13248 RULES AND REGULATIONS - DOC 1

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DEPARTMENT OF                               or by e-mail at                               served. There are more than 60
TRANSPORTATION                              mike.israni@dot.gov.                          standards and specifications incor-
                                                For regulatory information:               porated by reference in 49 CFR
Pipeline and Hazardous Materi-              Cheryl Whetsel by phone at (202)              part 192, Transportation of Natural
als Safety Administration                   366-4431 or by e-mail at cher-                and Other Gas by Pipeline: Mini-
                                            yl.whetsel@dot.gov.                           mum Federal Safety Standards; 49
49 CFR Parts 192, 193, and 195                                                            CFR part 193, Liquefied Natural
                                            SUPPLEMENTARY                                 Gas Facilities: Federal Safety
[Docket No. PHMSA-2008-0301;                INFORMATION:                                  Standards; and 49 CFR part 195,
Amdt. Nos. 192-114; 193-22; 195-                                                          Transportation of Hazardous Liq-
94)                                         I. Background                                 uids by Pipeline.
RIN 2137-AE41                                                                                  Previous updates to incorpo-
                                                 The National Technology                  rate industry standards by reference
Pipeline Safety: Periodic Updates           Transfer and Advancement Act of               were published May 24, 1996, (61
of Regulatory References to                 1995 (Pub. L. 104-113) directs                FR 26121), June 6, 1996, (61 FR
Technical Standards and Miscel-             Federal agencies to use technical             2877), February 17, 1998, (63 FR
laneous Edits                               standards and design specifications           7721), June 14, 2004, (69 FR
                                            developed by voluntary consensus              32886), June 9, 2006, (71 FR
AGENCY: Pipeline and Hazard-                standard bodies instead of govern-            33402), February 1, 2007, (72 FR
ous Materials Safety Administra-            ment-developed technical stand-               4657), and April 14, 2009, (74 FR
tion (PHMSA), Department of                 ards, when practicable. The Office            17099).
Transportation (DOT).                       of Management and Budget (OMB)
                                            Circular A-119: “Federal Participa-           II. Notice of Proposed Rulemak-
ACTION: Final rule.                         tion in the Development and Use of            ing
                                            Voluntary Consensus Standards,”
                                            sets the policies on Federal use of                On July 22, 2009, PHMSA
SUMMARY: PHMSA is amend-                    voluntary consensus standards. As             published a Notice of Proposed
ing the Federal pipeline safety             defined in OMB Circular A-119,                Rulemaking (NPRM) to incorpo-
regulations to incorporate by refer-        voluntary consensus standards are             rate by reference new, updated, or
ence all or parts of 40 new editions        technical standards developed or              reaffirmed editions of voluntary
of voluntary consensus technical            adopted by organizations, both do-            consensus standards into the Feder-
standards. This action allows pipe-         mestic and international. These or-           al pipeline safety regulations.
line operators to use current tech-         ganizations use agreed upon proce-            PHMSA proposed to incorporate
nologies, improved materials, and           dures to update and revise their              by reference all or parts of 40 tech-
updated industry and management             published standards every three to            nical standards and make editorial
practices. Additionally, PHMSA is           five years to reflect modern tech-            corrections to certain regulations.
clarifying certain regulatory provi-        nology and best technical practices.          PHMSA did not propose to incor-
sions and making several editorial               PHMSA's Office of Pipeline               porate four new editions of ASTM
corrections. These amendments do            Safety employees participate in               International (ASTM) standards
not require pipeline operators to           more than 25 national voluntary               (ASTM D638, D2513, D2517, and
take on any significant new pipeline        consensus standards committees.               F1055). Therefore, the gas pipeline
safety initiatives.                         PHMSA reviews, and may adopt,                 safety regulations continue to refer-
                                            standards that are applicable to              ence standards found in ASTM
DATES: The effective date of this           pipeline design, construction,                D638 (2003 edition), ASTM D
final rule is October 1, 2010.              maintenance, inspection, and re-              2513 (1987 edition), ASTM D2513
     Incorporation by reference.            pair. Prior to adopting any stand-            (1999 edition), ASTM 2517 (2000
The incorporation by reference of           ard, PHMSA reviews each new edi-              edition) and ASTM F1055 (1998
the publications listed in these            tion to determine whether it should           edition). In addition, PHMSA did
amendments has been approved by             be incorporated in whole or in part           not propose to incorporate the 2008
the Director of the Federal Register        into the pipeline safety regulations.         editions of the National Fire Pro-
as of October 1, 2010.                      When PHMSA believes some as-                  tection Association (NFPA) NFPA
                                            pect of a standard does not meet              58: “Liquefied Petroleum Gas
FOR FURTHER                                 this directive, it will not incorporate       Code” (LP-Gas Code) and NFPA
INFORMATION CONTACT:                        the new edition. PHMSA has the                59: “Utility Liquefied Petroleum
For technical information: Mike             ultimate responsibility to ensure the         Gas Plant Code (Utility LP-Gas
Israni by phone at (202) 366-4571,          best interests of public safety are           Plant Code). Therefore, PHMSA


                               Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010
                                                      Pages 48593 - 48608
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will continue to reference the 2004           Comment Topic 1: Primacy of Part              facilities than on natural gas distri-
editions of NFPA 58 and 59 in part            192 over NFPA 58 and 59                       bution facilities. Without a change
192 of the Federal pipeline safety                                                          to §192.11(c), PHMSA believes
regulations.                                        Under the current version of            that the NFPA's O&M require-
                                              §192.11(c), if a conflict arises be-          ments would actually decrease safe-
III. Summary of Comments                      tween NFPA 58 and 59 and part                 ty in areas where they conflict with
                                              192, NFPA 58 and 59 would pre-                part 192 requirements.
     PHMSA received a total of 19             vail. However, since this primacy                   Nine commenters objected to
comments in response to the                   was established in 1996, some op-             this proposed change. Commenters
NPRM. Several comments were                   erators have been misinterpreting             requested an explanation of the
from trade and standards associa-             the meaning of “conflict.” Opera-             misinterpretations referred to in the
tions including: The American Gas             tors are complying with the NFPA              NPRM and suggested that the pro-
Association (AGA); the Interstate             standards when the requirements of            posed change is substantive and
Natural Gas Association of Ameri-             these NFPA standards and part 192             therefore inappropriate for this type
ca (INGAA); the National Propane              are in direct conflict; however, the          of rulemaking. Commenters main-
Gas Association (NPGA); the                   misinterpretation arises when                 tained that petroleum gas systems
American Petroleum Institute                  NFPA is silent or nonspecific on a            are often installed by plumbers who
(API); the Oklahoma Independent               subject covered in part 192. In the-          may not be aware of part 192 re-
Petroleum Association (OIPA); the             se situations, some operators have            quirements but are familiar with
Southern California Gas Associa-              misinterpreted §192.11(c) to mean             NFPA 58.
tion (SCGA); the National Fire                they do not need to comply with                     Commenters also stated that
Protection Association (NFPA) and             these additional requirements listed          the NFPA 58 and NFPA 59 con-
the Gas Piping Technology Com-                in part 192.                                  sensus standards were developed
mittee (GPTC). One state agency,                    The NPRM had proposed to                by industry, manufacturers, listing
the Iowa Utilities Board, filed a             reverse this primacy so that part             agencies, state and Federal regula-
comment as well as the National               192 would prevail if the two con-             tors, and insurance professionals
Association of Pipeline Safety Rep-           flict. In the NPRM, PHMSA ex-                 and that these standards are specific
resentatives (NAPSR), an organiza-            plained that NFPA 58 was original-            to the installation and utilization of
tion of state agency pipeline safety          ly developed as a design and instal-          liquefied petroleum gas (LPG).
managers responsible for the ad-              lation code and, as such, did not             Commenters stated there are exten-
ministration of their state's pipeline        cover ongoing corrosion control is-           sive differences between propane-
safety programs. Five operators,              sues or operations and maintenance            air plants and pipeline transporta-
Southern California Gas Company               (O&M) activities. Recently, NFPA              tion facilities and the physical
and San Diego Gas & Electric, Bal-            58 adopted several O&M require-               properties of LPG are not compati-
timore Gas and Electric Company,              ments; however, they are signifi-             ble with the current regulations for
CenterPoint Energy Resources                  cantly less stringent than the re-            natural gas systems.
Corporation, and Distrigas of Mas-            quirements found in part 192.                       One commenter supported the
sachusetts LLC submitted com-                 PHMSA believes that NFPA 58                   change noting that the O&M re-
ments. Three private citizens also            currently fails to sufficiently ad-           quirements are clearer in part 192
submitted comments.                           dress damage prevention,                      than NFPA 58 and, therefore, the
     PHMSA also met with repre-               odorization, distribution valve               primacy of part 192 over NFPA 58
sentatives from NFPA during the               maintenance, leak surveys, emer-              and 59 would be beneficial.
comment period. A summary of                  gency plans, failure investigation,                 According to the NFPA, the
this September 8, 2009, meeting is            and public awareness. Because                 proposed change would create con-
available in the docket (PHMSA-               NFPA 58 and 59 currently prevail,             flicts between NFPA 58 or 59 and
2008-0301).                                   when there is a conflict in one of            part 192. The proposed change
     The majority of the comments             these areas with part 192, operators          would affect inspection of pressure
received were in opposition to a              would be allowed to comply with a             vessel relief valves, process piping
proposed change to §192.11(c) al-             less stringent requirement. Addi-             design standards, welding standards
tering the primacy of the NFPA 58             tionally, propane gas does not safe-          and the use of threaded connec-
and 59 standards over part 192.               ly dissipate when it leaks and as a           tions, polyethylene (PE) pipe in
The comments are summarized and               result can represent a greater poten-         LPG systems above 30 psig, gray
discussed under each issue area be-           tial hazard to the public than natu-          cast iron, and regulator configura-
low:                                          ral gas. Therefore, it would be in-           tion for smaller LPG systems.
                                              appropriate to impose weaker                  NFPA recommended that the refer-
                                              standards on propane distribution             ence to NFPA 58 and NFPA 59 in


