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									                               Research and Special Programs Administration, DOT                                                     § 195.1

                                           Subpart E—Pressure Testing                     APPENDIX A TO PART 195—DELINEATION BE-
                                                                                             TWEEN FEDERAL AND STATE JURISDIC-
                               195.300 Scope.                                                TION—STATEMENT OF AGENCY POLICY AND
                               195.302 General requirements.                                 INTERPRETATION
                               195.303 Risk-based alternative to pressure                 APPENDIX B TO PART 195—RISK-BASED ALTER-
                                   testing older hazardous liquid and carbon                 NATIVE TO PRESSURE TESTING OLDER HAZ-
                                   dioxide pipelines.                                        ARDOUS LIQUID AND CARBON DIOXIDE PIPE-
                               195.304 Test pressure.                                         LINES
                               195.305 Testing of components.                             APPENDIX C TO PART 195—GUIDANCE FOR IM-
                               195.306 Test medium.                                          PLEMENTATION OF INTEGRITY MANAGE-
                               195.307 Pressure testing aboveground break-                   MENT PROGRAM
                                   out tanks.
                               195.308 Testing of tie-ins.                                  AUTHORITY: 49 U.S.C. 5103, 60102, 60104,
                               195.310 Records.                                           60108, 60109, 60118; and 49 CFR 1.53.
                                                                                            SOURCE: Amdt. 195–22, 46 FR 38360, July 27,
                                 Subpart F—Operation and Maintenance                      1981, unless otherwise noted.
                               195.400 Scope.
                               195.401 General requirements.                                          Subpart A—General
                               195.402 Procedural manual for operations,
                                   maintenance, and emergencies.                          § 195.0     Scope.
                               195.403 Training.
                               195.404 Maps and records.                                    This part prescribes safety standards
                               195.405 Protection against ignitions and safe              and reporting requirements for pipeline
                                   access/egress involving floating roofs.                facilities used in the transportation of
                               195.406 Maximum operating pressure.                        hazardous liquids or carbon dioxide.
                               195.408 Communications.
                               195.410 Line markers.                                      [Amdt. 195–45, 56 FR 26925, June 12, 1991]
                               195.412 Inspection of rights-of-way and
                                   crossings under navigable waters.                      § 195.1     Applicability.
                               195.413 Underwater inspection and reburial
                                   of pipelines in the Gulf of Mexico and its               (a) Except as provided in paragraph
                                   inlets.                                                (b) of this section, this part applies to
                               195.414 Cathodic protection.                               pipeline facilities and the transpor-
                               195.416 External corrosion control.                        tation of hazardous liquids or carbon
                               195.418 Internal corrosion control.                        dioxide associated with those facilities
                               195.420 Valve maintenance.                                 in or affecting interstate or foreign
                               195.422 Pipeline repairs.
                                                                                          commerce, including pipeline facilities
                               195.424 Pipe movement.
                               195.426 Scraper and sphere facilities.                     on the Outer Continental Shelf.
                               195.428 Overpressure safety devices and                      (b) This part does not apply to—
                                   overfill protection systems.                             (1) Transportation of a hazardous liq-
                               195.430 Firefighting equipment.                            uid that is transported in a gaseous
                               195.432 Inspection of in-service breakout                  state;
                                   tanks.
                                                                                            (2) Transportation of a hazardous liq-
                               195.434 Signs.
                               195.436 Security of facilities.                            uid through a pipeline by gravity;
                               195.438 Smoking or open flames.                              (3) Transportation through any of the
                               195.440 Public education.                                  following low-stress pipelines:
                               195.442 Damage prevention program.                           (i) An onshore pipeline or pipeline
                               195.444 CPM leak detection.                                segment that—
                                            HIGH CONSEQUENCE AREAS                          (A) Does not transport HVL;
                                                                                            (B) Is located in a rural area; and
                               195.450     Definitions.
                                                                                            (C) Is located outside a waterway
                                      PIPELINE INTEGRITY MANAGEMENT                       currently used for commercial naviga-
                               195.452 Pipeline integrity management in                   tion;
                                   high consequence areas.                                  (ii) A pipeline subject to safety regu-
                                                                                          lations of the U.S. Coast Guard; or
                                    Subpart G—Qualification of Pipeline                     (iii) A pipeline that serves refining,
                                               Personnel                                  manufacturing, or truck, rail, or vessel
                                                                                          terminal facilities, if the pipeline is
                               195.501     Scope.
                               195.503     Definitions.                                   less than 1 mile long (measured outside
                               195.505     Qualification program.                         facility grounds) and does not cross an
                               195.507     Recordkeeping.                                 offshore area or a waterway currently
                               195.509     General.                                       used for commercial navigation;

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                               § 195.2                                                                 49 CFR Ch. I (10– 1– 01 Edition)

                                 (4) Transportation of petroleum in                       that apply specifically to breakout
                               onshore gathering lines in rural areas                     tanks and, to the extent applicable,
                               except gathering lines in the inlets of                    with requirements that apply to pipe-
                               the Gulf of Mexico subject to § 195.413;                   line systems and pipeline facilities. If a
                                 (5) Transportation of hazardous liq-                     conflict exists between a requirement
                               uid or carbon dioxide in offshore pipe-                    that applies specifically to breakout
                               lines which are located upstream from                      tanks and a requirement that applies
                               the outlet flange of each facility where                   to pipeline systems or pipeline facili-
                               hydrocarbons or carbon dioxide are                         ties, the requirement that applies spe-
                               produced or where produced hydro-                          cifically to breakout tanks prevails.
                               carbons or carbon dioxide are first sep-                   Anhydrous ammonia breakout tanks
                               arated, dehydrated, or otherwise proc-                     need not comply with §§ 195.132(b),
                               essed, whichever facility is farther                       195.205(b), 195.242 (c) and (d), 195.264 (b)
                               downstream;                                                and (e), 195.307, 195.428 (c) and (d), and
                                 (6) Transportation of hazardous liq-                     195.432 (b) and (c).
                               uid or carbon dioxide in Outer Conti-
                                                                                          [Amdt. 195–22, 46 FR 38360, July 27, 1981]
                               nental Shelf pipelines which are lo-
                               cated upstream of the point at which                         EDITORIAL NOTE: For FEDERAL REGISTER ci-
                               operating responsibility transfers from                    tations affecting § 195.1, see the List of Sec-
                               a producing operator to a transporting                     tions Affected, which appears in the Finding
                                                                                          Aids section of the printed volume and on
                               operator.
                                                                                          GPO Access.
                                 (7) Transportation of a hazardous liq-
                               uid or carbon dioxide through onshore                      § 195.2     Definitions.
                               production (including flow lines), refin-
                               ing, or manufacturing facilities, or                         As used in this part—
                               storage or in-plant piping systems as-                       Abandoned means permanently re-
                               sociated with such facilities;                             moved from service.
                                 (8) Transportation of hazardous liq-                       Administrator means the Adminis-
                               uid or carbon dioxide—                                     trator of the Research and Special Pro-
                                 (i) By vessel, aircraft, tank truck,                     grams Administration or any person to
                               tank car, or other non-pipeline mode of                    whom authority in the matter con-
                               transportation; or                                         cerned has been delegated by the Sec-
                                 (ii) Through facilities located on the                   retary of Transportation.
                               grounds of a materials transportation                        Barrel means a unit of measurement
                               terminal that are used exclusively to                      equal to 42 U.S. standard gallons.
                               transfer hazardous liquid or carbon di-                      Breakout tank means a tank used to
                               oxide between non-pipeline modes of                        (a) relieve surges in a hazardous liquid
                               transportation or between a non-pipe-                      pipeline system or (b) receive and store
                               line mode and a pipeline, not including                    hazardous liquid transported by a pipe-
                               any device and associated piping that                      line for reinjection and continued
                               are necessary to control pressure in the                   transportation by pipeline.
                               pipeline under § 195.406(b); and                             Carbon dioxide means a fluid con-
                                 (9) Transportation of carbon dioxide                     sisting of more than 90 percent carbon
                               downstream from the following point,                       dioxide molecules compressed to a
                               as applicable:                                             supercritical state.
                                 (i) The inlet of a compressor used in                      Component means any part of a pipe-
                               the injection of carbon dioxide for oil                    line which may be subjected to pump
                               recovery operations, or the point where                    pressure including, but not limited to,
                               recycled carbon dioxide enters the in-                     pipe, valves, elbows, tees, flanges, and
                               jection system, whichever is farther                       closures.
                               upstream; or                                                 Computation      Pipeline    Monitoring
                                 (ii) The connection of the first                         (CPM) means a software-based moni-
                               branch pipeline in the production field                    toring tool that alerts the pipeline dis-
                               that transports carbon dioxide to injec-                   patcher of a possible pipeline operating
                               tion wells or to headers or manifolds                      anomaly that may be indicative of a
                               from which pipelines branch to injec-                      commodity release.
                               tion wells.                                                  Corrosive product means ‘‘corrosive
                                 (c) Breakout tanks subject to this                       material’’ as defined by § 173.136 Class
                               part must comply with requirements                         8–Definitions of this chapter.

