voluntary consensus
standards, PHMSA is making nonsubstantive edits and clarifying
regulatory language in certain
provisions. Since these editorial
changes are relatively minor, this rule
would not require pipeline operators to
undertake significant new pipeline
safety initiatives and would have
negligible cost implications. The nonsubstantive changes will increase the
clarity of the pipeline safety regulations,
and help improve compliance, and
improve the safety of the nation’s
pipeline systems.
Executive Order 13563 is
supplemental to and reaffirms the
principles, structures, and definitions
governing regulatory review that were
established in Executive Order 12866,
Regulatory Planning and Review, of
September 30, 1993. Additionally,
Executive Order 13563 specifically
requires agencies to: (1) Involve the
public in the regulatory process; (2)
promote simplification and
harmonization through interagency
coordination; (3) identify and consider
regulatory approaches that reduce
burden and maintain flexibility; (4)
ensure the objectivity of any scientific
or technological information used to
support regulatory action; and (5)
consider how to best promote
retrospective analysis to modify,
streamline, expand, or repeal existing
rules that are outmoded, ineffective,
insufficient, or excessively burdensome.
When developing this rule, PHMSA
involved the public in the regulatory
process in a variety of ways.
Specifically, PHMSA addressed issues
and errors that were identified and
tagged for future rulemaking
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consideration in letters from the
regulated community and through
meetings and correspondence with
stakeholders. PHMSA considered public
comments based on the proposals in the
NPRM, addressed those comments in
the docket, and discussed the proposals
with the members of its two advisory
committees and public representatives
in attendance.
These standards are expected to
produce a safety benefit derived from
new requirements with minimal
additional costs.
C. Executive Order 13132
PHMSA analyzed this final rule in
accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’). The final rule
does not have a substantial direct effect
on the states, the relationship between
the national government and the states,
or the distribution of power and
responsibilities among the various
levels of government. The final rule
does not impose substantial direct
compliance costs on state and local
governments nor will it preempt state
law for intrastate pipelines. Therefore,
the consultation and funding
requirements of Executive Order 13132
do not apply.
D. Executive Order 13175
PHMSA analyzed the final rule
according to Executive Order 13175,
‘‘Consultation and Coordination with
Indian Tribal Governments.’’ Because
the final rule does not significantly or
uniquely affect the communities of the
Indian Tribal Governments or impose
substantial direct compliance costs, the
funding and consultation requirements
of Executive Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive
Order 13272 and DOT Procedures and
Policies
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.), requires an agency
to review regulations to assess their
impact on small entities, unless the
agency determines the rule is not
expected to have a significant impact on
a substantial number of small entities.
An example of a small business may
include technical experts from a
publicly owned natural gas local
distribution company.
Technical committees that develop
codes and standards are, for the most
part, comprised of experts representing
the various facets of a given industry,
such as manufacturers, installers,
insurers, inspectors, end users,
distributors and regulatory agencies.
Participants represent both large and
small businesses and others. An
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example of the make-up of a typical
standards committee may include
representatives (engineers, researchers,
or risk management officers) from large
and small operating companies,
government members (Federal/state),
risk management consultants, insurance
administrators, academics and
individuals. Meetings are open to the
public. The committees involved in
developing, revising, and approving
consensus standards created by
organizations such as the API or AGA
include technical experts, operating
companies, vendors, consultants,
academics, and regulators.
The impact of this final rule will not
have a significant impact on compliance
cost regardless of the size of the firm.
The changes update current editions of
industry standards to allow for the use
of newer or updated safety procedures
to promote uniformity among industry
practices. Changes in standards
employing performance-based
approaches have resulted in fewer
costly changes to an organization’s
manufacturing processes.
Consideration of alternative proposals
for small businesses: The Regulatory
Flexibility Act directs agencies to
establish expectations and differing
compliance standards for small
businesses, where it is possible to do so,
while still meeting the objectives of
applicable regulatory statutes. In the
case of hazardous liquid, natural gas
and other types of materials transported
by pipeline, any exceptions are
considered during the rulemaking
process. For the most part, differing
standards are not possible due to the
type of technical requirements covered
by these standards. The impact of this
final rule will be minimal. The changes
are intended to provide industry
guidance through adoption of newer
editions of consensus standards and
recommended practices.
Based on the facts available about the
anticipated impact of this rulemaking, I
certify, under Section 605 of the
Regulatory Flexibility Act (5 U.S.C.
605), that this final rule will not have a
significant economic impact on a
substantial number of small entities.
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F. Paperwork Reduction Act
This final rule does not impose any
new information collection
requirements.
G. Regulation Identifier Number
A regulation identifier number (RIN)
is assigned to each regulatory action
listed in the Unified Agenda of Federal
Regulations. The Regulatory Information
Service Center publishes the Unified
Agenda in April and October of each
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year. The RIN number contained in the
heading of this document can be used
to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act of
1995
This final rule will not impose
unfunded mandates under the
Unfunded Mandates Reform Act of
1995. It will not result in costs of $100
million (adjusted for inflation currently
estimated to be $132 million) or more in
any one year to either state, local or
tribal governments, in the aggregate, or
to the private sector, and would be the
least burdensome alternative that
achieves the objective of this final rule.
I. Privacy Act Statement
Anyone may search the electronic
form of comments received in response
to any of our dockets by the name of the
individual submitting the comment (or
signing the comment if submitted for an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19477), or you may visit
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
regulations require Federal agencies to
conduct an environmental review
considering: (1) The need for the
proposed action; (2) alternatives to the
proposed action; (3) probable
environmental impacts of the proposed
action and alternatives; and (4) the
agencies and persons consulted during
the consideration process (40 CFR
1508.9(b)). In this final rule, PHMSA
incorporates two new standards (one
partially) and incorporates 21 updated
standards of those currently referenced.
This final rule also makes miscellaneous
and editorial changes to the pipeline
safety regulations.
Description of Action: The National
Technology Transfer and Advancement
Act of 1995 directs Federal agencies to
use voluntary consensus standards and
design specifications developed by
voluntary consensus standard bodies
instead of government-developed
voluntary technical standards, when
applicable. There are currently 64
standards incorporated by reference in
Parts 192, 193 and 195 of the pipeline
safety regulations.
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177
PHMSA engineers and subject matter
experts participate on approximately 25
standards development committees to
keep current on committee actions.
PHMSA will only propose to adopt
standards into the Federal regulations
that meet the agency’s directive(s) to
ensure the best interests of public and
environmental safety are served.
Purpose and Need: Many of the
industry standards currently
incorporated by reference in the
pipeline safety regulations have been
revised and updated to incorporate and
promote new technologies and
methodologies. This final rule will
allow operators to use new technologies
by incorporating new editions of the
standards into the pipeline safety
regulations.
PHMSA’s technical experts
continually review the actions of
pipeline standards developing
committees and study industry safety
practices to ensure that their
endorsement of any new editions or
revised standards incorporated into the
Federal safety regulations will improve
public safety, as well as provide
protection for the environment. If
PHMSA does not amend the Federal
safety standards to keep up with
industry practices, it could potentially
have an adverse effect on the
transportation of energy resources.
These amendments will make the
regulatory provisions more consistent
with current technology and will
therefore promote the safe
transportation of hazardous liquids,
natural and other gases and liquefied
natural gas by pipeline.
Alternatives Considered: In
developing this final rule, PHMSA
considered two alternatives:
Alternative (1): Take no action and
continue to incorporate the existing
standards currently referenced in the
pipeline safety regulations.
Because PHMSA’s goal is to facilitate
pipeline safety, PHMSA rejected the
alternative to take no action.
Alternative (2): Go forward with the
proposed amendments and incorporate
updated editions of voluntary consensus
standards to allow pipeline operators to
use current technologies. This is the
selected alternative.
PHMSA’s goal is to incorporate by
reference all or parts of updated editions
of voluntary consensus standards into
the pipeline safety regulations to allow
pipeline operators to use current
technology, new materials, and other
industry and management practices.
Another goal is to update and clarify
certain provisions in the regulations.
Environmental Consequences: The
Nation’s pipelines are located
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Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Rules and Regulations
throughout the United States, both
onshore and offshore, and traverse a
variety of environments—from highly
populated urban sites to remote,
unpopulated rural areas. The Federal
pipeline regulatory system is a risk
management system that is preventionoriented and focused on identifying
safety hazards and reducing the
probability and quantity of a natural gas
or hazardous liquid release. Pipeline
operators are required to develop and
implement IM programs to enhance
safety by identifying and reducing
pipeline integrity risks.
Pipelines subject to this final rule
transport hazardous liquids and natural
gas, and therefore a spill or leak of the
product could affect the physical
environment as well as the health and
safety of the public. The release of
hazardous liquids or natural gas can
cause the loss of cultural and historical
resources (e.g., properties listed on the
National Register of Historic Places),
biological and ecological resources (e.g.,
coastal zones, wetlands, plant and
animal species and their habitats,
forests, grasslands, offshore marine
ecosystems), special ecological
resources (e.g., threatened and
endangered plant and animal species
and their habitats, national and state
parklands, biological reserves, wild and
scenic rivers), and the contamination of
air, water resources (e.g., oceans,
streams, lakes), and soil that exist
directly adjacent to and within the
vicinity of pipelines. Incidents
involving pipelines can result in fires
and explosions, causing damage to the
local environment. Depending on the
size of a spill or gas leak and the nature
of the failure zone, the potential impacts
could vary from property damage or
environmental damage, injuries or, on
rare occasions, fatalities.
Compliance with the pipeline safety
regulations substantially reduces the
possibility of an accidental release of
product. Updating new industry
standards or those already incorporated
into the pipeline safety regulations
provides operators with the advantage
and added safety of applying newer
technologies. These standards are based
on the accumulated knowledge and
experience of owners, operators,
manufacturers, risk management experts
and others involved in the pipeline
industry or government agencies who
write the regulations to ensure the
products are moved safely throughout
the country. PHMSA staff actively
participates in the standards
development process to ensure each
standard incorporated will enhance
safety and environmental protection.
Newer editions are not automatically
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incorporated but reviewed in detail.
PHMSA reviewed each of the standards
described in this rule and have
determined that the majority of the
updates include nearly minor changes
such as editorial changes, inclusion of a
best practices, or similar changes.
The discussion of the standards
PHMSA has chosen not to incorporate at
this time or that are to be partial
incorporated is included under section
II of this rule.
Conclusion—Degree of Environmental
Impact: PHMSA incorporates consensus
standards that will allow the pipeline
industry to use improved technologies,
new materials, performance-based
approaches, manufacturing processes, or
other practices to enhance public
health, safety and welfare. PHMSA’s
goal is to ensure hazardous liquids,
natural and other gases and liquefied
natural gas transported by pipeline will
arrive safely to its destination.
PHMSA has determined that the
selected alternative will not have a
significant impact on the environment.
K. Executive Order 13211
Transporting gas and petroleum
affects the Nation’s available energy
supply. However, this final rule would
not be a significant energy action under
Executive Order 13211. It also would
not be a significant regulatory action
under Executive Order 12866 and
would not likely have a significant
adverse effect on the supply,
distribution, or use of energy. Further,
the Administrator of the Office of
Information and Regulatory Affairs
would not be likely to identify this final
rule as a significant energy action.
List of Subjects
49 CFR Part 192
Incorporation by reference, Natural
gas, Pipeline safety.
49 CFR Part 193
Incorporation by reference, Liquefied
natural gas, Pipeline safety.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide,
Incorporation by reference, Petroleum
pipeline safety.
49 CFR Part 198
Grant programs—transportation,
Pipeline safety, Reporting and
recordkeeping requirements.
49 CFR Part 199
Drug and alcohol testing.
In consideration of the foregoing,
PHMSA amends 49 CFR parts 192, 193,
195, 198, and 199 as follows:
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PART 192—TRANSPORTATION OF
NATURAL AND OTHER GAS BY
PIPELINE: MINIMUM FEDERAL
SAFETY STANDARDS
1. The authority citation for Part 192
continues to read as follows:
■
Authority: 49 U.S.C. 5103, 60102, 60104,
60108, 60109, 60110, 60113, 60116, 60118
and 60137; and 49 CFR 1.97.
§§ 192.923, 192.925, 192.931, 192.935,
192.939 [Amended]
2. In 49 CFR part 192, remove the term
‘‘NACE SP0502–2008’’ and add in its
place ‘‘NACE SP0502’’ everywhere it
appears in the following sections:
■ a. Section 192.923(b)(1);
■ b. Section 192.925(b) introductory
text;
■ c. Section 192.925(b)(1) introductory
text;
■ d. Section 192.925(b)(1)(ii);
■ e. Section 192.925(b)(2) introductory
text;
■ f. Section 192.925(b)(3) introductory
text;
■ g. Section 192.925(b)(3)(ii)(A);
■ h. Section 192.925(b)(3)(ii)(B);
■ i. Section 192.925(b)(3)(iv);
■ j. Section 192.925(b)(4) introductory
text;
■ k. Section 192.925(b)(4)(ii);
■ l. Section 192.931(d);
■ m. Section 192.935(b)(1)(iv);
■ n. Section 192.939(a)(2).
■ 3. 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 into this part with the
approval of the Director of the Federal
Register in 5 U.S.C. 552(a) and 1 CFR
part 51. The materials listed in this
section have the full force of law. To
enforce any edition other than that
specified in this section, PHMSA must
publish a notice of change in the
Federal Register.
(1) Availability of standards
incorporated by reference. All of the
materials incorporated by reference are
available for inspection from several
sources, including the following:
(i) The Office of Pipeline Safety,
Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590. For
more information contact 202–366–4046
or go to the PHMSA Web site at: https://
www.phmsa.dot.gov/pipeline/regs.
(ii) The National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030 or
go to the NARA Web site at: https://
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Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Rules and Regulations
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
(iii) Copies of standards incorporated
by reference in this part can also be
purchased or are otherwise made
available from the respective standardsdeveloping organization at the addresses
provided in the centralized IBR section
below.
(2) [Reserved]
(b) American Petroleum Institute
(API), 1220 L Street NW., Washington,
DC 20005, phone: 202–682–8000, 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,’’ First
edition, March 2012, (API RP 5LT), IBR
approved for § 192.65(c).
(3) API Recommended Practice 5LW,
‘‘Recommended Practice for
Transportation of Line Pipe on Barges
and Marine Vessels,’’ 3rd edition,
September 2009, (API RP 5LW), IBR
approved for § 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), and (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).
(7) API Specification 5L,
‘‘Specification for Line Pipe,’’ 45th
edition, effective July 1, 2013, (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, effective October 1, 2008,
including Errata 1 (June 2008), Errata2
(/November 2008), Errata 3 (February
2009), Errata 4 (April 2010), Errata 5
(November 2010), Errata 6 (August
2011) Addendum 1 (October 2009),
Addendum 2 (August 2011), and
Addendum 3 (October 2012), (ANSI/API
Spec 6D), IBR approved for § 192.145(a).
(9) API Standard 1104, ‘‘Welding of
Pipelines and Related Facilities,’’ 20th
edition, October 2005, including errata/
addendum (July 2007) and errata 2
(2008), (API Std 1104), IBR approved for
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§§ 192.225(a); 192.227(a); 192.229(c);
192.241(c); and Item II, Appendix B.
(c) ASME International (ASME),
Three Park Avenue, New York, NY
10016, 800–843–2763 (U.S./Canada),
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,’’ 2004, (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,’’
2004, (ASME/ANSI B31.8S–2004), IBR
approved for §§ 192.903 note to
Potential impact radius; 192.907
introductory text, (b); 192.911
introductory text, (i), (k), (l), (m);
192.913(a), (b), (c); 192.917 (a), (b), (c),
(d), (e); 192.921(a); 192.923(b);
192.925(b); 192.927(b), (c); 192.929(b);
192.933(c), (d); 192.935 (a), (b);
192.937(c); 192.939(a); and 192.945(a).
(6) ASME Boiler & Pressure Vessel
Code, Section I, ‘‘Rules for Construction
of Power Boilers 2007,’’ 2007 edition,
July 1, 2007, (ASME BPVC, Section I),
IBR approved for § 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
of Pressure Vessels,’’ 2007 edition, July
1, 2007, (ASME BPVC, Section VIII,
Division 2), IBR approved for
§§ 192.153(b), (d); and 192.165(b).
(9) ASME Boiler & Pressure Vessel
Code, Section IX: ‘‘Qualification
Standard for Welding and Brazing
Procedures, Welders, Brazers, and
Welding and Brazing Operators,’’ 2007
edition, July 1, 2007, ASME BPVC,
Section IX, IBR approved for
§§ 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
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Drive, PO Box C700, West
Conshohocken, PA 19428, phone: (610)
832–9585, Web site: https://
www.astm.org/.
(1) ASTM A53/A53M–10, ‘‘Standard
Specification for Pipe, Steel, Black and
Hot-Dipped, Zinc-Coated, Welded and
Seamless,’’ approved October 1, 2010,
(ASTM A53/A53M), IBR approved for
§ 192.113; and Item II, Appendix B to
Part 192.
(2) ASTM A106/A106M–10,
‘‘Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature
Service,’’ approved October 1, 2010,
(ASTM A106/A106M), IBR approved for
§ 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,’’ approved April
1, 2011, (ASTM A333/A333M), IBR
approved for § 192.113; and Item I,
Appendix B to Part 192.
(4) ASTM A372/A372M–10,
‘‘Standard Specification for Carbon and
Alloy Steel Forgings for Thin-Walled
Pressure Vessels,’’ approved October 1,
2010, (ASTM A372/A372M), IBR
approved for § 192.177(b).
(5) ASTM A381–96 (reapproved
2005), ‘‘Standard Specification for
Metal-Arc Welded Steel Pipe for Use
with High-Pressure Transmission
Systems,’’ approved October 1, 2005,
(ASTM A381), IBR approved for
§ 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,’’
approved April 1, 2010, (ASTM A671/
A671M), IBR approved for § 192.113;
and Item I, Appendix B to Part 192.
(8) ASTM A672/A672M–09,
‘‘Standard Specification for ElectricFusion-Welded Steel Pipe for HighPressure Service at Moderate
Temperatures,’’ approved October 1,
2009, (ASTM A672/672M), IBR
approved for § 192.113 and Item I,
Appendix B to Part 192.
(9) ASTM A691/A691M–09,
‘‘Standard Specification for Carbon and
Alloy Steel Pipe, Electric-FusionWelded for High-Pressure Service at
High Temperatures,’’ approved October
1, 2009, (ASTM A691/A691M), IBR
approved for § 192.113 and Item I,
Appendix B to Part 192.
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(10) ASTM D638–03, ‘‘Standard Test
Method for Tensile Properties of
Plastics,’’ 2003, (ASTM D638), IBR
approved for § 192.283(a) and (b).
(11) ASTM D2513–87, ‘‘Standard
Specification for Thermoplastic Gas
Pressure Pipe, Tubing, and Fittings,’’
(ASTM D2513–87), IBR approved for
§ 192.63(a).
(12) ASTM D2513–99, ‘‘Standard
Specification for Thermoplastic Gas
Pressure Pipe, Tubing, and Fittings,’’
(ASTM D 2513–99), IBR approved for
§§ 192.191(b); 192.281(b); 192.283(a)
and Item 1, Appendix B to Part 192.
(13) ASTM D2513–09a, ‘‘Standard
Specification for Polyethylene (PE) Gas
Pressure Pipe, Tubing, and Fittings,’’
approved December 1, 2009, (ASTM
D2513–09a), IBR approved for
§§ 192.123(e); 192.191(b); 192.283(a);
and Item 1, Appendix B to Part 192.
(14) ASTM D2517–00, ‘‘Standard
Specification for Reinforced Epoxy
Resin Gas Pressure Pipe and Fittings,’’
(ASTM D 2517), IBR approved for
§§ 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, Web site: www.gastechnology.org.
(1) GRI 02/0057 (2002) ‘‘Internal
Corrosion Direct Assessment of Gas
Transmission Pipelines Methodology,’’
(GRI 02/0057), IBR approved for
§ 192.927(c).
(2) [Reserved]
(f) Manufacturers Standardization
Society of the Valve and Fittings
Industry, Inc. (MSS), 127 Park St. NE.,
Vienna, VA 22180, phone: 703–281–
6613, Web site: https://www.mss-hq.
org/.
(1) MSS SP–44–2010, Standard
Practice, ‘‘Steel Pipeline Flanges,’’ 2010
edition, (including Errata (May 20,
2011)), (MSS SP–44), IBR approved for
§ 192.147(a).
(2) [Reserved]
(g) NACE International (NACE), 1440
South Creek Drive, Houston, TX 77084:
phone: 281–228–6223 or 800–797–6223,
Web site: https://www.nace.org/
Publications/.
(1) ANSI/NACE SP0502–2010,
Standard Practice, ‘‘Pipeline External
Corrosion Direct Assessment
Methodology,’’ revised June 24, 2010,
(NACE SP0502), IBR approved for
§§ 192.923(b); 192.925(b); 192.931(d);
192.935(b) and 192.939(a).
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(2) [Reserved]
(h) National Fire Protection
Association (NFPA), 1 Batterymarch
Park, Quincy, Massachusetts 02169,
phone: 1 617 984–7275, Web site:
https://www.nfpa.org/.
(1) NFPA–30 (2012), ‘‘Flammable and
Combustible Liquids Code,’’ 2012
edition, June 20, 2011, including Errata
30–12–1 (September 27, 2011) and
Errata 30–12–2 (November 14, 2011),
(NFPA–30), IBR approved for
§ 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,’’ 2011 edition, issued
August 5, 2010, (NFPA–70), IBR
approved for §§ 192.163(e); and
192.189(c).
(i) Pipeline Research Council
International, Inc. (PRCI), c/o Technical
Toolboxes, 3801 Kirby Drive, Suite 520,
P.O. Box 980550, Houston, TX 77098,
phone: 713–630–0505, toll free: 866–
866–6766, Web site: https://
www.ttoolboxes.com/. (Contract number
PR–3–805.)
(1) AGA, Pipeline Research
Committee Project, PR–3–805, ‘‘A
Modified Criterion for Evaluating the
Remaining Strength of Corroded Pipe,’’
(December 22, 1989), (PRCI PR–3–805
(R–STRENG)), IBR approved for
§§ 192.485(c); 192.933(a) and (d).
(2) [Reserved]
(j) Plastics Pipe Institute, Inc. (PPI),
105 Decker Court, Suite 825 Irving TX
75062, phone: 469–499–1044, 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.
(2) [Reserved]
§ 192.55
§ 192.11
■
[Amended]
4. In § 192.11:
a. Amend paragraph (a) by removing
the term ‘‘ANSI/NFPA 58 and 59’’ and
adding in its place the term ‘‘NFPA 58
and 59 (incorporated by reference, see
§ 192.7)’’.
■ b. Amend paragraph (c) by removing
the term ‘‘ANSI/NFPA 58 and 59, ANSI/
NFPA 58 and 59’’ and adding in its
place the term ‘‘NFPA 58 and 59
(incorporated by reference, see § 192.7),
NFPA 58 and 59’’.
■
■
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[Amended]
5. In § 192.55, amend paragraph (e) by
removing the term ‘‘API Specification
5L’’ and adding in its place the term
‘‘API Spec 5L ‘‘(incorporated by
reference, see § 192.7)’’.
■ 6. 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 produced
after March 6, 2015 used under this
part.
■ 7. In § 192.63, paragraph (a)(1) is
revised to read as follows:
§ 192.63
Marking of materials.
