[Federal Register: June 14, 2004 (Volume 69, Number 113)]
[Rules and Regulations]
[Page 32886-32898]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14jn04-18]
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DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 191, 192, 195, and 199
[Docket No. RSPA-99-6106; Amdt. Nos. 191-16, 192-94, 195-81, 199-20]
RIN 2137-AD35
Pipeline Safety: Periodic Updates to Pipeline Safety Regulations
(2001)
AGENCY: Research and Special Programs Administration (RSPA), U.S.
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule is part of an effort by RSPA to periodically
update the pipeline safety regulations. This rule incorporates the most
recent editions of the voluntary consensus standards and specifications
referenced in the Federal pipeline safety regulations to enable
pipeline operators to utilize the most current technology, materials,
and industry practices in the design, construction, and operation of
their pipelines. This rule also increases the design pressure
limitation for new thermoplastic pipe, allows the use of plastic pipe
for certain bridge applications, increases the time period for revision
of maximum allowable operating pressure after a change in class
location, clarifies welding requirements, and makes various other
editorial clarifications and corrections. This final rule does not
require pipeline operators to undertake any significant new pipeline
safety initiatives.
DATES: This final rule takes effect on July 14, 2004. The incorporation
by reference of certain publications listed in the rule is approved by
the Director of the Federal Register as of July 14, 2004.
FOR FURTHER INFORMATION CONTACT: Gopala K. Vinjamuri by telephone at
(202) 366-4503, by fax at (202) 366-4566, by e-mail at
gopla.vinjamuri@rspa.dot.gov, or by mail at U.S. Department of
Transportation, RSPA/Office of Pipeline Safety, Room 7128, 400 Seventh
Street, SW, Washington, DC 20590-0001. Copies of this document or other
material in the docket can be reviewed by accessing the Docket
Management System's home page at http://www.dms.dot.gov. General
information on the Federal pipeline safety program is available at the
Office of Pipeline Safety Web site at http://www.ops.dot.gov.
SUPPLEMENTARY INFORMATION:
Background
This final rule is a periodic update of RSPA's pipeline safety
regulations to incorporate the most recent editions of the voluntary
consensus standards and specifications referenced at 49 CFR Part 192,
Appendices A and B, and 49 CFR Part 195.3. This rule also makes several
other revisions and clarifications to improve the consistency and
accuracy of the pipeline safety regulations. RSPA previously issued
final rules on May 27, 1996 (61 FR 26121) and February 17, 1998 (63 FR
7721) that updated references to the consensus standards publications
incorporated by reference in the pipeline safety regulations, and made
various editorial clarifications and corrections. On March 22, 2000,
RSPA issued a Notice of Proposed Rulemaking (NPRM) (65 FR 15290)
proposing to amend the sections incorporating consensus standards to
update to the current editions. Additionally, RSPA proposed to increase
the pressure limitation for new thermoplastic pipe, to allow plastic
pipe on bridges, to
[[Page 32887]]
clarify welding requirements, to revise the hazardous liquid pipeline
accident reporting definition, to clarify the definition of a gas
transmission line, and make other editorial clarifications and
corrections to certain sections of the Federal pipeline safety
regulations.
RSPA received a total of thirty written comments on the proposals
in the NPRM. Eighteen of the comments were from the gas pipeline
operators, six were from trade associations including the American
Petroleum Institute, the American Gas Association, the National Fire
Protection Association, the Texas Natural Gas Association, and the New
England Gas Association, and the remaining six were from the Gas Piping
Technology Institute, the Iowa State Public Service Commission, two
advocacy groups, and two industry consultants. We also received
recommendations and comments by the National Association of Pipeline
Safety Representatives (NAPSR), a non-profit association of officials
from State agencies that participate in RSPA's Federal pipeline safety
regulatory program, and recommendations by the State Industry
Regulatory Review Committee (SIRRC). The Technical Pipeline Safety
Standards Committee (TPSSC) and the Technical Hazardous Liquid Pipeline
Safety Standards Committee (THLPSSC), which were established by statute
to evaluate and comment on pipeline safety issues, discussed the
proposed amendments during their May 20, 2000 meeting and provided
comments on the proposals in the NPRM. The relevant comments are
summarized and discussed under each issue area below.
Standards Incorporated by Reference
RSPA's Office of Pipeline Safety participates in more than 25
national voluntary consensus standards committees and adopts standards
when they are applicable. The Federal pipeline safety regulations
incorporate by reference all or portions of over 60 consensus standards
and specifications for the design, construction, and operation of gas
and hazardous liquid pipelines that were developed and published by
recognized technical organizations, including the American Petroleum
Institute (API), ASME International (ASME), American Society for
Testing and Materials (ASTM), Manufacturers Standardization Society of
the Valve and Fittings Industry (MSS), American Gas Association (AGA),
and the National Fire Protection Association (NFPA). The standards and
specifications incorporated for gas pipelines, formerly in Appendix A
to part 192 are now found at 49 CFR Part 192.7 and in Appendix B to
Part 192. Those incorporated for hazardous liquid pipelines are found
at 49 CFR 195.3. These documents can be obtained by contacting the
following organizations:
1. The American Society for Testing and Materials, 100 Barr Harbor
Drive, West Conshohocken, PA 19428
2. ASME International, Three Park Avenue, New York, NY 10016-5990
3. Manufacturers Standardization of Valves and Fittings Industry, Inc.,
127 Park Street NW, Vienna, VA 22180
4. The National Fire Protection Association, 1 Batterymarch Park, P.O.
Box 9101, Quincy, MA 02260-9101
These documents are also available for inspection at the following
locations:
1. Office of Pipeline Safety, Room 7128, U.S. Department of
Transportation, 400 7th Street SW, Washington, DC 20590
2. Office of the Federal Register, 800 N. Capitol Street, NW, Suite
700, Washington, DC 20408
The organizations responsible for developing these standards and
specifications periodically publish revised editions incorporating the
most current technology. This rule updates the Federal pipeline safety
regulations to reflect the most recent editions of each standard and
specification incorporated by reference to enable pipeline operators to
utilize the latest technology, materials, and engineering practices.
Because some of the standards proposed in the NPRM are no longer
available, we reviewed and referenced the next available edition.
Adoption of these updated documents ensures that pipeline operators
will not be unnecessarily burdened with outdated material, design, and
construction requirements.
The order and appearance of the consensus standards in the CFR has
also been updated and clarified. The standards are set forth by name
and version date in the proposed amendments to 49 CFR Part 192,
Appendices A and B, and 49 CFR 195.3. In general, the only change is to
reference the new edition and year of publication. On October 31, 2001,
API appended errata to the 19th edition of the API 1104 standard,
``Welding of Pipelines and Related Facilities,'' which we have reviewed
and accepted as part of the document for the purposes of this final
rule. No substantive changes are associated with these errata. In
addition to adopting the most recent editions of the standards and
specifications already incorporated by reference in the pipeline safety
regulations, this final rule adopts one new technical document, the
Plastics Pipe Institute's technical report entitled, ``Policies and
Procedures for Developing Hydrostatic Design Basis (HDB), Pressure
Design Basis (PDB), and Minimum Required Strength (MRS) Ratings for
Thermoplastic Piping Materials or Pipe'' (PPI TR-3/2000 or the ``PPI
Technical Report''). Sections 192.7 and 195.3 will continue to govern
the applicability of all documents incorporated by reference.
Other than certain editorial corrections suggested by the API, we
did not receive any comments on the substance of the updated consensus
standards publications and other documents. However, with respect to
adopting the 42nd edition of the API 5L standard, Specification for
Line Pipe, and the 19th edition of the API 1104 standard, ``Welding of
Pipelines and Related Facilities,'' the following issues are
noteworthy. The 42nd edition of the API 5L standard is substantially
different from the 41st edition referenced previously in the CFR. The
42nd edition of the API 5L specification, which has been adopted in its
entirety, prescribes two performance specification levels (PSL-1 and
PSL-2) for manufactured line pipe. Designers now have the option to use
either the PSL-1 specification with the attendant supplementary
requirements (SRs), or the more restrictive PSL-2 specification for
which many SRs are mandatory. It is also important to note that certain
critical aspects of the PSL-2 specification, such as the mandatory
fracture toughness requirements, are considered minimum requirements.
Therefore, designers must evaluate, among other things, the actual
requirements for fracture toughness, strength level, weldability, and
quality assurance measures for each pipeline application and the actual
requirements should be reflected in the pipe and component purchase
specifications. We encourage pipeline designers to carefully review the
updated 5L specification and take advantage of the improved quality of
pipe manufactured under PSL-2 requirements. The mandatory minimum
fracture toughness requirements of the PSL-2 specification, and other
recent developments including tighter dimensional tolerances, stricter
controls on chemical composition, more stringent quality assurance
measures, and enhanced record keeping requirements make PSL-2 pipe
highly suitable for natural gas and hazardous liquid pipeline
applications. RSPA is currently considering amending the pipeline
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safety regulations to require the use of PSL-2 quality level or better
pipe for all future pipeline construction.
