[Federal Register Volume 74, Number 139 (Wednesday, July 22, 2009)]
[Proposed Rules]
[Pages 36139-36151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17307]


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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).

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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:
    <bullet> 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.
    <bullet> Mail: Docket Management System: U.S. Department of 
Transportation, 1200 New Jersey Avenue, SE., West Building Ground 
Floor, Room W12-140, Washington, DC 20590-0001.
    <bullet> Hand Delivery or Courier: DOT Docket Management System: 
West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue, SE., 
between 9 a.m. and 5 p.m. ET, Monday through Friday, except Federal 
holidays.
    <bullet> Fax: 202-493-2251.
    Instructions: Identify the docket ID, PHMSA 2008-0301, 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 
<a href="/cdn-cgi/l/email-protection#422f2b29276c2b3130232c2b02262d366c252d34"><span class="__cf_email__" data-cfemail="aac7c3c1cf84c3d9d8cbc4c3eacec5de84cdc5dc">[email protected]</span></a>.
    Regulatory Information: Cheryl Whetsel by phone at (202) 366-4431 
or by e-mail at <a href="/cdn-cgi/l/email-protection#cfaca7aabdb6a3e1b8a7aabbbcaaa38faba0bbe1a8a0b9"><span class="__cf_email__" data-cfemail="e98a818c9b9085c79e818c9d9a8c85a98d869dc78e869f">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    The National Technology Transfer and Advancement Act of 1995 (Pub. 
L. 104-113; signed into law March 7, 1996)

[[Page 36140]]

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 Sec.  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 Sec.  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 
newly-incorporated standard would be referenced in Sec.  192.65 and a 
newly-created Sec.  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 Sec.  
195.207 similar to how it is incorporated by reference in Sec.  192.65. 
This would provide a standard for liquid operators for the 
transportation of certain API Specification 5L steel line pipe by 
railroad.

[[Page 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)

    <bullet> 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).
    <bullet> 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).
    <bullet> 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).
    <bullet> 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).
    <bullet> 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).
    <bullet>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).
    <bullet> 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).
    <bullet> 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).
    <bullet> 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).
    <bullet> 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).
    <bullet> 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).
    <bullet> 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.
    <bullet> 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).
    <bullet> 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).
    <bullet> 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).
    <bullet> 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)

    <bullet> 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)

    <bullet> 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).
    <bullet> 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).
    <bullet> 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).
    <bullet> ASTM A381-96 (Reapproved 2005), ``Standard Specification 
for Metal-Arc-Welded Steel Pipe for Use with High-Pressure Transmission 
Systems''
    Replaces IBR: 1996 edition, reapproved 2001;
    Referenced in 49 CFR 192.113; Item I, Appendix B to part 192; 
195.106(e).
    <bullet> ASTM A671-06 (2006), ``Standard Specification for 
Electric-Fusion-Welded 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).
    <bullet> ASTM A672-08 (2008), ``Standard Specification for 
Electric-Fusion-Welded 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).
    <bullet> ASTM A691-98 (2007), ``Standard Specification for Carbon 
and Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure 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)

    <bullet> 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;

[[Page 36142]]

    Referenced in 49 CFR 192.147(c).
    <bullet> ANSI/ASME B16.9-2007, ``Factory-Made Wrought Steel Butt 
Welding Fittings'' (December 2007)
    Replaces IBR: 2003 edition (February 2004);
    Referenced in 49 CFR 195.118(a).
    <bullet> 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).
    <bullet> 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).
    <bullet> 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).
    <bullet> 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).
    <bullet> 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).
    <bullet> 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)

    <bullet> 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)

    <bullet> 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)

    <bullet> 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.
    <bullet> 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)

    <bullet> NFPA 30 (2008), ``Flammable and Combustible Liquids Code''
    Replaces IBR: 2003 edition;
    Referenced in 49 CFR 192.735(b); 195.264(b)(1).
    <bullet> 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).
    <bullet> 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)

    <bullet> 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-by-section summary:

Part 192

Section 192.11
    PHMSA is proposing to revise paragraph (c) in Sec.  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
    <bullet> 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 Sec.  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)
    <bullet> Section 192.145 specifies the design and installation 
requirements for valves. GPTC petition 89-04 requests that OPS clarify 
the intent of Sec.  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.''

