Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 17099 

■ 2. Revise section 528.202 to read as 

follows: 

528.202 Acceptability of corporate 

sureties. 

Corporate surety bonds must be 

manually signed by the Attorney-in-Fact 

or officer of the surety company and the 

corporate seal affixed. The contracting 

officer may waive failure of the surety 

to affix the corporate seal as a minor 

informality. (See B–184120, July 2, 

1975, 75–2 CPD 9.) 

■ 3. Revise section 528.310 to read as 

follows: 

528.310 Contract clause for work on a 

Government installation. 

Insert the clause at 552.228–5, 

Government as Additional Insured, in 

each solicitation and contract that meets 

all the following conditions: 

(a) The contract amount is expected to 

exceed the simplified acquisition 

threshold; and 

(b) The contract will require work to 

be performed on Government property. 

■ 4. Add sections 528.311 and 528.311– 

1 to read as follows: 

528.311 Solicitation provision and 

contract clause on liability insurance under 

cost-reimbursement contracts. 

528.311—1 Contract clause. 

Use the clause at FAR 52.228–7, 

Insurance—Liability to Third Persons, 

in solicitations and contracts, other than 

those for construction and those for 

architect-engineer services, when a costreimbursement contract is 

contemplated, unless the head of the 

contracting activity waives the 

requirement for use of the clause. 

PART 552—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 5. The authority citation for 48 CFR 

part 552 continues to read as follows: 

Authority: 40 U.S.C. 121(c). 

■ 6. Add section 552.228–5 to read as 

follows: 

552.228–5 Government as Additional 

Insured. 

As prescribed in 528.310, insert the 

following clause: 

GOVERNMENT AS ADDITIONAL 

INSURED (MAY 2009) 

(a) This clause supplements the 

requirements set forth in FAR clause 

52.528–5, Insurance—Work on a 

Government Installation. 

(b) Each insurance policy required 

under this contract, other than workers’ 

compensation insurance, shall contain 

an endorsement naming the United 

States as an additional insured with 

respect to operations performed under 

this contract. The insurance carrier is 

required to waive all subrogation rights 

against any of the named insured. 

(End of clause) 

552.228–70 [Removed] 

■ 7. Remove section 552.228–70. 

[FR Doc. E9–8402 Filed 4–13–09; 8:45 am] 

BILLING CODE 6820–61–S 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 192 and 195 

[Docket No. PHMSA–2008–0334.] 

RIN 2137–AE42 

Pipeline Safety: Incorporation by 

Reference Update: American 

Petroleum Institute (API) Standards 5L 

and 1104 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of Transportation 

(DOT). 

ACTION: Direct final rule. 

SUMMARY: This direct final rule 

incorporates by reference the most 

recent editions of API Specification 5L 

‘‘Specification for Line Pipe’’ and API 

1104 ‘‘Welding of Pipelines and Related 

Facilities.’’ The purpose of this update 

is to enable pipeline operators to utilize 

current technology, materials, and 

practices to help maintain a high level 

of safety relative to their pipeline 

operations. PHMSA is not eliminating 

the use of the current referenced 

standards but simply allowing the 

additional use of these new standards. 

PHMSA may in the future propose to 

eliminate the incorporation of the 

existing referenced standards. 

DATES: Effective Date: This rule is 

effective April 14, 2009 without further 

action, unless adverse comment is 

received by June 15, 2009. If adverse 

comment is received, PHMSA will 

publish a timely withdrawal of the rule 

in the Federal Register. 

Incorporation by Reference Date: The 

incorporation by reference of certain 

publications listed in this rule is 

approved by the Director of the Federal 

Register as of April 14, 2009. 

ADDRESSES: Comments should reference 

DOT Docket ID Number PHMSA–2008– 

0334 and may be submitted by any of 

the following methods: 

• E-Gov Web: http:// 

www.regulations.gov. This web site 

allows the public to enter comments on 

any Federal Register notice issued by 

any agency. Follow the online 

instructions for submitting comments. 

• Mail: Docket Management System: 

U.S. Department of Transportation, 1200 

New Jersey Avenue, SE., West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–0001. 

• Hand Delivery or Courier: DOT 

Docket Management System, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue, SE., between 

9 a.m. and 5 p.m. ET, Monday through 

Friday, except Federal holidays. 

• Fax: 202–493–2251. 