The 19th edition of the API 1104 standard, ``Welding of Pipelines
and Related Facilities,'' certain portions of which are incorporated by
reference, is also substantially different from the edition referenced
previously. As noted by several commenters, there are significant
differences in the acceptance criteria between the ultrasonic test (UT)
method and the radiography test (RT) method for weld quality. First,
some commenters suggested that adopting the new standard be postponed
until the acceptance criteria for RT and UT could be equalized. In our
judgment however, equalizing the acceptance criteria is not practical
because UT and RT are distinctly different methods providing different
sensitivity and capability. Therefore, we will continue to accept the
use of either method, along with the corresponding acceptance criteria.
Secondly, in addition to being capable of discerning cracks and crack-
like defects, UT methods must be capable of discerning defect
indications that would be acceptable under ``workmanship acceptance
criteria.'' This is important because under 49 CFR 192.241(c) and
195.228(b), the acceptability of a weld that is nondestructively tested
is determined according to the API 1104 standard. However, if a girth
weld is unacceptable under that standard for a reason other than a
crack, Appendix A of API 1104, ``Alternate Acceptance Standard for
Girth Welds,'' may determine its acceptability. Therefore, certain
planar defects--such as lack of fusion and weld undercut--can be
further assessed under that Appendix.
Since the closing date for comments to the NPRM, we note that a few
standards have been issued with more recent publication dates than
those being adopted herein. We intend to identify all relevant
standards that have been amended since the currently adopted standards
were issued and will propose to adopt the new editions as appropriate
in 2004.
Plastics Pipe Institute (PPI) Technical Report
In the NPRM, we proposed to incorporate by reference the Plastics
Pipe Institute's technical report entitled, ``Policies and Procedures
for Developing Hydrostatic Design Basis (HDB), Pressure Design Basis
(PDB), and Minimum Required Strength (MRS) Ratings for Thermoplastic
Piping Materials or Pipe'' (PPI TR-3/2000 or the ``PPI Technical
Report''). The PPI technical report provides a method for determining
the hydrostatic design basis (HDB) for pipelines operating at any
temperature by using the arithmetic interpolation procedure in Part D2
of the report entitled, ``Policy for Determining Long-Term Strength
(LTHS) by Temperature Interpolation.'' Incorporation of this report
will provide gas distribution pipeline operators with the flexibility
to design safe thermoplastic pipeline systems at a wide range of
operating temperatures. Our proposal to incorporate the PPI technical
report by reference for the first time did not draw any objection by
the commenters. Therefore, the report will be referenced in the gas
pipeline safety regulations at 49 CFR 192.121, ``Design of Plastic
Pipe.''
Other Revisions
In addition to the incorporation by reference of the most recent
editions of voluntary consensus standards and other documents, it was
proposed that the design pressure limitation for new thermoplastic pipe
be increased, that plastic pipe be permitted for certain bridge
applications, that the time period for revising maximum allowable
operating pressure (MAOP) when a change in class location occurs be
modified, that certain welding requirements be clarified, that strength
test requirements for components be modified, that the definition of a
hazardous liquid pipeline accident be revised, and that numerous
editorial changes and clarifications be made. With a few exceptions,
the comments were generally supportive of these proposals, although one
commenter suggested that substantive changes to the regulations would
be more appropriately handled in a proceeding separate from a periodic
update of referenced industry standards.
Definition of a Gas Transmission Line. Section 192.3
Section 192.3 defines the term ``transmission line,'' in part, by
the nature of the entities between which the gas is being transported.
Under subparagraph (a) of the definition, pipelines that transport gas
from a gathering line or storage facility to a distribution center,
storage facility, or ``large volume customer'' that is not downstream
of a distribution center may be considered transmission lines. A large
volume customer, in turn, is a customer who may receive similar volumes
of gas as a distribution center, and includes factories, power plants,
and institutional gas users. However, the definition of a large volume
customer appears in subparagraph (c), which deals only with the
transportation of gas within a storage field. Because the definition of
``large volume customer'' relates directly to the definition of
``transmission line,'' the proposed amendment would clarify the
application of the term by removing it from subparagraph (c) and
placing it in a separate paragraph. Several commenters suggested that
the term ``transmission line'' not be defined in terms of a ``large
volume customer'' at all. Two commenters suggested modifying the term
``distribution center'' so that it would be broad enough to encompass
these entities. In our judgment, however, it is useful to distinguish
between (local) distribution centers and large volume customers.
Therefore, we adopt the amendment as proposed.
Design of Plastic Pipe. Section 192.121
Section 192.121 prescribes the formula for determining the
hydrostatic design pressure for thermoplastic pipe. This section allows
for design pressures based on the long-term hydrostatic strength (LTHS)
to be determined in accordance with the corresponding listed pipe
material specification determined at certain temperatures. The proposed
amendment to Sec. 192.121 incorporates the PPI technical report which
provides an enhanced methodology to establish the hydrostatic design
basis (HDB) and LTHS design parameters for thermoplastic pipe. The
report also provides for interpolating HDB and LTHS data at specified
temperatures, namely 70 [deg]F (23 [deg]C), 100 [deg]F (38 [deg]C), 120
[deg]F (49 [deg]C) and 140 [deg]F (60 [deg]C). With the improvement
over time of polyethylene materials technologies and pipe manufacturing
processes, thermoplastic pipe performance and reliability has improved
significantly and the proposed amendment will provide greater
flexibility to pipe designers without compromising safety. In our
judgment, the incorporation of the PPI technical report as a guide to
interpolate the test data for pipe HDB and LTHS at intermediate
temperatures will result in a corresponding improvement in the accuracy
of determining thermoplastic pipe design parameters. Therefore, we
adopt the amendment as proposed.
Design Limitations for Plastic Pipe. Section 192.123
Section 192.123(a) limits the design pressure for thermoplastic
pipe calculated in Sec. 192.121 to less than or equal to 100 psig (689
kPa) for pipe used in gas distribution systems or in Class 3 and 4
locations. The proposed amendment to Sec. 192.123(a) allows a maximum
design pressure of 125 psig (862 kPa) for thermoplastic pipe
[[Page 32889]]
designed in accordance with Sec. 192.121. After the effective date of
this rule, design pressures at operating temperatures other than those
specified in the material specifications listed in ASTM 2513 would be
established as provided for in Part D2 of the PPI technical report (see
above discussion on the amendment of Sec. 192.121). Therefore, the
increase in pressure would correspond with the increased margin of
safety resulting from the more reliable means of establishing the
design pressure parameters using the PPI technical report. Eleven of
the commenters agreed that the proposed increase in the design pressure
limitation was warranted. AGA, for example, noted that modern
polyethylene pipe was already being operated at pressures greater than
100 psig pursuant to waivers granted by State pipeline safety
regulators and that such use had thus far proven to be reliable. AGA
further contended that the reliability of newer polyethylene pipe was
supported by laboratory and field analysis of the LTHS of these
polyethylene materials. Copies of the AGA petitions are included in the
docket. Bay State and Northern Natural Gas suggested that the design
pressure limitation be established per International Organization for
Standardization (ISO) standards, which allow any design pressure
permitted by the measured HDB. UGI Utilities suggested an even higher
maximum allowable pressure. However, because there is insufficient data
to conclude that such pressures would provide adequate safety to the
public, we conclude that prescribing a maximum pressure higher than 125
psig is unsupported at this time. It is important to note that the
design pressure limitation increase only applies to thermoplastic pipe
produced after the effective date of this rule, i.e., to pipe newly
produced in accordance with the PPI technical report method. Therefore,
in the absence of a waiver, existing pipe would continue to be limited
to a maximum operating pressure of 100 psig. Finally, members of the
TPSSC raised the issue that it might be necessary to mandate greater
burial depth to mitigate any unknown level of consequences of a failure
at higher operating pressure. The committee concluded that this matter
would be more appropriately addressed in future rulemaking. Having
considered all these comments, we adopt the amendment as proposed.
Valves. Section 192.145
Section 192.145 sets forth the minimum design requirements for
valves used in gas pipeline systems and requires that valves meet the
API 6D ``Specification for Pipeline Valves (Gate, Plug, Ball, and Check
Valves)'' standard, ``or equivalent.'' The proposed amendment would
have removed the words ``or equivalent'' from this provision. The
intent of the amendment was to reduce the burden of making ad hoc
determinations of whether alternative standards are equivalent to the
API 6D standard. The removal of the words ``or equivalent'' from this
provision was opposed by 15 commenters, who contended that the
amendment would be a major change with considerable impact to the
industry. It was also pointed out that there was no discussion on this
issue in the preamble to the NPRM. Some of the comments included
extensive material describing the variety of valve standards they felt
were equivalent to API 6D, including API 600, ANSI B16.34, and ANSI
B16.38, and contended that the level of safety provided by these
alternative standards was demonstrably adequate. The TPSSC discussed
the matter at length, questioned the need for the amendment, and
recommended that the amendment not be adopted in the final rule.