[[Page 36143]]

    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
    <bullet> Section 192.3 defines terms used throughout Part 192. 
PHMSA proposes to move the definitions, ``active corrosion'', 
``electrical survey'' and ``pipeline environment'' from Sec.  
192.465(e) to Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  192.619 is a requirement of section 
Sec.  192.553(d) for pipelines being uprated under Sec.  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 Sec.  
192.557(c) by including the location factor requirements in Sec.  
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 Sec.  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
    <bullet> 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
    <bullet> 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 Sec.  195.452 (pipelines that could affect an HCA) had to 
comply with the integrity management repair requirements in Sec.  
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 Sec.  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
    <bullet> 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.

[[Page 36144]]

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\
---------------------------------------------------------------------------

    \1\ PHMSA, 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.''
    \3\ PHMSA. Pipeline Safety Q&As.
---------------------------------------------------------------------------

    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

[[Page 36145]]

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 Sec.  192.3, add the following definitions for ``Active 
corrosion'', ``Electrical survey'', and ``Pipeline environment'' in 
appropriate alphabetical order as follows:


Sec.  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 Sec.  192.7, revise paragraph (c)(2) to read as follows:


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

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

------------------------------------------------------------------------
   Source and name of referenced
              material                         49 CFR reference
------------------------------------------------------------------------
A. Pipeline Research Council
 International (PRCI):
    (1) AGA Pipeline Research        Sec.  Sec.   192.933(a)(1);
     Committee, Project PR-3-805,     192.933(d)(1)(i); 192.485(c).
     ``A Modified Criterion for
     Evaluating the Remaining
     Strength of Corroded Pipe,''
     (December 22, 1989). The
     RSTRENG program may be used
     for calculating remaining
     strength.
B. American Petroleum Institute
 (API):
    (1) ANSI/API Specification 5L/   Sec.  Sec.   192.55(e); 192.113;
     ISO 3183, ``Specification for    Item I of Appendix B.
     Line Pipe'' (44th edition,
     2007), Includes Errata and
     Addendum (2009).
    (2) API Recommended Practice     Sec.   192.65(a).
     5L1, ``Recommended Practice
     for Railroad Transportation of
     Line Pipe'' (6th edition,
     2002).
    (3) API Recommended Practice     Sec.   192.65(b).
     5LW, ``Recommended Practice
     for ``Transportation of Line
     Pipe on Barges and Marine
     Vessels'' (2nd edition, 1996).
    (4) API Specification 6D/ISO     Sec.   192.145(a)
     14313, ``Pipeline Valves''
     (23rd edition and errata 1, 2
     and 3, (2009).

[[Page 36146]]