Instructions: Identify the docket ID, 

PHMSA 2008–0334, at the beginning of 

your comments. If you submit your 

comments by mail, submit two copies. 

If you wish to receive confirmation that 

PHMSA received your comments, 

include a self-addressed stamped 

postcard. Internet users may submit 

comments at http:// 

www.regulations.gov. 

Note: All comments received will be 

posted without edits to http:// 

www.regulations.gov, including any personal 

information provided. Please see the Privacy 

Act heading below. 

Privacy Act: Anyone is able to search 

the electronic form of all comments 

received into any of our dockets by the 

name of the individual submitting the 

comment (or signing the comment, if 

submitted on behalf of an association, 

business, labor union, etc.). You may 

review DOT’s complete Privacy Act 

Statement in the Federal Register 

published on April 11, 2000 (65 FR 

19477–78) or you may visit http:// 

DocketInfo.dot.gov. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov or the street 

address listed above. Follow the online 

instructions for accessing the dockets. 

FOR FURTHER INFORMATION CONTACT: For 

information about the technical 

standards contact Mike Israni, (202) 

366–4571, or by e-mail at 

mike.israni@dot.gov. For all other 

information contact John Gale by phone 

at (202) 366–4046 or by e-mail at 

john.gale@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This direct final rule adopts the most 

recent editions of two consensus 

technical standards, the American 

Petroleum Institute (API) 5L (44th 

edition) and API 1104 (20th edition). 

Through use of these consensus 

standards, pipeline operators will be 

able to use current technology, 

materials, and practices. The 

incorporation of the most recent 

17100 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 

editions of these standards improves 

clarity, consistency, and accuracy, 

reduces unnecessary burdens on the 

regulated community and will provide, 

at minimum, an equivalent level of 

safety. PHMSA is not eliminating the 

use of the current referenced standards 

but simply allowing the additional use 

of these new standards. PHMSA may in 

the future propose to eliminate the 

incorporation of the existing referenced 

standards. 

Standards Incorporated by Reference 

The National Technology Transfer 

and Advancement Act of 1995 (Pub. L. 

104–113) directs Federal agencies to use 

voluntary consensus standards in lieu of 

government-written standards whenever 

possible. Voluntary consensus standards 

are standards developed or adopted by 

voluntary bodies that develop, establish, 

or coordinate technical standards using 

agreed upon procedures. 

PHMSA’s Office of Pipeline Safety 

participates in more than 25 national 

voluntary consensus standards 

committees. PHMSA’s policy is to adopt 

voluntary consensus standards when 

they are applicable to pipeline design, 

construction, maintenance, inspection, 

and repair. PHMSA has the ultimate 

responsibility to ensure the best 

interests of public safety are being 

served. PHMSA reviews and approves 

for incorporation by reference updated 

versions based on this directive. When 

PHMSA believes some aspect of the 

standard does not meet this directive, it 

will not incorporate the new edition, or 

that part of the standard that it believes 

is contradictory with the directive. In 

recent years, PHMSA has adopted 

dozens of new and revised voluntary 

consensus standards into its gas 

pipeline (49 CFR Part 192) regulations, 

its liquefied natural gas (LNG) (49 CFR 

Part 193) regulations, and its hazardous 

liquid pipeline (49 CFR Part 195) 

regulations. 

Parts 192, 193, and 195 incorporate by 

reference all or parts of more than 60 

standards and specifications developed 

and published by technical 

organizations, including the American 

Petroleum Institute, American Gas 

Association, American Society of Civil 

Engineers, American Society of 

Mechanical Engineers, American 

Society for Testing and Materials, 

Manufacturers Standardization Society 

of the Valve and Fittings Industry, 

National Fire Protection Association, 

Plastics Pipe Institute, and Pipeline 

Research Council International. These 

organizations update and revise their 

published standards every 3 to 5 years 

to reflect modern technology and best 

technical practices. PHMSA has 

reviewed the revised voluntary 

consensus standards being incorporated 

in this final rule. 

New Editions of Standards 

The following new editions of 

currently referenced standards are being 

incorporated by reference (IBR) in part 

192 and 195. These new editions refine 

and clarify existing material in the 

standard and generally do not introduce 

new topics. 

