30476 Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Rules and Regulations 

§ 102–118.35 What definitions apply to this 

part? 

* * * * * 

Government bill of lading (GBL) is the 

transportation document used as a 

receipt of goods, evidence of title, and 

a contract of carriage for Government 

international shipments. 

* * * * * 

§§ 102–118.175 and 102–118.180 

[Removed] 

■ 4. Remove §§ 102–118.175 and 102– 

118.180. 

§ 102–118.240 [Amended] 

■ 5. Amend § 102–118.240 by removing 

‘‘Federal Supply Service’’ in the address 

and adding ‘‘Federal Acquisition 

Service’’ in its place; removing ‘‘General 

Products Commodity Center (7FXM– 

WS)’’ and adding ‘‘Inventory 

Management Branch (QSDACDB–WS)’’ 

in its place; and removing ‘‘6A24’’ and 

adding ‘‘6A00’’ in its place. 

§ 102–118.245 [Amended] 

■ 6. Amend § 102–118.245 by removing 

‘‘Federal Supply Service’’ in the address 

and adding ‘‘Federal Acquisition 

Service’’ in its place; removing ‘‘General 

Products Commodity Center (7FXM– 

WS)’’ and adding ‘‘Inventory 

Management Branch (QSDACDB–WS)’’ 

in its place; and removing ‘‘6A24’’ and 

adding ‘‘6A00’’ in its place. 

■ 7. Revise § 102–118.270 to read as 

follows: 

§ 102–118.270 Must my agency establish a 

prepayment audit program? 

Yes, under 31 U.S.C. 3726, your 

agency is required to establish a 

prepayment audit program. Your agency 

must send a preliminary copy of your 

prepayment audit program to: General 

Services Administration, Office of 

Travel, Transportation and Asset 

Management (MT), 1800 F Street, NW., 

Washington, DC 20405. 

§ 102–118.290 [Amended] 

■ 8. Amend § 102–118.290 by removing 

‘‘General Accounting Office’’ and ‘‘U. S. 

General Accounting Office’’ wherever it 

appears and adding ‘‘U.S. Government 

Accountability Office’’ in its place. 

§ 102–118.380 [Amended] 

■ 9. Amend § 102–118.380 by removing 

‘‘Office of Transportation and Personal 

Property (MT)’’ and adding ‘‘Office of 

Travel, Transportation and Asset 

Management (MT)’’ in its place; and by 

removing ‘‘http://policyworks.gov/org/ 

main/MT’’. 

§ 102–118.495 [Amended] 

■ 10. Amend § 102–118.495, by 

removing ‘‘General Services Board of 

Contract Appeals (GSBCA)’’ in the 

section heading and adding ‘‘Civilian 

Board of Contract Appeals (CBCA)’’ in 

its place; and in the section text by 

removing ‘‘GSBCA’’ and adding 

‘‘CBCA’’ in its place. 

■ 11. Revise § 102–118.580 to read as 

follows: 

§ 102–118.580 May a TSP appeal a 

prepayment audit decision of the GSA Audit 

Division? 

(a) Yes, the TSP may appeal to the 

Civilian Board of Contract Appeals 

(CBCA) under guidelines established in 

this Subpart F, or file a claim with the 

United States Court of Federal Claims. 

The TSP’s request for review must be 

received by the CBCA in writing within 

6 months (not including time of war) 

from the date the settlement action was 

taken or within the periods of limitation 

specified in 31 U.S.C. 3726, as 

amended, whichever is later. The TSP 

must address requests: 

(1) By United States Postal Service to: 

Civilian Board of Contract Appeals 

(CBCA), 1800 F Street, NW., 

Washington, DC 20405. 

(2) In person or by courier to: Civilian 

Board of Contract Appeals, 6th floor, 

1800 M Street, NW., Washington, DC 

20036. 

(b) The CBCA will accept legible 

submissions via facsimile (FAX) on 

(202) 606–0019. 