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                               Research and Special Programs Administration, DOT                                                     § 195.2

                                  Exposed pipeline means a pipeline                       tion and terminal or breakout tanks,
                               where the top of the pipe is protruding                    between a pressure pump station and a
                               above the seabed in water less than 15                     block valve, or between adjacent block
                               feet (4.6 meters) deep, as measured                        valves.
                               from the mean low water.                                     Low-stress pipeline means a hazardous
                                  Flammable product means ‘‘flammable                     liquid pipeline that is operated in its
                               liquid’’ as defined by § 173.120 Class 3–                  entirety at a stress level of 20 percent
                               Definitions of this chapter.                               or less of the specified minimum yield
                                  Gathering line means a pipeline 219.1                   strength of the line pipe.
                               mm (85⁄8 in) or less nominal outside di-                     Nominal wall thickness means the wall
                               ameter that transports petroleum from                      thickness listed in the pipe specifica-
                               a production facility.                                     tions.
                                  Gulf of Mexico and its inlets means the                   Offshore means beyond the line of or-
                               waters from the mean high water mark                       dinary low water along that portion of
                               of the coast of the Gulf of Mexico and                     the coast of the United States that is
                               its inlets open to the sea (excluding                      in direct contact with the open seas
                               rivers, tidal marshes, lakes, and ca-                      and beyond the line marking the sea-
                               nals) seaward to include the territorial                   ward limit of inland waters.
                               sea and Outer Continental Shelf to a
                                                                                            Operator means a person who owns or
                               depth of 15 feet (4.6 meters), as meas-
                                                                                          operates pipeline facilities.
                               ured from the mean low water.
                                                                                            Outer Continental Shelf means all sub-
                                  Hazard to navigation means, for the
                                                                                          merged lands lying seaward and out-
                               purpose of this part, a pipeline where
                                                                                          side the area of lands beneath navi-
                               the top of the pipe is less than 12
                                                                                          gable waters as defined in Section 2 of
                               inches (305 millimeters) below the sea-
                                                                                          the Submerged Lands Act (43 U.S.C.
                               bed in water less than 15 feet (4.6 me-
                                                                                          1301) and of which the subsoil and sea-
                               ters) deep, as measured from the mean
                                                                                          bed appertain to the United States and
                               low water.
                                                                                          are subject to its jurisdiction and con-
                                  Hazardous liquid means petroleum,
                                                                                          trol.
                               petroleum products, or anhydrous am-
                               monia.                                                       Person means any individual, firm,
                                  Highly volatile liquid or HVL means a                   joint venture, partnership, corporation,
                               hazardous liquid which will form a                         association, State, municipality, coop-
                               vapor cloud when released to the at-                       erative association, or joint stock asso-
                               mosphere and which has a vapor pres-                       ciation, and includes any trustee, re-
                               sure exceeding 276 kPa (40 psia) at 37.8°                  ceiver, assignee, or personal represent-
                               C (100° F).                                                ative thereof.
                                  In-plant piping system means piping                       Petroleum means crude oil, conden-
                               that is located on the grounds of a                        sate, natural gasoline, natural gas liq-
                               plant and used to transfer hazardous                       uids, and liquefied petroleum gas.
                               liquid or carbon dioxide between plant                       Petroleum product means flammable,
                               facilities or between plant facilities                     toxic, or corrosive products obtained
                               and a pipeline or other mode of trans-                     from distilling and processing of crude
                               portation, not including any device and                    oil, unfinished oils, natural gas liquids,
                               associated piping that are necessary to                    blend stocks and other miscellaneous
                               control pressure in the pipeline under                     hydrocarbon compounds.
                               § 195.406(b).                                                Pipe or line pipe means a tube, usu-
                                  Interstate pipeline means a pipeline or                 ally cylindrical, through which a haz-
                               that part of a pipeline that is used in                    ardous liquid or carbon dioxide flows
                               the transportation of hazardous liquids                    from one point to another.
                               or carbon dioxide in interstate or for-                      Pipeline or pipeline system means all
                               eign commerce.                                             parts of a pipeline facility through
                                  Intrastate pipeline means a pipeline or                 which a hazardous liquid or carbon di-
                               that part of a pipeline to which this                      oxide moves in transportation, includ-
                               part applies that is not an interstate                     ing, but not limited to, line pipe,
                               pipeline.                                                  valves, and other appurtenances con-
                                  Line section means a continuous run                     nected to line pipe, pumping units, fab-
                               of pipe between adjacent pressure pump                     ricated assemblies associated with
                               stations, between a pressure pump sta-                     pumping units, metering and delivery

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                               § 195.3                                                                49 CFR Ch. I (10– 1– 01 Edition)

                               stations and fabricated assemblies                         liquid pipeline release, as identified
                               therein, and breakout tanks.                               under § 195.6.
                                 Pipeline facility means new and exist-                   [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
                               ing pipe, rights-of-way and any equip-                     FR 32721, July 29, 1982, as amended by Amdt.
                               ment, facility, or building used in the                    195–33, 50 FR 15898, Apr. 23, 1985; 50 FR 38660,
                               transportation of hazardous liquids or                     Sept. 24, 1985; Amdt. 195–36, 51 FR 15007, Apr.
                               carbon dioxide.                                            22, 1986; Amdt. 195–45, 56 FR 26925, June 12,
                                                                                          1991; Amdt. 195–47, 56 FR 63771, Dec. 5, 1991;
                                 Production facility means piping or                      Amdt. 195–50, 59 FR 17281, Apr. 12, 1994; Amdt.
                               equipment used in the production, ex-                      195–52, 59 FR 33395, 33396, June 28, 1994; Amdt.
                               traction, recovery, lifting, stabiliza-                    195–53, 59 FR 35471, July 12, 1994; Amdt. 195–
                               tion, separation or treating of petro-                     59, 62 FR 61695, Nov. 19, 1997; Amdt. 195–62, 63
                               leum or carbon dioxide, or associated                      FR 36376, July 6, 1998; Amdt. 195–63, 63 FR
                                                                                          37506, July 13, 1998; Amdt. 195–69, 65 FR 54444,
                               storage or measurement. (To be a pro-                      Sept. 8, 2000; Amdt. 195–71, 65 FR 80544, Dec.
                               duction facility under this definition,                    21, 2000]
                               piping or equipment must be used in
                               the process of extracting petroleum or                     § 195.3 Matter incorporated by ref-
                               carbon dioxide from the ground or from                          erence.
                               facilities where CO2 is produced, and                         (a) Any document or portion thereof
                               preparing it for transportation by pipe-                   incorporated by reference in this part
                               line. This includes piping between                         is included in this part as though it
                               treatment plants which extract carbon                      were printed in full. When only a por-
                               dioxide, and facilities utilized for the                   tion of a document is referenced, then
                               injection of carbon dioxide for recovery                   this part incorporates only that ref-
                               operations.)                                               erenced portion of the document and
                                 Rural area means outside the limits                      the remainder is not incorporated. Ap-
                                                                                          plicable editions are listed in para-
                               of any incorporated or unincorpated
                                                                                          graph (c) of this section in parentheses
                               city, town, village, or any other des-
                                                                                          following the title of the referenced
                               ignated residential or commercial area                     material. Earlier editions listed in pre-
                               such as a subdivision, a business or                       vious editions of this section may be
                               shopping center, or community devel-                       used for components manufactured, de-
                               opment.                                                    signed, or installed in accordance with
                                 Specified    minimum    yield   strength                 those earlier editions at the time they
                               means the minimum yield strength, ex-                      were listed. The user must refer to the
                               pressed in p.s.i. (kPa) gage, prescribed                   appropriate previous edition of 49 CFR
                               by the specification under which the                       for a listing of the earlier editions.
                               material is purchased from the manu-                          (b) All incorporated materials are
                               facturer.                                                  available for inspection in the Re-
                                 Stress level means the level of tangen-                  search and Special Programs Adminis-
                               tial or hoop stress, usually expressed as                  tration, 400 Seventh Street, SW., Wash-
                               a percentage of specified minimum                          ington, DC, and at the Office of the
                               yield strength.                                            Federal Register, 800 North Capitol
                                 Surge pressure means pressure pro-                       Street, NW., suite 700, Washington, DC.
                               duced by a change in velocity of the                       These materials have been approved for
                               moving stream that results from shut-                      incorporation by reference by the Di-
                                                                                          rector of the Federal Register in ac-
                               ting down a pump station or pumping
                                                                                          cordance with 5 U.S.C. 552(a) and 1 CFR
                               unit, closure of a valve, or any other
                                                                                          part 51. In addition, materials incor-
                               blockage of the moving stream.                             porated by reference are available as
                                 Toxic product means ‘‘poisonous ma-                      follows:
                               terial’’ as defined by § 173.132 Class 6,                     (1) American Gas Association (AGA),
                               Division 6.1–Definitions of this chapter.                  1515 Wilson Boulevard, Arlington, VA
                                 Unusually Sensitive Area (USA) means                     22209.
                               a drinking water or ecological resource                       (2) American Petroleum Institute
                               area that is unusually sensitive to en-                    (API), 1220 L Street, NW., Washington,
                               vironmental damage from a hazardous                        DC 20005.