                                 Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010
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§192.11 be revised to clarify that          conflict exists, NFPA 58 or 59 con-                Three commenters expressed
these NFPA standards are applica-           tinue to prevail.                             concern regarding the proposal to
ble to propane storage systems only                                                       not adopt the 2008 edition of
and not to underground gas distri-          Comment Topic 2: GPTC petition                NFPA 58. These commenters sur-
bution systems. NFPA also recom-            to amend §192.557(c).                         mised that PHMSA's decision to
mended that §192.11 specify which                                                         not adopt the 2008 edition stemmed
operating requirements of part 192               PHMSA proposed to amend                  from concerns with Section 14.4
are applicable to propane storage           §192.557(c) in response to a peti-            Small LP-Gas Systems and recom-
systems, including operations,              tion by the GPTC to clarify that a            mended that PHMSA adopt the
maintenance, qualification of pipe-         previous pressure test would allow            2008 edition of NFPA 58 excluding
line personnel, and public aware-           for a pipeline to operate at the              Section 14.4.
ness planning. NFPA suggested               higher maximum allowable operat-                   There were also objections to
that the conflicts between its NFPA         ing pressure (MAOP). Several                  PHMSA's proposal to not adopt the
58 and 59 standards and part 192            commenters stated that this expla-            latest edition of NFPA 59. These
can be resolved through the NFPA            nation misstated the purpose of the           commenters believe the 2008 edi-
standards updating process.                 change. Many commenters object-               tion is superior to the 2004 edition.
      NPGA asserted that NFPA is            ed that this is a substantive change          They stated that the 2008 edition
better suited than PHMSA to de-             and therefore inappropriate for this          included reorganization of the doc-
velop petroleum gas regulations.            type of rulemaking.                           ument to conform to the NFPA
      PHMSA response: Petroleum                  The Iowa Utilities Board                 Manual of Style. This edition elim-
gas transportation requirements             (IUB) and the NAPSR stated that               inated confusing language, reor-
need to achieve the same level of           the amendment will not accomplish             ganized the standard to logically
safety as natural gas transportation        the purpose of the GPTC petition.             group requirements, and expanded
requirements. PHMSA continues to            The proposed change occurs in a               use of excerpts from NFPA 58 in-
have concerns regarding the level           section of the code that addresses            stead of referencing NFPA 58. The
of safety required in NFPA 58 and           pressure increments (§192.557(c)).            commenters stated that many
59 standards in certain subject are-        The requirements of §192.553(d)               stakeholders have worked exten-
as. The newer editions of NFPA 58           (“Limitation on increase in maxi-             sively to develop the 2008 edition
have expanded the scope of cov-             mum allowable operating pres-                 of the NFPA 59 consensus stand-
ered facilities and have more con-          sure”), would not be counteracted.            ard. They noted that the AGA Sup-
flicting requirements than the cur-         To accomplish the purpose of the              plemental Gas Committee task
rently incorporated editions.               GPTC petition, additional code                force performed a great deal of
PHMSA believes that the NFPA 58             sections would need to be amend-              work to review the NFPA standard
and 59 committees should analyze            ed.                                           and that NFPA ultimately adopted
the following topics in considera-               Sempra Energy and GPTC                   62 of the 72 proposals the AGA
tion of public safety: Internal             stated that they support the pro-             task force submitted to the tech-
valves on tank penetrations trans-          posed change to §192.557(c) but               nical committee. The commenters
porting propane, relief valves,             the language of the NPRM mis-                 asserted that safety measures are
equipment separation and location           states the GPTC intent which is to            not decreased in the areas of dam-
distances, facility cathodic protec-        clarify that a pressure test is not re-       age prevention, odorization, distri-
tion, and requirements for “retroac-        quired to validate the new MAOP.              bution valve maintenance, opera-
tive” application of the standards.              PHMSA response: PHMSA                    tion and maintenance, and emer-
      PHMSA will address the sub-           has removed the proposed change               gency and public awareness plan-
ject of NFPA 58 and 59 primacy              to §192.557(c) from the final rule.           ning by moving from the 2004 edi-
under a separate rulemaking. In the         PHMSA agrees that the proposed                tion to the 2008 edition.
interim, compliance with part 192           change may cause confusion with                    NFPA encouraged PHMSA to
requirements has not changed.               the requirements of §192.553(d)               work with the NFPA 59 committee
When a requirement exists in part           which were amended after the                  in a manner similar to its work with
192 that does not exist in NFPA 58          GPTC petition was submitted.                  the NFPA 58 committee to address
or 59, operators are required to            PHMSA may consider a revised                  relevant issues through the normal
comply with it. A conflict only ex-         GPTC petition in a separate rule-             course of scheduled revisions or,
ists when an operator cannot com-           making action.                                for unforeseen issues, through the
ply with a requirement in NFPA 58                                                         Tentative Interim Amendment pro-
and 59 because it conflicts with a          Comment Topic 3: NFPA 58 and                  cess.
requirement in part 192. When a             NFPA 59                                            PHMSA response: PHMSA
                                                                                          appreciates the work of the NFPA


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58 and 59 committees and their re-          on its own. Since 2006, when                       PHMSA proposed not to in-
sponsiveness to PHMSA's con-                PHMSA incorporated NFPA 59A                   corporate by reference ASTM
cerns. However, PHMSA is not                by reference in the pipeline safety           D2513: Standard Specification for
changing the editions currently in-         regulations, PHMSA has incorpo-               Thermoplastic Gas Pressure Pipe,
corporated by reference (2004 edi-          rated different editions of the               Tubing and Fittings (2007) edition
tions of NFPA 58 and 59). The               standards that are cross-                     at this time but will continue to ref-
2008 edition of NFPA 58 included            referenced within NFPA 59A. This              erence the 1987 & 1999 editions.
changes in the requirements for             rulemaking does not address this              Southwest Gas and AGA com-
small LPG operators which are in            conflict.                                     mented that the 2007 edition of
conflict with part 192 requirements.             PHMSA response: PHMSA                    ASTM D2513 incorporates chang-
Further, the 2008 edition of NFPA           wishes to remind all who comment-             es which occurred since 1999 in-
59 references NFPA 58. If we were           ed on proposed changes to NFPA                cluding advances in manufacturing
to adopt the 2008 edition of NFPA           59A and part 193 that the process             and installation of polyethylene
59, the referenced sections of              for changing a regulation is signifi-         (PE) pipe, recognition of applica-
NFPA 58 would also be incorpo-              cantly different than developing a            bility of more recent ASTM stand-
rated by reference unless we were           consensus standard process.                   ards for fittings, and provisions for
to prescribe otherwise. Therefore,          PHMSA must assess the impact of               updated storage requirements. If
PHMSA has decided not to adopt              new editions of NFPA 59A on the               the 2007 edition is not incorpo-
either of the new editions. PHMSA           public and the environment. When              rated, both commenters recom-
looks forward to working with the           revised safety standards are clearly          mended that PHMSA provide a
committees to improve public safe-          an improvement to the public, the             Stay of Enforcement from Section
ty and resolve issues which may             environment, and pipeline safety,             A.1.5.7 in the 1999 edition of
lead to the adoption of the newest          the adoption of a standard may be             ASTM D2513 to recognize the
editions in the next Periodic Up-           more easily justified.                        safe, longer storage time of PE
dates of Regulatory References to                After NFPA 59A's 2006 edi-               pipe. AGA noted that gas utility
Technical Standards.                        tion was published, PHMSA noted               operators and their state regulators
                                            that revisions to NFPA 59A lacked             have already sought waivers to take
Comment Topic 4: NFPA 59A                   sufficient justification. In some in-         advantage of the new standard. If
                                            stances, the historical basis for             they are not granted the waiver,
     The NFPA maintained that in-           adopting a safety standard could              they may have to dispose of a sig-
corporating both the 2001 and 2006          not be explained. In these cases,             nificant amount of polyethylene
editions of NFPA 59A by reference           PHMSA observed NFPA's commit-                 (PE) pipe that was purchased in re-
would create confusion for opera-           tee work and concluded it would be            sponse to the shortages that opera-
tors. NFPA recommends that to ad-           premature to adopt revisions that             tors experienced in the aftermath of
dress PHMSA's concern with Sec-             were incomplete or could not be               hurricane Katrina.
tion 5.3 of the 2006 edition,               appropriately justified. For these                 Southwest Gas recommended
PHMSA should adopt the 2006 edi-            reasons, PHMSA has infrequently               deleting the reference in §192.7 to
tion and reference the 2001 edition         adopted new provisions within                 the 1987 edition of ASTM D2513
solely for the requirements applica-        NFPA 59A and has not changed its              for §192.63(a)(1). A 1993 amend-
ble to those specific subjects. This        decision to not adopt the new edi-            ment to §192.63 stated that the ref-
approach would recognize and cap-           tion in response to these comments.           erence was retained due to tempera-
ture the other improvements in the               PHMSA is supportive of                   ture marking of fittings. The 1999
2006 edition.                               NFPA's efforts on standards and               edition of ASTM D2513 restored
     NFPA further stated that the           safety research and believes its              the temperature marking require-
2001 edition of NFPA 59A incor-             work is beneficial to the public. We          ments for fittings.
porates by reference 70 other tech-         encourage NFPA and its members                     PHMSA response: PHMSA
nical standards of which all but            to continuously improve its NFPA              has made no change in the response
three have been superseded or re-           59A standard and ensure that new              to these comments. PHMSA appre-
moved. Some of the standards were           revisions are complete, properly              ciates the work of the ASTM
discontinued and are no longer for          justified, and adequately explained           Committee F-17 and D20.10. There
sale. During the generation of an           to the public.                                are important issues that are being
updated edition, the technical                                                            finalized including the subject of
committee does not consider the in-         Comment Topic 5: ASTM D2513-                  NAPSR Resolution SR-2-01, mark-
terrelation of a provision in one           87 and ASTM D2513-99                          ing of materials. The resolution of
edition with related provisions in a                                                      these issues will impact ASTM
prior edition. Each edition stands                                                        D638, D2513-87, D2513-99,


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D2517, and F1055 standards. The-                   PHMSA response: The Gas                 Safety Standards Committee
se issues include but are not limited        Technology Institute (GTI) (for-              (TPSSC) and the Technical Haz-
to the review of:                            merly the Gas Research Institute)             ardous Liquid Pipeline Safety
 Revisions of material catego-              changed the title of this material.           Standards Committee (THLPSSC).
ries.                                        The contents of the software and              These are statutorily-mandated ad-
 PENT test duration for PA-11               the report have not changed.                  visory committees that advise
and PA-12 materials.                         PHMSA's purpose for this amend-               PHMSA about the technical feasi-
     Development process for new            ment is solely to reference the new           bility, reasonableness and cost-
materials.                                   title. The commenter's statements             effectiveness of its proposed regu-
     Review of existing standards           regarding performance criteria are            lations. At the meeting, PHMSA
for re-grind, quality assurance, and         beyond the scope of this rulemak-             discussed the comments received in
quality control due to recent fail-          ing. PHMSA is updating the title of           response to the NPRM. NFPA em-
ures.                                        this standard in the regulation to re-        phasized that small operators have
     Cyclic fatigue and long-term           flect the title currently used by GTI.        difficulty determining which re-
cyclic fatigue testing of plastic me-                                                      quirements of part 192 or NFPA
chanical appurtenances.                      Comment Topic 7: Web accessibil-              59A apply to them. The committee
     Need for new or modified               ity of standards.                             urged PHMSA to take action to
regulations or standards due to the                                                        work out the issues presented by
impact of new materials.                          The Oklahoma Independent                 NFPA, ASME, GPTC, and/or State
     Impact of findings from                Petroleum Association stated that             Industry Regulatory Review Com-
Standard Dimension Ratio and side            the costs to smaller oil and gas op-          mittee (SIRRC), a committee com-
wall fusion Research and Devel-              erators to purchase the updated               prised of state and federal pipeline
opment programs.                             standards and to identify and assess          safety regulators, AGA and APGA
      PHMSA will address South-              all regulatory compliance require-            formed to coordinate issues pertain-
west Gas and AGA's request for a             ments are burdensome. They re-                ing to part 192.
Stay of Enforcement separately               quested that PHMSA place the ap-                   With the exception of NFPA's
from this rulemaking. The special            plicable reference documents on its           abstention, the committees voted
permit process offers operators an           web site for easy access.                     unanimously that the NPRM was
existing mechanism to request an                  PHMSA response: PHMSA                    technically feasible, reasonable,
extension from the current storage           regrets that we are prohibited from           practicable, and cost effective.
requirements for polyethylene (PE)           posting the technical standards to            Since the NPRM included pro-
pipe.                                        our web site as most standards have           posed changes to the NFPA stand-
      PHMSA has considered these             copyright protection. All incorpo-            ards, the NFPA abstained from vot-
comments but has not changed its             rated materials are available for in-         ing in accordance with its bylaws.
decision to not adopt the more re-           spection in the Office of Pipeline            A transcript of the meeting is avail-
cent edition of ASTM D2513.                  Safety, Pipeline and Hazardous                able in the docket for this rulemak-
                                             Materials Safety Administration,              ing.
Comment Topic 6: LNGFIRE3                    1200 New Jersey Avenue, SE.,
                                             Washington, DC, 20590-0001,                   V. Summary of Final Rule
     Technology & Management                 202-366-4595, or at the National
Systems commented on the pro-                Archives and Records Administra-                    This final rule accepts the fol-
posal to replace GRI-89/0176                 tion (NARA), 202-741-6030, or go              lowing updated editions of tech-
“LNGFIRE: A Thermal Radiation                to                                            nical standards in parts 192, 193,
Model for LNG Fires” (June 29,               http://www.archives.gov/federal_re            195. PHMSA is also amending ti-
1990) with GTI -04/0032                      gister/code_of_federal_regulations            tles, dates, and references as appli-
LNGFIRE3: A Thermal Radiation                /ibr_                                         cable. Before describing each new-
Model for LNG Fires (2004). The              locations.html.                               ly incorporated standard, PHMSA
commenter recommended that in                     The incorporated materials are           is providing additional information
consideration of fire research con-          available from the respective or-             regarding the partial incorporation
ducted in the past three years,              ganizations listed in §192.7 (c)(1).          of NFPA 59A and the full incorpo-
PHMSA should reevaluate perfor-                                                            ration of several API standards.
mance criteria for fire models and           IV. Advisory Committee                              PHMSA will incorporate only
consider alternate models that have                                                        those sections of NFPA 59A,
been scientifically assessed, veri-               On December 9, 2009,                     “Standard for the Production, Stor-
fied, and validated to the Adminis-          PHMSA discussed the proposed                  age, and Handling of Liquefied
trator's approval.                           rule with the Technical Pipeline              Natural Gas (LNG)” (2006 edition)


