
[Federal Register: August 11, 2010 (Volume 75, Number 154)]
[Rules and Regulations]               
[Page 48593-48608]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au10-14]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 192, 193, and 195

[Docket No. PHMSA-2008-0301; Amdt. Nos. 192-114; 193-22; 195-94)
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: Final rule.

-----------------------------------------------------------------------

[[Page 48594]]

SUMMARY: PHMSA is amending the Federal pipeline safety regulations to 
incorporate by reference all or parts of 40 new editions of voluntary 
consensus technical standards. This action allows pipeline operators to 
use current technologies, improved materials, and updated industry and 
management practices. Additionally, PHMSA is clarifying certain 
regulatory provisions and making several editorial corrections. These 
amendments do not require pipeline operators to take on any significant 
new pipeline safety initiatives.

DATES: The effective date of this final rule is October 1, 2010.
    Incorporation by reference. The incorporation by reference of the 
publications listed in these amendments has been approved by the 
Director of the Federal Register as of October 1, 2010.

FOR FURTHER INFORMATION CONTACT: 
    For technical information: Mike Israni by phone at (202) 366-4571, 
or by e-mail at mike.israni@dot.gov.
    For 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) directs Federal agencies to use technical standards and 
design specifications developed by voluntary consensus standard bodies 
instead of government-developed technical standards, when practicable. 
The Office of Management and Budget (OMB) Circular A-119: ``Federal 
Participation in the Development and Use of Voluntary Consensus 
Standards,'' sets the policies on Federal use of voluntary consensus 
standards. As defined in OMB Circular A-119, voluntary consensus 
standards are technical standards developed or adopted by 
organizations, both domestic and international. These organizations use 
agreed upon procedures to update and revise their published standards 
every three to five years to reflect modern technology and best 
technical practices.
    PHMSA's Office of Pipeline Safety employees participate in more 
than 25 national voluntary consensus standards committees. PHMSA 
reviews, and may adopt, standards that are applicable to pipeline 
design, construction, maintenance, inspection, and repair. Prior to 
adopting any standard, PHMSA reviews each new edition to determine 
whether it should be incorporated in whole or in part into the pipeline 
safety regulations. When PHMSA believes some aspect of a standard does 
not meet this directive, it will not incorporate the new edition. PHMSA 
has the ultimate responsibility to ensure the best interests of public 
safety are served. There are more than 60 standards and specifications 
incorporated by reference in 49 CFR part 192, Transportation of Natural 
and Other Gas by Pipeline: Minimum Federal Safety Standards; 49 CFR 
part 193, Liquefied Natural Gas Facilities: Federal Safety Standards; 
and 49 CFR part 195, Transportation of Hazardous Liquids by Pipeline.
    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), February 1, 2007, (72 FR 4657), and April 14, 
2009, (74 FR 17099).

II. Notice of Proposed Rulemaking

    On July 22, 2009, PHMSA published a Notice of Proposed Rulemaking 
(NPRM) to incorporate by reference new, updated, or reaffirmed editions 
of voluntary consensus standards into the Federal pipeline safety 
regulations. PHMSA proposed to incorporate by reference all or parts of 
40 technical standards and make editorial corrections to certain 
regulations. PHMSA did not propose to incorporate four new editions of 
ASTM International (ASTM) standards (ASTM D638, D2513, D2517, and 
F1055). Therefore, the gas pipeline safety regulations continue to 
reference standards found in ASTM D638 (2003 edition), ASTM D 2513 
(1987 edition), ASTM D2513 (1999 edition), ASTM 2517 (2000 edition) and 
ASTM F1055 (1998 edition). In addition, PHMSA did not propose to 
incorporate the 2008 editions of the National Fire Protection 
Association (NFPA) NFPA 58: ``Liquefied Petroleum Gas Code'' (LP-Gas 
Code) and NFPA 59: ``Utility Liquefied Petroleum Gas Plant Code 
(Utility LP-Gas Plant Code). Therefore, PHMSA will continue to 
reference the 2004 editions of NFPA 58 and 59 in part 192 of the 
Federal pipeline safety regulations.

III. Summary of Comments

    PHMSA received a total of 19 comments in response to the NPRM. 
Several comments were from trade and standards associations including: 
The American Gas Association (AGA); the Interstate Natural Gas 
Association of America (INGAA); the National Propane Gas Association 
(NPGA); the American Petroleum Institute (API); the Oklahoma 
Independent Petroleum Association (OIPA); the Southern California Gas 
Association (SCGA); the National Fire Protection Association (NFPA) and 
the Gas Piping Technology Committee (GPTC). One state agency, the Iowa 
Utilities Board, filed a comment as well as the National Association of 
Pipeline Safety Representatives (NAPSR), an organization of state 
agency pipeline safety managers responsible for the administration of 
their state's pipeline safety programs. Five operators, Southern 
California Gas Company and San Diego Gas & Electric, Baltimore Gas and 
Electric Company, CenterPoint Energy Resources Corporation, and 
Distrigas of Massachusetts LLC submitted comments. Three private 
citizens also submitted comments.
    PHMSA also met with representatives from NFPA during the comment 
period. A summary of this September 8, 2009, meeting is available in 
the docket (PHMSA-2008-0301).
    The majority of the comments received were in opposition to a 
proposed change to Sec.  192.11(c) altering the primacy of the NFPA 58 
and 59 standards over part 192. The comments are summarized and 
discussed under each issue area below:

Comment Topic 1: Primacy of Part 192 over NFPA 58 and 59

    Under the current version of Sec.  192.11(c), if a conflict arises 
between NFPA 58 and 59 and part 192, NFPA 58 and 59 would prevail. 
However, since this primacy was established in 1996, some operators 
have been misinterpreting the meaning of ``conflict.'' Operators are 
complying with the NFPA standards when the requirements of these NFPA 
standards and part 192 are in direct conflict; however, the 
misinterpretation arises when NFPA is silent or nonspecific on a 
subject covered in part 192. In these situations, some operators have 
misinterpreted Sec.  192.11(c) to mean they do not need to comply with 
these additional requirements listed in part 192.
    The NPRM had proposed to reverse this primacy so that part 192 
would prevail if the two conflict. In the NPRM, PHMSA explained that 
NFPA 58 was originally developed as a design and installation code and, 
as such, did not cover ongoing corrosion control issues or operations 
and maintenance (O&M) activities. Recently, NFPA 58 adopted several O&M 
requirements; however, they are significantly less stringent than the 
requirements found in part 192. PHMSA believes that NFPA 58 currently 
fails to sufficiently address damage prevention, odorization, 
distribution valve maintenance, leak surveys, emergency plans, failure 
investigation, and public awareness. Because NFPA 58 and 59 currently

[[Page 48595]]

prevail, when there is a conflict in one of these areas with part 192, 
operators would be allowed to comply with a less stringent requirement. 
Additionally, propane gas does not safely dissipate when it leaks and 
as a result can represent a greater potential hazard to the public than 
natural gas. Therefore, it would be inappropriate to impose weaker 
standards on propane distribution facilities than on natural gas 
distribution facilities. Without a change to Sec.  192.11(c), PHMSA 
believes that the NFPA's O&M requirements would actually decrease 
safety in areas where they conflict with part 192 requirements.
    Nine commenters objected to this proposed change. Commenters 
requested an explanation of the misinterpretations referred to in the 
NPRM and suggested that the proposed change is substantive and 
therefore inappropriate for this type of rulemaking. Commenters 
maintained that petroleum gas systems are often installed by plumbers 
who may not be aware of part 192 requirements but are familiar with 
NFPA 58.
    Commenters also stated that the NFPA 58 and NFPA 59 consensus 
standards were developed by industry, manufacturers, listing agencies, 
state and Federal regulators, and insurance professionals and that 
these standards are specific to the installation and utilization of 
liquefied petroleum gas (LPG). Commenters stated there are extensive 
differences between propane-air plants and pipeline transportation 
facilities and the physical properties of LPG are not compatible with 
the current regulations for natural gas systems.
    One commenter supported the change noting that the O&M requirements 
are clearer in part 192 than NFPA 58 and, therefore, the primacy of 
part 192 over NFPA 58 and 59 would be beneficial.
    According to the NFPA, the proposed change would create conflicts 
between NFPA 58 or 59 and part 192. The proposed change would affect 
inspection of pressure vessel relief valves, process piping design 
standards, welding standards and the use of threaded connections, 
polyethylene (PE) pipe in LPG systems above 30 psig, gray cast iron, 
and regulator configuration for smaller LPG systems. NFPA recommended 
that the reference to NFPA 58 and NFPA 59 in Sec.  192.11 be revised to 
clarify that these NFPA standards are applicable to propane storage 
systems only and not to underground gas distribution systems. NFPA also 
recommended that Sec.  192.11 specify which operating requirements of 
part 192 are applicable to propane storage systems, including 
operations, maintenance, qualification of pipeline personnel, and 
public awareness planning. NFPA suggested that the conflicts between 
its NFPA 58 and 59 standards and part 192 can be resolved through the 
NFPA standards updating process.
    NPGA asserted that NFPA is better suited than PHMSA to develop 
petroleum gas regulations.
    PHMSA response: Petroleum gas transportation requirements need to 
achieve the same level of safety as natural gas transportation 
requirements. PHMSA continues to have concerns regarding the level of 
safety required in NFPA 58 and 59 standards in certain subject areas. 
The newer editions of NFPA 58 have expanded the scope of covered 
facilities and have more conflicting requirements than the currently 
incorporated editions. PHMSA believes that the NFPA 58 and 59 
committees should analyze the following topics in consideration of 
public safety: Internal valves on tank penetrations transporting 
propane, relief valves, equipment separation and location distances, 
facility cathodic protection, and requirements for ``retroactive'' 
application of the standards.
    PHMSA will address the subject of NFPA 58 and 59 primacy under a 
separate rulemaking. In the interim, compliance with part 192 
requirements has not changed. When a requirement exists in part 192 
that does not exist in NFPA 58 or 59, operators are required to comply 
with it. A conflict only exists when an operator cannot comply with a 
requirement in NFPA 58 and 59 because it conflicts with a requirement 
in part 192. When a conflict exists, NFPA 58 or 59 continue to prevail.