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                               Research and Special Programs Administration, DOT                                                     § 195.3

                                 (3) The American Society of Mechan-                        (viii) API Specification 5L ‘‘Speci-
                               ical Engineers (ASME), United Engi-                        fication for Line Pipe’’ (41st edition,
                               neering Center, 345 East 47th Street,                      1995).
                               New York, NY 10017.                                          (ix) API Specification 6D ‘‘Specifica-
                                 (4) Manufacturers Standardization                        tion for Pipeline Valves (Gate, Plug,
                               Society of the Valve and Fittings In-                      Ball, and Check Valves)’’ (21st edition,
                               dustry, Inc. (MSS), 127 Park Street,                       1994).
                               NE., Vienna, VA 22180.                                       (x) API Specification 12F ‘‘Specifica-
                                 (5) American National Standards In-                      tion for Shop Welded Tanks for Storage
                               stitute (ANSI), 11 West 42nd Street,                       of Production Liquids’’ (11th edition,
                               New York, NY 10036.                                        November 1994).
                                 (6) American Society for Testing and                       (xi) API Standard 1104 ‘‘Welding
                               Materials (ASTM), 100 Barr Harbor                          Pipelines and Related Facilities’’ (18th
                               Drive, West Conshohocken, PA 19428.                        edition, 1994).
                                 (7) National Fire Protection Associa-                      (xii) API Standard 620 ‘‘Design and
                               tion (NFPA), 11 Tracy Drive, Avon, MA                      Construction of Large, Welded, Low-
                               02322.                                                     Pressure Storage Tanks’’ (9th edition,
                                 (c) The full titles of publications in-                  February 1996, Including Addenda 1 and
                               corporated by reference wholly or par-                     2).
                               tially in this part are as follows. Num-                     (xiii) API Standard 650 ‘‘Welded Steel
                               bers in parentheses indicate applicable                    Tanks for Oil Storage’’ (9th edition,
                               editions:                                                  July 1993 (Including Addenda 1 through
                                 (1) American Gas Association (AGA):                      4).
                               AGA Pipeline Research Committee,
                                                                                            (xiv) API Standard 653 ‘‘Tank Inspec-
                               Project PR–3–805, ‘‘A Modified Cri-
                                                                                          tion, Repair, Alteration, and Recon-
                               terion for Evaluating the Remaining
                                                                                          struction’’ (2nd edition, December 1995,
                               Strength of Corroded Pipe’’ (December
                                                                                          including Addenda 1 & 2).
                               1989). The RSTRENG program may be
                               used     for    calculating    remaining                     (xv) API Standard 2000 ‘‘Venting At-
                               strength.                                                  mospheric and Low-Pressure Storage
                                                                                          Tanks’’ (4th edition, September 1992).
                                 (2) American Petroleum Institute
                               (API):                                                       (xvi) API Standard 2510 ‘‘Design and
                                 (i) API 510 ‘‘Pressure Vessel Inspec-                    Construction of LPG Installations’’
                               tion Code: Maintenance Inspection,                         (7th edition, May 1995).
                               Rating, Repair, and Alteration’’ (8th                        (3) American Society of Mechanical
                               edition, June 1997).                                       Engineers (ASME):
                                 (ii) API 1130 ‘‘Computational Pipeline                     (i) ASME/ANSI B16.9 ‘‘Factory-Made
                               Monitoring’’ (1st Edition, 1995).                          Wrought Steel Buttwelding Fittings’’
                                 (iii) API Publication 2026 ‘‘Safe Ac-                    (1993).
                               cess/Egress Involving Floating Roofs of                      (ii) ASME/ANSI B31.4 ‘‘Liquid Trans-
                               Storage Tanks in Petroleum Service’’                       portation Systems for Hydrocarbons,
                               (2nd edition, April 1998).                                 Liquid Petroleum Gas, Anhydrous Am-
                                 (iv) API Recommended Practice 651                        monia, and Alcohols’’ (1992 edition with
                               ‘‘Cathodic Protection of Aboveground                       ASME B31.4a–1994 Addenda).
                               Petroleum Storage Tanks’’ (2nd edi-                          (iii) ASME/ANSI B31.8 ‘‘Gas Trans-
                               tion, December 1997).                                      mission and Distribution Piping Sys-
                                 (v) API Recommended Practice 652                         tems’’ (1995)
                               ‘‘Lining of Aboveground Petroleum                            (iv) ASME/ANSI B31G ‘‘Manual for
                               Storage Tank Bottoms’’ (2nd edition,                       Determining the Remaining Strength
                               December 1997).                                            of Corroded Pipelines’’ (1991).
                                 (vi) API Recommended Practice 2003                         (v) ASME Boiler and Pressure Vessel
                               ‘‘Protection Against Ignitions Arising                     Code, Section VIII ‘‘Pressure Vessels,’’
                               out of Static, Lightning, and Stray                        Divisions 1 and 2 (1995 edition with 1995
                               Currents’’ (6th edition, December 1998).                   Addenda).
                                 (vii) API Recommended Practice 2350                        (vi) ASME Boiler and Pressure Vessel
                               ‘‘Overfill Protection for Storage Tanks                    Code, Section IX ‘‘Welding and Brazing
                               In Petroleum Facilities’’ (2nd edition,                    Qualifications’’ (1995 edition with 1995
                               January 1996).                                             Addenda).

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                               § 195.4                                                                49 CFR Ch. I (10– 1– 01 Edition)

                                 (4) Manufacturers Standardization                        the hazardous liquid or carbon dioxide
                               Society of the Valve and Fittings In-                      is chemically compatible with both the
                               dustry, Inc. (MSS):                                        pipeline, including all components, and
                                 (i) MSS SP–75 ‘‘Specification for                        any other commodity that it may come
                               High Test Wrought Butt Welding Fit-                        into contact with while in the pipeline.
                               tings’’ (1993).
                                 (ii) [Reserved]                                          [Amdt. 195–45, 56 FR 26925, June 12, 1991]
                                 (5) American Society for Testing and
                               Materials (ASTM):                                          § 195.5 Conversion to service subject
                                 (i) ASTM Designation A 53 ‘‘Standard                         to this part.
                               specification for Pipe, Steel, Black and                      (a) A steel pipeline previously used in
                               Hot-Dipped, Zinc-Coated Welded and                         service not subject to this part quali-
                               Seamless’’ (A 53–96).                                      fies for use under this part if the oper-
                                 (ii) ASTM Designation: A 106 ‘‘Stand-                    ator prepares and follows a written
                               ard Specification for Seamless Carbon                      procedure to accomplish the following:
                               Steel Pipe for High-Temperature Serv-                         (1) The design, construction, oper-
                               ice’’ (A 106–95).                                          ation, and maintenance history of the
                                 (iii) ASTM Designation: A 333/A 333M
                                                                                          pipeline must be reviewed and, where
                               ‘‘Standard Specification for Seamless
                               and Welded Steel Pipe for Low-Tem-                         sufficient historical records are not
                               perature Service’’(A 333/A 333M–94).                       available, appropriate tests must be
                                 (iv) ASTM Designation: A 381                             performed to determine if the pipeline
                               ‘‘Standard Specification for Metal-Arc-                    is in satisfactory condition for safe op-
                               Welded Steel Pipe for Use With High-                       eration. If one or more of the variables
                               Pressure Transmission Systems’’ (A                         necessary to verify the design pressure
                               381–93).                                                   under § 195.106 or to perform the testing
                                 (v) ASTM Designation: A 671 ‘‘Stand-                     under paragraph (a)(4) of this section is
                               ard Specification for Electric-Fusion-                     unknown, the design pressure may be
                               Welded Steel Pipe for Atmospheric and                      verified and the maximum operating
                               Lower Temperatures’’ (A 671–94).                           pressure determined by—
                                 (vi) ASTM Designation: A 672                                (i) Testing the pipeline in accordance
                               ‘‘Standard Specification for Electric-                     with ASME B31.8, Appendix N, to
                               Fusion-Welded Steel Pipe for High-                         produce a stress equal to the yield
                               Pressure Service at Moderate Tempera-                      strength; and
                               tures’’ (A 672–94).                                           (ii) Applying, to not more than 80
                                 (vii) ASTM Designation: A 691                            percent of the first pressure that pro-
                               ‘‘Standard Specification for Carbon and                    duces a yielding, the design factor F in
                               Alloy Steel Pipe Electric-Fusion-Weld-                     § 195.106(a) and the appropriate factors
                               ed for High- Pressure Service at High
                                                                                          in § 195.106(e).
                               Temperatures’’ (A 691–93).
                                 (6) National Fire Protection Associa-                       (2) The pipeline right-of-way, all
                               tion (NFPA):                                               aboveground segments of the pipeline,
                                 (i) ANSI/NFPA 30 ‘‘Flammable and                         and appropriately selected under-
                               Combustible Liquids Code,’’ (1996).                        ground segments must be visually in-
                                 (ii) [Reserved]                                          spected for physical defects and oper-
                                                                                          ating conditions which reasonably
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
                                                                                          could be expected to impair the
                               FR 32721, July 29, 1982, as amended by Amdt.
                               195–32, 49 FR 36860, Sept. 20, 1984; 58 FR 14523,          strength or tightness of the pipeline.
                               Mar. 18, 1993; Amdt. 195–52, 59 FR 33396, June                (3) All known unsafe defects and con-
                               28, 1994; Amdt. 195–56, 61 FR 26123, May 24,               ditions must be corrected in accord-
                               1996; 61 FR 36826, July 15, 1996; Amdt. 195–61,            ance with this part.
                               63 FR 7723, Feb. 17, 1998; Amdt. 195–62, 63 FR                (4) The pipeline must be tested in ac-
                               36376, July 6, 1998; Amdt. 195–66, 64 FR 15934,
                               Apr. 2, 1999; 65 FR 4770, Feb. 1, 2000]
                                                                                          cordance with subpart E of this part to
                                                                                          substantiate the maximum operating
                               § 195.4 Compatibility necessary for                        pressure permitted by § 195.406.
                                   transportation of hazardous liquids                       (b) A pipeline which qualifies for use
                                   or carbon dioxide.                                     under this section need not comply
                                  No person may transport any haz-                        with the corrosion control require-
                               ardous liquid or carbon dioxide unless                     ments of this part until 12 months

