**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.

## 

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](mailto:gopla.vinjamuri@rspa.dot.gov)

[gopla.vinjamuri@RSPA.dot.gov](mailto: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](http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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](http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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 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 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 §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
70ºF (23ºC), 100ºF (38ºC), 120ºF (49ºC) and 140ºF (60ºC). 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 §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 §192.123(a) allows a maximum design pressure of
125 psig (862 kPa) for thermoplastic pipe designed in accordance with
§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 §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 §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\\½\\ 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\\½\\ 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 §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
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 §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 §192.7) or a pressure rating established by
unit stress calculations as described in §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
§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 §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 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 §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 §192.225, we adopt the amendments
to §195.214 as proposed.

*Inspection of Test Welds. Section 195.228*

Based on the preceding discussion at §192.241, we adopt the amendment to
§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
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.

■ 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**

■ 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.

■ 2. Amend §191.7 by revising the first sentence to read as follows:

**§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**

■ 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.

■ 2. Amend §192.3 by revising the definition of Transmission line to
read as follows:

§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.

\* \* \* \* \*

■ 3. Amend §192.7 by revising paragraphs (b) and (c) to read as follows:

**§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).

+---------------------------------------------------+------------------+
| Source and name of referenced material            | 49 CFR reference |
+---------------------------------------------------+------------------+
| A. American Gas Association (AGA):                | §§ 192.933(a);   |
|                                                   | 192.485(c).      |
| \(1\) AGA Pipeline Research Committee,Project     |                  |
| PR-3-805, "A Modified Criterion for Evaluating    |                  |
| the Remaining Strength of Corroded Pipe" (AGA     |                  |
| PR-3-805-1989).                                   |                  |
+---------------------------------------------------+------------------+
| B. American Petroleum Institute (API):            | §§ 192.55(e);    |
|                                                   | 192.113; Item I  |
| \(1\) API Specification 5L "Specification for     | of Appendix B to |
| Line Pipe" (API 5L,42nd edition, 2000).           | part 192.        |
+---------------------------------------------------+------------------+
| \(2\) API Recommended Practice 5L1 "Recommended   | §192.65(a).      |
| Practice for Railroad Transportation of Line      |                  |
| Pipe" (4^th^ edition, 1990).                      |                  |
+---------------------------------------------------+------------------+
| \(3\) API Specification 6D "Specification for     | §192.145(a).     |
| Pipeline Valves (Gate, Plug, Ball, and Check      |                  |
| Valves)" (21st edition, 1994).                    |                  |
+---------------------------------------------------+------------------+
| \(4\) API 1104 "Welding of Pipelines and Related  | §§ 192.227(a);   |
| Facilities" (19th edition, 1999, including its    | 192.229(c)(1);   |
| October 31, 2001 errata).                         | 192.241(c); Item |
|                                                   | II, Appendix B   |
|                                                   | to part 192.     |
+---------------------------------------------------+------------------+
| C. American Society for Testing and Materials     | §§ 192.113;Item  |
| (ASTM):                                           | I, Appendix B to |
|                                                   | part 192         |
| \(1\) ASTM Designation: A 53/A53M-99b "Standard   |                  |
| Specification for Pipe, Steel, Black and          |                  |
| Hot-Dipped, Zinc Coated, Welded and Seamless"     |                  |
| (ASTM A53/A53M-99b).                              |                  |
+---------------------------------------------------+------------------+
| \(2\) ASTM Designation: A106 "Standard            | §192.113; Item   |
| Specification for Seamless Carbon Steel Pipe for  | I, Appendix B to |
| High-Temperature Service" (A106-99).              | part 192.        |
+---------------------------------------------------+------------------+
| \(3\) ASTM Designation: A333/A333M "Standard      | §192.113; Item   |
| Specification for Seamless and Welded Steel Pipe  | I, Appendix B to |
| for Low- Temperature Service" (ASTM               | part 192.        |
| A333/A333M-99).                                   |                  |
+---------------------------------------------------+------------------+
| \(4\) ASTM Designation: A372/A372M "Standard      | §192.177(b)(1).  |
| Specification for Carbon and Alloy Steel Forgings |                  |
| for Thin-Walled Pressure Vessels" (ASTM           |                  |
| A372/A372M-1999).                                 |                  |
+---------------------------------------------------+------------------+
| \(5\) ASTM Designation: A381 "Standard            | §192.113; Item   |
| Specification for Metal-Arc-Welded Steel Pipe for | I, Appendix B to |
| Use With High-Pressure Transmission Systems"      | part 192.        |
| (ASTM A381-1996).                                 |                  |
+---------------------------------------------------+------------------+