(a) * * *
(1) As prescribed in the specification
or standard to which it was
manufactured, except that thermoplastic
pipe and fittings made of plastic
materials other than polyethylene must
be marked in accordance with ASTM
D2513–87 (incorporated by reference,
see § 192.7);
*
*
*
*
*
■ 8. Amend § 192.65 as follows:
■ 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]
9. Amend § 192.112:
a. In paragraphs (a)(4), (b)(1)(i),
(b)(1)(iii), (d)(1), and (e)(1) by removing
the term ‘‘API Specification 5L’’ and
adding in its place the term ‘‘API Spec
5L’’.
■ b. In paragraph (c)(2)(i) by removing
the term, ‘‘API 5L’’ and adding in its
place the term ‘‘API Spec 5L’’.
■
§ 192.113
[Amended]
10. In the Table of § 192.113, remove
the term ‘‘API 5 L’’ and add in its place
the term ‘‘API Spec 5L’’.
■
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§ 192.123
[Amended]
§ 192.163
15. Amend § 192.163 paragraph (e) by
removing the term ‘‘National Electrical
Code, ANSI/NFPA 70’’ and adding in its
place ‘‘NFPA–70’’.
■
11. In § 192.123, revise paragraph
(e)(2) to read as follows:
■
§ 192.123
pipe.
Design limitations for plastic
*
*
*
*
*
(e) * * *
(2) The material is a polyethylene (PE)
pipe with the designation code as
specified within ASTM D2513–09a
(incorporated by reference, see § 192.7);
*
*
*
*
*
§ 192.145
[Amended]
§ 192.165
[Amended]
16. 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)’’.
[Amended]
17. Amend § 192.177 paragraph (b)(1)
by removing the term ‘‘ASTM A 372/
372’’ and adding in its place the term
‘‘ASTM A372/372M (incorporated by
reference, see § 192.7)’’.
■
13. Amend § 192.147 as follows:
■ a. In paragraph (a), remove the phrase
‘‘ASME/ANSI B 16.5, MSS SP–44’’ and
add in its place the phrase ‘‘ASME/
ANSI B 16.5 and MSS SP–44
(incorporated by reference, see
§ 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)’’.
§ 192.189
14. In § 192.153, revise paragraphs (a),
(b), and (d) to read as follows:
*
■
■
§ 192.153
welding.
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[Amended]
■
§ 192.177
12. 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]
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 in (76 millimeters) nominal
diameter.
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[Amended]
18. Amend § 192.189 paragraph (c) by
removing the reference ‘‘ANSI/NFPA
70’’ and adding in its place the term
‘‘NFPA–70 (incorporated by reference,
see § 192.7)’’.
■
§ 192.191
[Amended]
19. In § 192.191, paragraph (b) is
revised to read as follows:
■
§ 192.191
fittings.
Design pressure of plastic
*
*
*
*
(b) Thermoplastic fittings for plastic
pipe must conform to ASTM D2513–99
for plastic materials other than
polyethylene or ASTM D2513–09a for
polyethylene plastic materials.
§ 192.225
[Amended]
20. Amend § 192.225, 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, ‘Welding and
Brazing Qualifications’’’ and add in its
place the term ‘‘ASME Boiler and
Pressure Vessel Code (BPVC)’’.
■
§ 192.227
[Amended]
[Amended]
22. Amend § 192.229 paragraph (c)(1)
by removing the term ‘‘API Standard
■
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1104’’ and adding in its place the term
‘‘API Std 1104’’.
§ 192.241
[Amended]
23. 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]
24. Amend § 192.281 paragraph (d)(1)
by removing the term ‘‘ASTM
Designation D 2517’’ and adding in its
place the term ‘‘ASTM D 2517
(incorporated by reference, see
§ 192.7)’’.
■ 25. Amend § 192.283 as follows:
■ a. Revise paragraph (a)(1)(i) to read as
set forth below.
■ b. Amend paragraph (a)(1)(iii) by
removing the term ‘‘ASTM Designation
F1055 (incorporated by reference, see
§ 192.7)’’ and adding in its place the
term ‘‘ASTM F1055 (incorporated by
reference, see § 192.7)’’.
■
§ 192.283 Plastic pipe: Qualifying joining
procedures.
(a) * * *
(1) * * *
(i) In the case of thermoplastic pipe,
paragraph 6.6 (Sustained Pressure Test)
or paragraph 6.7 (Minimum Hydrostatic
Burst Test) of ASTM D2513–99 for
plastic materials other than
polyethylene or ASTM D2513–09a
(incorporated by reference, see § 192.7)
for polyethylene plastic materials;
*
*
*
*
*
§ 192.485
[Amended]
26. Amend § 192.485 paragraph (c) as
follows:
■ a. Remove the term ‘‘ASME/ANSI
B31G’’ 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]
27. 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)’’.
■
21. 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)’’.
■
§ 192.229
181
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§ 192.903
[Amended]
28. Amend the Note to Potential
impact radius in § 192.903 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
■
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‘‘ASME/ANSI B31.8S (incorporated by
reference, see § 192.7)’’.
■ 29. 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
that complies with the requirements
in—
(1) Section 192.925 and ASME/ANSI
B31.8S (incorporated by reference, see
§ 192.7) section 6.4, and NACE SP0502
(incorporated by reference, see § 192.7),
if addressing external corrosion (EC).
(2) Section 192.927 and ASME/ANSI
B31.8S (incorporated by reference, see
§ 192.7), section 6.4, appendix B2, if
addressing internal corrosion (IC).
(3) Section 192.929 and ASME/ANSI
B31.8S (incorporated by reference, see
§ 192.7), appendix A3, if addressing
stress corrosion cracking (SCC).
*
*
*
*
*
■ 30. In § 192.933, revise paragraphs
(a)(1) and (d)(1)(i) to read as follows:
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§ 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);
Pipeline Research Council,
International, PR–3–805 (R–STRENG)
(incorporated by reference, see § 192.7);
or by reducing the operating pressure to
a level not exceeding 80 percent of the
level at the time the condition was
discovered. An operator must notify
PHMSA in accordance with § 192.949 if
it cannot meet the schedule for
evaluation and remediation required
under paragraph (c) of this section and
cannot provide safety through a
temporary reduction in operating
pressure or through another action. An
operator must also notify a State
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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.
*
*
*
*
*
§ 192.939
[Amended]
31. Amend § 192.939 paragraph
(a)(1)(ii) by removing the term ‘‘ASME/
ANSI B31.8S’’ and adding in its place
the term ‘‘ASME B31.8S (incorporated
by reference, see § 192.7)’’.
■ 32. Amend Appendix B to Part 192 as
follows:
■ a. Revise Part I to read as set forth
below.
■ b. Amend the second paragraph of
Part II.A, by removing the term ‘‘ASTM
A53’’ and adding in its place the term
‘‘ASTM A53/A53M’’.
■
APPENDIX B TO PART 192—
QUALIFICATION OF PIPE
I. Listed Pipe Specifications
ANSI/API Specification 5L—Steel pipe,
‘‘Specification for Line Pipe’’ (incorporated
by reference, see § 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 A672/672M—Steel pipe, ‘‘Standard
Specification for Electric-Fusion-Welded
Steel Pipe for High-Pressure Service at
Moderate Temperatures’’ (incorporated by
reference, see § 192.7).
PO 00000
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ASTM A691/A691M—Steel pipe,
‘‘Standard Specification for Carbon and Alloy
Steel Pipe, Electric-Fusion-Welded for High
Pressure Service at High Temperatures’’
(incorporated by reference, see § 192.7).
ASTM D2513–99, ‘‘Standard Specification
for Thermoplastic Gas Pressure Pipe, Tubing,
and Fittings,’’ (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’’,
(incorporated by reference, see § 192.7).
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
33. The authority citation for Part 193
continues to read as follows:
■
Authority: 49 U.S.C. 5103, 60102, 60103,
60104, 60108, 60109, 60110, 60113, 60118;
and 49 CFR 1.53.
§§ 193.2019, 193.2051, 193.2057, 193.2301,
193.2303, 193.2401, 193.2521, 193.2639,
193.2639, and 193.2801 [Amended]
34. In 49 CFR part 193, remove the
term ‘‘NFPA 59A’’ and add in its place
‘‘NFPA–59A–2001’’ everywhere it
appears in the following sections:
■ a. Section 193.2019(a);
■ b. Section 193.2051;
■ c. Section 193.2057, introductory text;
■ f. Section 193.2301;
■ g. Section 193.2303;
■ h. Section 193.2401;
■ i. Section 193.2521;
■ j. Section 193.2639(a); and
■ k. Section 193.2801.
■ 35. Section 193.2013 is revised to read
as follows:
■
§ 193.2013 What documents are
incorporated by reference partly or wholly
in this part?
(a) This part prescribes standards, or
portions thereof, incorporated by
reference into this part with the
approval of the Director of the Federal
Register in 5 U.S.C. 552(a) and 1 CFR
part 51. The materials listed in this
section have the full force of law. To
enforce any edition other than that
specified in this section, PHMSA must
publish a notice of change in the
Federal Register.
(1) Availability of standards
incorporated by reference. All of the
materials incorporated by reference are
available for inspection from several
sources, including the following:
(i) The Office of Pipeline Safety,
Pipeline and Hazardous Materials Safety
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Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590. For
more information contact 202–366–4046
or go to the PHMSA Web site at: https://
www.phmsa.dot.gov/pipeline/regs.
(ii) The National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030 or
go to the NARA Web site at: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
(iii) Copies of standards incorporated
by reference in this part can also be
purchased or are otherwise made
available from the respective standardsdeveloping organization at the addresses
provided in the centralized IBR section
below.
(b) American Gas Association (AGA),
400 North Capitol Street NW.,
Washington, DC 20001, and phone:
202–824–7000, Web site: https://
www.aga.org/.
(1) American Gas Association,
‘‘Purging Principles and Practices,’’ 3rd
edition, June 2001, (Purging Principles
and Practices), IBR approved for
§§ 193.2513(b) and (c), 193.2517, and
193.2615(a).
(2) [Reserved]
(c) American Petroleum Institute
(API), 1220 L Street NW., Washington,
DC 20005, and phone: 202–682–8000,
Web site: https://api.org/.
(1) API Standard 620, ‘‘Design and
Construction of Large, Welded, Lowpressure Storage Tanks,’’ 11th edition,
February 2008 (including addendum 1
(March 2009), addendum 2 (August
2010), and addendum 3 (March 2012)),
(API Std 620), IBR approved for
§§ 193.2101(b); 193.2321(b).
(2) [Reserved]
(d) American Society of Civil
Engineers (ASCE), 1801 Alexander Bell
Drive, Reston, VA 20191, (800) 548–
2723, 703 295–6300 (international), Web
site: https://www.asce.org.
(1) ASCE/SEI 7–05, ‘‘Minimum
Design Loads for Buildings and Other
Structures’’ 2005 edition (including
supplement No. 1 and Errata), (ASCE/
SEI 7–05), IBR approved for
§ 193.2067(b).
(2) [Reserved]
(e) ASME International (ASME),
Three Park Avenue, New York, NY
10016. 800–843–2763 (U.S/Canada),
Web site: 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]
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(f) Gas Technology Institute (GTI),
formerly the Gas Research Institute
(GRI), 1700 S. Mount Prospect Road,
Des Plaines, IL 60018, phone: 847–768–
0500, Web site: www.gastechnology.org.
(1) GRI–96/0396.5, ‘‘Evaluation of
Mitigation Methods for Accidental LNG
Releases, Volume 5: Using FEM3A for
LNG Accident Consequence Analyses,’’
April 1997, (GRI–96/0396.5), IBR
approved for § 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 ‘‘LNG Vapor
Dispersion Prediction with the
DEGADIS 2.1: Dense Gas Dispersion
Model for LNG Vapor Dispersion,’’
April 2004, (GTI–04/0049), IBR
approved for § 193.2059(a).
(g) National Fire Protection
Association (NFPA), 1 Batterymarch
Park, Quincy, MA, 02169 phone: 617–
984–7275, Web site: 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(a), 193.2051, 193.2057,
193.2059 introductory text and (c),
193.2101(a), 193.2301, 193.2303,
193.2401, 193.2521, 193.2639(a), and
193.2801.
(2) NFPA 59A (2006), ‘‘Standard for
the Production, Storage, and Handling
of Liquefied Natural Gas (LNG),’’ 2006
edition, approved August 18, 2005,
(NFPA–59A–2006), IBR approved for
§§ 193.2101(b) and 193.2321(b).
§ 193.2059
[Amended]
36. 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’’.
■
■
§ 193.2067
37. Amend § 193.2067 paragraph
(b)(1) by removing the term ‘‘ASCE/SEI
7–05’’ and adding in its place the term
‘‘ASCE/SEI 7’’.
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[Amended]
38. Revise § 193.2101 to read as
follows:
■
§ 193.2101
Scope.
(a) Each LNG facility designed after
March 31, 2000 must comply with the
requirements of this part and of NFPA–
59A–2001 (incorporated by reference,
see § 193.2013). If there is a conflict
between this Part and NFPA–59A–2001,
the requirements in this part prevail.
(b) Each stationary LNG storage tank
must comply with Section 7.2.2 of
NFPA–59A–2006 (incorporated by
reference, see § 193.2013) for seismic
design of field fabricated tanks. All
other LNG storage tanks must comply
with API Std–620 (incorporated by
reference, see § 193.2013) for seismic
design.
■ 39. In § 193.2321, revise paragraphs
(a), (b)(1), and (b)(2) to read as follows:
§ 193.2321
Nondestructive tests.
(a) The butt welds in metal shells of
storage tanks with internal design
pressure above 15 psig must be
nondestructively examined in
accordance with the ASME Boiler and
Pressure Vessel Code (BPVC) (Section
VIII, Division 1)(incorporated by
reference, see § 193.2013), except that
100 percent of welds that are both
longitudinal (or meridional) and
circumferential (or latitudinal) of
hydraulic load bearing shells with
curved surfaces that are subject to
cryogenic temperatures must be
nondestructively examined in
accordance with the ASME BPVC
(Section VIII, Division 1).
(b) * * *
(1) Section 7.3.1.2 of NFPA Std–59A–
2006, (incorporated by reference, see
§ 193. 2012);
(2) Appendices C and Q of API Std
620, (incorporated by reference, see
§ 193.2013);
*
*
*
*
*
§ 193.2513
[Amended]
40. Amend § 193.2513, paragraphs
(b)(1) and (c)(5), by removing the words
‘‘AGA ‘‘Purging Principles and
Practice’’’’ and adding, in its place,
‘‘Purging Principles and Practices
(incorporated by reference, see
§ 193.2013)’’.
■
§ 193.2517
[Amended]
41. Amend § 193.2517 by removing
the words ‘‘AGA ‘‘Purging Principles
and Practice’’’’ and adding, in its place,
‘‘Purging Principles and Practices
(incorporated by reference, see
§ 193.2013)’’.
■
[Amended]
■
§ 193.2101
183
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§ 193.2615
Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Rules and Regulations
[Amended]
42. Amend § 193.2615(a) by removing
the words ‘‘AGA ‘‘Purging Principles
and Practice’’’’ and adding, in its place,
‘‘Purging Principles and Practices
(incorporated by reference, see
§ 193.2013)’’.
■
PART 195—TRANSPORTATION OF
HAZARDOUS LIQUIDS BY PIPELINE
43. The authority citation for Part 195
continues to read as follows:
■
Authority: 49 U.S.C. 5103, 60102, 60104,
60108, 60109, 60116, 60118 and 60137; and
49 CFR 1.53.
§§ 195.5, 195.406
[Amended]
44. Amend 49 CFR part 195 by
removing the term ‘‘ASME B31.8’’ and
adding in its place the term ‘‘ASME/
ANSI B31.8 (incorporated by reference,
see § 195.3)’’ in the following sections.
■ a. Section 195.5 paragraph (a)(1)(i);
■ b. Section 195.406 paragraph (a)(1)(i).
■ 45. Section 195.3 is revised to read as
follows:
■
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§ 195.3 What documents are incorporated
by reference partly or wholly in this part?
(a) This part prescribes standards, or
portions thereof, incorporated by
reference into this part with the
approval of the Director of the Federal
Register in 5 U.S.C. 552(a) and 1 CFR
part 51. The materials listed in this
section have the full force of law. To
enforce any edition other than that
specified in this section, PHMSA must
publish a notice of change in the
Federal Register.
(1) Availability of standards
incorporated by reference. All of the
materials incorporated by reference are
available for inspection from several
sources, including the following:
(i) The Office of Pipeline Safety,
Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590. For
more information contact 202–366–4046
or go to the PHMSA Web site at: https://
www.phmsa.dot.gov/pipeline/regs.
(ii) The National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030 or
go to the NARA Web site at: https://
www.archives.gov/federal_register/
code_of_federal_regulations/ibr_
locations.html.
(iii) Copies of standards incorporated
by reference in this part can also be
purchased from the respective
standards-developing organization at
the addresses provided in the
centralized IBR section below.
(b) American Petroleum Institute
(API), 1220 L Street NW., Washington,
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DC 20005, and phone: 202–682–8000,
Web site: 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,’’ First
edition, March 12, 2012, (API RP 5LT),
IBR approved for § 195.207(c).
(4) API Recommended Practice 5LW,
‘‘Recommended Practice Transportation
of Line Pipe on Barges and Marine
Vessels,’’ 3rd edition, September 2009,
(API RP 5LW), IBR approved for
§ 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,’’ 3rd 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(a).
(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).
(13) API Specification 5L,
‘‘Specification for Line Pipe,’’ 45th
edition, effective July 1, 2013, (ANSI/
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API Spec 5L), IBR approved for
§ 195.106(b) and (e).
(14) ANSI/API Specification 6D,
‘‘Specification for Pipeline Valves,’’
23rd edition, effective October 1, 2008,
(including Errata 1 (June 2008), Errata 2
(November 2008), Errata 3 (February
2009), Errata 4 (April 2010), Errata 5
(November 2010), and Errata 6 (August
2011); Addendum 1 (October 2009),
Addendum 2 (August 2011), and
Addendum 3 (October 2012)); (ANSI/
API Spec 6D), IBR approved for
§ 195.116(d).
(15) API Specification 12F,
‘‘Specification for Shop Welded Tanks
for Storage of Production Liquids,’’ 12th
edition, October 2008, effective April 1,
2009, (API Spec 12F), IBR approved for
§§ 195.132(b); 195.205(b); 195.264(b)
and (e); 195.307(a); 195.565; 195.579(d).
(16) API Standard 510, ‘‘Pressure
Vessel Inspection Code: In-Service
Inspection, Rating, Repair, and
Alteration,’’ 9th edition, June 2006, (API
Std 510), IBR approved for
§§ 195.205(b); 195.432(c).
(17) API Standard 620, ‘‘Design and
Construction of Large, Welded, LowPressure Storage Tanks,’’ 11th edition
February 2008 (including addendum 1
(March 2009), addendum 2 (August
2010), and addendum 3 (March 2012)),
(API Std 620), IBR approved for
§§ 195.132(b); 195.205(b); 195.264(b)
and (e); 195.307(b); 195.565, 195.579(d).
(18) API Standard 650, ‘‘Welded Steel
Tanks for Oil Storage,’’ 11th edition,
June 2007, effective February 1, 2012,
(including addendum 1 (November
2008), addendum 2 (November 2009),
addendum 3 (August 2011), and errata
(October 2011)), (API Std 650), IBR
approved for §§ 195.132(b); 195.205(b);
195.264(b), (e); 195.307(c) and (d);
195.565; 195.579(d).
(19) API Standard 653, ‘‘Tank
Inspection, Repair, Alteration, and
Reconstruction,’’ 3rd edition, December
2001, (including addendum 1
(September 2003), addendum 2
(November 2005), addendum 3
(February 2008), and errata (April
2008)), (API Std 653), IBR approved for
§§ 195.205(b), 195.307(d), and
195.432(b).
(20) API Standard 1104, ‘‘Welding of
Pipelines and Related Facilities,’’ 20th
edition, October 2005, (including errata/
addendum (July 2007) and errata 2
(2008), (API Std 1104)), IBR approved
for §§ 195.214(a), 195.222(a) and (b),
195.228(b).
(21) ANSI/API Standard 2000,
‘‘Venting Atmospheric and Lowpressure Storage Tanks,’’ 6th edition,
November 2009, (ANSI/API Std 2000),
IBR approved for § 195.264(e).
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(1) ASTM A53/A53M–10, ‘‘Standard
Specification for Pipe, Steel, Black and
Hot-Dipped, Zinc-Coated, Welded and
Seamless,’’ approved October 1, 2010,
(ASTM A53/A53M), IBR approved for
§ 195.106(e).
(2) ASTM A106/A106M–10,
‘‘Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature
Service,’’ approved April 1, 2010,
(ASTM A106/A106M), IBR approved for
§ 195.106(e).
(3) ASTM A333/A333M–11,
‘‘Standard Specification for Seamless
and Welded Steel Pipe for LowTemperature Service,’’ approved April
1, 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,’’ approved 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,’’
approved April 1, 2010, (ASTM A671/
A671M), IBR approved for § 195.106(e).
(6) ASTM A672/A672M–09,
‘‘Standard Specification for ElectricFusion-Welded Steel Pipe for HighPressure Service at Moderate
Temperatures,’’ approved October 1,
2009, (ASTM A672/A672M), IBR
approved for § 195.106(e).
(7) ASTM A691/A691M–09,
‘‘Standard Specification for Carbon and
Alloy Steel Pipe, Electric-FusionWelded for High-Pressure Service at
High Temperatures,’’ approved 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, phone: 703–281–
6613, Web site: https://www.mss-hq
.org/.
(1) MSS SP–75–2008 Standard
Practice, ‘‘Specification for High-Test,
Wrought, Butt-Welding Fittings,’’ 2008
edition, (MSS SP 75), IBR approved for
§ 195.118(a).
(2) [Reserved]
(f) NACE International (NACE), 1440
South Creek Drive, Houston, TX 77084,
phone: 281–228–6223 or 800–797–6223,
Web site: 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) ANSI/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, MA 02169, phone: 617–
984–7275, Web site: https://
www.nfpa.org/.
(1) NFPA–30 (2012), ‘‘Flammable and
Combustible Liquids Code,’’ including
Errata 30–12–1 (9/27/11), and Errata 30–
12–2 (11/14/11), 2012 edition, copyright
2011, (NFPA–30), IBR approved for
§ 195.264(b).
(2) [Reserved]
(h) Pipeline Research Council
International, Inc. (PRCI), c/o Technical
Toolboxes, 3801 Kirby Drive, Suite 520,
P.O. Box 980550, Houston, TX 77098,
phone: 713–630–0505, toll free: 866–
866–6766, Web site: https://
www.ttoolboxes.com/.
(1) AGA Pipeline Research
Committee, Project PR–3–805 ‘‘A
Modified Criterion for Evaluating the
Remaining Strength of Corroded Pipe,’’
December 22, 1989, (PR–3–805
(RSTRING)). IBR approved for
§§ 195.452(h); 195.587.
(2) [Reserved]
■ 46. 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:
Specification
Pipe class
Seam joint
factor
ASTM A53/A53M ................................................
Seamless ...............................................................................................................
Electric resistance welded .....................................................................................
Furnace lap welded ...............................................................................................
Furnace butt welded ..............................................................................................
Seamless ...............................................................................................................
Seamless ...............................................................................................................
Welded ...................................................................................................................
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(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),
195.264 (b), (e); 195.307 (e), 195.428 (c);
and 195.432 (c).