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                               Research and Special Programs Administration, DOT                                                     § 195.6

                               after it is placed in service, notwith-                    where the species or community is
                               standing any earlier deadlines for com-                    aquatic, aquatic dependent, or terres-
                               pliance. In addition to the require-                       trial with a limited range; or
                               ments of subpart F of this part, the                         (5) An area containing an imperiled
                               corrosion control requirements of sub-                     species, threatened or endangered spe-
                               part D apply to each pipeline which                        cies, depleted marine mammal species,
                               substantially meets those require-                         or imperiled ecological community
                               ments before it is placed in service or                    where the species or community occur-
                               which is a segment that is replaced, re-                   rence is considered to be one of the
                               located, or substantially altered.                         most viable, highest quality, or in the
                                  (c) Each operator must keep for the                     best condition, as identified by an ele-
                               life of the pipeline a record of the in-                   ment occurrence ranking (EORANK) of
                               vestigations, tests, repairs, replace-                     A (excellent quality) or B (good qual-
                               ments, and alterations made under the                      ity).
                               requirements of paragraph (a) of this                        (c) As used in this part—
                               section.                                                     Adequate Alternative Drinking Water
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981, as              Source means a source of water that
                               amended by Amdt. 195–52, 59 FR 33396, June                 currently exists, can be used almost
                               28, 1994]                                                  immediately with a minimal amount of
                                                                                          effort and cost, involves no decline in
                               § 195.6 Unusually      Sensitive   Areas
                                    (USAs).                                               water quality, and will meet the con-
                                                                                          sumptive, hygiene, and fire fighting re-
                                  As used in this part, a USA means a                     quirements of the existing population
                               drinking water or ecological resource                      of impacted customers for at least one
                               area that is unusually sensitive to en-                    month for a surface water source of
                               vironmental damage from a hazardous                        water and at least six months for a
                               liquid pipeline release.                                   groundwater source.
                                  (a) An USA drinking water resource
                                                                                            Aquatic or Aquatic Dependent Species
                               is:
                                                                                          or Community means a species or com-
                                  (1) The water intake for a Commu-
                                                                                          munity that primarily occurs in aquat-
                               nity Water System (CWS) or a Non-
                                                                                          ic, marine, or wetland habitats, as well
                               transient Non-community Water Sys-
                               tem (NTNCWS) that obtains its water                        as species that may use terrestrial
                               supply primarily from a surface water                      habitats during all or some portion of
                               source and does not have an adequate                       their life cycle, but that are still close-
                               alternative drinking water source;                         ly associated with or dependent upon
                                  (2) The Source Water Protection Area                    aquatic, marine, or wetland habitats
                               (SWPA) for a CWS or a NTNCWS that                          for some critical component or portion
                               obtains its water supply from a Class I                    of their life-history (i.e., reproduction,
                               or Class IIA aquifer and does not have                     rearing and development, feeding, etc).
                               an adequate alternative drinking water                       Class I Aquifer means an aquifer that
                               source. Where a state has not yet iden-                    is surficial or shallow, permeable, and
                               tified the SWPA, the Wellhead Protec-                      is highly vulnerable to contamination.
                               tion Area (WHPA) will be used until                        Class I aquifers include:
                               the state has identified the SWPA; or                        (1) Unconsolidated Aquifers (Class Ia)
                                  (3) The sole source aquifer recharge                    that consist of surficial, unconsoli-
                               area where the sole source aquifer is a                    dated, and permeable alluvial, terrace,
                               karst aquifer in nature.                                   outwash, beach, dune and other similar
                                  (b) An USA ecological resource is:                      deposits. These aquifers generally con-
                                  (1) An area containing a critically                     tain layers of sand and gravel that,
                               imperiled species or ecological commu-                     commonly, are interbedded to some de-
                               nity;                                                      gree with silt and clay. Not all Class Ia
                                  (2) A multi-species assemblage area;                    aquifers are important water-bearing
                                  (3) A migratory waterbird concentra-                    units, but they are likely to be both
                               tion area;                                                 permeable and vulnerable. The only
                                  (4) An area containing an imperiled                     natural protection of these aquifers is
                               species, threatened or endangered spe-                     the thickness of the unsaturated zone
                               cies, depleted marine mammal species,                      and the presence of fine-grained mate-
                               or an imperiled ecological community                       rial;

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                               § 195.6                                                                49 CFR Ch. I (10– 1– 01 Edition)

                                 (2) Soluble and Fractured Bedrock                        ularly serves at least 25 year-round
                               Aquifers (Class Ib). Lithologies in this                   residents.
                               class include limestone, dolomite, and,                      Critically imperiled species or ecological
                               locally, evaporitic units that contain                     community (habitat) means an animal or
                               documented karst features or solution                      plant species or an ecological commu-
                               channels, regardless of size. Generally                    nity of extreme rarity, based on The
                               these aquifers have a wide range of per-                   Nature Conservancy’s Global Conserva-
                               meability. Also included in this class                     tion Status Rank. There are generally
                               are sedimentary strata, and meta-                          5 or fewer occurrences, or very few re-
                               morphic and igneous (intrusive and ex-                     maining individuals (less than 1,000) or
                               trusive) rocks that are significantly                      acres (less than 2,000). These species
                               faulted, fractured, or jointed. In all                     and ecological communities are ex-
                               cases groundwater movement is largely                      tremely vulnerable to extinction due to
                               controlled by secondary openings. Well                     some natural or man-made factor.
                               yields range widely, but the important                       Depleted marine mammal species means
                               feature is the potential for rapid                         a species that has been identified and is
                               vertical and lateral ground water                          protected under the Marine Mammal
                               movement along preferred pathways,                         Protection Act of 1972, as amended
                               which result in a high degree of vulner-                   (MMPA) (16 U.S.C. 1361 et seq.). The
                               ability;                                                   term ‘‘depleted’’ refers to marine mam-
                                 (3) Semiconsolidated Aquifers (Class                     mal species that are listed as threat-
                               Ic) that generally contain poorly to                       ened or endangered, or are below their
                               moderately indurated sand and gravel                       optimum sustainable populations (16
                               that is interbedded with clay and silt.                    U.S.C. 1362). The term ‘‘marine mam-
                               This group is intermediate to the un-                      mal’’ means ‘‘any mammal which is
                               consolidated and consolidated end                          morphologically adapted to the marine
                               members. These systems are common                          environment (including sea otters and
                               in the Tertiary age rocks that are ex-                     members       of   the   orders    Sirenia,
                               posed throughout the Gulf and Atlantic                     Pinnipedia, and Cetacea), or primarily
                                                                                          inhabits the marine environment (such
                               coastal states. Semiconsolidated condi-
                                                                                          as the polar bear)’’ (16 U.S.C. 1362). The
                               tions also arise from the presence of
                                                                                          order Sirenia includes manatees, the
                               intercalated clay and caliche within
                                                                                          order Pinnipedia includes seals, sea
                               primarily unconsolidated to poorly
                                                                                          lions, and walruses, and the order Ceta-
                               consolidated units, such as occurs in
                                                                                          cea includes dolphins, porpoises, and
                               parts of the High Plains Aquifer; or
                                                                                          whales.
                                 (4) Covered Aquifers (Class Id) that                       Ecological community means an inter-
                               are any Class I aquifer overlain by less                   acting assemblage of plants and ani-
                               than 50 feet of low permeability, un-                      mals that recur under similar environ-
                               consolidated material, such as glacial                     mental conditions across the land-
                               till, lacustrian, and loess deposits.                      scape.
                                 Class IIa aquifer means a Higher Yield                     Element occurrence rank (EORANK)
                               Bedrock Aquifer that is consolidated                       means the condition or viability of a
                               and is moderately vulnerable to con-                       species or ecological community occur-
                               tamination. These aquifers generally                       rence, based on a population’s size,
                               consist of fairly permeable sandstone                      condition, and landscape context.
                               or conglomerate that contain lesser                        EORANKs are assigned by the Natural
                               amounts of interbedded fine grained                        Heritage Programs. An EORANK of A
                               clastics (shale, siltstone, mudstone)                      means an excellent quality and an
                               and occasionally carbonate units. In                       EORANK of B means good quality.
                               general, well yields must exceed 50 gal-                     Imperiled species or ecological commu-
                               lons per minute to be included in this                     nity (habitat) means a rare species or
                               class. Local fracturing may contribute                     ecological community, based on The
                               to the dominant primary porosity and                       Nature Conservancy’s Global Conserva-
                               permeability of these systems.                             tion Status Rank. There are generally
                                 Community Water System (CWS) means                       6 to 20 occurrences, or few remaining
                               a public water system that serves at                       individuals (1,000 to 3,000) or acres
                               least 15 service connections used by                       (2,000 to 10,000). These species and eco-
                               year-round residents of the area or reg-                   logical communities are vulnerable to