 
    (5) API Recommended Practice     Sec.  Sec.   192.8(a); 192.8(a)(1);
     80, ``Guidelines for the         192.8(a)(2); 192.8(a)(3);
     Definition of Onshore Gas        192.8(a)(4).192.8(a); 192.8(a)(1);
     Gathering Lines,'' (1st          192.8(a)(2); 192.8(a)(3);
     edition, April 2000).            192.8(a)(4).
    (6) API 1104, ``Welding of       Sec.  Sec.   192.225; 192.227(a);
     Pipelines and Related            192.229(c)(1);
     Facilities'' (20th edition,     192.241(c); Item II, Appendix B.
     Errata/Addendum, (2007) and
     Errata 2 (2008)).
    (7) API Recommended Practice     Sec.  Sec.   192.616(a);
     1162, ``Public Awareness         192.616(b); 192.616(c).
     Programs for Pipeline
     Operators'' (1st edition,
     December 2003).
C. American Society for Testing and
 Materials (ASTM):
    (1) ASTM A53/A53M-07, (2007),    Sec.  Sec.   192.113; Item I,
     ``Standard Specification for     Appendix B.
     Pipe, Steel, Black and Hot-
     Dipped, Zinc-Coated, Welded
     and Seamless.''.
    (2) ASTM A106/A106M-08, (2008),  Sec.  Sec.   192.113; Item I,
     ``Standard Specification for     Appendix B.
     Seamless Carbon Steel Pipe for
     High-Temperature Service''.
    (3) ASTM A333/A333M-05 (2005)    Sec.  Sec.   192.113; Item I,
     ``Standard Specification for     Appendix B.
     Seamless and Welded Steel Pipe
     for Low-Temperature Service''.
    (4) ASTM A372/A372M-03 (2008),   Sec.   192.177(b)(1).
     ``Standard Specification for
     Carbon and Alloy Steel
     Forgings for Thin-Walled
     Pressure Vessels''.
    (5) ASTM A381-96 (Reapproved     Sec.  Sec.   192.113; Item I,
     2005), ``Standard                Appendix B.
     Specification for Metal-Arc
     Welded Steel Pipe for Use With
     High-Pressure Transmission
     Systems''.
    (6) ASTM A671-06, (2006),        Sec.  Sec.   192.113; Item I,
     ``Standard Specification for     Appendix B.
     Electric-Fusion-Welded Steel
     Pipe for Atmospheric and Lower
     Temperatures''.
    (7) ASTM A672-08, (2008),        Sec.  Sec.   192.113; Item I,
     ``Standard Specification for     Appendix B.
     Electric-Fusion-Welded Steel
     Pipe for High-Pressure Service
     at Moderate Temperatures''.
    (8) ASTM A691-98 (Reapproved     Sec.  Sec.   192.113; Item I,
     2007), ``Standard                Appendix B.
     Specification for Carbon and
     Alloy Steel Pipe, Electric-
     Fusion-Welded for High-
     Pressure Service at High
     Temperatures''.
    (9) ASTM D638-03, ``Standard     Sec.  Sec.   192.283(a)(3);
     Test Method for Tensile          192.283(b)(1).
     Properties of Plastics''.
    (10) ASTM D2513-87, ``Standard   Sec.   192.63(a)(1).
     Specification for
     Thermoplastic Gas Pressure
     Pipe, Tubing, and Fittings''.
    (11) ASTM D2513-99, ``Standard   Sec.  Sec.   192.191(b);