| \(6\) ASTM Designation: A671 "Standard            | §192.113; Item   |
| Specification for Electric-Fusion-Welded Steel    | I, Appendix B to |
| Pipe for Atmospheric and Lower Temperatures"      | part 192.        |
| (ASTM A671-1996).                                 |                  |
+---------------------------------------------------+------------------+
| \(7\) ASTM Designation: A672 "Standard            | §192.113; Item   |
| Specification for Electric-Fusion-Welded Steel    | I, Appendix B to |
| Pipe for High-Pre                                 | part 192.        |
|                                                   |                  |
| ssure Service at Moderate Temperatures"           |                  |
| (A672-1996).                                      |                  |
+---------------------------------------------------+------------------+
| \(8\) ASTM Designation: A691 "Standard            | §192.113; Item   |
| Specification for Carbon and Alloy Steel Pipe,    | I, Appendix B to |
| Electric-Fusion-Welded for High- Pressure Service | part 192.        |
| at High Temperatures" (ASTM A691-1998).           |                  |
+---------------------------------------------------+------------------+
| \(9\) ASTM Designation: D638 "Standard Test       | §§               |
| Method for Tensile Properties of Plastics" (ASTM  | 192.283(a)(3);   |
| D638-1999).                                       | 192.283(b)(1).   |
+---------------------------------------------------+------------------+
| \(10\) ASTM Designation: D2513-87 "Standard       | § 192.63(a)(1).  |
| Specification for Thermoplastic Gas Pressure      |                  |
| Pipe, Tubing, and Fittings" (ASTM D2513-1987).    |                  |
+---------------------------------------------------+------------------+
| \(11\) ASTM Designation: D2513 "Standard          | §§ 192.191(b);   |
| Specification for Thermoplastic Gas Pressure      | 192.281(b)(2);   |
| Pipe, Tubing, and Fittings. (D2513-1999).         | 1                |
|                                                   | 92.283(a)(1)(i); |
|                                                   | Item I, Appendix |
|                                                   | B to part 192.   |
+---------------------------------------------------+------------------+
| \(12\) ASTM Designation: D 2517 "Standard         | §§ 192.191(a);   |
| Specification for Reinforced Epoxy Resin Gas      | 192.281(d)(1);   |
| Pressure Pipe and Fittings" (D2517-2000).         | 19               |
|                                                   | 2.283(a)(1)(ii); |
|                                                   | Item I, Appendix |
|                                                   | B to part 192.   |
+---------------------------------------------------+------------------+
| \(13\) ASTM Designation: F1055 "Standard          | §                |
| Specification for Electrofusion Type Polyethylene | 192              |
| Fittings for Outside Diameter Controlled          | .283(a)(1)(iii). |
| Polyethylene Pipe and Tubing" (F1055-1998).       |                  |
+---------------------------------------------------+------------------+
| D. ASME International (ASME):                     | § 192.147(c).    |
|                                                   |                  |
| \(1\) ASME/ANSI B16.1 "Cast Iron Pipe Flanges and |                  |
| Flanged Fittings" (ASME B16.1-1998).              |                  |
+---------------------------------------------------+------------------+
| \(2\) ASME/ANSI B16.5 "Pipe Flanges and Flanged   | §§ 192.147(a);   |
| Fittings" (ASME B16.5-1996, including ASME        | 192.279.         |
| B16.5a-1998 Addenda).                             |                  |
+---------------------------------------------------+------------------+
| \(3\) ASME/ANSI B31G "Manual for Determining the  | §§ 192.485(c);   |
| Remaining Strength of Corroded Pipelines"         | 192.933(a).      |
| (ASME/ANSI B31G-1991).                            |                  |
+---------------------------------------------------+------------------+
| \(4\) ASME/ANSI B31.8 "Gas Transmission and       | §1               |
| Distribution Piping Systems" (ASME/ ANSI          | 92.619(a)(1)(i). |
| B31.8-1995).                                      |                  |
+---------------------------------------------------+------------------+
| \(5\) ASME/ANSI B31.8S "Supplement to B31.8 on    | §§ 192.903(c);   |
| Managing System Integrity of Gas Pipelines"       | 192.907(b);      |
| (ASME/ANSI B31.8S-2002).                          | 192.911,         |
|                                                   | Introductory     |
|                                                   | text;            |
|                                                   | 192.911(i);      |
|                                                   | 192.911(k);      |
|                                                   | 192.911(l);      |
|                                                   | 192.911(m);      |
|                                                   | 192.913(a)       |
|                                                   | Introductory     |
|                                                   | text;            |
|                                                   | 192.913(b)(1);   |
|                                                   | 192.917(a)       |
|                                                   | Introductory     |
|                                                   | text;            |
|                                                   | 192.917(b);      |
|                                                   | 192.917(c);      |
|                                                   | 192.917(e)(1);   |
|                                                   | 192.917(e)(4);   |
|                                                   | 192.921(a)(1);   |
|                                                   | 192.923(b)(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);      |
|                                                   | 1                |
|                                                   | 92.927(c)(1)(i); |
|                                                   | 192.929(b)(1);   |
|                                                   | 192.929(b)(2);   |
|                                                   | 192.933(a);      |
|                                                   | 192.933(d)(1);   |
|                                                   | 1                |
|                                                   | 92.933(d)(1)(i); |
|                                                   | 192.935(a);      |