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                               Research and Special Programs Administration, DOT                                                     § 195.6

                               extinction due to some natural or man-                     ‘‘sole or principal’’ source of drinking
                               made factor.                                               water for an area. Such designations
                                 Karst aquifer means an aquifer that is                   are made if the aquifer’s ground water
                               composed of limestone or dolomite                          supplies 50% or more of the drinking
                               where the porosity is derived from con-                    water for an area, and if that aquifer
                               nected solution cavities. Karst aquifers                   were to become contaminated, it would
                               are often cavernous with high rates of                     pose a public health hazard. A sole
                               flow.                                                      source aquifer that is karst in nature is
                                 Migratory waterbird concentration area                   one composed of limestone where the
                               means a designated Ramsar site or a                        porosity is derived from connected so-
                               Western Hemisphere Shorebird Reserve                       lution cavities. They are often cav-
                               Network site.                                              ernous, with high rates of flow.
                                 Multi-species assemblage area means                         Source Water Protection Area (SWPA)
                               an area where three or more different                      means the area delineated by the state
                               critically imperiled or imperiled spe-                     for a public water supply system (PWS)
                               cies or ecological communities, threat-                    or including numerous PWSs, whether
                               ened or endangered species, depleted                       the source is ground water or surface
                               marine     mammals,      or    migratory                   water or both, as part of the state
                               waterbird concentrations co-occur.                         source water assessment program
                                 Non-transient Non-community Water                        (SWAP) approved by EPA under sec-
                               System (NTNCWS) means a public water                       tion 1453 of the Safe Drinking Water
                               system that regularly serves at least 25                   Act.
                               of the same persons over six months                           Species means species, subspecies,
                               per year. Examples of these systems in-                    population       stocks,     or     distinct
                               clude schools, factories, and hospitals                    vertebrate populations.
                               that have their own water supplies.                           Terrestrial ecological community with a
                                 Public Water System (PWS) means a                        limited range means a non-aquatic or
                               system that provides the public water                      non-aquatic dependent ecological com-
                               for human consumption through pipes                        munity that covers less than five (5)
                               or other constructed conveyances, if                       acres.
                               such system has at least 15 service con-                      Terrestrial species with a limited range
                               nections or regularly serves an average                    means a non-aquatic or non-aquatic de-
                               of at least 25 individuals daily at least                  pendent animal or plant species that
                               60 days out of the year. These systems                     has a range of no more than five (5)
                               include the sources of the water sup-                      acres.
                               plies—i.e., surface or ground. PWS can                        Threatened and endangered species
                               be community, non-transient non-com-                       (T&E) means an animal or plant spe-
                               munity, or transient non-community                         cies that has been listed and is pro-
                               systems.                                                   tected under the Endangered Species
                                 Ramsar site means a site that has                        Act of 1973, as amended (ESA73) (16
                               been designated under The Convention                       U.S.C. 1531 et seq.). ‘‘Endangered spe-
                               on Wetlands of International Impor-                        cies’’ is defined as ‘‘any species which
                               tance Especially as Waterfowl Habitat                      is in danger of extinction throughout
                               program. Ramsar sites are globally                         all or a significant portion of its
                               critical wetland areas that support mi-                    range’’ (16 U.S.C. 1532). ‘‘Threatened
                               gratory waterfowl. These include wet-                      species’’ is defined as ‘‘any species
                               land areas that regularly support 20,000                   which is likely to become an endan-
                               waterfowl; wetland areas that regu-                        gered species within the foreseeable fu-
                               larly support substantial numbers of                       ture throughout all or a significant
                               individuals from particular groups of                      portion of its range’’ (16 U.S.C. 1532).
                               waterfowl, indicative of wetland val-                         Transient Non-community Water System
                               ues, productivity, or diversity; and                       (TNCWS) means a public water system
                               wetland areas that regularly support                       that does not regularly serve at least
                               1% of the individuals in a population of                   25 of the same persons over six months
                               one species or subspecies of waterfowl.                    per year. This type of water system
                                 Sole source aquifer (SSA) means an                       serves a transient population found at
                               area designated by the U.S. Environ-                       rest stops, campgrounds, restaurants,
                               mental Protection Agency under the                         and parks with their own source of
                               Sole Source Aquifer program as the                         water.

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                               § 195.8                                                                49 CFR Ch. I (10– 1– 01 Edition)

                                 Wellhead Protection Area (WHPA)                          § 195.9 Outer continental shelf pipe-
                               means the surface and subsurface area                           lines.
                               surrounding a well or well field that                         Operators of transportation pipelines
                               supplies a public water system through                     on the Outer Continental Shelf must
                               which contaminants are likely to pass                      identify on all their respective pipe-
                               and eventually reach the water well or                     lines the specific points at which oper-
                               well field.                                                ating responsibility transfers to a pro-
                                 Western Hemisphere Shorebird Reserve                     ducing operator. For those instances in
                               Network (WHSRN) site means an area                         which the transfer points are not iden-
                               that contains migratory shorebird con-                     tifiable by a durable marking, each op-
                               centrations and has been designated as                     erator will have until September 15,
                               a hemispheric reserve, international                       1998 to identify the transfer points. If it
                               reserve, regional reserve, or endan-
                                                                                          is not practicable to durably mark a
                               gered species reserve. Hemispheric re-
                                                                                          transfer point and the transfer point is
                               serves host at least 500,000 shorebirds
                                                                                          located above water, the operator must
                               annually or 30% of a species flyway
                                                                                          depict the transfer point on a sche-
                               population. International reserves host
                                                                                          matic maintained near the transfer
                               100,000 shorebirds annually or 15% of a
                                                                                          point. If a transfer point is located
                               species flyway population. Regional re-
                                                                                          subsea, the operator must identify the
                               serves host 20,000 shorebirds annually
                                                                                          transfer point on a schematic which
                               or 5% of a species flyway population.
                                                                                          must be maintained at the nearest up-
                               Endangered species reserves are crit-
                               ical to the survival of endangered spe-                    stream facility and provided to RSPA
                               cies and no minimum number of birds                        upon request. For those cases in which
                               is required.                                               adjoining operators have not agreed on
                                                                                          a transfer point by September 15, 1998
                               [Amdt. 195–71, 65 FR 80544, Dec. 21, 2000]                 the Regional Director and the MMS
                                                                                          Regional Supervisor will make a joint
                               § 195.8 Transportation of hazardous                        determination of the transfer point.
                                   liquid or carbon dioxide in pipe-
                                   lines constructed with other than                      [Amdt. 195–59, 62 FR 61695, Nov. 19, 1997]
                                   steel pipe.
                                  No person may transport any haz-                        § 195.10 Responsibility of operator for
                                                                                              compliance with this part.
                               ardous liquid or carbon dioxide through
                               a pipe that is constructed after October                      An operator may make arrangements
                               1, 1970, for hazardous liquids or after                    with another person for the perform-
                               July 12, 1991 for carbon dioxide of ma-                    ance of any action required by this
                               terial other than steel unless the per-                    part. However, the operator is not
                               son has notified the Administrator in                      thereby relieved from the responsi-
                               writing at least 90 days before the                        bility for compliance with any require-
                               transportation is to begin. The notice                     ment of this part.
                               must state whether carbon dioxide or a
                               hazardous liquid is to be transported                       Subpart B— Reporting Accidents
                               and the chemical name, common name,                          and Safety-Related Conditions
                               properties and characteristics of the
                               hazardous liquid to be transported and                     § 195.50 Reporting accidents.
                               the material used in construction of                          An accident report is required for
                               the pipeline. If the Administrator de-                     each failure in a pipeline system sub-
                               termines that the transportation of the                    ject to this part in which there is a re-
                               hazardous liquid or carbon dioxide in                      lease of the hazardous liquid or carbon
                               the manner proposed would be unduly                        dioxide transported resulting in any of
                               hazardous, he will, within 90 days after                   the following:
                               receipt of the notice, order the person                       (a) Explosion or fire not inten-
                               that gave the notice, in writing, not to                   tionally set by the operator.
                               transport the hazardous liquid or car-                        (b) Loss of 50 or more barrels (8 or
                               bon dioxide in the proposed manner                         more cubic meters) of hazardous liquid
                               until further notice.                                      or carbon dioxide.
                               [Amdt. 195–45, 56 FR 26925, June 12, 1991, as                 (c) Escape to the atmosphere of more
                               amended by Amdt. 195–50, 59 FR 17281, Apr.                 than 5 barrels (0.8 cubic meters) a day
                               12, 1994]                                                  of highly volatile liquids.

