Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments, 33264-33284 [2024-08624]

Agencies

• Pipeline and Hazardous Materials Safety Administration
• DEPARTMENT OF TRANSPORTATION

[Federal Register Volume 89, Number 83 (Monday, April 29, 2024)]
[Rules and Regulations]
[Pages 33264-33284]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08624]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 192, and 195

[Docket No. PHMSA-2016-0002; Amdt. Nos. 192-135, 195-107]
RIN 2137-AF13


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

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: PHMSA is amending the Federal pipeline safety regulations 
(PSRs) to incorporate by reference all or parts of more than 20 new or 
updated voluntary, consensus industry technical

[[Page 33265]]

standards. This action allows pipeline operators to use current 
technologies, improved materials, and updated industry and management 
practices. Additionally, PHMSA is clarifying certain regulatory 
provisions and making several editorial corrections.

DATES: The effective date of this final rule is June 28, 2024. The 
incorporation by reference of certain publications listed in the rule 
is approved by the Director of the Federal Register as of June 28, 
2024.

FOR FURTHER INFORMATION CONTACT: 

    Technical Information: Rod Seeley by phone at 281 513-1741 or by 
email at [email protected].
    Regulatory Information: Brianna Wilson by phone at 771-215-0969 or 
by email at [email protected].

SUPPLEMENTARY INFORMATION:

I. Background
II. Notice of Proposed Rulemaking
III. Pipeline Advisory Committee Meetings
IV. Summary of Comments, GPAC/LPAC Discussion, and PHMSA Response
V. Summary of Final Rule
VI. Regulatory Analyses and Notices

I. Background

A. Purpose of This Rule

    This final rule incorporates by reference more than 20 new or 
updated voluntary, consensus industry technical standards (updated 
industry standards) within the PSRs (49 Code of Federal Regulation 
(CFR) parts 190-199). These updated standards will maintain or improve 
public safety and environmental protection, prevent regulatory 
confusion, reduce compliance burdens on stakeholders, and satisfy a 
mandate in the National Technology Transfer and Advancement Act (NTTAA) 
of 1995 (15 United States Code (U.S.C.) 272 (note)) directing Federal 
agencies to, ``when practical and consistent with applicable laws, use 
technical standards developed by voluntary consensus standard bodies 
instead of government-developed technical standards.''
    PHMSA incorporates more than 80 industry standards by reference 
into the PSRs; however, many standards become outdated over time as new 
editions become available. By updating these standards, PHMSA ensures 
better alignment of the PSRs with the latest innovations in operational 
and management practices, materials, testing, and technological 
advancements; enhances compliance by avoiding conflict between 
different versions of the same industry standards; and facilitates 
safety-focused allocation of resources by pipeline operators. PHMSA 
consequently concludes that each of the updated standards in this final 
rule will either maintain or enhance the protection of public safety 
and the environment--including avoidance of greenhouse gas emissions in 
the form of methane releases from gas pipelines. PHMSA further 
concludes that each of the final rule's updated standards are 
technically feasible, reasonable, cost-effective, and practicable 
because of their respective anticipated commercial, public safety, and 
environmental benefits; and because the benefits better support PHMSA's 
safety and environmental priorities compared to alternatives, thereby 
justifying any associated compliance costs.

B. History of Incorporation by Reference

    The Office of Management and Budget (OMB) sets the policy for 
Federal use and development of voluntary, consensus industry technical 
standards in OMB Circular A-119 (``Federal Participation in the 
Development and Use of Voluntary Consensus Standards and in Conformity 
Assessment Activities'').\1\ Material that is incorporated by reference 
(IBR) is treated as if it were published in full in the Federal 
Register and the PSRs. Therefore, like any other rule issued in the 
Federal Register, a voluntary, consensus industry technical standard 
that has been incorporated by reference has the full force and effect 
of the law. As specified in 1 CFR 51.1(c), the Director of the Federal 
Register has the authority to determine whether material that is 
proposed for IBR serves the public interest. If a provision of an 
incorporated standard conflicts with a regulation, the regulation takes 
precedence unless the regulation expressly provides otherwise.
---------------------------------------------------------------------------

    \1\ OMB, Circular No. A-119 (Feb. 10, 1998), available at: 
https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-119-1.pdf.
---------------------------------------------------------------------------

    PHMSA has incorporated more than 80 industry standards by reference 
into the PSRs. The lists of publications that PHMSA has incorporated 
into parts 192 (which regulates the transportation of gas by pipeline) 
and 195 (which regulates the transportation of hazardous liquids and 
carbon dioxide by pipeline) are found in Sec. Sec.  192.7 and 195.3, 
respectively. Previous rules that incorporated updated industry 
standards by reference were published on May 24, 1996 (61 FR 26121); 
February 17, 1998 (63 FR 7721); June 14, 2004 (69 FR 32886); June 9, 
2006 (71 FR 33402); February 1, 2007 (72 FR 4655 (correction)); August 
11, 2010 (75 FR 48593); January 5, 2015 (80 FR 168); and August 6, 2015 
(80 FR 46847 (correction)).\2\
---------------------------------------------------------------------------

    \2\ PHMSA is also pursuing another periodic standards update 
rulemaking (under RIN2137-AF48) in parallel with issuance of this 
final rule. See PHMSA, ``Pipeline Safety: Periodic Standards Update 
II--Proposed Rule,'' 87 FR 52713 (Aug. 29, 2022).
---------------------------------------------------------------------------

    The voluntary, consensus industry technical standards related to 
pipeline facilities that are incorporated within the PSRs are developed 
or adopted by domestic and international standard-development 
organizations (SDOs). Approximately every two to five years, these 
organizations use agreed-upon procedures to update and revise their 
published standards to reflect the latest developments in technology, 
testing, and operational practices. New or updated industry standards 
often incorporate new technologies, materials, management practices, 
and other innovations that can improve the physical integrity, and the 
safe and environmentally protective operation of pipeline facilities.
    PHMSA employees participate in meetings held by 25 domestic SDOs 
that address the design, construction, maintenance, inspection, 
operation, and repair of pipeline facilities. PHMSA's subject-matter 
experts represent the Agency in all dealings with the SDOs; participate 
in discussions and technical debates; register opinions; and vote in 
accordance with the procedures of the SDOs at each stage of the 
standards-development process (unless prohibited from doing so by law). 
PHMSA participates in this process to ensure the Agency's safety and 
environmental priorities are considered, and to avoid the need to 
develop separate, government-unique standards.
    PHMSA also regularly reviews updated editions of currently 
referenced industry standards and amends the PSRs to partially or fully 
incorporate updated standards that will enhance or maintain pipeline 
and environmental safety. This ensures that the PSRs incorporate and 
facilitate the use of the latest technologies, materials, management 
and operational practices, testing, and other innovations. The adoption 
of more recent editions of industry standards also prevents conflicts 
between the standards referenced in the PSRs and updated versions of 
the same standards with which operators and suppliers may voluntarily 
comply, thereby (1) avoiding the confusion and expense associated with 
ensuring compliance with competing versions of the same standard; and 
(2) improving compliance and allowing the allocation of more operator 
resources toward safety and

[[Page 33266]]

environmental protection. PHMSA reviewed the updated standards 
discussed in this final rule and finds them appropriate for IBR within 
the PSRs.

C. Availability of Materials to Interested Parties

    Pursuant to section 24 of the Pipeline Safety, Regulatory 
Certainty, and Job Creation Act of 2011 (Pub. L. 112-90, 49 U.S.C. 
60102(p), as amended), ``the Secretary may not issue a regulation 
pursuant to this chapter that incorporates any documents or portions 
thereof unless the documents or portions thereof are made available to 
the public, free of charge.'' On November 7, 2014, the Office of the 
Federal Register issued a final rule that revised 1 CFR 51.5 to require 
every Federal agency to ``[d]iscuss, in the preamble of the proposed 
rule, the ways that the materials it proposes to incorporate by 
reference are reasonably available to interested parties or how it 
worked to make those materials reasonably available to interested 
parties[.]'' \3\
---------------------------------------------------------------------------

    \3\ Office of the Federal Register, ``Incorporation by 
Reference--Final Rule,'' 79 FR 66267 (Nov. 7, 2014).
---------------------------------------------------------------------------

    PHMSA consequently has negotiated agreements to make viewable 
copies of the standards available to the public at no cost with all but 
two of the SDOs whose updated standards PHMSA now incorporates by 
reference in the PSRs in this final rule. The organizations that agreed 
to the public access requirements of the statutory mandate discussed 
above are: the American Petroleum Institute (API), the American Gas 
Association (AGA), ASTM International (formerly the American Society 
for Testing and Materials), the Gas Technology Institute (GTI), the 
Manufacturers Standardization Society of the Valve and Fittings 
Industry, Inc. (MSS), the Association for Materials Protection and 
Performance (AMPP), the National Fire Protection Association (NFPA), 
and the Plastics Pipe Institute (PPI).\4\ Each organization's mailing 
address and website is listed in 49 CFR parts 192 and 195. As of the 
date of publication of this final rule, PHMSA was not able to reach a 
general agreement with the American Society of Mechanical Engineers 
(ASME) to make the standards readily available online as ASME relies 
heavily on the revenue the standards generate.\5\ Individuals and 
organizations may temporarily access the ASME standards incorporated by 
reference in this final rule, as well as any other standard in this 
final rule that is not otherwise available from the relevant SDO, by 
contacting PHMSA at the following email address: 
[email protected]. Such requests should include a phone number, 
physical address, and an email address.
---------------------------------------------------------------------------

    \4\ ASTM updates some of its more widely used standards every 
year, and sometimes SDOs publish multiple editions of a standard in 
a given year. NACE International and the Society for Protective 
Coatings merged to form AMPP, which is why NACE standards are listed 
under AMPP.
    \5\ At the joint October 2021 GPAC/LPAC meeting, the committees 
raised concerns regarding the availability of ASME standards. The 
committees recommended PHMSA work with the pipeline advisory 
committees and other pipeline safety representatives to establish an 
agreement with ASME to provide viewable copies of the standards 
incorporated by reference in the PSRs permanently available on the 
internet for free to the general public. Joint Gas and Liquid 
Pipeline Advisory Committee Meeting Transcript, Docket No. PHMSA-
2021-0069-0005 at 86:2-11, (Oct. 21, 2021) (Joint GPAC/LPAC 
Transcript).
---------------------------------------------------------------------------

    The API standards incorporated in this final rule are available 
from the following website: https://publications.api.org/IBR-Documents-Under-Consideration.aspx.
    The ASTM standards incorporated in this final rule are available 
from the following website: https://www.astm.org/products-services/reading-room.html.
    The MSS standards incorporated in this final rule are available 
from the following website: https://ibr.ansi.org/standards/mss.aspx.
    The AMPP: NACE standards incorporated in this final rule are 
available from the following website: https://ibr.ansi.org/Standards/nace.aspx.
    Finally, the NFPA standards incorporated in this final rule are 
available from the following website: https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/List-of-Codes-and-Standards.
    In addition, the ASME standards incorporated in this final rule are 
available by contacting PHMSA at the following email address: 
[email protected].
    Additional information regarding standards availability can be 
found at https://www.phmsa.dot.gov/standards-rulemaking/pipeline/standards-incorporated-reference.

II. Notice of Proposed Rulemaking

    On January 15, 2021, PHMSA published a notice of proposed 
rulemaking to incorporate by reference new or updated editions of 
voluntary, consensus industry technical standards into the PSRs.\6\ 
PHMSA proposed to incorporate by reference all or parts of more than 20 
updated industry standards and make editorial corrections to certain 
regulations. The NPRM described with respect to each proposed industry 
standard (1) the provisions within the PSR in which it is incorporated 
by reference; (2) how each such standard contributed to pipeline safety 
or environmental protection; and (3) if the standard was an update to a 
standard previously incorporated by reference in the PSR, any material 
changes between the previous version of that industry standard and the 
updated version proposed for incorporation in the PSR. PHMSA requested 
comment from the public, state pipeline safety regulators, and other 
stakeholders, and considered this input when drafting the final version 
of this rule.
---------------------------------------------------------------------------

    \6\ PHMSA, ``Pipeline Safety: Periodic Updates of Regulatory 
References to Technical Standards and Miscellaneous Amendments--
Proposed Rule,'' 86 FR 3938 (Jan. 15, 2021) (NPRM).
---------------------------------------------------------------------------

III. Pipeline Advisory Committee Meeting

    On October 20 and 21, 2021, PHMSA discussed the NPRM with the 
Technical Pipeline Safety Standards Committee (also known as the Gas 
Pipeline Advisory Committee (GPAC)), and the Technical Hazardous Liquid 
Pipeline Safety Standards Committee (also known as the Liquid Pipeline 
Advisory Committee (LPAC)). These committees are statutorily mandated 
advisory committees that, respectively, advise PHMSA on proposed gas 
and hazardous liquid (including carbon dioxide) pipeline facility 
regulatory amendments and associated risk assessments.\7\ These 
committees are comprised of equal representation from the government, 
industry, and the general public. The members of these committees 
review standards proposed in an NPRM for incorporation within the PSRs 
for cost-effectiveness, reasonableness, practicability, and technical 
feasibility, and provide recommendations that PHMSA considers in 
adopting this or any other final rule.
---------------------------------------------------------------------------

    \7\ PHMSA established these committees in accordance with its 
enabling statute (49 U.S.C. 60115) and the Federal Advisory 
Committee Act (5 U.S.C. App. 2, as amended), its implementing 
regulations (41 CFR parts 101-106), and DOT policies (Department of 
Transportation (DOT) Order 1120.3C).
---------------------------------------------------------------------------

    The Joint GPAC/LPAC Transcript from that meeting and all 
presentation materials are available both in the docket for the 
rulemaking and on the web page that PHMSA created for the meeting.\8\ 
Additional information

[[Page 33267]]

regarding the GPAC and LPAC recommendations on the NPRM may be found in 
section IV below.
---------------------------------------------------------------------------

    \8\ Gas Pipeline Advisory Committee (GPAC) and Liquid Pipeline 
Advisory Committee (LPAC) Meeting (Oct. 21, 2021), available at: 
https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=156.
---------------------------------------------------------------------------

IV. Summary of Comments, GPAC/LPAC Discussion, and PHMSA Response

    On January 15, 2021, PHMSA published the NPRM proposing to 
incorporate by reference all or parts of more than 20 new or revised 
consensus standards and to make several miscellaneous editorial or 
technical amendments.
    The comment period for the NPRM ended on March 16, 2021. PHMSA 
received 10 comments on the NPRM, including five late-filed 
comments.\9\ Pursuant to 49 CFR 190.323, PHMSA considered late-filed 
comments along with timely-received comments, as PHMSA's consideration 
of those late-filed was practicable in that their review did not add 
additional expense or delay to PHMSA's issuance of this final rule. The 
commenters on the NPRM who filed before the joint GPAC/LPAC meeting are 
as follows: Aaron Adamczyk; the Alyeska Pipeline Service Company; an 
anonymous commenter; the American Fuel & Petrochemical Manufacturers; 
the American Petroleum Institute; ASME; the National Propane Gas 
Association; and a joint comment from a number of organizations, 
hereafter referred to as ``the Associations'' (the American Petroleum 
Institute, Interstate Natural Gas Association of America (INGAA), GPA 
Midstream Association, American Gas Association, and American Public 
Gas Association). The commenters on the NPRM who filed after the joint 
GPAC/LPAC meeting are as follows: a joint comment from the American Gas 
Association, American Petroleum Institute, American Public Gas 
Association, GPA Midstream Association, and Interstate Natural Gas 
Association of America (collectively ``AAAGI''), and a joint comment 
from Association of Oil Pipelines, American Petroleum Institute, and 
GPA Midstream Association (collectively ``AAG'').
---------------------------------------------------------------------------

    \9\ Two of the five late-filed comments were submitted after the 
October 2022 joint GPAC/LPAC meeting. Comments in Response to the 
PHMSA Public Meeting, PHMSA-2021-0069-0006 (Nov. 16, 2021); Comments 
on the Oct. 2021 Joint Gas and Liquid Pipeline Advisory Committee 
Meeting, PHMSA-2021-0069-0008 (Nov. 22, 2021).
---------------------------------------------------------------------------

    PHMSA discusses below comments received from stakeholders (in 
written comments or during the GPAC/LPAC meeting) on a handful of 
specific industry standards and editorial and technical corrections 
proposed by the NPRM for incorporation in the PSRs. In connection with 
those and any other industry standards, technical corrections, and 
editorial corrections proposed in the NPRM, PHMSA incorporates by 
reference within this final rule its NPRM discussions of those proposed 
regulatory amendments--including but not limited to, its description in 
the NPRM of the content of any updated standards and corrections, and 
the safety and environmental benefits anticipated from those 
amendments. After evaluating its preliminary assessments of those 
proposed regulatory amendments against stakeholder comments discussed 
below, as well as pertinent discussion during and recommendations of 
the GPAC/LPAC, PHMSA concludes that adoption of its proposed regulatory 
amendments (as modified below) will better align the PSRs with the 
latest innovations in operational and management practices, materials, 
testing, and technological advancements; enhance compliance by avoiding 
conflict between different versions of the same industry standards; and 
facilitate safety-focused allocation of resources by pipeline 
operators. PHMSA therefore concludes that the each of the amendments to 
the PSR adopted in this final rule are technically feasible, cost-
effective, reasonable, and practicable in light of their respective 
anticipated commercial, public safety, and environmental benefits that 
justify any associated compliance costs.

