Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Proposed Rules 36139 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

Proposed Rules 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission proposes to amend 47 CFR 

part 101 to read as follows: 

PART 101—FIXED MICROWAVE 

SERVICES 

1. The authority citation for part 101 

continues to read as follows: 

Authority: 47 U.S.C. 154, 303. 

2. Amend § 101.31 by revising 

paragraph (b)(1)(vii) to read as follows: 

§ 101.31 Temporary and conditional 

authorizations. 

* * * * * 

(b) * * * 

(1) * * * 

(vii) With respect to the 21.8–22.0 

GHz and 23.0–23.2 GHz band, the filed 

application(s) does not propose to 

operate on a frequency pair centered on 

other than 21.825/23.025 GHz, 21.875/ 

23.075 GHz, 21.925/23.125 GHz, 21.975/ 

23.175 GHz, 22.025/23.225 GHz or 

22.075/23.275 GHz and does not 

propose to operate with an E.I.R.P. 

greater than 55 dBm. The center 

frequencies are shifted from the center 

frequencies listed above for certain 

bandwidths as follows: Add 0.005 GHz 

for 20 MHz bandwidth channels, add 

0.010 GHz for 30 megahertz bandwidth 

channels, and subtract 0.005 GHz for 40 

MHz bandwidth channels. See specific 

channel listings in § 101.147(s). 

* * * * * 

3. Amend § 101.109(c) table by 

revising the entry for the 6,525 to 6,875 

Frequency band (MHz) to read as 

follows: 

§ 101.109 Bandwidth. 

* * * * * 

(c) * * * 

Frequency band (MHz) 

Maximun 

authorized 

bandwidth 

* * * * * 

6,525 to 6,875 ......................... 30 MHz 1

* * * * * 

4. Amend § 101.147 by revising entry 

6,525–6,875 MHz (14) to entry 6,525– 

6,875 MHz (14)(33) in paragraph (a), by 

adding note (33) to paragraph (a) and by 

adding a new paragraph (l)(8) to read as 

follows: 

§ 101.147 Frequency assignments. 

(a) * * * 

* * * * * 

6,525–6,875 MHz (14)(33) 

* * * * * 

(33) The coordination of a new 30 

MHz link in the 6,525–6,825 MHz band 

should be attempted only if it cannot be 

accommodated in the 5,925–6,425 MHz 

band. 

* * * * * 

(l) * * * 

(8) 30 MHz bandwidth channels: 

Transmit (receive) (MHz) 

Receive 

(transmit) 

(MHz) 

6555 .......................................... 6725 

6595 .......................................... 6755 

6525 .......................................... 6785 

6655 .......................................... 6815 

6685 .......................................... 6845 

* * * * * 

[FR Doc. E9–17412 Filed 7–21–09; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 192, 193, and 195 

[Docket No. PHMSA–2008–0301) 

RIN 2137–AE41 

Pipeline Safety: Periodic Updates of 

Regulatory References to Technical 

Standards and Miscellaneous Edits 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of Transportation 

(DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: PHMSA is proposing to 

incorporate by reference (IBR) into the 

pipeline safety regulations all or parts of 

new editions of voluntary consensus 

standards to allow pipeline operators to 

use current technology, new materials, 

and other industry and management 

practices. In this document, PHMSA 

also proposes to make nonsubstantive 

edits and clarify regulatory language in 

certain provisions. These proposed 

amendments to the pipeline safety 

regulations would not require pipeline 

operators to undertake any significant 

new pipeline safety initiatives. 

DATES: Submit comments on the subject 

of this proposed rule on or before 

September 21, 2009. 

ADDRESSES: You may submit comments, 

identified by Docket No. PHMSA–2008– 

0301, by any of the following methods: 

• E-Gov Web: http:// 

www.regulations.gov. This 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 2008–0301, 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 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). 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://docketsinfo.dot.gov/. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. Follow the online 

instructions for accessing the dockets. 

Alternatively, you may review the 

documents in person at the street 

address listed above. 

FOR FURTHER INFORMATION CONTACT: 

Technical Information: Mike Israni, 

(202) 366–4571, or by e-mail at 

mike.israni@dot.gov. 

Regulatory Information: Cheryl 

Whetsel by phone at (202) 366–4431 or 

by e-mail at cheryl.whetsel@dot.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The National Technology Transfer 

and Advancement Act of 1995 (Pub. L. 

104–113; signed into law March 7, 1996) 


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36140 Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Proposed Rules 

directs Federal agencies to use 

voluntary consensus standards instead 

of government-written standards. The 

Office of Management and Budget 

(OMB) Circular A–119: Federal 

Participation in the Development and 

Use of Voluntary Consensus Standards 

and in Conformity Assessment 

Activities sets the policies on Federal 

use and development of voluntary 

consensus standards. Voluntary 

consensus standards are standards 

developed or adopted by voluntary 

bodies that develop, establish, or 

coordinate technical standards using 

agreed upon procedures. These 

organizations update and revise their 

published standards every 3 to 5 years, 

to reflect modern technology and best 

technical practices. 

PHMSA’s Office of Pipeline Safety 

staff participates in more than 25 

national voluntary consensus standards 

committees. There are more than 60 

standards and specifications 

incorporated by reference in 49 CFR 

parts 192, 193, and 195. 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 that the best interests of public 

safety are being served. When PHMSA 

believes some aspect of a standard does 

not meet this directive, it will not 

incorporate the new edition. PHMSA 

has reviewed the revised voluntary 

consensus standards proposed for 

incorporation in whole or in part in 49 

CFR parts 192, 193, and 195. 

Previous updates to incorporate 

industry standards by reference were 

published May 24, 1996 (61 FR 26121), 

June 6, 1996 (61 FR 2877), February 17, 

1998 (63 FR 7721), June 14, 2004 (69 FR 

32886), June 9, 2006 (71 FR 33402), and 

February 1, 2007 (72 FR 4657). 

II. Updated Standards Not 

Incorporated by Reference 

PHMSA will not propose to 

incorporate by reference the following 

updated ASTM International (ASTM), 

formerly known as the American 

Society of Testing and Materials, 

standards. 

—ASTM D638; Standard Test Method 

for Tensile Properties of Plastics (2008 

edition) 

—ASTM D2513; Standard Specification 

for Thermoplastic Gas Pressure Pipe, 

Tubing and Fittings (2007 edition) 

—ASTM D2517; Standard Specification 

for Reinforced Epoxy Resin Gas 

Pressure Pipe and Fittings (2006) 

—ASTM F1055; Standard Specification 

for Electrofusion-Type Polyethylene 

Fittings for Outside Diameter 

Controller Polyethylene Pipe and 

Tubing (2006) 

PHMSA believes that a number of 

important issues need to be fully 

addressed by ASTM Committee F–17 

and D20.10 before we adopt any new 

editions. Among these are the issues of 

appurtenances, marking and or 

traceability, increase in design factor, 

and qualifications requirements for new 

materials. Therefore, we are proposing 

to continue to reference in the gas 

pipeline safety regulations the standards 

found in ASTM D638 (2003 edition), 

(ASTM D2513 1987 and 1999 edition), 

ASTM D2517 (2000 edition) and ASTM 

F1055 (1998 edition) for plastic pipe 

and fittings. 

PHMSA has determined that the 

following updated National Fire 

Protection Association (NFPA) 

standards will not be incorporated by 

reference at this time. 

—NFPA 58; Liquefied Petroleum Gas 

Code (LP-Gas Code) (2008 edition) 

—NFPA 59; Utility LP-Gas Plant Code 

(2008 edition) 

PHMSA currently requires that the 

NFPA standards prevail if there is a 

conflict between Part 192 and NFPA 

Standards 58 or 59. PHMSA is 

proposing a change to paragraph (c) in 

§ 192.11 for petroleum gas systems. This 

requirement was put in place to take 

advantage of more current petroleum 

gas transportation technology and safety 

practices. However, PHMSA has noticed 

that § 192.11(c) is consistently being 

misinterpreted by operators. Also, we 

believe the 2008 editions of NFPA 

Standards 58 and 59 have many 

conflicts with Part 192. Therefore, we 

are proposing to revise the regulation to 

require that Part 192 will prevail if there 

is a conflict between Part 192 and NFPA 

58 or NFPA 59. 

PHMSA believes the updated NFPA 

58 would supplant the requirements of 

Part 192 with lesser criteria in the areas 

of damage prevention; odorization 

requirements; distribution valve 

maintenance; and operation and 

maintenance, emergency, and public 

awareness planning. In addition, 

because NFPA 58 does not apply 

retroactively, the 2008 revisions would 

not apply to those regulated facilities in 

existence before this edition was issued. 

This would create a situation where 

significant portions of Part 192 would 

apply to some facilities and NFPA 58 

(2008) would apply to others. PHMSA 

also believes the 2008 edition of NFPA 

59 is not in concert with the scope of 

pipeline facilities as designated in Part 

192.1(b)(5), and with Subpart I— 

Requirements for Corrosion Control. 

Therefore, we are proposing to continue 

to reference in the pipeline safety 

regulations the standards found in 

NFPA 58 (2004) and NFPA 59 (2004). 

III. Updated Standards Partially 

Incorporated by Reference 

PHMSA is proposing to partially 

incorporate NFPA 59A, Standard for the 

Production, Storage, and Handling of 

Liquefied Natural Gas (LNG) (2006 

edition) at this time. We are proposing 

to reference in Part 193 only those 

specified sections of the 2006 edition 

pertaining to ultrasonic inspection and 

to seismic design. PHMSA believes that 

the NFPA 59A committee has yet to 

reconcile issues relating to dispersion 

analyses for vapor releases from process 

and safety equipment; containers with 

liquid penetrations at grade; design spill 

cases for full and double containment 

containers; standards for impoundment 

sizing for snow accumulation, severe 

weather, emergency depressurization, 

and fuel bunkering. Therefore, except 

for specified sections in the 2006 

edition, PHMSA proposes to continue to 

reference NFPA 59A (2001). 