American Petroleum Institute (API): 

• ANSI/API Spec 5L/ISO 3183 

‘‘Specification for Line Pipe’’ (44th 

edition, 2007) Referenced by 49 CFR 

192.55(e); 192.112; 192.113; Item I, 

Appendix B to part 192; 195.106(b)(1)(i); 

195.106(e) 

Amendments to API 5L in the 44th 

edition include: 

1. High default toughness criteria for 

PSL 2 pipe previously not specified, 

ensuring a higher toughness baseline for 

most critical product in the field. 

2. Restrictive dimensional limits 

(including wall thickness, diameter, outof-round, pipe end geometric 

irregularities) ensuring better field fit up 

and welding. 

3. More comprehensive description of 

ultrasonic and radiographic methods 

and documentation testing providing a 

more consistent weld and body 

inspection and pipe traceability is 

improved through key inspection step. 

4. New sour service and offshore 

requirements including restrictive 

documentation, processing, chemical 

composition, inspection and mechanical 

property controls ensuring well suited 

product applied to these critical 

applications. 

• API 1104 ‘‘Welding of Pipelines and 

Related Facilities’’ (20th edition, errata, 

2008) Referenced in 49 CFR 192.227(a); 

192.229(c)(1); and 192.241(c); Item II, 

Appendix B; 195.222; 195.228(b) and 

195.214(a) 

The 20th edition of API 1104 includes 

a new Appendix A. Appendix A 

describes the method to determine the 

maximum height and length of a weld 

imperfection that can remain in a girth 

weld and not be a threat to the integrity 

of a pipeline. Appendix A in the 19th 

edition is an old standard that was 

developed in the 1970s and at that time 

X 60 material was the strongest pipe 

available. Now X 80 is common place. 

By letters dated September 26, 2008 

and December 4, 2008, EVRAZ, Inc. and 

California Steel Industries, Inc., 

petitioned PHMSA to allow the 

immediate use of the 44th edition of API 

5L. The petitioners explained that the 

failure to allow the use of the newer 

standard would adversely impact the 

metallurgy and tolerances of the pipe 

manufactured in their plants and that 

the impact was industry-wide. Due to 

the lead time of ordering steel pipe for 

major infrastructure projects, the 

petitioners urgently requested that 

PHMSA allow the use of the newer 

standard in order to avoid adverse 

impacts on their customers’ projects 

involving thousands of tons of pipe and 

hundreds of workers. 

This direct final rule is issued under 

the procedures set forth in 49 CFR 

190.339. That provision allows for 

incorporation by reference of industry 

standards by direct final rule. If an 

adverse comment or notice of intent to 

file an adverse comment is received, a 

timely document will be published in 

the Federal Register withdrawing this 

direct final rule in whole or in part. 

Interested parties should refer to 49 CFR 

190.339(c) for discussion of what 

constitutes an adverse comment. 

II. Regulatory Analyses and Notices 

Statutory/Legal Authority for 

Rulemaking 

This final rule is published under the 

authority of 49 U.S.C. 60101 et seq. 

Section 60102(a) of 49 U.S.C. authorizes 

the Secretary of Transportation to 

prescribe regulations related to pipeline 

safety. 

Executive Order 12866 and DOT 

Policies and Procedures 

This direct final rule is not a 

significant regulatory action under 

section 3(f) of Executive Order 12866 

(58 FR 51735) and, therefore, was not 

subject to review by the Office of 

Management and Budget. This direct 

final rule is not significant under the 

Regulatory Policies and Procedures of 

the Department of Transportation (44 FR 

11034). 

In this final rule we are updating 

references to standards that are 

incorporated in the pipeline safety 

regulations. These updates will enhance 

safety while reducing the compliance 

burden on the regulated industry. We 

invite public comment on any impacts 

of these amendments. 

Executive Order 13132 

PHMSA has analyzed the direct final 

rule according to Executive Order 13132 

(64 FR 43255, August 10, 1999). The 

direct final rule does not have a 

substantial direct effect on the States, 

the relationship between the national 

government and the States, or the 

distribution of power and 

responsibilities among the various 

levels of government. The direct final 

rule does not impose substantial direct 

compliance costs on State and local 

Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 17101 

governments. This direct final rule does 

not preempt state law for intrastate 

pipelines. Therefore, the consultation 

and funding requirements of Executive 

Order 13132 does not apply. 