A. Stakeholder Comments and GPAC/LPAC Discussion

    PHMSA received a number of comments generally supportive of its 
proposed IBR of updated industry standards and codification of 
technical and editorial corrections, with several comments calling on 
PHMSA to update the standards referenced in the PSRs more frequently 
than historical practice. A number of other comments PHMSA received on 
the NPRM or during the GPAC/LPAC meeting concerned retroactive 
application of the proposed updated industry standards; compliance 
timelines; minor editorial corrections to the PSR or the NPRM's 
proposed regulatory amendments; as well as some matters that were 
outside of the scope of this rulemaking.
    PHMSA received one comment on the NPRM from the Alyeska Pipeline 
Service Company regarding the proposed IBR of an updated version of API 
Spec 6D.\10\ API Spec 6D, whose 23rd edition is currently incorporated 
by reference in Sec. Sec.  192.145 and 195.116, defines the design, 
manufacturing, assembly, testing, and documentation requirements for 
valves used in pipeline systems. The 24th edition of API Spec 6D 
includes several clarifications, safety improvements, and editorial 
revisions, including clarified bore tolerance specifications for full-
opening valves; new procedures for installers when no minimum bore 
tolerances are listed in the specification; and updates specifying that 
calibration intervals should not exceed one year. Alyeska recommended 
that PHMSA should, when incorporating by reference the 24th edition of 
API Spec 6D, include allowances for legacy designs that incorporate 
flanged valves with intermediate design pressures since the 24th 
edition of API Spec 6D prohibits designing flanged valves with 
intermediate pressure ratings. Alyeska stated that that its own flange 
connections exceed ASME B16.47 \11\--but not API Spec 6D--because they 
``us[e] special bolting dimensions as an extra safety measure not 
required.'' Because of this, they stated that PHMSA's safety concerns 
regarding installing lower-pressure-rated valves motivating its 
proposed IBR of the updated version of API Spec 6D would not apply to 
its pipeline facilities. PHMSA notes, however, that the updated version 
of API Spec 6D will not apply retroactively; it will apply only to the 
design, installation, or construction of valves as they are new, 
replaced, relocated, or otherwise changed.
---------------------------------------------------------------------------

    \10\ API Specification 6D, ``Specification for Pipeline and 
Piping Valves,'' 24th edition (Aug. 2014) (API Spec 6D).
    \11\ ASME B16.47, ``Large Diameter Steel Flanges: NPS 26 through 
NPS 60, Metric/Inch Standard'' (2020).
---------------------------------------------------------------------------

    Additionally, the Associations' joint comment requested that PHMSA 
continue to allow operators to install pipe that is compliant with the 
45th edition of API Spec 5L until January 1, 2022, since the 46th 
edition of API Spec 5L PHMSA proposed to IBR in the NPRM is relatively 
recent and thus the supply chain is not yet fully stocked with the 
compliant materials.\12\ API Spec 5L is the primary manufacturing 
specification for seamless and welded steel pipe used in gas, hazardous 
liquid, and carbon dioxide pipeline transportation systems. This 
comment also requested that PHMSA continue to allow operators to 
install flanges that are compliant with the 2019 edition of MSS SP-44 
\13\ until January 1, 2022. PHMSA

[[Page 33268]]

notes that the date the Associations anticipate the supply chain will 
be stocked with compliant materials has passed; because this final rule 
is publishing nearly two years after the projected date, PHMSA 
understands that there is no need for a delayed compliance date unique 
to its adoption of an updated version of API Spec 5L.
---------------------------------------------------------------------------

    \12\ API Specification (Spec) 5L, ``Specification for Line 
Pipe,'' 45th edition (July 2013); API Specification (Spec) 5L, 
``Specification for Line Pipe,'' 46th edition (Apr. 2018) (API Spec 
5L).
    \13\ MSS SP-44-2019, Standard Practice, ``Steel Pipeline 
Flanges'' (Apr. 2020) (MSS SP-44).
---------------------------------------------------------------------------

    PHMSA also received comments that were inapplicable for a variety 
of reasons. Some of those comments were inapplicable because they 
assumed potential application to existing pipeline facilities of 
updated voluntary industry standards that would be incorporated by 
reference within design, testing, or installation standards that are 
subject to the statutory retroactivity prohibition at 49 U.S.C. 
60104(b). The retroactivity prohibition restricts the application of 
certain new standards to an existing pipeline facility unless that 
pipeline facility is new, replaced, relocated, or changed. Other 
comments were inapplicable because this final rule did not publish 
before alternative compliance dates proposed by the comments. Further, 
many of the comments that PHMSA received were outside of the scope of 
this rulemaking as defined by the proposals in the NPRM. For example, 
the Associations' joint comment requested that PHMSA incorporate by 
reference a number of updated voluntary, consensus industry technical 
standards not proposed in the NPRM, including the following: API 
Recommended Practice (RP) 1181 (to implement section 109 of the 
Protecting Our Infrastructure of Pipelines and Enhancing Safety Act of 
2020 (Pub. L. 116-260)); the second edition of API RP 80 (to enhance 
operators' understanding and compliance with safety requirements); 
Addendum 2 to the 12th edition of API Standard (Std.) 620 Errata 1 to 
the 13th edition of API Std. 650; and a more recent edition of API Std. 
653.\14\ Although PHMSA is considering incorporating these standards 
for inclusion in the future in a separate rulemaking after evaluation, 
it declines to adopt those standards in this rulemaking without 
providing the public an opportunity to review and comment upon those 
standards. One exception is PHMSA's incorporation of Errata 1 (January 
2021) to the 13th edition of API Std. 650 since the errata only 
contains editorial changes. PHMSA is also incorporating errata to each 
of API Spec 6D (Errata 10, July 2021) and the 5th edition of API 2350 
(Errata 1, April 2021) since they also only contain technical edits. 
PHMSA further notes that, pursuant to Sec.  190.331, any interested 
person (including the Associations) may petition PHMSA to establish, 
amend, or repeal a substantive regulation, to include the IBR of 
updated voluntary industry standards.
---------------------------------------------------------------------------

    \14\ For more information on these standards, please see the 
Associations' joint comment. Comment from API et al., Docket No. 
PHMSA-2016-0002-0005 (March 15, 2021).
---------------------------------------------------------------------------

    The Associations' joint comment also asked PHMSA to correct an 
allegedly erroneous reference to API RP 1130 in Sec.  195.3(b)(7).\15\ 
The joint comment specified that the PSRs currently reference the third 
edition of API RP 1130 while the most recent edition of API RP 1130 is 
the first edition. PHMSA has reviewed the history of API RP 1130 and 
its incorporation into the PSRs and determined that the reference in 
Sec.  195.3(b)(7) is correct. On January 5, 2015, PHMSA replaced the 
second edition of API 1130 (which had been issued in 2002) with the 
third edition of API RP 1130 (which had been issued in 2007). However, 
PHMSA notes that API subsequently in 2017 reaffirmed the 2007 version 
of API RP 1130 and re-characterized it as the first edition of API RP 
1130. PHMSA will therefore retain the current reference to the third 
edition of API RP 1130.
---------------------------------------------------------------------------

    \15\ API Recommended Practice 1130, ``Computational Pipeline 
Monitoring for Liquids: Pipeline Segment,'' 3rd edition (Sept. 2007) 
(API RP 1130).
---------------------------------------------------------------------------

    Both the GPAC and LPAC discussions and voting were broadly 
supportive of the proposed amendments in the NPRM. The GPAC voted 
unanimously to endorse as ``technically feasible, reasonable, cost-
effective, and practicable'' almost all of PHMSA's proposed IBR of the 
updated industry standards and miscellaneous amendments within part 
192. However, as discussed further in section IV.C. below, the GPAC 
qualified its endorsement of PHMSA's proposed IBR of the 2016 edition 
of ASME B31.8S by calling on PHMSA to IBR a more recent (2018) version 
of that standard and to make conforming revisions to the PSR provisions 
(including Sec.  192.11(m)) referencing that newer version of the 
standard. The GPAC also called on PHMSA to work towards an agreement 
with ASME to make its standards available for free on the internet to 
the public.
    The LPAC also voted unanimously to endorse as ``technically 
feasible, reasonable, cost-effective, and practicable'' almost all of 
PHMSA's proposed IBR of the updated industry standards and 
miscellaneous amendments within part 195. However, as discussed further 
in sections IV.B. and D below, the LPAC qualified its endorsement of 
PHMSA's proposed IBR of the 5th edition of API Std. 2350 and the 4th 
edition of API RP 651. And like the GPAC, the LPAC also called on PHMSA 
to work towards an agreement with ASME to make its standards available 
for free on the internet to the public.

B. API Std 2350

    API Std 2350 applies to overfill and damage-prevention practices 
for aboveground storage tanks associated with facilities that receive 
flammable and combustible petroleum liquids, such as refineries, 
marketing terminals, bulk plants, and pipeline terminals. The PSRs 
currently reference the third edition of this document in Sec.  
195.428(c) governing aboveground breakout tanks.\16\ Material changes 
introduced between the 3rd and 5th editions of API Std 2350 are 
described at length in the NPRM and include the development of policies 
and procedures for overfill protection processes and risk assessments.
---------------------------------------------------------------------------

    \16\ PHMSA notes that the version of this document currently 
referenced in the PSRs was characterized by API as a ``recommended 
practice.'' API now characterizes this document as a ``standard.''
---------------------------------------------------------------------------

    PHMSA received a comment from the American Fuel & Petrochemical 
Manufacturers regarding its proposed IBR of the 5th edition of API Std 
2350. The American Fuel & Petrochemical Manufacturers expressed concern 
that it is unclear which provision of API Std 2350 applies to existing 
tank overfill systems, and that the current wording of the regulatory 
text would require operators to significantly expand their physical 
programs and make numerous changes to their operational parameters if 
PHMSA incorporated the updated API Std 2350. They specifically noted 
that Sec.  195.428(c) states that operators must only install overfill 
systems in accordance with API RP 2350, but that provision fails to 
specify which sections of API Std 2350 operators should reference for 
such installations--a potential source of confusion for regulated 
entities because API Std 2350 contains elements pertaining to 
installation as well as maintenance and operation. They consequently 
requested that PHMSA amend the text of Sec.  195.428(c) to identify 
precisely which sections of API Std 2350 govern installing an overfill 
protection system.
    At the GPAC/LPAC meeting, an LPAC committee member representing 
industry noted in discussion of the proposed standard that they 
supported moving forward with API Std 2350 as proposed but recommended 
that, because of the significant changes

[[Page 33269]]

between the 3rd and 5th editions of this standard noted in the NPRM, 
PHMSA consider a longer timeline to aid in its implementation by 
operators. However, the LPAC voted unanimously to endorse the IBR of 
the updated version of API Std 2350 without any explicit condition on a 
longer compliance timeline. Because API Std 2350 was not referenced 
within part 192, the GPAC neither discussed nor voted on this standard. 
After the GPAC/LPAC meeting, the AAG submitted a joint comment on API 
Std 2350 echoing the comments of the industry stakeholders during the 
LPAC and calling on PHMSA to extend the compliance deadline for this 
updated industry standard beyond the 60-day effective and compliance 
period PHMSA had suggested for this rulemaking during the GPAC/LPAC 
meeting.
    In response to the American Fuel and Petrochemical's comments 
regarding the applicability of API Std 2350, PHMSA notes that Sec.  
195.428(c) states that ``[o]ther aboveground breakout tanks with 600 
gallons (2271 liters) or more of storage capacity that are constructed 
or significantly altered after October 2, 2000, must have an overfill 
protection system installed according to API RP 2350.'' The 
requirements in Sec.  195.428(c) are specific to installation, not to 
the operation or maintenance of the relevant aboveground breakout 
tanks. However, PHMSA also notes that the PSRs elsewhere at Sec.  
195.402 require that operators have a procedural manual for operating 
and maintenance for their systems--including any related breakout 
tanks, which are defined broadly in Sec.  195.2 to include overfill 
protection systems that contribute to the pressure relief function of 
those breakout tanks. Therefore, an operator of a breakout tank that 
has installed an overfill protection system per API Std 2350 should 
consider also having a procedural manual to maintain the system in a 
manner that is consistent with API RP Std 2350.
    PHMSA understands that operators will have adequate time to 
implement the installation requirements in API Std 2350, as specified 
in Sec.  195.428(c), and implement any conforming revisions to their 
operations and maintenance procedural manuals given the following: (1) 
the extended period of time between the GPAC/LPAC meeting and 
publication of the final rule; (2) API Std 2350 is an industry-created 
standard, which, presumably, is already implemented by responsible 
operators; and (3) the IBR API Std 2350 standard will only apply to 
new, replaced, relocated, or otherwise changed overfill prevention 
systems. PHMSA also notes that--notwithstanding that a longer 
compliance timeline was presented to it--the LPAC declined to condition 
its endorsement of IBR of the 5th edition of API Std 2350 on a longer 
compliance timeline. Therefore, PHMSA did not adopt the longer 
implementation timeframe requested.

C. ASME B31.8S

    ASME B31.8S provides guidance on various risk assessment approaches 
covering design, construction, operational prevention, mitigation, and 
assessment, ensuring the safe operation of gas pipelines. ASME B31.8S 
also describes the foundations for an effective integrity management 
(IM) program for gas transmission pipelines. Along with subpart O of 
part 192, ASME B31.8S provides the essential features of an IM program. 
The standard applies to onshore gas pipeline systems constructed with 
ferrous materials (such as iron and steel) that transport gas and is 
frequently referenced throughout subpart O. ASME B31.8S provides 
operators with the information necessary to develop and implement an 
effective IM program utilizing proven industry practices and processes. 
The PSRs currently IBR the 2004 version of AMSE B31.8S; the NPRM 
proposed to IBR the 2016 version of the standard, which incorporates a 
number of edits, additions, and clarifications that will improve the 
effectiveness of the gas transmission IM programs.
    PHMSA did not originally propose regulatory text incorporating the 
2018 edition of ASME B31.8S, as PHMSA explained in the NPRM that it had 
reviewed the 2018 edition and understood that the updated standard had 
removed nearly all communications plan requirements found in the 
portion of that standard (Section 10) explicitly mentioned in Sec.  
192.911(m). As a result, PHMSA proposed the 2016 edition for 
incorporation, as that version retained the Section 10 communications 
plan requirements. However, PHMSA explicitly requested comments 
regarding incorporation of the 2018 edition of ASME B31.8S.
    PHMSA received two comments in response. Both the ASME and the 
Associations' joint comment recommended that PHMSA incorporate the 2018 
edition of this standard. They noted that the communications plan 
requirements formerly located in Section 10 had not (as PHMSA believed) 
been removed, but instead been relocated from Section 10 to Chapter V, 
Paragraph 850.9, of the 2018 version of ASME B31.8, which is the 
companion standard to ASME B31.8S. Additionally, B31.8S includes a 
reference in Section 10 that points to the communications plan 
requirements in the 2018 version of ASME B31.8. The commenters 
therefore requested that PHMSA revise Sec.  192.911(m) to directly 
reference the communications plan requirements in Paragraph 850.9 of 
the 2018 edition of ASME B31.8. The GPAC voted unanimously to endorse 
the 2018 edition of ASME B31.8S with a recommendation to revise Sec.  
192.911(m) to directly reference the communications plan requirements 
in Paragraph 850.9 of the 2018 edition of ASME B31.8. Because ASME 
B31.8S was not referenced within part 195, the LPAC neither discussed 
nor voted on this standard.
    In response to the GPAC's recommendations and the public comments 
received, PHMSA, in this final rule, is incorporating the 2018 edition 
of ASME B31.8S within its part 192 regulations. Further, PHMSA has 
revised Sec.  192.911(m) to directly reference the communications-plan 
requirements in Paragraph 850.9 of the 2018 edition of ASME B31.8.
    PHMSA is also in this final rule making conforming revisions in the 
PSRs to match the relevant sections in the 2018 edition of ASME B31.8S. 
PHMSA updated the relevant sections as follows:
     Sec.  192.714(c): Removed ``section 7, Figure 4'' and 
replaced it with ``Section 7, Figure 7.2.1-1'';
     Sec.  192.917(e)(1): Removed ``Appendix A7'' and replaced 
it with ``Appendix A-8'';
     Sec.  192.917(e)(4): Removed ``ASME/ANSI B31.8S, 
Appendices A4.3 and A4.4, and any'' and replaced it with ``ASME B31.8S, 
Appendices A-5.3 and A-5.4, and any'';
     Sec.  192.921(a)(2): Removed ``specified in Table 3 of 
section 5'' and replaced it with ``specified in Table 5.6.1-1 of 
Section 5'';
     Sec.  192.923(b)(1): Removed ``section 6.4'' and replaced 
it with ``Section 6.4'';
     Sec.  192.933(c): Removed ``section 7, Figure 4'' and 
replaced it with ``Section 7, Figure 7.2.1-1'';
     Sec.  192.937(c)(2): Removed ``table 3 of section 5'' and 
replaced it with ``Table 5.6.1-1 of Section 5'';
     Sec.  192.939(a)(1)(ii): Removed ``section 5, Table 3'' 
and replaced it with ``Table 5.6.1-1 of Section 5''; and
     Sec.  192.939(a)(3): Removed ``section 5, Table 3'' and 
replaced it with ``Table 5.6.1-1 of Section 5.''
    PHMSA also notes that in August 2022, it concluded a rulemaking 
(first proposed in 2016) that amended, or introduced, several 
provisions referencing the ASME B31.8S industry standard being updated 
in this final