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relating to ultrasonic inspection and          (API RP 5LW), “Transportation of              Referenced in 49 CFR 192.145(a);
seismic design requirements.                   Line Pipe on Barges and Marine                195.116(d).
PHMSA believes the NFPA 59A                    Vessels” (2nd edition, 1996) into
committee needs to reconcile dif-              Parts 192 and 195. This standard is            API Specification 12F, “Speci-
ferences relating to dispersion                referenced in §192.65(a) and in the           fication for Shop Welded Tanks for
analyses for vapor releases from               newly-created §195.207(a). API RP             Storage of Production Liquids
process and safety equipment; con-             5LW provides a standard for trans-            (11th edition, November 1, 1994,
tainers with liquid penetrations at            portation of certain API Specifica-           reaffirmed 2000, errata, February
grade; design spill cases for full             tion 5L steel line pipe by ship or            2007).
and double containment containers;             barge on both inland and marine               Replaces IBR: 11th edition, 1994
standards for impoundment sizing               waterways.                                    (reaffirmed, 2000);
for snow accumulation, severe                                                                Referenced in 49 CFR
weather, emergency depressuriza-               American Petroleum Institute (API)            195.132(b)(1); 195.205(b)(2);
tion, and fuel bunkering. Therefore,                                                         195.264(b)(1); 195.264(e)(1);
except for specified sections in the            ANSI/API Specification                      195.307(a); 195.565; 195.579(d).
2006 edition mentioned above,                  5L/ISO 3183, “Specification for
PHMSA will continue to reference               Line Pipe” (44th edition, 2007), in-           API Standard 510, “Pressure
NFPA 59A (2001 edition).                       cludes errata (January 2009) and              Vessel Inspection Code: In-
                                               addendum (February 2009).                     Service Inspection, Rating, Repair,
ANSI/API Specification 5L and API                   Replaces incorporated by ref-            and Alteration” (9th edition, June
Standard 1104                                  erence (IBR): API Specification               2006).
                                               5L, “Specification for Line Pipe”             Replaces IBR: 8th edition, 1997 in-
     In a Direct Final Rule (74 FR             (43rd edition and errata, 2004);              cluding Addenda 1 through 4;
17099) published on April 14,                       Referenced in 49 CFR                     Referenced in 49 CFR
2009, PHMSA incorporated by ref-               192.55(e); 192.112; 192.113; Item             195.205(b)(3); 195.432(c).
erence the 2007 editions of                    I, Appendix B to Part 192;
ANSI/API Specification 5L, “Spec-              195.106(b)(1)(i); 195.106(e),                  API Standard 620, “Design
ification for Line Pipe” and API               195.207(a).                                   and Construction of Large, Welded,
Standard 1104, “Welding of Pipe-                   API Recommended Practice                 Low-Pressure Storage Tanks,”
lines and Related Facilities.” How-            5L1 “Recommended Practice for                 (11th edition February 2008, ad-
ever, it did not eliminate the use of          Railroad Transportation of Line               dendum 1, March 2009).
the previously referenced editions             Pipe,” (6th Edition, 2002)                    Replaces IBR: 10th edition, 2002
of these standards. In this final rule,        IBR for the first time in 49 CFR              including addendum 1;
PHMSA eliminates the use of the                newly-created 195.207;                        Reference added in 49 CFR
previous editions of these stand-              Referenced in 49 CFR                          193.2101(b), 193. 2321(b)(2).
ards, API Specification 5L (43rd               192.65(a)(1); 195.207.                        Referenced in 49 CFR
edition and errata, 2004) and API                                                            195.132(b)(2); 195.205(b)(2);
Standard 1104 (19th edition, 1999,                 API Recommended Practice                 195.264(b)(1); 195.264(e)(3);
including errata October 31, 2001).            5LW, “Transportation of Line Pipe             195.307(b);
                                               on Barges and Marine Vessels”
API Recommended Practice                       (2nd edition, 1996, effective March            API Standard 650, “Welded
5L1/ISO 3183 & API Recommend-                  1, 1997).                                     Steel Tanks for Oil Storage” (11th
ed Practice 5LW                                IBR for the first time;                       edition, June 2007, addendum 1,
                                               Referenced in 49 CFR 192.65(b);               November 2008).
     PHMSA is incorporating by                 195.207(b).                                   Replaces IBR: 10th edition, 1998
reference API Recommended Prac-                                                              including Addenda 1-3;
tice 5L1/ISO 3183 “Specification                API Specification 6D/ISO                    Referenced in 49 CFR
for Line Pipe” (6th edition, 2002)             14313, “Specification for Pipeline            195.132(b)(3); 195.205(b)(1);
into the newly-created §195.207.               Valves” (23rd edition (April 2008,            195.264(b)(1); 195.264(e)(2);
This standard provides a standard              effective October 1, 2008) and er-            195.307; 195.307(d); 195.565;
for hazardous liquid operators for             rata 3 (includes 1 & 2, February              195.579(d).
the transportation of certain API              2009).                                         ANSI/API Recommended
Specification 5L steel line pipe by            Replaces IBR: API Specification               Practice 651, “Cathodic Protection
railroad.                                      6D “Pipeline Valves” (22nd edi-               of Aboveground Petroleum Storage
     PHMSA is also incorporating               tion, January 2002);                          Tanks” (3rd edition, January 2007).
API Recommended Practice 5LW


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Replaces IBR: 2nd edition, De-              and Stray Currents” (7th edition,             Replaces IBR: 2003 edition;
cember 1997;                                January 2008).                                Referenced in 49 CFR
Referenced in 49 CFR 195.565;               Replaces IBR: 6th edition, 1998;              192.177(b)(1).
195.579(d).                                 Referenced in 49 CFR 195.405(a).               ASTM A381-96 (Reapproved
 ANSI/API Recommended                       API Publication 2026, “Safe                 2005), “Standard Specification for
Practice 652, “Linings of Above-            Access/Egress Involving Floating              Metal-Arc-Welded Steel Pipe for
ground Petroleum Storage Tank               Roofs of Storage Tanks in Petrole-            Use with High-Pressure Transmis-
Bottoms” (3rd edition, October              um Service” (2nd edition, April               sion Systems” (October 1, 2005).
2005).                                      1998, reaffirmed, June 2006).                 Replaces IBR: 1996 edition; reap-
Replaces IBR: 2nd edition, De-              Replaces IBR: 2nd edition, 1998;              proved 2001;
cember 1997;                                Referenced in 49 CFR 195.405(b).              Referenced in 49 CFR 192.113,
Referenced in 49 CFR 195.579(d).             API Recommended Practice                    Item I, Appendix B to Part 192;
 API Standard 653, “Tank In-               2350, “Overfill Protection for Stor-          195.106(e).
spection, Repair, Alteration, and           age Tanks in Petroleum Facilities”             ASTM A671-06, “Standard
Reconstruction” (3rd edition, De-           (3rd edition, January 2005).                  Specification for Electric-
cember 2001, includes addendum 1            Replaces IBR: 2nd edition, 1996;              Fusion-Welded Steel Pipe for At-
(September 2003), addendum 2                Referenced in 49 CFR 195.428(c).              mospheric and Lower Tempera-
(November 2005), addendum 3                                                               tures” (May 1, 2006).
(February 2008), and errata (April          American Society of Civil Engi-               Replaces IBR: 2004 edition;
2008).                                      neers (ASCE):                                 Referenced in 49 CFR 192.113,
Replaces IBR: 3rd edition, 2001                                                           Item I, Appendix B to Part 192;
including addendum 1, 2003;                  ASCE/SEI 7-05, “Minimum                     195.106(e).
Referenced in 49 CFR                        Design Loads for Buildings and                 ASTM A672-08, “Standard
195.205(b)(1); 195.432(b).                  Other Structures” (2005 edition, in-          Specification for Electric-
 API Standard 1104, “Welding               cludes supplement number 1 and                Fusion-Welded Steel Pipe for
of Pipelines and Related Facilities”        errata)                                       High-Pressure Service at Moderate
(20th edition November 2005, erra-          Replaces IBR: 2002 edition;                   Temperatures” (May 1, 2008).
ta/addendum (July 2007) and errata          Referenced in 49 CFR                          Replaces IBR: 1996 edition; reap-
2 (2008)).                                  193.2067(b)(1).                               proved 2001;
Replaces IBR: 19th edition, 1999,                                                         Referenced in 49 CFR 192.113,
including errata October 31, 2001;          American Society for Testing and              Item I, Appendix B to Part 192;
Referenced in 49 CFR 192.225;               Materials (ASTM):                             195.106(e).
192.227(a); 192.229(c)(1);                                                                 ASTM A691-98 (reapproved
192.241(c); Item II, Appendix B;             ASTM A53/A53M-07 (2007),                    2007), “Standard Specification for
195.222(a); 195.228(b);                     “Standard Specification for Pipe,             Carbon and Alloy Steel Pipe, Elec-
195.214(a).                                 Steel, Black and Hot-Dipped, Zinc-            tric-Fusion-Welded for High-
 API Recommended Practice                  Coated, Welded and Seamless”                  Pressure Service at High Tempera-
1130, “Computational Pipeline               (September 1, 2007).                          tures” (November 1, 2007).
Monitoring for Liquids Pipeline             Replaces IBR: 2004 edition;                   Replaces IBR: 1998 edition, reap-
Segment” (3rd edition, September            Referenced in 49 CFR 192.113;                 proved 2002;
2007).                                      Item I, Appendix B to Part 192;               Referenced in 49 CFR 192.113,
Replaces IBR: 2nd edition, 2002;            195.106(e).                                   Item I, Appendix B to Part 192;
Referenced in 49 CFR 195.134;                   ASTM A106/A106M-08                       195.106(e).
195.444.                                    (2008), “Standard Specification for           ASME International (ASME)
 API Standard 2000, “Venting               Seamless Carbon Steel Pipe for                 ANSI/ASME B16.1 -2005,
Atmospheric and Low-Pressure                High-Temperature Service” (July               “Gray Iron Pipe Flanges and
Storage Tanks Nonrefrigerated and           15, 2008).                                    Flanged Fittings: (Classes 25, 125,
Refrigerated” (5th edition, April           Replaces IBR: 2004 edition;                   and 250)” (August 31, 2006).
1998, errata, November 15, 1999).           Referenced in 49 CFR 192.113;                 Replaces IBR: ASME B16.1-1998
Replaces IBR: 5th edition, April            Item I, Appendix B to Part 192;               “Cast Iron Pipe Flanges and
1998;                                       195.106(e).                                   Flanged Fittings” 1998 edition;
Referenced in 49 CFR                         ASTM A372/A372M-03 (re-                     Referenced in 49 CFR 192.147(c).
195.264(e)(2); 195.264(e)(3).               approved 2008), “Standard Specifi-             ANSI/ASME B16.9 -2007,
 API Recommended Practice                  cation for Carbon and Alloy Steel             “Factory-Made Wrought Butt
2003, “Protection Against Ignitions         Forgings for Thin-Walled Pressure             Welding Fittings” (December 7,
Arising Out of Static, Lightning,           Vessels” (March 1, 2008).                     2007).