     Specification for                192.281(b)(2); 192.283(a)(1)(i);
     Thermoplastic Gas Pressure       Item 1, Appendix B.
     Pipe, Tubing, and Fittings''.
    (12) ASTM D2517-00, ``Standard   Sec.  Sec.   192.191(a);
     Specification for Reinforced     192.281(d)(1); 192.283(a)(1)(ii);
     Epoxy Resin Gas Pressure Pipe    Item I,
     and Fittings''.                 Appendix B.
    (13) ASTM F1055-1998,            Sec.   192.283(a)(1)(iii).
     ``Standard Specification for
     Electrofusion type
     Polyethylene Fittings for
     Outside Diameter Controller
     Polyethylene Pipe and Tubing''.
D. ASME International (ASME):
    (1) ANSI/ASME B16.1-2005, Gray   Sec.   192.147(c).
     Iron Pipe Flanges and Flanged
     Fittings: Classes 25, 125, and
     250.
    (2) ANSI/ASME B16.5-2003,        Sec.  Sec.   192.147(a); 192.279.
     ``Pipe Flanges and Flanged
     Fittings 1998''.
    (3) ANSI/ASME B31G-1991          Sec.  Sec.   192.485(c);
     (Reaffirmed; 2004), ``Manual     192.933(a).
     for Determining the Remaining
     Strength of Corroded
     Pipelines''.
    (4) ANSI/ASME B31.8-2007,        Sec.   192.619(a)(1)(i).
     (November 2007), ``Gas
     Transmission and Distribution
     Piping Systems''.
    (5) ANSI/ASME B31.8S-2004,       Sec.  Sec.   192.903(c);
     ``Supplement to B31.8 on         192.907(b); 192.911, Introductory
     Managing System Integrity of     text; 192.911(i); 192.911(k);
     Gas Pipelines''.                 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     Sec.   192.153(b).
     Vessel Code, Section I,
     ``Rules for Construction of
     Power Boilers'' (2007 edition).
    (7) ASME Boiler and Pressure     Sec.  Sec.   192.153(a);
     Vessel Code, Section VIII,       192.153(b); 192.153(d);
     Division 1, ``Rules for          192.165(b)(3).
     Construction of Pressure
     Vessels'' (2007 edition).
    (8) ASME Boiler and Pressure     Sec.  Sec.   192.153(b);
     Vessel Code, Section VIII,       192.165(b)(3).
     Division 2, ``Rules for
     Construction of Pressure
     Vessels'' (2007 edition).
    (9) ASME Boiler and Pressure     Sec.  Sec.   192.227(a); Item II,
     Vessel Code, Section IX,         Appendix B.
     ``Welding and Brazing
     Qualifications'' (2007
     edition).
E. Manufacturers Standardization
 Society of the Valve and Fittings
 Industry, Inc. (MSS):
    (1) MSS SP-44-2006 ``Steel Pipe  Sec.   192.147(a).
     Line Flanges''.
    (2) [Reserved].................  ...................................
F. National Fire Protection
 Association (NFPA):
    (1) NFPA 30 (2008), ``Flammable  Sec.   192.735(b).
     and Combustible Liquids Code''.
    (2) NFPA 58 (2004), ``Liquefied  Sec.  Sec.   192.11(a); 192.11(b);
     Petroleum Gas Code (LP-Gas       192.11(c).
     Code)''.