IV. Updates to Standards Incorporated 

by Reference 

PHMSA proposes the following new 

editions of currently-referenced 

standards for incorporation by reference 

(IBR) in parts 192, 193, and 195. 

PHMSA is also proposing to amend the 

titles in the applicable referenced 

sections to reflect the updated standards 

as appropriate. This notice proposes to 

incorporate all or parts of the latest 

editions of 39 voluntary consensus 

technical standards referenced in the 

pipeline safety regulations. 

API RP 5L1 & API RP 5LW 

PHMSA proposes to adopt American 

Petroleum Institute (API) Recommended 

Practice 5LW (API RP 5LW) 

‘‘Transportation of Line Pipe on Barges 

and Marine Vessels’’ into 49 CFR parts 

192 and 49 CFR 195. This newlyincorporated standard would be 

referenced in § 192.65 and a newlycreated § 195.207. API RP 5LW would 

provide a standard for transportation of 

certain API Specification 5L steel line 

pipe by ship or barge on both inland 

and marine waterways. PHMSA also 

proposes to incorporate by reference 

API RP 5L1 into the newly-created 

§ 195.207 similar to how it is 

incorporated by reference in § 192.65. 

This would provide a standard for 

liquid operators for the transportation of 

certain API Specification 5L steel line 

pipe by railroad. 


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Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Proposed Rules 36141 

API 620 

PHMSA proposes to adopt API 620 

(2008) ‘‘Design and Construction of 

Large, Welded, Low-Pressure Storage 

Tanks’’ in 49 CFR Part 193 for seismic 

design and nondestructive examination. 

NFPA 59A (2006) incorporates by 

reference the 1990 edition of API 620 

but PHMSA proposes to incorporate by 

reference the most recent version, API 

620 (2008). 

American Petroleum Institute (API) 

• ANSI/API Spec 5L/ISO 3183 

Specification for Line Pipe (44th 

edition, 2007), Includes Errata and 

Addendum (2009) 

Replaces IBR: API Specification 5L, 

‘‘Specification for Line Pipe’’ (43rd 

edition and errata, 2004); 

Referenced in 49 CFR 192.55(e); 

192.113; Item I, Appendix B to part 192; 

195.106(b)(1)(i); 195.106(e). 

• API Spec 5LW API Recommended 

Practice 5LW, ‘‘Recommended Practice 

for ‘Transportation of Line Pipe on 

Barges and Marine Vessels’ ’’ (2nd 

edition, 1996) 

Proposed to be IBR; 

Proposed to be Referenced in 49 CFR 

192.65(b); 195.207(b). 

• API Spec 6D/ISO 14313 ‘‘Pipeline 

Valves’’ (23rd edition and errata 1, 2 

and 3, (2009) 

Replaces IBR: API Specification 6D 

‘‘Pipeline Valves’’ (22nd edition, 

January 2002); 

Referenced in 49 CFR 192.145(a); 

195.116(d). 

• ANSI/API 12F, Specification for 

Shop Welded Tanks for Storage of 

Production Liquids (11th edition errata, 

February 2007) 

Replaces IBR: 11th edition, 1994; 

Referenced in 49 CFR 195.132(b)(1); 

195.205(b)(2); 195.264(b)(1); 

195.264(e)(1); 195.307(a); 195.565; 

195.579(d). 

• ANSI/API 510, ‘‘Pressure Vessel 

Inspection Code: Maintenance 

Inspection, Rating, Repair, and 

Alteration,’’ (9th edition, June 2006) 

Replaces IBR: 8th edition, 1997 

including Addenda 1 through 4; 

Referenced in 49 CFR 195.205(b)(3); 

195.432(c). 

•API 620, ‘‘Design and Construction 

of Large, Welded, Low-Pressure Storage 

Tanks’’ (11th edition, February 2008, 

Addendum 1, 2009) 

Replaces IBR: 10th edition, 2002 

including Addendum 1; 

Referenced in 49 CFR 195.132(b)(2); 

195.205(b)(2); 

195.264(b)(1);195.264(e)(3); 195.307(b) 

Reference added in 49 CFR 

193.2101(b), 193.2321(b). 

• API 650, ‘‘Welded Steel Tanks for 

Oil Storage,’’ (11th edition, June 2007, 

Addendum 1, 2008) 

Replaces IBR: 10th edition, 1998 

including Addenda 1–3; 

Referenced in 49 CFR 195.132(b)(3); 

195.205(b)(1); 195.264(b)(1); 

195.264(e)(2); 195.307; 195.565; 

195.579(d). 

• ANSI/API Recommended Practice 

651, ‘‘Cathodic Protection of 

Aboveground Petroleum Storage Tanks’’ 

(3rd edition, January 2007) 

Replaces IBR: 2nd edition, December 

1997; 

Referenced in 49 CFR 195.565; 

195.579(d). 

• ANSI/API Recommended Practice 

652, ‘‘Lining of Aboveground Petroleum 

Storage Tank Bottoms,’’ (3rd edition, 

October 2005) 

Replaces IBR: 2nd edition, December 

1997; 

Referenced in 49 CFR 195.579(d). 

• API 653, ‘‘Tank Inspection, Repair, 

Alteration, and Reconstruction,’’ (3rd 

edition, includes Addendum 1 (2003), 

Addendum 2 (2005), Addendum 3 

(2008), and Errata (2008), April 2008) 

Replaces IBR: 3rd edition, 2001 

including Addendum 1, 2003; 

Referenced in 49 CFR 195.205(b)(1); 

195.432(b). 

• API 1104, ‘‘Welding of Pipelines 

and Related Facilities,’’ (20th edition, 

Errata/Addendum, (2007) and Errata 2 

(2008)) 

Replaces IBR: 19th edition, 1999, 

including Errata October 31, 2001; 

Referenced in 49 CFR 192.225; 

192.227(a); 192.229(c)(1); 192.241(c); 

Item II, Appendix B; 195.222; 

195.228(b); 195.214(a). 

• API 1130, ‘‘Computational Pipeline 

Monitoring for Liquid Pipelines’’ (1st 

edition, September 2007) 

Replaces IBR: 2nd edition, 2002; 

Referenced in 49 CFR 195.134; 

195.444. 

• API 2000, ‘‘Venting Atmospheric 

and Low-Pressure Storage Tanks’’ (5th 

edition, errata, November 1999) 

Replaces IBR: 5th edition, April 1998; 

Referenced in 49 CFR 195.264(e)(2); 

195.264(e)(3). 

• API Recommended Practice 2003, 

‘‘Protection against Ignitions Arising 

Out of Static, Lightning, and Stray 

Currents,’’ (7th edition, January 2008) 

Replaces IBR: 6th edition, 1998; 

Referenced in 49 CFR 195.405(a). 

• API 2026, ‘‘Safe Access/Egress 

Involving Floating Roofs of Storage 

Tanks in Petroleum Service,’’ (2nd 

edition, reaffirm, June 2006) 

Replaces IBR: 2nd edition, 1998; 

Referenced in 49 CFR 195.405(b). 

• API Recommended Practice 2350 

‘‘Overfill Protection for Storage Tanks in 

Petroleum Facilities,’’ (3rd edition, 

January 2005) 

Replaces IBR: 2nd edition, 1996; 

Referenced in 49 CFR 195.428(c). 

American Society of Civil Engineers 

(ASCE) 

• ASCE/SEI 7–05, ‘‘Minimum Design 

Loads for Buildings and Other 

Structures’’ (2005 edition) 

Replaces IBR: 2002 edition; 

Referenced in 49 CFR 193.2067. 

American Society for Testing and 

Materials (ASTM) 

• ASTM A53/A53M–07 (2007), 

‘‘Standard Specification for Pipe, Steel, 

Black and Hot-Dipped, Zinc-Coated, 

Welded and Seamless’’ 

Replaces IBR: 2004 edition; 

Referenced in 49 CFR 192.113; Item I, 

Appendix B to part 192; 195.106(e). 

• ASTM A106/106M–08 (2008), 

‘‘Standard Specification for Seamless 

Carbon Steel Pipe for High-Temperature 

Service’’ 

Replaces IBR: 2004 edition; 

Referenced in 49 CFR 192.113; Item I, 

Appendix B to part 192; 195.106(e). 

• ASTM A372/A372M–03 (2008), 

‘‘Standard Specification for Carbon and 

Alloy Steel Forgings for Thin-Walled 

Pressure Vessels’’ 

Replaces IBR: 2003 edition; 

Referenced in 49 CFR 192.177(b)(1). 

• ASTM A381–96 (Reapproved 2005), 

‘‘Standard Specification for Metal-ArcWelded Steel Pipe for Use with HighPressure Transmission Systems’’ 

Replaces IBR: 1996 edition, 

reapproved 2001; 

Referenced in 49 CFR 192.113; Item I, 

Appendix B to part 192; 195.106(e). 

• ASTM A671–06 (2006), ‘‘Standard 

Specification for Electric-FusionWelded Steel Pipe for Atmospheric and 

Lower Temperatures’’ 

Replaces IBR: 2004 edition; 

Referenced in 49 CFR 192.113; Item I, 

Appendix B to part 192; 195.106(e). 

• ASTM A672–08 (2008), ‘‘Standard 

Specification for Electric-FusionWelded Steel Pipe for High-Pressure 

Service at Moderate Temperatures’’ 

Replaces IBR: 1996 edition, 

reapproved 2001; 

Referenced in 49 CFR 192.113; Item I, 

Appendix B to part 192; 195.106(e). 

• ASTM A691–98 (2007), ‘‘Standard 

Specification for Carbon and Alloy Steel 

Pipe, Electric-Fusion-Welded for HighPressure Service at High Temperatures’’ 

Replaces IBR: 1998 edition, 

reapproved 2002; 

Referenced in 49 CFR 192.113; Item I, 

Appendix B to part 192; 195.106(e). 

ASME International (ASME) 

• ANSI/ASME B16.1–2005, Gray Iron 

Pipe Flanges and Flanged Fittings: 

Classes 25, 125, and 250 (August 2006) 

Replaces IBR: ASME B16.1–1998 

‘‘Cast Iron Pipe Flanges and Flanged 

Fittings’’ 1998 edition; 


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36142 Federal Register / Vol. 74, No. 139 / Wednesday, July 22, 2009 / Proposed Rules 

Referenced in 49 CFR 192.147(c). 