(c) ASME International (ASME), Two
Park Avenue, New York, NY 10016,
800–843–2763 (U.S/Canada), Web site:
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,’’ 2004, (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(a); 195.452(h).
(4) ASME/ANSI B31.8–2007, ‘‘Gas
Transmission and Distribution Piping
Systems,’’ November 30, 2007, (ASME/
ANSI B31.8), IBR approved for
§§ 195.5(a) and 195.406(a).
(5) ASME Boiler & Pressure Vessel
Code, Section VIII, Division 1, ‘‘Rules
for Construction of Pressure Vessels,’’
2007 edition, July 1, 2007, (ASME
BPVC, Section VIII, Division 1), IBR
approved for §§ 195.124 and 195.307(e).
(6) ASME Boiler & Pressure Vessel
Code, Section VIII, Division 2,
‘‘Alternate Rules, Rules for Construction
of Pressure Vessels,’’ 2007 edition, July
1, 2007, (ASME BPVC, Section VIII,
Division 2), IBR approved for
§ 195.307(e).
(7) ASME Boiler & Pressure Vessel
Code, Section IX: ‘‘Qualification
Standard for Welding and Brazing
Procedures, Welders, Brazers, and
Welding and Brazing Operators,’’ 2007
edition, July 1, 2007, (ASME BPVC,
Section IX), IBR approved for
§ 195.222(a).
(d) American Society for Testing and
Materials (ASTM), 100 Barr Harbor
Drive, P.O. Box C700, West
Conshohocken, PA 119428, phone: 610–
832–9585, Web site: https://
www.astm.org/.
ASTM A106/A106M ............................................
ASTM A333/A333M ............................................
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§ 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):
E:\FR\FM\05JAR1.SGM
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1.00
1.00
0.80
0.60
1.00
1.00
1.00
186
Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Rules and Regulations
Seam joint
factor
Specification
Pipe class
ASTM A381 .........................................................
ASTM A671/A671M ............................................
ASTM A672/A672M ............................................
ASTM A691/A691M ............................................
ANSI/API Spec 5L ...............................................
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 ..............................................................................................
(2) The seam joint factor for pipe that
is not covered by this paragraph must be
approved by the Administrator.
§ 195.116
[Amended]
47. Amend § 195.116 (d) by removing
the term ‘‘API Standard 6D’’ and adding
in its place the term ‘‘ANSI/API Spec
6D’’.
■
§ 195.118
[Amended]
48. Amend § 195.118 paragraph (a) by
removing the term ‘‘ASME/ANSI B16.9
or MSS Standard Practice SP–75’’ and
adding in its place the term ‘‘ASME/
ANSI B16.9 or MSS SP–75
(incorporated by reference, see
§ 195.3)’’.
■ 49. 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
those of the pipe to which the closure
is attached.
§ 195.132
[Amended]
50. Amend § 195.132 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
(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)’’.
mstockstill on DSK4VPTVN1PROD with RULES
■
■
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§ 195.134
[Amended]
1.00
1.00
1.00
1.00
1.00
1.00
1.00
1.00
0.80
0.60
51. 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 ‘‘API RP 1130’’ the second instance.
■ 52. 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.
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).
■ 54. In § 195.214, revise paragraph (a)
to read as follows:
§ 195.214
■
*
*
*
*
*
(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
(except section 6.4.3) (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).
■ 53. 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
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Welding procedures.
(a) Welding must be performed by a
qualified welder in accordance with
welding procedures qualified under
Section 5 of API Std 1104 or Section IX
of the ASME Boiler and Pressure Vessel
Code (ASME BPVC) (incorporated by
reference, see § 195.3). The quality of
the test welds used to qualify the
welding procedure shall be determined
by destructive testing.
*
*
*
*
*
■ 55. In § 195.222, revise the section
heading and paragraphs (a) and (b)(2) to
read as follows:
§ 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 § 195.3)
or with Section IX of 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).
§ 195.228
[Amended]
56. Amend § 195.228(b) by removing
the term ‘‘API 1104’’ and adding in its
place the term ‘‘API Std 1104’’ in two
locations.
■ 57. In § 195.264, paragraphs (b)(1) and
(2) and (e)(1) through (4) are revised to
read as follows:
■
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§ 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);
(i) Impoundment around a breakout
tank must be installed in accordance
with section 22.11.2; and
(ii) Impoundment by drainage to a
remote impounding area must be
installed in accordance with section
22.11.1.
(2) For tanks built to API Std 2510
(incorporated by reference, see § 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
(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).
■ 58. Section 195.307 is revised to read
as follows:
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§ 195.307 Pressure testing aboveground
breakout tanks.
(a) For aboveground breakout tanks
built to API Spec 12F (incorporated by
reference, see § 195.3) and first placed
in service after October 2, 2000,
pneumatic testing must be performed in
accordance with section 5.3 of API Spec
12 F.
(b) For aboveground breakout tanks
built to API Std 620 (incorporated by
reference, see § 195.3) and first placed
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in service after October 2, 2000,
hydrostatic and pneumatic testing must
be performed in accordance with
section 7.18 of API Std 620.
(c) For aboveground breakout tanks
built to API Std 650 (incorporated by
reference, see § 195.3) and first placed
in service after October 2, 2000, testing
must be performed in accordance with
Sections 7.3.5 and 7.3.6 of API Standard
650.
(d) For aboveground atmospheric
pressure breakout tanks constructed of
carbon and low alloy steel, welded or
riveted, and non-refrigerated; and tanks
that are returned to service after October
2, 2000, and are built to API Std 650
(incorporated by reference, see § 195.3)
or its predecessor Standard 12C; the
necessity for the hydrostatic testing of
repair, alteration, and reconstruction is
covered in Section 12.3 of API Std 653.
(e) For aboveground breakout tanks
built to API Std 2510 (incorporated by
reference, see § 195.3) and first placed
in service after October 2, 2000,
pressure testing must be performed in
accordance with 2007 ASME Boiler and
Pressure Vessel Code (BPVC) (Section
VIII, Division 1 or 2).
59. 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
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)).
60. In § 195.432, revise paragraphs (b)
and (c) to read as follows:
■
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§ 195.432
tanks.
187
Inspection of in-service breakout
*
*
*
*
*
(b) Each operator must inspect the
physical integrity of in-service
atmospheric and low-pressure steel
above-ground breakout tanks according
to API Std 653 (except section 6.4.3,
Alternative Internal Inspection Interval)
(incorporated by reference, see § 195.3).
However, if structural conditions
prevent access to the tank bottom, its
integrity may be assessed according to a
plan included in the operations and
maintenance manual under
§ 195.402(c)(3). The risk-based internal
inspection procedures in API Std 653,
section 6.4.3 cannot be used to
determine the internal inspection
interval.
(1) Operators who established internal
inspection intervals based on risk-based
inspection procedures prior to March 6,
2015 must re-establish internal
inspection intervals based on API Std
653, section 6.4.2 (incorporated by
reference, see § 195.3).
(i) If the internal inspection interval
was determined by the prior risk-based
inspection procedure using API Std 653,
section 6.4.3 and the resulting
calculation exceeded 20 years, and it
has been more than 20 years since an
internal inspection was performed, the
operator must complete a new internal
inspection in accordance with
§ 195.432(b)(1) by January 5, 2017.
(ii) If the internal inspection interval
was determined by the prior risk-based
inspection procedure using API Std 653,
section 6.4.3 and the resulting
calculation was less than or equal to 20
years, and the time since the most
recent internal inspection exceeds the
re-established inspection interval in
accordance with § 195.432(b)(1), the
operator must complete a new internal
inspection by January 5, 2017.
(iii) If the internal inspection interval
was not based upon current engineering
and operational information (i.e., actual
corrosion rate of floor plates, actual
remaining thickness of the floor plates,
etc.), the operator must complete a new
internal inspection by January 5, 2017
and re-establish a new internal
inspection interval in accordance with
§ 195.432(b)(1).
(2) [Reserved]
(c) Each operator must inspect the
physical integrity of in-service steel
aboveground breakout tanks built to API
Std 2510 (incorporated by reference, see
§ 195.3) according to section 6 of API
Std 510 (incorporated by reference, see
§ 195.3).
*
*
*
*
*
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§ 195.444
Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Rules and Regulations
[Amended]
61. Amend § 195.444 by removing the
term ‘‘API 1130’’ and adding in its place
‘‘API RP 1130 (incorporated by
reference, see § 195.3).’’
■ 62. In § 195.452, revise paragraphs
(h)(4)(i)(B), (h)(4)(iii)(D), and paragraph
(l)(1) to read as follows:
■
§ 195.452 Pipeline integrity management in
high consequence areas.
mstockstill on DSK4VPTVN1PROD with RULES
*
*
*
*
*
(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 § 195.3) and PRCI PR–3–805 (R–
STRENG) (incorporated by reference,
see § 195.3).
*
*
*
*
*
(iii) * * *
(D) A calculation of the remaining
strength of the pipe shows an operating
pressure that is less than the current
established maximum operating
pressure at the location of the anomaly.
Suitable remaining strength calculation
methods include, but are not limited to,
ASME/ANSI B31G and PRCI PR–3–805
(R–STRENG).
*
*
*
*
*
(l) What records must an operator
keep to demonstrate compliance?—(1)
An operator must maintain, for the
useful life of the pipeline, records that
demonstrate compliance with the
requirements of this subpart. At a
minimum, an operator must maintain
the following records for review during
an inspection:
(i) A written integrity management
program in accordance with paragraph
(b) of this section.
(ii) Documents to support the
decisions and analyses, including any
modifications, justifications, deviations
and determinations made, variances,
and actions taken, to implement and
evaluate each element of the integrity
management program listed in
paragraph (f) of this section.
*
*
*
*
*
■ 63. Section 195.565 is revised to read
as follows:
§ 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
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500 barrels 79.49m3 capacity built to
API Spec 12F (incorporated by
reference, see § 195.3), API Std 620
(incorporated by reference, see § 195.3),
API Std 650 (incorporated by reference,
see § 195.3), or API Std 650’s
predecessor, Standard 12C, you must
install the system in accordance with
ANSI/API RP 651 (incorporated by
reference, see § 195.3). However, you
don’t need to comply with ANSI/API RP
651 when installing any tank for which
you note in the corrosion control
procedures established under
§ 195.402(c)(3) why complying with all
or certain provisions of ANSI/API RP
651 is not necessary for the safety of the
tank.
64. 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 complying with all
or certain operation and maintenance
provisions of API RP 651 is not
necessary for the safety of the tank.
*
*
*
*
*
§ 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 in 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 198—REGULATIONS FOR
GRANTS TO AID STATE PIPELINE
SAFETY PROGRAMS
67. The authority citation for Part 198
continues to read as follows:
■
Authority: 49 U.S.C. 60105, 60106, 60114,
and 49 CFR 1.53.
§ 198.37
[Amended]
68. Amend paragraph (f) by removing
the phrase ‘‘§ 192.614 (b)(4) through
(b)(6)’’ and adding in its place
‘‘§ 192.614 (c)(4) through (c)(6).’’
■
PART 199—DRUG AND ALCOHOL
TESTING
69. The authority citation for Part 199
continues to read as follows:
■
Authority: 49 U.S.C. 5103, 60102, 60104,
60108, 60117, and 60118; and 49 CFR 1.53.
§ 199.111
■
[Removed and Reserved]
70. Remove and reserve § 199.111.
■
65. In § 195.579, revise paragraph (d)
to read as follows:
§ 195.579 What must I do to mitigate
internal corrosion?
Issued in Washington, DC, on December
18, 2014, under authority delegated in 49
CFR 1.97(a).
Timothy P. Butters,
Acting Administrator.
[FR Doc. 2014–30336 Filed 1–2–15; 8:45 am]
*
*
*
*
*
(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),
API Std 650 (incorporated by reference,
see § 195.3), or API Std 650’s
predecessor, Standard 12C, you must
install the lining in accordance with API
RP 652 (incorporated by reference, see
§ 195.3). However, you don’t need to
comply with API RP 652 when
installing any tank for which you note
in the corrosion control procedures
established under § 195.402(c)(3) why
compliance with all or certain
provisions of API RP 652 is not
necessary for the safety of the tank.
66. Section 195.587 is revised to read
as follows:
■
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BILLING CODE 4910–60–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 131021878–4158–02]
RIN 0648–XD693
Fisheries of the Exclusive Economic
Zone Off Alaska; Inseason Adjustment
to the 2015 Bering Sea and Aleutian
Islands Pollock, Atka Mackerel, and
Pacific Cod Total Allowable Catch
Amounts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
E:\FR\FM\05JAR1.SGM
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Agencies
[Federal Register Volume 80, Number 2 (Monday, January 5, 2015)]
[Rules and Regulations]
[Pages 168-188]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30336]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 192, 193, 195, 198, and 199
[Docket No. PHMSA-2011-0337; Amdt. Nos. 192-119; 193-25; 195-99; 198-6;
199-26]
RIN 2137-AE85
Pipeline Safety: Periodic Updates of Regulatory References to
Technical Standards and Miscellaneous Amendments
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: PHMSA is amending the Federal pipeline safety regulations to
incorporate by reference new, updated or reaffirmed editions of the
voluntary consensus standards that are applicable to pipelines subject
to the requirements of the Federal pipeline safety regulations. This
final rule also makes non-substantive editorial corrections clarifying
regulatory language in certain provisions. These changes are minor and
do not require pipeline operators to undertake any significant new
pipeline safety initiatives.
DATES: This final rule is effective March 6, 2015. The incorporation by
reference of certain publications listed in this final rule is approved
by the Director of the Federal Register as of March 6, 2015.
FOR FURTHER INFORMATION CONTACT:
Technical Information: Mike Israni by phone at 202-366-4571 or by
email at 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
(NTTAA) (Pub. L. 104-113; March 7, 1996) directs Federal agencies to
use voluntary consensus standards and design specifications developed
by voluntary consensus standard bodies instead of government-developed
voluntary technical standards when appropriate. The Office of
Management and Budget (OMB) Circular A-119, ``Federal Participation in
the Development and Use of Voluntary Consensus Standards and in
Conformity Assessment Activities,'' sets the policy for Federal use and
development of voluntary consensus standards. As defined in OMB
Circular A-119, voluntary consensus standards are technical standards
developed or adopted by domestic and international organizations. These
organizations use agreed-upon procedures to update and revise their
published standards every three to five years to reflect modern
technology and best technical practices.
The legal effect of incorporation by reference (IBR) is that the
incorporated material is treated as if it were published in full in the
Federal Register and the Code of Federal Regulations (CFR). This
material, like any other properly issued rule, has the force and effect
of law. Congress authorized incorporation by reference to reduce the
volume of material published in the Federal Register and the CFR (see 5
U.S.C. 552(a) and 1 CFR part 51). Congress granted authority to the
Director of the Federal Register to determine whether a proposed IBR
serves the public interest. Unless
[[Page 169]]
expressly provided otherwise in a regulation, if a provision of a
standard incorporated by reference conflicts with a regulation, the
regulation takes precedence.
New or updated standards often further innovation and increase the
use of new technologies, materials and management practices that
improve the safety and operations of pipelines and pipeline facilities.
Because pipeline safety regulation involves a great deal of technical
subject matter, there are 64 standards and specifications that have
long been incorporated by reference in 49 CFR part 192, Transportation
of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards;
49 CFR part 193, Liquefied Natural Gas Facilities: Federal Safety
Standards; and 49 CFR part 195, Transportation of Hazardous Liquids by
Pipeline. PHMSA regularly reviews updates to currently referenced
consensus standards as well as new editions of standards to ensure that
their content remains consistent with the intent of the pipeline safety
regulations. Previous updates to incorporate industry standards by
reference were published on August 11, 2010 (75 FR 48593), February 1,
2007 (72 FR 4657), June 9, 2006 (71 FR 33402), June 14, 2004 (69 FR
32886), February 17, 1998 (63 FR 7721), June 6, 1996 (61 FR 2877), and
May 24, 1996 (61 FR 26121). The list of publications that PHMSA has
incorporated by reference is found in 49 CFR 192.7, 193.2013, and
195.3.
PHMSA employees participate in more than 25 national voluntary
consensus standards-setting organizations that address pipeline design,
construction, maintenance, inspection and repair. Agency participation
in the development of voluntary consensus standards is important to
eliminate the necessity for development or maintenance of separate,
government-unique standards, to further national goals and objectives
such as increased use of environmentally sound and energy-efficient
materials, products, systems, services or practices and to improve
public safety. As representatives of the agency, these subject matter
experts actively participate in discussions and technical debates,
register opinions and vote in accordance with the procedures of the
standards body at each stage of the standards development process
(unless prohibited from doing so by law). However, it is important to
note that agency participation does not necessarily constitute agency
agreement with, or endorsement of, all decisions reached by such
organizations. PHMSA has the responsibility to establish regulations
and standards that ensure pipelines are operated safely and will only
adopt those portions of industry standards into the Federal regulations
that meet the agency's goals and best promote public safety.
Availability of Materials to Interested Parties
PHMSA has worked to make the materials to be incorporated by
reference reasonably available to interested parties. Section 24 of the
``Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011''
(Pub. L.112-90, January 3, 2012), amended 49 U.S.C. 60102 by adding a
new public availability requirement for documents incorporated by
reference after January 3, 2013. The law states: ``Beginning 1 year
after the date of enactment of this subsection, the Secretary may not
issue guidance or a regulation pursuant to this chapter that
incorporates by reference any documents or portions thereof unless the
documents or portions thereof are made available to the public, free of
charge, on an Internet Web site.'' This section was further amended on
August 9, 2013. The current law continues to prohibit the Secretary
from issuing a regulation that incorporates by reference any document
unless that document is available to the public, free of charge, but
removes the Internet Web site requirements (Pub. L. 113-30, August 9,
2013). The Department of Transportation has until August 9, 2015, to
comply with this provision.
Pursuant to this mandate, PHMSA has negotiated agreements with all
but two of the standards-setting organizations with standards already
incorporated by reference in the pipeline safety regulations to make
viewable copies of those standards available to the public at no cost.
The organizations having agreements are: American Petroleum Institute
(API), American Gas Association (AGA), American Society for Testing and
Materials (ASTM), Gas Technology Institute (GTI), Manufacturers
Standardization Society of the Valve and Fittings Industry, Inc. (MSS),
NACE International (NACE), and National Fire Protection Association
(NFPA). Each organization's mailing address and Web site is listed in
Parts 192, 193, and 195. PHMSA understands that the two standards
organizations that we do not have agreements with are considering
taking steps in addition to sales of the standards to achieve greater
availability.
II. Summary Review of Standards and Amendments
On August 16, 2013, PHMSA published a notice of proposed rulemaking
(NPRM) to incorporate into the pipeline safety regulations two new
standards: API RP 5LT ``Recommended Practice for Truck Transportation
of Line Pipe'' (First edition March 1, 2012); and ASTM D2513-
09a,``Standard Specification for Polyethylene (PE) Gas Pressure Pipe,
Tubing, and Fittings'' (December 1, 2009 (except section 4.2 pertaining
to rework materials) and 21 updated editions of standards currently
incorporated by reference. These standards affect gas pipelines,
liquefied natural gas facilities and hazardous liquid pipelines (Parts
192, 193, and 195, respectively). The vast majority of the updated
standard editions involve incremental changes in design, maintenance
and operation provisions as additional knowledge is gained by
stakeholders. With certain exceptions (API RP 1162, ``Public Awareness
Programs for Pipeline Operators'' (1st edition, December 2003)
discussed below, PHMSA believes that these updates are consistent with
the Federal pipeline safety mission. In addition, the adoption of API
RP 5LT addresses National Transportation Safety Board's (NTSB)
Recommendation P-04-03.
A. Standards Incorporated
This final rule accepts the following updated editions of technical
standards currently incorporated by reference in Parts 192, 193, and
195:
American Petroleum Institute
(1) API Recommended Practice 5L1, ``Recommended Practice for
Railroad Transportation of Line Pipe'' (7th edition, September 2009),
into 49 CFR 192.7, 192.65(a)(1), 195.3, 195.207(a).
[Replaces IBR: API Recommended Practice 5L1, ``Recommended Practice
for Railroad Transportation of Line Pipe'' (6th edition, 2002).]
(2) API Recommended Practice 5LT, ``Recommended Practice for Truck
Transportation of Line Pipe'' (First edition March 1, 2012), into 49
CFR 192.7, 192.65(c), 195.3, 195.207(c).
(3) API Recommended Practice 5LW, ``Transportation of Line Pipe on
Barges and Marine Vessels'' (3rd edition, September 2009), into 49 CFR
192.7, 192.65(b), 195.3, 195.207(b).
[Replaces IBR: API Recommended Practice 5LW, ``Transportation of
Line Pipe on Barges and Marine Vessels'' (2nd edition, December 1996,
effective March 1, 1997).]
(4) ANSI/API Specification 5L, ``Specification for Line Pipe''
(45th edition, December 1, 2012, effective July 1, 2013), into 49 CFR
192.7; 192.55(e); 192.112(a)(4); 192.112(b)(1)(i); 192.112(b)(1)(iii);
192.112(b)(2)(iv); 192.112(d)(1); 192.112(e)(1); 192.113;
[[Page 170]]
Item I, Appendix B to Part 192; 195.3; 195.106(b)(1)(i); 195.106(e).
[Replaces IBR: ANSI/API Specification 5L/ISO 3183, ``Specification
for Line Pipe'' (44th edition, 2007), includes errata (January 2009)
and addendum (February 2009).] (5) ANSI/API Specification 6D,
``Specification for Pipeline Valves'' (23rd edition, April 1, 2008,
effective October 1, 2008), includes Errata 1 (June 2008), Errata 2
(November 2008), Errata 3 (February 2009), Errata 4 (April 2010),
Errata 5 (November 2010), Errata 6 (August 2011), Addendum 1 (October
2009), Addendum 2 (August 2011), and Addendum 3 (October 2012) into 49
CFR 192.7; 192.145(a); 195.3, 195.116(d).
[Replaces IBR: ANSI/API Specification 6D, ``Specification for
Pipeline Valves'' (23rd edition (April 2008, effective October 1,
2008)) and Errata 3 (includes 1 and 2, February 2009).]
(6) API Specification 12F, ``Specification for Shop Welded Tanks
for Storage of Production Liquids'' (12th edition, October 2008,
effective April 1, 2009) into 49 CFR 195.3, 195.132(b)(1),
195.205(b)(2), 195.264(b)(1), 195.264(e)(1), 195.307(a), 195.565,
195.579(d).
[Replaces IBR: API Specification 12F, ``Specification for Shop
Welded Tanks for Storage of Production Liquids,'' (11th edition,
November 1, 1994, reaffirmed 2000, errata, February 2007);]
(7) API Standard 620, ``Design and Construction of Large, Welded,
Low-pressure Storage Tanks'' (11th edition, February 2008), addendum 1,
(March 2009), addendum 2 (August 2010), and addendum 3 (March 2012)
into 49 CFR 193.2013; 193.2101(b); 193.2321(b)(2); 195.3;
195.132(b)(2); 195.205(b)(2); 195.264(b)(1); 195.264(e)(3); 195.307(b);
195.565; 195.579(d).
[Replaces IBR: API Standard 620, ``Design and Construction of
Large, Welded, Low-Pressure Storage Tanks'' (11th edition, February
2008, addendum 1 March 2009).]
(8) API Standard 650, ``Welded Tanks for Oil Storage'' (11th
edition, June 2007, effective February 1, 2012), includes addendum 1
(November 2008), addendum 2 (November 2009), addendum 3 (August 2011),
and errata (October 2011) into 49 CFR 195.3; 195.132(b)(3);
195.205(b)(1); 195.264(b)(1); 195.264(e)(2); 195.307(c); 195.307(d);
195.565; 195.579(d).