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Replaces IBR: 2003 edition (Feb-            Operators (2007 edition, July 1,              192.925(b)(iv); 192.925(b)(4) In-
ruary 2004);                                2007).                                        troductory text; 192.925(b)(4)(ii);
Referenced in 49 CFR 195.118(a).            Replaces IBR: 2004 edition, in-               192.931(d); 192.935(b)(1)(iv);
 ANSI/ASME B31.4 -2006,                    cluding addenda through July 1,               192.939(a)(2); 195.588.
“Pipeline Transportation Systems            2005;
for Liquid Hydrocarbons and Other           Referenced in 49 CFR 192.227(a);              National Fire Protection Associa-
Liquids” (October 20, 2006).                Item II, Appendix B to Part 192;              tion (NFPA)
Replaces IBR: 2002 edition (Octo-           195.222(a).                                    NFPA 30, “Flammable and
ber 2002);                                                                                Combustible Liquids Code” (2008
Referenced in 49 CFR                        Gas Technology Institute (GTI)                edition, approved August 15,
195.452(h)(4)(i).                            GTI-04/0032 LNGFIRE3: A                     2007).
 ANSI/ASME B31.8 -2007,                    Thermal Radiation Model for LNG               Replaces IBR: 2003 edition;
“Gas Transmission and Distribution          Fires (March 2004).                           Referenced in 49 CFR 192.735(b);
Piping Systems” (November 30,               Replaces IBR: GRI-89/0176                     195.264(b)(1).
2007).                                      “LNGFIRE: A Thermal Radiation
Replaces IBR: 2003 edition (Feb-            Model for LNG Fires” (June 29,                 NFPA 59A, “Standard for the
ruary 2004);                                1990);                                        Production, Storage, and Handling
Referenced in 49 CFR                        Referenced in 49 CFR 193.2057(a).             of Liquefied Natural Gas (LNG)
192.619(a)(1)(i); 195.5(a)(1)(i);           Manufacturers Standardization So-             (2006 edition, approved August 18,
195.406(a)(1)(i).                           ciety of the Valve and Fittings In-           2005).
 2007 ASME Boiler & Pressure               dustry, Inc. (MSS)                            Partially Replaces IBR: 2001 edi-
Vessel Code, Section I: Rules for            MSS SP-44-2006, Standard                    tion;
Construction of Power Boilers               Practice, “Steel Pipeline Flanges”            Referenced in 49 CFR
(2007 edition, July 1, 2007).               (2006 edition).                               193.2101(b); 193.2321(b).
Replaces IBR: 2004 edition, in-             Replaces IBR: 1996 edition reaf-               NFPA 70 (2008), “National
cluding addenda through July 1,             firmed 2001;                                  Electrical Code” (NEC 2008) (Ap-
2005;                                       Referenced in 49 CFR 192.147(a).              proved August 15, 2007).
Referenced in 49 CFR 192.153(b).                                                          Replaces IBR: 2005 edition;
 2007 ASME Boiler & Pressure               NACE International (NACE)                     Referenced in 49 CFR 192.163(e);
Vessel Code, Section VIII, Divi-             NACE SP0169-2007, Standard                  192.189(c).
sion 1: Rules for Construction of           Practice, “Control of External Cor-
Pressure Vessels (2007 edition, Ju-         rosion on Underground or Sub-                 Plastics Pipe Institute, Inc. (PPI)
ly 1, 2007).                                merged Metallic Piping Systems”                PPI TR-3/2008
Replaces IBR: 2004 edition, in-             (reaffirmed March 15, 2007).                  HDB/HDS/PDB/SDB/MRS Poli-
cluding addenda through July 1,             Replaces IBR: NACE Standard                   cies (2008),”Policies and Proce-
2005;                                       RP0169-2002, “Control of External             dures for Developing Hydrostatic
Referenced in 49 CFR 192.153 (a);           Corrosion on Underground or                   Design Basis (HDB), Pressure De-
192.153(b); 192.165(b)(3);                  Submerged Metallic Piping Sys-                sign Basis (PDB), Strength Design
193.2321; 195.307(e).                       tems;”                                        Basis (SDB), and Minimum Re-
 2007 ASME Boiler & Pressure               Referenced in 49 CFR 195.571;                 quired Strength (MRS) Ratings for
Vessel Code, Section VIII, Divi-            195.573(a)(2).                                Thermoplastic Piping Materials or
sion 2: Alternative Rules, Rules for                                                      Pipe” (May 2008).
Construction of Pressure Vessels             NACE SP0502-2008, Standard                  Replaces IBR: 2004 edition;
(2007 edition, July 1, 2007).               Practice “Pipeline External Corro-            Referenced in 49 CFR 192.121.
Replaces IBR: 2004 edition, in-             sion Direct Assessment Methodol-
cluding addenda through July 1,             ogy” (reaffirmed March 20, 2008).             VI. Editorial Corrections and
2005;                                       Replaces IBR: NACE Standard                   Clarifications
Referenced in 49 CFR 192.153(b);            RP0502-2002 “Pipeline External
192.165(b)(3); 193.2321;                    Corrosion Direct Assessment                   Part 192
195.307(e).                                 Methodology;”
 2007 ASME Boiler & Pressure               Referenced in 49 CFR                          Section 192.3
Vessel Code, Section IX: Qualifi-           192.923(b)(1); 192.925(b) Intro-                   Section 192.3 defines terms
cation Standard for Welding and             ductory text; 192.925(b)(1);                  used throughout Part 192. PHMSA
Brazing Procedures, Welders,                192.925(b)(1)(ii); 192.925(b)(2)              will move the definitions, “active
Brazers, and Welding and Brazing            Introductory text; 192.925(b)(3) In-          corrosion,” “electrical survey” and
                                            troductory text; 192.925(b)(3)(ii);           “pipeline environment” from


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§192.465(e) to §192.3. This revi-            Part 193                                      within a reasonable time period
sion provides a broader applicabil-                                                        (unless an immediate hazard) ap-
ity of these terms to part 192 be-           Section 193.2101                              plies to conditions on pipelines not
cause these terms are also found in               PHMSA revises §193.2101 to               covered by §195.452. In this final
part 192, subparts I and O.                  incorporate by reference sections             rule, PHMSA revises this section to
                                             from the 2006 edition of NFPA                 make those requirements clearer.
Section 192.63                               59A pertaining to the seismic de-
     PHMSA corrects the notation             sign of stationary LNG storage                Section 195.432
to ASTM D2513 to ASTM D2513-                 tanks. Other sections from the 2001                PHMSA revises paragraph (b)
87 in §192.63 (a)(1) to clarify the          edition of NFPA 59A continue to               to eliminate the reference to Sec-
version incorporated is the 1987             be incorporated by reference as               tion 4 of API Standard 653. All
version and adds to the text “(in-           designated in §193.2013. Although             sections in API Standard 653 relat-
corporated by reference, see                 NFPA 59A (2006) incorporates by               ing to inspection of in-service at-
§192.7).”                                    reference the 1990 edition of API             mospheric and low-pressure steel
     PHMSA also corrects the nota-           Standard 620 for seismic design               aboveground breakout tanks are in-
tion to ASTM D2513 to ASTM                   PHMSA is instead incorporating by             corporated by reference.
D2513-99 in Sec. §192.123 (e)(2);            reference the most recent version of          Section 195.452
192.191(b); 192.281 (b)(2);                  API Standard 620 (11th edition,
192.283 (a)(1)(i) and Item 1, Ap-            addendum 1, 2009).                                 PHMSA revises paragraph
pendix B to clarify the version in-                                                        (h)(4)(i) to reflect new section
corporated is the 1999 version and           Section 193.2321                              numbering as specified in the up-
adds to the text “(Incorporated by                PHMSA clarifies the language             dated ANSI/ASME B31.4. The ref-
reference, see §192.7).”                     in §193.2321(a) to use the broader            erenced section is changed from
                                             terminology for nondestructive test-          “451.7” to “451.6.2.2 (b)”.
Section 192.145                              ing. PHMSA revises §193.2321(b)
     PHMSA revises paragraphs (d)            to incorporate the requirements in            VII. Rulemaking Analyses and
and (e) to use the same language as          the 2006 edition of NFPA 59A's for            Notices
ANSI/ASME B31.8, paragraph                   the ultrasonic examination of LNG
831.11(c) in referring to shell com-         tank welds for storage tanks with an          Statutory/Legal Authority for This
ponents. The revisions to paragraph          internal design pressure at or below          Rulemaking
(d) clarify the elements of a “shell         15 psig.
component.”                                                                                     This final rule is published un-
     PHMSA is also clarifying the            Part 195                                      der the authority of the Federal
materials allowed in certain valve                                                         Pipeline Safety Laws (49 U.S.C.
components used in compressor                Section 195.264                               60101 et seq.). Section 60102 au-
stations in response to the GPTC                 PHMSA adds to the text in                 thorizes the Secretary of Transpor-
petition. In paragraph (e), we clari-        195.264(e)(2); 195.264(e)(3) “(In-            tation to issue regulations govern-
fy that cast iron, malleable iron, or        corporated by reference, see                  ing design, installation, inspection,
ductile iron may be used in the              §195.3).”                                     emergency plans and procedures,
valve ball or plug. These materials                                                        testing, construction, extension, op-
may not be used in the pressure              Section 195.307                               eration, replacement, and mainte-
holding shell components (e.g.,                   PHMSA revises paragraph (c)              nance of pipeline facilities. Section
body, bonnet, cover, or end flange).         to reflect revised section numbering          60102(l) of the Federal Pipeline
                                             regarding pneumatic testing from              Safety Laws states that the Secre-
Section 192.711                              5.3 to 5.2 of API Standard 650.               tary shall, to the extent appropriate
     When the repair time condi-                                                           and practicable, update incorpo-
tions were implemented for Pipe-             Section 195.401                               rated industry standards that have
line Integrity Management in High                 When the repair time condi-              been adopted as part of the Federal
Consequence Areas (HCA), this                tions were implemented for Pipe-              pipeline safety regulations.
section was not modified to clarify          line Integrity Management in High
that the repair times for pipelines          Consequence Areas (HCA), this                 Privacy Act Statement
covered by §192.711 pertained on-            section was not modified to clarify
ly to non-integrity management re-           the repair times for pipelines cov-                Anyone may search the elec-
pairs. We are revising this section          ered by §195.452 (pipelines that              tronic form of all comments re-
to make that clearer.                        could affect an HCA). The re-                 ceived for any of our dockets. The
                                             quirement to repair a condition               Privacy Notice for comment sub-