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                               Research and Special Programs Administration, DOT                                                     § 195.55

                                 (d) Death of any person.                                 2675) and must include the following in-
                                 (e) Bodily harm to any person result-                    formation:
                               ing in one or more of the following:                         (1) Name and address of the operator.
                                 (1) Loss of consciousness.                                 (2) Name and telephone number of
                                 (2) Necessity to carry the person                        the reporter.
                               from the scene.                                              (3) The location of the failure.
                                 (3) Necessity for medical treatment.                       (4) The time of the failure.
                                 (4) Disability which prevents the dis-                     (5) The fatalities and personal inju-
                               charge of normal duties or the pursuit                     ries, if any.
                               of normal activities beyond the day of                       (6) All other significant facts known
                               the accident.                                              by the operator that are relevant to
                                 (f) Estimated property damage, in-                       the cause of the failure or extent of the
                               cluding cost of clean-up and recovery,                     damages.
                               value of lost product, and damage to                       [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
                               the property of the operator or others,                    amended by Amdt. 195–23, 47 FR 32720, July
                               or both, exceeding $50,000.                                29, 1982; Amdt. 195–44, 54 FR 40878, Oct. 4,
                                                                                          1989; Amdt. 195–45, 56 FR 26925, June 12, 1991;
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981, as              Amdt. 195–52, 59 FR 33396, June 28, 1994]
                               amended by Amdt. 195–39, 53 FR 24950, July 1,
                               1988; Amdt. 195–45, 56 FR 26925, June 12, 1991;            § 195.54    Accident reports.
                               Amdt. 195–52, 59 FR 33396, June 28, 1994;
                               Amdt. 195–63, 63 FR 37506, July 13, 1998]                     (a) Each operator that experiences an
                                                                                          accident that is required to be reported
                               § 195.52 Telephonic notice of certain                      under § 195.50 shall as soon as prac-
                                   accidents.                                             ticable, but not later than 30 days after
                                 (a) At the earliest practicable mo-                      discovery of the accident, prepare and
                               ment following discovery of a release                      file an accident report on DOT Form
                               of the hazardous liquid or carbon diox-                    7000–1, or a facsimile.
                               ide transported resulting in an event                         (b) Whenever an operator receives
                               described in § 195.50, the operator of the                 any changes in the information re-
                               system shall give notice, in accordance                    ported or additions to the original re-
                               with paragraph (b) of this section, of                     port on DOT Form 7000–1, it shall file a
                               any failure that:                                          supplemental report within 30 days.
                                 (1) Caused a death or a personal in-                     [Amdt. 195–39, 53 FR 24950, July 1, 1988]
                               jury requiring hospitalization;
                                 (2) Resulted in either a fire or explo-                  § 195.55 Reporting safety-related con-
                               sion not intentionally set by the oper-                        ditions.
                               ator;                                                        (a) Except as provided in paragraph
                                 (3) Caused estimated property dam-                       (b) of this section, each operator shall
                               age, including cost of cleanup and re-                     report in accordance with § 195.56 the
                               covery, value of lost product, and dam-                    existence of any of the following safe-
                               age to the property of the operator or                     ty-related conditions involving pipe-
                               others, or both, exceeding $50,000;                        lines in service:
                                 (4) Resulted in pollution of any                           (1) General corrosion that has re-
                               stream, river, lake, reservoir, or other                   duced the wall thickness to less than
                               similar body of water that violated ap-                    that required for the maximum oper-
                               plicable   water     quality   standards,                  ating pressure, and localized corrosion
                               caused a discoloration of the surface of                   pitting to a degree where leakage
                               the water or adjoining shoreline, or de-                   might result.
                               posited a sludge or emulsion beneath                         (2) Unintended movement or abnor-
                               the surface of the water or upon adjoin-                   mal loading of a pipeline by environ-
                               ing shorelines; or                                         mental causes, such as an earthquake,
                                 (5) In the judgment of the operator                      landslide, or flood, that impairs its
                               was significant even though it did not                     serviceability.
                               meet the criteria of any other para-                         (3) Any material defect or physical
                               graph of this section.                                     damage that impairs the serviceability
                                 (b) Reports made under paragraph (a)                     of a pipeline.
                               of this section are made by telephone                        (4) Any malfunction or operating
                               to 800–424–8802 (in Washington, DC 267–                    error that causes the pressure of a

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                               § 195.56                                                               49 CFR Ch. I (10– 1– 01 Edition)

                               pipeline to rise above 110 percent of its                  are closely related. To file a report by
                               maximum operating pressure.                                facsimile (fax), dial (202) 366–7128.
                                  (5) A leak in a pipeline that con-                        (b) The report must be headed ‘‘Safe-
                               stitutes an emergency.                                     ty-Related Condition Report’’ and pro-
                                  (6) Any safety-related condition that                   vide the following information:
                               could lead to an imminent hazard and                         (1) Name and principal address of op-
                               causes (either directly or indirectly by                   erator.
                               remedial action of the operator), for                        (2) Date of report.
                               purposes other than abandonment, a 20
                                                                                            (3) Name, job title, and business tele-
                               percent or more reduction in operating
                                                                                          phone number of person submitting the
                               pressure or shutdown of operation of a
                                                                                          report.
                               pipeline.
                                  (b) A report is not required for any                      (4) Name, job title, and business tele-
                               safety-related condition that—                             phone number of person who deter-
                                  (1) Exists on a pipeline that is more                   mined that the condition exists.
                               than 220 yards (200 meters) from any                         (5) Date condition was discovered and
                               building intended for human occupancy                      date condition was first determined to
                               or outdoor place of assembly, except                       exist.
                               that reports are required for conditions                     (6) Location of condition, with ref-
                               within the right-of-way of an active                       erence to the State (and town, city, or
                               railroad, paved road, street, or high-                     county) or offshore site, and as appro-
                               way, or that occur offshore or at on-                      priate nearest street address, offshore
                               shore locations where a loss of haz-                       platform, survey station number, mile-
                               ardous liquid could reasonably be ex-                      post, landmark, or name of pipeline.
                               pected to pollute any stream, river,                         (7) Description of the condition, in-
                               lake, reservoir, or other body of water;                   cluding circumstances leading to its
                                  (2) Is an accident that is required to                  discovery, any significant effects of the
                               be reported under § 195.50 or results in                   condition on safety, and the name of
                               such an accident before the deadline                       the commodity transported or stored.
                               for filing the safety-related condition                      (8) The corrective action taken (in-
                               report; or                                                 cluding reduction of pressure or shut-
                                  (3) Is corrected by repair or replace-                  down) before the report is submitted
                               ment in accordance with applicable                         and the planned follow-up or future
                               safety standards before the deadline for
                                                                                          corrective action, including the antici-
                               filing the safety-related condition re-
                                                                                          pated schedule for starting and con-
                               port, except that reports are required
                                                                                          cluding such action.
                               for all conditions under paragraph
                               (a)(1) of this section other than local-                   [Amdt. 195–39, 53 FR 24950, July 1, 1988; 53 FR
                               ized corrosion pitting on an effectively                   29800, Aug. 8, 1988, as amended by Amdt. 195–
                               coated and cathodically protected pipe-                    42, 54 FR 32344, Aug. 7, 1989; Amdt. 195–44, 54
                               line.                                                      FR 40878, Oct. 4, 1989; Amdt. 195–50, 59 FR
                                                                                          17281, Apr. 12, 1994; Amdt. 195–61, 63 FR 7723,
                               [Amdt. 195–39, 53 FR 24950, July 1, 1988; 53 FR            Feb. 17, 1998]
                               29800, Aug. 8, 1988, as amended by Amdt. 195–
                               63, 63 FR 37506, July 13, 1998]                            § 195.57 Filing offshore pipeline condi-
                                                                                              tion reports.
                               § 195.56 Filing safety-related condition
                                    reports.                                                (a) Each operator shall, within 60
                                  (a) Each report of a safety-related                     days after completion of the inspection
                               condition under § 195.55(a) must be filed                  of all its underwater pipelines subject
                               (received by the Administrator) in                         to § 195.413(a), report the following in-
                               writing within 5 working days (not in-                     formation:
                               cluding Saturdays, Sundays, or Federal                       (1) Name and principal address of op-
                               holidays) after the day a representative                   erator.
                               of the operator first determines that                        (2) Date of report.
                               the condition exists, but not later than                     (3) Name, job title, and business tele-
                               10 working days after the day a rep-                       phone number of person submitting the
                               resentative of the operator discovers                      report.
                               the condition. Separate conditions may                       (4) Total number of miles (kilo-
                               be described in a single report if they                    meters) of pipeline inspected.