[Replaces IBR: API Standard 650, ``Welded Steel Tanks for Oil
Storage'' (11th edition, June 2007), addendum 1 (November 2008).]
(9) ANSI/API Standard 2000, ``Venting Atmospheric and Low-pressure
Storage Tanks'' (6th edition, November 2009) into 49 CFR 195.3,
195.264(e)(2), 195.264(e)(3).
[Replaces IBR: API Standard 2000, ``Venting Atmospheric and Low-
Pressure Storage Tanks Non-Refrigerated and Refrigerated'' (5th
edition, April 1998, errata, November 1999).]
American Society for Testing and Materials (ASTM)
(1) ASTM A53/A53M-10, ``Standard Specification for Pipe, Steel,
Black and Hot-Dipped, Zinc-Coated, Welded and Seamless'' (October 1,
2010), into 49 CFR 192.7; 192.113; Item 1, Appendix B to Part 192;
195.3; 195.106(e).
[Replaces IBR: ASTM A53/A53M-07, ``Standard Specification for Pipe,
Steel, Black and Hot-Dipped, Zinc-Coated Welded and Seamless''
(September 1, 2007).]
(2) ASTM A106/A106M-10, ``Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature Service'' (October 1, 2010),
into 49 CFR 192.7; 192.113; Item 1, Appendix B to Part 192; 195.3;
195.106(e).
[Replaces IBR: ASTM A106/A106M-08, ``Standard Specification for
Seamless Carbon Steel Pipe for High-Temperature Service'' (July 15,
2008).]
(3) ASTM A333/A333M-11, ``Standard Specification for Seamless and
Welded Steel Pipe for Low-Temperature Service'' (April 1, 2011), into
49 CFR 192.7; 192.113; Item 1, Appendix B to Part 192; 195.3;
195.106(e).
[Replaces IBR: ASTM A333/A333M-05, ``Standard Specification for
Seamless and Welded Steel Pipe for Low-Temperature Service'' (March 1,
2005).]
(4) ASTM A372/A372M-10, ``Standard Specification for Carbon and
Alloy Steel Forgings for Thin-Walled Pressure Vessels'' (October 1,
2010), into 49 CFR 192.7, 192.177(b)(1).
[Replaces IBR: ASTM A372/A372M-03 (reapproved), ``Standard
Specification for Carbon and Alloy Steel Forgings for Thin-Walled
Pressure Vessels'' (March 1, 2008).]
(5) ASTM A671/A671M-10, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures''
(April 1, 2010), into 49 CFR 192.7; 192.113; Item 1, Appendix B to Part
192; 195.3; 195.106(e).
[Replaces IBR: ASTM A671-06 (2006) ``Standard Specification for
Electric-Fusion-Welded Steel Pipe for Atmospheric and Lower
Temperatures'' (May 1, 2006).]
(6) ASTM A672/A672M-09, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate
Temperatures'' (October 1, 2009), into 49 CFR 192.7; 192.113; Item 1,
Appendix B to Part 192; 195.3; 195.106(e).
[Replaces IBR: ASTM A672-08, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate
Temperatures'' (May 1, 2008).]
(7) ASTM A691/A691M-09, ``Standard Specification for Carbon and
Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure Service at
High Temperatures'' (October 1, 2009), into 49 CFR 192.7; 192.113; Item
1, Appendix B to Part 192; 195.3; 195.106(e).
[Replaces IBR: ASTM A691-98 (reapproved 2007), ``Standard
Specification for Carbon and Alloy Steel Pipe, Electric-Fusion-Welded
for High-Pressure Service at High Temperatures'' (November 1, 2007).]
(8) ASTM D2513-09a, ``Standard Specification for Polyethylene (PE)
Gas Pressure Pipe, Tubing, and Fittings'' (December 1, 2009), into 49
CFR 192.7; 192.123(e); 192.191(b); 192.283(a); Item 1, Appendix B to
Part 192.
Manufacturers Standardization Society of the Valve and Fittings
Industry, Inc. (MSS)
(1) MSS SP-44-2010, Standard Practice, ``Steel Pipeline Flanges''
(2010 edition, includes Errata, May 20, 2011), into 49 CFR 192.7,
192.147(a). [Replaces IBR: MSS SP-44-2006, Standard Practice, ``Steel
Pipeline Flanges'' (2006 edition).]
(2) MSS SP-75-2008, Standard Practice, ``Specification for High-
Test, Wrought Butt-Welding Fittings'' (2009 edition), into 49 CFR
195.3, 195.118(a). [Replaces IBR: MSS SP-75-2004, ``Specification for
High Test Wrought Butt Welding Fittings'' (2004 edition).]
NACE International (NACE)
(1) ANSI/NACE Standard SP0502-2010, Standard Practice, ``Pipeline
External Corrosion Direct Assessment Methodology'' (June 24, 2010),
into 49 CFR 192.7; 192.923(b)(1); 192.925(b), (b)(1), (b)(1)(ii),
(b)(2), (b)(3), (b)(3)(ii)(A), (b)(3)(ii)(B), (b)(3)(iv), (b)(4),
(b)(4)(ii); 192.931(d); 192.935(b)(1)(iv); 192.939(a)(2); 195.3;
195.588(b)(1), (b)(2), (b)(2)(iii), (b)(3), (b)(4), (b)(4)(ii)(A),
(b)(4)(ii)(B), (b)(iv), (b)(5), (b)(5)(ii).
[Replaces IBR: NACE SP0502-2008, Standard Practice, ``Pipeline
External Corrosion Direct Assessment Methodology'' (reaffirmed March
20, 2008).]
[[Page 171]]
National Fire Protection Association (NFPA)
(1) NFPA-30 (2012), ``Flammable and Combustible Liquids Code,''
includes Errata 1, Errata 2 (2012 edition, June 20, 2011), into 49 CFR
192.7, 192.735(b), 195.3, 195.264(b)(1).
[Replaces IBR: NFPA-30, ``Flammable and Combustible Liquids Code''
(2008 edition, approved August 15, 2007).]
(2) NFPA-70 (2011), ``National Electrical Code'' (2011 edition,
approved August 5, 2010), into 49 CFR 192.7, 192.163(e), 192.189(c).
[Replaces IBR: NFPA 70 (2008), ``National Electrical Code'' (NEC 2008,
approved August 15, 2007).]
B. Standards Not Incorporated
PHMSA did not propose to incorporate by reference API Recommended
Practice (RP) 1162 (second edition, December 2010); API Standard (Std)
653 (4th edition) and Addendum (2010); or section 4.2, ``Rework
Material'' of ASTM D2513-09a, ``Standard Specification for Polyethylene
(PE) Gas Pressure Pipe, Tubing, and Fittings.'' except for PHMSA has
not incorporated these three standards because:
API RP1162-2003--This rule retains API RP 1162, ``Public
Awareness Programs for Pipeline Operators'' (1st edition, December
2003). PHMSA has decided not to incorporate the second edition at this
time because it intends to consult with state pipeline authorities
after they report on the results of their 2012 state compliance
inspections. These inspections were based on the criteria in the first
edition. A public workshop will then be conducted to discuss the
inspection data and best practices.
API Std 653-2001--This rule retains API Std 653-2001,
``Tank Inspection, Repair, Alteration, and Reconstruction'' (3rd
edition, December 2001), with the exception of section 6.4.3,
``Alternative Internal Inspection Interval.'' PHMSA has decided to
exclude section 6.4.3 because of concerns that the risk-based
inspection (RBI) procedures described in section 6.4.3 of the standard
do not require adequate or consistent assessment factors for
establishing an alternate internal inspection interval. First, the
standard states that an operator ``should'' consider certain factors in
making an RBI assessment of a tank, but it does not make such
consideration mandatory. Second, the RBI procedures described in
section 6.4.3 would allow operators to establish minimum bottom plate
thicknesses less than the minimum values referenced in table 6-1,
``Bottom Plate Minimum Thickness,'' and section 4.4.5.4, ``Minimum
Thickness for Tank Bottom Plate.'' Third, the procedures may also
increase or decrease the 20-year inspection interval described in
6.4.2.1, ``Internal Intervals.'' PHMSA does not agree with allowing
such a lengthy interval between inspections.
Under this rule, any operator who previously established an
alternate internal inspection interval using the procedures in section
6.4.3 must reestablish such intervals based on section 6.4.2,
``Inspection Intervals,'' of API Std 653-2001 within 2 years from the
date of this final rule.
ASTM D2513-09a--PHMSA will incorporate ASTM D2513-09a,
``Standard Specification for Polyethylene (PE) Gas Pressure Pipe,
Tubing, and Fittings,'' except section 4.2, ``Rework Material.''
Section 4.2 states: ``Clean rework material of the same commercial
designation, generated from the manufacturer's own pipe and fitting
production shall not be used unless the pipe and fitting produced meets
all the requirements of this specification. The use of these rework
materials shall be governed by the requirements of section 4.3 and
Plastic Pipe Institute (PPI) Technical Note TN-30/2006.''
Currently, rework materials are limited to a maximum of 30 percent
by weight. One of the main steps of plastic pipe manufacturing includes
an extrusion process, where raw or virgin material (usually supplied in
the form of pellets) is heated, melted, mixed and conveyed into a die
and shaped into a pipe. Rework (also known as regrind) is a process by
which plastic pipe that does not fall within acceptable specifications
following the extrusion process can be reused if it meets the
requirements of Section 4.2, including requirements in PPI TN-30/2006.
Requirements in PPI TN-30/2006 include reducing the size of the
material through appropriate stages (i.e. regrinding the material) to
an equivalent size to the raw virgin pellet material and avoiding
contamination. The ground up material is then mixed back in with a
portion of raw pellet material prior to going back through the
extrusion process. Despite these requirements, PHMSA believes
prohibiting the use of rework material is the only way to ensure the
materials used by operators are not contaminated during the
manufacturing process. This topic received a number of comments and was
discussed in detail at the advisory committee meetings. Information
about these comments is provided in Section IV.
During the drafting process of this final rule, the Federal
Register advised that PHMSA would not be allowed to include an
exception clause to the list of standards in the centralized listing as
PHMSA had discussed in the NPRM and at the advisory committee meeting.
Instead, revisions are noted in each of the affected sections to
accommodate the incorporation of ASTM D2513-09a for PE pipe and the
continued incorporation of ASTM D2513-87 and ASTM D2513-99 for non-PE
plastic pipe. The revisions are summarized below:
[cir] In Sec. 192.7, PHMSA is adding ASTM D2513-09a to the listing
of documents incorporated by reference.
[cir] In Sec. 192.59, PHMSA is adding a new paragraph (d) to
specify that PHMSA will prohibit rework for all plastic pipe
manufactured after the effective date of this final rule and used in
pipeline systems subject to Part 192.
[cir] In Sec. 192.63(a)(1), PHMSA is clarifying that ASTM D2513-87
applies to plastic pipe and fittings made of materials other than
polyethylene.
[cir] In Sec. 192.123(e)(2), PHMSA is including verbiage to
indicate that ASTM D2513-09a pertains to PE pipe only.
[cir] In Sec. 192.191, PHMSA is clarifying that ASTM D2513-99 is
applicable to plastic materials other than polyethylene and is adding a
reference to ASTM D2513-09a applicable to PE materials only.
[cir] In Sec. 192.283(a)(1)(i), PHMSA is clarifying that ASTM
D2513-99 is applicable to plastic materials other than polyethylene and
is adding a reference to ASTM D2513-09a applicable to polyethylene
plastic (PE) materials only.
[cir] In Part 192, Appendix B, Section 1, PHMSA is adding ASTM
D2513-09a to the list of pipe specifications.
C. Editorial Corrections and Clarifications
This final rule is also making several non-substantive editorial
amendments to Parts 192, 193, and 195, and 198. The final rule:
Changes the ``Centralized IBR Sections'' from a table
format to a listing.
Adds abbreviated titles to the list of standards to be
incorporated in Sec. Sec. 192.7, 193.2013, and 195.3.
Revises current titles to abbreviated titles.
Corrects the reference to the Gas Technology Institute
(GTI) research document (formerly the Gas Research Institute (GRI))
document number from GRI-89/0242 to GTI-04/0049.
[[Page 172]]
Removes an incorrect reference to ASME Boiler & Pressure
Code, Section VII, Division 2 in Sec. 193.2321.
Inserts the year of certain standards where more than one
edition may be applied.
Inserts the notation ``Incorporated by Reference'' in the
regulation text if not included previously.
In addition, the following technical corrections and changes are
being made to specific sections as follows:
Section 192.283(a)(1)(i) currently states ``or par. 8.9
(Sustained Static Pressure Test)''. This sentence has been deleted
because PHMSA believes the reference is an error. Paragraph 8.9 does
not exist in current edition of ASTM D2513-99 nor does it appear in
several other versions of this referenced standard. PHMSA's staff
researched several editions of ASTM D2513, the pipeline safety
regulations and Federal Register notices to determine if the paragraph
may have been associated with a different standard but found no
reference to paragraph 8.9. Furthermore, PHMSA is clarifying that ASTM
D2513-09a is for PE pipe only as this section pertains to both PE
manufactured to ASTM D2513-09a and non-PE plastic manufactured to ASTM
D2513-99. The resulting language will read, ``In the case of
thermoplastic pipe, paragraph 6.6 (Sustained Pressure Test) or
paragraph 6.7 (Minimum Hydrostatic Burst Test) of ASTM D2513-99 for
plastic materials other than polyethylene or ASTM D2513-09a for
polyethylene plastic materials (incorporated by reference, see Sec.
192.7).''
Section 195.264(b)(1)(i) and (ii) reference section
numbers from an earlier edition of NFPA-30 previously incorporated by
reference. The section references are changed to reflect the current
edition section numbers from NFPA-30 (2012). The new section numbers
are 22.11.1 and 22.11.2.
Section 195.432(b) states that operators must inspect the
physical integrity of in-service atmospheric and low pressure steel
aboveground breakout tanks in accordance with API Standard 653. PHMSA
is amending this section by disallowing the use of the procedures in
section 6.4.3, Alternative Internal Inspection Interval, of API
Standard 653. This final rule also provides instruction to operators
who previously calculated alternative internal inspection intervals
using the guidance in section 6.4.3 of API Std 653.
Section 195.452(l) states that an operator must maintain
certain records for review during an integrity management (IM)
inspection. In this rule, PHMSA is establishing that operators must
maintain their IM records for the useful life of the pipe.
Section 198.37(f) states operators of underground pipeline
facilities participating in one-call facility notification systems must
be required to respond in the manner prescribed in Sec. 192.614(b)(4)
through (b)(6). This section is changed to reflect the correct
references from Sec. 192.614(b)(4) through (b)(6) to Sec.
192.614(c)(4) through (c)(6).
Section 199.111 contains conflicting requirements as those
stated in 49 CFR part 40 causing confusion for both the covered
employee and the operator who must comply with this section and with
Part 40. For example, in Part 40, it is the responsibility of the
medical review officer (MRO) to select the laboratory to which the
split sample should be sent however in Sec. 199.111 the specimen donor
(i.e., the covered employee), and not the MRO, selects the testing
laboratory to which his/her split specimen should be sent for
corroborating evaluation. Another discrepancy between the regulations
deals with whether the same laboratory can retest a split specimen. In
order to eliminate these conflicts, PHMSA is removing section Sec.
199.111. Operators are to follow the requirements in Part 40.
III. Advisory Committees Actions
On December 17, 2013, and February 25, 2014, PHMSA conducted
meetings of the Technical Pipeline Safety Standards Committee (TPSSC)
and the Technical Hazardous Liquid Pipeline Safety Standards Committee
(THLPSSC) to discuss the NPRM and its regulatory evaluation. These
statutorily-mandated committees advise PHMSA on the technical
feasibility, reasonableness, and cost-effectiveness of its proposed
regulations. At the December meeting, in accordance with 49 U.S.C.
60102(b)(2)(G), each of the committees voted in favor of adopting all
of the proposed standards to be incorporated, but there were additional
comments and questions about rework and the impact of PHMSA's proposal
to incorporate ASTM D2513-09a with the exception of section 4.2,
``Rework Material.'' Members were particularly interested in learning
more about the manufacturing process and potential contamination during
the extrusion process, and in soliciting additional information and
opinions from industry experts.
On February 25, 2014, the committees met again. PHMSA presented
more information on the topic of rework and regrind issues.
Additionally, a panel of experts, including representatives from the
National Association of Pipeline Safety Representatives (NAPSR), the
AGA, the PPI, and an independent consultant heavily involved with ASTM
standards development, provided their perspectives on the topic. All
representatives, with the exception of the PPI representative,
supported the PHMSA proposal. The PPI suggested an alternative that
would limit the use of rework to pipe larger than 2 inches in diameter.
Additional comments from the panelists are provided in Section IV of
this document.
In February, the TPSSC voted unanimously to recommend that the
NPRM, excluding rework issues, was technically feasible, reasonable,
practicable, and cost-effective. Prohibiting rework does not affect the
liquid industry.
Transcripts from the committee meetings are available in the docket
for this rulemaking and in the advisory committees' meeting dockets.
IV. Summary of Comments
PHMSA received comments from nine organizations in response to the
NPRM, including: MSS; API; NFPA; Pipeline Plastics, LLC; Southwest Gas
Corporation; Chevron Phillips Chemical Company; PPI; and AGA.
At the two advisory committee meetings, comments were also received
from the organizations mentioned above, members of the TPSSC and the
THLPSSC and from representatives of the Virginia State Corporation
Commission and NAPSR. Their comments are summarized below.
A. Miscellaneous Changes
MSS recommended that PHMSA incorporate by reference the 2011 errata
to MSS SP-44-2010, Standard Practice, ``Steel Pipeline Flanges.'' PHMSA
agrees with this comment and will include the errata, which contains a
minor correction to Table C4 of the standard that corrects the number
of bolt holes from 28 to 32 for 42-inch-diameter pipe.
The NFPA representative and a PHMSA staff member noted that in
existing Sec. 195.264(b)(1)(i) and (ii), the section references to the
standard incorporated by reference, (i.e., NFPA-30 (2012 edition)),
were incorrect. Therefore, the section references will change from
section 4.3.2.3.2 to section 22.11.1.
The API provided comments on incorporating standards, some of which
had not been finalized until after the NPRM was published, and others
that were outside the scope of this notice, including: API Std 653, API
RP 1162, API RP 1164, and NFPA-70.
[[Page 173]]
B. Comments and Discussion on Rework and Incorporating ASTM D 2513-87,
-99, -09a, ``Specifications for Thermoplastic Gas Pressure Pipe, Tubing
and Fittings'' (except section 4.2, ``Rework Materials)
ASTM D2513-87 and -99--The Southwest Gas Corporation
recommended that PHMSA eliminate the incorporation by reference of ASTM
D2513-87, ``Standard Specification for Thermoplastic Gas Pressure Pipe,
Tubing, and Fittings'' (for non-polyethylene plastic materials only) in
Sec. Sec. 192.7 and 192.63(a)(1) for marking only, in favor of
incorporating the 1999 edition of the standard. Southwest indicated
that the reference to the 1987 edition was introduced in an earlier
amendment to the code at the same time ASTM D1990c was incorporated as
an update to the 1987 version. Southwest Gas believed the 1990c version
did not require operators to identify certain temperature ratings for
fittings, so the 1987 version was retained. With the release of the
1999 edition, the temperature-marking requirement for fittings was
restored, so Southwest Gas believed it would be a more appropriate
version to use for marking as well.
PHMSA staff recalled that the 1990c edition did not require
fittings that were intended for use at elevated temperatures to be
marked to identify certain temperature ratings, a requirement that
PHMSA believed was beneficial. Therefore, the 1987 edition continued to
be referenced for the purpose of marking thermoplastic fittings. With
the release of the 1999 edition, however, the marking intervals were
increased from 2 feet to 5 feet. PHMSA has decided to retain the 1987
version of ASTM D2513 for purposes of marking of non-polyethylene
plastic materials because it requires operators to mark pipe and tubing
at intervals of not more than 2 feet. PHMSA prefers this more stringent
requirement because the less spacing there is between markings along a
pipe, the easier it is to identify the pipe during excavation. A
smaller interval also helps reduce the size of the ditch/hole needed
for excavation. The more stringent requirement is also present in the
2009a version of ASTM D2513 for polyethylene pipe and fittings, so ASTM
D2513-09a will be IBR for purposes of marking PE materials only.
PHMSA has revised Sec. 192.63(a)(1) to clarify that ASTM D2513-87
would continue to apply to the marking of non-PE materials. A specific
reference to ASTM D2513-09a is not needed in 192.63(a)(1) to address
marking for PE materials because (1) it is already listed in Appendix B
to Part 192, and (2) other language in Sec. 192.63(a)(1) already
requires each valve, fitting, length of pipe and other component to be
marked as prescribed in the specification or standard to which it was
manufactured.
ASTM D 2513-09a (except section 4.2, ``Rework
Materials'')--The following entities provided comments on the
incorporation of ASTM D2513-09a and the proposal to exclude the use of
rework materials: AGA; Pipeline Plastics, LLC; PPI and Chevron Phillips
Chemical Company. All of these organizations were in favor of
incorporating ASTM D2513-09a for PE pipe, but had varying comments on
the exclusion of rework materials.
The AGA provided comments to the docket based on input from its
Plastic Materials Committee (PMC), which includes operators and plastic
pipe manufacturers. Based on discussions within the PMC, the AGA
suggested an alternative based on pipe diameter, whereby no rework
material would be allowed for pipe 2 inches Iron Pipe Size (IPS) and
below in diameter and the requirements in ASTM D2513-09a, section 4.2
would be acceptable for pipe larger than 2 inches IPS in diameter.
The AGA contended that to the extent there are material issues with
rework, it is reasonable to believe that the risks are greater with
smaller-diameter, thinner-wall pipe, specifically, pipe smaller than 2
inches in diameter. According to AGA, many operators have used the 2-
inch diameter as a threshold for prohibiting the use of rework, while
others require virgin plastic for all their piping. The AGA suggested
that establishing the 2-inch diameter threshold could be a reasonable
step as operators and manufacturers continue to seek consensus and
discuss the issue within the PMC and with PHMSA.
At the February advisory committee meetings, a member of the TPSSC
and a gas operator provided comments on behalf of AGA indicating that,
while in previous comments to the docket, the organization had
recommended PHMSA adopt an alternative that rework only be allowed for
pipe greater than 2 inches in diameter, it now recognized that some of
its members now believed there were continued safety concerns with the
use of reworked pipe and, in an effort to move forward, the AGA
supported the adoption of ASTM D2513-09a without rework. The PPI, a
major trade association representing all segments of the plastics pipe
industry, and Pipeline Plastics, LLC, a major manufacturer of
polyethylene pipe, opposed the exclusion of rework and recommended that
ASTM D2513-09a be incorporated in its entirety. These two organizations
referred to the Operations Technology Development, NFP \1\ (OTD)
company's research Project No. 2.ff (summary version) titled
``Evaluation for Impact of Rework'' which was referenced in the 2009
standard and PPI Technical Note 30 (TN-30), which concluded that the
proper handling and use of rework does not have a negative effect on
any of the three performance parameters for PE gas pipe. Therefore,
these organizations believe adhering to the 2009 standard and PPI TN-
30, which provides guidance for manufacturers and end-users on the safe
and proper use of rework, would adequately address rework.