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missions may be reviewed at                  tween the national government and             Unfunded Mandates Reform Act of
http://www.regulations.gov. You              the States, or the distribution of            1995
may review DOT's complete Priva-             power and responsibilities among
cy Act Statement in the Federal              the various levels of government.                  This final rule does not impose
Register published April 11, 2000            The final rule does not impose sub-           unfunded mandates under the Un-
(65 FR 19477) or you may visit               stantial direct compliance costs on           funded Mandates Reform Act of
http://DocketsInfo.dot.gov.                  State and local governments. This             1995. It does not result in costs of
Executive Order 12866--                      final regulation does not preempt             $100 million (adjusted for inflation
Regulatory Planning and Review               state law for intrastate pipelines.           currently estimated to be $132 mil-
and DOT Regulatory Policies and              Therefore, the consultation and               lion) or more in any one year to ei-
Procedures                                   funding requirements of Executive             ther State, local, or tribal govern-
     The final rule is not a signifi-        Order 13132 do not apply.                     ments, in the aggregate, or to the
cant regulatory action under Sec-                                                          private sector, and is the least bur-
tion 3(f) of Executive Order 12866           Executive Order 13175                         densome alternative that achieves
(58 FR 51735) and, therefore, was                                                          the objective of the final rule.
not subject to review by the Office               PHMSA analyzed this final
of Management and Budget. This               rule according to Executive Order             Paperwork Reduction Act
final rule is not significant under          13175 (“Consultation and Coordi-
the Regulatory Policies and Proce-           nation with Indian Tribal Govern-                 This final rule does not impose
dures of the Department of Trans-            ments”). The final rule does not              any new information collection re-
portation (44 FR 11034).                     significantly or uniquely affect the          quirements.
     PHMSA is incorporating by               communities of the Indian tribal
reference new editions of technical          governments or impose substantial             National Environmental Policy Act
standards in the Federal pipeline            direct compliance costs; thus, the
safety regulations. The final rule is        funding and consultation require-                  PHMSA analyzed this final
intended to enhance transportation           ments of Executive Order 13175 do             rule in accordance with the Nation-
safety and reduce the overall com-           not apply.                                    al Environmental Policy Act (42
pliance burden on the regulated in-                                                        U.S.C.4321-4375), the Council on
dustry.                                      Regulatory Flexibility Act                    Environmental Quality regulations
     Industry standards developed                                                          (40 CFR parts 1500-1508), and
and adopted by consensus generally                 Under the Regulatory Flexibil-          DOT Order 5610.1C, and has de-
are accepted and followed by the             ity Act (5 U.S.C. 601 et seq.),               termined that this action will not
industry; thus, their incorporation          PHMSA must consider whether                   significantly affect the quality of
by reference in the Federal pipeline         rulemaking actions would have a               the human environment. PHMSA
safety regulations assures that the          significant economic impact on a              examined alternatives in the NPRM
industry is not forced to comply             substantial number of small enti-             and did not receive any comments
with a different set of standards to         ties. This final rule ensures that            on this preliminary analysis.
accomplish the same safety goal.             pipeline operators are using the
Requiring regulatory compliance              most current editions of technical            Executive Order 13211
with standards such as the ASME,             standards incorporated by refer-
ASTM and API takes advantage of              ence. The final rule also improves                 Transporting gas affects the
established, well-defined and prov-          the clarity of several regulations.           nation's available energy supply.
en practices. Because we are adopt-          PHMSA believes that this final rule           However, this final rule is not a
ing industry consensus standards             impacts a substantial number of               “significant” energy action under
we expect compliance costs associ-           small entities but that this impact           Executive Order 13211. It is not a
ated with these regulatory changes           will be negligible. Based on the              significant regulatory action under
to be minimal.                               facts available about the expected            Executive Order 12866 and is not
                                             impact of this rulemaking, I certify,         likely to have a significant adverse
Executive Order 13132                        under Section 605 of the Regulato-            effect on the supply, distribution, or
                                             ry Flexibility Act (5 U.S.C. 605)             use of energy. Further, the Admin-
     PHMSA has analyzed this final           that this final rule will not have a          istrator of the Office of Information
rule under the principles and crite-         significant economic impact on a              and Regulatory Affairs has not des-
ria in Executive Order 13132                 substantial number of small enti-             ignated this rule as a significant en-
(“Federalism”). The final rule does          ties.                                         ergy action.
not have a substantial direct effect
on the States, the relationship be-


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Regulation Identifier Number                  2. In §192.3, definitions for
(RIN)                                        “Active corrosion”, “Electrical sur-
     A regulation identifier number          vey” and “pipeline environment”
(RIN) is assigned to each regulato-          are added in alphabetical order to
ry action listed in the Unified              read as follows:
Agenda of Federal Regulations.
The Regulatory Information Ser-
vice Center publishes the Unified            §192.3 Definitions
Agenda in April and October of
each year. The RIN number con-               *****
tained in the heading of this docu-               Active corrosion means con-
ment can be used to cross-reference          tinuing corrosion that, unless con-
this action with the Unified Agen-           trolled, could result in a condition
da.                                          that is detrimental to public safety.
                                             *****
List of Subjects                                  Electrical survey means a se-
                                             ries of closely spaced pipe-to-soil
49 CFR Part 192                              readings over pipelines which are
                                             subsequently analyzed to identify
    Incorporation by Reference,              locations where a corrosive current
Natural Gas, Pipeline safety.                is leaving the pipeline.
                                             *****
49 CFR Part 193                                   Pipeline environment includes
                                             soil resistivity (high or low), soil
     Incorporation by Reference,             moisture (wet or dry), soil contami-
Liquefied Natural gas, Pipeline              nants that may promote corrosive
safety.                                      activity, and other known condi-
                                             tions that could affect the probabil-
49 CFR Part 195                              ity of active corrosion.
                                             *****
    Anhydrous ammonia, Carbon
Dioxide, Incorporation by Refer-              3. In §192.7, paragraph (c)(2)
ence, Petroleum Pipeline safety.             is revised to read as follows:

0                                            §192.7 What documents are in-
 In consideration of the forego-            corporated by reference partly or
ing, PHMSA is amending 49 CFR                wholly in this part?
parts 192, 193, and 195 as follows:
                                             *****
PART 192--                                       (c) * * *
TRANSPORTATION OF                                (2) Documents incorporated
NATURAL AND OTHER GAS                        by reference.
BY PIPELINE: MINIMUM
FEDERAL SAFETY
STANDARDS

 1. The authority citation for
Part 192 continues to read as fol-
lows:

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




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                                            -
          Source and name of referenced material                                    49 CFR reference
A. Pipeline Research Council International (PRCI):              §§ 192.485(c);.192.933(a)(1); 192.933(d)(1)(i).
     (1) AGA Pipeline Research Committee, Project PR-3-
805, “A Modified Criterion for Evaluating the Remaining
Strength of Corroded Pipe,” (December 22, 1989). The
RSTRENG program may be used for calculating remaining
strength.
B. American Petroleum Institute (API):                          §§ 192.55(e); 192.112; 192.113; Item I, Appendix B to Part
     (1) ANSI/API Specification 5L/ISO 3183 “Specifica-         192.
tion for Line Pipe” (44th edition, 2007), includes erra-
ta(January 2009) and addendum (February 2009).
     (2) API Recommended Practice 5L1 “Recommended              § 192.65(a)(1).
Practice for Railroad Transportation of Line Pipe,” (6th Edi-
tion, July 2002).
     (3) API Recommended Practice 5LW, “Transportation          § 192.65(b).
of Line Pipe on Barges and Marine Vessels” (2nd edition,
December 1996, effective March 1, 1997).
     (4) ANSI/API Specification 6D, “Specification for          § 192.145(a).
Pipeline Valves” (23rd edition (April 2008, effective Octo-
ber 1, 2008) and errata 3 (includes 1 and 2, February 2009)).


    (5) API Recommended Practice 80, “Guidelines for the        §§ 192.8(a); 192.8(a)(1); 192.8(a)(2); 192.8(a)(3);
Definition of Onshore Gas Gathering Lines,” (1st edition,       192.8(a)(4).
April 2000).

     (6) API Standard 1104, “Welding of Pipelines and Re-       §§ 192.225; 192.227(a); 192.229(c)(1); 192.241(c); Item II,
lated Facilities” (20th edition, October 2005, erra-            Appendix B.
ta/addendum, (July 2007) and errata 2 (2008)).

     (7) API Recommended Practice 1162, “Public Aware-          §§ 192.616(a); 192.616(b); 192.616(c)
ness Programs for Pipeline Operators,” (1st edition, Decem-
ber 2003).

    (8) API Recommended Practice 1165 “Recommended              § 192.631(c)(1).
Practice 1165 “Recommended Practice for Pipeline SCADA
Displays,” (API RP 1165) (First edition (January 2007)).



C. American Society for Testing and Materials (ASTM):           §§ 192.113; Item I, Appendix B to Part 192.
    (1) ASTM A53/A53M-07, “Standard Specification for
Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded
and Seamless” (September 1, 2007).

     (2) ASTM A106/A106M-08, “Standard Specification            §§ 192.113; Item I, Appendix B to Part 192
for Seamless Carbon Steel Pipe for High-Temperature Ser-
vice” (July 15, 2008).

     (3) ASTM A333/A333M-05 (2005) “Standard Specifi-           §§ 192.113; Item I, Appendix B to Part 192.
cation for Seamless and Welded Steel Pipe for Low-
Temperature Service”.


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     (4) ASTM A372/A372M-03 (reapproved 2008),                 § 192.177(b)(1).
“Standard Specification for Carbon and Alloy Steel Forg-
ings for Thin-Walled Pressure Vessels” (March 1, 2008).

    (5) ASTM A381-96 (reapproved 2005), “Standard              §§ 192.113; Item I, Appendix B to Part 192.
Specification for Metal-Arc-Welded Steel Pipe for Use With
High-Pressure Transmission Systems” (October 1, 2005).



(6) ASTM A578/A578M-96 (re-approved 2001) “Standard            §§192.112(c)(2)(iii).
Specification for Straight-Beam Ultrasonic Examination of
Plain and Clad Steel Plates for Special Applications.”.
     (7) ASTM A671-06, “Standard Specification for Elec-       §§ 192.113; Item I, Appendix B to Part 192
tric-Fusion-Welded Steel Pipe for Atmospheric and Lower
Temperatures” (May 1, 2006).

     (8) ASTM A672-08, “Standard Specification for Elec-       §§ 192.113; Item I, Appendix B to Part 192
tric-Fusion-Welded Steel Pipe for High-Pressure Service at
Moderate Temperatures” (May 1, 2008).
     (9) ASTM A691-98 (reapproved 2007), “Standard             §§ 192.113; Item I, Appendix B to Part 192
Specification for Carbon and Alloy Steel Pipe, Electric-
Fusion-Welded for High-Pressure Service at High Tempera-
tures” (November 1, 2007).

     (10) ASTM D638-03 “Standard Test Method for Ten-          §§ 192.283(a)(3); 192.283(b)(1).
sile Properties of Plastics.”
     (11) ASTM D2513-87 “Standard Specification for            § 192.63(a)(1).
Thermoplastic Gas Pressure Pipe, Tubing, and Fittings.”
      (12) ASTM D2513-99 “Standard Specification for           §§ 192.123(e)(2); 192.191(b); 192.281(b)(2);
Thermoplastic Gas Pressure Pipe, Tubing, and Fittings.”        192.283(a)(1)(i); Item 1, Appendix B to Part 192.
     (13) ASTM D2517-00 “Standard Specification for Re-        §§ 192.191(a); 192.281(d)(1); 192.283(a)(1)(ii); Item I, Ap-
inforced Epoxy Resin Gas Pressure Pipe and Fittings.”          pendix B to Part 192
     (14) ASTM F1055-1998, “Standard Specification for         § 192.283(a)(1)(iii).
Electrofusion Type Polyethylene Fittings for Outside Diam-
eter Controller Polyethylene Pipe and Tubing.”.
D. ASME International (ASME):                                  § 192.147(c).
      (1) ASME/ANSI B16.1-2005, “Gray Iron Pipe Flanges
and Flanged Fittings: (Classes 25, 125, and 250)” (August
31, 2006).
     (2) ASME/ANSI B16.5-2003, “Pipe Flanges and               §§ 192.147(a); 192.279.
Flanged Fittings.” (October 2004).
     (3) ASME/ANSI B31G-1991 (Reaffirmed, 2004),               §§ 192.485(c); 192.933(a).
“Manual for Determining the Remaining Strength of Cor-
roded Pipelines.”.
     (4) ASME/ANSI B31.8-2007, “Gas Transmission and            § 192.619(a)(1)(i).
Distribution Piping Systems” (November 30, 2007).
(5) ASME/ANSI B31.8S-2004, “Supplement to B31.8 on             §§ 192.903(c); 192.907(b); 192.911 Introductory text;
Managing System Integrity of Gas Pipelines.”                   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);

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                                                                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 Code, Sec-         § 192.153(b).
tion I, “Rules for Construction of Power Boilers 2007”
(2007 edition, July 1, 2007).
     (7) 2007 ASME Boiler & Pressure Vessel Code, Sec-          §§ 192.153(a); 192.153(b); 192.153(d); 192.165(b)(3).
tion VIII, Division 1, “Rules for Construction of Pressure
Vessels 2” (2007 edition, July 1, 2007).
     (8) 2007 ASME Boiler & Pressure Vessel Code, Sec-          §§ 192.153(b); 192.165(b)(3).
tion VIII, Division 2, “Alternative Rules, Rules for Con-
struction of Pressure Vessels” (2007 edition, July 1, 2007).