[[Page 33270]]

rule.\17\ Pertinent provisions introduced or amended by the RIN2 Final 
Rule include the following: Sec. Sec.  192.13(d); 192.714(c) and (d); 
192.917(a) through (e); and 192.933(d)(1) and (d)(2)(iv)). PHMSA has 
compared the pertinent sections of each of those currently-referenced 
versions of ASME B31.8S against the updated version incorporated within 
the PSR by this final rule, and has concluded that application of that 
update to the regulatory provisions added or amended by the RIN2 Final 
Rule is technically feasible, reasonable, cost-effective, and 
practicable because it entails no additional compliance burdens for 
pipeline operators, while at the same time offering the same safety and 
environmental benefits (better alignment of the PSRs with the latest 
innovations in operational and management practices, materials, 
testing, and technological advancements; enhanced compliance by 
avoiding conflict between different versions of the same industry 
standards; and facilitation of safety-focused allocation of resources 
by pipeline operators) as other amendments adopted in this final rule. 
PHMSA notes that two of those provisions--specifically, Sec. Sec.  
192.714(d) and 192.933(d)(1) and (d)(2)(iv)--are the subject of a 
pending legal challenge brought by INGAA against the RIN2 Final Rule. 
PHMSA, therefore, has determined that in this final rule, it will not 
update references within Sec. Sec.  192.714(d) and 192.933(d)(1) and 
(d)(2)(iv) to ASME B31.8S to reflect the 2018 version of that standard, 
but will in those two provisions continue to reference the 2004 version 
of ASME B31.8S. PHMSA may update those provisions to reference the 2018 
version of ASME B31.8S in the future.
---------------------------------------------------------------------------

    \17\ PHMSA, ``Pipeline Safety: Safety of Gas Transmission 
Pipelines: Repair Criteria, Integrity Management Improvements, 
Cathodic Protection, Management of Change, and Other Related 
Amendments--Final Rule,'' 87 FR 52224 (Aug. 24, 2022) (RIN2 Final 
Rule). The RIN2 Final Rule is currently the subject of a petition 
for judicial review. See INGAA v. PHMSA, et al., DC Cir. Case No. 
23-1173.
---------------------------------------------------------------------------

D. API RP 651

    PHMSA proposed to IBR the 4th edition of API RP 651 (Cathodic 
Protection of Aboveground Petroleum Storage Tanks) referenced in 
Sec. Sec.  195.565 and 195.573(d). The PSRs currently reference the 3rd 
edition of this document, which describes practices and procedures 
regarding the use of cathodic protection to effectively control 
corrosion on aboveground storage-tank bottoms. It also includes 
provisions for the application of cathodic protection to new and 
existing aboveground storage tanks, and information and guidance 
regarding cathodic protection for aboveground metallic storage tanks in 
hydrocarbon service.
    Both the American Fuel & Petrochemical Manufacturers and the 
Associations submitted comments regarding the 4th edition of API RP 
651. The American Fuel & Petrochemical Manufacturers stated that it is 
concerned with the way the 4th edition of API RP 651 is being 
interpreted during field inspections, as it understood that some state 
regulatory authorities were interpreting API RP 651 as requiring all 
breakout tanks to have cathodic protection, even tanks not in direct 
contact with soil. The American Fuel & Petrochemical Manufacturers and 
the Associations stated that PHMSA should not consider double-bottomed 
tanks with an interstitial fill of concrete (not soil) or tanks on 
continuous concrete pads to be ``buried'' such that they would require 
cathodic protection pursuant to Sec.  195.563. They stated that such 
tanks do not allow any part of the pipe through which hazardous liquid 
moves to come into contact with the upper layer of the earth and would 
like PHMSA to state definitively that cathodic protection is not 
required, consistent with their understanding of recommendations in the 
4th edition of API RP 651 against it. Additionally, the Associations' 
joint comment asked PHMSA to clarify requirements in Sec.  195.563 for 
the cathodic protection of double-bottom breakout tanks by referencing 
the 4th edition of API RP 651 and to allow operators to protect these 
tanks without requiring cathodic protection.
    At the joint GPAC/LPAC meeting, an industry committee member from 
API requested that PHMSA clarify that the design of double-bottom tanks 
precludes the use of cathodic protection and asked that PHMSA allow 
operators to use alternative methods to protect these tanks form 
corrosion. Although the LPAC unanimously voted to recommend IBR of the 
updated version of API RP 651, it recommended that PHMSA include in the 
final rule preamble the suggestion by the industry stakeholder during 
the meeting. Because API RP 651 is not referenced within part 192, the 
GPAC neither discussed nor voted on this standard. After the GPAC/LPAC 
meeting, the AAG submitted a joint comment that included a discussion 
on the 4th edition of API RP 651. AAG stated that they supported LPA's 
recommendation to clarify appropriate application of the 4th edition of 
API RP 651. The AAG in particular called on PHMSA to state explicitly 
that the 4th edition of API RP 651 would not apply to El Segundo 
double-bottom tanks \18\ or tanks on concrete not using cathodic 
protection to prevent corrosion. The AAG stated that they do not 
believe these tanks are ``buried''--which they characterize Sec.  
195.553 as defining to mean ``covered or in contact with soil''--and 
that therefore those tanks would not be required to have cathodic 
protection pursuant to Sec.  195.563 or the risk-based framework in the 
most recent (5th edition) of API RP 653. The AAG called on PHMSA to IBR 
that most recent version of API RP 653.
---------------------------------------------------------------------------

    \18\ AAG, in the joint comment, describes an El Segundo double-
bottom tank as one ``where the active tank floor is on contact with 
a concrete interstitial fill, and the secondary, inactive bottom is 
in contact with the soil.'' For more information, please see the AAG 
joint comment. AAG Joint Comment, Docket No. PHMSA-2021-0069-0008 
(Nov. 22, 2021), available at: https://www.regulations.gov/comment/PHMSA-2021-0069-0008.
---------------------------------------------------------------------------

    PHMSA has considered those comments and the discussion during the 
GPAC/LPAC meeting and understands the application of Sec.  195.563 by 
some state regulatory authorities is beyond the scope of this standards 
update rulemaking. PHMSA in the NPRM proposed simply to incorporate the 
4th edition of API RP 651 into Sec. Sec.  195.565 and 195.573(d) and 
did not propose changes in the regulatory text or interpretations 
affecting existing cathodic protection requirements for breakout tanks 
pursuant to a different PSR provision (Sec.  195.563) that does not 
explicitly reference API RP 651. PHMSA similarly did not propose to 
update the version of API RP 653 referenced in part 195. PHMSA notes, 
however, that it recently responded to a request for interpretation of 
Sec. Sec.  195.553 and 195.563 that provides additional information on 
this issue as applied to specific pipeline facilities operated by 
Chemoil.\19\
---------------------------------------------------------------------------

    \19\ PHMSA Interp. Resp. No. PI-20-0014 (Oct. 7, 2021), 
available at: https://www7.phmsa.dot.gov/regulations/title49/interp/PI-20-0014.
---------------------------------------------------------------------------

V. Summary of Final Rule and 1 CFR 51

    This final rule incorporates the following updated industry 
standards and amendments into 49 CFR parts 192 and 195. Availability 
information for each standard is specified in Section I of this 
preamble, and a summary of each standard is detailed below and in 
Section II of the NPRM.
    These updated industry standards are developed through agreed-upon 
procedures and adopted by domestic and international standard 
development organizations, ensuring the voluntary,

[[Page 33271]]

consensus industry standards reflect modern technology and technology 
practices. PHMSA understands that reasonably prudent operators employ 
industry standards and best practices even when not required by PHMSA 
regulations. Thus, PHMSA finds that the new or updated editions of 
voluntary, consensus industry technical standards may already be 
observed and implemented voluntarily by reasonably prudent operators in 
order to protect the public, environment, and their commercially 
valuable product. PHMSA also notes that should an operator identify a 
compelling need for regulatory flexibility, the PSR provides for 
special permit procedures at Sec.  190.341 to request a deviation from 
specific requirements.
    Viewed against the considerations herein and the compliance costs 
estimated in the cost-benefit analysis in Section VI of this final 
rule, PHMSA finds the proposed amendments will be a cost-effective 
approach to achieving the commercial, public safety, and environmental 
benefits discussed in this final rule and its supporting documents. 
Lastly, PHMSA believes that operator compliance timelines--based on an 
effective date of the final requirement (60 days after the effective 
date of the final rule, which the timeline would necessarily be in 
addition to the time since issuance of the January 2021 NPRM) would 
provide operators ample time to implement requisite systems and manage 
any related compliance costs.
    Thus, PHMSA finds that the discussion herein--in addition to the 
NPRM's discussion of the safety, environmental, and other benefits and 
detriments incorporated herein by reference--supports its conclusion 
that each of the regulatory amendments in this final rule are 
technically feasible, reasonable cost-effective, and practicable.

A. AMPP

     NACE SP0204-2015, ``Stress Corrosion Cracking (SCC) Direct 
Assessment Methodology,'' March 14, 2015.
    This standard provides a process and a series of required steps for 
operators to use to assess the extent of stress-corrosion cracking on a 
section of buried pipeline. The methodology is designed as a screening 
tool to determine whether stress corrosion cracking is a substantial 
risk on a pipeline system.
    [Replaces incorporated by reference (IBR): NACE SP0204-2008, 
``Standard Practice, Stress Corrosion Cracking (SSC) Direct Assessment 
Methodology,'' September 18, 2008; Referenced in 49 CFR 195.588(c).]

B. API

     API RP 651, ``Cathodic Protection of Aboveground Petroleum 
Storage Tanks,'' 4th edition, September 2014.
    Cathodic protection is a method of protecting metallic pipelines 
from corrosion. This recommended practice contains: (1) procedures and 
practices for effective corrosion control on aboveground storage tank 
bottoms using cathodic protection; (2) provisions for the application 
of cathodic protection to existing and new aboveground storage tanks; 
and (3) information and guidance for cathodic protection specific to 
aboveground metallic storage tanks in hydrocarbon service.
    [Replaces ANSI/API RP 651, ``Cathodic Protection of Aboveground 
Petroleum Storage Tanks,'' 3rd edition, January 2007; Referenced in 49 
CFR 195.565 and 195.573(d).]
     API RP 2026, ``Safe Access/Egress Involving Floating Roofs 
of Storage Tanks in Petroleum Service,'' 3rd edition, June 2017.
    The 3rd edition of API RP 2026 (formerly API Publication 2026) 
addresses the hazards associated with access/egress onto external and 
internal floating roofs of in-service petroleum storage tanks. In a 
floating roof tank, the roof floats on top of product in the tank and 
rises and lowers with the level of product in the storage tank. 
Floating roofs minimize the creation of hazardous vapors above the 
product. A floating roof can be designed for use on a tank with no 
fixed roof (an external floating roof) or inside a tank with a fixed 
roof (internal floating roof).
    [Replaces API Publication 2026, ``Safe Access/Egress Involving 
Floating Roofs of Storage Tanks in Petroleum Service,'' 2nd edition, 
issued April 1998, reaffirmed June 2006; Referenced in 49 CFR 
195.405(b)].
     API Spec 5L, ``Line Pipe,'' 46th edition, April 2018; 
including Errata 1 (May 2018).
    API Spec 5L is the primary manufacturing specification for seamless 
and welded steel pipe for use in gas, hazardous liquid, and carbon 
dioxide pipeline transportation systems. The specification does not 
cover cast pipe and non-steel pipe. The specification includes 
requirements for pipe material, manufacturing, quality control and 
testing, inspection, and pipe marking.
    [Replaces API Spec 5L, ``Specification for Line Pipe,'' 45th 
edition, July 2013; Referenced in 49 CFR 192.55(e); 192.112(a), (b), 
(d), (e); 192.113; Section I of Appendix B in part 192; and 49 CFR 
195.106(b), (e).]
     API Spec 6D, ``Specification for Pipeline and Piping 
Valves,'' 24th edition, August 2014, including Errata 1 (October 2014), 
Errata 2 (December 2014), Errata 3 (February 2015), Errata 4 (June 
2015), Errata 5 (July 2015), Errata 6 (September 2015), Errata 7 (June 
2016), Errata 8 (August 2016), Errata 9 (March 2017), Errata 10 (July 
2021), Addendum 1 (March 2015), and Addendum 2 (June 2016).
    API Spec 6D defines the design, manufacturing, assembly, testing, 
and documentation requirements for valves used in pipeline systems. 
PHMSA requires all valves on gas pipeline systems, other than those 
made of cast iron or plastic, to meet the requirements of API Spec 6D, 
or a national or international standard that provides an equivalent 
performance level of safety. Hazardous liquid and carbon dioxide 
pipeline valves must be shell-tested and seat-tested in accordance with 
API Spec 6D.
    [Replaces ANSI/API Spec 6D, ``Specification for Pipeline Valves,'' 
23rd edition, October 1, 2008, including Errata 1 (June 2008), Errata 2 
(November 2008), Errata 3 (February 2009), Errata 4 (April 2010), 
Errata 5 (November 2010), Errata 6 (August 2011), Addendum 1 (October 
2009), Addendum 2 (August 2011), and Addendum 3 (October 2012); 
Referenced in 49 CFR 192.145(a) and 195.116(d).]
     API Std 620, ``Design and Construction of Large, Welded, 
Low-Pressure Storage Tanks,'' 12th Edition, October 2013, including 
Addendum 1 (November 2014).
    API Std 620 specifies design, construction, and testing 
requirements for large, field assembled, welded steel tanks used to 
store petroleum, petroleum products, or other liquids used in the 
petrochemical industry. Tanks designed, constructed, and tested in 
accordance with API Std 620 are rated to operate with a vapor pressure 
up to 15 psig and a metal temperature below 250 [deg]F.
    [Replaces API Std 620, ``Design and Construction of Large, Welded, 
Low-Pressure Storage Tanks,'' 11th Edition, February 2008; including 
Addendum 1 (March 2009), Addendum 2 (August 2010), and Addendum 3 
(March 2012); Referenced in 49 CFR 195.132(b); 195.205(b); 195.264(b) 
and (e); 195.307(b); 195.565; and 195.579(d).]
     API Std 650, ``Welded Tanks for Oil Storage,'' 13th 
edition, March 1, 2020, including Errata 1 (January 2021).
    This standard establishes minimum requirements for material, 
design, fabrication, erection, and inspection for

[[Page 33272]]

vertical, cylindrical, aboveground, closed- and open-top, welded 
storage tanks in various sizes and capacities for internal pressures 
approximating atmospheric pressure. This standard applies only to tanks 
whose entire bottom is uniformly supported and to tanks in non-
refrigerated service that have a maximum design temperature of 93[deg]C 
(200 [deg]F) or less. In part 195, breakout tanks associated with the 
transportation of hazardous liquids that are included in the scope of 
this standard must be designed, constructed, tested, and repaired in 
accordance with API Std 650.
    [Replaces API Std 650, ``Welded Steel Tanks for Oil Storage,'' 11th 
edition, June 2007; including Addendum 1 (November 2008), Addendum 2 
(November 2009), Addendum 3 (August 2011), and Errata (October 2011); 
Referenced in 49 CFR 195.132(b); 195.205(b); 195.264(b) and (e); 
195.307(c) and (d); 195.565; and 195.579(d).]
     API Std 1104, ``Welding of Pipelines and Related 
Facilities,'' 21st edition, September 2013; including Errata 1 (2013), 
Errata 2 (2014), Errata 3 (2014), Errata 4 (2015), Errata 5 (2018), 
Addendum 1 (2014), and Addendum 2 (2016)--except for Note 2 in Section 
5.4.2.2.
    API Std 1104 is the primary standard for welding steel piping and 
for testing welds on steel pipelines. It covers the requirements for 
welding and nondestructive testing of pipeline welds. In the PSRs, this 
standard is used for qualifying welders, welding procedures, and 
welding operators, and interpreting the results of non-destructive 
tests.
    [Replaces API Std 1104, ``Welding of Pipelines and Related 
Facilities,'' 20th edition, October 2005; including Errata/Addendum 
(July 2007) and Errata 2 (2008); Referenced in 49 CFR 192.225(a); 
192.227(a); 192.229(b) and (c); 192.241(c); Section II of Appendix B in 
part 192; 195.214(a); 195.222(a) and (b); and 195.228(b).]
     API Std 2000, ``Venting Atmospheric and Low-pressure 
Storage Tanks'' 7th edition, March 2014.
    This standard contains vapor-venting requirements for aboveground 
liquid petroleum product storage tanks, and aboveground and/or 
underground refrigerated storage tanks, all of which are designed for 
operation at pressures from full vacuum through 103.4 kPa (or 15 psig). 
Normal vapor venting refers to the inflow and outflow of vapor related 
to pressure changes inside the storage tanks. Emergency vapor venting 
relates to the inflow or outflow of vapor that may occur due to 
unforeseen circumstances. Vapor-venting requirements deal with the 
operation of vapor vents in response to temperature and pressure 
changes both inside and outside of a tank. Pressure normally 
accumulates inside most production or breakout storage tanks that 
contain various types of hazardous liquid. The new edition of this 
standard provides more information on equipment that stabilizes 
pressure within the tank by venting or depressurizing once the pressure 
within the tank reaches a certain level. The vapor-venting requirements 
in this standard elaborate on pipeline owners' obligations, including 
providing vapor-venting equipment guidelines.
    [Replaces ANSI/API Std 2000, ``Venting Atmospheric and Low-pressure 
Storage Tanks,'' 6th edition, November 2009; Referenced in 49 CFR 
195.264(e).]
     API Std 2350, ``Overfill Prevention for Storage Tanks in 
Petroleum Facilities,'' 5th Edition, September 1, 2020, including 
Errata 1 (April 2021).
    This standard is intended for storage tanks associated with 
facilities that receive flammable and combustible petroleum liquids, 
such as refineries, marketing terminals, bulk plants, and pipeline 
terminals. It addresses minimum overfill and damage-prevention 
practices for aboveground storage tanks in petroleum facilities, 
including refineries, marketing terminals, bulk plants, and pipeline 
terminals that receive flammable and combustible liquids.
    [Replaces API RP 2350, 3rd Edition (January 2005): Overfill 
Protection for Storage Tanks in Petroleum Facilities (API RP 2350); 
Referenced in 49 CFR 195.428(c).]