In our judgment, API 6D is the valve standard accepted worldwide
and we remain concerned about the practicability of making repeated
determinations of whether alternative standards are equivalent to the
API 6D standard. Nevertheless, we have concluded that the use of any
design standard that results in a performance level equivalent to that
of the valves made under the API 6D standard is acceptable. In light of
the comments received, we considered the following two options: (1) Not
to adopt the proposed amendment, or (2) modify the language by adding,
``* * * or to a standard that provides a level of performance
equivalent to that of API 6D.'' Upon further consideration, we have
determined that the later option satisfies both the original intent of
the proposed amendment and the concerns of the commenters. Therefore,
we adopt the amendment as modified.
Welding Procedures. Section 192.225
The proposed amendment, which was recommended by NAPSR, requires
operators to qualify welding procedures under Section 5 of the API 1104
standard or Section IX of the ASME Boiler and Pressure Vessel Code. The
intent of the amendment is to harmonize this provision with Sec.
192.227, which references API 1104 and Section IX of the ASME Boiler
and Pressure Vessel Code. We have not accepted SIRRC's suggestion that
the welding qualification regulations allow ``other accepted welding
standards'' because we are not aware of any other widely accepted
pipeline welding standards. Therefore, we adopt the amendment as
proposed.
Limitations on Welders. Section 192.229
Section 192.229 prohibits welders from performing welds on pipeline
components to be operated at a hoop stress of 20 percent or more of
SMYS unless the welder has performed a test weld meeting the acceptance
criteria of Sections 6 or 9 of API 1104 during the preceding six
calendar months. In response to requests for increased flexibility with
regard to the time period, the proposed amendment would provide an
alternative where welders who regularly perform production welds could
maintain an ongoing qualification status by making acceptable test
welds at least two times in a calendar year, but at intervals not
exceeding 7\1/2\ months. Although supportive of the idea, many
commenters noted that the proposed language was confusing. We agree
with the commenters and have revised the language without affecting the
intent of the proposed rule change. The revised language is as follows:
(1) May not weld on pipe to be operated at a pressure that
produces a hoop stress of 20 percent or more of SMYS unless within
the preceding 6 calendar months the welder has had one weld tested
and found acceptable under section 6 or 9 of API 1104.
Alternatively, welders may maintain an ongoing qualification status
by performing welds tested and found acceptable under the acceptance
criteria at least twice each calendar year, but at intervals not
exceeding 7\1/2\ months. A welder qualified under an earlier edition
of a standard listed in Appendix A may weld but may not requalify
under that earlier edition; and
The intent of the amendment is to provide flexibility in meeting the
qualification requirements for welders who regularly perform production
welds which are tested under the same acceptance criteria for test
welds referenced in Sections 6 and 9 of API 1104, while ensuring that
first time welders and welders who perform welds infrequently are
(re)qualified prior to welding. Therefore, we adopt the amendment as
modified.
Inspection of Test Welds. Section 192.241
The proposed amendment to Sec. 192.241(a) requires that visual
inspection of a weld be conducted ``by an inspector qualified by
appropriate training and experience.'' Although this amendment directly
followed a NAPSR
[[Page 32890]]
recommendation, SIRRC suggested that the use of the term ``inspector''
may be problematic and suggested changing it to ``person.'' One
commenter noted that the reasons for the proposed amendment were not
discussed in the preamble to the NPRM and suggested that the amendment
not be adopted. Although we agree that the use of the term inspector
may well be problematic, in our judgment, the term ``individual'' is
more suitable than the term ``person'' for this purpose and does not
affect the intent of the proposed amendment. Therefore, we adopt the
amendment as modified.
Installation of Plastic Pipe. Section 192.321
Recent advances in thermoplastic pipe performance and reliability
have made it suitable for certain aboveground applications. In response
to a petition by the Gas Piping Technology Committee (GPTC) and other
comments, RSPA has concurred with a number of state waivers allowing
plastic pipe installation on bridges. These waivers require that the
pipe be well protected from mechanical damage, elevated temperatures,
and ultraviolet radiation exposure. The proposed amendment would permit
the use of plastic pipe across bridges, but closely tracks the
conditions set forth in these state waivers. All comments on the
subject supported the amendment. A majority of these commenters also
suggested that, as long as the pipe is protected in accordance with the
conditions set forth in the proposed rule, the use of thermoplastic
pipe for other aboveground installations including railway crossings,
highway bridges, and similar structures should be permitted. However,
the GPTC technical report, ``Installation of Plastic Gas Pipeline
Across Bridges,'' which is available in this docket, did not provide
sufficient justification for accepting these modifications. Therefore,
we adopt the amendment as proposed.
Strength Test Requirements for Steel Pipe To Operate at a Hoop Stress
of 30 Percent or More of SMYS. Section 192.505
Under Sec. 192.505(d), the strength test requirements for pipeline
components, including non-standard components such as flanges, can be
satisfied by pressure testing, and those for components manufactured in
quantity can be satisfied by prototype testing. The proposed amendment
would enable manufacturers to establish a pressure rating by use of
standard pressure ratings in the ASME/ANSI B16.5, ``Pipe Flanges and
Flange Fittings'' or MSS SP44, ``Steel Pipe Flanges'' material
specifications, or alternatively, through unit stress calculations. The
proposed amendment would add a new subparagraph (d)(3):
The component carries a pressure rating established through
ASME/ANSI, MSS specification, (ibr, see Sec. 192.7) or a pressure
rating established by unit stress calculations as described in Sec.
192.143.
The determination of the strength of a non-standard component by
unit stress calculations is of particular relevance to situations where
one-of-a-kind, non-standard components are fabricated and the component
strength is not determined by pressure testing, prototype testing, or
use of standard pressure ratings in a listed material specification.
Five of the six commenters supported the proposed amendment. One
commenter suggested that qualifying a component by unit stress
calculations alone would be inadequate. Notably, unit stress analysis
is contemplated in the regulations as part of the design requirements
at Sec. 192.143, which also requires the analysis of loading stresses
and other design parameters. The proposed amendment was endorsed by the
GPTC, which acknowledged that the unit stress of non-standard
components should be individually analyzed and pressure tested to
ensure compliance. GPTC noted that the use of ASME/ANSI and MSS
material specifications to establish pressure ratings has been routine
for many years for manufactured standard components. In our judgment,
the proposed amendment provides additional flexibility to determine
component strength and maintains the limitation that pressure ratings
established by unit stress calculations may not exceed the ratings
listed in the standard material specifications. Therefore, we adopt the
amendment as proposed.
Change in Class Location: Confirmation or Revision of Maximum Allowable
Pressure. Section 192.611
Section 192.611(d) allows 18 months for a gas pipeline operator to
confirm or revise the maximum allowable operating pressure (MAOP) of a
pipeline after a change in class location. The proposed amendment would
increase the time period from 18 months to 24 months, and clarify that
the 24-month time period begins when a building or buildings are ready
for occupancy and not when the operator discovers that there are new
buildings or completes a class location review. Although the proposed
change was unopposed by most commenters, some SIRRC members and one
other commenter objected to the adoption of a 24-month time period
because it would have an adverse impact on operators without any
corresponding benefit. Upon further consideration, we adopt the
increase in the time period from 18 months to 24 months as proposed,
but modify the proposed language to clarify that the time period begins
when the results of a study conducted under Sec. 192.609 indicate a
change in class location. Moreover, this result is also consistent with
the intent of Section 854.2 of standard ASME B31.8. Therefore, we adopt
the proposed language.
Damage Prevention Program. Section 192.614
The proposed amendment was intended to clarify the circumstances,
such as an emergency situation, when an operator may not be able to
provide temporary marking of buried pipelines in an area of intended
excavation activity. Many commenters, including SIRRC, expressed
confusion concerning the proposed amendment and noted that there was no
discussion in the preamble to the NPRM. Upon further consideration, we
have determined that withdrawing the proposed amendment will not
significantly affect the level of safety. However, we intend to
reexamine this issue at a later date. Therefore, the proposed amendment
is not adopted.
Distribution Systems; Leakage Surveys. Section 192.723
Section 192.723 requires operators of gas distribution systems to
perform periodic leak surveys. For areas outside business districts,
the prescribed minimum interval is ``as frequently as necessary * * *
but not exceeding 5 years.'' The proposed amendment would provide
flexibility in performing the 5 year leak detection surveys by allowing
up to 63 months between surveys. The intent of the amendment was to
allow flexibility for inclement weather or other unforeseen
circumstances. The commenters expressed confusion as to definition of
certain other terms in the provision, such as ``cathodically
unprotected lines,'' and questioned the need for the additional three
months. Two of the commenters noted that there was no discussion of
this amendment in the preamble to the NPRM. Operators should plan
adequately to ensure that the leak survey interval outside business
districts is conducted every five years. However, we recognize the need
for some flexibility in the scheduling of these leakage surveys.
Therefore, we are adopting language to require that
[[Page 32891]]
leakage surveys outside of business districts be conducted at least
once every five calendar years at internals not exceeding 63 months.
Definition of Maximum Operating Pressure. Section 195.2
The proposed amendment would include the definition of the term
``maximum operating pressure'' as the maximum pressure at which a
liquid pipeline or pipeline segment may be normally operated under Part
195. No comments were filed in opposition to the amendment. Therefore,
we adopt the amendment as proposed.