[[Page 36147]]

 
    (3) NFPA 59 (2004), ``Utility    Sec.  Sec.   192.11(a); 192.11(b);
     LP-Gas Plant Code''.             192.11(c).
    (4) NFPA 70 (2008), ``National   Sec.  Sec.   192.163(e);
     Electrical Code''.               192.189(c).
G. Plastics Pipe Institute, Inc.
 (PPI):
    (1) PPI TR-3/2008 (2008),        Sec.   192.121.
     ``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''.
H. NACE International (NACE):
    (1) NACE Standard SP0502-2008,   Sec.  Sec.   192.923(b)(1);
     ``Pipeline External Corrosion   192.925(b) Introductory text;
     Direct Assessment               192.925(b)(1); 192.925(b)(1)(ii);
     Methodology''.                   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),          Sec.   192.927(c)(2).
     ``Internal Corrosion Direct
     Assessment of Gas Transmission
     Pipelines Methodology''.
------------------------------------------------------------------------

    4. In Sec.  192.11, revise paragraph (c) to read as follows:


Sec.  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:


Sec.  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 Sec.  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.


Sec.  192.121  [Amended]

    6. In Sec.  192.121, under ``S='', remove the term ``PPI TR-3/
2004'' and add, in its place, the term ``PPI TR-3/2008''.
    7. In Sec.  192.145, revise the first sentence in paragraph (d) 
introductory text and paragraph (e) to read as follows:


Sec.  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 Sec.  192.465, revise paragraph (e) to read as follows:


Sec.  192.465  External corrosion control: Monitoring.

* * * * *
    (e) After the initial evaluation required by Sec. Sec.  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 Sec.  192.557, revise paragraph (c) to read as follows:


Sec.  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 Sec.  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:


Sec.  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

[[Page 36148]]

on a pipeline covered under Subpart O-Gas Transmission Pipeline 
Integrity Management, the operator must remediate the condition as 
prescribed by Sec.  192.933(d).
    (c) Welded patch. Except as provided in Sec.  192.717(b)(3), no 
operator may use a welded patch as a means of repair.


Sec. Sec.  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 Sec.  193.2013, revise paragraph (c), to read as follows:


Sec.  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     Sec.  Sec.   193.2513; 193.2517;
     Practices'' (3rd edition,        193.2615.
     2001).
B. American Petroleum Institute
 (API):
    (1) API 620 (2008), ``Design     Sec.  Sec.   193.2101(b);
     and Construction of Large,       193.2321(b).
     Welded, Low-Pressure Storage
     Tanks'' (11th edition, 2008).
C. American Society of Civil
 Engineers (ASCE):
    (1) ASCE/SEI 7-05, ``Minimum     Sec.   193.2067.
     Design Loads for Buildings and
     Other Structures'' (2005
     edition).
D. ASME International (ASME):
    (1) ASME Boiler and Pressure     Sec.  Sec.   193.2321; 193.2321.
     Vessel Code, Section VIII,
     Division 1, ``Rules for
     Construction of Pressure
     Vessels'' (2007 edition).
E. Gas Technology Institute (GTI)
 formerly the Gas Research
 Institute (GRI):
    (1) GTI-04/0032, ``LNGFIRE: A    Sec.   193.2057(a).
     Thermal Radiation Model for
     LNG Fires''.
    (2) GTI-04/0049, ``LNG Vapor     Sec.   193.2059.
     Dispersion Prediction with the
     DEGADIS Dense Gas Dispersion
     Model'' (April 2004).
    (3) GRI-96/0396.5, ``Evaluation  Sec.   193.2059.
     of Mitigation Methods for
     Accidental LNG Releases,
     Volume 5: Using FEM3A for LNG
     Accident Consequence
     Analyses'' (April 1997).
F. National Fire Protection
 Association (NFPA):
    (1) NFPA 59A, ``Standard for     Sec.  Sec.   193.2019; 193.2051;
     the Production, Storage, and     193.2057; 193.2059; 193.2101(a);
     Handling of Liquefied Natural    193.2301; 193.2303; 193.2401;
     Gas (LNG)'' (2001 edition).      193.2521; 193.2639; 193.2801.
    (2) NFPA 59A, ``Standard for     Sec.  Sec.   193.2101(b);
     the Production, Storage, and     193.2321(b).
     Handling of Liquefied Natural
     Gas (LNG)'' (2006 edition).
------------------------------------------------------------------------