C. ASME

     ASME B31.8-2018, ``Gas Transmission and Distribution 
Piping Systems,'' November 20, 2018.
    This standard covers safety requirements associated with the 
design, fabrication, installation, inspection, testing, and operation 
and maintenance of pipeline facilities used for the transportation of 
natural gas and liquefied petroleum gases when they are vaporized and 
used as gaseous fuels.
    [Replaces ASME/ANSI B31.8-2007, ``Gas Transmission and Distribution 
Piping Systems,'' November 30, 2007; Referenced in 49 CFR 192.112(b); 
192.619(a); 192.911(m); 195.5(a); and 195.406(a).]
     ASME B31.8S-2018, ``Managing System Integrity of Gas 
Pipelines,'' November 28, 2018.
    ASME B31.8S describes the foundations for an effective integrity 
management (IM) program for gas transmission pipelines. Along with 
subpart O of part 192, ASME B31.8S provides the essential features of 
an integrity management program. Section 3.2 of B31.8S addresses the 
potential impact factor for gases other than standard quality natural 
gas that may be transported through a gas transmission pipeline. Other 
sections are as follows: Section 4--Gathering, Reviewing and 
Integrating Data; Section 5--Risk Assessment and Reassessment 
Intervals; Section 6.2--Selection of In-line Inspection Tools (ILI); 
Section 6.4--Direct Assessment Requirements for External Corrosion and 
Internal Corrosion; Section 7--Remediation Schedule and Immediate 
Repair Requirements; Section 9--Performance Plan and Program 
Effectiveness; Section 10--Communications Plan; Section 11--Management 
of Change Process; Section 12--Quality Assurance Process; Appendix A--
Data Requirements of Each Threat; Appendix A3--Direct Assessment 
Requirements for the Stress Corrosion Cracking (SCC) Threat; Appendix 
4.3 and 4.4--Criteria and Risk Assessment and Integrity Assessment for 
the Manufacturing Threat; and Appendix A7--Criteria and Risk Assessment 
and Integrity Assessment, Response, and Mitigation and Performance 
Measures for the Third Party Damage Threat.
    [Replaces ASME/ANSI B31.8S-2004 ``Supplement to B31.8 on Managing 
System Integrity of Gas Pipelines,'' January 14, 2005; Referenced in 49 
CFR 192.13(d); 192.712(b); 192.714(c); 192.903; 192.907; 192.907(b); 
192.911; 192.911(i), and (k) through (m); 192.913(a) through (c); 
192.917(a) through (e); 192.921(a); 192.923(b); 192.925(b); 192.933(c); 
192.935(b); 192.937(c); 192.939(a); and 192.945(a).]
    As explained in section IV.C. above, PHMSA will retain existing 
references to the 2004 version of ASME B31.8S within Sec. Sec.  
192.714(d), and 192.933(d)(1) and (d)(2)(iv).
     ASME B36.10M-2018 ``Welded and Seamless Wrought Steel 
Pipe,'' October 12, 2018.
    ASME B36.10M specifies standards for dimensions of welded and 
seamless wrought steel pipe for high or low temperatures and pressures. 
This standard replaces the current reference in Sec.  192.279 to Table 
C1 of ASME/ANSI B16.5. The 2003 and subsequent editions of ASME/ANSI 
B16.5 remove Table C1; that information is now in ASME B36.10M-2018. 
Therefore, PHMSA is revising Sec.  192.279 to replace the phrase 
``listed in Table C1 of ASME/ANSI B16.5'' with ``listed in ASME 
B36.10M.''

[[Page 33273]]

    [Replaces Table C1 of ASME/ANSI B16.5; Referenced in 49 CFR 
192.279.]

D. ASTM International

     ASTM A53/A53M-20, ``Standard Specification for Pipe, 
Steel, Black, and Hot-Dipped, Zinc-Coated, Welded and Seamless,'' July 
1, 2020.
    ASTM A53/A53M specifies the design for seamless and welded black 
and hot-dipped galvanized steel pipe in nominal pipe size (NPS) \1/8\ 
to NPS 26. The standard also specifies requirements for tests of 
material properties, hydrostatic tests, and non-destructive tests.
    [Replaces ASTM A53/A53M-10, ``Standard Specification for Pipe, 
Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless,'' 
October 1, 2010; Referenced in 49 CFR 192.113; Section II of Appendix B 
in part 192; and 195.106(e).]
     ASTM A106/A106M-19A, ``Standard Specification for Seamless 
Carbon Steel Pipe for High-Temperature Service,'' November 1, 2019.
    ASTM A106/A106M specifies standards for seamless carbon steel pipe 
appropriate for high-temperature service. Pipe meeting this 
specification is suitable for bending, flanging, and welding. The 
updates added since the 2010 edition currently incorporated by 
reference include clarifying the supplementary requirements in the 
ordering information, as well as the definition of single or double 
random lengths of pipe with single random joints allowed from 17 to 24-
foot lengths and double random joints being between 36 and 44 feet.
    [Replaces ASTM A106/A106M-10, ``Standard Specification for Seamless 
Carbon Steel Pipe for High-Temperature Service,'' October 1, 2010; 
Referenced in 49 CFR 192.113; Section I of Appendix B in part 192; and 
195.106(e).]
     ASTM A333/A333M-18, ``Standard Specification for Seamless 
and Welded Steel Pipe for Low-Temperature Service and Other 
Applications with Required Notch Toughness,'' November 1, 2018.
    ASTM A333/A333M specifies standards for nominal (average) wall 
seamless and welded carbon and alloy steel pipe intended for use at low 
temperatures. The standard addresses chemical, tensile strength, 
mechanical testing, and other requirements.
    [Replaces ASTM A333/A333M-11, ``Standard Specification for Seamless 
and Welded Steel Pipe for Low-Temperature Service,'' April 1, 2011; 
Referenced in 49 CFR 192.113; Section I of Appendix B in part 192; and 
49 CFR 195.106(e).]
     ASTM A381/A381M-18, ``Standard Specification for Metal-
Arc-Welded Carbon or High-Strength Low-Alloy Steel Pipe for Use with 
High-Pressure Transmission Systems,'' November 1, 2018.
    ASTM A381/A381M specifies standards for straight seam, double-
submerged arc-welded steel pipe (commonly referred to as DSAW pipe as 
opposed to spiral-welded or electric-resistance-welded pipe) that is 
intended for the fabrication of fittings and accessories for compressor 
or pump-station piping and is suitable for high-pressure service at 
outside diameters of 16 inches or greater.
    [Replaces ASTM A381-96, ``Standard Specification for Metal-Arc 
Welded Steel Pipe for Use with High-Pressure Transmission Systems,'' 
reaffirmed October 1, 2005; Referenced in 49 CFR 192.113; Section I of 
Appendix B in part 192; and 195.106(e).]
     ASTM A671/A671M-20, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures,'' 
March 1, 2020.
    ASTM A671/A671M specifies the design, fabrication, and testing 
requirements for electric-fusion-welded (as opposed to arc-welded) 
steel pipe with added filler metal. Specifically, the specification 
applies to pipe fabricated from pressure vessel quality steel plates 
suitable for use at high pressures at atmospheric and lower 
temperatures.
    [Replaces ASTM A671/A671M-10, ``Standard Specification for 
Electric-Fusion-Welded Steel Pipe for Atmospheric and Lower 
Temperatures,'' April 1, 2010; Referenced in 49 CFR 192.113; Section I 
of Appendix B in part 192; and 195.106(e).]
     ASTM A691/A691M-19, ``Standard Specification for Carbon 
and Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure Service 
at High Temperatures,'' November 1, 2019.
    ASTM A691/A691M specifies the design, composition, fabrication, and 
testing of carbon and alloy steel pipe.
    [Replaces ASTM A691/A691M-09, ``Standard Specification for Carbon 
and Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure Service 
at High Temperatures,'' October 1, 2009; Referenced in 49 CFR 192.113; 
Section I of Appendix B in part 192; and 49 CFR 195.106(e).]

E. The Manufacturers Standardization Society of the Valve and Fittings 
Industry, Inc.

     ANSI/MSS SP-44-2019, ``Steel Pipeline Flanges,'' April 
2020.
    MSS SP-44 covers pressure-temperature ratings, materials, 
dimensions, tolerances, marking, and testing of steel pipeline flanges.
    [Replaces MSS SP-44-2010, ``Standard Practice, Steel Pipeline 
Flanges,'' 2010 edition, including Errata (May 20, 2011); Referenced in 
49 CFR 192.147(a).]
     MSS SP-75-2019, ``High-Strength, Wrought, Butt-Welding 
Fittings,'' December 2019.
    MSS SP-75 specifies requirements for factory-made, seamless, and 
electric-welded carbon and low-alloy steel butt-welding fittings. MSS 
SP-75 is applicable to fittings used in high-pressure gas and oil 
transmission and distribution systems, including pipelines, compressor 
stations, metering and regulating stations, and mains.
    [Replaces MSS SP-75-2008, ``Specification for High Test, Wrought, 
Butt-Welding Fittings,'' June 1, 2009; Referenced in 49 CFR 
195.118(a).]

F. National Fire Protection Association (NFPA)

     NFPA 58, ``Liquefied Petroleum Gas Code,'' 2020 edition, 
August 25, 2019.
    NFPA 58 specifies requirements for the ``storage, handling, 
transportation, and use of liquefied petroleum gas.'' The PSRs require 
any plant that supplies liquefied petroleum to a pipeline system and 
any pipeline system that transports only petroleum gas or petroleum gas 
mixtures to meet the requirements of NFPA 58 in addition to the 
requirements of part 192.
    [Replaces NFPA 58, ``Liquefied Petroleum Gas Code,'' 2004 edition, 
April 1, 2004; Referenced in 49 CFR 192.7; and 192.11(a) through (c).]
     NFPA 59, ``Utility LP-Gas Plant Code,'' 2018 edition, 
September 6, 2017.
    NFPA 59 specifies the design, construction, location, installation, 
operation, and maintenance of utility gas plants. Compared to NFPA 58, 
NFPA 59 generally covers larger facilities.
    [Replaces NFPA 59, ``Utility LP-Gas Plant Code,'' 2004 edition, 
April 1, 2004; Referenced in 49 CFR 192.11(a) through (c).]
     NFPA 70, ``National Electrical Code,'' 2017 edition, 
August 24, 2016.
    NFPA 70, also known as the National Electrical Code (NEC), covers 
the installation and removal of electrical equipment, conductors, and 
conduits in structures and outdoor areas. The NEC is a foundational 
standard for electrical safety in residential, commercial, and 
industrial implementations.
    [Replaces NFPA 70, ``National Electrical Code,'' 2011 edition 
(September 24, 2010); Referenced in 49 CFR 192.163(e) and 192.189(c).]

G. Miscellaneous Amendments

    PHMSA is also incorporating miscellaneous editorial amendments and 
corrections to the PSRs. Some of

[[Page 33274]]

these revisions respond to a petition for rulemaking from the AGA. In 
addition to petitioning PHMSA to incorporate the most recent edition of 
NFPA 59 by reference, the AGA suggested edits to 49 CFR 192.11 that 
would clarify the scope of NFPA 58 and NFPA 59. The PSRs currently 
require operators of liquefied petroleum pipeline facilities to meet 
the requirements of both NFPA 58 and NFPA 59, but the change clarifies 
that operators must only satisfy the requirements for the NFPA standard 
that, based on the scope and applicability statements in NFPA 58 and 
NFPA 59, is applicable to the type of facility they operate. Generally, 
NFPA 58 applies to liquefied petroleum pipeline systems and NFPA 59 to 
utility-scale liquefied petroleum gas plants. PHMSA has considered this 
proposed clarification and is adopting the recommended editorial 
revision to 49 CFR 192.11 in this final rule.
    Another revision recommended by AGA and which PHMSA adopts in this 
final rule corrects the minimum wall thickness tables in 49 CFR 192.121 
for plastic pipe that is made of polyethylene (PE), polyamide (PA) 
PA11, and PA12 to include specifications for pipe with a copper tubing 
sizes (CTS) of 1\1/4\ inches and to correct the minimum wall thickness 
for 1-inch CTS pipe. The minimum wall thickness--and, more 
specifically, the dimension ratio, which is the ratio of outside 
diameter to wall thickness--is consistent with values already specified 
for adjacent sizes. Plastic pipe, especially PE, is very common on gas 
distribution systems. On November 20, 2018, PHMSA published a final 
rule that allowed plastic pipe to operate with a design factor (a 
derating factor) of 0.4 rather than 0.32 as long as it met various 
requirements, including a minimum wall thickness that matched the 
definitions in the tables in 49 CFR 192.121.\20\ As described in that 
2018 final rule and its supporting RIA, as well as the AGA's petition 
for rulemaking, the revised design factor allows the use of 
approximately 17 percent less material or 11 percent higher capacity 
for a given outside specification.
---------------------------------------------------------------------------

    \20\ PHMSA, ``Pipeline Safety: Plastic Pipe Rule--Final Rule,'' 
83 FR 58694 (Nov. 20, 2018).
---------------------------------------------------------------------------

    The NPRM included listings for copper tubing sizes (CTS) of \1/2\ 
and \3/4\ inches for polyethylene (PE) pipe. In response to comments, 
PHMSA included CTS sizes for polyamide (PA) PA11 and PA12 pipe, as well 
as iron pipe sizes (IPS) below 1 inch for all materials. However, 
stakeholders subsequently requested that PHMSA also consider including 
1\1/4\-inch CTS. This amendment allows the use of 1\1/4\-inch CTS pipe 
with a 0.4 design factor provided that the pipe wall is at least 0.121 
inches thick. A wall thickness of 0.121 corresponds to a dimension 
ratio of approximately 11, which is the same standard dimension ratio 
(SDR) that is currently permitted for 1\1/4\-inch IPS, 1-inch CTS, and 
1-inch IPS. This change reduces the cost to produce this size of 
plastic pipe by approximately 10 percent. The revised design factor is 
already permitted for similar, adjacent sizes such as 1\1/4\-inch IPS 
pipe, and it was not PHMSA's intent to exclude specifications such as 
1\1/4\-inch CTS. The costs and benefits of this change were accounted 
for in the RIA for the 2018 final rule.
    PHMSA also adopts in this final rule other technical and editorial 
revisions proposed in the NPRM, including the following:
     Updating reference to PHMSA's website (https://portal.phmsa.dot.gov/) in Sec.  195.58;
     Copying the definition for a master meter system that is 
used in part 191 to part 192. The term ``master meter system'' is 
referenced in both part 191 and part 192; however, it is only defined 
in Sec.  191.3 of part 191. This rule adds the definition to Sec.  
192.3 of part 192;
     Clarifying reference to flange requirements in Sec.  
192.147(a) to specify that flanges must meet ASME B16.5, ANSI/MSS SP-
44, or the equivalent;
     Correcting the placement of the word ``in'' in Sec.  
192.153(d);
     Removing a reference to an inactive phone number for the 
National Pipeline Mapping System (NPMS) program in Sec.  192.727(g) and 
195.59(a);
     Removing references to Sec.  195.242(c) and (d) in Sec.  
195.1(c) because this section no longer exists in the regulations;
     Correcting Sec.  195.3(c)(3) to reflect that ASME B31.4 is 
no longer referenced in Sec.  195.452(h); and
     Revising Sec.  192.307(c) references to API 650 sections 
7.3.5 and 7.3.6 because the testing requirements were moved to sections 
7.3.6 and 7.3.7, respectively, in the updated edition of API 650.