|                                                   | 19               |
|                                                   | 2.935(b)(1)(iv); |
|                                                   | 192.937(c)(1);   |
|                                                   | 1                |
|                                                   | 92.939(a)(1)(i); |
|                                                   | 19               |
|                                                   | 2.939(a)(1)(ii); |
|                                                   | 192.939(a)(3);   |
|                                                   | 192.945(a).      |
+---------------------------------------------------+------------------+
| \(6\) ASME Boiler and Pressure Vessel Code,       | §§ 192.153(a).   |
| Section I, Rules for Construction of Power        |                  |
| Boilers (ASME Section I-1998).                    |                  |
+---------------------------------------------------+------------------+
|                                                   |                  |
+---------------------------------------------------+------------------+
| \(7\) ASME Boiler and Pressure Vessel Code,       | §§ 192.153(a);   |
| Section VIII, Division 1, "Rules for Construction | 192.153(b);      |
| of Pressure Vessels" (ASME Section VIII Division  | 192.153(d);      |
| 1-2001).                                          | 192.165(b)(3).   |
+---------------------------------------------------+------------------+
| \(8\) ASME Boiler and Pressure Vessel Code,       | §§ 192.153(b);   |
| Section VIII, Division 2, "Rules for Construction | 192.165(b)(3).   |
| of Pressure Vessels: Alternative Rules" (ASME     |                  |
| Section VIII Division 2-2001).                    |                  |
+---------------------------------------------------+------------------+
| \(9\) ASME Boiler and Pressure Vessel Code,       | §192.227(a);     |
| Section IX, "Welding and Brazing Qualifications"  | Item II,         |
| (ASME Section IX-2001).                           | Appendix B to    |
|                                                   | part 192.        |
+---------------------------------------------------+------------------+
| E. Manufacturers Standardization Society of the   | § 192.147(a).    |
| Valve and Fittings Industry, Inc. (MSS):          |                  |
|                                                   |                  |
| \(1\) MSS SP44-96 "Steel Pipe Line Flanges" (MSS  |                  |
| SP-44-1996 including 1996 errata).                |                  |
|                                                   |                  |
| \(2\) \[Reserved\]                                |                  |
+---------------------------------------------------+------------------+
| F. National Fire Protection Association (NFPA):   | §192.735(b).     |
|                                                   |                  |
| \(1\) NFPA 30 "Flammable and Combustible Liquids  |                  |
| Code" (NFPA 30-1996).                             |                  |
+---------------------------------------------------+------------------+
| \(2\) ANSI/NFPA 58 "Liquefied Petroleum Gas Code  | §192.11(a);      |
| (LP-Gas Code)" (NFPA 58-1998).                    | 192.11(b);       |
|                                                   | 192.11(c).       |
+---------------------------------------------------+------------------+
| \(3\) ANSI/NFPA 59 "Standard for the storage and  | §192.11(a);      |
| Handling of Liquefied Petroleum Gases at Utility  | 192.11(b);       |
| Gas Plants" (NFPA 59-1998).                       | 192.11(c).       |
+---------------------------------------------------+------------------+
| \(4\) ANSI/NFPA 70 "National Electrical Code"     | §§ 192.163(e);   |
| (NFPA 70-1996).                                   | 192.189(c).      |
+---------------------------------------------------+------------------+
| G. Plastics Pipe Institute, Inc. (PPI):           | §192.121.        |
|                                                   |                  |
| \(1\) PPI TR-3/2000 "Policies and 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):                     | §§               |
|                                                   | 192.923(b)(1);   |
| \(1\) NACE Standard RP-0502-2002 "Pipeline        | 192.925(b)       |
| External Corrosion Direct Assessment Methodology" | Introductory     |
| (NACE RP-0502-2002).                              | text;            |
|                                                   | 192.925(b)(1);   |
|                                                   | 19               |
|                                                   | 2.925(b)(1)(ii); |
|                                                   | 192.925(b)(2)    |
|                                                   | Introductory     |
|                                                   | text;            |
|                                                   | 192.925(b)(3)    |
|                                                   | Introductory     |
|                                                   | text;            |
|                                                   | 19               |
|                                                   | 2.925(b)(3)(ii); |
|                                                   | 192.925(b)(iv);  |
|                                                   | 192.925(b)(4)    |
|                                                   | Introductory     |
|                                                   | text;            |
|                                                   | 19               |
|                                                   | 2.925(b)(4)(ii); |
|                                                   | 192.931(d);      |
|                                                   | 19               |
|                                                   | 2.935(b)(1)(iv); |
|                                                   | 192.939(a)(2).   |
+---------------------------------------------------+------------------+
| I. Gas Technology Institute (GTI). (Formerly Gas  | §§               |
| Research Institute):                              | 192.927(c)(2);   |
|                                                   | 192.7.           |
| \(1\) GRI 02/0057 "Internal Corrosion Direct      |                  |
| Assessment of Gas Transmission                    |                  |
| Pipelines---Methodology" (GRI 02/0057-2002).      |                  |
+---------------------------------------------------+------------------+