Comment Topic 2: GPTC petition to amend Sec.  192.557(c).

    PHMSA proposed to amend Sec.  192.557(c) in response to a petition 
by the GPTC to clarify that a previous pressure test would allow for a 
pipeline to operate at the higher maximum allowable operating pressure 
(MAOP). Several commenters stated that this explanation misstated the 
purpose of the change. Many commenters objected that this is a 
substantive change and therefore inappropriate for this type of 
rulemaking.
    The Iowa Utilities Board (IUB) and the NAPSR stated that the 
amendment will not accomplish the purpose of the GPTC petition. The 
proposed change occurs in a section of the code that addresses pressure 
increments (Sec.  192.557(c)). The requirements of Sec.  192.553(d) 
(``Limitation on increase in maximum allowable operating pressure''), 
would not be counteracted. To accomplish the purpose of the GPTC 
petition, additional code sections would need to be amended.
    Sempra Energy and GPTC stated that they support the proposed change 
to Sec.  192.557(c) but the language of the NPRM misstates the GPTC 
intent which is to clarify that a pressure test is not required to 
validate the new MAOP.
    PHMSA response: PHMSA has removed the proposed change to Sec.  
192.557(c) from the final rule. PHMSA agrees that the proposed change 
may cause confusion with the requirements of Sec.  192.553(d) which 
were amended after the GPTC petition was submitted. PHMSA may consider 
a revised GPTC petition in a separate rulemaking action.

Comment Topic 3: NFPA 58 and NFPA 59

    Three commenters expressed concern regarding the proposal to not 
adopt the 2008 edition of NFPA 58. These commenters surmised that 
PHMSA's decision to not adopt the 2008 edition stemmed from concerns 
with Section 14.4 Small LP-Gas Systems and recommended that PHMSA adopt 
the 2008 edition of NFPA 58 excluding Section 14.4.
    There were also objections to PHMSA's proposal to not adopt the 
latest edition of NFPA 59. These commenters believe the 2008 edition is 
superior to the 2004 edition. They stated that the 2008 edition 
included reorganization of the document to conform to the NFPA Manual 
of Style. This edition eliminated confusing language, reorganized the 
standard to logically group requirements, and expanded use of excerpts 
from NFPA 58 instead of referencing NFPA 58. The commenters stated that 
many stakeholders have worked extensively to develop the 2008 edition 
of the NFPA 59 consensus standard. They noted that the AGA Supplemental 
Gas Committee task force performed a great deal of work to review the 
NFPA standard and that NFPA ultimately adopted 62 of the 72 proposals 
the AGA task force submitted to the technical committee. The commenters 
asserted that safety measures are not decreased in the areas of damage 
prevention, odorization, distribution valve maintenance, operation and 
maintenance, and emergency and public awareness planning by moving from 
the 2004 edition to the 2008 edition.
    NFPA encouraged PHMSA to work with the NFPA 59 committee in a 
manner similar to its work with the NFPA 58 committee to address 
relevant issues through the normal course of scheduled revisions or, 
for unforeseen

[[Page 48596]]

issues, through the Tentative Interim Amendment process.
    PHMSA response: PHMSA appreciates the work of the NFPA 58 and 59 
committees and their responsiveness to PHMSA's concerns. However, PHMSA 
is not changing the editions currently incorporated by reference (2004 
editions of NFPA 58 and 59). The 2008 edition of NFPA 58 included 
changes in the requirements for small LPG operators which are in 
conflict with part 192 requirements. Further, the 2008 edition of NFPA 
59 references NFPA 58. If we were to adopt the 2008 edition of NFPA 59, 
the referenced sections of NFPA 58 would also be incorporated by 
reference unless we were to prescribe otherwise. Therefore, PHMSA has 
decided not to adopt either of the new editions. PHMSA looks forward to 
working with the committees to improve public safety and resolve issues 
which may lead to the adoption of the newest editions in the next 
Periodic Updates of Regulatory References to Technical Standards.

Comment Topic 4: NFPA 59A

    The NFPA maintained that incorporating both the 2001 and 2006 
editions of NFPA 59A by reference would create confusion for operators. 
NFPA recommends that to address PHMSA's concern with Section 5.3 of the 
2006 edition, PHMSA should adopt the 2006 edition and reference the 
2001 edition solely for the requirements applicable to those specific 
subjects. This approach would recognize and capture the other 
improvements in the 2006 edition.
    NFPA further stated that the 2001 edition of NFPA 59A incorporates 
by reference 70 other technical standards of which all but three have 
been superseded or removed. Some of the standards were discontinued and 
are no longer for sale. During the generation of an updated edition, 
the technical committee does not consider the interrelation of a 
provision in one edition with related provisions in a prior edition. 
Each edition stands on its own. Since 2006, when PHMSA incorporated 
NFPA 59A by reference in the pipeline safety regulations, PHMSA has 
incorporated different editions of the standards that are cross-
referenced within NFPA 59A. This rulemaking does not address this 
conflict.
    PHMSA response: PHMSA wishes to remind all who commented on 
proposed changes to NFPA 59A and part 193 that the process for changing 
a regulation is significantly different than developing a consensus 
standard process. PHMSA must assess the impact of new editions of NFPA 
59A on the public and the environment. When revised safety standards 
are clearly an improvement to the public, the environment, and pipeline 
safety, the adoption of a standard may be more easily justified.
    After NFPA 59A's 2006 edition was published, PHMSA noted that 
revisions to NFPA 59A lacked sufficient justification. In some 
instances, the historical basis for adopting a safety standard could 
not be explained. In these cases, PHMSA observed NFPA's committee work 
and concluded it would be premature to adopt revisions that were 
incomplete or could not be appropriately justified. For these reasons, 
PHMSA has infrequently adopted new provisions within NFPA 59A and has 
not changed its decision to not adopt the new edition in response to 
these comments.
    PHMSA is supportive of NFPA's efforts on standards and safety 
research and believes its work is beneficial to the public. We 
encourage NFPA and its members to continuously improve its NFPA 59A 
standard and ensure that new revisions are complete, properly 
justified, and adequately explained to the public.

Comment Topic 5: ASTM D2513-87 and ASTM D2513-99

    PHMSA proposed not to incorporate by reference ASTM D2513: Standard 
Specification for Thermoplastic Gas Pressure Pipe, Tubing and Fittings 
(2007) edition at this time but will continue to reference the 1987 & 
1999 editions. Southwest Gas and AGA commented that the 2007 edition of 
ASTM D2513 incorporates changes which occurred since 1999 including 
advances in manufacturing and installation of polyethylene (PE) pipe, 
recognition of applicability of more recent ASTM standards for 
fittings, and provisions for updated storage requirements. If the 2007 
edition is not incorporated, both commenters recommended that PHMSA 
provide a Stay of Enforcement from Section A.1.5.7 in the 1999 edition 
of ASTM D2513 to recognize the safe, longer storage time of PE pipe. 
AGA noted that gas utility operators and their state regulators have 
already sought waivers to take advantage of the new standard. If they 
are not granted the waiver, they may have to dispose of a significant 
amount of polyethylene (PE) pipe that was purchased in response to the 
shortages that operators experienced in the aftermath of hurricane 
Katrina.
    Southwest Gas recommended deleting the reference in Sec.  192.7 to 
the 1987 edition of ASTM D2513 for Sec.  192.63(a)(1). A 1993 amendment 
to Sec.  192.63 stated that the reference was retained due to 
temperature marking of fittings. The 1999 edition of ASTM D2513 
restored the temperature marking requirements for fittings.
    PHMSA response: PHMSA has made no change in the response to these 
comments. PHMSA appreciates the work of the ASTM Committee F-17 and 
D20.10. There are important issues that are being finalized including 
the subject of NAPSR Resolution SR-2-01, marking of materials. The 
resolution of these issues will impact ASTM D638, D2513-87, D2513-99, 
D2517, and F1055 standards. These issues include but are not limited to 
the review of:
     Revisions of material categories.
     PENT test duration for PA-11 and PA-12 materials.
     Development process for new materials.
     Review of existing standards for re-grind, quality 
assurance, and quality control due to recent failures.
     Cyclic fatigue and long-term cyclic fatigue testing of 
plastic mechanical appurtenances.
     Need for new or modified regulations or standards due to 
the impact of new materials.
     Impact of findings from Standard Dimension Ratio and side 
wall fusion Research and Development programs.
    PHMSA will address Southwest Gas and AGA's request for a Stay of 
Enforcement separately from this rulemaking. The special permit process 
offers operators an existing mechanism to request an extension from the 
current storage requirements for polyethylene (PE) pipe.
    PHMSA has considered these comments but has not changed its 
decision to not adopt the more recent edition of ASTM D2513.