VI. Regulatory Analyses and Notices

Summary/Legal Authority for This Rule

    This final rule is published under the authority of the Secretary 
of Transportation delegated to the PHMSA Administrator pursuant to 49 
CFR 1.97. Among the statutory authorities delegated to PHMSA are those 
set forth in the Federal pipeline safety statutes (49 U.S.C. 60101 et 
seq.). 49 U.S.C. 60102 grants authority, to the extent appropriate and 
practicable, to the Secretary to update incorporated, voluntary, 
consensus industry technical standards that were adopted as part of the 
PSRs to protect public safety and the environment.
    This final rule incorporates by reference more than 20 updated 
industry standards. In addition, this final rule makes several other 
minor clarifying and editorial changes to the PSRs.

Executive Orders 12866 and 14094; DOT Regulatory Policies and 
Procedures

    Executive Order 12866 (``Regulatory Planning and Review''), as 
amended by Executive Order 14094 (``Modernizing Regulatory Review''), 
requires that agencies ``should assess all costs and benefits of 
available regulatory alternatives, including the alternative of not 
regulating.'' \21\ Agencies should consider both quantifiable measures 
and qualitative measures of costs and benefits that are difficult to 
quantify. Further, Executive Order 12866 requires that agencies 
``should select those [regulatory] approaches that maximize net 
benefits (including potential economic, environmental, public health 
and safety, and other advantages, as well as distributive impacts and 
equity), unless a statute requires another regulatory approach.'' 
Similarly, DOT Order 2100.6A (``Rulemaking and Guidance Procedures'') 
requires PHMSA and other DOT operating administrations to consider an 
assessment of the potential benefits, costs, and other important 
impacts of the proposed action; they should also quantify (to the 
extent practicable) the benefits, costs, and any significant 
distributional impacts, including any environmental impacts.
---------------------------------------------------------------------------

    \21\ Executive Order 12866 is available at 58 FR 51735 (Oct. 4, 
1993); Executive Order 14094 is available at 88 FR 21879 (Apr. 6, 
2023).
---------------------------------------------------------------------------

    Executive Order 12866 (as amended by Executive Order 14094) and DOT 
Order 2100.6A require that PHMSA submit ``significant regulatory 
actions'' to the OMB for review. However, this final rule is not 
considered a significant regulatory action under Executive Order 12866 
and, therefore, was not subject to review by the OMB. Further, the DOT 
considers this final rule to be non-significant pursuant to DOT Order 
2100.6A.
    In accordance with the NTTAA and OMB Circular A-119, PHMSA 
constantly reviews new editions and revisions to relevant voluntary, 
consensus industry technical standards, and publishes a proposed rule 
every two to three years to incorporate new or updated industry 
standards by

[[Page 33275]]

reference. This practice is consistent with the intent of the NTTAA and 
OMB directives to avoid the need to develop government standards that 
could potentially result in regulatory conflicts with updated standards 
and an increased compliance burden for industry.
    PHMSA expects that the changes to the PSRs described in this final 
rule will result in unquantified public safety and environmental 
benefits associated with the updated industry standards. Although, as 
discussed above, many of the changes within the updated industry 
standards for incorporation within the PSRs are editorial revisions or 
clarifications, others consist of substantive changes that reflect 
advancements in the state of knowledge (based on developments in 
technology, testing, materials, and practical experience memorialized 
within operational and management practices) compared to earlier 
versions of the same standards. PHMSA's technical review of those 
updated industry standards concluded that their incorporation would 
enhance the protection of public safety and the environment.
    Further, PHMSA expects the administrative burden for stakeholders 
stemming from the incorporation of these updated industry standards 
will be negligible and the net economic benefits will be high. 
According to the annual reports that operators submit to PHMSA, there 
are more than 2,813 entities operating distribution systems and 
facilities for gas and hazardous liquid (as well as carbon dioxide) 
pipeline facilities subject to part 192 or 195 as of May 23, 2021. In 
fact, updates to industry standards are generally accepted and followed 
on a voluntary basis throughout most of the pipeline industry. PHMSA 
understands that the majority of pipeline operators already purchase 
and voluntarily apply industry standards--including the updated 
industry standards that are the subject of this rulemaking--within 
their ordinary business practices. Incorporation of the updated 
industry standards within the PSRs will help ensure the industry is not 
forced to incur the additional cost of complying with different 
versions of the same standards.
    In addition to incorporating updated industry standards into the 
PSRs, PHMSA is adopting non-substantive editorial changes and 
clarifications of certain provisions of regulatory language. Since 
these editorial changes are minor, this final rule will not require 
pipeline operators to undertake significant new pipeline safety 
initiatives and would have negligible cost implications. The non-
substantive changes will increase the clarity of the pipeline safety 
regulations, thereby improving compliance and helping to ensure the 
safety of the Nation's pipeline systems.

Executive Order 13132: Federalism

    PHMSA analyzed this final rule in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism'') \22\ 
and the Presidential Memorandum titled ``Preemption.'' \23\ Executive 
Order 13132 requires agencies to ensure meaningful and timely input by 
State and local officials regarding the development of regulatory 
policies that may have ``substantial direct effects on the States, on 
the relationship between the national government and the States, or on 
the distribution of power and responsibilities among the various levels 
of government.''
---------------------------------------------------------------------------

    \22\ 64 FR 43255 (Aug. 10, 1999).
    \23\ 74 FR 24693 (May 22, 2009).
---------------------------------------------------------------------------

    The regulatory amendments in this final rule will not have a 
substantial direct effect on State or local governments; the 
relationship between the national government and the States; or the 
distribution of power and responsibilities among the various levels of 
government. In addition, this rule will not impose substantial direct 
compliance costs on State or local governments. While the final rule's 
revisions may operate to preempt some State requirements, it will not 
impose any regulation that has substantial direct effects on the 
States; the relationship between the national government and the 
States; or the distribution of power and responsibilities among the 
various levels of government.
    Section 60104(c) of the Federal pipeline safety laws prohibits 
State safety regulation of interstate pipelines. Under the Federal 
pipeline safety laws, States that have submitted a current 
certification under 49 U.S.C. 60105(a) must adopt the minimum Federal 
pipeline safety requirements for intrastate pipelines and may adopt 
additional or more stringent requirements so long as they are 
compatible. A State may also regulate an intrastate pipeline facility 
that PHMSA does not regulate.
    In this instance, the preemptive effect of the final rule is 
limited to the minimum level necessary to achieve the objectives of the 
Federal pipeline safety laws. Therefore, PHMSA has determined that the 
consultation and funding requirements of Executive Order 13132 do not 
apply to this final rule.

Executive Order 13175: Consultation and Coordination With Indian Tribal 
Governments

    PHMSA analyzed this final rule according to the principles and 
criteria in Executive Order 13175 (``Consultation and Coordination with 
Indian Tribal Governments'') \24\ and DOT Order 5301.1A (``Department 
of Transportation Tribal Consultation Policy and Procedures''). 
Executive Order 13175 requires agencies to ensure meaningful and timely 
input from Tribal government representatives during the development of 
rules that significantly or uniquely affect Tribal communities by 
imposing ``substantial direct compliance costs'' or ``substantial 
direct effects'' on such communities, or the relationship or 
distribution of power between the Federal Government and Tribes.
---------------------------------------------------------------------------

    \24\ 65 FR 67249 (Nov. 6, 2000).
---------------------------------------------------------------------------

    PHMSA assessed the impact of the final rule's revisions and 
concluded that they will not significantly or uniquely affect Tribal 
communities or Tribal governments. The rule's regulatory amendments are 
facially neutral and will have broad, national scope; PHMSA, therefore, 
does not expect this rule would significantly or uniquely affect Tribal 
communities, much less that it will impose substantial compliance costs 
on Native American Tribal governments or mandate Tribal action. Insofar 
as PHMSA expects that the rule will improve safety and reduce 
environmental risks, PHMSA finds that it will not entail 
disproportionately high adverse risks for Tribal communities. 
Therefore, PHMSA concludes that the funding and consultation 
requirements of Executive Order 13175 and DOT Order 5301.1A do not 
apply.

Regulatory Flexibility Act and Executive Order 13272

    The Regulatory Flexibility Act, as amended by the Small Business 
Regulatory Flexibility Fairness Act of 1996 (5 U.S.C. 601 et seq.), 
generally requires Federal agencies to prepare a final regulatory 
flexibility analysis for a final rule subject to notice-and-comment 
rulemaking under the Administrative Procedure Act. 5 U.S.C. 603(a).\25\ 
Executive Order 13272 (``Proper Consideration of Small Entities in

[[Page 33276]]

Agency Rulemaking'') \26\ obliges agencies to establish procedures 
promoting compliance with the Regulatory Flexibility Act; DOT's 
implementing guidance is available on its website.\27\
---------------------------------------------------------------------------

    \25\ Agencies are not required to conduct a regulatory 
flexibility analysis if the head of the agency certifies that the 
rule will not have a significant impact on a substantial number of 
small entities. 5 U.S.C. 605.
    \26\ 67 FR 53461 (Aug. 16, 2002).
    \27\ DOT, ``Rulemaking Requirements Concerning Small Entities,'' 
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last updated May 18. 2012).
---------------------------------------------------------------------------

    This final rule was developed in accordance with Executive Order 
13272 and DOT guidance to ensure compliance with the Regulatory 
Flexibility Act and provide appropriate consideration of the potential 
impacts of the rulemaking on small entities. PHMSA has concluded that 
the costs of incorporating these updated voluntary, consensus industry 
technical standards within the PSRs will be negligible. PHMSA 
understands that updates to industry standards are generally accepted 
and followed on a voluntary basis throughout most of the pipeline 
industry; the majority of pipeline operators already purchase and 
voluntarily apply industry standards--including the updated standards 
that are the subject of this rulemaking--within their ordinary business 
practices. Further, incorporating such standards by reference helps to 
ensure that the industry is not forced to comply with competing 
versions of the same industry standards. Similarly, PHMSA does not 
expect the miscellaneous editorial and clarifying revisions in this 
rulemaking will impose meaningful compliance costs on operators. 
Therefore, based on the available information regarding the anticipated 
impact of this final rule, PHMSA certifies that this rule will not have 
a significant economic impact on a substantial number of small 
entities.

Paperwork Reduction Act

    Pursuant to 5 CFR 1320.8(d), PHMSA is required to provide 
interested members of the public and affected agencies with an 
opportunity to comment on information collection and recordkeeping 
requests. In accordance with 5 CFR 1320.8(d), PHMSA analyzed this final 
rule in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), which establishes policies and procedures for 
controlling paperwork burdens imposed by Federal agencies on the public 
and requires Federal agencies to minimize the burden of paperwork 
imposed on the U.S. public by ensuring maximum utility and quality of 
Federal information. This allowed for the use of information technology 
to improve the Federal Government's performance and accountability 
regarding the management of information-collection activities. This 
final rule does not impose any new information-collection requirements 
or modify any existing information-collection requirements.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act (2 U.S.C. 1501 et seq.) requires 
agencies to assess the effects of Federal regulatory actions on State, 
local, and Tribal governments, and the private sector. For any NPRM or 
final rule that includes a Federal mandate that may result in the 
expenditure by State, local, or Tribal governments, in an aggregate of 
$100 million or more (in 1996 dollars) in any given year, the agency 
must prepare, among other things, a written statement that 
qualitatively and quantitatively assesses the costs and benefits of the 
Federal mandate.
    As explained in the above discussion of Executive Order 12866, 
PHMSA does not expect that the final rule will impose enforceable 
duties of $100 million or more (in 1996 dollars) in any one year on 
either State, local, or Tribal governments or on the private sector. 
Therefore, the requirement to prepare a statement pursuant to Unfunded 
Mandates Reform Act does not apply.

Privacy Act Statement

    In accordance with 5 U.S.C. 553(c), the DOT solicits comments from 
the public to better inform its rulemaking process. The DOT posts these 
comments without edit, including any personal information the commenter 
provides, to https://www.regulations.gov/. This is described in the 
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at 
https://www.dot.gov/privacy.

Regulation Identifier Number

    A regulation identifier number (RIN) is assigned to each regulatory 
action listed in the Unified Agenda of Regulatory and Deregulatory 
Actions (Unified Agenda). The RIN contained in the heading of this 
document can be used to cross-reference this action with the Unified 
Agenda.

Final Environmental Assessment

    The National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 
et. seq.) requires Federal agencies to prepare a detailed statement on 
major Federal actions that significantly affect the quality of the 
human environment. The Council on Environmental Quality's implementing 
regulations (40 CFR parts 1500-1508) require Federal agencies to 
conduct an environmental review that considers (1) the need for the 
action; (2) alternatives to the action; (3) the probable environmental 
impacts of the action and alternatives; and (4) the agencies and 
individuals consulted during the consideration process. DOT Order 
5610.1C (``Procedures for Considering Environmental Impacts'') 
establishes departmental procedures for the evaluation of environmental 
impacts under NEPA and its implementing regulations. In this final 
rule, PHMSA incorporates more than 20 updated industry standards.
    PHMSA has completed an Environmental Assessment and concluded that 
an environmental impact statement will not be required for this 
rulemaking because it will not have a significant impact on the human 
environment. To the extent that the final rule will impact the 
environment, those impacts will be primarily beneficial impacts 
enhancing the PSR's protection of public safety and the environment by 
incorporating updated industry standards.
    Description of Action: The NTTAA directs Federal agencies to use 
industry standards and design specifications developed by voluntary 
consensus standard bodies instead of government-developed standards, 
when applicable. There are currently more than 80 standards 
incorporated in parts 192, 193, and 195 of the PSRs.
    PHMSA engineers and subject matter experts participate on 25 
standards development committees to keep current on committee actions. 
PHMSA only adopts standards into the Federal regulations that meet the 
Agency's directive(s) to ensure the best interests of public and 
environmental safety are served.
    Purpose and Need: Many of the industry standards currently 
incorporated in the PSRs have been revised and updated to incorporate 
and promote new technologies and methodologies. This final rule allows 
operators to use new technologies by incorporating new editions of the 
standards into the PSRs.
    PHMSA's technical and subject matter experts continually review the 
actions of pipeline standards-developing committees and study industry 
safety practices to ensure that PHMSA's endorsement of any new editions 
or revised industry standards incorporated into the PSRs will improve 
public safety and provide protection for the environment. If PHMSA does 
not amend the PSRs to keep up with industry practices, it could 
potentially have an adverse effect on the safe transportation of energy 
resources.
    These amendments make the regulatory provisions more consistent 
with current technology and therefore