---------------------------------------------------------------------------
\1\ Operations Technology Development (OTD) is a not-for-profit
corporation led by 22 members who serve over 28 million natural gas
consumers in 27 states and Canada. OTD develops advanced
technologies for the natural gas industry; U.S. utilities combined
interests, expertise, and resources into focused Research &
Development projects.
---------------------------------------------------------------------------
The PPI and Pipeline Plastics, LLC also contended there could be
environmental and cost impacts associated with prohibiting rework.
These organizations stated that if rework were prohibited, additional
unused plastic could be put in landfills. They also indicated that the
unused plastic could be used for other plastic processing operations,
such as blow molding.
The PPI estimated that using PE scrap in blow molding rather than
regrind in pipe production could potentially increase PE pipe
manufacturer costs by $1 million to $3 million annually. This estimate
is based on 2013 PPI resin usage (est. 200,000,000 lbs. used in gas
distribution pipe production), current market resin pricing data (price
differential of $0.10 to $0.15 per pound between pipe grade and blow
mold grade resins), and an estimated 5 to 10 percent scrap generation
from extrusion.
At the February joint advisory committee meeting, a manufacturer
representing PPI raised similar concerns to those raised during the
comment period. The following concerns were presented.
[cir] Cost of gas distribution pipe. The PPI felt that there is no
other market in North America for medium-density polyethylene pipe
other than gas distribution, the majority of which uses medium density
pipe. The PPI stated that all other polyethylene markets use high-
density pipe. Therefore, if reworked pipe is not allowed, the cost of
the medium-density pipe would be discounted to a non-pressure pipe or
commodity product price. This could cause manufacturers to see an
inherent loss in value based on scrap levels.
[[Page 174]]
Some manufacturers felt the estimated $1 million to $3 million cost
impact was low because there is no true alternative market to sell pipe
that can't be used for gas transportation. It would not be worth
regrinding pipe, transferring that material to another facility and
manufacturing something else. The PPI admitted it couldn't share more
detailed costs due to anti-trust concerns and, therefore, was unable to
give a true number.
[cir] Eliminating rework won't result in better-quality pipe. PPI
expressed the view that eliminating rework won't necessarily result in
better-quality pipe and rework doesn't address other sources of
contamination. In the PPI's opinion, rework pressures operators and
manufacturers to minimize scrap. The PPI also felt there was no true
way to test a pipe later to determine whether or not it was
manufactured with rework material. If operators required no rework in
their specifications, it would be difficult to trace and audit.
[cir] Oil and gas gathering lines. The PPI indicated it had several
members whose pipelines had previously been unregulated but which had
now became regulated due to encroaching development. To protect
themselves, midstream users are requiring pipe for oil and gas
gathering lines to meet ASTM D2513. If rework is not allowed, midstream
users will also have to comply. The industry is concerned if reworked
pipe is not allowed for oil and gas gathering lines, which is almost
half of the total pressure pipe market, there would be an even larger
cost impact. Based on their concerns, the PPI suggested an alternative
to only prohibit rework in pipes larger than 2 inches in diameter.
Dura-Line, a pipeline manufacture, stated that their company has
been rework-free for a full year and that they instead supported the
AGA's position to not allow rework. The statement was made for the
record that its position was not unanimous among its membership.
Another member of the public stated that while the vote at the PPI
was not unanimous, the PPI has a consensus process to follow, and it
was the decision of their Energy Piping Systems Committee to move this
issue forward in the manner they did. This individual urged support of
the PPI recommendation.
Chevron Phillips preferred incorporating ASTM D2513-09a in its
entirety but suggested if additional limitations were to be adopted, it
would recommend adopting sizing restrictions, such as limiting the use
of rework to pipes with wall thicknesses greater than 0.170 inches.
They also suggested there could be additional costs associated with
prohibiting rework. According to Chevron Phillips, PE gas pipe resins
are specifically tailored through processing and additives to yield the
highest quality pipe and fitting products. If the rework materials from
these products cannot be used in the manufacture of gas pipes, they
will be less valuable in alternate products. According to Chevron
Phillips, the cost of the raw material is by far the largest
contributor to the overall cost of the pipe or fittings, and an
increased cost would have to be passed on to the utilities and
consumers, which will affect the competitive position of PE gas pipe.
An independent expert discussed his experience with both operators
and the standards developing committees, and the extent to which other
countries allow rework. He stated that Canada is considering not
allowing rework in the Canadian Standards Association (CSA) B137.4,
which is the standard similar to ASTM D2513 for polyethylene gas pipe.
He also reported that rework is not allowed in France, the Netherlands,
Belgium and Korea. The United Kingdom requires that either no rework
material be used, or, if it is used, the pipe must be 100 percent
reworked material (not a combination). He also acknowledged the ongoing
work in ASTM to develop a standard for the proper use of rework and a
recent revision to PPI TN-30, both of which he acknowledged are good
documents. However, in his opinion, these documents mainly provide good
recommendations for material handling. He believed the only true
guaranteed means to prevent contamination from rework is not to allow
rework in ASTM D2513-09a. He noted that although he is a member of the
PPI, he was not in support of the group's position and recommended the
advisory committees support the PHMSA proposal regarding adoption of
ASTM D2513-09a, with the exception of rework.
An individual from the Virginia State Corporation Commission
(speaking on behalf of himself) stated that he had conducted research
on the use of rework in the U.S. and in other parts of the world. He
expressed concern that PPI TN-30 provides no guidance on cleaning, the
verification process, or testing requirements prior to regrind material
use, which does not assure that reground material is free from
contamination. He also stated that using magnets to attract certain
materials is not reliable, as magnets do not attract particles
including non-ferrous materials, brass, aluminum and dust. He stated
that some pipe might also sit for periods of time with the manufacturer
and become oxidized, which causes harm to pipe material. Such oxidized
pipe may then be ground up and introduced into the rework process. He
added that rework is not allowed for pipe built to American Association
of State of Highway Transportation Officials' standards, and that ASTM
is currently working on a standard, ASTM WK-37322, where they are
looking to the possibility of eliminating the use of rework entirely.
C. Advisory Committees--Action/Q & A
A member from the Iowa Utilities Board asked why some operators
require virgin plastic materials while others use the 2-inch measure as
explained by AGA. PHMSA explained that the use of virgin plastic or the
2-inch measure is determined on an operator-by-operator basis. A member
of the gas committee, representing industry, stated that National Grid
uses only virgin material plastic. The selection and use of the
material is decided by their materials engineering manager who bases
his decision on experience, examination of pipe tested in their lab,
and field work. Ultimately, the materials engineering manager was more
comfortable with using virgin material.
A member of the liquid committee, representing the Virginia State
Corporation Commission, stated that from his experience, companies in
Virginia recognize that using virgin materials may not be the real
issue at all. Instead, there is more of a concern that there is
opportunity for pipe material to be contaminated during the
manufacturing process. The plastic pipe manufacturing process is an
area where there are few standards.
A member of the gas committee, representing the public from
Hartford Steam Boiler, asked how PHMSA would control the implementation
of a standard that banned the use of rework but where the pipe was
marked as meeting specifications and the industry specification
permitted rework material. PHMSA replied that, from a regulatory
standpoint, the IBR of ASTM D2513-09a would have a caveat stating the
exception to section 4.2 (addressing rework). In addition, a
documentation system to trace raw material is required under section
4.3. Therefore, both manufacturers and operators would need to keep
adequate records. The ultimate responsibility for verifying the type of
pipe actually used would rest with the operator.
A member of the liquid committee provided comments on behalf of
NAPSR, stating that the PHMSA presentation adequately described NAPSR's
concerns. The member stated
[[Page 175]]
that NAPSR feels the ratepayers pay for good pipe that's made of virgin
material and should last not just a few years, but, if constructed
properly, for the next 100 years. With that, NAPSR was opposed to any
use of rework for construction of plastic pipe for gas.
D. PHMSA Position on Rework
At the February advisory committee meetings, a PHMSA staff member
provided more background information on rework and described the
differences in the three versions of the standards proposed. He also
presented additional technical and field perspective on issues
surrounding rework itself, as well as applicable requirements or
guidance found in ASTM D2513-09a and PPI TN-30. Among the new technical
information presented, the PHMSA staff member provided information from
several other reports: ``Analysis of Microscopic Leaks in Polyethylene
Gas Distribution Piping'' by Electric Power Research Institute (EPRI);
``Electrochemical Treeing in Cable'' by Phelps Dodge Cable and Wire
Company (January 1978); and ``Deterioration of Water Immersed
Polyethylene-Coated Wire by Treeing'' by Takao Miyashita (IEEE Member)
(March 1971).
These reports indicated that rework could potentially be an issue
of concern, particularly through breakdown of dielectric properties,
the development of pinhole leaks, and static discharge. The PHMSA staff
member restated several of the technical issues referenced in the OTD
report, ``Evaluation of Impact of Rework,'' mentioned by several
commenters and indicating that rework was not an issue. The PHMSA staff
member did acknowledge that none of the reports mentioned thus far was
definitive, one way or another. The PHMSA staff member presented
information on the extent to which other countries and industries allow
rework. Previous comments from manufacturers indicated no other country
or industry prohibits rework, and the U.S. (through PHMSA) would be the
first to do so. In the United States, the nuclear industry does not
allow scrap or regrind material per Code Case N-755. While the Code
Case is not directly incorporated under Title 10, in part because
plastic is newer to the nuclear industry and there may be some other
issues with the Code Case, anyone who wants to use plastic instead of
steel in the nuclear industry needs to present technical information to
justify the use of plastic. It is typically expected that anyone who
wants to use plastic pipe must comply with N-755, including not
allowing the use of regrind material.
The electric industry has also experienced poor performance on
insulation materials and effects from contamination and has developed
better standards and quality-control procedures. A listing of
references to additional reports was provided and is available on the
meeting Web site and on the docket. For other countries, the PHMSA
staff member noted that Canada is considering prohibiting rework
through a standard being developed by the CSA. The PHMSA staff member
also understood many foreign operators do not allow rework.
After reviewing the comments and materials provided, PHMSA is not
convinced there is adequate justification to allow rework materials
(section 4.2 of ASTM D2513-09a) for PE pipe at this time. PHMSA
believes commenters did not make it clear how incorporating the
standard in its entirety for all PE piping would provide an equivalent
level of safety or better. It appears there is more evidence indicating
that the exclusion of rework would provide increased safety for
operators due to the concern of contamination of the materials during
the manufacturing process and, therefore, contaminating the new pipe.
Comments received concerning potential costs associated with
prohibiting rework entirely may not have taken all relevant factors
into account (e.g., how many operators are actually allowing rework
materials). PHMSA believes the commenters may have also overestimated
the cost impact on manufacturers because the results appear to be based
on the assumptions that rework is currently allowed by all pipeline
operators. PHMSA has learned however, from comments made by the AGA,
NAPSR, and an advisory committee industry member that some operators
currently prohibit rework for piping under a certain diameter, with
many operators already requiring the use of virgin plastic pipe only.
The available data based on industry-wide practices and action costs
does not appear to indicate a significant increase in costs to
manufacturers or operators.
If some additional costs are incurred to improve quality control
and assurance processes, PHMSA believes any improvements in
manufacturing quality assurance/quality control are likely to be
outweighed by the benefits for pipeline safety.
Some commenters stated reworked material is sometimes used for
alternative purposes such as blow molding. The PPI suggested there is
no other market for medium-density PE pipe other than gas distribution.
PHMSA believes additional guidance on manufacturing procedures
could possibly reduce the amount of scrap used for rework material. The
ASTM is currently developing a standard for the proper use of rework,
and a recent revision to PPI TN-30 provides good recommendations for
materials handling.
While PPI's concerns related to oil and gas gathering lines may
have some validity, and there may be a time when more oil and gas
gathering lines could become regulated, any such discussions are
outside the scope of this rulemaking. PHMSA does, however, commit to
engage with the manufacturers and other relevant stakeholders when
discussing the use of plastic materials in oil and gas gathering lines.
PHMSA stands by its original proposal to incorporate ASTM D2513-09a
for PE pipe and continue to reference ASTM D2513-99 for non-PE plastic
pipe but prohibit the use of rework material. PHMSA will also continue
to reference ASTM D2513-87 for marking only of non-PE plastic pipe.
V. Public Availability of Standards
All incorporated by reference documents addressed in this rule are
available for visual inspection, as required by Section 24 of Public
Law 112-90, January 3, 2012, and amended 49 U.S.C. 60102 on January 3,
2013 at the following locations:
--The U.S. Department of Transportation, Pipeline and Hazardous
Materials Safety Administration, Office of Pipeline Safety, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001 or any of PHMSA's five
regional offices (addresses available at: 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">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. If you want to view the standards for free or
purchase copies of the standards incorporated by reference, they are
available from each of the SDOs listed above and may also be available
on the open market. With this rule, the SDO Web sites have been added
to the listing of documents incorporated by reference in each part.
[[Page 176]]
VI. Regulatory Analyses and Notices
A. Summary/Legal Authority for This Rulemaking
This final rule is published under the authority of the Federal
pipeline safety law (49 U.S.C. 60101 et seq.). Section 60102 authorizes
the Secretary of Transportation to issue regulations governing the
design, installation, inspection, emergency plans and procedures,
testing, construction, extension, operation, replacement, and
maintenance of pipeline facilities. Further, Section 60102(l) of the
Federal pipeline safety law states that the Secretary shall, to the
extent appropriate and practicable, update incorporated industry
standards that have been adopted as a part of the Federal pipeline
safety regulations. This final rule incorporates by reference two new
editions (one partially incorporated) and 21 updated standards of those
currently-referenced standards (wholly or in part). In addition, this
final rule makes several other miscellaneous and editorial changes to
the pipeline safety regulations.
B. Executive Order 12866, Executive Order 13563, and DOT Regulatory
Policies and Procedures
This final rule is not considered a significant regulatory action
under section 3(f) of Executive Order 12866 (58 FR 51735) and,
therefore, was not subject to review by the Office of Management and
Budget (OMB). This final rule is considered non-significant under the
Regulatory Policies and Procedures of the Department of Transportation
(44 FR 11034).
In accordance with the National Technology and Advancement Act of
1995 (``the Act'') and OMB Circular A-119, ``Federal Participation in
the Development and Use of Voluntary Consensus Standards and in
Conformity Assessment Activities,'' PHMSA constantly reviews new
editions and revisions to relevant standards and publishes a proposed
rule every 2 years to incorporate by reference new or updated consensus
standards. This practice is consistent with the intent of the Act and
OMB directives to avoid the need for developing government-written
standards that could potentially result in regulatory conflicts with
updated standards and an increased compliance burden on industry. In
this final rule, PHMSA also incorporates by reference two new
standards, API RP 5LT and ASTM D2513-09a (excluding section 4.2--Rework
Material), and updates 21 currently referenced standards and
specifications in 49 CFR parts 192, 193, and 195.
According to the annual reports pipeline operators submit to PHMSA,
there are over 2,370 entities operating hazardous liquid, natural gas
transmission, gathering, distribution systems, and liquefied natural
gas facilities as of December 31, 2011. The amendments in this rule
should enhance safety and reduce the compliance burden on the regulated
industry.
PHMSA estimates the costs of incorporating these standards to be
negligible and the net benefits to be high. In fact, industry standards
developed and adopted by consensus are largely accepted and followed by
the pipeline industry, which assures that the industry is not forced to
comply with a number of different standards to accomplish the same
safety goal. The majority of pipeline operators already purchase and
apply industry standards as part of common business practice.
In addition to incorporating new and updating existing voluntary
consensus standards, PHMSA is making non-substantive edits and
clarifying regulatory language in certain provisions. Since these
editorial changes are relatively minor, this rule would not require
pipeline operators to undertake significant new pipeline safety
initiatives and would have negligible cost implications. The non-
substantive changes will increase the clarity of the pipeline safety
regulations, and help improve compliance, and improve the safety of the
nation's pipeline systems.
Executive Order 13563 is supplemental to and reaffirms the
principles, structures, and definitions governing regulatory review
that were established in Executive Order 12866, Regulatory Planning and
Review, of September 30, 1993. Additionally, Executive Order 13563
specifically requires agencies to: (1) Involve the public in the
regulatory process; (2) promote simplification and harmonization
through interagency coordination; (3) identify and consider regulatory
approaches that reduce burden and maintain flexibility; (4) ensure the
objectivity of any scientific or technological information used to
support regulatory action; and (5) consider how to best promote
retrospective analysis to modify, streamline, expand, or repeal
existing rules that are outmoded, ineffective, insufficient, or
excessively burdensome.
When developing this rule, PHMSA involved the public in the
regulatory process in a variety of ways. Specifically, PHMSA addressed
issues and errors that were identified and tagged for future rulemaking
consideration in letters from the regulated community and through
meetings and correspondence with stakeholders. PHMSA considered public
comments based on the proposals in the NPRM, addressed those comments
in the docket, and discussed the proposals with the members of its two
advisory committees and public representatives in attendance.
These standards are expected to produce a safety benefit derived
from new requirements with minimal additional costs.
C. Executive Order 13132
PHMSA analyzed this final rule in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). The
final rule does not have a substantial direct effect on the states, the
relationship between the national government and the states, or the
distribution of power and responsibilities among the various levels of
government. The final rule does not impose substantial direct
compliance costs on state and local governments nor will it preempt
state law for intrastate pipelines. Therefore, the consultation and
funding requirements of Executive Order 13132 do not apply.
D. Executive Order 13175
PHMSA analyzed the final rule according to Executive Order 13175,
``Consultation and Coordination with Indian Tribal Governments.''
Because the final rule does not significantly or uniquely affect the
communities of the Indian Tribal Governments or impose substantial
direct compliance costs, the funding and consultation requirements of
Executive Order 13175 do not apply.
E. Regulatory Flexibility Act, Executive Order 13272 and DOT Procedures
and Policies
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.), requires an
agency to review regulations to assess their impact on small entities,
unless the agency determines the rule is not expected to have a
significant impact on a substantial number of small entities. An
example of a small business may include technical experts from a
publicly owned natural gas local distribution company.
Technical committees that develop codes and standards are, for the
most part, comprised of experts representing the various facets of a
given industry, such as manufacturers, installers, insurers,
inspectors, end users, distributors and regulatory agencies.
Participants represent both large and small businesses and others. An
[[Page 177]]
example of the make-up of a typical standards committee may include
representatives (engineers, researchers, or risk management officers)
from large and small operating companies, government members (Federal/
state), risk management consultants, insurance administrators,
academics and individuals. Meetings are open to the public. The
committees involved in developing, revising, and approving consensus
standards created by organizations such as the API or AGA include
technical experts, operating companies, vendors, consultants,
academics, and regulators.
The impact of this final rule will not have a significant impact on
compliance cost regardless of the size of the firm. The changes update
current editions of industry standards to allow for the use of newer or
updated safety procedures to promote uniformity among industry
practices. Changes in standards employing performance-based approaches
have resulted in fewer costly changes to an organization's
manufacturing processes.
Consideration of alternative proposals for small businesses: The
Regulatory Flexibility Act directs agencies to establish expectations
and differing compliance standards for small businesses, where it is
possible to do so, while still meeting the objectives of applicable
regulatory statutes. In the case of hazardous liquid, natural gas and
other types of materials transported by pipeline, any exceptions are
considered during the rulemaking process. For the most part, differing
standards are not possible due to the type of technical requirements
covered by these standards. The impact of this final rule will be
minimal. The changes are intended to provide industry guidance through
adoption of newer editions of consensus standards and recommended
practices.
Based on the facts available about the anticipated impact of this
rulemaking, I certify, under Section 605 of the Regulatory Flexibility
Act (5 U.S.C. 605), that this final rule will not have a significant
economic impact on a substantial number of small entities.
F. Paperwork Reduction Act
This final rule does not impose any new information collection
requirements.
G. Regulation Identifier Number
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
H. Unfunded Mandates Reform Act of 1995
This final rule will not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It will not result in costs of
$100 million (adjusted for inflation currently estimated to be $132
million) or more in any one year to either state, local or tribal
governments, in the aggregate, or to the private sector, and would be
the least burdensome alternative that achieves the objective of this
final rule.
I. Privacy Act Statement
Anyone may search the electronic form of comments received in
response to any of our dockets by the name of the individual submitting
the comment (or signing the comment if submitted for an association,
business, labor union, etc.). You may review DOT's complete Privacy Act
Statement in the Federal Register published on April 11, 2000 (65 FR
19477), or you may visit 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 regulations require
Federal agencies to conduct an environmental review considering: (1)
The need for the proposed action; (2) alternatives to the proposed
action; (3) probable environmental impacts of the proposed action and
alternatives; and (4) the agencies and persons consulted during the
consideration process (40 CFR 1508.9(b)). In this final rule, PHMSA
incorporates two new standards (one partially) and incorporates 21
updated standards of those currently referenced. This final rule also
makes miscellaneous and editorial changes to the pipeline safety
regulations.
Description of Action: The National Technology Transfer and
Advancement Act of 1995 directs Federal agencies to use voluntary
consensus standards and design specifications developed by voluntary
consensus standard bodies instead of government-developed voluntary
technical standards, when applicable. There are currently 64 standards
incorporated by reference in Parts 192, 193 and 195 of the pipeline
safety regulations.
PHMSA engineers and subject matter experts participate on
approximately 25 standards development committees to keep current on
committee actions. PHMSA will only propose to adopt standards into the
Federal regulations that meet the agency's directive(s) to ensure the
best interests of public and environmental safety are served.
Purpose and Need: Many of the industry standards currently
incorporated by reference in the pipeline safety regulations have been
revised and updated to incorporate and promote new technologies and
methodologies. This final rule will allow operators to use new
technologies by incorporating new editions of the standards into the
pipeline safety regulations.
PHMSA's technical experts continually review the actions of
pipeline standards developing committees and study industry safety
practices to ensure that their endorsement of any new editions or
revised standards incorporated into the Federal safety regulations will
improve public safety, as well as provide protection for the
environment. If PHMSA does not amend the Federal safety standards to
keep up with industry practices, it could potentially have an adverse
effect on the transportation of energy resources.
These amendments will make the regulatory provisions more
consistent with current technology and will therefore promote the safe
transportation of hazardous liquids, natural and other gases and
liquefied natural gas by pipeline.
Alternatives Considered: In developing this final rule, PHMSA
considered two alternatives:
Alternative (1): Take no action and continue to incorporate the
existing standards currently referenced in the pipeline safety
regulations.
Because PHMSA's goal is to facilitate pipeline safety, PHMSA
rejected the alternative to take no action.
Alternative (2): Go forward with the proposed amendments and
incorporate updated editions of voluntary consensus standards to allow
pipeline operators to use current technologies. This is the selected
alternative.
PHMSA's goal is to incorporate by reference all or parts of updated
editions of voluntary consensus standards into the pipeline safety
regulations to allow pipeline operators to use current technology, new
materials, and other industry and management practices. Another goal is
to update and clarify certain provisions in the regulations.
Environmental Consequences: The Nation's pipelines are located
[[Page 178]]
throughout the United States, both onshore and offshore, and traverse a
variety of environments--from highly populated urban sites to remote,
unpopulated rural areas. The Federal pipeline regulatory system is a
risk management system that is prevention-oriented and focused on
identifying safety hazards and reducing the probability and quantity of
a natural gas or hazardous liquid release. Pipeline operators are
required to develop and implement IM programs to enhance safety by
identifying and reducing pipeline integrity risks.