§192.113 \[Amended\]

■ 4. Amend §192.113 by removing the words "ASTM A53" and adding the
words "ASTM A53/A53M." in their place.

■ 5. Amend §192.121 by revising the definition for "S" following the
equation to read as follows:

**§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 ºF (23ºC), 100ºF
(38ºC), 120ºF (49ºC), or 140ºF (60ºC). 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 §192.7). For reinforced
thermosetting plastic pipe, 11,000 psig (75,842 kPa).

\* \* \* \* \*

■ 6. Amend §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:

**§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 §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 §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 §192.121.

■ 7. Amend ( 192.144 by revising the introductory text and paragraph (b)
introductory text to read as follows:

**§192.144 Qualifying metallic components.**

Notwithstanding any requirement of this subpart which incorporates by
reference an edition of a document listed in §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 §192.7
or appendix B of this part:

\* \* \* \* \*

■ 8. Amend §192.145 by revising paragraph (a) to read as follows:

**§192.145 Valves.**

\(a\) Except for cast iron and plastic valves, each valve must meet the
minimum requirements of API 6D (ibr, see §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.

\* \* \* \* \*

■ 9. Amend §192.225 by revising the section heading and paragraph (a) to
read as follows:

**§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
§192.7) or section IX of the ASME Boiler and Pressure Vessel Code "
Welding and Brazing Qualifications" (ibr, see §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).

\* \* \* \* \*

■ 10. Amend §192.227 by revising paragraph (a) to read as follows:

**§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
§192.7) or section IX of the ASME Boiler and Pressure Vessel Code (ibr,
see §192.7) . However, 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.

\* \* \* \* \*

■ 11. Amend §192.229 by revising paragraph (c)(1) to read as follows:

**§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 §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 7½ months. A welder qualified under an earlier edition of a
standard listed in §192.7 of this part may weld but may not requalify
under that earlier edition; and

\* \* \* \* \*

■ 12. Amend §192.241 by revising paragraphs (a) introductory text and
paragraph (c) to read as follows:

**§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 §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.

■ 13. Amend §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:

**§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
§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 §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 §192.7).

\(2\) \* \* \*

\(3\) For procedures intended for non-lateral pipe connections, follow
the tensile test requirements of ASTM D638 (ibr, see §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 §192.7).