[[Page 33277]]

promote the safe transportation of hazardous liquids, natural and other 
gases, and liquefied natural gas by pipeline.
    Alternatives Considered: In developing this final rule, PHMSA 
considered two alternatives:
    Alternative (1): Take no action and continue to incorporate only 
the existing standards currently referenced in the PSRs. Because 
PHMSA's goal is to facilitate pipeline safety and incorporate 
appropriate and up-to-date industry standards, PHMSA rejected the no-
action alternative. This alternative potentially results in forgoing 
the safety and environmental improvements in the updated standards.
    Selected Alternative (2): Adopt the above-described amendments and 
incorporate updated editions of industry standards as described in the 
NPRM and this final rule, including cited material. This is the 
selected alternative. PHMSA's goal is to incorporate updated editions 
of industry standards by reference into the PSRs when appropriate to 
facilitate pipeline operators to use current technology, new materials, 
and other management practices. Another goal is to update and clarify 
certain provisions in the regulations.
    Environmental Consequences: The Nation's pipelines are located 
throughout the United States, both onshore and offshore, and traverse a 
variety of environments that range from highly populated urban sites to 
remote, unpopulated, rural areas and ecologically sensitive 
environments. The Federal pipeline regulatory system is a risk-
management system that is prevention-oriented and focused on 
identifying safety hazards and reducing the likelihood and quantity of 
a gas or hazardous liquid (or carbon dioxide) release. Pipeline 
operators are required to develop and implement IM programs to enhance 
safety by identifying and reducing pipeline integrity risks.
    Pipelines subject to this final rule transport hazardous liquids 
(as well as carbon dioxide) and gas, and therefore, a spill or leak of 
the product could affect the physical environment as well as the health 
and safety of the public. The release of hazardous liquids (as well as 
carbon dioxide) or gas can cause the loss of cultural and historical 
resources (e.g., properties listed on the National Register of Historic 
Places); biological and ecological resources (e.g., coastal zones, 
wetlands, plant and animal species and their habitats, forests, 
grasslands, or offshore marine ecosystems); special ecological 
resources (e.g., threatened and endangered plant and animal species and 
their habitats, national and State parklands, biological reserves, or 
wild and scenic rivers); and the contamination of air, water resources 
(e.g., oceans, streams, or lakes), and soil that exists directly 
adjacent to and within the vicinity of pipelines. Incidents involving 
pipelines can result in fires and explosions, causing damage to the 
local environment. Depending on the size of a spill, carbon dioxide 
release, or gas leak, and the nature of the failure zone, the potential 
impacts could vary from property or environmental damage, to injuries 
or, on rare occasions, fatalities.
    Compliance with the PSRs substantially reduces the possibility of 
an accidental release of product. Incorporating new industry standards 
or updating those already incorporated into the PSRs can provide 
operators with the advantages and added safety that can accompany the 
use of newer technologies. These standards are based on the shared 
knowledge and experience of owners, operators, manufactures, risk-
management experts, and others involved in the pipeline industry, as 
well as regulatory agencies like PHMSA and state DOTs. PHMSA staff 
actively participates in the standards development process to ensure 
that each incorporated standard will enhance pipeline safety and 
environmental protection. Newer editions are not automatically 
incorporated, but instead reviewed in detail before they may be 
incorporated into the PSRs.
    PHMSA reviewed each of the standards described in this rule and 
determined that most of the updates involve minor changes, such as 
editorial changes, the inclusion of best practices, or similar changes. 
The majority of updates incorporated in this final rule increase 
pipeline safety standards to decrease risk. In a small number of 
instances, standards organizations relax standards to reduce industry 
burden when justified by low risk, overlapping protections, or 
technological innovation within the same standard. Provisions that 
allow for relaxation are the less-conservative-design sloshing wave-
height calculations in the revised edition of API Std 650; the 
provisions in the 21st edition of API Std 1104 that allow welders who 
are qualified in a fixed position to also be qualified to weld in the 
roll position; and the elimination of the need to calculate evaporation 
rates in the 7th edition of API Std 2000. PHMSA has determined that 
each of these updates maintains and provides adequate protection 
against applicable risks, and that the safety improvements elsewhere in 
API Std 650, API Std 1104, and API Std 2000 offset these changes.
    Environmental Justice: Executive Order 12898 (``Federal Actions to 
Address Environmental Justice in Minority Populations and Low-Income 
Populations''),\28\ directs Federal agencies to take appropriate and 
necessary steps to identify and address disproportionately high and 
adverse effects of Federal actions on the health or environment of 
minority and low-income populations ``[t]o the greatest extent 
practicable and permitted by law.'' DOT Order 5610.2C (``U.S. 
Department of Transportation Actions to Address Environmental Justice 
in Minority Populations and Low-Income Populations'') establishes 
departmental procedures for effectuating Executive Order 12898 by 
promoting and fully considering the principles of environmental justice 
throughout the planning and decision-making process when developing 
programs, policies, and activities--including PHMSA rulemaking.
---------------------------------------------------------------------------

    \28\ 59 FR 7629 (Feb. 16, 1994).
---------------------------------------------------------------------------

    PHMSA evaluated this final rule according to DOT Order 5610.2C and 
Executive Order 12898 and has determined that it will not cause 
disproportionately high and adverse human health and environmental 
effects on minority populations and low-income populations. The final 
rule is national in scope; it is neither directed toward a particular 
population, region, or community, nor is it expected to adversely 
impact any particular population, region, or community. Indeed, because 
this rule will generally reduce safety and environmental risks, PHMSA 
understands the regulatory amendments will reduce any disproportionate 
human health and environmental risks for minority populations, low-
income populations, or other underserved and disadvantaged communities 
in the vicinity of pipelines within the scope of the rule's amendments. 
Lastly, the regulatory amendments will yield reductions in greenhouse 
gas emissions, thereby reducing the risks posed by anthropogenic 
climate change to minority and low-income populations, and historically 
underserved and other traditionally disadvantaged populations and 
communities.
    The above findings are also consistent with E.O. 14096 
(``Revitalizing Our Nation's Commitment to Environmental Justice for 
All'') \29\ by achieving several goals, including continuing to deepen 
the Biden-Harris Administration's whole of government approach to

[[Page 33278]]

environmental justice and to better protect overburdened communities 
from pollution and environmental harms.
---------------------------------------------------------------------------

    \29\ 88 FR 25251 (April 26, 2023).
---------------------------------------------------------------------------

    Public Involvement: On October 21, 2021, PHMSA held a virtual 
public meeting to discuss periodic standards updates and inform this 
rulemaking. During this meeting, members of the public, Tribal 
government and Tribal advocacy representatives, State pipeline safety 
program representatives, pipeline safety advocacy groups, first 
responders and emergency response organizations, and industry experts 
provided information and feedback on a variety of topics, including 
current regulations, public perspectives, and public comments from the 
NPRM. The meeting included many opportunities for questions and public 
input. PHMSA also opened a docket in coordination with the public 
meeting to receive additional input during and in response to the 
meeting, which can be found at: https://www.regulations.gov/docket/PHMSA-2021-0069. The full transcripts of the meeting can be found at: 
https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=156.
    Conclusion--Finding of No Significant Impact (FONSI): Based on the 
analysis summarized in this Final Environmental Assessment, the 
analysis provided in the NPRM, this final rule, and accompanying 
documents in Docket No. PHMSA-2016-0002, PHMSA finds that the final 
rule does not result in a significant impact on the human or natural 
environment. Overall, the final rule is expected to have a positive 
environmental impact by incorporating industry standards that will 
allow the pipeline industry to use improved technologies, new 
materials, performance-based approaches, manufacturing processes, and 
other practices to enhance public health, safety, and welfare. PHMSA's 
goal is to ensure hazardous liquids, natural and other gases, and 
liquefied natural gas transported by pipeline will arrive safely to 
their destinations. In accordance with NEPA, PHMSA solicited comments 
on the environmental and safety impacts of the proposed rule. All 
comments received during this period were addressed in the final rule. 
None of the comments concerned the environmental assessment specified 
in the proposed rule. Therefore, PHMSA is issuing a Finding of No 
Significant Impact (FONSI) thus concluding the NEPA process for this 
rulemaking.

Executive Order 13211: Significant Energy Actions

    Executive Order 13211 (``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'') \30\ 
requires Federal agencies to prepare a Statement of Energy Effects for 
any ``significant energy action.'' Executive Order 13211 defines a 
``significant energy action'' as any action by an agency (normally 
published in the Federal Register) that promulgates or is expected to 
lead to the promulgation of a final rule or regulation that (1)(i) is a 
significant regulatory action under Executive Order 12866 or any 
successor order, and (ii) is likely to have a significant adverse 
effect on the supply, distribution, or use of energy; or (2) is 
designated by the Administrator of the Office of Information and 
Regulatory Affairs (OIRA) as a significant energy action.
---------------------------------------------------------------------------

    \30\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------

    This final rule will not be a ``significant energy action'' under 
Executive Order 13211. It will not have a significant adverse effect on 
the supply, distribution, or use of energy. Further, OIRA has not 
designated this final rule as a significant energy action.

Executive Order 13609 and International Trade Analysis

    Executive Order 13609 (``Promoting International Regulatory 
Cooperation'') \31\ requires agencies to consider whether the impacts 
associated with significant variations between domestic and 
international regulatory approaches are unnecessary or may impair the 
ability of American businesses to export and compete internationally. 
In meeting shared challenges involving health, safety, labor, security, 
environmental, and other issues, international regulatory cooperation 
can identify approaches that are at least as protective as those that 
would be adopted in the absence of such cooperation. International 
regulatory cooperation can also reduce, eliminate, or prevent 
unnecessary differences in regulatory requirements.
---------------------------------------------------------------------------

    \31\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------

    Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as 
amended by the Uruguay Round Agreements Act (Pub. L. 103-465), 
prohibits Federal agencies from establishing any industry standards or 
engaging in related activities that create unnecessary obstacles to the 
foreign commerce of the United States. For purposes of these 
requirements, Federal agencies may participate in the establishment of 
international standards so long as the standards have a legitimate 
domestic objective, such as helping to ensure safety, and do not 
operate to exclude imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they serve as the basis for U.S. standards.
    PHMSA participates in the establishment of international standards 
to protect the safety of the American public. PHMSA assessed the 
effects of the final rule and understands that it will not cause 
unnecessary obstacles to foreign trade.

Cybersecurity and Executive Order 14028

    Executive Order 14028 (``Improving the Nation's Cybersecurity'') 
\32\ directs the Federal Government to improve its efforts to identify, 
deter, and respond to ``persistent and increasingly sophisticated 
malicious cyber campaigns.'' In keeping with these policies and 
directives, PHMSA has assessed the effects of this final rule to 
determine what impact the regulatory amendments may have on 
cybersecurity risks for pipeline facilities and has determined that 
this final rule will not materially affect the cybersecurity risk 
profile for pertinent pipeline facilities.
---------------------------------------------------------------------------

    \32\ 86 FR 26633 (May 17, 2021).
---------------------------------------------------------------------------

    This final rule adopts more than 20 new or updated voluntary, 
consensus industry technical standards that provide specification of 
materials, test methods, or performance requirements. Gas and hazardous 
liquid (and carbon dioxide) pipeline operator compliance strategies may 
be subject to current Transportation Security Agency (TSA) pipeline 
cybersecurity directives \33\ and would be subject to ongoing TSA 
efforts to strengthen cybersecurity and resiliency in the pipeline 
sector, as discussed within an ANPRM published in November 2022.\34\ 
Further, the Cybersecurity & Infrastructure Security Agency (CISA) and 
the Pipeline Cybersecurity Initiative (PCI) of the U.S. Department of 
Homeland Security conduct ongoing activities to address cybersecurity 
risks to U.S. pipeline facilities, and may introduce other 
cybersecurity requirements and guidance for gas and hazardous liquid 
(and carbon dioxide) pipeline operators.\35\ Lastly, because PHMSA 
concludes that each of the updated standards in this final rule will 
enhance the protection of public safety and the environment, this 
rulemaking could reduce the public safety and the

[[Page 33279]]

environmental consequences in the event of a cybersecurity incident on 
pertinent pipeline facilities.
---------------------------------------------------------------------------

    \33\ E.g., TSA, Security Directive Pipeline-2021-01C (May 29, 
2023); TSA, Security Directive Pipeline-2021-02D (July 27, 2023).
    \34\ TSA, ``Advance Notice of Proposed Rulemaking: Enhancing 
Surface Cyber Risk Management,'' 87 FR 73527 (Nov. 30, 2022).
    \35\ See, e.g., CISA, National Cyber Awareness System Alerts, 
https://www.cisa.gov/uscert/ncas/alerts (last accessed Feb. 1, 
2023).
---------------------------------------------------------------------------

National Technology Transfer and Advancement Act

    As discussed above, the NTTAA of 1995 (15 U.S.C. 272 note) directs 
Federal agencies to use voluntary, consensus technical industry 
standards in their regulatory activities unless doing so would be 
inconsistent with applicable law or would be otherwise impractical. 
Voluntary, consensus technical industry standards are technical 
standards (e.g., specification of materials, test methods, or 
performance requirements) that are developed or adopted by voluntary 
consensus standards bodies. This final rule adopts more than 20 new or 
updated voluntary, consensus industry technical standards.

Severability

    The purpose of this final rule is to operate holistically in 
addressing a panoply of issues necessary to ensure safe operation of 
regulated gas and hazardous liquid (as well as carbon dioxide) 
pipelines, with a focus on providing pipeline operators the ability to 
use current technologies, improved materials, and updated industry and 
management practices. However, PHMSA recognizes that this rule 
incorporates by reference various updated industry standards that focus 
on unique topics. Therefore, PHMSA concludes that the regulatory 
amendments adopted herein incorporating various updated industry 
standards into the PSRs are severable and able to function 
independently if severed from each other. In the event a court were to 
invalidate one or more of the unique provisions of the final rule 
issued in this proceeding, the remaining provisions should stand, thus 
allowing their continued effect.

List of Subjects

49 CFR Part 192

    Incorporation by reference, Pipeline safety, Natural gas.

49 CFR Part 195

    Incorporation by reference, Pipeline safety, Anhydrous ammonia, 
Carbon dioxide, Petroleum.

    In consideration of the foregoing, PHMSA is amending 49 CFR parts 
192 and 195 as follows:

PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE: 
MINIMUM FEDERAL SAFETY STANDARDS

0
1. The authority citation for part 192 continues to read as follows:

    Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5103, 60101 et seq., 
and 49 CFR 1.97.


0
2. In Sec.  192.3, add, in alphabetical order, the definition for 
``Master Meter System'' to read as follows:


Sec.  192.3   Definitions.

* * * * *
    Master Meter System means a pipeline system for distributing gas 
within, but not limited to, a definable area (such as a mobile home 
park, housing project, or apartment complex) where the operator 
purchases metered gas from an outside source for resale through a gas 
distribution pipeline system. The gas distribution pipeline system 
supplies the ultimate consumer who either purchases the gas directly 
through a meter or by other means, such as by rents.
* * * * *

0
3. Amend Sec.  192.7 by:
0
a. Revising paragraph (a), the introductory text of paragraph (b), 
paragraphs (b)(7) through (9), the introductory text of paragraph (c) 
and paragraphs (c)(2), (5), and (6);
0
b. Adding paragraph (c)(7);
0
c. Redesignating paragraphs (c)(8) through (10) as (c)(9) through (11);
0
d. Adding paragraph (c)(8);
0
e. Revising the introductory text of paragraph (e) and paragraphs 
(e)(1) through (3), (5), (7), and (9);
0
f. Removing and reserve paragraph (f); and
0
g. Revising paragraph (g), the introductory text of paragraph (i), and 
paragraphs (i)(2) through (4).
    The revisions and additions read as follows:


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

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at the Pipeline 
and Hazardous Materials Safety Administration (PHMSA) and the National 
Archives and Records Administration (NARA). Contact PHMSA at: Office of 
Pipeline Safety, Pipeline and Hazardous Materials Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; 202-
366-4046; www.phmsa.dot.gov/pipeline/regs. For information on the 
availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. It is 
also available from the sources in the following paragraphs of this 
section.
    (b) American Petroleum Institute (API), 200 Massachusetts Avenue 
NW, Suite 1100, Washington, DC 20001-5571; phone: (202) 682-8000; 
website: www.api.org.
* * * * *
    (7) API Specification 5L, Line Pipe, 46th edition, April 2018, 
including Errata 1 (May 2018), (API Spec 5L); IBR approved for 
Sec. Sec.  192.55(e); 192.112(a), (b), (c), (d), and (e); 192.113; 
appendix B to part 192.
    (8) API Specification 6D, Specification for Pipeline and Piping 
Valves, 24th edition, August 2014, including Errata 1 through 10 
(October 2014 through July 2021), Addendum 1 (March 2015), and Addendum 
2 (June 2016), (API Spec 6D); IBR approved for Sec.  192.145(a).
    (9) API Standard 1104, Welding of Pipelines and Related Facilities, 
21st edition, September 2013, including Errata 1 through 5 (April 2014 
through September 2018), Addendum 1 (2014), and Addendum 2 (2016), (API 
Std 1104); IBR approved for Sec. Sec.  192.225(a); 192.227(a); 
192.229(b) and (c); 192.241(c); appendix B to part 192.
* * * * *
    (c) American Society of Mechanical Engineers (ASME), Three Park 
Avenue, New York, NY 10016; phone: (800) 843-2763; email: 
[email protected]; website: www.asme.org/.
* * * * *
    (2) ASME/ANSI B16.5-2003, Pipe Flanges and Flanged Fittings, 
October 2004, (ASME/ANSI B16.5); IBR approved for Sec. Sec.  
192.147(a); 192.607(f).
* * * * *
    (5) ASME B31.8-2018, Gas Transmission and Distribution Piping 
Systems, Issued November 20, 2018, (ASME B31.8); IBR approved for 
Sec. Sec.  192.112(b); 192.619(a).
    (6) ASME/ANSI B31.8S-2004, ``Supplement to B31.8 on Managing System 
Integrity of Gas Pipelines,'' approved January 14, 2005, (ASME/ANSI 
B31.8S-2004), IBR approved for Sec. Sec.  192.714(d); 192.933(d).
    (7) ASME B31.8S-2018, Managing System Integrity of Gas Pipelines, 
Issued November 28, 2018, (ASME B31.8S); IBR approved for Sec. Sec.  
192.13(d); 192.714(c); 192.903 note to Potential impact radius; 192.907 
introductory text and (b); 192.911 introductory text, (i), and (k) 
through (m); 192.913(a) through (c); 192.917(a) through (e); 
192.921(a);