• ANSI/ASME B16.9–2007, ‘‘FactoryMade Wrought Steel Butt Welding 

Fittings’’ (December 2007) 

Replaces IBR: 2003 edition (February 

2004); 

Referenced in 49 CFR 195.118(a). 

• ANSI/ASME B31.4–2006 ‘‘Pipeline 

Transportation Systems for Liquid 

Hydrocarbons and Other Liquids’’ 

(October 2006) 

Replaces IBR: 2002 edition (October 

2002); 

Referenced in 49 CFR 195.452(h)(4)(i). 

• ANSI/ASME B31.8–2007 ‘‘Gas 

Transmission and Distribution Piping 

Systems’’ (November 2007) 

Replaces IBR: 2003 edition (February 

2004); 

Referenced in 49 CFR 192.619(a)(1)(i); 

195.5(a)(1)(i); 195.406(a)(1)(i). 

• ASME Boiler and Pressure Vessel 

Code, Section I: Rules for Construction 

of Power Boilers 2007 (July 2007) 

Replaces IBR: 2004 edition, including 

addenda through July 1, 2005; 

Referenced in 49 CFR 192.153(a). 

• ASME Boiler and Pressure Vessel 

Code, Section VIII, Division 1: Rules for 

Construction of Pressure Vessels 2007 

(July 2007) 

Replaces IBR: 2004 edition, including 

addenda through July 1, 2005; 

Referenced in 49 CFR 192.153(b); 

192.165(b)(3); 193.2321; 195.307(e). 

• ASME Boiler and Pressure Vessel 

Code, Section VIII, Division 2: 

Alternative Rules 2007 (July 2007) 

Replaces IBR: 2004 edition, including 

addenda through July 1, 2005; 

Referenced in 49 CFR 192.153(b); 

192.165(b)(3); 193.2321; 195.307(e). 

• ASME Boiler and Pressure Vessel 

Code, Section IX: Welding and Brazing 

Qualifications 2007 (July 2007) 

Replaces IBR: 2004 edition, including 

addenda through July 1, 2005; 

Referenced in 49 CFR 192.227(a); Item 

II, Appendix B to part 192; 195.222. 

Gas Technology Institute (GTI) 

• GTI–04/0032 LNGFIRE3: A 

Thermal Radiation Model for LNG Fires 

(2004) 

Replaces IBR: GRI–89/0176 

‘‘LNGFIRE: A Thermal Radiation Model 

for LNG Fires’’ (June 29, 1990); 

Referenced in 49 CFR 193.2057. 

Manufacturers Standardization Society 

of the Valve and Fittings Industry, Inc. 

(MSS) 

• MSS SP–44–2006, ‘‘Steel Pipe Line 

Flanges’’ (January 2006) 

Replaces IBR: 1996 edition, reaffirmed 

2001; 

Referenced in 49 CFR 192.147(a). 

NACE International (NACE) 

• NACE SP0169–2007, ‘‘Control of 

External Corrosion on Underground or 

Submerged Metallic Piping Systems’’ 

Replaces IBR: NACE Standard 

RP0169–2002 ‘‘Control of External 

Corrosion on Underground or 

Submerged Metallic Piping Systems’’; 

Referenced in 49 CFR 195.571; 

195.573. 

• NACE SP0502–2008 Standard 

Practice—Pipeline External Corrosion 

Direct Assessment Methodology 

(Reaffirmed) 

Replaces IBR: NACE Standard 

RP0502–2002 ‘‘Pipeline External 

Corrosion Direct Assessment 

Methodology’’; 

Referenced in 49 CFR 192.923(b)(1); 

192.925(b) Introductory text; 

192.925(b)(1); 192.925(b)(1)(ii); 

192.925(b)(2) Introductory text; 

192.925(b)(3) Introductory text; 

192.925(b)(3)(ii); 192.925(b)(iv); 

192.925(b)(4) Introductory text; 

192.925(b)(4)(ii); 192.931(d); 

192.935(b)(1)(iv); 192.939(a)(2); 195.588. 

National Fire Protection Association 

(NFPA) 

• NFPA 30 (2008), ‘‘Flammable and 

Combustible Liquids Code’’ 

Replaces IBR: 2003 edition; 

Referenced in 49 CFR 192.735(b); 

195.264(b)(1). 

• NFPA 59A (2006), ‘‘Standard for the 

Production, Storage, and Handling of 

Liquefied Natural Gas (LNG) 

Partially Replaces IBR: 2001 edition; 

Referenced in 49 CFR 193.2101(b); 

193.2321(b). 

• NFPA 70 (2008) ‘‘National 

Electrical Code’’ 

Replaces IBR: 2005 edition; 

Referenced in 49 CFR 192.163(e); 

192.189(c). 

Plastics Pipe Institute, Inc. (PPI) 

• PPI TR–3/2008 (2008), ‘‘Policies 

and Procedures for Developing 

Hydrostatic Design Basis (HDB), 

Pressure Design Basis (PDB), Strength 

Design Basis (SDB), and Minimum 

Required Strength (MRS) Ratings for 

Thermoplastic Piping Materials or Pipe’’ 

Replaces IBR: 2004 edition; 

Referenced in 49 CFR 192.121. 

On April 14, 2009 (74 FR 17099), 

PHMSA published a Direct Final Rule 

that incorporated by reference the 2007 

editions of API Specification 5L 

‘‘Specification for Line Pipe’’ and API 

1104 ‘‘Welding of Pipelines and Related 

Facilities.’’ That rulemaking did not 

eliminate the use of the currently 

referenced standards but simply 

allowed the additional use of these new 

standards. In this NPRM PHMSA is 

proposing to eliminate the use of the 

previous editions of these standards. 

V. Clarifications, Corrections and Edits 

This document proposes to revise the 

pipeline safety regulations to make, 

non-substantive edits, update contact 

information, and provide clarification as 

specified in the following section-bysection summary: 

Part 192 

Section 192.11 

PHMSA is proposing to revise 

paragraph (c) in § 192.11 to require that 

Part 192 prevails if there is a conflict 

between Part 192 and NFPA 58 or 59 for 

the reasons discussed above in 

‘‘Updated Standards Not Incorporated 

by Reference.’’ 

Section 192.711 

• When the repair time conditions 

were implemented for Pipeline Integrity 

Management in High Consequence 

Areas (HCA), this section was not 

modified to clarify that the repair times 

for pipelines covered by § 192.711 

pertained only to nonintegrity 

management repairs. 

We are revising this section to make 

that clearer. 

Gas Piping Technology Committee 

(GPTC) Petition 

GPTC is an accredited American 

National Standards Institute (ANSI) 

standards committee that develops and 

publishes the ‘‘Guide for Gas 

Transmission and Distribution Piping 

Systems’’, and assists natural gas 

pipeline operators to comply with Part 

192. PHMSA’s Office of Pipeline Safety 

(OPS) is represented on this committee. 

PHMSA proposes to make the following 

amendments in response to a GPTC 

petition: 

Sections 192.145(d) and 192.145(e) 

• Section 192.145 specifies the design 

and installation requirements for valves. 

GPTC petition 89–04 requests that OPS 

clarify the intent of § 192.145(d) and (e) 

regarding the design requirements for 

pressure containing parts of valves used 

in compressor stations. OPS has several 

interpretations, PI–75–057 and PI–71– 

014, stating that the plug or ball is not 

a pressure containing part. It is OPS’s 

intent to permit the use of cast iron 

plugs or balls in combination with steel 

shell components. 

We are proposing to revise paragraphs 

(d) and (e) to use the same language as 

ANSI/ASME B31.8, paragraph 831.11(c) 

in referring to shell components. 

Proposed revisions to paragraph (d) will 

clarify the elements of a ‘‘shell 

component.’’ 


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In response to GPTC’s petition, we are 

also clarifying the materials allowed in 

certain valve components used in 

compressor stations. In paragraph (e), 

we are proposing to clarify that cast 

iron, malleable iron, or ductile iron may 

be used in the valve ball or plug. These 

materials may not be used in the 

pressure holding shell components 

(body, bonnet, cover, or end flange). 

Section 192.3 

• Section 192.3 defines terms used 

throughout Part 192. PHMSA proposes 

to move the definitions, ‘‘active 

corrosion’’, ‘‘electrical survey’’ and 

‘‘pipeline environment’’ from 

§ 192.465(e) to § 192.3. This proposed 

revision will provide a broader 

applicability of these terms to Part 192 

because these terms are also found in 

Part 192, Subparts I and O. 

Section 192.557 

GPTC petition 95–17 requests OPS 

revise § 192.557(c) to allow the use of a 

previous pressure test as a basis for 

increasing the maximum allowable 

operating pressure (MAOP) of a steel 

pipeline that will produce a hoop stress 

less than 30 percent of SMYS and of 

plastic, cast iron, and ductile iron 

pipelines. 

Regulations in Subpart K do not 

require a new pressure test be 

conducted at the time of uprating unless 

the old pressure test cannot justify the 

uprated pressure. Section 192.555 

addresses uprating higher stress steel 

pipelines and § 192.557 addresses lower 

stress steel pipelines and plastic, cast 

iron, and ductile iron pipelines. Section 

192.555(c) explicitly allows the use of a 

previous pressure test as the basis for 

establishing a higher MAOP. Since in 

§ 192.555(c), we allow a previous 

pressure test at the higher level hoop 

stress, we intended to allow it at a lower 

hoop stress in steel pipelines and in 

plastic, cast iron, and ductile iron 

pipelines. 

The confusion is with the requirement 

of § 192.553(d), which states that, 

‘‘* * * a new maximum allowable 

operating pressure established under 

this subpart may not exceed the 

maximum that would be allowed under 

this part for a new segment of pipeline 

constructed of the same materials in the 

same location’’. Only the derating for 

class location as specified in § 192.619 

is a requirement of section § 192.553(d) 

for pipelines being uprated under 

§ 192.555(c). The intent is not to 

preclude the use of a previous pressure 

test as a basis for uprating. This 

requirement would also apply to steel 

pipelines of lower hoop stress and to 

plastic, cast iron, and ductile iron 

pipelines when the basis of uprating is 

a previous pressure test. PHMSA 

proposes to clarify requirements for 

MAOP uprating in § 192.557(c) by 

including the location factor 

requirements in § 192.619(a)(2). 