Comment Topic 6: LNGFIRE3

    Technology & Management Systems commented on the proposal to 
replace GRI-89/0176 ``LNGFIRE: A Thermal Radiation Model for LNG 
Fires'' (June 29, 1990) with GTI -04/0032 LNGFIRE3: A Thermal Radiation 
Model for LNG Fires (2004). The commenter recommended that in 
consideration of fire research conducted in the past three years, PHMSA 
should reevaluate performance criteria for fire models and consider 
alternate models that have been scientifically assessed, verified, and 
validated to the Administrator's approval.
    PHMSA response: The Gas Technology Institute (GTI) (formerly the 
Gas Research Institute) changed the title of this material. The 
contents of the software and the report have not changed. PHMSA's 
purpose for this

[[Page 48597]]

amendment is solely to reference the new title. The commenter's 
statements regarding performance criteria are beyond the scope of this 
rulemaking. PHMSA is updating the title of this standard in the 
regulation to reflect the title currently used by GTI.

Comment Topic 7: Web accessibility of standards.

    The Oklahoma Independent Petroleum Association stated that the 
costs to smaller oil and gas operators to purchase the updated 
standards and to identify and assess all regulatory compliance 
requirements are burdensome. They requested that PHMSA place the 
applicable reference documents on its web site for easy access.
    PHMSA response: PHMSA regrets that we are prohibited from posting 
the technical standards to our web site as most standards have 
copyright protection. All incorporated materials are available for 
inspection in the Office of Pipeline Safety, Pipeline and Hazardous 
Materials Safety Administration, 1200 New Jersey Avenue, SE., 
Washington, DC, 20590-0001, 202-366-4595, or at the National Archives 
and Records Administration (NARA), 202-741-6030, or go to  http://
www.archives.gov/federal_register/code_of_federal_regulations/ibr_
locations.html.
    The incorporated materials are available from the respective 
organizations listed in Sec.  192.7 (c)(1).

IV. Advisory Committee

    On December 9, 2009, PHMSA discussed the proposed rule with the 
Technical Pipeline Safety Standards Committee (TPSSC) and the Technical 
Hazardous Liquid Pipeline Safety Standards Committee (THLPSSC). These 
are statutorily-mandated advisory committees that advise PHMSA about 
the technical feasibility, reasonableness and cost-effectiveness of its 
proposed regulations. At the meeting, PHMSA discussed the comments 
received in response to the NPRM. NFPA emphasized that small operators 
have difficulty determining which requirements of part 192 or NFPA 59A 
apply to them. The committee urged PHMSA to take action to work out the 
issues presented by NFPA, ASME, GPTC, and/or State Industry Regulatory 
Review Committee (SIRRC), a committee comprised of state and federal 
pipeline safety regulators, AGA and APGA formed to coordinate issues 
pertaining to part 192.
    With the exception of NFPA's abstention, the committees voted 
unanimously that the NPRM was technically feasible, reasonable, 
practicable, and cost effective. Since the NPRM included proposed 
changes to the NFPA standards, the NFPA abstained from voting in 
accordance with its bylaws. A transcript of the meeting is available in 
the docket for this rulemaking.

V. Summary of Final Rule

    This final rule accepts the following updated editions of technical 
standards in parts 192, 193, 195. PHMSA is also amending titles, dates, 
and references as applicable. Before describing each newly incorporated 
standard, PHMSA is providing additional information regarding the 
partial incorporation of NFPA 59A and the full incorporation of several 
API standards.
    PHMSA will incorporate only those sections of NFPA 59A, ``Standard 
for the Production, Storage, and Handling of Liquefied Natural Gas 
(LNG)'' (2006 edition) relating to ultrasonic inspection and seismic 
design requirements. PHMSA believes the NFPA 59A committee needs to 
reconcile differences 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 
mentioned above, PHMSA will continue to reference NFPA 59A (2001 
edition).

ANSI/API Specification 5L and API Standard 1104

    In a Direct Final Rule (74 FR 17099) published on April 14, 2009, 
PHMSA incorporated by reference the 2007 editions of ANSI/API 
Specification 5L, ``Specification for Line Pipe'' and API Standard 
1104, ``Welding of Pipelines and Related Facilities.'' However, it did 
not eliminate the use of the previously referenced editions of these 
standards. In this final rule, PHMSA eliminates the use of the previous 
editions of these standards, API Specification 5L (43rd edition and 
errata, 2004) and API Standard 1104 (19th edition, 1999, including 
errata October 31, 2001).

API Recommended Practice 5L1/ISO 3183 & API Recommended Practice 5LW

    PHMSA is incorporating by reference API Recommended Practice 5L1/
ISO 3183 ``Specification for Line Pipe'' (6th edition, 2002) into the 
newly-created Sec.  195.207. This standard provides a standard for 
hazardous liquid operators for the transportation of certain API 
Specification 5L steel line pipe by railroad.
    PHMSA is also incorporating API Recommended Practice 5LW (API RP 
5LW), ``Transportation of Line Pipe on Barges and Marine Vessels'' (2nd 
edition, 1996) into Parts 192 and 195. This standard is referenced in 
Sec.  192.65(a) and in the newly-created Sec.  195.207(a). API RP 5LW 
provides a standard for transportation of certain API Specification 5L 
steel line pipe by ship or barge on both inland and marine waterways.
American Petroleum Institute (API)
     ANSI/API Specification 5L/ISO 3183, ``Specification for 
Line Pipe'' (44th edition, 2007), includes errata (January 2009) and 
addendum (February 2009).
    Replaces incorporated by reference (IBR): API Specification 5L, 
``Specification for Line Pipe'' (43rd edition and errata, 2004);
    Referenced in 49 CFR 192.55(e); 192.112; 192.113; Item I, Appendix 
B to Part 192; 195.106(b)(1)(i); 195.106(e), 195.207(a).
     API Recommended Practice 5L1 ``Recommended Practice for 
Railroad Transportation of Line Pipe,'' (6th Edition, 2002)

IBR for the first time in 49 CFR newly-created 195.207;
Referenced in 49 CFR 192.65(a)(1); 195.207.

     API Recommended Practice 5LW, ``Transportation of Line 
Pipe on Barges and Marine Vessels'' (2nd edition, 1996, effective March 
1, 1997).

IBR for the first time;
Referenced in 49 CFR 192.65(b); 195.207(b).

     API Specification 6D/ISO 14313, ``Specification for 
Pipeline Valves'' (23rd edition (April 2008, effective October 1, 2008) 
and errata 3 (includes 1 & 2, February 2009).

Replaces IBR: API Specification 6D ``Pipeline Valves'' (22nd edition, 
January 2002);
Referenced in 49 CFR 192.145(a); 195.116(d).

     API Specification 12F, ``Specification for Shop Welded 
Tanks for Storage of Production Liquids (11th edition, November 1, 
1994, reaffirmed 2000, errata, February 2007).

Replaces IBR: 11th edition, 1994 (reaffirmed, 2000);
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).

     API Standard 510, ``Pressure Vessel Inspection Code: In-
Service Inspection,

[[Page 48598]]

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 Standard 620, ``Design and Construction of Large, 
Welded, Low-Pressure Storage Tanks,'' (11th edition February 2008, 
addendum 1, March 2009).

Replaces IBR: 10th edition, 2002 including addendum 1;
Reference added in 49 CFR 193.2101(b), 193. 2321(b)(2).
Referenced in 49 CFR 195.132(b)(2); 195.205(b)(2); 195.264(b)(1); 
195.264(e)(3); 195.307(b);

     API Standard 650, ``Welded Steel Tanks for Oil Storage'' 
(11th edition, June 2007, addendum 1, November 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; 195.307(d); 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, ``Linings of 
Aboveground Petroleum Storage Tank Bottoms'' (3rd edition, October 
2005).
Replaces IBR: 2nd edition, December 1997;
Referenced in 49 CFR 195.579(d).
     API Standard 653, ``Tank Inspection, Repair, Alteration, 
and Reconstruction'' (3rd edition, December 2001, includes addendum 1 
(September 2003), addendum 2 (November 2005), addendum 3 (February 
2008), and errata (April 2008).
Replaces IBR: 3rd edition, 2001 including addendum 1, 2003;
Referenced in 49 CFR 195.205(b)(1); 195.432(b).
     API Standard 1104, ``Welding of Pipelines and Related 
Facilities'' (20th edition November 2005, errata/addendum (July 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(a); 195.228(b); 195.214(a).
     API Recommended Practice 1130, ``Computational Pipeline 
Monitoring for Liquids Pipeline Segment'' (3rd edition, September 
2007).
Replaces IBR: 2nd edition, 2002;
Referenced in 49 CFR 195.134; 195.444.
     API Standard 2000, ``Venting Atmospheric and Low-Pressure 
Storage Tanks Nonrefrigerated and Refrigerated'' (5th edition, April 
1998, errata, November 15, 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 Publication 2026, ``Safe Access/Egress Involving 
Floating Roofs of Storage Tanks in Petroleum Service'' (2nd edition, 
April 1998, reaffirmed, 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, includes supplement number 1 and 
errata)
Replaces IBR: 2002 edition;
Referenced in 49 CFR 193.2067(b)(1).
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'' 
(September 1, 2007).
Replaces IBR: 2004 edition;
Referenced in 49 CFR 192.113; Item I, Appendix B to Part 192; 
195.106(e).
     ASTM A106/A106M-08 (2008), ``Standard Specification for 
Seamless Carbon Steel Pipe for High-Temperature Service'' (July 15, 
2008).
Replaces IBR: 2004 edition;
Referenced in 49 CFR 192.113; Item I, Appendix B to Part 192; 
195.106(e).

