[Federal Register Volume 74, Number 70 (Tuesday, April 14, 2009)]
[Rules and Regulations]
[Pages 17099-17102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8376]


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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.

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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:
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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 
<a href="/cdn-cgi/l/email-protection#325f5b59571c5b4140535c5b72565d461c555d44"><span class="__cf_email__" data-cfemail="34595d5f511a5d4746555a5d74505b401a535b42">[email protected]</span></a>. For all other information contact John Gale by 
phone at (202) 366-4046 or by e-mail at <a href="/cdn-cgi/l/email-protection#7812171016561f19141d381c170c561f170e"><span class="__cf_email__" data-cfemail="4a20252224642d2b262f0a2e253e642d253c">[email protected]</span></a>.

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

[[Page 17100]]

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):
    <bullet> 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, out-of-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.
    <bullet> 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

[[Page 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.


0
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

0
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.


0
2. In Sec.  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:


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

* * * * *
    (c) * * *
    (2) Documents incorporated by reference.

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                              * * * * * * *
B. American Petroleum Institute (API):
(1) ANSI/API Specification 5L/ISO 3183   Sec.  Sec.   192.55(e);
 ``Specification for Line Pipe'' (43rd    192.112; 192.113; Item I of
 edition and errata, 2004, and 44th       Appendix B.
 edition, 2007).
 
                              * * * * * * *
(5) API 1104 ``Welding of Pipelines and  Sec.  Sec.   192.227(a);
 Related Facilities'' (19th edition       192.229(c)(1); 192.241(c);
 1999, including errata October 31,       Item II, and Appendix B.
 2001; and 20th edition 2007, including
 errata 2008).
 
                              * * * * * * *
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PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

0
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.


0
4. In Sec.  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:

[[Page 17102]]

Sec.  195.3  Incorporation by reference.

* * * * *
    (c) * * *

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                              * * * * * * *
B. American Petroleum Institute (API):   Sec.  Sec.   195.106(b)(1)(i);
 (1) ANSI/API Specification 5L/ISO 3183   195.106(e).
 ``Specification for Line Pipe'' (43rd
 edition and errata, 2004; and 44th
 edition, 2007).
 
                              * * * * * * *
(10) API 1104 ``Welding of Pipelines     Sec.  Sec.   195.222;
 and Related Facilities'' (19th edition   195.228(b); 195.214(a).
 1999, including errata October 31,
 2001; and 20th edition 2007, including
 errata 2008).
                              * * * * * * *
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    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


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