Part 193 

Section 193.2101 

PHMSA is proposing to revise this 

regulation to incorporate by reference 

sections from the 2006 edition of 

NFPA59A pertaining to the seismic 

design of stationary LNG storage tanks. 

Other sections from the 2001 edition of 

NFPA 59A would continue to be 

incorporated by reference as designated 

in 193.2013. NFPA 59A (2006) 

incorporates by reference the 1990 

edition of API 620 but PHMSA proposes 

to incorporate by reference the most 

recent version, API 620 (2008), for 

seismic design. 

Section 193.2321 

PHMSA is proposing to clarify the 

language in § 193.2321(a) and to use the 

broader terminology for non-destructive 

testing. PHMSA also proposes to revise 

193.2321(b) to add new requirements in 

accordance with NFPA 59A’s 2006 

edition for the ultrasonic examination of 

LNG tank welds for storage tanks with 

an internal design pressure at or below 

15 psig. 

Part 195 

Section 195.307 

• PHMSA is proposing to revise 

paragraph (c) to reflect revised section 

numbering regarding pneumatic testing 

from 5.3 to 5.2 of API Standard 650. 

Section 195.401 

• When the repair time conditions 

were implemented for Pipeline Integrity 

Management in High Consequence 

Areas (HCA), this section was not 

modified to clarify that the repair times 

for pipelines covered by § 195.452 

(pipelines that could affect an HCA) had 

to comply with the integrity 

management repair requirements in 

§ 195.452(h). The requirement to repair 

a condition within a reasonable time 

period (unless an immediate hazard) 

applies to conditions on pipelines not 

covered by § 195.452. 

We are revising this section to make 

those requirements clearer. 

Section 195.432 

PHMSA is proposing to revise 

paragraph (b) to eliminate the reference 

to section 4 in API Standard 653. All 

sections in API Standard 653 relating to 

inspection of in-service atmospheric 

and low-pressure steel aboveground 

breakout tanks are incorporated by 

reference. 

Section 195.452 

• PHMSA is proposing to revise 

paragraph (h)(4)(i) to reflect new section 

numbering as specified in the updated 

ANSI/ASME B31.4. The referenced 

section would be changed from ‘‘451.7’’ 

to ‘‘451.6.2.2 (b)’’. 

VI. Rulemaking Analyses and Notices 

Statutory/Legal Authority for This 

Rulemaking 

This proposed rulemaking is 

published under the authority of the 

Federal Pipeline Safety Law (49 U.S.C. 

60101). Section 60102 authorizes the 

Secretary of Transportation to issue 

regulations governing design, 

installation, inspection, emergency 

plans and procedures, testing, 

construction, extension, operation, 

replacement, and maintenance of 

pipeline facilities. Section 60102(l) of 

the Federal Pipeline Safety Law states 

that the Secretary shall, to the extent 

appropriate and practicable, update 

incorporated industry standards that 

have been adopted as part of the Federal 

pipeline safety regulations. 

Privacy Act Statement 

Anyone may search the electronic 

form of comments received in response 

to any of our dockets by the name of the 

individual submitting the comment (or 

signing the comment if submitted for an 

association, business, labor union,). 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:// 

docketsinfo.dot.gov/. 

Executive Order 13132 

PHMSA has analyzed the proposed 

rulemaking according to the principles 

and criteria in Executive Order 13132 

(‘‘Federalism’’). The proposed rule 

would 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 proposed rule 

would not impose substantial direct 

compliance costs on State and local 

governments. This proposed regulation 

would not preempt state law for 

intrastate pipelines. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 would not 

apply. 


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1PHMSA, Pipeline Basics, http:// 

primis.phmsa.dot.gov/comm/PipelineBasics.htm. 

2 GAO/RCED–00–128, ‘‘The Office of Pipeline 

Safety is Changing How it Oversees the Pipeline 

Industry.’’ 

3PHMSA. Pipeline Safety Q&As. 

Executive Order 12866—Regulatory 

Planning and Review and DOT 

Regulatory Policies and Procedures 

This proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866 (58 FR 51735) 

and, therefore, would not be subject to 

review by the Office of Management and 

Budget. This proposed rule is not 

significant under the Regulatory Policies 

and Procedures of the Department of 

Transportation (44 FR 11034). 

In this proposed 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 

are also clarifying language in some of 

the provisions to better reflect the intent 

of those regulations. Industry standards 

developed and adopted by consensus 

generally are accepted and followed by 

the industry; thus, their incorporation 

by reference in the Pipeline Safety 

Regulations assures that the industry is 

not forced to comply with a different set 

of standards to accomplish the same 

safety goal. In addition, several 

amendments proposed for adoption 

provide regulatory relief through 

compliance with certain nationally and 

internationally recognized standards 

such as the American Society of 

Mechanical Engineers (ASME) Boiler 

and Pressure Vessel Code and standards 

published by the ASTM International 

(ASTM) and the American Petroleum 

Institute (API). Requiring regulatory 

compliance with standards such as the 

ASME, ASTM and API takes advantage 

of established and well-defined and 

proven practices. Because we are 

proposing to adopt industry consensus 

standards we expect compliance costs 

associated with this proposal will be 

minimal. 

Overall this proposed rule is intended 

to enhance transportation safety and 

reduce the overall compliance burden 

on the regulated industry. We invite 

public comment on any impacts of these 

proposed amendments 

Executive Order 13175 

PHMSA has analyzed this proposed 

rulemaking according to Executive 

Order 13175 (‘‘Consultation and 

Coordination with Indian Tribal 

Governments’’). Because this proposed 

rulemaking would 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 would not 

apply. 

Regulatory Flexibility Act 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601), PHMSA must consider 

whether rulemaking actions would have 

a significant economic impact on a 

substantial number of small entities. 

This proposed rule would ensure that 

pipeline operators are using the most 

current editions of technical standards 

incorporated by reference. The proposed 

rule would also improve the clarity of 

several regulations. PHMSA believes 

that this proposed rulemaking would 

impact a substantial number of small 

entities but that this impact will be 

negligible. 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 proposed 

rulemaking will not have a significant 

economic impact on a substantial 

number of small entities. PHMSA 

invites public comments on this 

certification. 

Unfunded Mandates Reform Act of 1995 

This proposed rule would not impose 

unfunded mandates under the 

Unfunded Mandates Reform Act of 

1995. It would not result in costs of 

$100 million (adjusted for inflation 

currently estimated to be $141 million) 

or more in any one year to either State, 

local, or tribal governments, in the 

aggregate, or to the private sector, and 

would be the least burdensome 

alternative that achieves the objective of 

the proposed rulemaking. 

Paperwork Reduction Act 

This proposed rule would not impose 

any new information collection 

requirements. 

National Environmental Policy Act 

The National Environmental Policy 

Act (42 U.S.C. 4321–4375) requires that 

Federal agencies analyze proposed 

actions to determine whether the action 

will have a significant impact on the 

human environment. The Counsel on 

Environmental Quality (CEQ) 

regulations order Federal agencies to 

conduct an environmental review 

considering (1) the need for the 

proposed action (2) alternatives to the 

proposed action (3) probable 

environmental impacts of the proposed 

action and alternatives and (4) the 

agencies and persons consulted during 

the consideration process. 40 CFR 

1508.9(b). 

1. Purpose and Need 

PHMSA is proposing to incorporate 

by reference (IBR) into the pipeline 

safety regulations all or parts of new 

editions of voluntary consensus 

standards to allow pipeline operators to 

use current technology, new materials, 

and other industry and management 

practices. PHMSA also proposes to 

make non substantive edits and clarify 

regulatory language in certain 

provisions. These proposed 

amendments to the pipeline safety 

regulations would not require pipeline 

operators to undertake any significant 

new pipeline safety initiatives. 

2. Alternatives 

In developing the proposed rule, we 

considered two alternatives: 

(1) Do nothing. 

(2) Propose revisions to the Pipeline 

Safety Regulations to incorporate the 

newest editions of voluntary consensus 

standards to allow pipeline operators to 

use current technologies. 

Alternative 1 

Because our goal is to facilitate 

uniformity, compliance, commerce and 

safety in the transportation of hazardous 

liquids and gases by pipeline, we 

rejected this alternative. 

Alternative 2 

Many of the industry standards 

currently incorporated by reference 

have been revised and updated to 

incorporate new technology and 

methodology. Most of the amendments 

would allow for alternative means of 

compliance while still ensuring safety, 

clarify regulatory requirements, and 

make the regulatory provisions more 

consistent—all in furtherance of the safe 

transportation of hazardous materials by 

pipeline. 

3. Analysis of Environmental Impacts 

The Nation’s pipelines are located 

throughout the United States, onshore 

and offshore, and traverse a variety of 

environments—from highly populated 

urban sites to remote, unpopulated rural 

areas.1 . The pipeline infrastructure is a 

network of over 2 million miles of 

pipeline that moves millions of gallons 

of hazardous liquids and over 55 billion 

cubic feet of natural gas daily.2 The 

biggest source of energy is petroleum, 

including oil and natural gas. Together, 

they supply 65 percent of the energy in 

the United States.3

The physical environment potentially 

affected by the proposed rule includes 

the airspace, water resources (e.g., 

oceans, streams, lakes), cultural and 

historical resources (e.g., properties 


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listed on the National Register of 

Historic Places), biological and 

ecological resources (e.g., coastal zones, 

wetlands, plant and animal species and 

their habitat, forests, grasslands, 

offshore marine ecosystems), and 

special ecological resources (e.g., 

threatened and endangered plant and 

animal species and their habitat, 

national and State parklands, biological 

reserves, wild and scenic rivers) that 

exist directly adjacent to and within the 

vicinity of pipelines. 