     ASTM A372/A372M-03 (reapproved 2008), ``Standard 
Specification for Carbon and Alloy Steel Forgings for Thin-Walled 
Pressure Vessels'' (March 1, 2008).

Replaces IBR: 2003 edition;
Referenced in 49 CFR 192.177(b)(1).
     ASTM A381-96 (Reapproved 2005), ``Standard Specification 
for Metal-Arc-Welded Steel Pipe for Use with High-Pressure Transmission 
Systems'' (October 1, 2005).

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, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures'' (May 
1, 2006).

Replaces IBR: 2004 edition;
Referenced in 49 CFR 192.113, Item I, Appendix B to Part 192; 
195.106(e).

     ASTM A672-08, ``Standard Specification for Electric-
Fusion-Welded Steel Pipe for High-Pressure Service at Moderate 
Temperatures'' (May 1, 2008).

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 (reapproved 2007), ``Standard Specification 
for Carbon and Alloy Steel Pipe, Electric-Fusion-Welded for High-
Pressure Service at High Temperatures'' (November 1, 2007).

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 31, 2006).

Replaces IBR: ASME B16.1-1998 ``Cast Iron Pipe Flanges and Flanged 
Fittings'' 1998 edition;
Referenced in 49 CFR 192.147(c).

     ANSI/ASME B16.9 -2007, ``Factory-Made Wrought Butt Welding 
Fittings'' (December 7, 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 20, 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 30, 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).

     2007 ASME Boiler & Pressure Vessel Code, Section I: Rules 
for Construction of Power Boilers (2007 edition, July 1, 2007).


[[Page 48599]]


Replaces IBR: 2004 edition, including addenda through July 1, 2005;
Referenced in 49 CFR 192.153(b).

     2007 ASME Boiler & Pressure Vessel Code, Section VIII, 
Division 1: Rules for Construction of Pressure Vessels (2007 edition, 
July 1, 2007).

Replaces IBR: 2004 edition, including addenda through July 1, 2005;
Referenced in 49 CFR 192.153 (a); 192.153(b); 192.165(b)(3); 193.2321; 
195.307(e).

     2007 ASME Boiler & Pressure Vessel Code, Section VIII, 
Division 2: Alternative Rules, Rules for Construction of Pressure 
Vessels (2007 edition, July 1, 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).

     2007 ASME Boiler & Pressure Vessel Code, Section IX: 
Qualification Standard for Welding and Brazing Procedures, Welders, 
Brazers, and Welding and Brazing Operators (2007 edition, July 1, 
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(a).
Gas Technology Institute (GTI)
     GTI-04/0032 LNGFIRE3: A Thermal Radiation Model for LNG 
Fires (March 2004).

Replaces IBR: GRI-89/0176 ``LNGFIRE: A Thermal Radiation Model for LNG 
Fires'' (June 29, 1990);
Referenced in 49 CFR 193.2057(a).
Manufacturers Standardization Society of the Valve and Fittings 
Industry, Inc. (MSS)
     MSS SP-44-2006, Standard Practice, ``Steel Pipeline 
Flanges'' (2006 edition).

Replaces IBR: 1996 edition reaffirmed 2001;
Referenced in 49 CFR 192.147(a).
NACE International (NACE)
     NACE SP0169-2007, Standard Practice, ``Control of External 
Corrosion on Underground or Submerged Metallic Piping Systems'' 
(reaffirmed March 15, 2007).

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(a)(2).

     NACE SP0502-2008, Standard Practice ``Pipeline External 
Corrosion Direct Assessment Methodology'' (reaffirmed March 20, 2008).

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, ``Flammable and Combustible Liquids Code'' (2008 
edition, approved August 15, 2007).

Replaces IBR: 2003 edition;
Referenced in 49 CFR 192.735(b); 195.264(b)(1).

     NFPA 59A, ``Standard for the Production, Storage, and 
Handling of Liquefied Natural Gas (LNG) (2006 edition, approved August 
18, 2005).

Partially Replaces IBR: 2001 edition;
Referenced in 49 CFR 193.2101(b); 193.2321(b).
     NFPA 70 (2008), ``National Electrical Code'' (NEC 2008) 
(Approved August 15, 2007).

Replaces IBR: 2005 edition;
Referenced in 49 CFR 192.163(e); 192.189(c).
Plastics Pipe Institute, Inc. (PPI)
     PPI TR-3/2008 HDB/HDS/PDB/SDB/MRS Policies 
(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'' (May 2008).

Replaces IBR: 2004 edition;
Referenced in 49 CFR 192.121.

VI. Editorial Corrections and Clarifications

Part 192

Section 192.3
    Section 192.3 defines terms used throughout Part 192. PHMSA will 
move the definitions, ``active corrosion,'' ``electrical survey'' and 
``pipeline environment'' from Sec.  192.465(e) to Sec.  192.3. This 
revision provides a broader applicability of these terms to part 192 
because these terms are also found in part 192, subparts I and O.
Section 192.63
    PHMSA corrects the notation to ASTM D2513 to ASTM D2513-87 in Sec.  
192.63 (a)(1) to clarify the version incorporated is the 1987 version 
and adds to the text ``(incorporated by reference, see Sec.  192.7).''
    PHMSA also corrects the notation to ASTM D2513 to ASTM D2513-99 in 
Sec. Sec.  192.123 (e)(2); 192.191(b); 192.281 (b)(2); 192.283 
(a)(1)(i) and Item 1, Appendix B to clarify the version incorporated is 
the 1999 version and adds to the text ``(Incorporated by reference, see 
Sec.  192.7).''
Section 192.145
    PHMSA revises paragraphs (d) and (e) to use the same language as 
ANSI/ASME B31.8, paragraph 831.11(c) in referring to shell components. 
The revisions to paragraph (d) clarify the elements of a ``shell 
component.''
    PHMSA is also clarifying the materials allowed in certain valve 
components used in compressor stations in response to the GPTC 
petition. In paragraph (e), we 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 (e.g., body, 
bonnet, cover, or end flange).
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 
Sec.  192.711 pertained only to non-integrity management repairs. We 
are revising this section to make that clearer.

Part 193

Section 193.2101
    PHMSA revises Sec.  193.2101 to incorporate by reference sections 
from the 2006 edition of NFPA 59A pertaining to the seismic design of 
stationary LNG storage tanks. Other sections from the 2001 edition of 
NFPA 59A continue to be incorporated by reference as designated in 
Sec.  193.2013. Although NFPA 59A (2006) incorporates by reference the 
1990 edition of API Standard 620 for seismic design PHMSA is instead 
incorporating by reference the most recent version of API Standard 620 
(11th edition, addendum 1, 2009).
Section 193.2321
    PHMSA clarifies the language in Sec.  193.2321(a) to use the 
broader terminology for nondestructive testing. PHMSA revises Sec.  
193.2321(b) to incorporate the requirements in the 2006 edition of NFPA 
59A's for the ultrasonic examination of LNG tank welds for storage 
tanks with an internal design pressure at or below 15 psig.

[[Page 48600]]

Part 195

Section 195.264
    PHMSA adds to the text in 195.264(e)(2); 195.264(e)(3) 
``(Incorporated by reference, see Sec.  195.3).''
Section 195.307
    PHMSA revises 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 the repair times for pipelines covered by Sec.  
195.452 (pipelines that could affect an HCA). 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. In this final rule, PHMSA revises this section to make those 
requirements clearer.
Section 195.432
    PHMSA revises paragraph (b) to eliminate the reference to Section 4 
of 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 revises paragraph (h)(4)(i) to reflect new section numbering 
as specified in the updated ANSI/ASME B31.4. The referenced section is 
changed from ``451.7'' to ``451.6.2.2 (b)''.