Accident Reporting. Section 195.50
In the NPRM, RSPA proposed to eliminate the accident reporting
criteria discrepancy between Parts 192 and 195 by modifying Sec.
192.50(e) to ensure that the criteria are the same for both gas and
hazardous liquid pipelines. This issue was addressed and resolved in a
separate proceeding under a final rule issued on January 8, 2002 (67 FR
831). Therefore, there is no need to address this issue in this final
rule.
Welding Procedures. Section 195.214
Based on the preceding discussion of Sec. 192.225, we adopt the
amendments to Sec. 195.214 as proposed.
Inspection of Test Welds. Section 195.228
Based on the preceding discussion at Sec. 192.241, we adopt the
amendment to Sec. 195.228 as modified.
Public Education. Section 195.440
Section 195.440 requires hazardous liquid pipeline operators to
establish a continuing educational program to enable individuals to
recognize pipeline emergencies and report them to the operator and to
the authorities. The proposed amendment would have added One Call
centers to the list of entities for required reporting of emergencies.
Two of the three responders opposed the amendment, noting that the role
of One Call centers is for prior notification of intended excavation
activities to facilitate temporary marking and not for actual emergency
response. Upon further consideration, we have determined that the
amendment, as proposed, does not achieve its intended purpose.
Therefore, the proposed amendment is not adopted.
Rulemaking Analyses
Executive Order 12866 and DOT Regulatory Policies and Procedures
The Department of Transportation does not consider this action to
be a significant regulatory action under Section 3(f) of Executive
Order 12866 (58 FR 51735; Oct. 4, 1993) and, therefore, was not subject
to review by the Office of Management and Budget. This rule is not
significant under the DOT's regulatory policies and procedures (44 FR
11034; Feb. 26, 1979). This rule amends the pipeline safety regulations
to reference the most recent editions of the voluntary industry
consensus standards already incorporated by reference in the pipeline
safety regulations, gives pipeline operators additional flexibility in
the use of thermoplastic pipe, and makes certain clarifications and
corrections. These revisions are consistent with the President's goal
of regulatory reinvention and the improvement of customer service to
the American people. There are minimal costs for pipeline operators to
comply with this rule because the consensus standards were developed
and published by authoritative organizations associated with the
petroleum industry and voluntary adherence to them has been a regular
industry practice for decades. The latest editions of the consensus
standards have already been implemented by pipeline operators
throughout the United States to increase the safety and reliability of
their pipeline systems. A draft regulatory evaluation was prepared for
the NPRM and no comments were received. A final regulatory evaluation
is available in the docket.
Executive Order 13132
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism''). This
rule does not propose any regulation that: (1) 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; (2) imposes substantial direct
compliance costs on State and local governments; or (3) preempts State
law. Therefore, the consultation and funding requirements of Executive
Order 13132 do not apply. Further, this rule does not have sufficient
impacts on federalism to warrant the preparation of a federalism
assessment.
Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive Order 13084, (``Consultation and
Coordination with Indian Tribal Governments.'') Because this rule does
not significantly or uniquely affect the communities of the Indian
tribal governments, the funding and consultation requirements of
Executive Order 13175 do not apply.
Executive Order 13211
This final rule is not a significant energy action under Executive
Order 13211. It is not a significant regulatory action under Executive
Order 12866 and is not likely to have a significant adverse effect on
the supply, distribution, or use of energy. Further, this rule has not
been designated by the Administrator of the Office of Information and
Regulatory Affairs as a significant energy action.
Regulatory Flexibility Act
In this action, RSPA is incorporating by reference industry
consensus standards that are developed and published by authoritative
organizations associated with the petroleum industry. The standards
development process utilized by these organizations gives pipeline
operators of all sizes the opportunity to fully participate in the
consensus building process. Consequently, these industry codes and
standards are well known and have been implemented by small and large
pipeline operators throughout the United States and in some cases,
internationally. Moreover, RSPA's interactions with operators'
associations have presented no reason to expect that this action would
have a significant economic impact on smaller operators. In addition,
no significant adverse comments were received from small entities
during the notice and comment period. Because this final rule provides
relief from adherence to outdated standards and provides additional
operating flexibility to pipeline operators of all sizes, and will not
impose additional economic impacts for government units, businesses, or
other organizations, I certify, under Section 605 of the Regulatory
Flexibility Act (5 U.S.C. 605) that this final rule will not have a
significant economic impact on a substantial number of small entities.
Paperwork Reduction Act
This final rule contains no new information collection requirements
or additional paperwork burdens. Therefore, submitting an analysis of
the burdens to OMB pursuant to the Paperwork Reduction Act was
unnecessary.
Unfunded Mandates Reform Act of 1995
This final rule does not impose unfunded mandates under the
Unfunded Mandates Reform Act of 1995. It does not result in costs of
$100
[[Page 32892]]
million or more to either State, local, or tribal governments, in the
aggregate, or to the private sector, and is the least burdensome
alternative that achieves the objective of the rule.
Environmental Assessment
RSPA has analyzed this action for purposes of the National
Environmental Policy Act (42 U.S.C. 4321 et seq.). To the extent the
most recent editions of the standards incorporated by reference adopt
improvements in pipeline materials and control technologies, their
application is generally associated with facilities located within the
existing rights-of-way. This action does not lead directly to any
construction project or involve any land acquisition. It does not
induce significant impacts to land use, does not have a significant
impact on any natural, cultural, recreational, historic or other
resource, does not involve any significant air, water, or noise quality
impacts, does not impact travel patterns, and does not otherwise have
any significant environmental impacts. Accordingly, I have determined
that this final rule does not constitute a major Federal action
significantly affecting the quality of the human environment. An
Environmental Assessment was prepared for the NPRM. No comments were
received. A finding of no significant impact has been signed and placed
in the docket.
List of Subjects
49 CFR Part 191
Pipeline safety, Reporting and recordkeeping requirements.
49 CFR Part 192
Incorporation by reference, Natural gas, Pipeline safety, Reporting
and recordkeeping requirements.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Incorporation by reference,
Petroleum, Pipeline safety, Reporting and recordkeeping requirements.
49 CFR Part 199
Drug testing, Pipeline safety, Reporting and recordkeeping
requirements, Safety, Transportation.
0
In consideration of the foregoing, RSPA amends 49 CFR Parts 191, 192,
195, and 199 as follows:
PART 191--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE;
ANNUAL REPORTS, INCIDENT REPORTS, AND SAFETY-RELATED CONDITION
REPORTS
0
1. The authority citation for part 191 continues to read as follows:
Authority: 49 U.S.C. 5121, 60102, 60103, 60104, 60108, 60117,
60118, and 60124; and 49 CFR 1.53.
0
2. Amend Sec. 191.7 by revising the first sentence to read as follows:
Sec. 191.7 Addressee for written reports.
Each written report required by this part must be made to the
Information Resources Manager, Office of Pipeline Safety, Research and
Special Programs Administration, U.S. Department of Transportation,
Room 7128, 400 Seventh Street, SW., Washington, DC 20590.
* * * * *
PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
0
1. The authority citation for Part 192 continues to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,
60113, and 60118; and 49 CFR 1.53.
0
2. Amend Sec. 192.3 by revising the definition of Transmission line to
read as follows:
Sec. 192.3 Definitions.
* * * * *
Transmission line means:
(1) A pipeline, other than a gathering line, that:
(i) Transports gas from a gathering line, storage facility, or
another transmission line to a distribution center, storage facility,
or large volume customer that is not downstream from a distribution
center;
(ii) Operates at a hoop stress of 20 percent or more of SMYS; or
(iii) Transports gas within a storage field.
(2) A large volume customer may receive similar volumes of gas as a
distribution center, and includes factories, power plants, and
institutional users of gas.
* * * * *
0
3. Amend Sec. 192.7 by revising paragraphs (b) and (c) to read as
follows:
Sec. 192.7 Incorporation by reference.
* * * * *
(b) All incorporated materials are available for inspection in the
Research and Special programs Administration, 400 Seventh Street, SW.,
Washington, DC, or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
These materials
have been approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. In addition, the incorporated materials are available from the
respective organizations listed in paragraph (c) (1) of this section.
(c) The full titles of documents incorporated by reference, in
whole or in part, are provided herein. The numbers in parentheses
indicate applicable editions. For each incorporated document, citations
of all affected sections are provided. Earlier editions of currently
listed documents or editions of documents listed in previous editions
of 49 CFR Part 192 may be used for materials and components designed,
manufactured, or installed in accordance with these earlier documents
at the time they were listed. The user must refer to the appropriate
previous edition of 49 CFR Part 192 for a listing of the earlier listed
editions or documents.
(1) Incorporated by reference (ibr). List of Organizations and
Addresses.
(i) American Gas Association (AGA), 400 North Capitol Street, NW,
Washington, DC 20001.
(ii) American Petroleum Institute (API), 1220 L Street, NW,
Washington, DC 20005.