Pipelines subject to this final rule transport hazardous liquids
and natural gas, and therefore a spill or leak of the product could
affect the physical environment as well as the health and safety of the
public. The release of hazardous liquids or natural gas can cause the
loss of cultural and historical resources (e.g., properties listed on
the National Register of Historic Places), biological and ecological
resources (e.g., coastal zones, wetlands, plant and animal species and
their habitats, forests, grasslands, offshore marine ecosystems),
special ecological resources (e.g., threatened and endangered plant and
animal species and their habitats, national and state parklands,
biological reserves, wild and scenic rivers), and the contamination of
air, water resources (e.g., oceans, streams, lakes), and soil that
exist directly adjacent to and within the vicinity of pipelines.
Incidents involving pipelines can result in fires and explosions,
causing damage to the local environment. Depending on the size of a
spill or gas leak and the nature of the failure zone, the potential
impacts could vary from property damage or environmental damage,
injuries or, on rare occasions, fatalities.
Compliance with the pipeline safety regulations substantially
reduces the possibility of an accidental release of product. Updating
new industry standards or those already incorporated into the pipeline
safety regulations provides operators with the advantage and added
safety of applying newer technologies. These standards are based on the
accumulated knowledge and experience of owners, operators,
manufacturers, risk management experts and others involved in the
pipeline industry or government agencies who write the regulations to
ensure the products are moved safely throughout the country. PHMSA
staff actively participates in the standards development process to
ensure each standard incorporated will enhance safety and environmental
protection. Newer editions are not automatically incorporated but
reviewed in detail. PHMSA reviewed each of the standards described in
this rule and have determined that the majority of the updates include
nearly minor changes such as editorial changes, inclusion of a best
practices, or similar changes.
The discussion of the standards PHMSA has chosen not to incorporate
at this time or that are to be partial incorporated is included under
section II of this rule.
Conclusion--Degree of Environmental Impact: PHMSA incorporates
consensus standards that will allow the pipeline industry to use
improved technologies, new materials, performance-based approaches,
manufacturing processes, or other practices to enhance public health,
safety and welfare. PHMSA's goal is to ensure hazardous liquids,
natural and other gases and liquefied natural gas transported by
pipeline will arrive safely to its destination.
PHMSA has determined that the selected alternative will not have a
significant impact on the environment.
K. Executive Order 13211
Transporting gas and petroleum affects the Nation's available
energy supply. However, this final rule would not be a significant
energy action under Executive Order 13211. It also would not be a
significant regulatory action under Executive Order 12866 and would not
likely have a significant adverse effect on the supply, distribution,
or use of energy. Further, the Administrator of the Office of
Information and Regulatory Affairs would not be likely to identify this
final rule as a significant energy action.
List of Subjects
49 CFR Part 192
Incorporation by reference, Natural gas, Pipeline safety.
49 CFR Part 193
Incorporation by reference, Liquefied natural gas, Pipeline safety.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Incorporation by reference,
Petroleum pipeline safety.
49 CFR Part 198
Grant programs--transportation, Pipeline safety, Reporting and
recordkeeping requirements.
49 CFR Part 199
Drug and alcohol testing.
In consideration of the foregoing, PHMSA amends 49 CFR parts 192,
193, 195, 198, and 199 as follows:
PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
0
1. The authority citation for Part 192 continues to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,
60113, 60116, 60118 and 60137; and 49 CFR 1.97.
Sec. Sec. 192.923, 192.925, 192.931, 192.935, 192.939 [Amended]
0
2. In 49 CFR part 192, remove the term ``NACE SP0502-2008'' and add in
its place ``NACE SP0502'' everywhere it appears in the following
sections:
0
a. Section 192.923(b)(1);
0
b. Section 192.925(b) introductory text;
0
c. Section 192.925(b)(1) introductory text;
0
d. Section 192.925(b)(1)(ii);
0
e. Section 192.925(b)(2) introductory text;
0
f. Section 192.925(b)(3) introductory text;
0
g. Section 192.925(b)(3)(ii)(A);
0
h. Section 192.925(b)(3)(ii)(B);
0
i. Section 192.925(b)(3)(iv);
0
j. Section 192.925(b)(4) introductory text;
0
k. Section 192.925(b)(4)(ii);
0
l. Section 192.931(d);
0
m. Section 192.935(b)(1)(iv);
0
n. Section 192.939(a)(2).
0
3. Section 192.7 is revised to read as follows:
Sec. 192.7 What documents are incorporated by reference partly or
wholly in this part?
(a) This part prescribes standards, or portions thereof,
incorporated by reference into this part with the approval of the
Director of the Federal Register in 5 U.S.C. 552(a) and 1 CFR part 51.
The materials listed in this section have the full force of law. To
enforce any edition other than that specified in this section, PHMSA
must publish a notice of change in the Federal Register.
(1) Availability of standards incorporated by reference. All of the
materials incorporated by reference are available for inspection from
several sources, including the following:
(i) The Office of Pipeline Safety, Pipeline and Hazardous Materials
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC
20590. For more information contact 202-366-4046 or go to the PHMSA Web
site at: https://www.phmsa.dot.gov/pipeline/regs.
(ii) The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to the NARA Web site at: https://
[[Page 179]]
www.archives.gov/federal_register/code_of_federal_regulations/
ibr_locations.html.
(iii) Copies of standards incorporated by reference in this part
can also be purchased or are otherwise made available from the
respective standards-developing organization at the addresses provided
in the centralized IBR section below.
(2) [Reserved]
(b) American Petroleum Institute (API), 1220 L Street NW.,
Washington, DC 20005, phone: 202-682-8000, 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,'' First edition, March 2012, (API RP 5LT),
IBR approved for Sec. 192.65(c).
(3) API Recommended Practice 5LW, ``Recommended Practice for
Transportation of Line Pipe on Barges and Marine Vessels,'' 3rd
edition, September 2009, (API RP 5LW), IBR approved for Sec.
192.65(b).
(4) API Recommended Practice 80, ``Guidelines for the Definition of
Onshore Gas Gathering Lines,'' 1st edition, April 2000, (API RP 80),
IBR approved for Sec. 192.8(a).
(5) API Recommended Practice 1162, ``Public Awareness Programs for
Pipeline Operators,'' 1st edition, December 2003, (API RP 1162), IBR
approved for Sec. 192.616(a), (b), and (c).
(6) API Recommended Practice 1165, ``Recommended Practice for
Pipeline SCADA Displays,'' First edition, January 2007, (API RP 1165),
IBR approved for Sec. 192.631(c).
(7) API Specification 5L, ``Specification for Line Pipe,'' 45th
edition, effective July 1, 2013, (API Spec 5L), IBR approved for
Sec. Sec. 192.55(e); 192.112(a), (b), (d), (e); 192.113; and Item I,
Appendix B to Part 192.
(8) ANSI/API Specification 6D, ``Specification for Pipeline
Valves,''23rd edition, effective October 1, 2008, including Errata 1
(June 2008), Errata2 (/November 2008), Errata 3 (February 2009), Errata
4 (April 2010), Errata 5 (November 2010), Errata 6 (August 2011)
Addendum 1 (October 2009), Addendum 2 (August 2011), and Addendum 3
(October 2012), (ANSI/API Spec 6D), IBR approved for Sec. 192.145(a).
(9) API Standard 1104, ``Welding of Pipelines and Related
Facilities,'' 20th edition, October 2005, including errata/addendum
(July 2007) and errata 2 (2008), (API Std 1104), IBR approved for
Sec. Sec. 192.225(a); 192.227(a); 192.229(c); 192.241(c); and Item II,
Appendix B.
(c) ASME International (ASME), Three Park Avenue, New York, NY
10016, 800-843-2763 (U.S./Canada), 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,'' 2004, (ASME/ANSI B31G),
IBR approved for Sec. Sec. 192.485(c) and 192.933(a).
(4) ASME/ANSI B31.8-2007, ``Gas Transmission and Distribution
Piping Systems,'' November 30, 2007, (ASME/ANSI B31.8), IBR approved
for Sec. Sec. 192.112(b) and 192.619(a).
(5) ASME/ANSI B31.8S-2004, ``Supplement to B31.8 on Managing System
Integrity of Gas Pipelines,'' 2004, (ASME/ANSI B31.8S-2004), IBR
approved for Sec. Sec. 192.903 note to Potential impact radius;
192.907 introductory text, (b); 192.911 introductory text, (i), (k),
(l), (m); 192.913(a), (b), (c); 192.917 (a), (b), (c), (d), (e);
192.921(a); 192.923(b); 192.925(b); 192.927(b), (c); 192.929(b);
192.933(c), (d); 192.935 (a), (b); 192.937(c); 192.939(a); and
192.945(a).
(6) ASME Boiler & Pressure Vessel Code, Section I, ``Rules for
Construction of Power Boilers 2007,'' 2007 edition, July 1, 2007, (ASME
BPVC, Section I), IBR approved for Sec. 192.153(b).
(7) ASME Boiler & Pressure Vessel Code, Section VIII, Division 1
``Rules for Construction of Pressure Vessels,'' 2007 edition, July 1,
2007, (ASME BPVC, Section VIII, Division 1), IBR approved for
Sec. Sec. 192.153(a), (b), (d); and 192.165(b).
(8) ASME Boiler & Pressure Vessel Code, Section VIII, Division 2
``Alternate Rules, Rules for Construction of Pressure Vessels,'' 2007
edition, July 1, 2007, (ASME BPVC, Section VIII, Division 2), IBR
approved for Sec. Sec. 192.153(b), (d); and 192.165(b).
(9) ASME Boiler & Pressure Vessel Code, Section IX: ``Qualification
Standard for Welding and Brazing Procedures, Welders, Brazers, and
Welding and Brazing Operators,'' 2007 edition, July 1, 2007, ASME BPVC,
Section IX, IBR approved for Sec. Sec. 192.225(a); 192.227(a); and
Item II, Appendix B to Part 192.
(d) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, PO Box C700, West Conshohocken, PA 19428, phone: (610)
832-9585, Web site: https://www.astm.org/.
(1) ASTM A53/A53M-10, ``Standard Specification for Pipe, Steel,
Black and Hot-Dipped, Zinc-Coated, Welded and Seamless,'' approved
October 1, 2010, (ASTM A53/A53M), IBR approved for Sec. 192.113; and
Item II, Appendix B to Part 192.
(2) ASTM A106/A106M-10, ``Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature Service,'' approved October 1,
2010, (ASTM A106/A106M), IBR approved for Sec. 192.113; and Item I,
Appendix B to Part 192.
(3) ASTM A333/A333M-11, ``Standard Specification for Seamless and
Welded Steel Pipe for Low-Temperature Service,'' approved April 1,
2011, (ASTM A333/A333M), IBR approved for Sec. 192.113; and Item I,
Appendix B to Part 192.
(4) ASTM A372/A372M-10, ``Standard Specification for Carbon and
Alloy Steel Forgings for Thin-Walled Pressure Vessels,'' approved
October 1, 2010, (ASTM A372/A372M), IBR approved for Sec. 192.177(b).
(5) ASTM A381-96 (reapproved 2005), ``Standard Specification for
Metal-Arc Welded Steel Pipe for Use with High-Pressure Transmission
Systems,'' approved October 1, 2005, (ASTM A381), IBR approved for
Sec. 192.113; and Item I, Appendix B to Part 192.
(6) ASTM A578/A578M-96 (reapproved 2001), ``Standard Specification
for Straight-Beam Ultrasonic Examination of Plain and Clad Steel Plates
for Special Applications,'' (ASTM A578/A578M), IBR approved for Sec.
192.112(c).
(7) ASTM A671/A671M-10, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures,''
approved April 1, 2010, (ASTM A671/A671M), IBR approved for Sec.
192.113; and Item I, Appendix B to Part 192.
(8) ASTM A672/A672M-09, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate
Temperatures,'' approved October 1, 2009, (ASTM A672/672M), IBR
approved for Sec. 192.113 and Item I, Appendix B to Part 192.
(9) ASTM A691/A691M-09, ``Standard Specification for Carbon and
Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure Service at
High Temperatures,'' approved October 1, 2009, (ASTM A691/A691M), IBR
approved for Sec. 192.113 and Item I, Appendix B to Part 192.
[[Page 180]]
(10) ASTM D638-03, ``Standard Test Method for Tensile Properties of
Plastics,'' 2003, (ASTM D638), IBR approved for Sec. 192.283(a) and
(b).
(11) ASTM D2513-87, ``Standard Specification for Thermoplastic Gas
Pressure Pipe, Tubing, and Fittings,'' (ASTM D2513-87), IBR approved
for Sec. 192.63(a).
(12) ASTM D2513-99, ``Standard Specification for Thermoplastic Gas
Pressure Pipe, Tubing, and Fittings,'' (ASTM D 2513-99), IBR approved
for Sec. Sec. 192.191(b); 192.281(b); 192.283(a) and Item 1, Appendix
B to Part 192.
(13) ASTM D2513-09a, ``Standard Specification for Polyethylene (PE)
Gas Pressure Pipe, Tubing, and Fittings,'' approved December 1, 2009,
(ASTM D2513-09a), IBR approved for Sec. Sec. 192.123(e); 192.191(b);
192.283(a); and Item 1, Appendix B to Part 192.
(14) ASTM D2517-00, ``Standard Specification for Reinforced Epoxy
Resin Gas Pressure Pipe and Fittings,'' (ASTM D 2517), IBR approved for
Sec. Sec. 192.191(a); 192.281(d); 192.283(a); and Item I, Appendix B
to Part 192.
(15) ASTM F1055-1998, ``Standard Specification for Electrofusion
Type Polyethylene Fittings for Outside Diameter Controller Polyethylene
Pipe and Tubing,'' (ASTM F1055), IBR approved for Sec. 192.283(a).
(e) Gas Technology Institute (GTI), formerly the Gas Research
Institute (GRI)), 1700 S. Mount Prospect Road, Des Plaines, IL 60018,
phone: 847-768-0500, Web site: www.gastechnology.org.
(1) GRI 02/0057 (2002) ``Internal Corrosion Direct Assessment of
Gas Transmission Pipelines Methodology,'' (GRI 02/0057), IBR approved
for Sec. 192.927(c).
(2) [Reserved]
(f) Manufacturers Standardization Society of the Valve and Fittings
Industry, Inc. (MSS), 127 Park St. NE., Vienna, VA 22180, phone: 703-
281-6613, Web site: https://www.mss-hq.org/ org/.
(1) MSS SP-44-2010, Standard Practice, ``Steel Pipeline Flanges,''
2010 edition, (including Errata (May 20, 2011)), (MSS SP-44), IBR
approved for Sec. 192.147(a).
(2) [Reserved]
(g) NACE International (NACE), 1440 South Creek Drive, Houston, TX
77084: phone: 281-228-6223 or 800-797-6223, Web site: https://www.nace.org/Publications/.
(1) ANSI/NACE SP0502-2010, Standard Practice, ``Pipeline External
Corrosion Direct Assessment Methodology,'' revised June 24, 2010, (NACE
SP0502), IBR approved for Sec. Sec. 192.923(b); 192.925(b);
192.931(d); 192.935(b) and 192.939(a).
(2) [Reserved]
(h) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, Massachusetts 02169, phone: 1 617 984-7275, Web site:
https://www.nfpa.org/.
(1) NFPA-30 (2012), ``Flammable and Combustible Liquids Code,''
2012 edition, June 20, 2011, including Errata 30-12-1 (September 27,
2011) and Errata 30-12-2 (November 14, 2011), (NFPA-30), IBR approved
for Sec. 192.735(b).
(2) NFPA-58 (2004), ``Liquefied Petroleum Gas Code (LP-Gas Code),''
(NFPA-58), IBR approved for Sec. 192.11(a), (b), and (c).
(3) NFPA-59 (2004), ``Utility LP-Gas Plant Code,'' (NFPA-59), IBR
approved for Sec. 192.11(a), (b); and (c).
(4) NFPA-70 (2011), ``National Electrical Code,'' 2011 edition,
issued August 5, 2010, (NFPA-70), IBR approved for Sec. Sec.
192.163(e); and 192.189(c).
(i) Pipeline Research Council International, Inc. (PRCI), c/o
Technical Toolboxes, 3801 Kirby Drive, Suite 520, P.O. Box 980550,
Houston, TX 77098, phone: 713-630-0505, toll free: 866-866-6766, Web
site: https://www.ttoolboxes.com/. (Contract number PR-3-805.)
(1) AGA, Pipeline Research Committee Project, PR-3-805, ``A
Modified Criterion for Evaluating the Remaining Strength of Corroded
Pipe,'' (December 22, 1989), (PRCI PR-3-805 (R-STRENG)), IBR approved
for Sec. Sec. 192.485(c); 192.933(a) and (d).
(2) [Reserved]
(j) Plastics Pipe Institute, Inc. (PPI), 105 Decker Court, Suite
825 Irving TX 75062, phone: 469-499-1044, 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
4. In Sec. 192.11:
0
a. Amend paragraph (a) by removing the term ``ANSI/NFPA 58 and 59'' and
adding in its place the term ``NFPA 58 and 59 (incorporated by
reference, see Sec. 192.7)''.
0
b. Amend paragraph (c) by removing the term ``ANSI/NFPA 58 and 59,
ANSI/NFPA 58 and 59'' and adding in its place the term ``NFPA 58 and 59
(incorporated by reference, see Sec. 192.7), NFPA 58 and 59''.
Sec. 192.55 [Amended]
0
5. In Sec. 192.55, amend paragraph (e) by removing the term ``API
Specification 5L'' and adding in its place the term ``API Spec 5L
``(incorporated by reference, see Sec. 192.7)''.
0
6. In Sec. 192.59, paragraph (d) is added to read as follows:
Sec. 192.59 Plastic pipe.
* * * * *
(d) Rework and/or regrind material is not allowed in plastic pipe
produced after March 6, 2015 used under this part.
0
7. In Sec. 192.63, paragraph (a)(1) is revised to read as follows:
Sec. 192.63 Marking of materials.
(a) * * *
(1) As prescribed in the specification or standard to which it was
manufactured, except that thermoplastic pipe and fittings made of
plastic materials other than polyethylene must be marked in accordance
with ASTM D2513-87 (incorporated by reference, see Sec. 192.7);
* * * * *
0
8. Amend Sec. 192.65 as follows:
0
a. In paragraph (a)(1), remove the term ``API Recommended Practice
5L1'' and add in its place the term ``API RP 5L1''.
0
b. In paragraph (b), remove the term ``API Recommended Practice 5LW''
and add in its place the term ``API RP 5LW''.
0
c. Add a new paragraph (c) to read as follows:
Sec. 192.65 Transportation of pipe.
* * * * *
(c) Truck. In a pipeline to be operated at a hoop stress of 20
percent or more of SMYS, an operator may not use pipe having an outer
diameter to wall thickness ratio of 70 to 1, or more, that is
transported by truck unless the transportation is performed in
accordance with API RP 5LT (incorporated by reference, see Sec.
192.7).
Sec. 192.112 [Amended]
0
9. Amend Sec. 192.112:
0
a. In paragraphs (a)(4), (b)(1)(i), (b)(1)(iii), (d)(1), and (e)(1) by
removing the term ``API Specification 5L'' and adding in its place the
term ``API Spec 5L''.
0
b. In paragraph (c)(2)(i) by removing the term, ``API 5L'' and adding
in its place the term ``API Spec 5L''.
Sec. 192.113 [Amended]
0
10. In the Table of Sec. 192.113, remove the term ``API 5 L'' and add
in its place the term ``API Spec 5L''.
[[Page 181]]
Sec. 192.123 [Amended]
0
11. In Sec. 192.123, revise paragraph (e)(2) to read as follows:
Sec. 192.123 Design limitations for plastic pipe.
* * * * *
(e) * * *
(2) The material is a polyethylene (PE) pipe with the designation
code as specified within ASTM D2513-09a (incorporated by reference, see
Sec. 192.7);
* * * * *
Sec. 192.145 [Amended]
0
12. Amend Sec. 192.145 paragraph (a) by removing the term ``API 6D''
and adding in its place the term ``ANSI/API Spec 6D''.
Sec. 192.147 [Amended]
0
13. Amend Sec. 192.147 as follows:
0
a. In paragraph (a), remove the phrase ``ASME/ANSI B 16.5, MSS SP-44''
and add in its place the phrase ``ASME/ANSI B 16.5 and MSS SP-44
(incorporated by reference, see Sec. 192.7)''.
0
b. In paragraph (c), remove the term ``ASME/ANSI B16.1'' and add in its
place the term ``ASME/ANSI B16.1 (incorporated by reference, see Sec.
192.7)''.
0
14. In Sec. 192.153, revise paragraphs (a), (b), and (d) to read as
follows:
Sec. 192.153 Components fabricated by welding.
(a) Except for branch connections and assemblies of standard pipe
and fittings joined by circumferential welds, the design pressure of
each component fabricated by welding, whose strength cannot be
determined, must be established in accordance with paragraph UG-101 of
the ASME Boiler and Pressure Vessel Code (BPVC) (Section VIII, Division
1) (incorporated by reference, see Sec. 192.7).
(b) Each prefabricated unit that uses plate and longitudinal seams
must be designed, constructed, and tested in accordance with section 1
of the ASME BPVC (Section VIII, Division 1 or Section VIII, Division 2)
(incorporated by reference, see Sec. 192.7), except for the following:
* * * * *
(d) Except for flat closures designed in accordance with the ASME
BPVC (Section VIII, Division 1 or 2), flat closures and fish tails may
not be used on pipe that either operates at 100 p.s.i. (689 kPa) gage
or more, or is more than 3 inches in (76 millimeters) nominal diameter.
Sec. 192.163 [Amended]
0
15. Amend Sec. 192.163 paragraph (e) by removing the term ``National
Electrical Code, ANSI/NFPA 70'' and adding in its place ``NFPA-70''.
Sec. 192.165 [Amended]
0
16. Amend Sec. 192.165 paragraph (b)(3) by removing the term ``ASME
Boiler and Pressure Vessel Code'' and adding in its place the term
``ASME Boiler and Pressure Vessel Code (BPVC) (incorporated by
reference, see Sec. 192.7)''.
Sec. 192.177 [Amended]
0
17. Amend Sec. 192.177 paragraph (b)(1) by removing the term ``ASTM A
372/372'' and adding in its place the term ``ASTM A372/372M
(incorporated by reference, see Sec. 192.7)''.
Sec. 192.189 [Amended]
0
18. Amend Sec. 192.189 paragraph (c) by removing the reference ``ANSI/
NFPA 70'' and adding in its place the term ``NFPA-70 (incorporated by
reference, see Sec. 192.7)''.
Sec. 192.191 [Amended]
0
19. In Sec. 192.191, paragraph (b) is revised to read as follows:
Sec. 192.191 Design pressure of plastic fittings.
* * * * *
(b) Thermoplastic fittings for plastic pipe must conform to ASTM
D2513-99 for plastic materials other than polyethylene or ASTM D2513-
09a for polyethylene plastic materials.
Sec. 192.225 [Amended]
0
20. Amend Sec. 192.225, paragraph (a) is amended as follows:
0
a. Remove the term ``API 1104'' and add in its place the term ``API Std
1104''.
0
b. Remove the term ``ASME Boiler and Pressure Vessel Code, `Welding and
Brazing Qualifications''' and add in its place the term ``ASME Boiler
and Pressure Vessel Code (BPVC)''.
Sec. 192.227 [Amended]
0
21. In Sec. 192.227, paragraph (a) is amended as follows:
0
a. Remove the term ``API 1104'' and add in its place the term ``API Std
1104''.
0
b. Remove the term ``ASME Boiler and Pressure Vessel Code'' and add in
its place the term ``ASME Boiler and Pressure Vessel Code (BPVC)''.