VII. Rulemaking Analyses and Notices

Statutory/Legal Authority for This Rulemaking

    This final rule is published under the authority of the Federal 
Pipeline Safety Laws (49 U.S.C. 60101 et seq.). 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 Laws 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 all comments received for 
any of our dockets. The Privacy Notice for comment submissions may be 
reviewed at http://www.regulations.gov. You may review DOT's complete 
Privacy Act Statement in the Federal Register published April 11, 2000 
(65 FR 19477) or you may visit http://DocketsInfo.dot.gov.
Executive Order 12866--Regulatory Planning and Review and DOT 
Regulatory Policies and Procedures
    The final rule is not a significant regulatory action under Section 
3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was not 
subject to review by the Office of Management and Budget. This final 
rule is not significant under the Regulatory Policies and Procedures of 
the Department of Transportation (44 FR 11034).
    PHMSA is incorporating by reference new editions of technical 
standards in the Federal pipeline safety regulations. The final rule is 
intended to enhance transportation safety and reduce the overall 
compliance burden on the regulated industry.
    Industry standards developed and adopted by consensus generally are 
accepted and followed by the industry; thus, their incorporation by 
reference in the Federal pipeline safety regulations assures that the 
industry is not forced to comply with a different set of standards to 
accomplish the same safety goal. Requiring regulatory compliance with 
standards such as the ASME, ASTM and API takes advantage of 
established, well-defined and proven practices. Because we are adopting 
industry consensus standards we expect compliance costs associated with 
these regulatory changes to be minimal.
Executive Order 13132
    PHMSA has analyzed this final rule under the principles and 
criteria in Executive Order 13132 (``Federalism''). The final rule does 
not have a substantial direct effect on the States, the relationship 
between the national government and the States, or the distribution of 
power and responsibilities among the various levels of government. The 
final rule does not impose substantial direct compliance costs on State 
and local governments. This final regulation does not preempt state law 
for intrastate pipelines. Therefore, the consultation and funding 
requirements of Executive Order 13132 do not apply.
Executive Order 13175
    PHMSA analyzed this final rule according to Executive Order 13175 
(``Consultation and Coordination with Indian Tribal Governments''). The 
final rule does not significantly or uniquely affect the communities of 
the Indian tribal governments or impose substantial direct compliance 
costs; thus, the funding and consultation requirements of Executive 
Order 13175 do not apply.
Regulatory Flexibility Act
    Under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), PHMSA 
must consider whether rulemaking actions would have a significant 
economic impact on a substantial number of small entities. This final 
rule ensures that pipeline operators are using the most current 
editions of technical standards incorporated by reference. The final 
rule also improves the clarity of several regulations. PHMSA believes 
that this final rule impacts 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 final rule will 
not have a significant economic impact on a substantial number of small 
entities.
Unfunded Mandates Reform Act of 1995
    This final rule does not impose unfunded mandates under the 
Unfunded Mandates Reform Act of 1995. It does not result in costs of 
$100 million (adjusted for inflation currently estimated to be $132 
million) or more in any one year to either State, local, or tribal 
governments, in the aggregate, or to the private sector, and is the 
least burdensome alternative that achieves the objective of the final 
rule.
Paperwork Reduction Act
    This final rule does not impose any new information collection 
requirements.
National Environmental Policy Act
    PHMSA analyzed this final rule in accordance with the National 
Environmental Policy Act (42 U.S.C.4321-4375), the Council on 
Environmental Quality regulations (40 CFR parts 1500-1508), and DOT 
Order 5610.1C, and has determined that this action will not 
significantly affect the quality of the human environment. PHMSA 
examined alternatives in the NPRM and did not receive any comments on 
this preliminary analysis.

[[Page 48601]]

Executive Order 13211
    Transporting gas affects the nation's available energy supply. 
However, this final rule is not a ``significant'' energy action under 
Executive Order 13211. It is not a significant regulatory action under 
Executive Order 12866 and is not likely to have a significant adverse 
effect on the supply, distribution, or use of energy. Further, the 
Administrator of the Office of Information and Regulatory Affairs has 
not designated this 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.

0
In consideration of the foregoing, PHMSA is amending 49 CFR parts 192, 
193, and 195 as follows:

PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE: 
MINIMUM FEDERAL SAFETY STANDARDS

0
1. The authority citation for Part 192 continues to read as follows:

    Authority:  49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110, 
60113, 60116, 60118 and 60137; and 49 CFR 1.53.


0
2. In Sec.  192.3, definitions for ``Active corrosion'', ``Electrical 
survey'' and ``pipeline environment'' are added in alphabetical order 
to read 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 pipelines 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.
* * * * *

0
3. In Sec.  192.7, paragraph (c)(2) is revised to read as follows:


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

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

------------------------------------------------------------------------
   Source and name of referenced material          49 CFR reference
------------------------------------------------------------------------
A. Pipeline Research Council International
 (PRCI):
    (1) AGA Pipeline Research Committee,     Sec.  Sec.
     Project PR-3-805, ``A Modified           192.485(c);.192.933(a)(1);
     Criterion for Evaluating the Remaining   192.933(d)(1)(i).
     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/ISO 3183   Sec.  Sec.   192.55(e);
     ``Specification for Line Pipe'' (44th    192.112; 192.113; Item I,
     edition, 2007), includes errata          Appendix B to Part 192.
     (January 2009) and addendum (February
     2009).
     (2) API Recommended Practice 5L1        Sec.   192.65(a)(1).
     ``Recommended Practice for Railroad
     Transportation of Line Pipe,'' (6th
     Edition, July 2002).
    (3) API Recommended Practice 5LW,        Sec.   192.65(b).
     ``Transportation of Line Pipe on
     Barges and Marine Vessels'' (2nd
     edition, December 1996, effective
     March 1, 1997).
    (4) ANSI/API Specification 6D,           Sec.   192.145(a).
     ``Specification for Pipeline Valves''
     (23rd edition (April 2008, effective
     October 1, 2008) and errata 3
     (includes 1 and 2, February 2009)).
    (5) API Recommended Practice 80,         Sec.  Sec.   192.8(a);
     ``Guidelines for the Definition of       192.8(a)(1); 192.8(a)(2);
     Onshore Gas Gathering Lines,'' (1st      192.8(a)(3); 192.8(a)(4).
     edition, April 2000).
    (6) API Standard 1104, ``Welding of      Sec.  Sec.   192.225;
     Pipelines and Related Facilities''       192.227(a); 192.229(c)(1);
     (20th edition, October 2005, errata/     192.241(c); Item II,
     addendum, (July 2007) and errata 2       Appendix B.
     (2008)).
    (7) API Recommended Practice 1162,       Sec.  Sec.   192.616(a);
     ``Public Awareness Programs for          192.616(b); 192.616(c).
     Pipeline Operators,'' (1st edition,
     December 2003).
    (8) API Recommended Practice 1165        Sec.   192.631(c)(1).
     ``Recommended Practice 1165
     ``Recommended Practice for Pipeline
     SCADA Displays,'' (API RP 1165) (First
     edition (January 2007)).
C. American Society for Testing and
 Materials (ASTM):
    (1) ASTM A53/A53M-07, ``Standard         Sec.  Sec.   192.113; Item
     Specification for Pipe, Steel, Black     I, Appendix B to Part 192.
     and Hot-Dipped, Zinc-Coated, Welded
     and Seamless'' (September 1, 2007).
    (2) ASTM A106/A106M-08, ``Standard       Sec.  Sec.   192.113; Item
     Specification for Seamless Carbon        I, Appendix B to Part 192.
     Steel Pipe for High-Temperature
     Service'' (July 15, 2008).
    (3) ASTM A333/A333M-05 (2005)            Sec.  Sec.   192.113; Item
     ``Standard Specification for Seamless    I, Appendix B to Part 192.
     and Welded Steel Pipe for Low-
     Temperature Service''.
    (4) ASTM A372/A372M-03 (reapproved       Sec.   192.177(b)(1).
     2008), ``Standard Specification for
     Carbon and Alloy Steel Forgings for
     Thin-Walled Pressure Vessels'' (March
     1, 2008).
    (5) ASTM A381-96 (reapproved 2005),      Sec.  Sec.   192.113; Item
     ``Standard Specification for Metal-Arc   I, Appendix B to Part 192.
     Welded Steel Pipe for Use With High-
     Pressure Transmission Systems''
     (October 1, 2005).
    (6) ASTM A578/A578M-96 (re-approved      Sec.  Sec.
     2001) ``Standard Specification for       192.112(c)(2)(iii).
     Straight-Beam Ultrasonic Examination
     of Plain and Clad Steel Plates for
     Special Applications.''.