(iii) American Society for Testing and Materials (ASTM), 100 Barr
Harbor Drive, West Conshohocken, PA 19428.
(iv) ASME International (ASME), Three Park Avenue, New York, NY
10016-5990.
(v) Manufacturers Standardization Society of the Valve and Fittings
Industry, Inc. (MSS), 127 Park Street, NE, Vienna, VA 22180.
(vi) National Fire Protection Association (NFPA), 1 Batterymarch
Park, P.O. Box 9101, Quincy, MA 02269-9101.
(vii) Plastics Pipe Institute, Inc. (PPI), 1825 Connecticut Avenue,
NW, Suite 680, Washington, DC 20009.
(viii) NACE International (NACE), 1440 South Creek Drive, Houston,
TX 77084.
(ix) Gas Technology Institute (GTI), 1700 South Mount Prospect
Road, Des Plaines, IL 60018.
(2) Documents incorporated by reference (Numbers in Parentheses
Indicate Applicable Editions).
[[Page 32893]]
------------------------------------------------------------------------
Source and name of referenced material 49 CFR reference
------------------------------------------------------------------------
A. American Gas Association (AGA):
(1) AGA Pipeline Research Committee, Sec. Sec. 192.933(a);
Project PR-3-805, ``A Modified Criterion 192.485(c).
for Evaluating the Remaining Strength of
Corroded Pipe'' (AGA PR-3-805-1989).
B. American Petroleum Institute (API):
(1) API Specification 5L ``Specification Sec. Sec. 192.55(e);
for Line Pipe'' (API 5L,42nd edition, 192.113; Item I of
2000). Appendix B to part 192.
(2) API Recommended Practice 5L1 Sec. 192.65(a).
``Recommended Practice for Railroad
Transportation of Line Pipe'' (4th
edition, 1990).
(3) API Specification 6D ``Specification Sec. 192.145(a).
for Pipeline Valves (Gate, Plug, Ball,
and Check Valves)'' (21st edition, 1994).
(4) API 1104 ``Welding of Pipelines and Sec. Sec. 192.227(a);
Related Facilities'' (19th edition, 192.229(c)(1);
1999, including its October 31, 2001 192.241(c); Item II,
errata). Appendix B to part 192.
C. American Society for Testing and Materials
(ASTM):
(1) ASTM Designation: A 53/A53M-99b Sec. Sec. 192.113;
``Standard Specification for Pipe, Item I, Appendix B to
Steel, Black and Hot-Dipped, Zinc- part 192.
Coated, Welded and Seamless'' (ASTM A53/
A53M-99b).
(2) ASTM Designation: A106 ``Standard Sec. Sec. 192.113;
Specification for Seamless Carbon Steel Item I, Appendix B to
Pipe for High-Temperature Service'' part 192.
(A106-99).
(3) ASTM Designation: A333/A333M Sec. Sec. 192.113;
``Standard Specification for Seamless Item I, Appendix B to
and Welded Steel Pipe for Low- part 192.
Temperature Service'' (ASTM A333/A333M-
99).
(4) ASTM Designation: A372/A372M Sec. 192.177(b)(1).
``Standard Specification for Carbon and
Alloy Steel Forgings for Thin-Walled
Pressure Vessels'' (ASTM A372/A372M-
1999).
(5) ASTM Designation: A381 ``Standard Sec. Sec. 192.113;
Specification for Metal-Arc-Welded Steel Item I, Appendix B to
Pipe for Use With High-Pressure part 192.
Transmission Systems'' (ASTM A381-1996).
(6) ASTM Designation: A671 ``Standard Sec. Sec. 192.113;
Specification for Electric-Fusion-Welded Item I, Appendix B to
Steel Pipe for Atmospheric and Lower part 192.
Temperatures'' (ASTM A671-1996).
(7) ASTM Designation: A672 ``Standard Sec. Sec. 192.113;
Specification for Electric-Fusion-Welded Item I, Appendix B to
Steel Pipe for High-Pressure Service at part 192.
Moderate Temperatures'' (A672-1996).
(8) ASTM Designation: A691 ``Standard Sec. Sec. 192.113;
Specification for Carbon and Alloy Steel Item I, Appendix B to
Pipe, Electric-Fusion-Welded for High- part 192.
Pressure Service at High Temperatures''
(ASTM A691-1998).
(9) ASTM Designation: D638 ``Standard Sec. Sec.
Test Method for Tensile Properties of 192.283(a)(3);
Plastics'' (ASTM D638-1999). 192.283(b)(1).
(10) ASTM Designation: D2513-87 Sec. 192.63(a)(1).
``Standard Specification for
Thermoplastic Gas Pressure Pipe, Tubing,
and Fittings'' (ASTM D2513-1987).
(11) ASTM Designation: D2513 ``Standard Sec. Sec. 192.191(b);
Specification for Thermoplastic Gas 192.281(b)(2);
Pressure Pipe, Tubing, and Fittings. 192.283(a)(1)(i); Item
(D2513-1999). I, Appendix B to part
192.
(12) ASTM Designation: D 2517 ``Standard Sec. Sec. 192.191(a);
Specification for Reinforced Epoxy Resin 192.281(d)(1);
Gas Pressure Pipe and Fittings'' (D2517- 192.283(a)(1)(ii); Item
2000). I, Appendix B to part
192.
(13) ASTM Designation: F1055 ``Standard Sec.
Specification for Electrofusion Type 192.283(a)(1)(iii).
Polyethylene Fittings for Outside
Diameter Controlled Polyethylene Pipe
and Tubing'' (F1055-1998)..
D. ASME International (ASME):
(1) ASME/ANSI B16.1 ``Cast Iron Pipe Sec. 192.147(c).
Flanges and Flanged Fittings'' (ASME
B16.1-1998).
(2) ASME/ANSI B16.5 ``Pipe Flanges and Sec. Sec. 192.147(a);
Flanged Fittings'' (ASME B16.5-1996, 192.279.
including ASME B16.5a-1998 Addenda).
(3) ASME/ANSI B31G ``Manual for Sec. Sec. 192.485(c);
Determining the Remaining Strength of 192.933(a).
Corroded Pipelines'' (ASME/ANSI B31G-
1991).
(4) ASME/ANSI B31.8 ``Gas Transmission Sec. 192.619(a)(1)(i).
and Distribution Piping Systems'' (ASME/
ANSI B31.8-1995).
(5) ASME/ANSI B31.8S ``Supplement to Sec. Sec. 192.903(c);
B31.8 on Managing System Integrity of 192.907(b); 192.911,
Gas Pipelines'' (ASME/ANSI B31.8S-2002). Introductory text;
192.911(i); 192.911(k);
192.911(l); 192.911(m);
192.913(a) Introductory
text; 192.913(b)(1);
192.917(a) Introductory
text; 192.917(b);
192.917(c);
192.917(e)(1);
192.917(e)(4);
192.921(a)(1);
192.923(b)(2);
192.923(b)(3);
192.925(b) Introductory
text; 102.925(b)(1);
192.925(b)(2);
192.925(b)(3);
192.925(b)(4);
192.927(b);
192.927(c)(1)(i);
192.929(b)(1);
192.929(b)(2);
192.933(a);
192.933(d)(1);
192.933(d)(1)(i);
192.935(a);
192.935(b)(1)(iv);
192.937(c)(1);
192.939(a)(1)(i);
192.939(a)(1)(ii);
192.939(a)(3);
192.945(a).
(6) ASME Boiler and Pressure Vessel Code, Sec. Sec. 192.153(a).
Section I, Rules for Construction of
Power Boilers (ASME Section I-1998).
(7) ASME Boiler and Pressure Vessel Code, Sec. Sec. 192.153(a);
Section VIII, Division 1, ``Rules for 192.153(b); 192.153(d);
Construction of Pressure Vessels'' (ASME 192.165(b)(3).
Section VIII Division 1-2001).
(8) ASME Boiler and Pressure Vessel Code, Sec. Sec. 192.153(b);
Section VIII, Division 2, ``Rules for 192.165(b)(3).
Construction of Pressure Vessels:
Alternative Rules'' (ASME Section VIII
Division 2-2001).
(9) ASME Boiler and Pressure Vessel Code, Sec. Sec. 192.227(a);
Section IX, ``Welding and Brazing Item II, Appendix B to
Qualifications'' (ASME Section IX-2001). part 192.
E. Manufacturers Standardization Society of
the Valve and Fittings Industry, Inc. (MSS):
(1) MSS SP44-96 ``Steel Pipe Line Sec. 192.147(a).
Flanges'' (MSS SP-44-1996 including 1996
errata).
(2) [Reserved]...........................
[[Page 32894]]
F. National Fire Protection Association
(NFPA):
(1) NFPA 30 ``Flammable and Combustible Sec. 192.735(b).
Liquids Code'' (NFPA 30-1996).
(2) ANSI/NFPA 58 ``Liquefied Petroleum Sec. 192.11(a);
Gas Code (LP-Gas Code)'' (NFPA 58-1998). 192.11(b); 192.11(c).
(3) ANSI/NFPA 59 ``Standard for the Sec. 192.11(a);
storage and Handling of Liquefied 192.11(b); 192.11(c).