    14. In Sec.  193.2057, revise paragraph (a) to read as follows:


Sec.  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 Sec.  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 Sec.  193.2067, revise paragraph (b)(1) to read as follows:


Sec.  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 Sec.  193.2013).
* * * * *
    16. Section 193.2101 is revised to read as follows:


Sec.  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 Sec.  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 Sec.  193.2013) for 
seismic design of field fabricated tanks. All other LNG storage tanks 
must comply with API 620 (2008) (incorporated by reference, see Sec.  
193.2013) for seismic design.
    17. Section 193.2321 is revised to read as follows:


Sec.  193.2321  Nondestructive tests.

    (a) The butt welds in metal shells of storage tanks with internal 
design pressure above 15 psig must be non-destructively examined in 
accordance with the ASME Boiler and Pressure Vessel Code (Section VIII 
Division 1) (incorporated by reference, see Sec.  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,

[[Page 36149]]

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 Sec.  193.2013);
    (2) Appendices Q and C of API 620 (2008) (incorporated by 
reference, see Sec.  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 Sec.  195.3, revise paragraph (c) to read as follows:


Sec.  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        Sec.  Sec.   195.452(h)(4)(i)(B);
     Committee, Project PR-3-805,     195.452(h)(4)(iii)(D); 195.587.
     ``A Modified Criterion for
     Evaluating the Remaining
     Strength of Corroded Pipe,''
     (December 22, 1989). The
     RSTRENG program may be used
     for calculating remaining
     strength.
B. American Petroleum Institute
 (API):
    (1) ANSI/API Specification 5L/   Sec.  Sec.   195.106(b)(1)(i);
     ISO 3183, ``Specification for    195.106(e).
     Line Pipe'' (44th edition,
     2007), Includes Errata and
     Addendum (2009).
    (2) API Recommended Practice     Sec.   195.207.
     5L1, ``Recommended Practice
     for Railroad Transportation of
     Line Pipe'' (6th edition,
     2002).
    (3) API Recommended Practice     Sec.   195.207.
     5LW, ``Recommended Practice
     for ``Transportation of Line
     Pipe on Barges and Marine
     Vessels'' (2nd edition, 1996).
    (4) API Specification 6D/ISO     Sec.   195.116(d).
     14313, ``Pipeline Valves''
     (23rd edition and errata 1, 2,
     and 3,(2009).
    (5) ANSI/API 12F, Errata for     Sec.  Sec.   195.132(b)(1);
     ``Specification for Shop         195.205(b)(2); 195.264(b)(1);
     Welded Tanks for Storage of      195.264(e)(1); 195.307(a);
     Production Liquids'' (12th       195.565; 195.579(d).
     edition, 2007).
    (6) ANSI/API 510, ``Pressure     Sec.  Sec.   195.205(b)(3);
     Vessel Inspection Code:          195.432(c).
     Maintenance Inspection,
     Rating, Repair, and
     Alteration'' (9th edition,
     2006).
    (7) API 620, ``Design and        Sec.  Sec.   195.132(b)(2);
     Construction of Large, Welded,   195.205(b)(2); 195.264(b)(1);
     Low-Pressure Storage Tanks''     195.264(e)(3); 195.307(b).
     (11th edition, 2008, Addendum
     1, 2009).
    (8) API 650, ``Welded Steel      Sec.  Sec.   195.132(b)(3);
     Tanks for Oil Storage'' (11th    195.205(b)(1); 195.264(b)(1);
     edition, 2007, Addendum, 2008).  195.264(e)(2); 195.307(c);
                                      195.307(d); 195.565; 195.579(d).
    (9) ANSI/API Recommended         Sec.  Sec.   195.565; 195.579(d).
     Practice 651, ``Cathodic
     Protection of Aboveground
     Petroleum Storage Tanks'' (3rd
     edition, January 2007).
    (10) ANSI/API Recommended        Sec.   195.579(d).
     Practice 652, ``Lining of
     Aboveground Petroleum Storage
     Tank Bottoms'' (3rd edition,
     October 2005).
    (11) API 653, ``Tank             Sec.  Sec.   195.205(b)(1);
     Inspection, Repair,              195.432(b).
     Alteration, and
     Reconstruction'' (3rd edition
     Third Edition, Includes
     Addendum 1 (2003), Addendum 2
     (2005), Addendum 3 (2008), and
     Errata (2008), April 2008).
    (12) API 1104, ``Welding of      Sec.  Sec.   195.222; 195.228(b);
     Pipelines and Related            195.214(a).
     Facilities'' (20th edition,
     Errata/Addendum, (2007) and
     Errata 2 (2008)).
    (13) API 1130, ``Computational   Sec.  Sec.   195.134; 195.444.
     Pipeline Monitoring for Liquid
     Pipelines'' (1st edition,
     2007).
    (14) API 2000, ``Venting         Sec.  Sec.   195.264(e)(2);
     Atmospheric and Low-Pressure     195.264(e)(3).
     Storage Tanks'' (5th edition,
     errata, Nov. 1999).
    (15) API Recommended Practice    Sec.   195.405(a).
     2003, ``Protection Against
     Ignitions Arising Out of
     Static, Lightning, and Stray
     Currents'' (7th edition, 2008).
    (16) API 2026, ``Safe Access/    Sec.   195.405(b).
     Egress Involving Floating
     Roofs of Storage Tanks in
     Petroleum Service'' (2nd
     edition with reaf, 2006).
    (17) API Recommended Practice    Sec.   195.428(c).
     2350, ``Overfill Protection
     for Storage Tanks In Petroleum
     Facilities''' (3rd edition,
     2005).
    (18) API 2510, ``Design and      Sec.  Sec.   195.132(b)(3);
     Construction of LPG              195.205(b)(3); 195.264(b)(2);
     Installations'' (8th edition,    195.264(e)(4);
     2001).                           195.307(e);195.428(c); 195.432(c).
    (19) API Recommended Practice    Sec.  Sec.   195.440(a);
     1162, ``Public Awareness         195.440(b); 195.440(c).
     Programs for Pipeline
     Operators'' (1st edition,
     December 2003).
C. ASME International (ASME):

[[Page 36150]]