[[Page 48602]]


    (7) ASTM A671-06, ``Standard             Sec.  Sec.   192.113; Item
     Specification for Electric-Fusion-       I, Appendix B to Part 192.
     Welded Steel Pipe for Atmospheric and
     Lower Temperatures'' (May 1, 2006).
    (8) ASTM A672-08, ``Standard             Sec.  Sec.   192.113; Item
     Specification for Electric-Fusion-       I, Appendix B to Part 192.
     Welded Steel Pipe for High-Pressure
     Service at Moderate Temperatures''
     (May 1, 2008).
    (9) ASTM A691-98 (reapproved 2007),      Sec.  Sec.   192.113; Item
     ``Standard Specification for Carbon      I, Appendix B to Part 192.
     and Alloy Steel Pipe, Electric-Fusion-
     Welded for High-Pressure Service at
     High Temperatures'' (November 1, 2007).
    (10) ASTM D638-03 ``Standard Test        Sec.  Sec.   192.283(a)(3);
     Method for Tensile Properties of         192.283(b)(1).
     Plastics.''.
    (11) ASTM D2513-87 ``Standard            Sec.   192.63(a)(1).
     Specification for Thermoplastic Gas
     Pressure Pipe, Tubing, and Fittings.''.
    (12) ASTM D2513-99 ``Standard            Sec.  Sec.   192.123(e)(2);
     Specification for Thermoplastic Gas      192.191(b); 192.281(b)(2);
     Pressure Pipe, Tubing, and Fittings.''.  192.283(a)(1)(i); Item 1,
                                              Appendix B to Part 192.
    (13) ASTM D2517-00 ``Standard            Sec.  Sec.   192.191(a);
     Specification for Reinforced Epoxy       192.281(d)(1);
     Resin Gas Pressure Pipe and              192.283(a)(1)(ii); Item I,
     Fittings.''.                             Appendix B to Part 192.
    (14) ASTM F1055-1998, ``Standard         Sec.   192.283(a)(1)(iii).
     Specification for Electrofusion Type
     Polyethylene Fittings for Outside
     Diameter Controller Polyethylene Pipe
     and Tubing.''.
D. ASME International (ASME):
    (1) ASME/ANSI B16.1-2005, ``Gray Iron    Sec.   192.147(c).
     Pipe Flanges and Flanged Fittings:
     (Classes 25, 125, and 250)'' (August
     31, 2006).
    (2) ASME/ANSI B16.5-2003, ``Pipe         Sec.  Sec.   192.147(a);
     Flanges and Flanged Fittings.''          192.279.
     (October 2004).
    (3) ASME/ANSI B31G-1991 (Reaffirmed,     Sec.  Sec.   192.485(c);
     2004), ``Manual for Determining the      192.933(a).
     Remaining Strength of Corroded
     Pipelines.''.
    (4) ASME/ANSI B31.8-2007, ``Gas          Sec.   192.619(a)(1)(i).
     Transmission and Distribution Piping
     Systems'' (November 30, 2007).
    (5) ASME/ANSI B31.8S-2004, ``Supplement  Sec.  Sec.   192.903(c);
     to B31.8 on Managing System Integrity    192.907(b); 192.911
     of Gas Pipelines.''.                     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;
                                              192.925(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) 2007 ASME Boiler & Pressure Vessel  Sec.   192.153(b).
     Code, Section I, ``Rules for
     Construction of Power Boilers 2007''
     (2007 edition, July 1, 2007).
    (7) 2007 ASME Boiler & Pressure Vessel   Sec.  Sec.   192.153(a);
     Code, Section VIII, Division 1,          192.153(b); 192.153(d);
     ``Rules for Construction of Pressure     192.165(b)(3).
     Vessels 2'' (2007 edition, July 1,
     2007).
    (8) 2007 ASME Boiler & Pressure Vessel   Sec.  Sec.   192.153(b);
     Code, Section VIII, Division 2,          192.165(b)(3).
     ``Alternative Rules, Rules for
     Construction of Pressure Vessels''
     (2007 edition, July 1, 2007).
    (9) 2007 ASME Boiler & Pressure Vessel   Sec.  Sec.   192.227(a);
     Code, Section IX, ``Welding and          Item II, Appendix B to
     Brazing Procedures, Welders, Brazers,    Part 192.
     and Welding and Brazing Operators''
     (2007 edition, July 1, 2007).
E. Manufacturers Standardization Society of
 the Valve and Fittings Industry, Inc.
 (MSS):
    (1) MSS SP-44-2006, Standard Practice,   Sec.   192.147(a).
     ``Steel Pipeline Flanges'' (2006
     edition).
    (2) [Reserved].........................
F. National Fire Protection Association
 (NFPA):
    (1) NFPA 30 (2008 edition, August 15,    Sec.   192.735(b).
     2007), ``Flammable and Combustible
     Liquids Code'' (2008 edition; approved
     August 15, 2007).
    (2) NFPA 58 (2004), ``Liquefied          Sec.  Sec.   192.11(a);
     Petroleum Gas Code (LP[dash]Gas          192.11(b); 192.11(c).
     Code).''.
    (3) NFPA 59 (2004), ``Utility            Sec.  Sec.   192.11(a);
     LP[dash]Gas Plant Code.''.               192.11(b); 192.11(c).
    (4) NFPA 70 (2008), ``National           Sec.  Sec.   192.163(e);
     Electrical Code'' (NEC 2008) (Approved   192.189(c).
     August 15, 2007).
G. Plastics Pipe Institute, Inc. (PPI):
    (1) PPI TR-3/2008 HDB/HDS/PDB/SDB/MRS    Sec.   192.121.
     Policies (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'' (May 2008).
H. NACE International (NACE):
    (1) NACE Standard SP0502-2008, Standard  Sec.  Sec.   192.923(b)(1);
     Practice, ``Pipeline External            192.925(b) Introductory
     Corrosion Direct Assessment              text; 192.925(b)(1);
     Methodology'' (reaffirmed March 20,      192.925(b)(1)(ii);
     2008).                                   192.925(b)(2) Introductory
                                              text; 192.925(b)(3)
                                              Introductory text;
                                              192.925(b)(3)(ii);
                                              192.925(b)(3)(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        Sec.   192.927(c)(2).
     Corrosion Direct Assessment of Gas
     Transmission Pipelines Methodology.''.
------------------------------------------------------------------------


[[Page 48603]]


0
4. In Sec.  192.63, paragraph (a)(1) is revised to read as follows:


Sec.  192.63  Marking of materials.

    (a) Except as provided in paragraph (d) of this section, each 
valve, fitting, length of pipe, and other component must be marked--
    (1) As prescribed in the specification or standard to which it was 
manufactured, except that thermoplastic fittings must be marked in 
accordance with ASTM D2513-87 (incorporated by reference, see Sec.  
192.7);
* * * * *

0
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 
Recommended Practice 5L1 (incorporated by reference, see Sec.  192.7).
    (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 Recommended 
Practice 5LW (incorporated by reference, see Sec.  192.7).


Sec.  192.121  [Amended].

0
6. In Sec.  192.121, under ``S='', the words ``PPI TR-3/2004'' are 
removed and the words ``PPI TR-3/2008'' are added in their place.

0
7. In Sec.  192.123, paragraphs (e) introductory text, (e)(1) and (2) 
are revised to read as follows:


Sec.  192.123  Design limitations for plastic pipe.

* * * * *
    (e) The design pressure for thermoplastic pipe produced after July 
14, 2004 may exceed a gauge pressure of 100 psig (689 kPa) provided 
that:
    (1) The design pressure does not exceed 125 psig (862 kPa);
    (2) The material is a PE2406 or a PE3408 as specified within ASTM 
D2513-99 (incorporated by reference, see Sec.  192.7);
* * * * *

0
8. In Sec.  192.145, the first sentence in paragraph (d) introductory 
text and paragraph (e) are revised 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.

0
9. Section 192.191 is revised to read as follows:


Sec.  192.191  Design pressure of plastic fittings.

    (a) Thermosetting fittings for plastic pipe must conform to ASTM D 
2517, (incorporated by reference, see Sec.  192.7).
    (b) Thermoplastic fittings for plastic pipe must conform to ASTM D 
2513-99, (incorporated by reference, see Sec.  192.7).

0
10. In Sec.  192.281, paragraphs (a) and (b) are revised to read as 
follows:


Sec.  192.281  Plastic pipe

    (a) General. A plastic pipe joint that is joined by solvent cement, 
adhesive, or heat fusion may not be disturbed until it has properly 
set. Plastic pipe may not be joined by a threaded joint or miter joint.
    (b) Solvent cement joints. Each solvent cement joint on plastic 
pipe must comply with the following:
    (1) The mating surfaces of the joint must be clean, dry, and free 
of material which might be detrimental to the joint.
    (2) The solvent cement must conform to ASTM D2513-99, (incorporated 
by reference, see Sec.  192.7).
    (3) The joint may not be heated to accelerate the setting of the 
cement.
* * * * *

0
11. In Sec.  192.283, paragraph (a) is revised to read as follows:


Sec.  192.283  Plastic pipe: Qualifying joining procedures.