Sec. 192.229 [Amended]
0
22. Amend Sec. 192.229 paragraph (c)(1) by removing the term ``API
Standard 1104'' and adding in its place the term ``API Std 1104''.
Sec. 192.241 [Amended]
0
23. Amend Sec. 192.241 paragraph (c) by removing the terms ``API
Standard 1104'' and ``API 1104'' and adding in their place the term
``API Std 1104''.
Sec. 192.281 [Amended]
0
24. Amend Sec. 192.281 paragraph (d)(1) by removing the term ``ASTM
Designation D 2517'' and adding in its place the term ``ASTM D 2517
(incorporated by reference, see Sec. 192.7)''.
0
25. Amend Sec. 192.283 as follows:
0
a. Revise paragraph (a)(1)(i) to read as set forth below.
0
b. Amend paragraph (a)(1)(iii) by removing the term ``ASTM Designation
F1055 (incorporated by reference, see Sec. 192.7)'' and adding in its
place the term ``ASTM F1055 (incorporated by reference, see Sec.
192.7)''.
Sec. 192.283 Plastic pipe: Qualifying joining procedures.
(a) * * *
(1) * * *
(i) In the case of thermoplastic pipe, paragraph 6.6 (Sustained
Pressure Test) or paragraph 6.7 (Minimum Hydrostatic Burst Test) of
ASTM D2513-99 for plastic materials other than polyethylene or ASTM
D2513-09a (incorporated by reference, see Sec. 192.7) for polyethylene
plastic materials;
* * * * *
Sec. 192.485 [Amended]
0
26. Amend Sec. 192.485 paragraph (c) as follows:
0
a. Remove the term ``ASME/ANSI B31G'' and add in its place the term
``ASME/ANSI B31G (incorporated by reference, see Sec. 192.7)''.
0
b. Remove the term ``AGA Pipeline Research Committee Project PR 3-805
(with RSTRENG disk)'' and add in its place the term ``PRCI PR 3-805 (R-
STRENG) (incorporated by reference, see Sec. 192.7)''.
Sec. 192.735 [Amended]
0
27. Amend Sec. 192.735 paragraph (b) by removing the term ``National
Fire Protection Association Standard No. 30'' and adding in its place
the term ``NFPA-30 (incorporated by reference, see Sec. 192.7)''.
Sec. 192.903 [Amended]
0
28. Amend the Note to Potential impact radius in Sec. 192.903 by
removing the term ``ASME/ANSI B31.8S-2001 (Supplement to ASME B31.8;
incorporated by reference, see Sec. 192.7)'' and adding in its place
the term
[[Page 182]]
``ASME/ANSI B31.8S (incorporated by reference, see Sec. 192.7)''.
0
29. In Sec. 192.923, paragraphs (a) and (b) are revised to read as
follows:
Sec. 192.923 How is direct assessment used and for what threats?
(a) General. An operator may use direct assessment either as a
primary assessment method or as a supplement to the other assessment
methods allowed under this subpart. An operator may only use direct
assessment as the primary assessment method to address the identified
threats of external corrosion (EC), internal corrosion (IC), and stress
corrosion cracking (SCC).
(b) Primary method. An operator using direct assessment as a
primary assessment method must have a plan that complies with the
requirements in--
(1) Section 192.925 and ASME/ANSI B31.8S (incorporated by
reference, see Sec. 192.7) section 6.4, and NACE SP0502 (incorporated
by reference, see Sec. 192.7), if addressing external corrosion (EC).
(2) Section 192.927 and ASME/ANSI B31.8S (incorporated by
reference, see Sec. 192.7), section 6.4, appendix B2, if addressing
internal corrosion (IC).
(3) Section 192.929 and ASME/ANSI B31.8S (incorporated by
reference, see Sec. 192.7), appendix A3, if addressing stress
corrosion cracking (SCC).
* * * * *
0
30. In Sec. 192.933, revise paragraphs (a)(1) and (d)(1)(i) to read as
follows:
Sec. 192.933 What actions must be taken to address integrity issues?
(a) * * *
(1) Temporary pressure reduction. If an operator is unable to
respond within the time limits for certain conditions specified in this
section, the operator must temporarily reduce the operating pressure of
the pipeline or take other action that ensures the safety of the
covered segment. An operator must determine any temporary reduction in
operating pressure required by this section using ASME/ANSI B31G
(incorporated by reference, see Sec. 192.7); Pipeline Research
Council, International, PR-3-805 (R-STRENG) (incorporated by reference,
see Sec. 192.7); or by reducing the operating pressure to a level not
exceeding 80 percent of the level at the time the condition was
discovered. An operator must notify PHMSA in accordance with Sec.
192.949 if it cannot meet the schedule for evaluation and remediation
required under paragraph (c) of this section and cannot provide safety
through a temporary reduction in operating pressure or through another
action. An operator must also notify a State pipeline safety authority
when either a covered segment is located in a State where PHMSA has an
interstate agent agreement or an intrastate covered segment is
regulated by that State.
* * * * *
(d) * * *
(1) * * *
(i) A calculation of the remaining strength of the pipe shows a
predicted failure pressure less than or equal to 1.1 times the maximum
allowable operating pressure at the location of the anomaly. Suitable
remaining strength calculation methods include ASME/ANSI B31G
(incorporated by reference, see Sec. 192.7), PRCI PR-3-805 (R-STRENG)
(incorporated by reference, see Sec. 192.7), or an alternative
equivalent method of remaining strength calculation.
* * * * *
Sec. 192.939 [Amended]
0
31. Amend Sec. 192.939 paragraph (a)(1)(ii) by removing the term
``ASME/ANSI B31.8S'' and adding in its place the term ``ASME B31.8S
(incorporated by reference, see Sec. 192.7)''.
0
32. Amend Appendix B to Part 192 as follows:
0
a. Revise Part I to read as set forth below.
0
b. Amend the second paragraph of Part II.A, by removing the term ``ASTM
A53'' and adding in its place the term ``ASTM A53/A53M''.
APPENDIX B TO PART 192--QUALIFICATION OF PIPE
I. Listed Pipe Specifications
ANSI/API Specification 5L--Steel pipe, ``Specification for Line
Pipe'' (incorporated by reference, see Sec. 192.7).
ASTM A53/A53M--Steel pipe, ``Standard Specification for Pipe,
Steel Black and Hot-Dipped, Zinc-Coated, Welded and Seamless''
(incorporated by reference, see Sec. 192.7).
ASTM A106/A106M--Steel pipe, ``Standard Specification for
Seamless Carbon Steel Pipe for High Temperature Service''
(incorporated by reference, see Sec. 192.7).
ASTM A333/A333M--Steel pipe, ``Standard Specification for
Seamless and Welded Steel Pipe for Low Temperature Service''
(incorporated by reference, see Sec. 192.7).
ASTM A381--Steel pipe, ``Standard Specification for Metal-Arc-
Welded Steel Pipe for Use with High-Pressure Transmission Systems''
(incorporated by reference, see Sec. 192.7).
ASTM A671/A671M--Steel pipe, ``Standard Specification for
Electric-Fusion-Welded Pipe for Atmospheric and Lower Temperatures''
(incorporated by reference, see Sec. 192.7).
ASTM A672/672M--Steel pipe, ``Standard Specification for
Electric-Fusion-Welded Steel Pipe for High-Pressure Service at
Moderate Temperatures'' (incorporated by reference, see Sec.
192.7).
ASTM A691/A691M--Steel pipe, ``Standard Specification for Carbon
and Alloy Steel Pipe, Electric-Fusion-Welded for High Pressure
Service at High Temperatures'' (incorporated by reference, see Sec.
192.7).
ASTM D2513-99, ``Standard Specification for Thermoplastic Gas
Pressure Pipe, Tubing, and Fittings,'' (incorporated by reference,
see Sec. 192.7).
ASTM D2513-09a--Polyethylene thermoplastic pipe and tubing,
``Standard Specification for Polyethylene (PE) gas Pressure Pipe,
Tubing, and Fittings'', (incorporated by reference, see Sec.
192.7).
ASTM D2517--Thermosetting plastic pipe and tubing, ``Standard
Specification for Reinforced Epoxy Resin Gas Pressure Pipe and
Fittings'' (incorporated by reference, see Sec. 192.7).
* * * * *
PART 193--LIQUEFIED NATURAL GAS FACILITIES: FEDERAL SAFETY
STANDARDS
0
33. The authority citation for Part 193 continues to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60103, 60104, 60108, 60109,
60110, 60113, 60118; and 49 CFR 1.53.
Sec. Sec. 193.2019, 193.2051, 193.2057, 193.2301, 193.2303, 193.2401,
193.2521, 193.2639, 193.2639, and 193.2801 [Amended]
0
34. In 49 CFR part 193, remove the term ``NFPA 59A'' and add in its
place ``NFPA-59A-2001'' everywhere it appears in the following
sections:
0
a. Section 193.2019(a);
0
b. Section 193.2051;
0
c. Section 193.2057, introductory text;
0
f. Section 193.2301;
0
g. Section 193.2303;
0
h. Section 193.2401;
0
i. Section 193.2521;
0
j. Section 193.2639(a); and
0
k. Section 193.2801.
0
35. Section 193.2013 is revised to read as follows:
Sec. 193.2013 What documents are incorporated by reference partly or
wholly in this part?
(a) This part prescribes standards, or portions thereof,
incorporated by reference into this part with the approval of the
Director of the Federal Register in 5 U.S.C. 552(a) and 1 CFR part 51.
The materials listed in this section have the full force of law. To
enforce any edition other than that specified in this section, PHMSA
must publish a notice of change in the Federal Register.
(1) Availability of standards incorporated by reference. All of the
materials incorporated by reference are available for inspection from
several sources, including the following:
(i) The Office of Pipeline Safety, Pipeline and Hazardous Materials
Safety
[[Page 183]]
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. For
more information contact 202-366-4046 or go to the PHMSA Web site at:
https://www.phmsa.dot.gov/pipeline/regs.
(ii) The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to the NARA Web site at: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(iii) Copies of standards incorporated by reference in this part
can also be purchased or are otherwise made available from the
respective standards-developing organization at the addresses provided
in the centralized IBR section below.
(b) American Gas Association (AGA), 400 North Capitol Street NW.,
Washington, DC 20001, and phone: 202-824-7000, Web site: https://www.aga.org/.
(1) American Gas Association, ``Purging Principles and Practices,''
3rd edition, June 2001, (Purging Principles and Practices), IBR
approved for Sec. Sec. 193.2513(b) and (c), 193.2517, and 193.2615(a).
(2) [Reserved]
(c) American Petroleum Institute (API), 1220 L Street NW.,
Washington, DC 20005, and phone: 202-682-8000, Web site: https://api.org/.
(1) API Standard 620, ``Design and Construction of Large, Welded,
Low-pressure Storage Tanks,'' 11th edition, February 2008 (including
addendum 1 (March 2009), addendum 2 (August 2010), and addendum 3
(March 2012)), (API Std 620), IBR approved for Sec. Sec. 193.2101(b);
193.2321(b).
(2) [Reserved]
(d) American Society of Civil Engineers (ASCE), 1801 Alexander Bell
Drive, Reston, VA 20191, (800) 548-2723, 703 295-6300 (international),
Web site: https://www.asce.org.
(1) ASCE/SEI 7-05, ``Minimum Design Loads for Buildings and Other
Structures'' 2005 edition (including supplement No. 1 and Errata),
(ASCE/SEI 7-05), IBR approved for Sec. 193.2067(b).
(2) [Reserved]
(e) ASME International (ASME), Three Park Avenue, New York, NY
10016. 800-843-2763 (U.S/Canada), Web site: 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, Web site: www.gastechnology.org.
(1) GRI-96/0396.5, ``Evaluation of Mitigation Methods for
Accidental LNG Releases, Volume 5: Using FEM3A for LNG Accident
Consequence Analyses,'' April 1997, (GRI-96/0396.5), IBR approved for
Sec. 193.2059(a).
(2) GTI-04/0032 LNGFIRE3: ``A Thermal Radiation Model for LNG
Fires'' March 2004, (GTI-04/0032 LNGFIRE3), IBR approved for Sec.
193.2057(a).
(3) GTI-04/0049 ``LNG Vapor Dispersion Prediction with the DEGADIS
2.1: Dense Gas Dispersion Model for LNG Vapor Dispersion,'' April 2004,
(GTI-04/0049), IBR approved for Sec. 193.2059(a).
(g) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA, 02169 phone: 617-984-7275, Web site: 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(a), 193.2051, 193.2057, 193.2059
introductory text and (c), 193.2101(a), 193.2301, 193.2303, 193.2401,
193.2521, 193.2639(a), and 193.2801.
(2) NFPA 59A (2006), ``Standard for the Production, Storage, and
Handling of Liquefied Natural Gas (LNG),'' 2006 edition, approved
August 18, 2005, (NFPA-59A-2006), IBR approved for Sec. Sec.
193.2101(b) and 193.2321(b).
Sec. 193.2059 [Amended]
0
36. Amend Sec. 193.2059 as follows:
0
a. Amend the introductory text by removing the term ``NFPA 59A'' and
adding in its place the term ``NFPA-59A-2001''.
0
b. Amend paragraph (a) by removing the words ``Gas Research Institute
report GRI-89/0242 (incorporated by reference, see Sec. 193.2013),
``LNG Vapor Dispersion Prediction with the DEGADIS Dense Gas Dispersion
Model'''' and adding, in its place, ``GTI-04/0049, ``LNG Vapor
Dispersion Prediction with the DEGADIS 2.1 Dense Gas Dispersion
Model'''' (incorporated by reference, see Sec. 193.2013)''.
0
c. Amend paragraph (c) by removing the term ``NFPA 59A'' and adding in
its place the term ``NFPA-59A-2001''.
Sec. 193.2067 [Amended]
0
37. Amend Sec. 193.2067 paragraph (b)(1) by removing the term ``ASCE/
SEI 7-05'' and adding in its place the term ``ASCE/SEI 7''.
Sec. 193.2101 [Amended]
0
38. Revise Sec. 193.2101 to read as follows:
Sec. 193.2101 Scope.
(a) Each LNG facility designed after March 31, 2000 must comply
with the requirements of this part and of NFPA-59A-2001 (incorporated
by reference, see Sec. 193.2013). If there is a conflict between this
Part and NFPA-59A-2001, the requirements in this part prevail.
(b) Each stationary LNG storage tank must comply with Section 7.2.2
of NFPA-59A-2006 (incorporated by reference, see Sec. 193.2013) for
seismic design of field fabricated tanks. All other LNG storage tanks
must comply with API Std-620 (incorporated by reference, see Sec.
193.2013) for seismic design.
0
39. In Sec. 193.2321, revise paragraphs (a), (b)(1), and (b)(2) to
read as follows:
Sec. 193.2321 Nondestructive tests.
(a) The butt welds in metal shells of storage tanks with internal
design pressure above 15 psig must be nondestructively examined in
accordance with the ASME Boiler and Pressure Vessel Code (BPVC)
(Section VIII, Division 1)(incorporated by reference, see Sec.
193.2013), except that 100 percent of welds that are both longitudinal
(or meridional) and circumferential (or latitudinal) of hydraulic load
bearing shells with curved surfaces that are subject to cryogenic
temperatures must be nondestructively examined in accordance with the
ASME BPVC (Section VIII, Division 1).
(b) * * *
(1) Section 7.3.1.2 of NFPA Std-59A-2006, (incorporated by
reference, see Sec. 193. 2012);
(2) Appendices C and Q of API Std 620, (incorporated by reference,
see Sec. 193.2013);
* * * * *
Sec. 193.2513 [Amended]
0
40. Amend Sec. 193.2513, paragraphs (b)(1) and (c)(5), by removing the
words ``AGA ``Purging Principles and Practice'''' and adding, in its
place, ``Purging Principles and Practices (incorporated by reference,
see Sec. 193.2013)''.
Sec. 193.2517 [Amended]
0
41. Amend Sec. 193.2517 by removing the words ``AGA ``Purging
Principles and Practice'''' and adding, in its place, ``Purging
Principles and Practices (incorporated by reference, see Sec.
193.2013)''.
[[Page 184]]
Sec. 193.2615 [Amended]
0
42. Amend Sec. 193.2615(a) by removing the words ``AGA ``Purging
Principles and Practice'''' and adding, in its place, ``Purging
Principles and Practices (incorporated by reference, see Sec.
193.2013)''.
PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
0
43. The authority citation for Part 195 continues to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60116,
60118 and 60137; and 49 CFR 1.53.
Sec. Sec. 195.5, 195.406 [Amended]
0
44. Amend 49 CFR part 195 by removing the term ``ASME B31.8'' and
adding in its place the term ``ASME/ANSI B31.8 (incorporated by
reference, see Sec. 195.3)'' in the following sections.
0
a. Section 195.5 paragraph (a)(1)(i);
0
b. Section 195.406 paragraph (a)(1)(i).
0
45. Section 195.3 is revised to read as follows:
Sec. 195.3 What documents are incorporated by reference partly or
wholly in this part?
(a) This part prescribes standards, or portions thereof,
incorporated by reference into this part with the approval of the
Director of the Federal Register in 5 U.S.C. 552(a) and 1 CFR part 51.
The materials listed in this section have the full force of law. To
enforce any edition other than that specified in this section, PHMSA
must publish a notice of change in the Federal Register.
(1) Availability of standards incorporated by reference. All of the
materials incorporated by reference are available for inspection from
several sources, including the following:
(i) The Office of Pipeline Safety, Pipeline and Hazardous Materials
Safety Administration, 1200 New Jersey Avenue SE., Washington, DC
20590. For more information contact 202-366-4046 or go to the PHMSA Web
site at: https://www.phmsa.dot.gov/pipeline/regs.
(ii) The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030 or go to the NARA Web site at: https://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
(iii) Copies of standards incorporated by reference in this part
can also be purchased from the respective standards-developing
organization at the addresses provided in the centralized IBR section
below.
(b) American Petroleum Institute (API), 1220 L Street NW.,
Washington, DC 20005, and phone: 202-682-8000, Web site: 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,'' First edition, March 12, 2012, (API RP
5LT), IBR approved for Sec. 195.207(c).
(4) API Recommended Practice 5LW, ``Recommended Practice
Transportation of Line Pipe on Barges and Marine Vessels,'' 3rd
edition, September 2009, (API RP 5LW), IBR approved for Sec.
195.207(b).
(5) ANSI/API Recommended Practice 651, ``Cathodic Protection of
Aboveground Petroleum Storage Tanks,'' 3rd edition, January 2007,
(ANSI/API RP 651), IBR approved for Sec. Sec. 195.565 and 195.573(d).
(6) ANSI/API Recommended Practice 652, ``Linings of Aboveground
Petroleum Storage Tank Bottoms,'' 3rd edition, October 2005, (API RP
652), IBR approved for Sec. 195.579(d).
(7) API Recommended Practice 1130, ``Computational Pipeline
Monitoring for Liquids: Pipeline Segment,'' 3rd edition, September
2007, (API RP 1130), IBR approved for Sec. Sec. 195.134 and 195.444.
(8) API Recommended Practice 1162, ``Public Awareness Programs for
Pipeline Operators,'' 1st edition, December 2003, (API RP 1162), IBR
approved for Sec. 195.440(a), (b), and (c).
(9) API Recommended Practice 1165, ``Recommended Practice for
Pipeline SCADA Displays,'' First edition, January 2007, (API RP 1165),
IBR approved for Sec. 195.446(c).
(10) API Recommended Practice 1168, ``Pipeline Control Room
Management,'' First edition, September 2008, (API RP 1168), IBR
approved for Sec. 195.446(c) and (f).
(11) API Recommended Practice 2003, ``Protection against Ignitions
Arising out of Static, Lightning, and Stray Currents,'' 7th edition,
January 2008, (API RP 2003), IBR approved for Sec. 195.405(a).
(12) API Recommended Practice 2350, ``Overfill Protection for
Storage Tanks in Petroleum Facilities,'' 3rd edition, January 2005,
(API RP 2350), IBR approved for Sec. 195.428(c).
(13) API Specification 5L, ``Specification for Line Pipe,'' 45th
edition, effective July 1, 2013, (ANSI/API Spec 5L), IBR approved for
Sec. 195.106(b) and (e).
(14) ANSI/API Specification 6D, ``Specification for Pipeline
Valves,'' 23rd edition, effective October 1, 2008, (including Errata 1
(June 2008), Errata 2 (November 2008), Errata 3 (February 2009), Errata
4 (April 2010), Errata 5 (November 2010), and Errata 6 (August 2011);
Addendum 1 (October 2009), Addendum 2 (August 2011), and Addendum 3
(October 2012)); (ANSI/API Spec 6D), IBR approved for Sec. 195.116(d).
(15) API Specification 12F, ``Specification for Shop Welded Tanks
for Storage of Production Liquids,'' 12th edition, October 2008,
effective April 1, 2009, (API Spec 12F), IBR approved for Sec. Sec.
195.132(b); 195.205(b); 195.264(b) and (e); 195.307(a); 195.565;
195.579(d).
(16) API Standard 510, ``Pressure Vessel Inspection Code: In-
Service Inspection, Rating, Repair, and Alteration,'' 9th edition, June
2006, (API Std 510), IBR approved for Sec. Sec. 195.205(b);
195.432(c).
(17) API Standard 620, ``Design and Construction of Large, Welded,
Low-Pressure Storage Tanks,'' 11th edition February 2008 (including
addendum 1 (March 2009), addendum 2 (August 2010), and addendum 3
(March 2012)), (API Std 620), IBR approved for Sec. Sec. 195.132(b);
195.205(b); 195.264(b) and (e); 195.307(b); 195.565, 195.579(d).
(18) API Standard 650, ``Welded Steel Tanks for Oil Storage,'' 11th
edition, June 2007, effective February 1, 2012, (including addendum 1
(November 2008), addendum 2 (November 2009), addendum 3 (August 2011),
and errata (October 2011)), (API Std 650), IBR approved for Sec. Sec.
195.132(b); 195.205(b); 195.264(b), (e); 195.307(c) and (d); 195.565;
195.579(d).
(19) API Standard 653, ``Tank Inspection, Repair, Alteration, and
Reconstruction,'' 3rd edition, December 2001, (including addendum 1
(September 2003), addendum 2 (November 2005), addendum 3 (February
2008), and errata (April 2008)), (API Std 653), IBR approved for
Sec. Sec. 195.205(b), 195.307(d), and 195.432(b).
(20) API Standard 1104, ``Welding of Pipelines and Related
Facilities,'' 20th edition, October 2005, (including errata/addendum
(July 2007) and errata 2 (2008), (API Std 1104)), IBR approved for
Sec. Sec. 195.214(a), 195.222(a) and (b), 195.228(b).
(21) ANSI/API Standard 2000, ``Venting Atmospheric and Low-pressure
Storage Tanks,'' 6th edition, November 2009, (ANSI/API Std 2000), IBR
approved for Sec. 195.264(e).
[[Page 185]]
(22) API Standard 2510, ``Design and Construction of LPG
Installations,'' 8th edition, 2001, (API Std 2510), IBR approved for
Sec. Sec. 195.132(b), 195.205(b), 195.264 (b), (e); 195.307 (e),
195.428 (c); and 195.432 (c).
(c) ASME International (ASME), Two Park Avenue, New York, NY 10016,
800-843-2763 (U.S/Canada), Web site: 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,'' 2004, (ASME/ANSI B31G),
IBR approved for Sec. Sec. 195.452(h); and 195.587.