Because the pipelines subject to the 

rule contain hazardous materials, 

resources within the physically affected 

environment, as well as public health 

and safety, may be affected by gas 

pipeline incidents such as spills and 

leaks. Incidents on pipelines can result 

in fires and explosions, with resulting 

damage to the local environment. In 

addition, since pipelines often contain 

gas streams laden with condensates and 

natural gas liquids (NGL’s), failures also 

result in spills of these liquids, which 

can cause environmental harm. 

Depending on the size of a spill or gas 

leak, and the nature of the impact zone, 

the environmental impacts could vary 

from property damage and 

environmental damage to injuries or, on 

rare occasions, fatalities. 

Updating the references to industry 

standards enhances safety and 

environmental protection by 

recognizing the use of new technologies. 

Thus it is possible that, on a national 

scale, the cumulative environmental 

damage from pipelines is reduced, or at 

a minimum unchanged. 

Neither the ‘‘do nothing’’ alternative 

or the action alternative would result in 

any significant impacts on the 

environment. 

4. Consultations 

Various industry associations and 

State regulatory agencies were consulted 

in the development of this proposed 

rulemaking 

5. Decision About the Degree of 

Environmental Impact 

PHMSA has preliminarily determined 

that the selected alternative would not 

have a significant impact on the human 

environment. PHMSA welcomes 

comment on any of these conclusions. 

Executive Order 13211 

Transporting gas affects the nation’s 

available energy supply. However, this 

proposed rulemaking would not be a 

‘‘significant’’ energy action under 

Executive Order 13211. It also would 

not be a significant regulatory action 

under Executive Order 12866 and 

would not be 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 

would not be likely to identify this 

proposed rule as a significant energy 

action. 

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 

Incorporation by reference, Natural 

gas, Pipeline safety. 

49 CFR Part 193 

Incorporation by reference, Liquefied 

natural gas, Pipeline safety. 

49 CFR Part 195 

Anhydrous ammonia, Carbon dioxide, 

Incorporation by reference, Petroleum 

pipeline safety. 

In consideration of the foregoing, 

PHMSA proposes to amend 49 CFR 

Parts 192, 193, 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. 5103, 60102, 60104, 

60108, 60109, 60110, 60113, 60116, 60118 

and 60137; and 49 CFR 1.53. 

2. In § 192.3, add the following 

definitions for ‘‘Active corrosion’’, 

‘‘Electrical survey’’, and ‘‘Pipeline 

environment’’ in appropriate 

alphabetical order as follows: 

§ 192.3 Definitions. 

* * * * * 

Active corrosion means continuing 

corrosion that, unless controlled, could 

result in a condition that is detrimental 

to public safety. 

* * * * * 

Electrical survey means a series of 

closely spaced pipe-to-soil readings over 

a pipeline which are subsequently 

analyzed to identify locations where a 

corrosive current is leaving the pipeline. 

* * * * * 

Pipeline environment includes soil 

resistivity (high or low), soil moisture 

(wet or dry), soil contaminants that may 

promote corrosive activity, and other 

known conditions that could affect the 

probability of active corrosion. 

* * * * * 

3. In § 192.7, revise paragraph (c)(2) to 

read as follows: 

§ 192.7 What documents are incorporated 

by reference partly or wholly in this part? 

* * * * * 

(c) * * * 

(2) Documents incorporated by 

reference. 

Source and name of referenced material 49 CFR reference 

A. Pipeline Research Council International (PRCI): 

(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.

§§ 192.933(a)(1); 192.933(d)(1)(i); 192.485(c). 

B. American Petroleum Institute (API): 

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

Pipe’’ (44th edition, 2007), Includes Errata and Addendum 

(2009).

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

(2) API Recommended Practice 5L1, ‘‘Recommended Practice for 

Railroad Transportation of Line Pipe’’ (6th edition, 2002).

§ 192.65(a). 

(3) API Recommended Practice 5LW, ‘‘Recommended Practice for 

‘‘Transportation of Line Pipe on Barges and Marine Vessels’’ 

(2nd edition, 1996).

§ 192.65(b). 

(4) API Specification 6D/ISO 14313, ‘‘Pipeline Valves’’ (23rd edition 

and errata 1, 2 and 3, (2009).

§ 192.145(a) 


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Source and name of referenced material 49 CFR reference 

(5) API Recommended Practice 80, ‘‘Guidelines for the Definition 

of Onshore Gas Gathering Lines,’’ (1st edition, April 2000).

§§ 192.8(a); 192.8(a)(1); 192.8(a)(2); 192.8(a)(3); 192.8(a)(4).192.8(a); 

192.8(a)(1); 192.8(a)(2); 192.8(a)(3); 192.8(a)(4). 

(6) API 1104, ‘‘Welding of Pipelines and Related Facilities’’ (20th 

edition, Errata/Addendum, (2007) and Errata 2 (2008)).

§§ 192.225; 192.227(a); 192.229(c)(1); 

192.241(c); Item II, Appendix B. 

(7) API Recommended Practice 1162, ‘‘Public Awareness Programs for Pipeline Operators’’ (1st edition, December 2003).§§ 192.616(a); 192.616(b); 192.616(c). 

C. American Society for Testing and Materials (ASTM): 

(1) ASTM A53/A53M–07, (2007), ‘‘Standard Specification for Pipe, 

Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless.’’.

§§ 192.113; Item I, Appendix B. 

(2) ASTM A106/A106M–08, (2008), ‘‘Standard Specification for 

Seamless Carbon Steel Pipe for High-Temperature Service’’.

§§ 192.113; Item I, Appendix B. 

(3) ASTM A333/A333M–05 (2005) ‘‘Standard Specification for 

Seamless and Welded Steel Pipe for Low-Temperature Service’’.

§§ 192.113; Item I, Appendix B. 

(4) ASTM A372/A372M–03 (2008), ‘‘Standard Specification for Carbon and Alloy Steel Forgings for Thin-Walled Pressure Vessels’’.§ 192.177(b)(1). 

(5) ASTM A381–96 (Reapproved 2005), ‘‘Standard Specification 

for Metal-Arc Welded Steel Pipe for Use With High-Pressure 

Transmission Systems’’.

§§ 192.113; Item I, Appendix B. 

(6) ASTM A671–06, (2006), ‘‘Standard Specification for Electric-Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures’’.§§ 192.113; Item I, Appendix B. 

(7) ASTM A672–08, (2008), ‘‘Standard Specification for Electric-Fusion-Welded Steel Pipe for High-Pressure Service at Moderate 

Temperatures’’.

§§ 192.113; Item I, Appendix B. 

(8) ASTM A691–98 (Reapproved 2007), ‘‘Standard Specification 

for Carbon and Alloy Steel Pipe, Electric-Fusion-Welded for 

High-Pressure Service at High Temperatures’’.

§§ 192.113; Item I, Appendix B. 

(9) ASTM D638–03, ‘‘Standard Test Method for Tensile Properties 

of Plastics’’.

§§ 192.283(a)(3); 192.283(b)(1). 

(10) ASTM D2513–87, ‘‘Standard Specification for Thermoplastic 

Gas Pressure Pipe, Tubing, and Fittings’’.

§ 192.63(a)(1). 

(11) ASTM D2513–99, ‘‘Standard Specification for Thermoplastic 

Gas Pressure Pipe, Tubing, and Fittings’’.

§§ 192.191(b); 192.281(b)(2); 192.283(a)(1)(i); Item 1, Appendix B. 

(12) ASTM D2517–00, ‘‘Standard Specification for Reinforced 

Epoxy Resin Gas Pressure Pipe and Fittings’’.

§§ 192.191(a); 192.281(d)(1); 192.283(a)(1)(ii); Item I, 

Appendix B. 

(13) ASTM F1055–1998, ‘‘Standard Specification for Electrofusion 

type Polyethylene Fittings for Outside Diameter Controller Polyethylene Pipe and Tubing’’.

§ 192.283(a)(1)(iii). 

D. ASME International (ASME): 

(1) ANSI/ASME B16.1–2005, Gray Iron Pipe Flanges and Flanged 

Fittings: Classes 25, 125, and 250.

§ 192.147(c). 

(2) ANSI/ASME B16.5–2003, ‘‘Pipe Flanges and Flanged Fittings 

1998’’.

§§ 192.147(a); 192.279. 

(3) ANSI/ASME B31G–1991 (Reaffirmed; 2004), ‘‘Manual for Determining the Remaining Strength of Corroded Pipelines’’.§§ 192.485(c); 192.933(a). 

(4) ANSI/ASME B31.8–2007, (November 2007), ‘‘Gas Transmission and Distribution Piping Systems’’.§ 192.619(a)(1)(i). 

(5) ANSI/ASME B31.8S–2004, ‘‘Supplement to B31.8 on Managing 

System Integrity of Gas Pipelines’’.

§§ 192.903(c); 192.907(b); 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)(1); 

192.923(b)(2); 192.923(b)(3); 192.925(b) Introductory text; 

102.925(b)(1); 192.925(b)(2); 192.925(b)(3); 192.925(b)(4); 

192.927(b); 192.927(c)(1)(i); 192.929(b)(1); 192.929(b)(2); 

192.933(a); 192.933(d)(1); 192.933(d)(1)(i); 192.935(a); 

192.935(b)(1)(iv); 192.937(c)(1); 192.939(a)(1)(i); 192.939(a)(1)(ii); 

192.939(a)(3); 192.945(a). 

(6) ASME Boiler and Pressure Vessel Code, Section I, ‘‘Rules for 

Construction of Power Boilers’’ (2007 edition).

§ 192.153(b). 

(7) ASME Boiler and Pressure Vessel Code, Section VIII, Division 

1, ‘‘Rules for Construction of Pressure Vessels’’ (2007 edition).

§§ 192.153(a); 192.153(b); 192.153(d); 192.165(b)(3). 

(8) ASME Boiler and Pressure Vessel Code, Section VIII, Division 

2, ‘‘Rules for Construction of Pressure Vessels’’ (2007 edition).

§§ 192.153(b); 192.165(b)(3). 