    (a) Heat fusion, solvent cement, and adhesive joints. Before any 
written procedure established under Sec.  192.273(b) is used for making 
plastic pipe joints by a heat fusion, solvent cement, or adhesive 
method, the procedure must be qualified by subjecting specimen joints 
made according to the procedure to the following tests:
    (1) The burst test requirements of--
    (i) In the case of thermoplastic pipe, paragraph 6.6 (sustained 
pressure test) or paragraph 6.7 (Minimum Hydrostatic Burst Test) or 
paragraph 8.9 (Sustained Static pressure Test) of ASTM D2513-99 
(incorporated by reference, see Sec.  192.7);
    (ii) In the case of thermosetting plastic pipe, paragraph 8.5 
(Minimum Hydrostatic Burst Pressure) or paragraph 8.9 (Sustained Static 
Pressure Test) of ASTM D2517 (incorporated by reference, see Sec.  
192.7); or
    (iii) In the case of electrofusion fittings for polyethylene (PE) 
pipe and tubing, paragraph 9.1 (Minimum Hydraulic Burst Pressure Test), 
paragraph 9.2 (Sustained Pressure Test), paragraph 9.3 (Tensile 
Strength Test), or paragraph 9.4 (Joint Integrity Tests) of ASTM 
Designation F1055 (incorporated by reference, see Sec.  192.7).
    (2) For procedures intended for lateral pipe connections, subject a 
specimen joint made from pipe sections joined at right angles according 
to the procedure to a force on the lateral pipe until failure occurs in 
the specimen. If failure initiates outside the joint area, the 
procedure qualifies for use; and
    (3) For procedures intended for non-lateral pipe connections, 
follow the tensile test requirements of ASTM D638 (incorporated by 
reference, see Sec.  192.7), except that the test may be conducted at 
ambient temperature and humidity If the specimen elongates no less than 
25 percent or failure initiates outside the joint area, the procedure 
qualifies for use.
* * * * *
0
12. In Sec.  192.465, paragraph (e) is revised 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

[[Page 48604]]

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.

0
13. 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 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]

0
14. In 49 CFR part 192 the words ``NACE RP0502-2002'' or ``NACE RP 
0502-2002'' are removed and the words ``NACE SP0502-2008'' are added in 
their place in the following places:
0
a. Section 192.923(b)(1);
0
b. Section 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, and 192.925(b)(4)(ii);
0
c. Section 192.931(d);
0
d. Section 192.935(b)(1)(iv); and
0
e. Section 192.939(a)(2).

Appendix B to Part 192 [Amended]

0
15. In Appendix B to Part 192, in section I, the phrase ``ASTM D2513'' 
is revised to read ``ASTM D2513-99''

PART 193--LIQUEFIED NATURAL GAS FACILITIES: FEDERAL SAFETY 
STANDARDS

0
16. 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.


0
17. In Sec.  193.2013, paragraph (c) is revised 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;
     Practices'' (3rd edition, 2001).         193.2517; 193.2615.
B. American Petroleum Institute (API):
    (1) API Standard 620 ``Design and        Sec.  Sec.   193.2101(b);
     Construction of Large, Welded, Low-      193.2321(b)(2).
     Pressure Storage Tanks'' (11th edition
     February 2008, addendum 1, March 2009).
C. American Society of Civil Engineers
 (ASCE):
    (1) ASCE/SEI 7-05 ``Minimum Design       Sec.   193.2067(b)(1).
     Loads for Buildings and Other
     Structures'' (2005 edition, includes
     supplement No. 1 and Errata).
D. ASME International (ASME):
    (1) 2007 ASME Boiler & Pressure Vessel   Sec.   193.2321(a).
     Code, Section VIII, Division 1,
     ``Rules for Construction of Pressure
     Vessels'' (2007 edition, July 1, 2007).
    (2) 2007 ASME Boiler & Pressure Vessel   Sec.   193.2321(a).
     Code, Section VIII, Division 2,
     ``Alternative Rules, Rules for
     Construction of Pressure Vessels''
     (2007 edition, July 1, 2007).
E. Gas Technology Institute (GTI) formerly
 the Gas Research Institute (GRI):
    (1) GTI-04/0032 LNGFIRE3: A Thermal      Sec.   193.2057(a).
     Radiation Model for LNG Fires (March
     2004).
    (2) GTI-04/0049 (April 2004) ``LNG       Sec.   193.2059.
     Vapor Dispersion Prediction with the
     DEGADIS 2.1: Dense Gas Dispersion
     Model For LNG Vapor Dispersion''.
    (3) GRI-96/0396.5 ``Evaluation of        Sec.   193.2059.
     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, (2001) ``Standard for the  Sec.  Sec.   193.2019;
     Production, Storage, and Handling of     193.2051; 193.2057;
     Liquefied Natural Gas (LNG)''.           193.2059; 193.2101(a);
                                              193.2301; 193.2303;
                                              193.2401; 193.2521;
                                              193.2639; 193.2801.
    (2) NFPA 59A, ``Standard for the         Sec.  Sec.   193.2101(b);
     Production, Storage, and Handling of     193.2321(b).
     Liquefied Natural Gas (LNG)'' (2006
     edition, Approved August 18, 2005).
------------------------------------------------------------------------


0
18. In Sec.  193.2057, paragraph (a) is revised 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.
* * * * *

0
19. In Sec.  193.2067, paragraph (b)(1) is revised 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).
* * * * *

0
20. Section 193.2101 is revised to read as follows:

[[Page 48605]]

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 Standard 620 (incorporated by reference, see Sec.  
193.2013) for seismic design.

0
21. 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 nondestructively 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 
nondestructively examined in accordance with the ASME Boiler and 
Pressure Vessel Code (Section VIII Division 1) (incorporated by 
reference, see Sec.  193.2013).
    (b) For storage tanks with internal design pressures at 15 psig or 
less, 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 Standard (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

0
22. 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.

0
23. In Sec.  195.3, paragraph (c) is revised 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 Committee, Project PR-3-805, ``A        Sec.  Sec.   195.452(h)(4)(i)(B);
     Modified Criterion for Evaluating the Remaining Strength of       195.452(h)(4)(iii)(D); 195.587.
     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/ISO 3183, ``Specification for Line  Sec.  Sec.   195.106(b)(1)(i); 195.106(e).
     Pipe'' (44th edition, October 2007, including errata (January
     2009) and addendum (February 2009)).
    (2) API Recommended Practice 5L1, ``Recommended Practice for      Sec.   195.207(a).
     Railroad Transportation of Line Pipe'' (6th edition, July 2002).
    (3) API Recommended Practice 5LW, ``Transportation of Line Pipe   Sec.   195.207(b).
     on Barges and Marine Vessels'' (2nd edition, December 1996,
     effective March 1, 1997).
    (4) ANSI/API Specification 6D, ``Specification for Pipeline       Sec.   195.116(d).
     Valves'' (23rd edition, April 2008, effective October 1, 2008)
     and errata 3 (includes 1 & 2 (2009).
    (5) API Specification 12F, ``Specification for Shop Welded Tanks  Sec.  Sec.   195.132(b)(1); 195.205(b)(2);
     for Storage of Production Liquids'' (11th edition, November 1,    195.264(b)(1); 195.264(e)(1); 195.307(a);
     1994, reaffirmed 2000, errata, February 2007).                    195.565; 195.579(d).
    (6) API Standard 510, ``Pressure Vessel Inspection Code: In-      Sec.  Sec.   195.205(b)(3); 195.432(c).
     Service Inspection, Rating, Repair, and Alteration'' (9th
     edition, June 2006).
    (7) API Standard 620, ``Design and Construction of Large,         Sec.  Sec.   195.132(b)(2); 195.205(b)(2);
     Welded, Low-Pressure Storage Tanks'' (11th edition, February      195.264(b)(1); 195.264(e)(3); 195.307(b).
     2008, addendum 1 March 2009).
    (8) API Standard 650, ``Welded Steel Tanks for Oil Storage''      Sec.  Sec.   195.132(b)(3); 195.205(b)(1);
     (11th edition, June 2007, addendum 1, November 2008).             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   Sec.  Sec.   195.565; 195.579(d).
     Aboveground Petroleum Storage Tanks'' (3rd edition, January
     2007).
    (10) ANSI/API Recommended Practice 652, ``Linings of Aboveground  Sec.   195.579(d).
     Petroleum Storage Tank Bottoms'' (3rd edition, October 2005).
    (11) API Standard 653, ``Tank Inspection, Repair, Alteration,     Sec.  Sec.   195.205(b)(1); 195.432(b).
     and Reconstruction'' (3rd edition, December 2001, includes
     addendum 1 (September 2003), addendum 2 (November 2005),
     addendum 3 (February 2008), and errata (April 2008)).
    (12) API Standard 1104, ``Welding of Pipelines and Related        Sec.  Sec.   195.222(a); 195.228(b);
     Facilities'' (20th edition, October 2005, errata/addendum (July   195.214(a).
     2007), and errata 2 December 2008)).
    (13) API Recommended Practice 1130, ``Computational Pipeline      Sec.  Sec.   195.134; 195.444.
     Monitoring for Liquids: Pipeline Segment'' (3rd edition,
     September 2007).
    (14) API Recommended Practice 1162, ``Public Awareness Programs   Sec.  Sec.   195.440(a); 195.440(b);
     for Pipeline Operators'' (1st edition, December 2003).            195.440(c).
    (15) API Recommended Practice 1165, ``Recommended Practice for    Sec.   195.446(c)(1).
     Pipeline SCADA Displays,'' (API RP 1165) First Edition (January
     2007).
    (16) API Standard 2000, ``Venting Atmospheric and Low-Pressure    Sec.  Sec.   195.264(e)(2); 195.264(e)(3).
     Storage Tanks Nonrefrigerated and Refrigerated'' (5th edition,
     April 1998, errata, November 15, 1999).