[[Page 33280]]

192.923(b); 192.925(b); 192.933(c); 192.935(b); 192.937(c); 192.939(a); 
192.945(a).
    (8) ASME B36.10M-2018, Welded and Seamless Wrought Steel Pipe, 
Issued October 12, 2018, (ASME B36.10M); IBR approved for Sec.  
192.279.
* * * * *
    (e) ASTM International (ASTM), 100 Barr Harbor Drive, P.O. Box 
C700, West Conshohocken, PA 19428; phone: (610) 832-9585; email: 
[email protected]; website: www.astm.org.
    (1) ASTM A53/A53M-20, Standard Specification for Pipe, Steel, Black 
and Hot-Dipped, Zinc-Coated, Welded and Seamless, approved July 1, 
2020, (ASTM A53/A53M); IBR approved for Sec.  192.113; appendix B to 
part 192.
    (2) ASTM A106/A106M-19A, Standard Specification for Seamless Carbon 
Steel Pipe for High-Temperature Service, approved November 1, 2019, 
(ASTM A106/A106M); IBR approved for Sec.  192.113; appendix B to part 
192.
    (3) ASTM A333/A333M-18, Standard Specification for Seamless and 
Welded Steel Pipe for Low-Temperature Service and Other Applications 
with Required Notch Toughness, approved November 1, 2018, (ASTM A333/
A333M); IBR approved for Sec.  192.113; appendix B to part 192.
* * * * *
    (5) ASTM A381/A381M-18, Standard Specification for Metal-Arc-Welded 
Carbon or High-Strength Low-Alloy Steel Pipe for Use with High-Pressure 
Transmission Systems, approved November 1, 2018, (ASTM A381); IBR 
approved for Sec.  192.113; appendix B to part 192.
* * * * *
    (7) ASTM A671/A671M-20, Standard Specification for Electric-Fusion-
Welded Steel Pipe for Atmospheric and Lower Temperatures, approved 
March 1, 2020, (ASTM A671/A671M); IBR approved for Sec.  192.113; 
appendix B to part 192.
* * * * *
    (9) ASTM A691/A691M-19, Standard Specification for Carbon and Alloy 
Steel Pipe, Electric-Fusion-Welded for High-Pressure Service at High 
Temperatures, approved November 1, 2019, (ASTM A691/A691M); IBR 
approved for Sec.  192.113; appendix B to part 192.
* * * * *
    (g) Manufacturers Standardization Society of the Valve and Fittings 
Industry, Inc. (MSS), 127 Park St. NE, Vienna, VA 22180; phone: (703) 
281-6613; email: [email protected]; website: www.mss-hq.org/.
    (1) ANSI/MSS SP-44-2019, Steel Pipeline Flanges, published April 
2020, (MSS SP-44); IBR approved for Sec.  192.147(a).
    (2) [Reserved]
* * * * *
    (i) National Fire Protection Association (NFPA), 1 Batterymarch 
Park, Quincy, MA 02169; phone: (617) 984-7275; website: www.nfpa.org.
* * * * *
    (2) NFPA 58, Liquefied Petroleum Gas Code, 2020 edition, effective 
August 25, 2019, (NFPA 58); IBR approved for Sec.  192.11.
    (3) NFPA 59, Utility LP-Gas Plant Code, 2018 edition, effective 
September 6, 2017, (NFPA 59); IBR approved for Sec.  192.11.
    (4) NFPA 70, National Electrical Code (NEC), 2017 edition, 
effective August 24, 2016, (NFPA 70); IBR approved for Sec. Sec.  
192.163(e); 192.189(c).
* * * * *

0
4. Revise Sec.  192.11 to read as follows:


Sec.  192.11   Petroleum gas systems.

    (a) Each plant that supplies petroleum gas by pipeline to a natural 
gas distribution system must meet the requirements of this part and 
NFPA 58 or NFPA 59 (both incorporated by reference, see Sec.  192.7), 
based on the scope and applicability statements in those standards.
    (b) Each pipeline system subject to this part that transports only 
petroleum gas or petroleum gas/air mixtures must meet the requirements 
of this part and NFPA 58 or NFPA 59 (both incorporated by reference, 
see Sec.  192.7), based on the scope and applicability statements in 
those standards.
    (c) In the event of a conflict between this part and NFPA 58 or 
NFPA 59 (both incorporated by reference, see Sec.  192.7), NFPA 58 or 
NFPA 59 shall prevail if applicable based on the scope and 
applicability statements in those standards.


Sec.  192.13   [AMENDED]

0
5. In Sec.  192.13 paragraph (d), remove the text ``ASME/ANSI B31.8S'' 
and add, in its place, the text ``ASME B31.8S''.


Sec.  192.112   [AMENDED]

0
6. Amend Sec.  192.112 by:
0
a. Removing in paragraph (b)(1)(ii), the text ``American Society of 
Mechanical Engineers (ASME)'' and adding, in its place, the text 
``ASME'';
0
b. Removing in paragraph (b)(2)(iv), the text ``API Specification 5L'' 
and adding, in its place, the text ``API Spec 5L'';
0
c. Removing in the introductory text of paragraph (c)(2), the text 
``include (i) and either (ii) or (iii)'' and adding, in its place, the 
text ``include paragraph (c)(2)(i) of this section and either paragraph 
(c)(2)(ii) or (iii) of this section'';
0
d. Redesignating paragraphs (c)(2)(iii)(a) through (e) as paragraphs 
(c)(2)(iii)(A) through (E) and adding a paragraph break before each 
newly redesignated paragraph; and
0
e. Removing in paragraph (e)(3), the text ```ANSI/API Spec 5L''' and 
adding, in its place, the text ``API Spec 5L''.

0
7. Revise Sec.  192.113 to read as follows:


Sec.  192.113   Longitudinal joint factor (E) for steel pipe.

    (a) The longitudinal joint factor to be used in the design formula 
in Sec.  192.105 is determined in accordance with the table 1 to this 
paragraph (a):

                        Table 1 to Paragraph (a)
------------------------------------------------------------------------
                                                           Longitudinal
           Specification                 Pipe class        joint factor
                                                                (E)
------------------------------------------------------------------------
ASTM A53/A53M (incorporated by      Seamless............            1.00
 reference, see Sec.   192.7).
                                    Electric resistance             1.00
                                     welded.
                                    Furnace butt welded.             .60
ASTM A106/A106M (incorporated by    Seamless............            1.00
 reference, see Sec.   192.7).
ASTM A333/A333M (incorporated by    Seamless............            1.00
 reference, see Sec.   192.7).
                                    Electric resistance             1.00
                                     welded.
ASTM A381 (incorporated by          Double submerged arc            1.00
 reference, see Sec.   192.7).       welded.
ASTM A671/A671M (incorporated by    Electric-fusion-                1.00
 reference, see Sec.   192.7).       welded.
ASTM A672 (incorporated by          Electric-fusion-                1.00
 reference, see Sec.   192.7).       welded.
ASTM A691/A691M (incorporated by    Electric-fusion-                1.00
 reference, see Sec.   192.7).       welded.
API Spec 5L (incorporated by        Seamless............            1.00
 reference, see Sec.   192.7).

[[Page 33281]]

 
                                    Electric resistance             1.00
                                     welded.
                                    Electric flash                  1.00
                                     welded.
                                    Submerged arc welded            1.00
                                    Furnace butt welded.             .60
Other.............................  Pipe over 4 inches               .80
                                     (102 millimeters).
Other.............................  Pipe 4 inches (102               .60
                                     millimeters) or
                                     less.
------------------------------------------------------------------------

    (b) If the type of longitudinal joint cannot be determined, the 
joint factor to be used must not exceed that designated for ``Other.''

0
8. In Sec.  192.121, revise paragraphs (c)(2)(iv), (d)(2)(iv), and 
(e)(4) to read as follows:


Sec.  192.121   Design of plastic pipe.

* * * * *
    (c) * * *
    (2) * * *
    (iv) The wall thickness for a given outside diameter is not less 
than that listed in Table 1 to this paragraph (c)(2)(iv):

                     Table 1 to Paragraph (c)(2)(iv)
------------------------------------------------------------------------
             PE pipe: minimum wall thickness and SDR values
-------------------------------------------------------------------------
                                                           Corresponding
                                           Minimum wall      dimension
           Pipe size  (inches)               thickness         ratio
                                             (inches)        (values)
------------------------------------------------------------------------
\1/2\'' CTS.............................           0.090               7
\1/2\'' IPS.............................           0.090             9.3
\3/4\'' CTS.............................           0.090             9.7
\3/4\'' IPS.............................           0.095              11
1'' CTS.................................           0.099              11
1'' IPS.................................           0.119              11
1 \1/4\'' CTS...........................           0.121              11
1 \1/4\'' IPS...........................           0.151              11
1 \1/2\'' IPS...........................           0.173              11
2''.....................................           0.216              11
3''.....................................           0.259            13.5
4''.....................................           0.265              17
6''.....................................           0.315              21
8''.....................................           0.411              21
10''....................................           0.512              21
12''....................................           0.607              21
------------------------------------------------------------------------

    (d) * * *
    (2) * * *
    (iv) The minimum wall thickness for a given outside diameter is not 
less than that listed in table 2 to this paragraph (d)(2)(iv):

                     Table 2 to Paragraph (d)(2)(iv)
------------------------------------------------------------------------
           PA-11 pipe: minimum wall thickness and SDR  values
-------------------------------------------------------------------------
                                                           Corresponding
                                           Minimum wall      dimension
           Pipe size  (inches)               thickness         ratio
                                             (inches)        (values)
------------------------------------------------------------------------
\1/2\'' CTS.............................           0.090             7.0
\1/2\'' IPS.............................           0.090             9.3
\3/4\'' CTS.............................           0.090             9.7
\3/4\'' IPS.............................           0.095              11
1'' CTS.................................           0.099              11
1'' IPS.................................           0.119              11
1 \1/4\'' CTS...........................           0.121              11
1 \1/4\'' IPS...........................           0.151              11
1 \1/2\'' IPS...........................           0.173              11
2'' IPS.................................           0.216              11
3'' IPS.................................           0.259            13.5
4'' IPS.................................           0.333            13.5
6'' IPS.................................           0.491            13.5
------------------------------------------------------------------------

    (e) * * *
    (4) The minimum wall thickness for a given outside diameter is not 
less than that listed in table 3 to this paragraph (e)(4):

                       Table 3 to Paragraph (e)(4)
------------------------------------------------------------------------
            PA-12 Pipe: minimum wall thickness and SDR values
-------------------------------------------------------------------------
                                                           Corresponding
                                           Minimum wall      dimension
           Pipe size  (inches)               thickness         ratio
                                             (inches)        (values)
------------------------------------------------------------------------
\1/2\'' CTS.............................           0.090               7
\1/2\'' IPS.............................           0.090             9.3
\3/4\'' CTS.............................           0.090             9.7
\3/4\'' IPS.............................           0.095              11
1'' CTS.................................           0.099              11
1'' IPS.................................           0.119              11
1 \1/4\'' CTS...........................           0.121              11
1 \1/4\'' IPS...........................           0.151              11
1 \1/2\'' IPS...........................           0.173              11
2'' IPS.................................           0.216              11
3'' IPS.................................           0.259            13.5
4'' IPS.................................           0.333            13.5
6'' IPS.................................           0.491            13.5
------------------------------------------------------------------------

* * * * *


Sec.  192.145   [AMENDED]

0
9. In Sec.  192.145 paragraph (a), remove the text ``ANSI/API Spec 6D'' 
and add, in its place, the text ``API Spec 6D''.

0
10. In Sec.  192.147, revise paragraph (a) to read as follows:


Sec.  192.147   Flanges and flange accessories.

    (a) Each flange or flange accessory (other than cast iron) must 
meet the minimum requirements of ASME/ANSI B16.5 (incorporated by 
reference, see Sec.  192.7), ANSI/MSS SP-44 (incorporation by 
reference, see Sec.  192.7), or the equivalent.
* * * * *

0
11. In Sec.  192.153, revise paragraph (d) to read as follows:


Sec.  192.153   Components fabricated by welding.

* * * * *
    (d) Except for flat closures designed in accordance with ASME BPVC, 
Section VIII, Division 1 or Division 2, (both incorporated by 
reference, see Sec.  192.7), flat closures and fish tails may not be 
used on pipe that either operates at 100 psig (689 kilopascals) or 
more, or that is more than 3 inches (76 millimeters) in nominal 
diameter.
* * * * *


Sec.  192.163  [AMENDED]

0
12. In Sec.  192.163 paragraph (e), remove the text ``NFPA-70'' and 
add, in its place, the text ``NFPA 70 (incorporated by reference, see 
Sec.  192.7)''.


Sec.  192.225  [AMENDED]

0
13. In Sec.  192.225 paragraph (a), remove the text ``section 5'' and 
add, in its place, the text ``section 5 (except for Note 2 in section 
5.4.2.2)''.

0
14. Revise Sec.  192.279 to read as follows:


Sec.  192.279   Copper pipe.

    Copper pipe may not be threaded except for copper pipe that is used 
for joining screw fittings or valves, which may be threaded if the wall 
thickness is equivalent to the comparable size of Schedule 40 or 
heavier wall pipe listed in ASME B36.10M (incorporated by reference, 
see Sec.  192.7).


Sec.  192.714  [AMENDED]

0
15. Amend Sec.  192.714, by:
0
a. Removing the text ``ASME/ANSI B31.8S'' in paragraph (c), and adding, 
in its place, the text ``ASME B31.8S'';
0
b. Removing in paragraph (c) the text ``section 7, Figure 4'' and 
adding, in its place, the text ``Section 7, Figure 7.2.1-1''; and
0
c. Removing in paragraph (d)(1) and (d)(2)(iv), the text ``ASME/ANSI

[[Page 33282]]

B31.8S'' and adding, in its place, the text ``ASME/ANSI B31.8S-2004''.

0
16. In Sec.  192.727 revise paragraph (g)(1) to read as follows:


Sec.  192.727  Abandonment or deactivation of facilities.

* * * * *
    (g) * * *
    (1) The preferred method to submit data on pipeline facilities 
abandoned after October 10, 2000, is to the National Pipeline Mapping 
System (NPMS) in accordance with the NPMS ``Standards for Pipeline and 
Liquefied Natural Gas Operator Submissions.'' To obtain a copy of the 
NPMS Standards, please refer to the NPMS homepage at 
www.npms.phmsa.dot.gov. A digital data format is preferred, but hard 
copy submissions are acceptable if they comply with the NPMS Standards. 
In addition to the NPMS-required attributes, operators must submit the 
date of abandonment, diameter, method of abandonment, and certification 
that, to the best of the operator's knowledge, all of the reasonably 
available information requested was provided and, to the best of the 
operator's knowledge, the abandonment was completed in accordance with 
applicable laws. Refer to the NPMS Standards for details in preparing 
your data for submission. The NPMS Standards also include details of 
how to submit data. Alternatively, operators may submit reports by 
mail, fax or email to the Office of Pipeline Safety, Pipeline and 
Hazardous Materials Safety Administration, U.S. Department of 
Transportation, Information Resources Manager, PHP-10, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001; fax (202) 366-4566; email 
[email protected]. The information in the report must 
contain all reasonably available information related to the facility, 
including information in the possession of a third party. The report 
must contain the location, size, date, method of abandonment, and a 
certification that the facility has been abandoned in accordance with 
all applicable laws.
* * * * *


Sec.  192.903  [AMENDED]

0
17. Amend the Note to Potential impact radius in Sec.  192.903 by 
removing the term ``ASME/ANSI B31.8S'' and adding in its place the term 
``ASME B31.8S''.


Sec.  192.907  [AMENDED]

0
18. In Sec.  192.907 paragraph (b), remove the text ``ASME/ANSI 
B31.8S'' wherever it appears and add, in its place, the text ``ASME 
B31.8S''.

0
19. Amend Sec.  192.911 by:
0
a. Removing in the introductory text to Sec.  192.911, paragraphs (i), 
and (l), the text ``ASME/ANSI B31.8S'' and adding in its place, the 
text ``ASME B31.8S''; and
0
b. Revising paragraph (m).
    The revisions read as follows:


Sec.  192.911  What are the elements of an integrity management 
program?

* * * * *
    (m) A communication plan that includes the elements of ASME B31.8, 
Paragraph 850.9 (incorporated by reference, see Sec.  192.7), and that 
includes procedures for addressing safety concerns raised by--
    (1) OPS; and
    (2) A State or local pipeline safety authority when a covered 
segment is located in a State where OPS has an interstate agent 
agreement.
* * * * *


Sec.  192.917  [AMENDED]

0
20. Amend Sec.  192.917 by:
0
a. Removing the text ``ASME/ANSI B31.8S'', wherever it appears, and 
add, in its place, the text ``ASME B31.8S'';
0
b. Removing the paragraph break between the introductory text of 
paragraph (b) and the undesignated paragraph immediately following;
0
c. Removing in paragraph (e)(1), the text ``Appendix A7'' and adding, 
in its place, the text ``Appendix A-8''; and
0
d. Removing in paragraph (e)(4), the text ``Appendices A4.3 and A4.4'' 
and adding, in its place, the text ``Appendices A-5.3 and A-5.4''.