Regulatory Flexibility Act 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601 et seq.), PHMSA must 

consider whether rulemaking actions 

would have a significant economic 

impact on a substantial number of small 

entities. This direct final rule ensures 

that operators are able to use the most 

current editions of technical standards 

incorporated by reference. PHMSA 

concludes this rule does not have a 

significant negative economic impact on 

any small entity. Based on the facts 

available about the expected impact of 

this rulemaking, I certify, under Section 

605 of the Regulatory Flexibility Act (5 

U.S.C. 605) that this rulemaking will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 13175 

PHMSA has analyzed this direct final 

rule according to Executive Order 

13175, ‘‘Consultation and Coordination 

with Indian Tribal Governments.’’ 

Because the direct final rule does not 

significantly or uniquely affect the 

communities of the Indian tribal 

governments or impose substantial 

direct compliance costs, the funding 

and consultation requirements of 

Executive Order 13175 do not apply. 

Paperwork Reduction Act 

This direct final rule does not impose 

any new information collection 

requirements. 

Unfunded Mandates Reform Act of 1995 

This direct 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 least 

burdensome alternative that achieves 

the objective of the rulemaking. 

National Environmental Policy Act 

The National Environmental Policy 

Act of 1969 (NEPA), as amended (42 

U.S.C. 4321–4347), requires Federal 

agencies to consider the consequences 

of major federal actions and prepare a 

detailed statement on any action 

significantly affecting the quality of the 

human environment. Since these new 

standards provide, at minimum, an 

equivalent level of protection to the 

currently referenced standards, it is 

unlikely that the adoption of these 

standards will have any significant 

impacts on the environment. We 

welcome comment on this conclusion. 

Executive Order 13211 

Transporting gas impacts the nation’s 

available energy supply. However, this 

direct final rule is not a ‘‘significant 

energy action’’ under Executive Order 

13211. It also 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, 

the Administrator of the Office of 

Information and Regulatory Affairs is 

not likely to identify this direct final 

rule as a significant energy action. 

Privacy Act Statement 

Anyone may search the electronic 

form of all comments received for any 

of our dockets. You may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477) or you may visit 

http://dms.dot.gov. 

Regulation Identifier Number (RIN) 

A regulation identifier number (RIN) 

is assigned to each regulatory action 

listed in the Unified Agenda of Federal 

Regulations. The Regulatory Information 

Service Center publishes the Unified 

Agenda in April and October of each 

year. The RIN number contained in the 

heading of this document can be used 

to cross-reference this action with the 

Unified Agenda. 

List of Subjects 

49 CFR Part 192 

Pipeline safety, reporting, and 

recordkeeping requirements. 

49 CFR Part 195 

Ammonia, Carbon dioxide, 

Incorporation by reference, Petroleum, 

Pipeline safety, and Reporting and 

recordkeeping requirements. 

■ In consideration of the foregoing, 

PHMSA amends 49 CFR parts 192 and 

195 as follows: 

PART 192—TRANSPORTATION OF 

NATURAL AND OTHER GAS BY 

PIPELINE: MINIMUM FEDERAL 

SAFETY STANDARDS 

■ 1. The authority citation for part 192 

continues to read as follows: 

Authority: 49 U.S.C. and 5103, 60102, 

60104, 60108, 60109, 60110, 60113, 60116, 

and 60118; and 49 CFR 1.53. 

■ 2. In § 192.7 paragraph (c)(2) the 

documents incorporated by reference 

under B. American Petroleum Institute 

(API) entries (1) and (5) are revised to 

read as follows: 

§ 192.7 What documents are incorporated 

by reference partly or wholly in this part? 

* * * * * 

(c) * * * 

(2) Documents incorporated by 

reference. 

* * * * * * * 

B. American Petroleum Institute (API): 

(1) ANSI/API Specification 5L/ISO 3183 ‘‘Specification for Line Pipe’’ 

(43rd edition and errata, 2004, and 44th edition, 2007).

§§ 192.55(e); 192.112; 192.113; Item I of Appendix B. 

* * * * * * * 

(5) API 1104 ‘‘Welding of Pipelines and Related Facilities’’ (19th edition 

1999, including errata October 31, 2001; and 20th edition 2007, including errata 2008).

§§ 192.227(a); 192.229(c)(1); 192.241(c); Item II, and Appendix B. 

* * * * * * * 

PART 195—TRANSPORTATION OF 

HAZARDOUS LIQUIDS BY PIPELINE 

■ 3. The authority citation for part 195 

continues to read as follows: 

Authority: 49 U.S.C. and 5103, 60102, 

60104, 60108, 60109, 60118; and 49 CFR 

1.53. 