Petroleum Gases at Utility Gas Plants''
(NFPA 59-1998).
(4) ANSI/NFPA 70 ``National Electrical Sec. Sec. 192.163(e);
Code'' (NFPA 70-1996). 192.189(c).
G. Plastics Pipe Institute, Inc. (PPI):
(1) PPI TR-3/2000 ``Policies and Sec. Sec. 192.121.
Procedures for Developing Hydrostatic
Design Bases (HDB), Pressure Design
Bases (PDB), and Minimum Required
Strength (MRS) Ratings for Thermoplastic
Piping Materials ``(PPI TR-3-2000-Part E
only, ``Policy for Determining Long Term
Strength (LTHS) by Temperature
Interpolation)''.
H. NACE International (NACE):
(1) NACE Standard RP-0502-2002 ``Pipeline Sec. Sec.
External Corrosion Direct Assessment 192.923(b)(1);
Methodology'' (NACE RP-0502-2002). 192.925(b) Introductory
text; 192.925(b)(1);
192.925(b)(1)(ii);
192.925(b)(2)
Introductory text;
192.925(b)(3)
Introductory text;
192.925(b)(3)(ii);
192.925(b)(iv);
192.925(b)(4)
Introductory text;
192.925(b)(4)(ii);
192.931(d);
192.935(b)(1)(iv);
192.939(a)(2).
I. Gas Technology Institute (GTI). (Formerly
Gas Research Institute):
(1) GRI 02/0057 ``Internal Corrosion Sec. 192.927(c)(2);
Direct Assessment of Gas Transmission 192.7.
Pipelines--Methodology'' (GRI 02/0057-
2002).
------------------------------------------------------------------------
Sec. 192.113 [Amended]
0
4. Amend Sec. 192.113 by removing the words ``ASTM A53'' and adding
the words ``ASTM A53/A53M.'' in their place.
0
5. Amend Sec. 192.121 by revising the definition for ``S'' following
the equation to read as follows:
Sec. 192.121 Design of plastic pipe.
* * * * *
S = For thermoplastic pipe, the HDB determined in accordance with
the listed specification at a temperature equal to 73 [deg]F (23
[deg]C), 100 [deg]F (38 [deg]C), 120 [deg]F (49 [deg]C), or 140 [deg]F
(60 [deg]C). In the absence an HDB established at the specified
temperature, the HDB of a higher temperature may be used in determining
a design pressure rating at the specified temperature by arithmetic
interpolation using the procedure in Part E of PPI TR-3/2000 entitled,
Policy for Determining Long-Term Strength (LTHS) by Temperature
Interpolation, as published in the technical Report TR-3/2000 ``HDB/
PDB/MRS Policies'', (ibr, see Sec. 192.7). For reinforced
thermosetting plastic pipe, 11,000 psig (75,842 kPa).
* * * * *
0
6. Amend Sec. 192.123 by revising the introductory text in paragraph
(a), revising paragraph (b)(2)(i), and adding a new paragraph (e) to
read as follows:
Sec. 192.123 Design limitations for plastic pipe.
(a) Except as provided in paragraph (e) of this section, the design
pressure may not exceed a gauge pressure of 125 psig (862 kPa) for
plastic pipe used in:
* * * * *
(b) * * *
(2) * * *
(i) For thermoplastic pipe, the temperature at which the HDB used
in the design formula under Sec. 192.121 is determined.
* * * * *
(e) The design pressure for thermoplastic pipe produced after
[insert effective date of final rule] may exceed a gauge pressure of
100 psig (689 kPa) provided that:
(1) The design pressure does not exceed 125 psig (862 kPa);
(2) The material is a PE2406 or a PE3408 as specified within ASTM
D2513 (ibr, see Sec. 192.7);
(3) The pipe size is nominal pipe size (IPS) 12 or less; and
(4) The design pressure is determined in accordance with the design
equation defined in Sec. 192.121.
0
7. Amend ( 192.144 by revising the introductory text and paragraph (b)
introductory text to read as follows:
Sec. 192.144 Qualifying metallic components.
Notwithstanding any requirement of this subpart which incorporates
by reference an edition of a document listed in Sec. 192.7 or Appendix
B of this part, a metallic component manufactured in accordance with
any other edition of that document is qualified for use under this part
if--
(a) * * *
(b) The edition of the document under which the component was
manufactured has equal or more stringent requirements for the following
as an edition of that document currently or previously listed in Sec.
192.7 or appendix B of this part:
* * * * *
0
8. Amend Sec. 192.145 by revising paragraph (a) to read as follows:
Sec. 192.145 Valves.
(a) Except for cast iron and plastic valves, each valve must meet
the minimum requirements of API 6D (ibr, see Sec. 192.7), or to a
national or international standard that provides an equivalent
performance level. A valve may not be used under operating conditions
that exceed the applicable pressure-temperature ratings contained in
those requirements.
* * * * *
0
9. Amend Sec. 192.225 by revising the section heading and paragraph
(a) to read as follows:
Sec. 192.225 Welding procedures.
(a) Welding must be performed by a qualified welder in accordance
with welding procedures qualified under section 5 of API 1104 (ibr, see
Sec. 192.7) or section IX of the ASME Boiler and Pressure Vessel Code
`` Welding and Brazing Qualifications'' (ibr, see Sec. 192.7) to
produce welds meeting the requirements of this subpart. The quality of
the test welds used to qualify welding procedures shall be determined
by destructive testing in accordance with the applicable welding
standard(s).
* * * * *
0
10. Amend Sec. 192.227 by revising paragraph (a) to read as follows:
Sec. 192.227 Qualification of welders.
(a) Except as provided in paragraph (b) of this section, each
welder must be qualified in accordance with section 6 of API 1104 (ibr,
see Sec. 192.7) or section IX of the ASME Boiler and Pressure Vessel
Code (ibr, see Sec. 192.7) . However,
[[Page 32895]]
a welder qualified under an earlier edition than listed in appendix A
of this part may weld but may not requalify under that earlier edition.
* * * * *
0
11. Amend Sec. 192.229 by revising paragraph (c)(1) to read as
follows:
Sec. 192.229 Limitations on welders.
* * * * *
(c) * * *
(1) May not weld on pipe to be operated at a pressure that produces
a hoop stress of 20 percent or more of SMYS unless within the preceding
6 calendar months the welder has had one weld tested and found
acceptable under the sections 6 or 9 of API Standard 1104 (ibr, see
Sec. 192.7). Alternatively, welders may maintain an ongoing
qualification status by performing welds tested and found acceptable
under the above acceptance criteria at least twice each calendar year,
but at intervals not exceeding 7\1/2\ months. A welder qualified under
an earlier edition of a standard listed in Sec. 192.7 of this part may
weld but may not requalify under that earlier edition; and
* * * * *
0
12. Amend Sec. 192.241 by revising paragraphs (a) introductory text
and paragraph (c) to read as follows:
Sec. 192.241 Inspection and test of welds.
(a) Visual inspection of welding must be conducted by an individual
qualified by appropriate training and experience to ensure that:
* * * * *
(c) The acceptability of a weld that is nondestructively tested or
visually inspected is determined according to the standards in Section
9 of API Standard 1104 (ibr, see Sec. 192.7). However, if a girth weld
is unacceptable under those standards for a reason other than a crack,
and if Appendix A to API 1104 applies to the weld, the acceptability of
the weld may be further determined under that appendix.
0
13. Amend Sec. 192.283 by revising the section heading, paragraphs
(a)(1)(i), (a)(1)(ii), (a)(1)(iii), (a)(3), and (b)(1) to read as
follows:
Sec. 192.283 Plastic pipe: Qualifying joining procedures.
(a) * * *
(1) * * *
(i) In the case of thermoplastic pipe, paragraph 6.6 (sustained
pressure test) or paragraph 6.7 (Minimum Hydrostatic Burst Test) or
paragraph 8.9 ( Sustained Static pressure Test) of ASTM D2513 (ibr, see
Sec. 192.7);
(ii) In the case of thermosetting plastic pipe, paragraph 8.5
(Minimum Hydrostatic Burst Pressure) or paragraph 8.9 (Sustained Static
Pressure Test) of ASTM D2517; (ibr, see Sec. 192.7); or
(iii) In the case of electrofusion fittings for polyethylene pipe
and tubing, paragraph 9.1 (Minimum Hydraulic Burst Pressure Test),
paragraph 9.2 (Sustained Pressure Test), paragraph 9.3 (Tensile
Strength Test), or paragraph 9.4 (Joint Integrity Tests) of ASTM
Designation F1055, (ibr, see Sec. 192.7).
(2) * * *
(3) For procedures intended for non-lateral pipe connections,
follow the tensile test requirements of ASTM D638 (ibr, see Sec.
192.7), except that the test may be conducted at ambient temperature
and humidity If the specimen elongates no less than 25 percent or
failure initiates outside the joint area, the procedure qualifies for
use.
(b) * * *
(1) Use an apparatus for the test as specified in ASTM D 638
(except for conditioning), (ibr, see Sec. 192.7).