     (9) 2007 ASME Boiler & Pressure Vessel Code, Sec-          §§ 192.227(a); Item II, Appendix B to Part 192.
tion IX, “Welding and Brazing Procedures, Welders,
Brazers, and Welding and Brazing Operators” (2007 edi-
tion, July 1, 2007).

E. Manufacturers Standardization Society of the Valve and       § 192.147(a).
Fittings Industry, Inc. (MSS):
     (1) MSS SP-44-2006, Standard Practice, “Steel Pipeline
Flanges” (2006 edition).
      (2) [Reserved]
F. National Fire Protection Association (NFPA):                 § 192.735(b).
     (1) NFPA 30 (2008 edition, August 15 2007), “Flam-
mable and Combustible Liquids Code” (2008 edition; ap-
proved August 15, 2007).
     (2) NFPA 58 (2004), “Liquefied Petroleum Gas               §§ 192.11(a); 192.11(b); 192.11(c).
Code(LP-Gas Code)”
     (3) NFPA 59 (2004), “Utility LP-Gas Plant Code.”           §§ 192.11(a); 192.11(b); 192.11(c).
     (4) NFPA 70 (2008), “National Electrical Code” (NEC        §§ 192.163(e); 192.189(c).
2008) (Approved August 15, 2007).
G. Plastics Pipe Institute, Inc. (PPI):                         § 192.121.
     (1) PPI TR-3/2008 HDB/HDS/PDB/SDB/MRS Policies
(2008), “Policies and Procedures for Developing Hydrostat-
ic 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 Practice,           §§ 192.923(b)(1); 192.925(b) Introductory text;
“Pipeline External Corrosion Direct Assessment Methodol-        192.925(b)(1); 192.925(b)(1)(ii); 192.925(b)(2) Introducto-
ogy” (reaffirmed March 20, 2008).                               ry 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):                              § 192.927(c)(2).
     (1) GRI 02/0057 (2002) “Internal Corrosion Direct As-
sessment of Gas Transmission Pipelines Methodology.”.




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                                                transported by ship or barge on               iron, malleable iron, or ductile iron
 4. In §192.63, paragraph (a)(1)               both inland and marine waterways              may be used in the gas pipe com-
is revised to read as follows:                  unless the transportation is per-             ponents of compressor stations.
                                                formed in accordance with API
§192.63 Marking of materials.                   Recommended Practice 5LW (in-                  9. Section 192.191 is revised
     (a) Except as provided in para-            corporated by reference, see                  to read as follows:
graph (d) of this section, each                 §192.7).
valve, fitting, length of pipe, and                                                           §192.191 Design pressure of
other component must be marked--                §192.121 [Amended].                           plastic fittings.
     (1) As prescribed in the speci-                                                               (a) Thermosetting fittings for
fication or standard to which it was             6. In §192.121, under “S=“,                 plastic pipe must conform to
manufactured, except that thermo-               the words “PPI TR-3/2004” are                 ASTM D 2517, (incorporated by
plastic fittings must be marked in              removed and the words “PPI TR-                reference, see §192.7).
accordance with ASTM D2513-87                   3/2008” are added in their place.                  (b) Thermoplastic fittings for
(incorporated by reference, see                                                               plastic pipe must conform to
§192.7);                                         7. In §192.123, paragraphs (e)              ASTM D 2513-99, (incorporated
*****                                           introductory text, (e)(1) and (2) are         by reference, see §192.7).
                                                revised to read as follows:
 5. Section 192.65 is revised to                                                              10. In §192.281, paragraphs
read as follows:                                                                              (a) and (b) are revised to read as
                                                §192.123 Design limitations for               follows:
§192.65 Transportation of pipe.                 plastic pipe.
       (a) Railroad. In a pipeline to                                                         §192.281 Plastic pipe
be operated at a hoop stress of 20              *****
percent or more of SMYS, an oper-                    (e) The design pressure for                   (a) General. A plastic pipe
ator may not use pipe having an                 thermoplastic pipe produced after             joint that is joined by solvent ce-
outer diameter to wall thickness ra-            July 14, 2004 may exceed a gauge              ment, adhesive, or heat fusion may
tio of 70 to 1, or more, that is                pressure of 100 psig (689 kPa) pro-           not be disturbed until it has proper-
transported by railroad unless:                 vided that:                                   ly set. Plastic pipe may not be
       (1) The transportation is per-                (1) The design pressure does             joined by a threaded joint or miter
formed in accordance with API                   not exceed 125 psig (862 kPa);                joint.
Recommended Practice 5L1 (in-                        (2) The material is a PE2406                  (b) Solvent cement joints. Each
corporated by reference, see                    or a PE3408 as specified within               solvent cement joint on plastic pipe
§192.7).                                        ASTM D2513-99 (incorporated by                must comply with the following:
       (2) In the case of pipe trans-           reference, see §192.7);                            (1) The mating surfaces of the
ported before November 12, 1970,                *****                                         joint must be clean, dry, and free of
the pipe is tested in accordance                                                              material which might be detri-
with Subpart J of this Part to at                8. In §192.145, the first sen-              mental to the joint.
least 1.25 times the maximum al-                tence in paragraph (d) introductory                (2) The solvent cement must
lowable operating pressure if it is to          text and paragraph (e) are revised            conform to ASTM D2513-99, (in-
be installed in a class 1 location              to read as follows:                           corporated by reference, see
and to at least 1.5 times the maxi-                                                           §192.7).
mum allowable operating pressure                §192.145 Valves.                                   (3) The joint may not be heat-
if it is to be installed in a class 2, 3,                                                     ed to accelerate the setting of the
or 4 location. Notwithstanding any              *****                                         cement.
shorter time period permitted under                  (d) No valve having shell                *****
Subpart J of this Part, the test pres-          (body, bonnet, cover, and/or end
sure must be maintained for at least            flange) components made of ductile             11. In §192.283, paragraph (a)
8 hours.                                        iron may be used at pressures ex-             is revised to read as follows:
       (b) Ship or barge. In a pipeline         ceeding 80 percent of the pressure
to be operated at a hoop stress of              ratings for comparable steel valves
20 percent or more of SMYS, an                  at their listed temperature. * * *            §192.283 Plastic pipe: Qualifying
operator may not use pipe having                     (e) No valve having shell                joining procedures.
an outer diameter to wall thickness             (body, bonnet, cover, and/or end
ratio of 70 to 1, or more, that is              flange) components made of cast


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      (a) Heat fusion, solvent ce-             the joint area, the procedure quali-          on its pipeline system according to
ment, and adhesive joints. Before              fies for use.                                 the following:
any written procedure established              *****                                              (1) Non integrity management
under §192.273(b) is used for mak-                                                           repairs: The operator must make
ing plastic pipe joints by a heat fu-           12. In §192.465, paragraph (e)              permanent repairs as soon as feasi-
sion, solvent cement, or adhesive              is revised to read as follows:                ble.
method, the procedure must be                                                                     (2) Integrity management re-
qualified by subjecting specimen               §192.465 External corrosion                   pairs: When an operator discovers a
joints made according to the proce-            control: Monitoring                           condition on a pipeline covered un-
dure to the following tests:                                                                 der Subpart O-Gas Transmission
      (1) The burst test requirements          *****                                         Pipeline Integrity Management, the
of--                                                (e) After the initial evaluation         operator must remediate the condi-
      (i) In the case of thermoplastic         required by Sec. §192.455(b) and              tion as prescribed by §192.933(d).
pipe, paragraph 6.6 (sustained pres-           (c) and 192.457(b), each operator                  (c) Welded patch. Except as
sure test) or paragraph 6.7 (Mini-             must, not less than every 3 years at          provided in §192.717(b)(3), no op-
mum Hydrostatic Burst Test) or                 intervals not exceeding 39 months,            erator may use a welded patch as a
paragraph 8.9 (Sustained Static                reevaluate its unprotected pipelines          means of repair.
pressure Test) of ASTM D2513-99                and cathodically protect them in
(incorporated by reference, see                accordance with this subpart in are-          Sec. §192.923, 192.925, 192.931,
§192.7);                                       as in which active corrosion is               192.935, and 192.939 [Amend-
      (ii) In the case of thermosetting        found. The operator must deter-               ed]
plastic pipe, paragraph 8.5 (Mini-             mine the areas of active corrosion
mum Hydrostatic Burst Pressure)                by electrical survey. However, on              14. In 49 CFR part 192 the
or paragraph 8.9 (Sustained Static             distribution lines and where an               words “NACE RP0502-2002” or
Pressure Test) of ASTM D2517                   electrical survey is impractical on           “NACE RP 0502-2002” are re-
(incorporated by reference, see                transmission lines, areas of active           moved and the words “NACE
§192.7); or                                    corrosion may be determined by                SP0502-2008” are added in their
      (iii) In the case of electrofusion       other means that include review               place in the following places:
fittings for polyethylene (PE) pipe            and analysis of leak repair and in-            a. Section 192.923(b)(1);
and tubing, paragraph 9.1 (Mini-               spection records, corrosion moni-              b. Section 192.925(b) intro-
mum Hydraulic Burst Pressure                   toring records, exposed pipe in-              ductory text, 192.925(b)(1),
Test), paragraph 9.2 (Sustained                spection records, and the pipeline            192.925 (b)(1)(ii), 192.925 (b)(2)
Pressure Test), paragraph 9.3 (Ten-            environment.                                  introductory text, 192.925 (b)(3)
sile Strength Test), or paragraph                                                            introductory text, 192.925(b)(3)(ii),
9.4 (Joint Integrity Tests) of ASTM             13. Section 192.711 is revised              192.925(b)(iv), 192.925(b)(4) in-
Designation F1055 (incorporated                to read as follows:                           troductory text, and
by reference, see §192.7).                                                                   192.925(b)(4)(ii);
      (2) For procedures intended              §192.711 Transmission lines:                  0
for lateral pipe connections, subject          General requirements for repair                c. Section 192.931(d);
a specimen joint made from pipe                procedures.                                    d. Section 192.935(b)(1)(iv);
sections joined at right angles ac-                                                          and
cording to the procedure to a force                  (a) Temporary repairs. Each              e. Section 192.939(a)(2).
on the lateral pipe until failure oc-          operator must take immediate tem-
curs in the specimen. If failure ini-          porary measures to protect the pub-           Appendix B to Part 192 [Amend-
tiates outside the joint area, the             lic whenever:                                 ed]
procedure qualifies for use; and                     (1) A leak, imperfection, or
      (3) For procedures intended              damage that impairs its serviceabil-           15. In Appendix B to Part 192,
for non-lateral pipe connections,              ity is found in a segment of steel            in section I, the phrase “ASTM
follow the tensile test requirements           transmission line operating at or             D2513” is revised to read “ASTM
of ASTM D638 (incorporated by                  above 40 percent of the SMYS; and             D2513-99”
reference, see §192.7), except that                  (2) It is not feasible to make a
the test may be conducted at ambi-             permanent repair at the time of dis-          PART 193--LIQUEFIED
ent temperature and humidity If the            covery.                                       NATURAL GAS FACILITIES:
specimen elongates no less than 25                   (b) Permanent repairs. An op-           FEDERAL SAFETY
percent or failure initiates outside           erator must make permanent repairs            STANDARDS



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 16. The authority citation for            60109, 60110, 60113, 60118; and               §193.2013 Incorporation by ref-
Part 193 continues to read as fol-          49 CFR 1.53.                                  erence.
lows:
                                             17. In §193.2013, paragraph
    Authority: 49 U.S.C. 5103,              (c) is revised to read as follows:
60102, 60103, 60104, 60108,




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    (c) Documents incorporated by reference.