(3) ASME/ANSI B31.4-2006, ``Pipeline Transportation Systems for
Liquid Hydrocarbons and Other Liquids'' October 20, 2006, (ASME/ANSI
B31.4), IBR approved for Sec. Sec. 195.110(a); 195.452(h).
(4) ASME/ANSI B31.8-2007, ``Gas Transmission and Distribution
Piping Systems,'' November 30, 2007, (ASME/ANSI B31.8), IBR approved
for Sec. Sec. 195.5(a) and 195.406(a).
(5) ASME Boiler & Pressure Vessel Code, Section VIII, Division 1,
``Rules for Construction of Pressure Vessels,'' 2007 edition, July 1,
2007, (ASME BPVC, Section VIII, Division 1), IBR approved for
Sec. Sec. 195.124 and 195.307(e).
(6) ASME Boiler & Pressure Vessel Code, Section VIII, Division 2,
``Alternate Rules, Rules for Construction of Pressure Vessels,'' 2007
edition, July 1, 2007, (ASME BPVC, Section VIII, Division 2), IBR
approved for Sec. 195.307(e).
(7) ASME Boiler & Pressure Vessel Code, Section IX: ``Qualification
Standard for Welding and Brazing Procedures, Welders, Brazers, and
Welding and Brazing Operators,'' 2007 edition, July 1, 2007, (ASME
BPVC, Section IX), IBR approved for Sec. 195.222(a).
(d) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, P.O. Box C700, West Conshohocken, PA 119428, phone: 610-
832-9585, Web site: https://www.astm.org/.
(1) ASTM A53/A53M-10, ``Standard Specification for Pipe, Steel,
Black and Hot-Dipped, Zinc-Coated, Welded and Seamless,'' approved
October 1, 2010, (ASTM A53/A53M), IBR approved for Sec. 195.106(e).
(2) ASTM A106/A106M-10, ``Standard Specification for Seamless
Carbon Steel Pipe for High-Temperature Service,'' approved April 1,
2010, (ASTM A106/A106M), IBR approved for Sec. 195.106(e).
(3) ASTM A333/A333M-11, ``Standard Specification for Seamless and
Welded Steel Pipe for Low-Temperature Service,'' approved April 1,
2011, (ASTM A333/A333M), IBR approved for Sec. 195.106(e).
(4) ASTM A381-96 (Reapproved 2005), ``Standard Specification for
Metal-Arc Welded Steel Pipe for Use with High-Pressure Transmission
Systems,'' approved October 1, 2005, (ASTM A381), IBR approved for
Sec. 195.106(e).
(5) ASTM A671/A671M-10, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures,''
approved April 1, 2010, (ASTM A671/A671M), IBR approved for Sec.
195.106(e).
(6) ASTM A672/A672M-09, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate
Temperatures,'' approved October 1, 2009, (ASTM A672/A672M), IBR
approved for Sec. 195.106(e).
(7) ASTM A691/A691M-09, ``Standard Specification for Carbon and
Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure Service at
High Temperatures,'' approved October 1, 2009, (ASTM A691), IBR
approved for Sec. 195.106(e).
(e) Manufacturers Standardization Society of the Valve and Fittings
Industry, Inc. (MSS), 127 Park St. NE., Vienna, VA 22180, phone: 703-
281-6613, Web site: https://www.mss-hq.org/.
(1) MSS SP-75-2008 Standard Practice, ``Specification for High-
Test, Wrought, Butt-Welding Fittings,'' 2008 edition, (MSS SP 75), IBR
approved for Sec. 195.118(a).
(2) [Reserved]
(f) NACE International (NACE), 1440 South Creek Drive, Houston, TX
77084, phone: 281-228-6223 or 800-797-6223, Web site: 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) ANSI/NACE SP0502-2010, Standard Practice, ``Pipeline External
Corrosion Direct Assessment Methodology,'' June 24, 2010, (NACE
SP0502), IBR approved for Sec. 195.588(b).
(g) National Fire Protection Association (NFPA), 1 Batterymarch
Park, Quincy, MA 02169, phone: 617-984-7275, Web site: https://www.nfpa.org/.
(1) NFPA-30 (2012), ``Flammable and Combustible Liquids Code,''
including Errata 30-12-1 (9/27/11), and Errata 30-12-2 (11/14/11), 2012
edition, copyright 2011, (NFPA-30), IBR approved for Sec. 195.264(b).
(2) [Reserved]
(h) Pipeline Research Council International, Inc. (PRCI), c/o
Technical Toolboxes, 3801 Kirby Drive, Suite 520, P.O. Box 980550,
Houston, TX 77098, phone: 713-630-0505, toll free: 866-866-6766, Web
site: https://www.ttoolboxes.com/.
(1) AGA Pipeline Research Committee, Project PR-3-805 ``A Modified
Criterion for Evaluating the Remaining Strength of Corroded Pipe,''
December 22, 1989, (PR-3-805 (RSTRING)). IBR approved for Sec. Sec.
195.452(h); 195.587.
(2) [Reserved]
0
46. Amend Sec. 195.106 as follows:
0
a. In paragraph (b)(1)(i), remove the term ``API Specification 5L'' and
add in its place the term ``ANSI/API Spec 5L (incorporated by
reference, see Sec. 195.3)''.
0
b. Revise paragraph (e) to read as follows:
Sec. 195.106 Internal design pressure.
* * * * *
(e)(1) The seam joint factor used in paragraph (a) of this section
is determined in accordance with the following standards incorporated
by reference (see Sec. 195.3):
------------------------------------------------------------------------
Seam joint
Specification Pipe class factor
------------------------------------------------------------------------
ASTM A53/A53M.................... Seamless................ 1.00
Electric resistance 1.00
welded.
Furnace lap welded...... 0.80
Furnace butt welded..... 0.60
ASTM A106/A106M.................. Seamless................ 1.00
ASTM A333/A333M.................. Seamless................ 1.00
Welded.................. 1.00
[[Page 186]]
ASTM A381........................ Double submerged arc 1.00
welded.
ASTM A671/A671M.................. Electric-fusion-welded.. 1.00
ASTM A672/A672M.................. Electric-fusion-welded.. 1.00
ASTM A691/A691M.................. Electric-fusion-welded.. 1.00
ANSI/API Spec 5L................. Seamless................ 1.00
Electric resistance 1.00
welded.
Electric flash welded... 1.00
Submerged arc welded.... 1.00
Furnace lap welded...... 0.80
Furnace butt welded..... 0.60
------------------------------------------------------------------------
(2) The seam joint factor for pipe that is not covered by this
paragraph must be approved by the Administrator.
Sec. 195.116 [Amended]
0
47. Amend Sec. 195.116 (d) by removing the term ``API Standard 6D''
and adding in its place the term ``ANSI/API Spec 6D''.
Sec. 195.118 [Amended]
0
48. Amend Sec. 195.118 paragraph (a) by removing the term ``ASME/ANSI
B16.9 or MSS Standard Practice SP-75'' and adding in its place the term
``ASME/ANSI B16.9 or MSS SP-75 (incorporated by reference, see Sec.
195.3)''.
0
49. Section 195.124 is revised to read as follows:
Sec. 195.124 Closures.
Each closure to be installed in a pipeline system must comply with
the 2007 ASME Boiler and Pressure Vessel Code (BPVC) (Section VIII,
Division 1) (incorporated by reference, see Sec. 195.3) and must have
pressure and temperature ratings at least equal to those of the pipe to
which the closure is attached.
Sec. 195.132 [Amended]
0
50. Amend Sec. 195.132 as follows:
0
a. Amend paragraph (b)(1) by removing the term ``API Specification
12F'' and adding in its place ``API Spec 12F (incorporated by
reference, see Sec. 195.3)''.
0
b. Amend paragraph (b)(2) by removing the term ``API Standard 620'' and
adding in its place ``API Std 620 (incorporated by reference, see Sec.
195.3)''.
0
c. Amend paragraph (b)(3) by removing the term ``API Standard 650'' and
adding in its place ``API Std 650 (incorporated by reference, see Sec.
195.3)''.
0
d. Amend paragraph (b)(4) by removing the term ``API Standard 2510''
and adding in its place ``API Std 2510 (incorporated by reference, see
Sec. 195.3)''.
Sec. 195.134 [Amended]
0
51. Amend Sec. 195.134 by removing the term ``API 1130'' and adding in
its place ``API RP 1130 (incorporated by reference, see Sec. 195.3)''
the first instance and ``API RP 1130'' the second instance.
0
52. In 195.205, paragraph (b) is revised to read as follows:
Sec. 195.205 Repair, alteration and reconstruction of aboveground
breakout tanks that have been in service.
* * * * *
(b) After October 2, 2000, compliance with paragraph (a) of this
section requires the following:
(1) For tanks designed for approximate atmospheric pressure,
constructed of carbon and low alloy steel, welded or riveted, and non-
refrigerated; and for tanks built to API Std 650 (incorporated by
reference, see Sec. 195.3) or its predecessor Standard 12C; repair,
alteration; and reconstruction must be in accordance with API Std 653
(except section 6.4.3) (incorporated by reference, see Sec. 195.3).
(2) For tanks built to API Spec 12F (incorporated by reference, see
Sec. 195.3) or API Std 620 (incorporated by reference, see Sec.
195.3), repair, alteration, and reconstruction must be in accordance
with the design, welding, examination, and material requirements of
those respective standards.
(3) For high-pressure tanks built to API Std 2510 (incorporated by
reference, see Sec. 195.3), repairs, alterations, and reconstruction
must be in accordance with API Std 510 (incorporated by reference, see
Sec. 195.3).
0
53. Amend Sec. 195.207 as follows:
0
a. In paragraph (a), remove the term ``API Recommended Practice 5L1''
and add in its place the term ``API RP 5L1.''
0
b. In paragraph (b), remove the term ``API Recommended Practice 5LW''
and add in its place the term ``API RP 5LW.''
0
c. Add a new paragraph (c) to read as set forth below:
Sec. 195.207 Transportation of pipe.
* * * * *
(c) Truck. In a pipeline to be operated at a hoop stress of 20
percent or more of SMYS, an operator may not use pipe having an outer
diameter to wall thickness ratio of 70 to 1, or more, that is
transported by truck unless the transportation is performed in
accordance with API RP 5LT (incorporated by reference, see Sec.
195.3).
0
54. In Sec. 195.214, revise paragraph (a) to read as follows:
Sec. 195.214 Welding procedures.
(a) Welding must be performed by a qualified welder in accordance
with welding procedures qualified under Section 5 of API Std 1104 or
Section IX of the ASME Boiler and Pressure Vessel Code (ASME BPVC)
(incorporated by reference, see Sec. 195.3). The quality of the test
welds used to qualify the welding procedure shall be determined by
destructive testing.
* * * * *
0
55. In Sec. 195.222, revise the section heading and paragraphs (a) and
(b)(2) to read as follows:
Sec. 195.222 Welders: Qualification of welders and welding operators.
(a) Each welder or welding operator must be qualified in accordance
with section 6 or 12 of API Std 1104 (incorporated by reference, see
Sec. 195.3) or with Section IX of ASME Boiler and Pressure Vessel Code
(BPVC) (incorporated by reference, see Sec. 195.3), except that a
welder qualified under an earlier edition than listed in Sec. 195.3
may weld but may not re-qualify under that earlier edition.
(b) * * *
(2) Had one weld tested and found acceptable under section 9 or
Appendix A of API Std 1104 (incorporated by reference, see Sec.
195.3).
Sec. 195.228 [Amended]
0
56. Amend Sec. 195.228(b) by removing the term ``API 1104'' and adding
in its place the term ``API Std 1104'' in two locations.
0
57. In Sec. 195.264, paragraphs (b)(1) and (2) and (e)(1) through (4)
are revised to read as follows:
[[Page 187]]
Sec. 195.264 Impoundment, protection against entry, normal/emergency
venting or pressure/vacuum relief, for aboveground breakout tanks.
* * * * *
(b) * * *
(1) For tanks built to API Spec 12F, API Std 620, and others (such
as API Std 650 (or its predecessor Standard 12C)), the installation of
impoundment must be in accordance with the following sections of NFPA-
30 (incorporated by reference, see Sec. 195.3);
(i) Impoundment around a breakout tank must be installed in
accordance with section 22.11.2; and
(ii) Impoundment by drainage to a remote impounding area must be
installed in accordance with section 22.11.1.
(2) For tanks built to API Std 2510 (incorporated by reference, see
Sec. 195.3), the installation of impoundment must be in accordance
with section 5 or 11 of API Std 2510.
* * * * *
(e) * * *
(1) Normal/emergency relief venting installed on atmospheric
pressure tanks built to API Spec 12F must be in accordance with section
4 and Appendices B and C of API Spec 12F (incorporated by reference,
see Sec. 195.3).
(2) Normal/emergency relief venting installed on atmospheric
pressure tanks (such as those built to API Std 650 or its predecessor
Standard 12C) must be in accordance with API Std 2000 (incorporated by
reference, see Sec. 195.3).
(3) Pressure-relieving and emergency vacuum-relieving devices
installed on low-pressure tanks built to API Std 620 must be in
accordance with Section 9 of API Std 620 (incorporated by reference,
see Sec. 195.3) and its references to the normal and emergency venting
requirements in API Std 2000 (incorporated by reference, see Sec.
195.3).
(4) Pressure and vacuum-relieving devices installed on high-
pressure tanks built to API Std 2510 must be in accordance with
sections 7 or 11 of API Std 2510 (incorporated by reference, see Sec.
195.3).
0
58. Section 195.307 is revised to read as follows:
Sec. 195.307 Pressure testing aboveground breakout tanks.
(a) For aboveground breakout tanks built to API Spec 12F
(incorporated by reference, see Sec. 195.3) and first placed in
service after October 2, 2000, pneumatic testing must be performed in
accordance with section 5.3 of API Spec 12 F.
(b) For aboveground breakout tanks built to API Std 620
(incorporated by reference, see Sec. 195.3) and first placed in
service after October 2, 2000, hydrostatic and pneumatic testing must
be performed in accordance with section 7.18 of API Std 620.
(c) For aboveground breakout tanks built to API Std 650
(incorporated by reference, see Sec. 195.3) and first placed in
service after October 2, 2000, testing must be performed in accordance
with Sections 7.3.5 and 7.3.6 of API Standard 650.
(d) For aboveground atmospheric pressure breakout tanks constructed
of carbon and low alloy steel, welded or riveted, and non-refrigerated;
and tanks that are returned to service after October 2, 2000, and are
built to API Std 650 (incorporated by reference, see Sec. 195.3) or
its predecessor Standard 12C; the necessity for the hydrostatic testing
of repair, alteration, and reconstruction is covered in Section 12.3 of
API Std 653.
(e) For aboveground breakout tanks built to API Std 2510
(incorporated by reference, see Sec. 195.3) and first placed in
service after October 2, 2000, pressure testing must be performed in
accordance with 2007 ASME Boiler and Pressure Vessel Code (BPVC)
(Section VIII, Division 1 or 2).
0
59. Section 195.405 is revised to read as follows:
Sec. 195.405 Protection against ignitions and safe access/egress
involving floating roofs.
(a) After October 2, 2000, protection provided against ignitions
arising out of static electricity, lightning, and stray currents during
operation and maintenance activities involving aboveground breakout
tanks must be in accordance with API RP 2003 (incorporated by
reference, see Sec. 195.3), unless the operator notes in the
procedural manual (Sec. 195.402(c)) why compliance with all or certain
provisions of API RP 2003 is not necessary for the safety of a
particular breakout tank.
(b) The hazards associated with access/egress onto floating roofs
of in-service aboveground breakout tanks to perform inspection,
service, maintenance, or repair activities (other than specified
general considerations, specified routine tasks or entering tanks
removed from service for cleaning) are addressed in API Pub 2026
(incorporated by reference, see Sec. 195.3). After October 2, 2000,
the operator must review and consider the potentially hazardous
conditions, safety practices, and procedures in API Pub 2026 for
inclusion in the procedure manual (Sec. 195.402(c)).
0
60. In Sec. 195.432, revise paragraphs (b) and (c) to read as follows:
Sec. 195.432 Inspection of in-service breakout tanks.
* * * * *
(b) Each operator must inspect the physical integrity of in-service
atmospheric and low-pressure steel above-ground breakout tanks
according to API Std 653 (except section 6.4.3, Alternative Internal
Inspection Interval) (incorporated by reference, see Sec. 195.3).
However, if structural conditions prevent access to the tank bottom,
its integrity may be assessed according to a plan included in the
operations and maintenance manual under Sec. 195.402(c)(3). The risk-
based internal inspection procedures in API Std 653, section 6.4.3
cannot be used to determine the internal inspection interval.
(1) Operators who established internal inspection intervals based
on risk-based inspection procedures prior to March 6, 2015 must re-
establish internal inspection intervals based on API Std 653, section
6.4.2 (incorporated by reference, see Sec. 195.3).
(i) If the internal inspection interval was determined by the prior
risk-based inspection procedure using API Std 653, section 6.4.3 and
the resulting calculation exceeded 20 years, and it has been more than
20 years since an internal inspection was performed, the operator must
complete a new internal inspection in accordance with Sec.
195.432(b)(1) by January 5, 2017.
(ii) If the internal inspection interval was determined by the
prior risk-based inspection procedure using API Std 653, section 6.4.3
and the resulting calculation was less than or equal to 20 years, and
the time since the most recent internal inspection exceeds the re-
established inspection interval in accordance with Sec. 195.432(b)(1),
the operator must complete a new internal inspection by January 5,
2017.
(iii) If the internal inspection interval was not based upon
current engineering and operational information (i.e., actual corrosion
rate of floor plates, actual remaining thickness of the floor plates,
etc.), the operator must complete a new internal inspection by January
5, 2017 and re-establish a new internal inspection interval in
accordance with Sec. 195.432(b)(1).
(2) [Reserved]
(c) Each operator must inspect the physical integrity of in-service
steel aboveground breakout tanks built to API Std 2510 (incorporated by
reference, see Sec. 195.3) according to section 6 of API Std 510
(incorporated by reference, see Sec. 195.3).
* * * * *
[[Page 188]]
Sec. 195.444 [Amended]
0
61. Amend Sec. 195.444 by removing the term ``API 1130'' and adding in
its place ``API RP 1130 (incorporated by reference, see Sec. 195.3).''
0
62. In Sec. 195.452, revise paragraphs (h)(4)(i)(B), (h)(4)(iii)(D),
and paragraph (l)(1) to read as follows:
Sec. 195.452 Pipeline integrity management in high consequence areas.
* * * * *
(h) * * *
(4) * * *
(i) * * *
(B) A calculation of the remaining strength of the pipe shows a
predicted burst pressure less than the established maximum operating
pressure at the location of the anomaly. Suitable remaining strength
calculation methods include, but are not limited to, ASME/ANSI B31G
(incorporated by reference, see Sec. 195.3) and PRCI PR-3-805 (R-
STRENG) (incorporated by reference, see Sec. 195.3).
* * * * *
(iii) * * *
(D) A calculation of the remaining strength of the pipe shows an
operating pressure that is less than the current established maximum
operating pressure at the location of the anomaly. Suitable remaining
strength calculation methods include, but are not limited to, ASME/ANSI
B31G and PRCI PR-3-805 (R-STRENG).
* * * * *
(l) What records must an operator keep to demonstrate compliance?--
(1) An operator must maintain, for the useful life of the pipeline,
records that demonstrate compliance with the requirements of this
subpart. At a minimum, an operator must maintain the following records
for review during an inspection:
(i) A written integrity management program in accordance with
paragraph (b) of this section.
(ii) Documents to support the decisions and analyses, including any
modifications, justifications, deviations and determinations made,
variances, and actions taken, to implement and evaluate each element of
the integrity management program listed in paragraph (f) of this
section.
* * * * *
0
63. Section 195.565 is revised to read as follows:
Sec. 195.565 How do I install cathodic protection on breakout tanks?
After October 2, 2000, when you install cathodic protection under
Sec. 195.563(a) to protect the bottom of an aboveground breakout tank
of more than 500 barrels 79.49m3 capacity built to API Spec 12F
(incorporated by reference, see Sec. 195.3), API Std 620 (incorporated
by reference, see Sec. 195.3), API Std 650 (incorporated by reference,
see Sec. 195.3), or API Std 650's predecessor, Standard 12C, you must
install the system in accordance with ANSI/API RP 651 (incorporated by
reference, see Sec. 195.3). However, you don't need to comply with
ANSI/API RP 651 when installing any tank for which you note in the
corrosion control procedures established under Sec. 195.402(c)(3) why
complying with all or certain provisions of ANSI/API RP 651 is not
necessary for the safety of the tank.
0
64. In Sec. 195.573, revise paragraph (d) to read as follows:
Sec. 195.573 What must I do to monitor external corrosion control?
* * * * *
(d) Breakout tanks. You must inspect each cathodic protection
system used to control corrosion on the bottom of an aboveground
breakout tank to ensure that operation and maintenance of the system
are in accordance with API RP 651 (incorporated by reference, see Sec.
195.3). However, this inspection is not required if you note in the
corrosion control procedures established under Sec. 195.402(c)(3) why
complying with all or certain operation and maintenance provisions of
API RP 651 is not necessary for the safety of the tank.
* * * * *
0
65. In Sec. 195.579, revise paragraph (d) to read as follows:
Sec. 195.579 What must I do to mitigate internal corrosion?
* * * * *
(d) Breakout tanks. After October 2, 2000, when you install a tank
bottom lining in an aboveground breakout tank built to API Spec 12F
(incorporated by reference, see Sec. 195.3), API Std 620 (incorporated
by reference, see Sec. 195.3), API Std 650 (incorporated by reference,
see Sec. 195.3), or API Std 650's predecessor, Standard 12C, you must
install the lining in accordance with API RP 652 (incorporated by
reference, see Sec. 195.3). However, you don't need to comply with API
RP 652 when installing any tank for which you note in the corrosion
control procedures established under Sec. 195.402(c)(3) why compliance
with all or certain provisions of API RP 652 is not necessary for the
safety of the tank.
0
66. Section 195.587 is revised to read as follows:
Sec. 195.587 What methods are available to determine the strength of
corroded pipe?
Under Sec. 195.585, you may use the procedure in ASME/ANSI B31G
(incorporated by reference, see Sec. 195.3) or in PRCI PR-3-805 (R-
STRENG) (incorporated by reference, see Sec. 195.3) to determine the
strength of corroded pipe based on actual remaining wall thickness.
These procedures apply to corroded regions that do not penetrate the
pipe wall, subject to the limitations set out in the respective
procedures.
PART 198--REGULATIONS FOR GRANTS TO AID STATE PIPELINE SAFETY
PROGRAMS
0
67. The authority citation for Part 198 continues to read as follows:
Authority: 49 U.S.C. 60105, 60106, 60114, and 49 CFR 1.53.
Sec. 198.37 [Amended]
0
68. Amend paragraph (f) by removing the phrase ``Sec. 192.614 (b)(4)
through (b)(6)'' and adding in its place ``Sec. 192.614 (c)(4) through
(c)(6).''
PART 199--DRUG AND ALCOHOL TESTING
0
69. The authority citation for Part 199 continues to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and
60118; and 49 CFR 1.53.
Sec. 199.111 [Removed and Reserved]
0
70. Remove and reserve Sec. 199.111.
Issued in Washington, DC, on December 18, 2014, under authority
delegated in 49 CFR 1.97(a).
Timothy P. Butters,
Acting Administrator.
[FR Doc. 2014-30336 Filed 1-2-15; 8:45 am]
BILLING CODE 4910-60-P