* * * * *
0
14. Amend Sec. 192.285 by revising the section heading to read as
follows:
Sec. 192.285 Plastic pipe: Qualifying persons to make joints.
* * * * *
0
15. Amend Sec. 192.287 by revising the section heading to read as
follows:
Sec. 192.287 Plastic pipe: Inspection of joints.
* * * * *
0
16. Amend Sec. 192.321 by revising paragraph (a) and by adding a new
paragraph (h) to read as follows:
Sec. 192.321 Installation of plastic pipe.
(a) Plastic pipe must be installed below ground level except as
provided by paragraphs (g) and (h) of this section.
* * * * *
(h) Plastic pipe may be installed on bridges provided that it is:
(1) Installed with protection from mechanical damage, such as
installation in a metallic casing;
(2) Protected from ultraviolet radiation; and
(3) Not allowed to exceed the pipe temperature limits specified in
Sec. 192.123.
0
17. Amend Sec. 192.505 by revising paragraphs (d)(1), (d)(2), and by
adding paragraph (d)(3) to read as follows:
Sec. 192.505 Strength test requirements for steel pipeline to operate
at a hoop stress of 30 percent or more of SMYS.
* * * * *
(d) * * *
(1) The component was tested to at least the pressure required for
the pipeline to which it is being added; or
(2) The component was manufactured under a quality control system
that ensures that each item manufactured is at least equal in strength
to a prototype and that the prototype was tested to at least the
pressure required for the pipeline to which it is being added; or
(3) The component carries a pressure rating established through
applicable ASME/ANSI, MSS specifications, or by unit strength
calculations as described in Sec. 192.143.
* * * * *
0
18. Amend Sec. 192.611 by revising paragraph (d) to read as follows:
Sec. 192.611 Change in class location: Confirmation or revision of
maximum allowable operating pressure.
* * * * *
(d) Confirmation or revision of the maximum allowable operating
pressure that is required as a result of a study under Sec. 192.609
must be completed within 24 months of the change in class location.
Pressure reduction under paragraph (a) (1) or (2) of this section
within the 24-month period does not preclude establishing a maximum
allowable operating pressure under paragraph (a)(3) of this section at
a later date.
0
19. Amend Sec. 192.723 by revising the first sentence in paragraph
(b)(2) to read as follows:
Sec. 192.723 Distribution systems: Leakage surveys.
* * * * *
(b) * * *
(2) A leakage survey with leak detector equipment must be conducted
outside business districts as frequently as necessary, but at least
once every 5 calendar years at intervals not exceeding 63 months. * * *
Appendix A to Part 192 [Removed and Reserved]
0
20. Remove and reserve Appendix A.
0
21. Appendix B to Part 192 are revised to read as follows:
Appendix B to Part 192--Qualification of Pipe
I. Listed Pipe Specification
API 5L--Steel pipe, ``API Specification for Line Pipe'' (ibr,
see Sec. 192.7)
ASTM A 53/A53M-99b--Steel pipe, ``Standard Specification for
Pipe, Steel Black and Hot-Dipped, Zinc-Coated, welded and
Seamless''(ibr, see Sec. 192.7)
ASTM A 106--Steel pipe, ``Standard Specification for Seamless
Carbon Steel Pipe for High temperature Service'' (ibr, see Sec.
192.7)
[[Page 32896]]
ASTM A 333/A 333M--Steel pipe, ``Standard Specification for
Seamless and Welded steel Pipe for Low Temperature Service'' (ibr,
see Sec. 192.7)
ASTM A 381--Steel pipe, ``Standard specification for Metal-Arc-
Welded Steel Pipe for Use with High-Pressure Transmission Systems''
(ibr, see Sec. 192.7)
ASTM A 671--Steel pipe, ``Standard Specification for Electric-
Fusion-Welded Pipe for Atmospheric and Lower Temperatures'' (ibr,
see Sec. 192.7)
ASTM A 672--Steel pipe, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate
Temperatures'' (ibr, see Sec. 192.7)
ASTM A 691--Steel pipe, ``Standard Specification for Carbon and
Alloy Steel Pipe, Electric-Fusion-Welded for High Pressure Service
at High Temperatures'' (ibr, see Sec. 192.7)
ASTM D 2513-1999 ``Thermoplastic pipe and tubing, ``Standard
Specification for Thermoplastic Gas Pressure Pipe, Tubing, and
Fittings'' (ibr, see Sec. 192.7)
ASTM D 2517--Thermosetting plastic pipe and tubing, ``Standard
Specification Reinforced Epoxy Resin Gas Pressure Pipe and
Fittings'' (ibr, see Sec. 192.7)
II. Steel Pipe of Unknown or Unlisted Specification
A. Bending Properties. * * *
B. Weldability. A girth weld must be made in the pipe by a
welder who is qualified under subpart E of this part. The weld must
be made under the most severe conditions under which welding will be
allowed in the field and by means of the same procedure that will be
used in the field. On pipe more than 4 inches (102 millimeters) in
diameter, at least one test weld must be made for each 100 lengths
of pipe. On pipe 4 inches (102 millimeters) or less in diameter, at
least one test weld must be made for each 400 lengths of pipe. The
weld must be tested in accordance with API Standard 1104 (ibr, see
Sec. 192.7). If the requirements of API Standard 1104 cannot be
met, weldability may be established by making chemical tests for
carbon and manganese, and proceeding in accordance with section IX
of the ASME Boiler and Pressure Vessel Code (ibr, see Sec. 192.7).
The same number of chemical tests must be made as are required for
testing a girth weld.
C. Inspection. * * *
D. Tensile properties. If the tensile properties of the pipe are
not known, the minimum yield strength may be taken as 24,000 p.s.i.
(165 MPa) or less, or the tensile properties may be established by
performing tensile test as set forth in API Specification 5L (ibr,
see Sec. 192.7).
* * * * *
0
22. Amend Appendix C to Part 192 by adding a sentence at the end of
paragraph I to read as follows:
Appendix C--Qualification of Welders for Low Stress Level Pipe
I. * * * A welder who successfully passes a butt-weld
qualification test under this section shall be qualified to weld on
all pipe diameters less than or equal to 12 inches.
* * * * *
PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
0
1. The authority citation for part 195 continues to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60118;
and 49 CFR 1.53.
0
2. Amend Sec. 195.2 by adding a definition in alphabetical order to
read as follows:
Sec. 195.2 Definitions.
* * * * *
Maximum operating pressure (MOP) means the maximum pressure at
which a pipeline or segment of a pipeline may be normally operated
under this part.
* * * * *
0
3. Amend Sec. 195.3 by revising the section heading, paragraph (b),
and paragraph (c) to read as follows:
Sec. 195.3 Matter incorporated by reference in whole or in part.
* * * * *
(b) All incorporated materials are available for inspection in the
Research and Special Programs Administration, 400 Seventh Street, SW,
Washington, DC, or at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
These materials
have been approved for incorporation by reference by the Director of
the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part
51. In addition, materials incorporated by reference are available as
follows:
(1) American Gas Association (AGA), 400 North Capitol Street, NW,
Washington, DC 20001.
(2) American Petroleum Institute (API), 1220 L Street, NW, Washington,
DC 20005.
(3) ASME International (ASME), Three Park Avenue, New York, NY 10016-
5990.
(4) Manufacturers Standardization Society of the Valve and Fittings
Industry, Inc. (MSS), 127 Park Street, NE, Vienna, VA 22180.
(5) American Society for Testing and Materials (ASTM), 100 Barr Harbor
Drive, West Conshohocken, PA 19428.
(6) National Fire Protection Association (NFPA), 1 Batterymarch Park,
P.O. Box 9101, Quincy, MA 02269-9101.
(7) NACE International, 1440 South Creek Drive, Houston, TX 77084
(c) The full titles of publications incorporated by reference
wholly or partially in this part are as follows. Numbers in parentheses
indicate applicable editions:
------------------------------------------------------------------------
Source and name of referenced material 49 CFR reference
------------------------------------------------------------------------
A. American Gas Association (AGA):
(1) AGA Pipeline Research Committee, Sec. 195.452(h)(4)(B).
Project PR-3-805, ``A Modified Criterion
for Evaluating the Remaining Strength of
Corroded Pipe'' (December 22, 1989). The
RSTRENG program may be used for
calculating remaining strength.
(2) [Reserved]. .........................
B. American Petroleum Institute (API): .........................
(1) API Specification 5L ``Specification Sec. Sec.
for Line Pipe'' (42nd edition, 2000). 195.106(b)(1)(i);
195.106(e).
(2) API Specification 6D ``Specification Sec. 195.116(d).
for Pipeline Valves (Gate, Plug, Ball,
and Check Valves)'' (21st edition, 1994).
(3) API Specification 12F ``Specification Sec. Sec.
for Shop Welded Tanks for Storage of 195.132(b)(1);
Production Liquids'' (11th edition, 195.205(b)(2);
November 1994). 195.264(b)(1);
195.264(e)(1);
195.307(a); 195.565;
195.579(d).