 
    (1) ANSI/ASME B16.9-2007         Sec.   195.118(a).
     (December 2007), ``Factory-
     Made Wrought Steel Butt
     Welding Fittings''.
    (2) ANSI/ASME B31.4-2006)        Sec.   195.452(h)(4)(i).
     (October 2006), ``Pipeline
     Transportation Systems for
     Liquid Hydrocarbons and Other
     Liquids''.
    (3) ANSI/ASME B31G-1991          Sec.  Sec.   195.452(h)(4)(i)(B);
     (Reaffirmed; 2004), ``Manual     195.452(h)(4)(iii)(D).
     for Determining the Remaining
     Strength of Corroded
     Pipelines''.
    (4) ANSI/ASME B31.8-2007         Sec.  Sec.   195.5(a)(1)(i);
     (November 2007), ``Gas           195.406(a)(1)(i).
     Transmission and Distribution
     Piping Systems''.
    (5) ASME Boiler and Pressure     Sec.  Sec.   195.124; 195.307(e).
     Vessel Code, Section VIII,
     Division 1, ``Rules for
     Construction of Pressure
     Vessels,'' (2007 edition, July
     1, 2007).
    (6) ASME Boiler and Pressure     Sec.   195.307(e).
     Vessel Code, Section VIII,
     Division 2, ``Alternate Rules
     for Construction for Pressure
     Vessels'' (2007 edition, July
     1, 2007).
    (7) ASME Boiler and Pressure     Sec.   195.222.
     Vessel Code, Section IX,
     ``Welding and Brazing
     Qualifications,'' (2007
     edition, July 1, 2007).
D. Manufacturers Standardization
 Society of the Valve and Fittings
 Industry, Inc. (MSS):
    (1) MSS SP-75-2004,              Sec.   195.118(a).
     ``Specification for High Test
     Wrought Butt Welding
     Fittings'' (1993).
    (2) [Reserved].................
E. American Society for Testing and
 Materials (ASTM):
    (1) ASTM A53/A53M-07 (2007),     Sec.   195.106(e).
     ``Standard Specification for
     Pipe, Steel, Black and Hot-
     Dipped, Zinc-Coated Welded and
     Seamless''.
    (2) ASTM A106/A106M-08 (2008),   Sec.   195.106(e).
     ``Standard Specification for
     Seamless Carbon Steel Pipe for
     High-Temperature Service''.
    (3) ASTM A333/A 333M-05 (2004),  Sec.   195.106(e).
     ``Standard Specification for
     Seamless and Welded Steel Pipe
     for Low-Temperature Service''.
    (4) ASTM A381-96 (Reapproved     Sec.   195.106(e).
     2005), ``Standard
     Specification for Metal-Arc-
     Welded Steel Pipe for Use With
     High-Pressure Transmission
     Systems''.
    (5) ASTM A671-06 (2006),         Sec.   195.106(e).
     ``Standard Specification for
     Electric-Fusion-Welded Steel
     Pipe for Atmospheric and Lower
     Temperatures''.
     (6) ASTM A672-08 (2008),        Sec.   195.106(e).
     ``Standard Specification for
     Electric-Fusion-Welded Steel
     Pipe for High-Pressure Service
     at Moderate Temperatures''.
    (7) ASTM A691-98 (2007),         Sec.   195.106(e).
     ``Standard Specification for
     Carbon and Alloy Steel Pipe
     Electric-Fusion-Welded for
     High-Pressure Service at High
     Temperatures''.
F. National Fire Protection
 Association (NFPA):
    (1) NFPA 30 (2008), ``Flammable  Sec.   195.264(b)(1).
     and Combustible Liquids Code''.
    (2) [Reserved].................
G. NACE International (NACE):
    (1) NACE Standard SP0169-2007,   Sec.  Sec.   195.571; 195.573.
     ``Control of External
     Corrosion on Underground or
     Submerged Metallic Piping
     Systems''.
    (2) NACE Standard SP0502-2008,   Sec.   195.588.
     ``Pipeline External Corrosion
     Direct Assessment
     Methodology''.
------------------------------------------------------------------------

     20. In Sec.  195.116, revise paragraph (d) to read as follows:


Sec.  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 Sec.  195.3).
* * * * *
    21. Add Sec.  195.207 to subpart D to read as follows:


Sec.  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 Sec.  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 Sec.  195.3).
    22. In Sec.  195.307, revise paragraph (c) to read as follows:


Sec.  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 Sec.  195.3).
* * * * *
    23. In Sec.  195.401, paragraph (b) is revised to read as follows:


Sec.  195.401  General requirements.

* * * * *
    (b) An operator must make repairs on its pipeline system according 
to the following requirements:

[[Page 36151]]

    (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 Sec.  195.452, the operator must 
correct the condition as prescribed in Sec.  195.452 (h).
* * * * *
    24. In Sec.  195.432, paragraph (b) is revised to read as follows:


Sec.  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 Sec.  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 Sec.  195.402(c)(3).
* * * * *
    25. In Sec.  195.452, paragraphs (h)(4)(i) introductory text is 
revised to read as follows:


Sec.  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 Sec.  195.3). An operator 
must treat the following conditions as immediate repair conditions:
* * * * *
    26. Section 195.571 is revised to read as follows:


Sec.  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 Sec.  195.3).
    27. In Sec.  195.573, paragraph (a)(2) is revised to read as 
follows:


Sec.  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 Sec.  195.3).
* * * * *
    28. In Sec.  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:


Sec.  195.588  What standards apply to direct assessment?

* * * * *
    (b) * * *
    (1) General. You must follow the requirements of NACE SP0502 
(incorporated by reference, see Sec.  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 re-prioritize 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 Sec.  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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