■ 4. In § 195.3 paragraph (c) the 

documents incorporated by reference 

under B. American Petroleum Institute 

(API) entries (1) and (10) are revised to 

read as follows: 

17102 Federal Register / Vol. 74, No. 70 / Tuesday, April 14, 2009 / Rules and Regulations 

§ 195.3 Incorporation by reference. 

* * * * * 

(c) * * * 

* * * * * * * 

B. American Petroleum Institute (API): (1) ANSI/API Specification 5L/ 

ISO 3183 ‘‘Specification for Line Pipe’’ (43rd edition and errata, 

2004; and 44th edition, 2007).

§§ 195.106(b)(1)(i); 195.106(e). 

* * * * * * * 

(10) API 1104 ‘‘Welding of Pipelines and Related Facilities’’ (19th edition 1999, including errata October 31, 2001; and 20th edition 2007, 

including errata 2008).

§§ 195.222; 195.228(b); 195.214(a). 

* * * * * * * 

Issued in Washington, DC, on April 6, 2009 

under the authority delegated in part 1. 

Cynthia Douglass, 

Acting Deputy Administrator. 

[FR Doc. E9–8376 Filed 4–13–09; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 060525140–6221–02] 

RIN 0648–XO46 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Resources of the South 

Atlantic; Trip Limit Reduction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; trip limit 

reduction. 

SUMMARY: NMFS reduces the 

commercial trip limit for golden tilefish 

in the South Atlantic to 300 lb (136 kg) 

per trip in or from the exclusive 

economic zone (EEZ). This trip limit 

reduction is necessary to protect the 

South Atlantic golden tilefish resource. 

DATES: This rule is effective 12:01 a.m., 

local time, April 21, 2009, through 

December 31, 2009, unless changed by 

further notification in the Federal 

Register. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Bruger, telephone 727–824– 

5305, fax 727–824–5308, e-mail 

Catherine.Bruger@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic is managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council and is 

implemented under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) by regulations 

at 50 CFR part 622. 

Under 50 CFR 622.44(c)(2)(ii), NMFS 

is required to reduce the trip limit in the 

commercial fishery for golden tilefish 

from 4,000 lb (1,814 kg) to 300 lb (136 

kg) per trip when 75 percent of the 

fishing year quota is met, by filing a 

notification to that effect in the Federal 

Register. Based on current statistics, 

NMFS has determined that 75 percent of 

the available commercial quota of 

295,000 lb (133,810 kg), gutted weight, 

for golden tilefish will be reached on or 

before April 10, 2009. To provide the 

commercial fishery participants 

adequate advance notice of the trip limit 

reduction, NMFS is reducing the 

commercial golden tilefish trip limit to 

300 lb (136 kg) in the South Atlantic 

EEZ from 12:01 a.m., local time, April 

21, 2009, until the quota is reached and 

the fishery closes or through December 

31, 2009, whichever occurs first. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA, 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such prior notice 

and opportunity for public comment is 

unnecessary and contrary to the public 

interest. Such procedures would be 

unnecessary because the rule itself has 

already been subject to notice and 

comment, and all that remains is to 

notify the public of the trip limit 

reduction. Allowing prior notice and 

opportunity for public comment is 

contrary to the public interest because 

of the need to implement this action in 

a timely manner to protect the fishery 

because the capacity of the fishing fleet 

allows for rapid harvest of the quota. 

Prior notice and opportunity for public 

comment would require time and would 

potentially result in a harvest well in 

excess of the established quota. 

For the aforementioned reasons, the 

AA also finds good cause to provide less 

than the 30-day delay in the 

effectiveness of this action under 5 

U.S.C. 553(d)(3). However, to provide 

reasonable notice of the trip limit 

reduction to the commercial fishery 

participants and allow them to adjust 

fishing practices accordingly, NMFS is 

providing a 7-day delay in the 

effectiveness of this trip limit reduction. 

This action is taken under 50 CFR 

622.43(a) and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: April 8, 2009. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. E9–8530 Filed 4–13–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No.090122047–9252–02] 

RIN 0648–XM11 

Magnuson-Stevens Act Provisions; 

Fisheries of the Northeastern United 

States; Northeast Multispecies 

Fishery; 2009 Georges Bank Cod Hook 

Sector Operations Plan and 

Agreement, and Allocation of Georges 

Bank Cod Total Allowable Catch 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule implements 

the Georges Bank (GB) Cod Hook Sector