(9) ASME Boiler and Pressure Vessel Code, Section IX, ‘‘Welding 

and Brazing Qualifications’’ (2007 edition).

§§ 192.227(a); Item II, Appendix B. 

E. Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS): 

(1) MSS SP–44–2006 ‘‘Steel Pipe Line Flanges’’ ............................. § 192.147(a). 

(2) [Reserved] ....................................................................................

F. National Fire Protection Association (NFPA): 

(1) NFPA 30 (2008), ‘‘Flammable and Combustible Liquids Code’’ § 192.735(b). 

(2) NFPA 58 (2004), ‘‘Liquefied Petroleum Gas Code (LP-Gas 

Code)’’.

§§ 192.11(a); 192.11(b); 192.11(c). 


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Source and name of referenced material 49 CFR reference 

(3) NFPA 59 (2004), ‘‘Utility LP-Gas Plant Code’’ ............................ §§ 192.11(a); 192.11(b); 192.11(c). 

(4) NFPA 70 (2008), ‘‘National Electrical Code’’ ............................... §§ 192.163(e); 192.189(c). 

G. Plastics Pipe Institute, Inc. (PPI): 

(1) PPI TR–3/2008 (2008), ‘‘Policies and Procedures for Developing.

Hydrostatic Design Basis (HDB), Pressure Design Basis (PDB), 

Strength Design Basis (SDB), and Minimum Required Strength 

(MRS) Ratings for Thermoplastic Piping Materials or Pipe’’.

§ 192.121. 

H. NACE International (NACE): 

(1) NACE Standard SP0502–2008, ‘‘Pipeline External Corrosion 

Direct Assessment Methodology’’.

§§ 192.923(b)(1); 

192.925(b) Introductory text; 

192.925(b)(1); 192.925(b)(1)(ii); 192.925(b)(2) Introductory text; 

192.925(b)(3) Introductory text; 

192.925(b)(3)(ii); 192.925(b)(iv); 192.925(b)(4) Introductory text; 

192.925(b)(4)(ii); 192.931(d); 

192.935(b)(1)(iv); 192.939(a)(2). 

I. Gas Technology Institute (GTI): 

(1) GRI 02/0057 (2002), ‘‘Internal Corrosion Direct Assessment of 

Gas Transmission Pipelines Methodology’’.

§ 192.927(c)(2). 

4. In § 192.11, revise paragraph (c) to 

read as follows: 

§ 192.11 Petroleum gas systems. 

* * * * * 

(c) If there is a conflict between this 

part and NFPA 58 or NFPA 59, this part 

prevails. 

5. Section 192.65 is revised to read as 

follows: 

§ 192.65 Transportation of pipe. 

(a) Railroad. In a pipeline to be 

operated at a hoop stress of 20 percent 

or more of SMYS, an operator may not 

use pipe having an outer diameter to 

wall thickness ratio of 70 to 1, or more, 

that is transported by railroad unless: 

(1) The transportation is performed in 

accordance with API RP 5L1 

(incorporated by reference, see § 192.3). 

(2) In the case of pipe transported 

before November 12, 1970, the pipe is 

tested in accordance with Subpart J of 

this part to at least 1.25 times the 

maximum allowable operating pressure 

if it is to be installed in a class 1 

location and to at least 1.5 times the 

maximum allowable operating pressure 

if it is to be installed in a class 2, 3, or 

4 location. Notwithstanding any shorter 

time period permitted under Subpart J 

of this part, the test pressure must be 

maintained for at least 8 hours. 

(b) Ship or barge. In a pipeline to be 

operated at a hoop stress of 20 percent 

or more of SMYS, an operator may not 

use pipe having an outer diameter to 

wall thickness ratio of 70 to 1, or more, 

that is transported by ship or barge on 

both inland and marine waterways 

unless the transportation is performed 

in accordance with API RP 5LW. 

§ 192.121 [Amended] 

6. In § 192.121, under ‘‘S=’’, remove 

the term ‘‘PPI TR–3/2004’’ and add, in 

its place, the term ‘‘PPI TR–3/2008’’. 

7. In § 192.145, revise the first 

sentence in paragraph (d) introductory 

text and paragraph (e) to read as follows: 

§ 192.145 Valves. 

* * * * * 

(d) No valve having shell (body, 

bonnet, cover, and/or end flange) 

components made of ductile iron may 

be used at pressures exceeding 80 

percent of the pressure ratings for 

comparable steel valves at their listed 

temperature. * * * 

* * * * * 

(e) No valve having shell (body, 

bonnet, cover, and/or end flange) 

components made of cast iron, 

malleable iron, or ductile iron may be 

used in the gas pipe components of 

compressor stations. 

8. In § 192.465, revise paragraph (e) to 

read as follows: 

§ 192.465 External corrosion control: 

Monitoring. 

* * * * * 

(e) After the initial evaluation 

required by §§ 192.455(b) and (c) and 

192.457(b), each operator must, not less 

than every 3 years at intervals not 

exceeding 39 months, reevaluate its 

unprotected pipelines and cathodically 

protect them in accordance with this 

subpart in areas in which active 

corrosion is found. The operator must 

determine the areas of active corrosion 

by electrical survey. However, on 

distribution lines and where an 

electrical survey is impractical on 

transmission lines, areas of active 

corrosion may be determined by other 

means that include review and analysis 

of leak repair and inspection records, 

corrosion monitoring records, exposed 

pipe inspection records, and the 

pipeline environment. 

9. In § 192.557, revise paragraph (c) to 

read as follows: 

§ 192.557 Uprating: Steel pipelines to a 

pressure that will produce a hoop stress 

less than 30 percent of SMYS: plastic, cast 

iron, and ductile iron pipelines. 

* * * * * 

(c) Notwithstanding the requirements 

of § 192.619(a)(2), and after complying 

with paragraph (b) of this section, the 

increase in maximum allowable 

operating pressure (MAOP) must be 

made in increments that are equal to 10 

psig (69 kPa) or 25 percent of the total 

pressure increase, whichever produces 

the fewer number of increments. 

Whenever the requirements of 

paragraph (b)(6) of this section apply, 

there must be at least two approximately 

equal incremental increases. 

* * * * * 

10. Section 192.711 is revised to read 

as follows: 

§ 192.711 Transmission lines: General 

requirements for repair procedures. 

(a) Temporary repairs. Each operator 

must take immediate temporary 

measures to protect the public 

whenever: 

(1) A leak, imperfection, or damage 

that impairs its serviceability is found in 

a segment of steel transmission line 

operating at or above 40 percent of the 

SMYS; and 

(2) It is not feasible to make a 

permanent repair at the time of 

discovery. 

(b) Permanent repairs. An operator 

must make permanent repairs on its 

pipeline system according to the 

following: 

(1) Non integrity management repairs: 

The operator must make permanent 

repairs as soon as feasible. 

(2) Integrity management repairs: 

When an operator discovers a condition 


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on a pipeline covered under Subpart O– 

Gas Transmission Pipeline Integrity 

Management, the operator must 

remediate the condition as prescribed 

by § 192.933(d). 

(c) Welded patch. Except as provided 

in § 192.717(b)(3), no operator may use 

a welded patch as a means of repair. 

§§ 192.923, 192.925, 192.931, 192.935, and 

192.939 [Amended] 

11. In 49 CFR part 192 remove the 

terms ‘‘NACE RP0502–2002’’ or ‘‘NACE 

RP 0502–2002’’and add, in their place, 

the terms ‘‘NACE SP0502–2008’’ in the 

following places: 

a. Section 192.923(b)(1); 

b. Section 192.925(b) Introductory 

text, (b)(1), (b)(1)(ii), (b)(2) Introductory 

text, (b)(3) Introductory text, (b)(3)(ii), 

(b)(iv), (b)(4) Introductory text, (b)(4)(ii); 

c. Section 192.931(d); 

d. Section 192.935(b)(1)(iv); and 

e. Section 192.939(a)(2). 

PART 193—LIQUEFIED NATURAL GAS 

FACILITIES: FEDERAL SAFETY 

STANDARDS 

12. The authority citation for part 193 

continues to read as follows: 

Authority: 49 U.S.C. 5103, 60102, 60103, 

60104, 60108, 60109, 60110, 60113, 60118; 

and 49 CFR 1.53. 

13. In § 193.2013, revise paragraph (c), 

to read as follows: 

§ 193.2013 Incorporation by reference. 

* * * * * 

(c) Documents incorporated by 

reference. 

Source and name of referenced material 49 CFR reference 

A. American Gas Association (AGA): 

(1) ‘‘Purging Principles and Practices’’ (3rd edition, 2001) ............... §§ 193.2513; 193.2517; 193.2615. 

B. American Petroleum Institute (API): 

(1) API 620 (2008), ‘‘Design and Construction of Large, Welded, 

Low-Pressure Storage Tanks’’ (11th edition, 2008).

§§ 193.2101(b); 193.2321(b). 

C. American Society of Civil Engineers (ASCE): 

(1) ASCE/SEI 7–05, ‘‘Minimum Design Loads for Buildings and 

Other Structures’’ (2005 edition).

§ 193.2067. 

D. ASME International (ASME): 

(1) ASME Boiler and Pressure Vessel Code, Section VIII, Division 

1, ‘‘Rules for Construction of Pressure Vessels’’ (2007 edition).

§§ 193.2321; 193.2321. 

E. Gas Technology Institute (GTI) formerly the Gas Research Institute 

(GRI): 

(1) GTI–04/0032, ‘‘LNGFIRE: A Thermal Radiation Model for LNG 

Fires’’.

§ 193.2057(a). 

(2) GTI–04/0049, ‘‘LNG Vapor Dispersion Prediction with the 

DEGADIS Dense Gas Dispersion Model’’ (April 2004).

§ 193.2059. 

(3) GRI–96/0396.5, ‘‘Evaluation of Mitigation Methods for Accidental LNG Releases, Volume 5: Using FEM3A for LNG Accident Consequence Analyses’’ (April 1997).§ 193.2059. 