Sec.  192.921  [AMENDED]

0
21. In Sec.  192.921 paragraph (a)(2), remove the text ``specified in 
Table 3 of section 5 of ASME/ANSI'' and add in its place, the text 
``specified in Table 5.6.1-1 of Section 5 of ASME''.


Sec.  192.923  [AMENDED]

0
22. In Sec.  192.923, amend paragraph (b)(1) by:
0
a. Removing the text ``ASME/ANSI'' and adding, in its place, the text 
``ASME''; and
0
b. Removing the text ``section 6.4'' and adding, in its place, the text 
``Section 6.4''.


Sec.  192.925   [AMENDED]

0
23. In Sec.  192.925, remove the text ``ASME/ANSI B31.8S'', wherever it 
appears, and add, in its place, the text ``ASME B31.8S''.


Sec.  192.927  [AMENDED]

0
24. In Sec.  192.927 paragraph (c)(4)(iii), remove the paragraph break 
that appears after the text ``risk factors specific to the ICDA 
region''.


Sec.  192.933  [AMENDED]

0
25. Amend Sec.  192.933, by:
0
a. Removing in paragraph (c), the text ``ASME/ANSI B31.8S'' and adding, 
in its place, the text ``ASME B31.8S'';
0
b. Removing in paragraph (c), the text ``section 7, Figure 4'' and 
adding, in its place, the text ``Section 7, Figure 7.2.1-1''; and
0
c. Removing in paragraph (d), the text ``ASME/ANSI B31.8S'', wherever 
it appears, and adding, in its place, the text ``ASME/ANSI B31.8S-
2004''.


Sec.  192.935  [AMENDED]

0
26. In Sec.  192.935 paragraph (b)(1)(iv), remove the text ``ANSI/
ASME'' and add, in its place, the text ``ASME''.


Sec.  192.937  [AMENDED]

0
27. In Sec.  192.937 paragraph (c)(2), remove the text ``table 3 of 
section 5 of ASME/ANSI'' and add, in its place, the text ``Table 5.6.1-
1 of Section 5 of ASME''.


Sec.  192.939  [AMENDED]

0
28. Amend Sec.  192.939 by:
0
a. Removing in paragraph (a)(1)(ii), the text ``section 5, Table 3'' 
and adding, in its place, the text ``Table 5.6.1-1 of Section 5''; and
0
b. Removing in paragraph (a)(3), the text ``ASME/ANSI B31.8S, section 
5, Table 3'' and adding, in its place, the text ``ASME B31.8S, Table 
5.6.1-1 of Section 5''.

Appendix B to Part 192 [Amended]

0
29. Amend Section I.A. by removing the text ``API Specification for 
Line Pipe'' and adding in its place, the text ``Line Pipe''.

PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

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

    Authority:  30 U.S.C. 185(w)(3), 49 U.S.C. 5103, 60101 et seq, 
and 49 CFR 1.97.


0
31. In Sec.  195.1, revise paragraph (c) to read as follows:


Sec.  195.1   Which pipelines are covered by this Part?

* * * * *
    (c) Breakout tanks. Breakout tanks that are subject to this part 
must comply with requirements that apply specifically to breakout tanks 
and, to the extent applicable, with requirements that apply to pipeline 
systems and pipeline facilities. If a conflict exists between a 
requirement that applies specifically to breakout tanks and a 
requirement that applies to pipeline systems or pipeline facilities, 
the

[[Page 33283]]

requirement that applies specifically to breakout tanks prevails. 
Anhydrous ammonia breakout tanks need not comply with Sec. Sec.  
195.132(b); 195.205(b); 195.264(b) and (e); 195.307; 195.428(c) through 
(d); and 195.432(b) and (c).

0
32. Amend Sec.  195.3 by:
0
a. Revising paragraph (a), the introductory text of paragraph (b), and 
paragraphs (b)(1), and (5), (12) through (14), (17) and (18), and (20) 
and (21);
0
b. Redesignating paragraphs (b)(1) through (23) as set forth in the 
following table:

------------------------------------------------------------------------
                    Old                                  New
------------------------------------------------------------------------
Paragraph (b)(1)..........................  Paragraph (b)(11).
Paragraph (b)(2) through (11).............  Paragraph (b)(1) through
                                             (10).
Paragraph (b)(12).........................  Paragraph (b)(22).
Paragraph (b)(13) through (20)............  Paragraph (b)(12) through
                                             (19).
Paragraph (b)(21).........................  Paragraph (b)(21).
Paragraph (b)(22).........................  Paragraph (b)(23).
Paragraph (b)(23).........................  Paragraph (b)(20).
------------------------------------------------------------------------

0
d. Revising the introductory text of paragraph (c) and paragraphs 
(c)(3) and (4);
0
e. Revising and republishing paragraph (e);
0
f. Revising paragraph (f), the introductory text of paragraph (g), and 
paragraph (g)(4); and
0
g. Redesignating paragraphs (f) and (g) as set forth in the following 
table:

------------------------------------------------------------------------
                    Old                                  New
------------------------------------------------------------------------
Paragraph (f).............................  Paragraph (g).
Paragraph (g).............................  Paragraph (f).
------------------------------------------------------------------------

    The additions and revisions read as follows:


Sec.  195.3   What documents are incorporated by reference partly or 
wholly in this part?

    (a) Certain material is incorporated by reference into this part 
with the approval of the Director of the Federal Register under 5 
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by 
reference (IBR) material is available for inspection at the Pipeline 
and Hazardous Materials Safety Administration (PHMSA) and at the 
National Archives and Records Administration (NARA). Contact PHMSA at: 
Office of Pipeline Safety, Pipeline and Hazardous Materials Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; (202) 
366-4046; www.phmsa.dot.gov/pipeline/regs. For information on 
inspecting this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email [email protected]. It is 
also available from the sources in the following paragraphs of this 
section.
    (b) American Petroleum Institute (API), 200 Massachusetts Avenue 
NW, Suite 1100, Washington, DC 20001-5571; phone: (202) 682-8000; 
website: www.api.org/.
    (1) API Recommended Practice 2026, ``Safe Access/Egress Involving 
Floating Roofs of Storage Tanks in Petroleum Service,'' 3rd edition, 
June 2017, (API RP 2026); IBR approved for Sec.  195.405(b).
* * * * *
    (5) API Recommended Practice 651, Cathodic Protection of 
Aboveground Petroleum Storage Tanks, 4th edition, September 2014, (API 
RP 651); IBR approved for Sec. Sec.  195.565 and 195.573(d).
* * * * *
    (12) API Standard 2350, ``Overfill Prevention for Storage Tanks in 
Petroleum Facilities,'' 5th edition, September 2020, (API Std 2350), 
including Errata 1 (April 2021); IBR approved for Sec.  195.428(c).
    (13) API Specification 5L, Line Pipe, 46th edition, April 2018, 
including Errata 1 (May 2018), (API Spec 5L) IBR approved for Sec.  
195.106(b) and (e).
    (14) API Specification Spec 6D, Specification for Pipeline and 
Piping Valves, 24th edition, August 2014, including Errata 1 through 10 
(October 2014 through July 2021), Addendum 1 (March 2015), and Addendum 
2 (June 2016), (API Spec 6D); IBR approved for Sec.  195.116(d).
* * * * *
    (17) API Standard 620, Design and Construction of Large, Welded, 
Low-Pressure Storage Tanks, 12th edition, effective October 2013, 
including Addendum 1 (November 2014) (API Std 620); IBR approved for 
Sec. Sec.  195.132(b); 195.205(b); 195.264(b), and (e); 195.307(b); 
195.565; 195.579(d).
    (18) API Standard 650, Welded Tanks for Oil Storage, 13th edition, 
March 2020, including Errata 1 (January 2021), (API Std 650); IBR 
approved for Sec. Sec.  195.132(b); 195.205(b); 195.264(b), (e); 
195.307(c), (d); 195.565; 195.579(d).
* * * * *
    (20) API Standard 1104, Welding of Pipelines and Related 
Facilities, 21st edition, September 2013, including Errata 1 through 5 
(April 2014 through September 2018), Addendum 1 (July 2014), and 
Addendum 2 (May 2016); IBR approved for Sec. Sec.  195.214(a); 
195.222(a) and (b); 195.228(b).
    (21) API Standard 2000, Venting Atmospheric and Low-pressure 
Storage Tanks, 7th Edition, March 2014, Reaffirmed April 2020, (API Std 
2000), IBR approved for Sec.  195.264(e).
* * * * *
    (c) The American Society of Mechanical Engineers (ASME), Two Park 
Avenue, New York, NY 10016; phone: (800) 843-2763; website: https://www.asme.org/.
* * * * *
    (3) ASME B31.4-2006, Pipeline Transportation Systems for Liquid 
Hydrocarbons and Other Liquids, October 20, 2006, (ASME B31.4); IBR 
approved for Sec.  195.110(a).
    (4) ASME B31.8-2018, Gas Transmission and Distribution Piping 
Systems, Issued November 20, 2018, (ASME B31.8); IBR approved for 
Sec. Sec.  195.5(a); 195.406(a).
* * * * *
    (e) ASTM International (ASTM), 100 Barr Harbor Drive, P.O. Box 
C700, West Conshohocken, PA 119428; phone: (610) 832-9585; email: 
[email protected]; website: https://www.astm.org/.
    (1) ASTM A53/A53M-20, Standard Specification for Pipe, Steel, Black 
and Hot-Dipped, Zinc-Coated, Welded and Seamless, approved July 1, 
2020, (ASTM A53/A53M); IBR approved for Sec.  195.106(e).
    (2) ASTM A106/A106M-19A, Standard Specification for Seamless Carbon 
Steel Pipe for High-Temperature Service, approved November 1, 2019, 
(ASTM A106/A106M); IBR approved for Sec.  195.106(e).
    (3) ASTM A333/A333M-18, Standard Specification for Seamless and 
Welded Steel Pipe for Low-Temperature Service and Other Applications 
with Required Notch Toughness, approved November 1, 2018, (ASTM A333/
A333M); IBR approved for Sec.  195.106(e).
    (4) ASTM A381/A381M-18, Standard Specification for Metal-Arc-Welded 
Carbon or High-Strength Low-Alloy Steel Pipe for Use with High-Pressure 
Transmission Systems, approved November 1, 2018, (ASTM A381); IBR 
approved for Sec.  195.106(e).
    (5) ASTM A671/A671M-20, Standard Specification for Electric-Fusion-
Welded Steel Pipe for Atmospheric and Lower Temperatures, approved 
March 1, 2020, (ASTM A671/A671M); IBR approved for Sec.  195.106(e).
    (6) ASTM A672/A672M-09, Standard Specification for Electric-Fusion-
Welded Steel Pipe for High-Pressure Service at Moderate Temperatures, 
approved October 1, 2009, (ASTM A672/A672M); IBR approved for Sec.  
195.106(e).
    (7) ASTM A691/A691M-19, Standard Specification for Carbon and Alloy 
Steel Pipe, Electric-Fusion-Welded for High-Pressure Service at High 
Temperatures, approved November 1, 2019, (ASTM A691/A691M); IBR 
approved for Sec.  195.106(e).
    (f) Manufacturers Standardization Society of the Valve and Fittings 
Industry, Inc. (MSS), 127 Park St. NE,

[[Page 33284]]

Vienna, VA 22180; phone: (703) 281-6613; website: www.mss-hq.org/.
    (1) MSS SP-75-2019 Standard Practice, High-Strength, Wrought, Butt-
Welding Fittings, published December 2019, (MSS SP-75); IBR approved 
for Sec.  195.118(a).
    (2) [Reserved]
    (g) Association for Materials Protection and Performance (AMPP), 
15835 Park Ten Place, Houston, TX 77084; phone: (800) 797-6223; 
website: https://ampp.org/standards.
* * * * *
    (4) NACE SP0204-2015, Stress Corrosion Cracking (SSC) Direct 
Assessment Methodology, Revised March 14, 2015, (NACE SP0204); IBR 
approved for Sec.  195.588(c).


Sec.  195.5  [AMENDED]

0
33. In Sec.  195.5 paragraph (a)(1)(i), remove the text ``ASME/ANSI 
B31.8'' and add, in its place, the text ``ASME B31.8''.

0
34. In Sec.  195.58, revise paragraph (a) to read as follows:


Sec.  195.58   Reporting submission requirements.

    (a) General. Except as provided in paragraphs (b) and (e) of this 
section, an operator must submit each report required by this part 
electronically to PHMSA at https://portal.phmsa.dot.gov unless an 
alternative reporting method is authorized in accordance with paragraph 
(d) of this section.
* * * * *

0
35. In Sec.  195.59, revise paragraph (a) to read as follows:


Sec.  195.59   Abandonment or deactivation of facilities.

* * * * *
    (a) The preferred method to submit data on pipeline facilities 
abandoned after October 10, 2000, is to the National Pipeline Mapping 
System (NPMS) in accordance with the NPMS ``Standards for Pipeline and 
Liquefied Natural Gas Operator Submissions.'' To obtain a copy of the 
NPMS standards, please refer to the NPMS homepage at https://www.npms.phmsa.dot.gov. A digital data format is preferred, but hard 
copy submissions are acceptable if they comply with the NPMS Standards. 
In addition to the NPMS-required attributes, operators must submit the 
date of abandonment, diameter, method of abandonment, and certification 
that, to the best of the operator's knowledge, all of the reasonably 
available information requested was provided and, to the best of the 
operator's knowledge, the abandonment was completed in accordance with 
applicable laws. Refer to the NPMS Standards for details in preparing 
your data for submission. The NPMS Standards also include details of 
how to submit data. Alternatively, operators may submit reports by 
mail, fax or email to the Office of Pipeline Safety, Pipeline and 
Hazardous Materials Safety Administration, U.S. Department of 
Transportation, Information Resources Manager, PHP-10, 1200 New Jersey 
Avenue SE, Washington, DC 20590-0001; fax: (202) 366-4566; email: 
[email protected]. The information in the report must 
contain all reasonably available information related to the facility, 
including information in the possession of a third party. The report 
must contain the location, size, date, method of abandonment, and a 
certification that the facility has been abandoned in accordance with 
all applicable laws.
* * * * *


Sec.  195.106  [AMENDED]

0
36. In Sec.  195.106, amend paragraphs (b)(1)(i) and (e)(1) by removing 
the text ``ANSI/API Spec 5L'' and adding, in its place, the text ``API 
Spec 5L''.


Sec.  195.110  [AMENDED]

0
37. In Sec.  195.110 paragraph (a), remove the text ``ASME/ANSI B31.4'' 
and add, in its place, the words ``ASME B31.4''.


Sec.  195.116  [AMENDED]

0
38. In Sec.  195.116 paragraph (d), remove the text ``ANSI/API Spec 
6D'' and add, in its place, the text ``API Spec 6D''.


Sec.  195.214  [AMENDED]

0
39. In Sec.  195.214 paragraph (a), remove the text ``section 5'' and 
add, in its place, the text ``section 5 (except for Note 2 in section 
5.4.2.2)''.

0
40. Amend Sec.  195.307 by:
0
a. Revising paragraph (c); and
0
b. Removing in paragraph (d), the text ``API Standard 653'' and adding, 
in its place, the text ``API Std 653''.
    The revision reads as follows:


Sec.  195.307   Pressure testing aboveground breakout tanks.

* * * * *
    (c) For aboveground breakout tanks built to API Std 650 
(incorporated by reference, see Sec.  195.3) that were first placed 
into service after October 2, 2000, testing must be conducted in 
accordance with Sections 7.3.6 and 7.3.7 of API Std 650.
* * * * *


Sec.  195.405  [AMENDED]

0
41. In Sec.  195.405 paragraph (b), remove the text ``API Pub 2026'', 
wherever it appears, and add, in its place, the text ``API RP 2026''.


Sec.  195.406  [AMENDED]

0
42. In Sec.  195.406 paragraph (a)(1)(i), remove the text ``ASME/ANSI 
B31.8'' and add, in its place, the text ``ASME B31.8''.


Sec.  195.428  [AMENDED]

0
43. In Sec.  195.428 paragraph (c), remove the text ``API RP 2350'', 
wherever it appears, and add, in its place, the text ``API Std 2350''.


Sec.  195.565  [AMENDED]

0
44. In Sec.  195.565, remove the text ``ANSI/API RP 651'', wherever it 
appears, and add, in its place, the text ``API RP 651''.


Sec.  195.588  [AMENDED]

0
45. In Sec.  195.588 paragraph (c), remove the text ``NACE SP0204-
2008'', wherever it appears, and add, in its place, the text ``NACE 
SP0204''.

    Issued in Washington, DC, on April 17, 2024, under authority 
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2024-08624 Filed 4-26-24; 8:45 am]
BILLING CODE 4910-60-P