[[Page 48606]]


    (17) API Recommended Practice 2003, ``Protection Against          Sec.   195.405(a).
     Ignitions Arising Out of Static, Lightning, and Stray
     Currents'' (7th edition, January 2008).
    (18) API Publication 2026, ``Safe Access/Egress Involving         Sec.   195.405(b).
     Floating Roofs of Storage Tanks in Petroleum Service'' (2nd
     edition, April 1998, reaffirmed June 2006).
    (19) API Recommended Practice 2350, ``Overfill Protection for     Sec.   195.428(c).
     Storage Tanks In Petroleum Facilities''' (3rd edition, January
     2005).
    (20) API 2510, ``Design and Construction of LPG Installations''   Sec.  Sec.   195.132(b)(3); 195.205(b)(3);
     (8th edition, 2001).                                              195.264(b)(2); 195.264(e)(4); 195.307(e);
                                                                       195.428(c); 195.432(c).
    (21) API Recommended Practice 1168 ``Pipeline Control Room        Sec.   195.446(c)(5), (f)(1).
     Management,'' (API RP1168) First Edition (September 2008).
C. ASME International (ASME):
    (1) ASME/ANSI B16.9-2007, ``Factory-Made Wrought Buttwelding      Sec.   195.118(a).
     Fittings'' (December 7, 2007).
    (2) ASME/ANSI B31.4-2006, ``Pipeline Transportation Systems for   Sec.   195.452(h)(4)(i).
     Liquid Hydrocarbons and Other Liquids'' (October 20, 2006).
    (3) ASME/ANSI B31G-1991 (Reaffirmed; 2004), ``Manual for          Sec.  Sec.   195.452(h)(4)(i)(B);
     Determining the Remaining Strength of Corroded Pipelines.''.      195.452(h)(4)(iii)(D).
    (4) ASME/ANSI B31.8-2007, ``Gas Transmission and Distribution     Sec.   195.5(a)(1)(i); 195.406(a)(1)(i).
     Piping Systems'' (November 30, 2007).
    (5) 2007 ASME Boiler & Pressure Vessel Code, Section VIII,        Sec.   195.124; 195.307(e).
     Division 1 ``Rules for Construction of Pressure Vessels'' (2007
     edition, July 1, 2007).
    (6) 2007 ASME Boiler & Pressure Vessel Code, Section VIII,        Sec.   195.307(e).
     Division 2 ``Alternate Rules, Rules for Construction of
     Pressure Vessels'' (2007 edition, July 1, 2007).
    (7) 2007 ASME Boiler & Pressure Vessel Code, Section IX:          Sec.   195.222(a).
     ``Qualification Standard for Welding and Brazing Procedures,
     Welders, Brazers, and Welding and Brazing Operators,'' (2007
     edition, July 1, 2007).
D. Manufacturers Standardization Society of the Valve and Fittings
 Industry, Inc. (MSS):
    (1) MSS SP-75-2004, ``Specification for High Test Wrought Butt    Sec.   195.118(a).
     Welding Fittings.''.
     (2) [Reserved].................................................  ..........................................
E. American Society for Testing and Materials (ASTM):
    (1) ASTM A53/A53M-07, ``Standard Specification for Pipe, Steel,   Sec.   195.106(e).
     Black and Hot-Dipped, Zinc-Coated Welded and Seamless''
     (September 1, 2007).
    (2) ASTM A106/A106M-08, ``Standard Specification for Seamless     Sec.   195.106(e).
     Carbon Steel Pipe for High-Temperature Service'' (July 15,
     2008).
    (3) ASTM A333/A 333M-05, ``Standard Specification for Seamless    Sec.   195.106(e).
     and Welded Steel Pipe for Low-Temperature Service.''.
    (4) ASTM A381-96 (Reapproved 2005), ``Standard Specification for  Sec.   195.106(e).
     Metal-Arc-Welded Steel Pipe for Use With High-Pressure
     Transmission Systems'' (October 1, 2005).
    (5) ASTM A671-06, ``Standard Specification for Electric-Fusion-   Sec.   195.106(e).
     Welded Steel Pipe for Atmospheric and Lower Temperatures'' (May
     1, 2006).
    (6) ASTM A672-08, ``Standard Specification for Electric-Fusion-   Sec.   195.106(e).
     Welded Steel Pipe for High-Pressure Service at Moderate
     Temperatures'' (May 1, 2008).
    (7) ASTM A691-98 (reapproved 2007), ``Standard Specification for  Sec.   195.106(e).
     Carbon and Alloy Steel Pipe Electric-Fusion-Welded for High-
     Pressure Service at High Temperatures.''.
F. National Fire Protection Association (NFPA):
    (1) NFPA 30, ``Flammable and Combustible Liquids Code'' (2008     Sec.   195.264(b)(1).
     edition, approved August 15, 2007).
     (2) [Reserved].................................................  ..........................................
G. NACE International (NACE):
    (1) NACE SP0169-2007, Standard Practice, ``Control of External    Sec.  Sec.   195.571; 195.573(a)(2).
     Corrosion on Underground or Submerged Metallic Piping Systems''
     (reaffirmed March 15, 2007).
    (2) NACE SP0502-2008, Standard Practice, ``Pipeline External      Sec.   195.588.
     Corrosion Direct Assessment Methodology'' (reaffirmed March 20,
     2008).
----------------------------------------------------------------------------------------------------------------

* * * * *

0
24. In Sec.  195.116, paragraph (d) is revised 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).
* * * * *

0
25. 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 
Recommended Practice 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 
Recommended Practice 5LW (incorporated by reference, see Sec.  195.3).

0
26. In Sec.  195.264, paragraph (e) is revised to read as follows:


Sec.  195.264  Impoundment, protection against entry, normal/emergency 
venting or pressure/vacuum relief for aboveground breakout tanks.

* * * * *

[[Page 48607]]

    (e) For normal/emergency relief venting and pressure/vacuum-
relieving devices installed on aboveground breakout tanks after October 
2, 2000, compliance with paragraph (d) of this section requires the 
following for the tanks specified:
    (1) Normal/emergency relief venting installed on atmospheric 
pressure tanks built to API Specification 12F (incorporated by 
reference, see Sec.  195.3) must be in accordance with Section 4, and 
Appendices B and C, of API Specification 12F (incorporated by 
reference, see Sec.  195.3).
    (2) Normal/emergency relief venting installed on atmospheric 
pressure tanks (such as those built to API Standard 650 or its 
predecessor Standard 12C) must be in accordance with API Standard 2000 
(incorporated by reference, see Sec.  195.3).
    (3) Pressure-relieving and emergency vacuum-relieving devices 
installed on low pressure tanks built to API Standard 620 (incorporated 
by reference, see Sec.  195.3) must be in accordance with section 9 of 
API Standard 620 (incorporated by reference, see Sec.  195.3) and its 
references to the normal and emergency venting requirements in API 
Standard 2000 (incorporated by reference, see Sec.  195.3).
    (4) Pressure and vacuum-relieving devices installed on high 
pressure tanks built to API Standard 2510 (incorporated by reference, 
see Sec.  195.3) must be in accordance with sections 7 or 11 of API 
Standard 2510 (incorporated by reference, see Sec.  195.3).

0
27. In Sec.  195.307, paragraphs (a) and (c) are revised to read as 
follows:


Sec.  195.307  Pressure testing aboveground breakout tanks.

    (a) For aboveground breakout tanks built into API Specification 12F 
and first placed in service after October 2, 2000, pneumatic testing 
must be in accordance with section 5.3 of API Specification 12 F 
(incorporated by reference, see Sec.  195.3).
* * * * *
    (c) For aboveground breakout tanks built to API Standard 650 
(incorporated by reference, see Sec.  195.3) 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).
* * * * *

0
28. 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:
    (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).
* * * * *

0
29. 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).
* * * * *

0
30. 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:
* * * * *

0
31. 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).

0
32. 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).
* * * * *

0
33. 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 a External Corrosion Direct Assessment (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 (incorporated by reference, see Sec.  195.3), 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 (incorporated by reference, see Sec.  195.3), 
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 (incorporated by reference, see Sec.  195.3), 
the procedures for indirect examination of the ECDA regions must 
include--
* * * * *
    (4) Direct examination. In addition to the requirements in Section 
5 of NACE

[[Page 48608]]

SP0502 (incorporated by reference, see Sec.  195.3), 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 (incorporated by reference, see Sec.  
195.3) provides guidance for criteria); or
    (B) Root cause analysis reveals conditions for which ECDA is not 
suitable (Section 5.6.2 of NACE SP0502 (incorporated by reference, see 
Sec.  195.3) 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 (incorporated by reference, see Sec.  195.3).
    (5) Post assessment and continuing evaluation. In addition to the 
requirements in Section 6 of NACE SP 0502 (incorporated by reference, 
see Sec.  195.3), 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) (incorporated by reference, see Sec.  195.3).

0
34. 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, member of the public or other government agency may 
view and download the data from the NPMS home page http://
www.npms.phmsa.gov/. OPS will maintain the NPMS and 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 August 3, 2010, under authority 
delegated in 49 CFR part 1.
Cynthia L. Quarterman,
Administrator.
[FR Doc. 2010-19643 Filed 8-10-10; 8:45 am]
BILLING CODE 4910-60-P