F. National Fire Protection Association (NFPA): 

(1) NFPA 59A, ‘‘Standard for the Production, Storage, and Handling of Liquefied Natural Gas (LNG)’’ (2001 edition).§§ 193.2019; 193.2051; 193.2057; 193.2059; 193.2101(a); 193.2301; 

193.2303; 193.2401; 193.2521; 193.2639; 193.2801. 

(2) NFPA 59A, ‘‘Standard for the Production, Storage, and Handling of Liquefied Natural Gas (LNG)’’ (2006 edition).§§ 193.2101(b); 193.2321(b). 

14. In § 193.2057, revise paragraph (a) 

to read as follows: 

§ 193.2057 Thermal radiation protection. 

* * * * * 

(a) The thermal radiation distances 

must be calculated using Gas 

Technology Institute’s (GTI) report or 

computer model GTI–04/0032 

LNGFIRE3: A Thermal Radiation Model 

for LNG Fires (incorporated by 

reference, see § 193.2013). The use of 

other alternate models which take into 

account the same physical factors and 

have been validated by experimental 

test data may be permitted subject to the 

Administrator’s approval. 

* * * * * 

15. In § 193.2067, revise paragraph 

(b)(1) to read as follows: 

§ 193.2067 Wind forces. 

* * * * * 

(b) * * * 

(1) For shop fabricated containers of 

LNG or other hazardous fluids with a 

capacity of not more than 70,000 

gallons, applicable wind load data in 

ASCE/SEI 7–05 (incorporated by 

reference, see § 193.2013). 

* * * * * 

16. Section 193.2101 is revised to read 

as follows: 

§ 193.2101 Scope. 

(a) Each LNG facility designed after 

March 31, 2000 must comply with 

requirements of this part and of NFPA 

59A (2001) (incorporated by reference, 

see § 193.2013). If there is a conflict 

between this part and NFPA 59A, this 

part prevails. Unless otherwise 

specified, all references to NFPA 59A in 

this part are to the 2001 edition. 

(b) Stationary LNG storage tanks must 

comply with section 7.2.2 of NFPA 59A 

(2006) (incorporated by reference, see 

§ 193.2013) for seismic design of field 

fabricated tanks. All other LNG storage 

tanks must comply with API 620 (2008) 

(incorporated by reference, see 

§ 193.2013) for seismic design. 

17. Section 193.2321 is revised to read 

as follows: 

§ 193.2321 Nondestructive tests. 

(a) The butt welds in metal shells of 

storage tanks with internal design 

pressure above 15 psig must be nondestructively examined in accordance 

with the ASME Boiler and Pressure 

Vessel Code (Section VIII Division 1) 

(incorporated by reference, see 

§ 193.2013), except that 100 percent of 

welds that are both longitudinal (or 

meridional) and circumferential (or 

latitudinal) of hydraulic load bearing 

shells with curved surfaces that are 

subject to cryogenic temperatures must 

be non-destructively examined in 

accordance with the ASME Boiler and 

Pressure Vessel Code (Section VIII 

Division 1). 

(b) For storage tanks with internal 

design pressures at 15 psig or less, 


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ultrasonic examinations of welds on 

metal containers must comply with the 

following: 

(1) Section 7.3.1.2 of NFPA 59A 

(2006) (incorporated by reference, see 

§ 193.2013); 

(2) Appendices Q and C of API 620 

(2008) (incorporated by reference, see 

§ 193.2013); 

(c) Ultrasonic examination records 

must be retained for the life of the 

facility. If electronic records are kept, 

they must be retained in a manner so 

that they cannot be altered by any 

means; and 

(d) The ultrasonic equipment used in 

the examination of welds must be 

calibrated at a frequency no longer than 

eight hours. Such calibrations must 

verify the examination of welds against 

a calibration standard. If the ultrasonic 

equipment is found to be out of 

calibration, all previous weld 

inspections that are suspect must be 

reexamined. 

PART 195—TRANSPORTATION OF 

HAZARDOUS LIQUIDS BY PIPELINE 

18. The authority citation for part 195 

continues to read as follows: 

Authority: 49 U.S.C. 5103, 60102, 60104, 

60108, 60109, 60116, 60118 and 60137; and 

49 CFR 1.53. 

19. In § 195.3, revise paragraph (c) to 

read as follows: 

§ 195.3 Incorporation by reference. 

* * * * * 

(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. Pipeline Research Council International, Inc. (PRCI): 

(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.

§§ 195.452(h)(4)(i)(B); 195.452(h)(4)(iii)(D); 195.587. 

B. American Petroleum Institute (API): 

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

Pipe’’ (44th edition, 2007), Includes Errata and Addendum 

(2009).

§§ 195.106(b)(1)(i); 195.106(e). 

(2) API Recommended Practice 5L1, ‘‘Recommended Practice for 

Railroad Transportation of Line Pipe’’ (6th edition, 2002).

§ 195.207. 

(3) API Recommended Practice 5LW, ‘‘Recommended Practice for 

‘‘Transportation of Line Pipe on Barges and Marine Vessels’’ 

(2nd edition, 1996).

§ 195.207. 

(4) API Specification 6D/ISO 14313, ‘‘Pipeline Valves’’ (23rd edition 

and errata 1, 2, and 3,(2009).

§ 195.116(d). 

(5) ANSI/API 12F, Errata for ‘‘Specification for Shop Welded Tanks 

for Storage of Production Liquids’’ (12th edition, 2007).

§§ 195.132(b)(1); 195.205(b)(2); 195.264(b)(1); 195.264(e)(1); 

195.307(a); 195.565; 195.579(d). 

(6) ANSI/API 510, ‘‘Pressure Vessel Inspection Code: Maintenance 

Inspection, Rating, Repair, and Alteration’’ (9th edition, 2006).

§§ 195.205(b)(3); 195.432(c). 

(7) API 620, ‘‘Design and Construction of Large, Welded, LowPressure Storage Tanks’’ (11th edition, 2008, Addendum 1, 

2009).

§§ 195.132(b)(2); 195.205(b)(2); 195.264(b)(1); 195.264(e)(3); 

195.307(b). 

(8) API 650, ‘‘Welded Steel Tanks for Oil Storage’’ (11th edition, 

2007, Addendum, 2008).

§§ 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). 

(9) ANSI/API Recommended Practice 651, ‘‘Cathodic Protection of 

Aboveground Petroleum Storage Tanks’’ (3rd edition, January 

2007).

§§ 195.565; 195.579(d). 

(10) ANSI/API Recommended Practice 652, ‘‘Lining of Aboveground Petroleum Storage Tank Bottoms’’ (3rd edition, October 

2005).

§ 195.579(d). 

(11) API 653, ‘‘Tank Inspection, Repair, Alteration, and Reconstruction’’ (3rd edition Third Edition, Includes Addendum 1 

(2003), Addendum 2 (2005), Addendum 3 (2008), and Errata 

(2008), April 2008).

§§ 195.205(b)(1); 195.432(b). 

(12) API 1104, ‘‘Welding of Pipelines and Related Facilities’’ (20th 

edition, Errata/Addendum, (2007) and Errata 2 (2008)).

§§ 195.222; 195.228(b); 195.214(a). 

(13) API 1130, ‘‘Computational Pipeline Monitoring for Liquid Pipelines’’ (1st edition, 2007).§§ 195.134; 195.444. 

(14) API 2000, ‘‘Venting Atmospheric and Low-Pressure Storage 

Tanks’’ (5th edition, errata, Nov. 1999).

§§ 195.264(e)(2); 195.264(e)(3). 

(15) API Recommended Practice 2003, ‘‘Protection Against Ignitions Arising Out of Static, Lightning, and Stray Currents’’ (7th 

edition, 2008).

§ 195.405(a). 

(16) API 2026, ‘‘Safe Access/Egress Involving Floating Roofs of 

Storage Tanks in Petroleum Service’’ (2nd edition with reaf, 

2006).

§ 195.405(b). 

(17) API Recommended Practice 2350, ‘‘Overfill Protection for 

Storage Tanks In Petroleum Facilities’’’ (3rd edition, 2005).

§ 195.428(c). 

(18) API 2510, ‘‘Design and Construction of LPG Installations’’ (8th 

edition, 2001).

§§ 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). 

(19) API Recommended Practice 1162, ‘‘Public Awareness Programs for Pipeline Operators’’ (1st edition, December 2003).§§ 195.440(a); 195.440(b); 195.440(c). 

C. ASME International (ASME): 


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Source and name of referenced material 49 CFR reference 

(1) ANSI/ASME B16.9–2007 (December 2007), ‘‘Factory-Made 

Wrought Steel Butt Welding Fittings’’.

§ 195.118(a). 

(2) ANSI/ASME B31.4–2006) (October 2006), ‘‘Pipeline Transportation Systems for Liquid Hydrocarbons and Other Liquids’’.§ 195.452(h)(4)(i). 

(3) ANSI/ASME B31G–1991 (Reaffirmed; 2004), ‘‘Manual for Determining the Remaining Strength of Corroded Pipelines’’.§§ 195.452(h)(4)(i)(B); 195.452(h)(4)(iii)(D). 

(4) ANSI/ASME B31.8–2007 (November 2007), ‘‘Gas Transmission 

and Distribution Piping Systems’’.

§§ 195.5(a)(1)(i); 195.406(a)(1)(i). 

(5) ASME Boiler and Pressure Vessel Code, Section VIII, Division 

1, ‘‘Rules for Construction of Pressure Vessels,’’ (2007 edition, 

July 1, 2007).

§§ 195.124; 195.307(e). 

(6) ASME Boiler and Pressure Vessel Code, Section VIII, Division 

2, ‘‘Alternate Rules for Construction for Pressure Vessels’’ (2007 

edition, July 1, 2007).

§ 195.307(e). 

(7) ASME Boiler and Pressure Vessel Code, Section IX, ‘‘Welding 

and Brazing Qualifications,’’ (2007 edition, July 1, 2007).

§ 195.222. 

D. Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS): 

(1) MSS SP–75–2004, ‘‘Specification for High Test Wrought Butt 

Welding Fittings’’ (1993).

§ 195.118(a). 

(2) [Reserved].