\* \* \* \* \*

■ 14. Amend §192.285 by revising the section heading to read as follows:

**§192.285 Plastic pipe: Qualifying persons to make joints.**

\* \* \* \* \*

■ 15. Amend §192.287 by revising the section heading to read as follows:

**§192.287 Plastic pipe: Inspection of joints.**

\* \* \* \* \*

■ 16. Amend §192.321 by revising paragraph (a) and by adding a new
paragraph (h) to read as follows:

**§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
§192.123.

■ 17. Amend §192.505 by revising paragraphs (d)(1), (d)(2), and by
adding paragraph (d)(3) to read as follows:

**§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 §192.143.

\* \* \* \* \*

■ 18. Amend §192.611 by revising paragraph (d) to read as follows:

**§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 §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.

■ 19. Amend §192.723 by revising the first sentence in paragraph (b)(2)
to read as follows:

**§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 \[Removed and Reserved\]**

■ 20. Remove and reserve Appendix A.

■ 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 §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 §192.7)

ASTM A 106---Steel pipe, "Standard Specification for Seamless Carbon
Steel Pipe for High temperature Service" (ibr, see §192.7)

ASTM A 333/A 333M---Steel pipe, "Standard Specification for Seamless and
Welded steel Pipe for Low Temperature Service" (ibr, see §192.7)

ASTM A 381---Steel pipe, "Standard specification for Metal-Arc-Welded
Steel Pipe for Use with High-Pressure Transmission Systems" (ibr, see
§192.7)

ASTM A 671---Steel pipe, "Standard Specification for
Electric-Fusion-Welded Pipe for Atmospheric and Lower Temperatures"
(ibr, see §192.7)

ASTM A 672---Steel pipe, "Standard Specification for
Electric-Fusion-Welded Steel Pipe for High-Pressure Service at Moderate
Temperatures" (ibr, see §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 §192.7)

ASTM D 2513-1999 "Thermoplastic pipe and tubing, "Standard Specification
for Thermoplastic Gas Pressure Pipe, Tubing, and Fittings" (ibr, see
§192.7)

ASTM D 2517---Thermosetting plastic pipe and tubing, "Standard
Specification Reinforced Epoxy Resin Gas Pressure Pipe and Fittings"
(ibr, see §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 §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
§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 §192.7).

\* \* \* \* \*

■ 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**

■ 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.

■ 2. Amend §195.2 by adding a definition in alphabetical order to read
as follows:

**§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.

\* \* \* \* \*

■ 3. Amend §195.3 by revising the section heading, paragraph (b), and
paragraph (c) to read as follows:

**§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               |
|                                                   | 95.452(h)(4)(B). |
| \(1\) AGA Pipeline Research Committee, Project    |                  |
| PR-3-805, "A Modified Criterion for Evaluating    |                  |
| the Remaining Strength of Corroded Pipe"          |                  |
| (December 22, 1989). The RSTRENG program may be   |                  |
| used for calculating remaining strength.          |                  |
|                                                   |                  |
| \(2\) \[Reserved\].                               |                  |
+---------------------------------------------------+------------------+
| B. American Petroleum Institute (API):            | §§               |
| \...\...\...\...\...\...\...\....                 | 1                |
|                                                   | 95.106(b)(1)(i); |
| \(1\) API Specification 5L "Specification for     | 195.106(e).      |
| Line Pipe" (42nd edition, 2000).                  |                  |
+---------------------------------------------------+------------------+
| \(2\) API Specification 6D "Specification for     | §195.116(d).     |
| Pipeline Valves (Gate, Plug, Ball, and Check      |                  |
| Valves)" (21st edition, 1994).                    |                  |
+---------------------------------------------------+------------------+
| \(3\) API Specification 12F "Specification for    | §§               |
| Shop Welded Tanks for Storage of Production       | 195.132(b)(1);   |
| Liquids" (11th edition, November 1994).           | 195.205(b)(2);   |
|                                                   | 195.264(b)(1);   |
|                                                   | 195.264(e)(1);   |
|                                                   | 195.307(a);      |
|                                                   | 195.565;         |
|                                                   | 195.579(d).      |
+---------------------------------------------------+------------------+
| \(4\) API 510 "Pressure Vessel Inspection Code:   | §§ 195/          |
| Maintenance Inspection, Rating, Repair, and       | 205(b)(3);       |
| Alteration" (8th edition, June 1997, and Addenda  | 195.432(c).      |
| 1 through 4).                                     |                  |
+---------------------------------------------------+------------------+
| \(5\) API Standard 620 "Design and Construction   | §§               |
| of Large, Welded, Low-Pressure Storage Tanks"     | 195.132(b)(2);   |
| (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         | §§               |
| 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).      |
+---------------------------------------------------+------------------+
| \(7\) API Recommended Practice 651 "Cathodic      | §§ 195.565;      |
| Protection of Aboveground Petroleum Storage       | 195.579(d).      |
| Tanks" (2nd edition, December 1997).              |                  |
+---------------------------------------------------+------------------+
| \(8\) API Recommended Practice 652 "Lining of     | §195.579(d).     |
| Aboveground Petroleum Storage Tank Bottoms" (2nd  |                  |
| edition, December 1997).                          |                  |
+---------------------------------------------------+------------------+
| \(9\) API Standard 653 "Tank Inspection, Repair,  | §§               |
| Alteration, and Reconstruction" (3rd edition,     | 195.205(b)(1);   |
| 2001, and Addendum 1, 2003).                      | 195.432(b).      |
+---------------------------------------------------+------------------+
| \(10\) API 1104 "Welding of Pipelines and Related | §§ 195.222;      |
| Facilities" (19th edition, 1999 plus its October  | 195.228(b).      |
| 31, 2001 errata).                                 |                  |
+---------------------------------------------------+------------------+
| \(11\) API Standard 2000 "Venting Atmospheric and | §§               |
| Low-Pressure Storage Tanks" (4th edition,         | 195.264(e)(2);   |
| September 1992).                                  | 195.264(e)(3).   |
+---------------------------------------------------+------------------+
| \(12\) API 1130 "Computational Pipeline           | §§ 195.134;      |
| Monitoring" (1st edition, 1995).                  | 195.444.         |
+---------------------------------------------------+------------------+
| \(13\) API Recommended Practice 2003 "Protection  | §195.405(a).     |
| Against Ignitions Arising out of Static,          |                  |
| Lightning, and Stray Currents" (6th edition,      |                  |
| 1998).                                            |                  |
+---------------------------------------------------+------------------+
| \(14\) API Publication 2026 "Safe Access/Egress   | §195.405(b).     |
| Involving Floating Roofs of Storage Tanks in      |                  |
| Petroleum Service" (2nd edition, 1998).           |                  |
+---------------------------------------------------+------------------+
| \(15\) API Recommended Practice 2350 "Overfill    | §195.428(c).     |
| Protection for Storage Tanks In Petroleum         |                  |
| Facilities" (2nd edition, 1996).                  |                  |
+---------------------------------------------------+------------------+
| \(16\) API Standard 2510 "Design and Construction | §§               |
| of LPG Installations"(7th edition, 1995).         | 195.132(b)(3);   |
|                                                   | 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):                     | §195.118(a).     |
|                                                   |                  |
| \(1\) ASME/ANSI B16.9 "Factory-Made Wrought Steel |                  |
| Butt welding Fittings" (1993).                    |                  |
+---------------------------------------------------+------------------+
| \(2\) ASME/ANSI B31.4 "Pipeline Transportation    | §1               |
| Systems for Liquid Hydrocarbons and Other         | 95.452(h)(4)(i). |
| Liquids" (1998).                                  |                  |
+---------------------------------------------------+------------------+
| \(3\) ASME/ANSI B31G "Manual for Determining the  | §§               |
| Remaining Strength of Corroded Pipelines" (1991). | 195.             |