           Source and name of referenced material                                  49 CFR Reference
A. American Gas Association (AGA):                              §§ 193.2513; 193.2517; 193.2615.
     (1) “Purging Principles and Practices” (3rd edition,
2001).
B. American Petroleum Institute (API):
     (1) API Standard 620 “Design and Construction of           §§ 193.2101(b); 193.2321(b)(2).
Large, Welded, Low-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 Loads for                § 193.2067(b)(1).
Buildings and Other Structures” (2005 edition, includes
supplement No. 1 and Errata).
D. ASME International (ASME):
     (1) 2007 ASME Boiler & Pressure Vessel Code, Sec-          § 193.2321(a).
tion VIII, Division 1, “Rules for Construction of Pressure
Vessels” (2007 edition, July 1, 2007).
     (2) 2007 ASME Boiler & Pressure Vessel Code, Sec-          § 193.2321(a).
tion VIII, Division 2, “Alternative Rules, Rules for Con-
struction of Pressure Vessels” (2007 edition, July 1, 2007).
E. Gas Technology Institute (GTI) formerly the Gas Re-
search Institute (GTI):                                         § 193.2057(a).
     (1) GTI-04/0032 LNGFIRE3: A Thermal Radiation
Model for LNG Fires (March 2004).
     (2) GTI-04/0049 (April 2004) “LNG Vapor Dispersion         § 193.2059.
Prediction with the DEGADIS 2.1: Dense Gas Dispersion
Model For LNG Vapor Dispersion”.
     (3) GRI-96/0396.5 “Evaluation of Mitigation Methods        § 193.2059.
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 Production,         §§ 193.2019; 193.2051; 193.2057; 193.2059; 193.2101(a);
Storage, and Handling of Liquefied Natural Gas (LNG)”.          193.2301; 193.2303; 193.2401; 193.2521; 193.2639;
                                                                193.2801
    (2) NFPA 59A, “Standard for the Production, Storage,        §§ 193.2101(b); 193.2321(b).
and Handling of       Liquefied Natural Gas (LNG)”
(2006 edition, Approved August 18, 2005).




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 18. In §193.2057, paragraph                 7.2.2 of NFPA 59A (2006) (incor-              nation of welds against a calibra-
(a) is revised to read as follows:            porated by reference, see                     tion standard. If the ultrasonic
                                              §193.2013) for seismic design of              equipment is found to be out of cal-
§193.2057 Thermal radiation                   field fabricated tanks. All other             ibration, all previous weld inspec-
protection.                                   LNG storage tanks must comply                 tions that are suspect must be reex-
                                              with API Standard 620 (incorpo-               amined.
*****                                         rated by reference, see §193.2013)
      (a) The thermal radiation dis-          for seismic design.                           PART 195--
tances must be calculated using Gas                                                         TRANSPORTATION OF
Technology Institute's (GTI) report            21. Section 193.2321 is re-                 HAZARDOUS LIQUIDS BY
or computer model GTI-04/0032                 vised to read as follows:                     PIPELINE
LNGFIRE3: A Thermal Radiation
Model for LNG Fires (incorporated             §193.2321 Nondestructive tests.                22. The authority citation for
by reference, see §193.2013). The                                                           Part 195 continues to read as fol-
use of other alternate models which                (a) The butt welds in metal              lows:
take into account the same physical           shells of storage tanks with internal
factors and have been validated by            design pressure above 15 psig must                Authority: 49 U.S.C. 5103,
experimental test data may be per-            be nondestructively examined in               60102, 60104, 60108, 60109,
mitted subject to the Administra-             accordance with the ASME Boiler               60116, 60118 and 60137; and 49
tor's approval.                               and Pressure Vessel Code (Section             CFR 1.53.
*****                                         VIII Division 1) (incorporated by
                                              reference, see §193.2013), except              23. In §195.3, paragraph (c) is
 19. In §193.2067, paragraph                 that 100 percent of welds that are            revised to read as follows:
(b)(1) is revised to read as follows:         both longitudinal (or meridional)
                                              and circumferential (or latitudinal)          §195.3 Incorporation by refer-
§193.2067 Wind forces.                        of hydraulic load bearing shells              ence.
                                              with curved surfaces that are sub-
*****                                         ject to cryogenic temperatures must           *****
     (b) * * *                                be nondestructively examined in                    (c) The full titles of publica-
     (1) For shop fabricated con-             accordance with the ASME Boiler               tions incorporated by reference
tainers of LNG or other hazardous             and Pressure Vessel Code (Section             wholly or partially in this part are
fluids with a capacity of not more            VIII Division 1) (incorporated by             as follows. Numbers in parentheses
than 70,000 gallons, applicable               reference, see §193.2013).                    indicate applicable editions:
wind load data in ASCE/SEI 7-05                    (b) For storage tanks with in-
(incorporated by reference, see               ternal design pressures at 15 psig or
§193.2013).                                   less, ultrasonic examinations of
*****                                         welds on metal containers must
                                              comply with the following:
 20. Section 193.2101 is re-                      (1) Section 7.3.1.2 of NFPA
vised to read as follows:                     59A (2006) (incorporated by refer-
                                             ence, see §193.2013);
§193.2101 Scope.                                   (2) Appendices Q and C of
                                              API 620 Standard (incorporated by
     (a) Each LNG facility designed           reference, see §193.2013);
after March 31, 2000 must comply                   (c) Ultrasonic examination
with requirements of this Part and            records must be retained for the life
of NFPA 59A (2001) (incorporated              of the facility. If electronic records
by reference, see §193.2013). If              are kept, they must be retained in a
there is a conflict between this Part         manner so that they cannot be al-
and NFPA 59A, this Part prevails.             tered by any means; and
Unless otherwise specified, all ref-               (d) The ultrasonic equipment
erences to NFPA 59A in this Part              used in the examination of welds
are to the 2001 edition.                      must be calibrated at a frequency
     (b) Stationary LNG storage               no longer than eight hours. Such
tanks must comply with Section                calibrations must verify the exami-


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           Source and name of referenced material                                     49 CFR reference
A. Pipeline Research Council International, Inc. (PRCI):
     (1) AGA Pipeline Research Committee, Project PR-3-         §§ 195.452(h)(4)(i)(B); 195.452(h)(4)(iii)(D); 195.587.
805, “A Modified Criterion for Evaluating the Remaining
Strength of Corroded Pipe,” (December 22, 1989). The
RSTRENG program may be used for calculating remaining
strength.
B. American Petroleum Institute (API):
     (1) ANSI/API Specification 5L/ISO 3183, “Specifica-        §§ 195.106(b)(1)(i); 195.106(e).
tion for Line Pipe” (44th edition, October 2007, including
errata (January 2009) and addendum (February 2009)).
     (2) API Recommended Practice 5L1, “Recommended             § 195.207(a).
Practice for Railroad Transportation of Line Pipe” (6th edi-
tion, July 2002).
     (3) API Recommended Practice 5LW, “Transportation          § 195.207(b).
of Line Pipe on Barges and Marine Vessels” (2nd edition,
December 1996, effective March 1, 1997).
     (4) ANSI/API Specification 6D, “Specification for          § 195.116(d).
Pipeline Valves” (23rd edition, April 2008, effective Octo-
ber 1, 2008) and errata 3 (includes 1 & 2 (2009).
     (5) API Specification 12F, “Specification for Shop         §§ 195.132(b)(1); 195.205(b)(2); 195.264(b)(1);
Welded Tanks for Storage of Production Liquids” (11th edi-      195.264(e)(1); 195.307(a); 195.565; 195.579(d).
tion, November 1, 1994, reaffirmed 2000, errata, February
2007).
     (6) API Standard 510, “Pressure Vessel Inspection          §§ 195.205(b)(3); 195.432(c).
Code: In-Service Inspection, Rating, Repair, and Alteration”
(9th edition, June 2006).
     (7) API Standard 620, “Design and Construction of          §§ 195.132(b)(2); 195.205(b)(2); 195.264(b)(1);
Large, Welded, Low-Pressure Storage Tanks” (11th edition,       195.264(e)(3); 195.307(b).
February 2008, addendum 1 March 2009).

     (8) API Standard 650, “Welded Steel Tanks for Oil          §§ 195.132(b)(3); 195.205(b)(1);
Storage” (11th edition, June 2007, addendum 1, November         195.264(b)(1);195.264(e)(2); 195.307(c) 195.307(d);
2008).                                                          195.565; 195.579(d).
     (9) ANSI/API Recommended Practice 651, “Cathodic           §§ 195.565; 195.579(d).
Protection of Aboveground Petroleum Storage Tanks” (3rd
edition, January 2007).
     (10) ANSI/API Recommended Practice 652, “Linings           § 195.579(d).
of Aboveground Petroleum Storage Tank Bottoms” (3rd
edition, October 2005).
     (11) API Standard 653, “Tank Inspection, Repair, Al-       §§ 195.205(b)(1); 195.432(b).
teration, and Reconstruction” (3rd edition, December 2001,
includes addendum 1 (September 2003), addendum 2 (No-
vember 2005), addendum 3 (February 2008), and errata
(April 2008)).
     (12) API Standard 1104, “Welding of Pipelines and Re-      §§ 195.222(a); 195.228(b); 195.214(a).
lated Facilities” (20th edition, October 2005, erra-
ta/addendum (July 2007), and errata 2 December 2008)).
     (13) API Recommended Practice 1130, “Computational         §§ 195.134; 195.444.
Pipeline Monitoring for Liquids: Pipeline Segment” (3rd
edition, September 2007).
     (14) API Recommended Practice 1162, “Public Aware-         §§ 195.440(a); 195.440(b); 195.440(c).
ness Programs for Pipeline Operators” (1st edition, Decem-
ber 2003).
     (15) API Recommended Practice 1165, “Recommended           § 195.446(c)(1).

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Practice for Pipeline SCADA Displays,” (API RP 1165)
First Edition (January 2007).
     (16) API Standard 2000, “Venting Atmospheric and                               §§ 195.264(e)(2); 195.264(e)(3).
Low-Pressure Storage Tanks Nonrefrigerated and Refriger-
ated” (5th edition, April 1998, errata, November 15, 1999).
     (17) API Recommended Practice 2003, “Protection                                § 195.405(a).
Against Ignitions Arising Out of Static, Lightning, and Stray
Currents” (7th edition, January 2008).
     (18) API Publication 2026, “Safe Access/Egress In-                             § 195.405(b).
volving Floating Roofs of Storage Tanks in Petroleum Ser-
vice” (2nd edition, April 1998, reaffirmed June 2006).
     (19) API Recommended Practice 2350, “Overfill Pro-                             § 195.428(c).
tection for Storage Tanks In Petroleum Facilities”' (3rd edi-
tion, January 2005).
     (20) API 2510, “Design and Construction of LPG In-                             §§ 195.132(b)(3); 195.205(b)(3); 195.264(b)(2);
stallations” (8th edition, 2001).                                                   195.264(e)(4); 195.307(e); 195.428(c); 195.432(c).
     (21) API Recommended Practice 1168 “Pipeline Con-                              § 195.446(c)(5), (f)(1).
trol Room Management,” (API RP1168) First Edition
(September 2008).
C. ASME International (ASME):                                                       § 195.118(a).
     (1) ASME/ANSI B16.9-2007, “Factory-Made Wrought
Buttwelding Fittings” (December 7, 2007).
     (2) ASME/ANSI B31.4-2006, “Pipeline Transportation                             § 195.452(h)(4)(i).
Systems for Liquid Hydrocarbons and Other Liquids” (Oc-
tober 20, 2006).
     (3) ASME/ANSI B31G-1991 (Reaffirmed; 2004),                                    §§ 195.452(h)(4)(i)(B); 195.452(h)(4)(iii)(D).
“Manual for Determining the Remaining Strength of Cor-
roded Pipelines.”
     (4) ASME/ANSI B31.8-2007, “Gas Transmission and                                § 195.5(a)(1)(i); 195.406(a)(1)(i).
Distribution Piping Systems” (November 30, 2007).
     (5) 2007 ASME Boiler & Pressure Vessel Code, Sec-                              § 195.124; 195.307(e).
tion VIII, Division 1 “Rules for Construction of Pressure
Vessels” (2007 edition, July 1, 2007).
     (6) 2007 ASME Boiler & Pressure Vessel Code, Sec-                              § 195.307(e).
tion VIII, Division 2 “Alternate Rules, Rules for Construc-
tion of Pressure Vessels” (2007 edition, July 1, 2007).
     (7) 2007 ASME Boiler & Pressure Vessel Code, Sec-                              § 195.222(a).
tion IX: “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):                                                      § 195.118(a).
     (1) MSS SP-75-2004, “Specification for High Test
Wrought Butt Welding Fittings.”.
      (2) [Reserved].............................................................
E. American Society for Testing and Materials (ASTM):
     (1) ASTM A53/A53M-07, “Standard Specification for                              § 195.106(e).
Pipe, Steel, Black and Hot-Dipped, Zinc-Coated Welded
and Seamless” (September 1, 2007).
     (2) ASTM A106/A106M-08, “Standard Specification                                § 195.106(e).
for Seamless Carbon Steel Pipe for High-Temperature Ser-
vice” (July 15, 2008).
     (3) ASTM A333/A 333M-05, “Standard Specification                               § 195.106(e).
for Seamless and Welded Steel Pipe for Low-Temperature
Service”.
     (4) ASTM A381-96 (Reapproved 2005), “Standard                                  § 195.106(e).