(4) API 510 ``Pressure Vessel Inspection Sec. Sec. 195/
Code: Maintenance Inspection, Rating, 205(b)(3); 195.432(c).
Repair, and Alteration'' (8th edition,
June 1997, and Addenda 1 through 4).
(5) API Standard 620 ``Design and Sec. Sec.
Construction of Large, Welded, Low- 195.132(b)(2);
Pressure Storage Tanks'' (9th edition). 195.205(b)(2);
195.264(b)(1);
195.264(e)(3);
195.307(b).
(6) API 650 ``Welded Steel Tanks for Oil Sec. Sec.
Storage'' (1998). 195.132(b)(3);
195.205(b)(1);
195.264(b)(1);
195.264(e)(2);
195.307(c); 195.307(d);
195.565; 195.579(d).
[[Page 32897]]
(7) API Recommended Practice 651 Sec. Sec. 195.565;
``Cathodic Protection of Aboveground 195.579(d).
Petroleum Storage Tanks'' (2nd edition,
December 1997).
(8) API Recommended Practice 652 ``Lining Sec. 195.579(d).
of Aboveground Petroleum Storage Tank
Bottoms'' (2nd edition, December 1997).
(9) API Standard 653 ``Tank Inspection, Sec. 195.205(b)(1);
Repair, Alteration, and Reconstruction'' 195.432(b).
(3rd edition, 2001, and Addendum 1,
2003).
(10) API 1104 ``Welding of Pipelines and Sec. Sec. 195.222;
Related Facilities'' (19th edition, 1999 195.228(b).
plus its October 31, 2001 errata).
(11) API Standard 2000 ``Venting Sec. Sec.
Atmospheric and Low-Pressure Storage 195.264(e)(2);
Tanks'' (4th edition, September 1992). 195.264(e)(3).
(12) API 1130 ``Computational Pipeline Sec. Sec. 195.134;
Monitoring'' (1st edition, 1995). 195.444.
(13) API Recommended Practice 2003 Sec. 195.405(a).
``Protection Against Ignitions Arising
out of Static, Lightning, and Stray
Currents'' (6th edition, 1998).
(14) API Publication 2026 ``Safe Access/ Sec. 195.405(b).
Egress Involving Floating Roofs of
Storage Tanks in Petroleum Service''
(2nd edition, 1998).
(15) API Recommended Practice 2350 Sec. 195.428(c).
``Overfill Protection for Storage Tanks
In Petroleum Facilities'' (2nd edition,
1996).
(16) API Standard 2510 ``Design and Sec. Sec.
Construction of LPG Installations''(7th 195.132(b)(3);
edition, 1995). 195.205(b)(3);
195.264(b)(2);
195.264(e)(4);
195.307(e); 195.428(c);
195.432(c).
C. ASME International (ASME):
(1) ASME/ANSI B16.9 ``Factory-Made Sec. 195.118(a).
Wrought Steel Butt welding Fittings''
(1993).
(2) ASME/ANSI B31.4 ``Pipeline Sec. 195.452(h)(4)(i).
Transportation Systems for Liquid
Hydrocarbons and Other Liquids'' (1998).
(3) ASME/ANSI B31G ``Manual for Sec. Sec.
Determining the Remaining Strength of 195.452(h)(4)(i)(B);
Corroded Pipelines'' (1991). 195.452(h)(4)(iii)(D).
(4) ASME/ANSI B31.8 ``Gas Transmission Sec. 195.5(a)(1)(i);
and Distribution Piping Systems'' (1995). 195.406(a)(1)(i).
(5) ASME Boiler and Pressure vessel Code, Sec. 195.124;
Section VIII, Division 1 ``Rules for 195.307(e).
Construction of Pressure Vessels,''
(1998 edition with 2000 addenda).
(6) ASME Boiler and Pressure Vessel Code, Sec. 195.307(e).
Section VIII, Division 2 ``Alternate
Rules for Construction for Pressure
Vessels'' (2001 Edition).
(7) ASME Boiler and Pressure vessel Code, Sec. 195.222.
Section IX ``Welding and Brazing
Qualifications,'' (2001 Edition).
D. Manufacturers Standardization Society of
the Valve and Fittings Industry, Inc. (MSS):
(1) MSS SP-75 ``Specification for High Sec. 195.118(a).
Test Wrought Butt Welding Fittings''
(1993).
(2) [Reserved]. .........................
E. American Society for Testing and Materials
(ASTM):
(1) ASTM Designation: A53/A53M ``Standard Sec. 195.106(e).
Specification for Pipe, Steel, Black and
Hot-Dipped, Zinc-Coated Welded and
Seamless'' (A53/A53M-99b).
(2) ASTM Designation: A106 ``Standard Sec. 195.106(e).
Specification for Seamless Carbon Steel
Pipe for High-Temperature Service''
(A106-99).
(3) ASTM Designation: A 333/A 333M Sec. 195.106(e).
``Standard Specification for Seamless
and Welded Steel Pipe for Low-
Temperature Service''(A 333/A 333M-99).
(4) ASTM Designation: A 381 ``Standard Sec. 195.106(e).
Specification for Metal-Arc-Welded Steel
Pipe for Use With High-Pressure
Transmission Systems'' (A 381-96).
(5) ASTM Designation: A 671 ``Standard Sec. 195.106(e).
Specification for Electric-Fusion-Welded
Steel Pipe for Atmospheric and Lower
Temperatures'' (A 671-96).
(6) ASTM Designation: A 672 ``Standard Sec. 195.106(e).
Specification for Electric-Fusion-Welded
Steel Pipe for High-Pressure Service at
Moderate Temperatures'' (A 672-96).
(7) ASTM Designation: A 691 ``Standard Sec. 195.106(e).
Specification for Carbon and Alloy Steel
Pipe Electric-Fusion-Welded for High-
Pressure Service at High Temperatures''
(A 691-98).
F. National Fire Protection Association
(NFPA):
(1) ANSI/NFPA 30 ``Flammable and Sec. 195.264(b)(1).
Combustible Liquids Code'' (1996).
(2) [Reserved]. .........................
G. NACE International (NACE):
(1) NACE Standard RP-169-96: ``Control of Sec. 195.571.
External Corrosion on Underground or
Submerged Metallic Piping Systems''
(1996).
(2) Reserved. .........................
------------------------------------------------------------------------
0
4. Amend Sec. 195.58 by revising the first sentence to read as
follows:
Sec. 195.58 Address for written reports.
Each written report required by this subpart must be made to the
Information Resources Manager, Office of Pipeline Safety, Research and
Special Programs Administration, U.S. Department of Transportation,
Room 7128, 400 Seventh Street, SW., Washington, DC 20590.
* * *
0
5. Amend Sec. 195.214 by revising the section heading and paragraph
(a) to read as follows:
Sec. 195.214 Welding procedures.
(a) Welding must be performed by a qualified welder in accordance
with welding procedures qualified under Section 5 of API 1104 or
Section IX of the ASME Boiler and Pressure Vessel Code (ibr, see Sec.
195.3) . The quality of the test welds used to qualify the welding
procedure shall be determined by destructive testing.
* * * * *
0
6. Section 195.222 is revised to read as follows:
Sec. 195.222 Welders: Qualification of welders.
Each welder must be qualified in accordance with Section 6 of API
1104 (ibr, see Sec. 195.3) or Section IX of the
[[Page 32898]]
ASME Boiler and Pressure Vessel Code, (ibr, see Sec. 195.3) except
that a welder qualified under an earlier edition than listed in Sec.
195.3 may weld but may not requalify under that earlier edition.
0
7. Amend Sec. 195.228 by revising paragraph (b) to read as follows:
Sec. 195.228 Welds and welding inspection: Standards of
acceptability.
* * * * *
(b) The acceptability of a weld is determined according to the
standards in Section 9 of API 1104. However, if a girth weld is
unacceptable under those standards for a reason other than a crack, and
if Appendix A to API 1104 (ibr, see Sec. 195.3) applies to the weld,
the acceptability of the weld may be determined under that appendix.
PART 199--DRUG AND ALCOHOL TESTING
0
1. The authority citation for part 199 continues to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60117, and
60118; 49 CFR 1.53.
0
2. Amend Sec. 199.119 by revising paragraph (b) to read as follows:
Sec. 199.119 Reporting of anti-drug testing results.
* * * * *
(b) Each report required under this section shall be submitted to
the Office of Pipeline Safety, Research and Special Programs
Administration, U.S. Department of Transportation, Room 7128, 400
Seventh Street, SW, Washington, DC 20590.
* * * * *
0
3. Amend Sec. 199.229 by revising paragraph (c) to read as follows:
Sec. 199.229 Reporting of alcohol testing results.
* * * * *
(c) Each report required under this section shall be submitted to
the Office of Pipeline Safety, Research and Special Programs
Administration, U.S. Department of Transportation, Room 7128, 400
Seventh Street, SW, Washington, DC 20590.
* * * * *
Issued in Washington, DC, on April 23, 2004.
Samuel G. Bonasso,
Deputy Administrator.
[FR Doc. 04-12070 Filed 6-10-04; 8:45 am]
BILLING CODE 4910-60-P