E. American Society for Testing and Materials (ASTM): 

(1) ASTM A53/A53M–07 (2007), ‘‘Standard Specification for Pipe, 

Steel, Black and Hot-Dipped, Zinc-Coated Welded and Seamless’’.

§ 195.106(e). 

(2) ASTM A106/A106M–08 (2008), ‘‘Standard Specification for 

Seamless Carbon Steel Pipe for High-Temperature Service’’.

§ 195.106(e). 

(3) ASTM A333/A 333M–05 (2004), ‘‘Standard Specification for 

Seamless and Welded Steel Pipe for Low-Temperature Service’’.

§ 195.106(e). 

(4) ASTM A381–96 (Reapproved 2005), ‘‘Standard Specification 

for Metal-Arc-Welded Steel Pipe for Use With High-Pressure 

Transmission Systems’’.

§ 195.106(e). 

(5) ASTM A671–06 (2006), ‘‘Standard Specification for Electric-Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures’’.§ 195.106(e). 

(6) ASTM A672–08 (2008), ‘‘Standard Specification for Electric-Fusion-Welded Steel Pipe for High-Pressure Service at Moderate 

Temperatures’’.

§ 195.106(e). 

(7) ASTM A691–98 (2007), ‘‘Standard Specification for Carbon and 

Alloy Steel Pipe Electric-Fusion-Welded for High-Pressure Service at High Temperatures’’.

§ 195.106(e). 

F. National Fire Protection Association (NFPA): 

(1) NFPA 30 (2008), ‘‘Flammable and Combustible Liquids Code’’ § 195.264(b)(1). 

(2) [Reserved].

G. NACE International (NACE): 

(1) NACE Standard SP0169–2007, ‘‘Control of External Corrosion 

on Underground or Submerged Metallic Piping Systems’’.

§§ 195.571; 195.573. 

(2) NACE Standard SP0502–2008, ‘‘Pipeline External Corrosion 

Direct Assessment Methodology’’.

§ 195.588. 

20. In § 195.116, revise paragraph (d) 

to read as follows: 

§ 195.116 Valves. 

* * * * * 

(d) Each valve must be both 

hydrostatically shell tested and 

hydrostatically seat tested without 

leakage to at least the requirements set 

forth in section 11 of API Standard 6D 

(incorporated by reference, see § 195.3). 

* * * * * 

21. Add § 195.207 to subpart D to read 

as follows: 

§ 195.207 Transportation of pipe. 

(a) Railroad. In a pipeline operated at 

a hoop stress of 20 percent or more of 

SMYS, an operator may not use pipe 

having an outer diameter to wall 

thickness ratio of 70 to 1, or more, that 

is transported by railroad unless the 

transportation is performed in 

accordance with API RP 5L1 

(incorporated by reference, see § 195.3). 

(b) Ship or barge. In a pipeline 

operated at a hoop stress of 20 percent 

or more of SMYS, an operator may not 

use pipe having an outer diameter to 

wall thickness ratio of 70 to 1, or more, 

that is transported by ship or barge on 

both inland and marine waterways, 

unless the transportation is performed 

in accordance with API RP 5LW 

(incorporated by reference, see § 195.3). 

22. In § 195.307, revise paragraph (c) 

to read as follows: 

§ 195.307 Pressure testing aboveground 

breakout tanks. 

* * * * * 

(c) For aboveground breakout tanks 

built to API Standard 650 and first 

placed in service after October 2, 2000, 

testing must be in accordance with 

section 5.2 of API Standard 650 

(incorporated by reference, see § 195.3). 

* * * * * 

23. In § 195.401, paragraph (b) is 

revised to read as follows: 

§ 195.401 General requirements. 

* * * * * 

(b) An operator must make repairs on 

its pipeline system according to the 

following requirements: 


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(1) Non Integrity management repairs. 

Whenever an operator discovers any 

condition that could adversely affect the 

safe operation of its pipeline system, it 

must correct the condition within a 

reasonable time. However, if the 

condition is of such a nature that it 

presents an immediate hazard to 

persons or property, the operator may 

not operate the affected part of the 

system until it has corrected the unsafe 

condition. 

(2) Integrity management repairs. 

When an operator discovers a condition 

on a pipeline covered under § 195.452, 

the operator must correct the condition 

as prescribed in § 195.452 (h). 

* * * * * 

24. In § 195.432, paragraph (b) is 

revised to read as follows: 

§ 195.432 Inspection of in-service breakout 

tanks. 

* * * * * 

(b) Each operator must inspect the 

physical integrity of in-service 

atmospheric and low-pressure steel 

aboveground breakout tanks according 

to API Standard 653 (incorporated by 

reference, see § 195.3). However, if 

structural conditions prevent access to 

the tank bottom, the bottom integrity 

may be assessed according to a plan 

included in the operations and 

maintenance manual under 

§ 195.402(c)(3). 

* * * * * 

25. In § 195.452, paragraphs (h)(4)(i) 

introductory text is revised to read as 

follows: 

§ 195.452 Pipeline integrity management in 

high consequence areas. 

* * * * * 

(h) * * * 

(4) * * * 

(i) Immediate repair conditions. An 

operator’s evaluation and remediation 

schedule must provide for immediate 

repair conditions. To maintain safety, an 

operator must temporarily reduce 

operating pressure or shut down the 

pipeline until the operator completes 

the repair of these conditions. An 

operator must calculate the temporary 

reduction in operating pressure using 

the formula in section 451.6.2.2(b) of 

ANSI/ASME B31.4 (incorporated by 

reference, see § 195.3). An operator must 

treat the following conditions as 

immediate repair conditions: 

* * * * * 

26. Section 195.571 is revised to read 

as follows: 

§ 195.571 What criteria must I use to 

determine the adequacy of cathodic 

protection? 

Cathodic protection required by this 

subpart must comply with one or more 

of the applicable criteria and other 

considerations for cathodic protection 

contained in paragraphs 6.2 and 6.3 of 

NACE SP 0169 (incorporated by 

reference, see § 195.3). 

27. In § 195.573, paragraph (a)(2) is 

revised to read as follows: 

§ 195.573 What must I do to monitor 

external corrosion control? 

(a) * * * 

(2) Identify not more than 2 years after 

cathodic protection is installed, the 

circumstances in which a close-interval 

survey or comparable technology is 

practicable and necessary to accomplish 

the objectives of paragraph 10.1.1.3 of 

NACE SP 0169 (incorporated by 

reference, see § 195.3). 

* * * * * 

28. In § 195.588, paragraphs (b)(1), 

(b)(2) introductory text, (b)(2)(iii), (b)(3) 

introductory text, (b)(4) introductory 

text, (b)(4)(ii), (b)(4)(iv), (b)(5) 

introductory text, and (b)(5)(ii) are 

revised to read as follows: 

§ 195.588 What standards apply to direct 

assessment? 

* * * * * 

(b) * * * 

(1) General. You must follow the 

requirements of NACE SP0502 

(incorporated by reference, see § 195.3). 

Also, you must develop and implement 

an ECDA plan that includes procedures 

addressing pre-assessment, indirect 

examination, direct examination, and 

post-assessment. 

(2) Pre-assessment. In addition to the 

requirements in Section 3 of NACE 

SP0502, the ECDA plan procedures for 

pre-assessment must include— 

* * * * * 

(iii) If you utilize an indirect 

inspection method not described in 

Appendix A of NACE SP0502, you must 

demonstrate the applicability, 

validation basis, equipment used, 

application procedure, and utilization of 

data for the inspection method. 

(3) Indirect examination. In addition 

to the requirements in Section 4 of 

NACE SP0502, the procedures for 

indirect examination of the ECDA 

regions must include— 

* * * * * 

(4) Direct examination. In addition to 

the requirements in Section 5 of NACE 

SP0502, the procedures for direct 

examination of indications from the 

indirect examination must include— 

* * * * * 

(ii) Criteria for deciding what action 

should be taken if either: 

(A) Corrosion defects are discovered 

that exceed allowable limits (Section 

5.5.2.2 of NACE SP0502 provides 

guidance for criteria); or 

(B) Root cause analysis reveals 

conditions for which ECDA is not 

suitable (Section 5.6.2 of NACE SP0502 

provides guidance for criteria); 

* * * * * 

(iv) Criteria that describe how and on 

what basis you will reclassify and reprioritize any of the provisions specified 

in Section 5.9 of NACE SP0502. 

(5) Post assessment and continuing 

evaluation. In addition to the 

requirements in Section 6 of NACE 

SP 0502, the procedures for post 

assessment of the effectiveness of the 

ECDA process must include— 

* * * * * 

(ii) Criteria for evaluating whether 

conditions discovered by direct 

examination of indications in each 

ECDA region indicate a need for 

reassessment of the pipeline segment at 

an interval less than that specified in 

Sections 6.2 and 6.3 of NACE SP0502 

(see appendix D of NACE SP0502). 

29. In Appendix C to Part 195, 

paragraph (I)(A) introductory text is 

revised to read as follows: 

Appendix C to Part 195—Guidance for 

Implementation of an Integrity 

Management Program 

* * * * * 

I. * * * 

A. The rule defines a High Consequence 

Area as a high population area, an other 

populated area, an unusually sensitive 

area, or a commercially navigable waterway. 

The Office of Pipeline Safety (OPS) will map 

these areas on the National Pipeline Mapping 

System (NPMS). An operator, or government 

official may access the data from the NPMS 

home page http:// 

www.npms.phmsa.dot.gov/. OPS maintains 

the NPMS and may update it periodically. 

However, it is an operator’s responsibility to 

ensure that it has identified all high 

consequence areas that could be affected by 

a pipeline segment. An operator is also 

responsible for periodically evaluating its 

pipeline segments to look for population or 

environmental changes that may have 

occurred around the pipeline and to keep its 

program current with this information. (Refer 

to § 195.452(d)(3)). 

* * * * * 

Issued in Washington, DC, on July 16, 

2009. 

Jeffrey D. Wiese, 

Associate Administrator for Pipeline Safety. 

[FR Doc. E9–17307 Filed 7–21–09; 8:45 am] 

BILLING CODE 4910–60–P 


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