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                                                                               192-114


Specification for Metal-Arc-Welded Steel Pipe for Use
With High-Pressure Transmission Systems” (October 1,
2005).
      (5) ASTM A671-06, “Standard Specification for Elec-                            § 195.106(e).
tric-Fusion-Welded Steel Pipe for Atmospheric and Lower
Temperatures” (May 1, 2006).
      (6) ASTM A672-08, “Standard Specification for Elec-                            § 195.106(e).
tric-Fusion-Welded Steel Pipe for High-Pressure Service at
Moderate Temperatures” (May 1, 2008).
      (7) ASTM A691-98 (reapproved 2007), “Standard                                  § 195.106(e).
Specification for Carbon and Alloy Steel Pipe Electric-
Fusion-Welded for High- Pressure Service at High Temper-
atures.”
F. National Fire Protection Association (NFPA):
      (1) NFPA 30, “Flammable and Combustible Liquids                                § 195.264(b)(1).
Code” (2008 edition, approved August 15, 2007).
      (2) [Reserved]..............................................................
G. NACE International (NACE):
      (1) NACE SP0169-2007, Standard Practice, “Control                              §§ 195.571; 195.573(a)(2)
of External Corrosion on Underground or Submerged Me-
tallic Piping Systems” (reaffirmed March 15, 2007).
      (2) NACE SP0502-2008, Standard Practice, “Pipeline                             § 195.588.
External Corrosion Direct Assessment Methodology” (reaf-
firmed March 20, 2008).




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*****                                             (e) For normal/emergency re-             12F and first placed in service after
 24. In §195.116, paragraph (d)             lief venting and pressure/vacuum-             October 2, 2000, pneumatic testing
is revised to read as follows:               relieving devices installed on                must be in accordance with section
                                             aboveground breakout tanks after              5.3 of API Specification 12 F (in-
§195.116 Valves.                             October 2, 2000, compliance with              corporated by reference, see
                                             paragraph (d) of this section re-             §195.3).
*****                                        quires the following for the tanks            *****
     (d) Each valve must be both             specified:                                         (c) For aboveground breakout
hydrostatically shell tested and hy-              (1) Normal/emergency relief              tanks built to API Standard 650
drostatically seat tested without            venting installed on atmospheric              (incorporated by reference, see
leakage to at least the requirements         pressure tanks built to API Specifi-          §195.3) and first placed in service
set forth in Section 11 of API               cation 12F (incorporated by refer-            after October 2, 2000, testing must
Standard 6D (incorporated by ref-            ence, see §195.3) must be in ac-              be in accordance with Section 5.2
erence, see §195.3).                         cordance with Section 4, and Ap-              of API Standard 650 (incorporated
*****                                        pendices B and C, of API Specifi-             by reference, see §195.3).
                                             cation 12F (incorporated by refer-            *****
 25. Add §195.207 to subpart D              ence, see §195.3).
to read as follows:                               (2) Normal/emergency relief               28. In §195.401, paragraph (b)
                                             venting installed on atmospheric              is revised to read as follows:
                                             pressure tanks (such as those built
§195.207 Transportation of pipe.             to API Standard 650 or its prede-             §195.401 General requirements.
                                             cessor Standard 12C) must be in
     (a) Railroad. In a pipeline op-         accordance with API Standard                  *****
erated at a hoop stress of 20 per-           2000 (incorporated by reference,                   (b) An operator must make re-
cent or more of SMYS, an operator            see §195.3).                                  pairs on its pipeline system accord-
may not use pipe having an outer                  (3) Pressure-relieving and               ing to the following requirements:
diameter to wall thickness ratio of          emergency vacuum-relieving de-                     (1) Non Integrity management
70 to 1, or more, that is transported        vices installed on low pressure               repairs. Whenever an operator dis-
by railroad unless the transportation        tanks built to API Standard 620               covers any condition that could ad-
is performed in accordance with              (incorporated by reference, see               versely affect the safe operation of
API Recommended Practice 5L1                 §195.3) must be in accordance with            its pipeline system, it must correct
(incorporated by reference, see              section 9 of API Standard 620 (in-            the condition within a reasonable
§195.3).                                     corporated by reference, see                  time. However, if the condition is
     (b) Ship or barge. In a pipeline        §195.3) and its references to the             of such a nature that it presents an
operated at a hoop stress of 20 per-         normal and emergency venting re-              immediate hazard to persons or
cent or more of SMYS, an operator            quirements in API Standard 2000               property, the operator may not op-
may not use pipe having an outer             (incorporated by reference, see               erate the affected part of the system
diameter to wall thickness ratio of          §195.3).                                      until it has corrected the unsafe
70 to 1, or more, that is transported             (4) Pressure and vacuum-                 condition.
by ship or barge on both inland and          relieving devices installed on high                (2) Integrity management re-
marine waterways, unless the trans-          pressure tanks built to API Stand-            pairs. When an operator discovers
portation is performed in accord-            ard 2510 (incorporated by refer-              a condition on a pipeline covered
ance with API Recommended Prac-              ence, see §195.3) must be in ac-              under §195.452, the operator must
tice 5LW (incorporated by refer-             cordance with sections 7 or 11 of             correct the condition as prescribed
ence, see §195.3).                           API Standard 2510 (incorporated               in §195.452(h).
                                             by reference, see §195.3).                    *****
 26. In §195.264, paragraph (e)
is revised to read as follows:                27. In §195.307, paragraphs                  29. In §195.432, paragraph (b)
                                             (a) and (c) are revised to read as            is revised to read as follows:
§195.264 Impoundment, protec-                follows:
tion against entry, nor-                                                                   §195.432 Inspection of in-service
mal/emergency venting or pres-               §195.307 Pressure testing above-              breakout tanks.
sure/vacuum relief for above-                ground breakout tanks.
ground breakout tanks.                                                                     *****
                                                 (a) For aboveground breakout                   (b) Each operator must inspect
*****                                        tanks built into API Specification            the physical integrity of in-service


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atmospheric and low-pressure steel            0169 (incorporated by reference,              applicability, validation basis,
aboveground breakout tanks ac-                see §195.3).                                  equipment used, application proce-
cording to API Standard 653 (in-                                                            dure, and utilization of data for the
corporated by reference, see                   32. In §195.573, paragraph                  inspection method.
§195.3). However, if structural               (a)(2) is revised to read as follows:               (3) Indirect examination. In
conditions prevent access to the                                                            addition to the requirements in Sec-
tank bottom, the bottom integrity             §195.573 What must I do to                    tion 4 of NACE SP0502 (incorpo-
may be assessed according to a                monitor external corrosion con-               rated by reference, see §195.3), the
plan included in the operations and           trol?                                         procedures for indirect examination
maintenance manual under                           (a) * * *                                of the ECDA regions must include-
§195.402(c)(3).                                    (2) Identify not more than 2             -
*****                                         years after cathodic protection is            *****
                                              installed, the circumstances in                     (4) Direct examination. In ad-
 30. In §195.452, paragraphs                 which a close-interval survey or              dition to the requirements in Sec-
(h)(4)(i) introductory text is revised        comparable technology is practica-            tion 5 of NACE SP0502 (incorpo-
to read as follows:                           ble and necessary to accomplish the           rated by reference, see §195.3), the
                                              objectives of paragraph 10.1.1.3 of           procedures for direct examination
§195.452 Pipeline integrity man-              NACE SP 0169 (incorporated by                 of indications from the indirect ex-
agement in high consequence ar-               reference, see §195.3).                       amination must include--
eas.                                          *****                                         *****
                                                                                                  (ii) Criteria for deciding what
*****                                          33. In §195.588, paragraphs                 action should be taken if either:
     (h) * * *                                (b)(1), (b)(2) introductory text,                   (A) Corrosion defects are dis-
     (4) * * *                                (b)(2)(iii), (b)(3) introductory text,        covered that exceed allowable lim-
     (i) Immediate repair condi-              (b)(4) introductory text, (b)(4)(ii),         its (Section 5.5.2.2 of NACE
tions. An operator's evaluation and           (b)(4)(iv), (b)(5) introductory text,         SP0502 (incorporated by reference,
remediation schedule must provide             and (b)(5)(ii) are revised to read as         see §195.3) provides guidance for
for immediate repair conditions. To           follows:                                      criteria); or
maintain safety, an operator must                                                                 (B) Root cause analysis reveals
temporarily reduce operating pres-            §195.588 What standards apply                 conditions for which ECDA is not
sure or shut down the pipeline until          to direct assessment?                         suitable (Section 5.6.2 of NACE
the operator completes the repair of                                                        SP0502 (incorporated by reference,
these conditions. An operator must            *****                                         see §195.3) provides guidance for
calculate the temporary reduction                  (b) * * *                                criteria);
in operating pressure using the                    (1) General. You must follow             *****
formula in Section 451.6.2.2 (b) of           the requirements of NACE SP0502                     (iv) Criteria that describe how
ANSI/ASME B31.4 (incorporated                 (incorporated by reference, see               and on what basis you will reclassi-
by reference, see §195.3). An oper-           §195.3). Also, you must develop               fy and re-prioritize any of the pro-
ator must treat the following condi-          and implement a External Corro-               visions specified in Section 5.9 of
tions as immediate repair condi-              sion Direct Assessment (ECDA)                 NACE SP0502 (incorporated by
tions:                                        plan that includes procedures ad-             reference, see §195.3).
*****                                         dressing pre-assessment, indirect                   (5) Post assessment and con-
                                              examination, direct examination,              tinuing evaluation. In addition to
 31. Section 195.571 is revised              and post-assessment.                          the requirements in Section 6 of
to read as follows:                                (2) Pre-assessment. In addition          NACE SP 0502 (incorporated by
                                              to the requirements in Section 3 of           reference, see §195.3), the proce-
§195.571 What criteria must I                 NACE SP0502 (incorporated by                  dures for post assessment of the ef-
use to determine the adequacy of              reference, see §195.3), the ECDA              fectiveness of the ECDA process
cathodic protection?                          plan procedures for pre-assessment            must include--
                                              must include--                                *****
     Cathodic protection required             *****                                               (ii) Criteria for evaluating
by this Subpart must comply with                   (iii) If you utilize an indirect         whether conditions discovered by
one or more of the applicable crite-          inspection method not described in            direct examination of indications in
ria and other considerations for ca-          Appendix A of NACE SP0502 (in-                each ECDA region indicate a need
thodic protection contained in par-           corporated by reference, see                  for reassessment of the pipeline
agraphs 6.2 and 6.3 of NACE SP                §195.3), you must demonstrate the             segment at an interval less than that


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specified in Sections 6.2 and 6.3 of
NACE SP0502 (see appendix D of
NACE SP0502) (incorporated by
reference, see §195.3).

 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 Pro-
gram

*****
     I. * * *
     A. The rule defines a High
Consequence Area as a high popu-
lation area, another 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 conse-
quence 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 environmen-
tal changes that may have occurred
around the pipeline and to keep its
program current with this infor-
mation. (Refer to §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




                                              Federal Register / Vol. 75, No. 154 / Wednesday, August 11, 2010
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