|                                                   | 452(h)(4)(i)(B); |
|                                                   | 195.45           |
|                                                   | 2(h)(4)(iii)(D). |
+---------------------------------------------------+------------------+
| \(4\) ASME/ANSI B31.8 "Gas Transmission and       | §§               |
| Distribution Piping Systems" (1995).              | 195.5(a)(1)(i);  |
|                                                   | 1                |
|                                                   | 95.406(a)(1)(i). |
+---------------------------------------------------+------------------+
| \(5\) ASME Boiler and Pressure vessel Code,       | §§ 195.124;      |
| Section VIII, Division 1 "Rules for Construction  | 195.307(e).      |
| of Pressure Vessels," (1998 edition with 2000     |                  |
| addenda).                                         |                  |
+---------------------------------------------------+------------------+
| \(6\) ASME Boiler and Pressure Vessel Code,       | §195.307(e).     |
| Section VIII, Division 2 "Alternate Rules for     |                  |
| Construction for Pressure Vessels" (2001          |                  |
| Edition).                                         |                  |
+---------------------------------------------------+------------------+
| \(7\) ASME Boiler and Pressure vessel Code,       | §195.222.        |
| Section IX "Welding and Brazing Qualifications,"  |                  |
| (2001 Edition).                                   |                  |
+---------------------------------------------------+------------------+
| D. Manufacturers Standardization Society of the   | §195.118(a).     |
| Valve and Fittings Industry, Inc. (MSS):          |                  |
|                                                   |                  |
| \(1\) MSS SP-75 "Specification for High Test      |                  |
| Wrought Butt Welding Fittings" (1993). (2)        |                  |
| \[Reserved\].                                     |                  |
+---------------------------------------------------+------------------+
| E. American Society for Testing and Materials     | §195.106(e).     |
| (ASTM):                                           |                  |
|                                                   |                  |
| \(1\) ASTM Designation: A53/A53M "Standard .      |                  |
| Specification for Pipe, Steel, Black and          |                  |
| Hot-Dipped, Zinc-Coated Welded and Seamless"      |                  |
| (A53/A53M-99b).                                   |                  |
+---------------------------------------------------+------------------+
| \(2\) ASTM Designation: A106 "Standard            | §195.106(e).     |
| Specification for Seamless Carbon Steel Pipe for  |                  |
| High-Temperature Service" (A106-99).              |                  |
+---------------------------------------------------+------------------+
| \(3\) ASTM Designation: A 333/A 333M "Standard    | §195.106(e).     |
| Specification for Seamless and Welded Steel Pipe  |                  |
| for Low-Temperature Service" (A 333/A 333M-99).   |                  |
+---------------------------------------------------+------------------+
| \(4\) ASTM Designation: A 381 "Standard           | §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           | §195.106(e).     |
| Specification for Electric-Fusion-Welded Steel    |                  |
| Pipe for Atmospheric and Lower Temperatures" (A   |                  |
| 671-96).                                          |                  |
+---------------------------------------------------+------------------+
| \(6\) ASTM Designation: A 672 "Standard           | §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           | §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):   | §195.264(b)(1).  |
|                                                   |                  |
| \(1\) ANSI/NFPA 30 "Flammable and Combustible     |                  |
| Liquids Code" (1996).                             |                  |
|                                                   |                  |
| \(2\) \[Reserved\].                               |                  |
+---------------------------------------------------+------------------+
| G. NACE International (NACE):                     | §195.571.        |
|                                                   |                  |
| \(1\) NACE Standard RP-169-96: "Control of        |                  |
| External Corrosion on Underground or Submerged    |                  |
| Metallic Piping Systems" (1996).                  |                  |
|                                                   |                  |
| \(2\) Reserved.                                   |                  |
+---------------------------------------------------+------------------+

■ 4. Amend §195.58 by revising the first sentence to read as follows:

**§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.

\* \* \*

■ 5. Amend §195.214 by revising the section heading and paragraph (a) to
read as follows:

**§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 §195.3) . The
quality of the test welds used to qualify the welding procedure shall be
determined by destructive testing.

\* \* \* \* \*

■ 6. Section 195.222 is revised to read as follows:

**§195.222 Welders: Qualification of welders.**

Each welder must be qualified in accordance with Section 6 of API 1104
(ibr, see §195.3) or Section IX of the ASME Boiler and Pressure Vessel
Code, (ibr, see §195.3) except that a welder qualified under an earlier
edition than listed in §195.3 may weld but may not requalify under that
earlier edition.

■ 7. Amend §195.228 by revising paragraph (b) to read as follows:

**§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 §195.3) applies to the weld, the
acceptability of the weld may be determined under that appendix.

**PART 199---DRUG AND ALCOHOL TESTING**

■ 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.

■ 2. Amend §199.119 by revising paragraph (b) to read as follows:

**§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.

\* \* \* \* \*

■ 3. Amend §199.229 by revising paragraph (c) to read as follows:

**§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

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