§ 102–118.585 [Amended] 

■ 12. Amend § 102–118.585 by 

removing ‘‘GSBCA’’ in the section 

heading and the first sentence and 

adding ‘‘CBCA’’ in its place. 

§ 102–118.595 [Amended] 

■ 13. Amend § 102–118.595 by 

removing ‘‘GSBCA’’ in the section 

heading and the section text and adding 

‘‘CBCA’’ in its place. 

§ 102–118.650 [Amended] 

■ 14. Amend § 102–118.650 by 

removing ‘‘GSA Board of Contract 

Appeals (GSBCA)’’ and adding ‘‘Civilian 

Board of Contract Appeals (CBCA)’’ in 

its place. 

■ 15. Revise § 102–118.655 to read as 

follows: 

§ 102–118.655 Are there time limits on a 

TSP request for an administrative review by 

the CBCA? 

(a) Yes, the CBCA must receive a 

request for review from the TSP within 

six months (not including time of war) 

from the date the settlement action was 

taken or within the periods of limitation 

specified in 31 U.S.C. 3726, as 

amended, whichever is later. Address 

requests: 

(1) By United States Postal Service to: 

Civilian Board of Contract Appeals 

(CBCA), 1800 F Street, NW., 

Washington, DC 20405. 

(2) In person or by courier to: GSA 

Civilian Board of Contract Appeals, 6th 

floor, 1800 M Street, NW., Washington, 

DC 20036. 

(b) The CBCA will accept legible 

submissions via facsimile (FAX) on 

(202) 606–0019. 

§ 102–118.660 [Amended] 

■ 16. Amend § 102–118.660 by 

removing ‘‘GSBCA’’ in the section 

heading and the first sentence and 

adding ‘‘CBCA’’ in its place. 

§ 102–118.665 [Amended] 

■ 17. Amend § 102–118.665 by 

removing ‘‘GSBCA’’ in the section 

heading and the section text and adding 

‘‘CBCA’’ in its place. 

[FR Doc. E9–15161 Filed 6–25–09; 8:45 am] 

BILLING CODE 6820–14–P 

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; confirmation of 

effective date. 

SUMMARY: The Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA) is confirming the effective 

date of April 14, 2009, for the direct 

final rule that appeared in the Federal 

Register on April 14, 2009. The direct 

final rule incorporated by reference the 

most recent editions of API 

Specification 5L, ‘‘Specification for Line 

Pipe’’ and API 1104, ‘‘Welding of 

Pipelines and Related Facilities.’’ 

DATES: The effective date for the direct 

final rule that appeared in the Federal 

Register on April 14, 2009 (74 FR 

17099) is confirmed as April 14, 2009. 

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 

Federal Register / Vol. 74, No. 122 / Friday, June 26, 2009 / Rules and Regulations 30477 

information contact John Gale by phone 

at (202) 366–4046. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In the Federal Register of April 14, 

2009, PHMSA published a direct final 

rule adopting 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 

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 did not eliminate the 

use of the current referenced standards 

but simply allowed 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 parts 

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 products 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 1970’s and at that time 

X 60 material was the strongest pipe 

available. Now X 80 is commonplace. 

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. 

The direct final rule was 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 would be published in 

the Federal Register withdrawing this 

direct final rule in whole or in part. 

PHMSA did not receive any adverse 

comments. 

Issued in Washington, DC, on June 22, 

2009 under the authority delegated in part 1. 

Jeffrey D. Wiese, 

Acting Deputy Administrator. 

[FR Doc. E9–15045 Filed 6–25–09; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Transportation Security Administration 

49 CFR Part 1570 

[Docket No. TSA–2008–0011] 

RIN 1652–AA65 

False Statements Regarding Security 

Background Checks 

AGENCY: Transportation Security 

Administration, DHS. 

ACTION: Final rule. 

SUMMARY: On July 31, 2008, TSA 

published an interim rule prohibiting 

public transportation agencies, railroad 

carriers, and their respective contractors 

and subcontractors from knowingly