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                               Research and Special Programs Administration, DOT                                                     § 195.59

                                 (5) Length and date of installation of                   pipeline facility that crosses over,
                               each exposed pipeline segment, and lo-                     under or through a commercially navi-
                               cation; including, if available, the loca-                 gable waterway, the last operator of
                               tion according to the Minerals Manage-                     that facility must file a report upon
                               ment Service or state offshore area and                    abandonment of that facility.
                               block number tract.                                           (a) The preferred method to submit
                                 (6) Length and date of installation of                   data on pipeline facilities abandoned
                               each pipeline segment, if different from                   after October 10, 2000 is to the National
                               a pipeline segment identified under                        Pipeline Mapping System (NPMS) in
                               paragraph (a)(5) of this section, that is                  accordance with the NPMS ‘‘Standards
                               a hazard to navigation, and the loca-                      for Pipeline and Liquefied Natural Gas
                               tion; including, if available, the loca-                   Operator Submissions.’’ To obtain a
                               tion according to the Minerals Manage-                     copy of the NPMS Standards, please
                               ment Service or state offshore area and                    refer to the NPMS homepage at
                               block number tract.                                        www.npms.rspa.dot.gov or contact the
                                 (b) The report shall be mailed to the                    NPMS National Repository at 703–317–
                               Information Officer, Research and Spe-                     3073. A digital data format is preferred,
                               cial Programs Administration, Depart-                      but hard copy submissions are accept-
                               ment of Transportation, 400 Seventh                        able if they comply with the NPMS
                               Street, SW., Washington, DC 20590.                         Standards. In addition to the NPMS-re-
                                                                                          quired attributes, operators must sub-
                               [Amdt. 195–47, 56 FR 63771, Dec. 5, 1991, as
                               amended by Amdt. 195–63, 63 FR 37506, July
                                                                                          mit the date of abandonment, diame-
                               13, 1998]                                                  ter, method of abandonment, and cer-
                                                                                          tification that, to the best of the oper-
                               § 195.58     Address for written reports.                  ator’s knowledge, all of the reasonably
                                                                                          available information requested was
                                 Each written report required by this
                                                                                          provided and, to the best of the opera-
                               subpart must be made to the Informa-
                                                                                          tor’s knowledge, the abandonment was
                               tion Resources Manager, Office of Pipe-
                                                                                          completed in accordance with applica-
                               line Safety, Research and Special Pro-
                                                                                          ble laws. Refer to the NPMS Standards
                               grams Administration, U.S. Depart-
                                                                                          for details in preparing your data for
                               ment of Transportation, Room 2335, 400
                                                                                          submission. The NPMS Standards also
                               Seventh Street SW., Washington DC
                                                                                          include details of how to submit data.
                               20590. However, accident reports for
                                                                                          Alternatively, operators may submit
                               intrastate pipelines subject to the ju-
                                                                                          reports by mail, fax or e-mail to the In-
                               risdiction of a State agency pursuant
                                                                                          formation Officer, Research and Spe-
                               to a certification under the pipeline
                                                                                          cial Programs Administration, Depart-
                               safety laws (49 U.S.C. 60101 et seq.) may
                                                                                          ment of Transportation, Room 7128, 400
                               be submitted in duplicate to that State
                                                                                          Seventh Street, SW, Washington DC
                               agency if the regulations of that agen-
                                                                                          20590;   fax   (202)   366–4566;  e-mail,
                               cy require submission of these reports
                                                                                          roger.little@rspa.dot.gov. The informa-
                               and provide for further transmittal of
                                                                                          tion in the report must contain all rea-
                               one copy within 10 days of receipt to
                                                                                          sonably available information related
                               the Information Resources Manager.
                                                                                          to the facility, including information
                               Safety-related condition reports re-
                                                                                          in the possession of a third party. The
                               quired by § 195.55 for intrastate pipe-
                                                                                          report must contain the location, size,
                               lines must be submitted concurrently
                                                                                          date, method of abandonment, and a
                               to the State agency, and if that agency
                                                                                          certification that the facility has been
                               acts as an agent of the Secretary with
                                                                                          abandoned in accordance with all ap-
                               respect to interstate pipelines, safety-
                                                                                          plicable laws.
                               related condition reports for these
                                                                                             (b) Data on pipeline facilities aban-
                               pipelines must be submitted concur-
                                                                                          doned before October 10, 2000 must be
                               rently to that agency.
                                                                                          filed by before April 10, 2001. Operators
                               [Amdt. 195–55, 61 FR 18518, Apr. 26, 1996]                 may submit reports by mail, fax or e-
                                                                                          mail to the Information Officer, Re-
                               § 195.59 Abandoned underwater facili-                      search and Special Programs Adminis-
                                   ties report.                                           tration, Department of Transportation,
                                 For each abandoned offshore pipeline                     Room 7128, 400 Seventh Street, SW,
                               facility or each abandoned onshore                         Washington DC 20590; fax (202) 366–4566;

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                               § 195.60                                                               49 CFR Ch. I (10– 1– 01 Edition)

                               e-mail, roger.little@rspa.dot.gov. The                     apply to the movement of line pipe
                               information in the report must contain                     covered by § 195.424.
                               all reasonably available information
                               related to the facility, including infor-                  § 195.101 Qualifying metallic              compo-
                               mation in the possession of a third                            nents other than pipe.
                               party. The report must contain the lo-                       Notwithstanding any requirement of
                               cation, size, date, method of abandon-                     the subpart which incorporates by ref-
                               ment, and a certification that the fa-                     erence an edition of a document listed
                               cility has been abandoned in accord-                       in § 195.3, a metallic component other
                               ance with all applicable laws.                             than pipe manufactured in accordance
                               [Amdt. 195–69, 65 FR 54444, Sept. 8, 2000]                 with any other edition of that docu-
                                                                                          ment is qualified for use if—
                               § 195.60 Operator assistance in inves-                       (a) It can be shown through visual in-
                                   tigation.                                              spection of the cleaned component that
                                 If the Department of Transportation                      no defect exists which might impair
                               investigates an accident, the operator                     the strength or tightness of the compo-
                               involved shall make available to the                       nent: and
                               representative of the Department all                         (b) The edition of the document
                               records and information that in any                        under which the component was manu-
                               way pertain to the accident, and shall                     factured has equal or more stringent
                               afford all reasonable assistance in the                    requirements for the following as an
                               investigation of the accident.                             edition of that document currently or
                                                                                          previously listed in § 195.3:
                               § 195.62 Supplies of accident report                         (1) Pressure testing;
                                   DOT Form 7000– 1.                                        (2) Materials; and
                                 Each operator shall maintain an ade-                       (3) Pressure and temperature ratings.
                               quate supply of forms that are a fac-                      [Amdt. 195–28, 48 FR 30639, July 5, 1983]
                               simile of DOT Form 7000–1 to enable it
                               to promptly report accidents. The De-                      § 195.102    Design temperature.
                               partment will, upon request, furnish                         (a) Material for components of the
                               specimen copies of the form. Requests                      system must be chosen for the tem-
                               should be addressed to the Information                     perature environment in which the
                               Resources Manager, Office of Pipeline                      components will be used so that the
                               Safety, Department of Transportation,                      pipeline will maintain its structural
                               Washington, DC 20590.                                      integrity.
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981, as                (b) Components of carbon dioxide
                               amended at 47 FR 32720, July 29, 1982]                     pipelines that are subject to low tem-
                                                                                          peratures during normal operation be-
                               § 195.63 OMB control number assigned                       cause of rapid pressure reduction or
                                   to information collection.                             during the initial fill of the line must
                                 The control number assigned by the                       be made of materials that are suitable
                               Office of Management and Budget to                         for those low temperatures.
                               the hazardous liquid pipeline informa-
                                                                                          [Admt. 195–45, 56 FR 26925, June 12, 1991]
                               tion collection requirements of this
                               part pursuant to the Paperwork Reduc-                      § 195.104    Variations in pressure.
                               tion Act of 1980 is 2137–0047.
                                                                                            If, within a pipeline system, two or
                               [Amdt. 195–34, 50 FR 34474, Aug. 26, 1985]                 more components are to be connected
                                                                                          at a place where one will operate at a
                                 Subpart C— Design Requirements                           higher pressure than another, the sys-
                                                                                          tem must be designed so that any com-
                               § 195.100      Scope.                                      ponent operating at the lower pressure
                                 This subpart prescribes minimum de-                      will not be overstressed.
                               sign requirements for new pipeline sys-
                               tems constructed with steel pipe and                       § 195.106    Internal design pressure.
                               for relocating, replacing, or otherwise                      (a) Internal design pressure for the
                               changing existing systems constructed                      pipe in a pipeline is determined in ac-
                               with steel pipe. However, it does not                      cordance with the following formula:

                                                                                    134



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                               Research and Special Programs Administration, DOT                                                    § 195.106

                                                 P=(2 St/D)×E×F                               less, the yield strength of the pipe is
                                                                                              taken as the lower of the following:
                                  P=Internal design pressure in p.s.i.
                                                                                                (A) Eighty percent of the average
                                    (kPa) gage.
                                                                                              yield strength determined by the ten-
                                  S=Yield strength in pounds per
                                    square inch (kPa) determined in ac-                       sile tests.
                                    cordance with paragraph (b) of this                         (B) The lowest yield strength deter-
                                    section.                                                  mined by the tensile tests.
                                  t=Nominal wall thickness of the pipe                          (2) If the pipe is not tensile tested as
                                    in inches (millimeters). If this is                       provided in paragraph (b) of this sec-
                                    unknown, it is determined in ac-                          tion, the yield strength shall be taken
                                    cordance with paragraph (c) of this                       as 24,000 p.s.i. (165,474 kPa).
                                    section.                                                    (c) If the nominal wall thickness to
                                  D=Nominal outside diameter of the                           be used in determining internal design
                                    pipe in inches (millimeters).                             pressure under paragraph (a) of this
                                  E=Seam joint factor determined in                           section is not known, it is determined
                                    accordance with paragraph (e) of                          by measuring the thickness of each
                                    this section.                                             piece of pipe at quarter points on one
                                  F=A design factor of 0.72, except that                      end. However, if the pipe is of uniform
                                    a design factor of 0.60 is used for                       grade, size, and thickness, only 10 indi-
                                    pipe, including risers, on a platform                     vidual lengths or 5 percent of all
                                    located offshore or on a platform in                      lengths, whichever is greater, need be
                                    inland navigable waters, and 0.54 is                      measured. The thickness of the lengths
                                    used for pipe that has been sub-                          that are not measured must be verified
                                    jected to cold expansion to meet                          by applying a gage set to the minimum
                                    the    specified   minimum       yield                    thickness found by the measurement.
                                    strength and is subsequently heat-                        The nominal wall thickness to be used
                                    ed, other than by welding or stress                       is the next wall thickness found in
                                    relieving as a part of welding, to a                      commercial specifications that is
                                    temperature higher than 900° F                            below the average of all the measure-
                                    (482° C) for any period of time or
                                                                                              ments taken. However, the nominal
                                    over 600° F (316° C) for more than 1
                                                                                              wall thickness may not be more than
                                    hour.
                                                                                              1.14 times the smallest measurement
                                 (b) The yield strength to be used in                         taken on pipe that is less than 20
                               determining the internal design pres-                          inches (508 mm) nominal outside di-
                               sure under paragraph (a) of this section                       ameter, nor more than 1.11 times the
                               is the specified minimum yield                                 smallest measurement taken on pipe
                               strength. If the specified minimum                             that is 20 inches (508 mm) or more in
                               yield strength is not known, the yield                         nominal outside diameter.
                               strength to be used in the design for-                           (d) The minimum wall thickness of
                               mula is one of the following:                                  the pipe may not be less than 87.5 per-
                                 (1)(i) The yield strength determined                         cent of the value used for nominal wall
                               by performing all of the tensile tests of                      thickness in determining the internal
                               API Specification 5L on randomly se-                           design pressure under paragraph (a) of
                               lected specimens with the following                            this section. In addition, the antici-
                               number of tests:
                                                                                              pated external loads and external pres-
                                           Pipe size                     No. of tests         sures that are concurrent with internal
                                                                                              pressure must be considered in accord-
                               Less than 65⁄8 in (168 mm) nomi-    One test for each 200
                                 nal outside diameter.              lengths.
                                                                                              ance with §§ 195.108 and 195.110 and,
                               6 5⁄8 in through 123⁄4 in (168 mm   One test for each 100      after determining the internal design
                                 through 324 mm) nominal out-       lengths.                  pressure, the nominal wall thickness
                                 side diameter.
                               Larger than 123⁄4 in (324 mm)       One test for each 50
                                                                                              must be increased as necessary to com-
                                 nominal outside diameter.          lengths.                  pensate for these concurrent loads and
                                                                                              pressures.
                                 (ii) If the average yield-tensile ratio                        (e) The seam joint factor used in
                               exceeds 0.85, the yield strength shall be                      paragraph (a) of this section is deter-
                               taken as 24,000 p.s.i. (165,474 kPa). If the                   mined in accordance with the following
                               average yield-tensile ratio is 0.85 or                         table:

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                               § 195.108                                                                                           49 CFR Ch. I (10– 1– 01 Edition)

                                                                                                             Seam      § 195.112    New pipe.
                                Specification                          Pipe class                             joint
                                                                                                             factor      Any new pipe installed in a pipeline
                               ASTM A53 ....        Seamless ..........................................       1.00
                                                                                                                       system must comply with the fol-
                                                    Electric resistance welded ................               1.00     lowing:
                                                    Furnace lap welded ..........................             0.80       (a) The pipe must be made of steel of
                                                    Furnace butt welded .........................             0.60     the carbon, low alloy-high strength, or
                               ASTM A106 ..         Seamless ..........................................       1.00
                               ASTM A 333/          Seamless ..........................................       1.00     alloy type that is able to withstand the
                                A 333M.                                                                                internal pressures and external loads
                                                    Welded ..............................................     1.00     and pressures anticipated for the pipe-
                               ASTM A381 ..         Double submerged arc welded .........                     1.00     line system.
                               ASTM A671 ..         Electric-fusion-welded .......................            1.00
                               ASTM A672 ..         Electric-fusion-welded .......................            1.00       (b) The pipe must be made in accord-
                               ASTM A691 ..         Electric-fusion-welded .......................            1.00     ance with a written pipe specification
                               API 5L ...........   Seamless ..........................................       1.00     that sets forth the chemical require-
                                                    Electric resistance welded ................               1.00
                                                    Electric flash welded .........................           1.00
                                                                                                                       ments for the pipe steel and mechan-
                                                    Submerged arc welded .....................                1.00     ical tests for the pipe to provide pipe
                                                    Furnace lap welded ..........................             0.80     suitable for the use intended.
                                                    Furnace butt welded .........................             0.60
                                                                                                                         (c) Each length of pipe with a nomi-
                                                                                                                       nal outside diameter of 4 1⁄2 in (114.3
                               The seam joint factor for pipe which is                                                 mm) or more must be marked on the
                               not covered by this paragraph must be                                                   pipe or pipe coating with the specifica-
                               approved by the Administrator.                                                          tion to which it was made, the speci-
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47                                           fied minimum yield strength or grade,
                               FR 32721, July 29, 1982, as amended by Amdt.                                            and the pipe size. The marking must be
                               195–30, 49 FR 7569, Mar. 1, 1984; Amdt 195–37,                                          applied in a manner that does not dam-
                               51 FR 15335, Apr. 23, 1986; Amdt 195–40, 54 FR                                          age the pipe or pipe coating and must
                               5628, Feb. 6, 1989; 58 FR 14524, Mar. 18, 1993;                                         remain visible until the pipe is in-
                               Amdt. 195–50, 59 FR 17281, Apr. 12, 1994; Amdt.
                                                                                                                       stalled.
                               195–52, 59 FR 33396, 33397, June 28, 1994; Amdt.
                               195–63, 63 FR 37506, July 13, 1998]                                                     [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
                                                                                                                       amended by Amdt. 195–52, 59 FR 33396, June
                               § 195.108 External pressure.                                                            28, 1994; Amdt. 195–63, 63 FR 37506, July 13,
                                  Any external pressure that will be                                                   1998]
                               exerted on the pipe must be provided                                                    § 195.114    Used pipe.
                               for in designing a pipeline system.
                                                                                                                          Any used pipe installed in a pipeline
                               § 195.110 External loads.                                                               system must comply with § 195.112 (a)
                                  (a) Anticipated external loads (e.g.),                                               and (b) and the following:
                               earthquakes, vibration, thermal expan-                                                     (a) The pipe must be of a known spec-
                               sion, and contraction must be provided                                                  ification and the seam joint factor
                               for in designing a pipeline system. In                                                  must be determined in accordance with
                               providing for expansion and flexibility,                                                § 195.106(e). If the specified minimum
                               section 419 of ASME/ANSI B31.4 must                                                     yield strength or the wall thickness is
                               be followed.                                                                            not known, it is determined in accord-
                                  (b) The pipe and other components                                                    ance with § 195.106 (b) or (c) as appro-
                               must be supported in such a way that                                                    priate.
                               the support does not cause excess local-                                                   (b) There may not be any:
                               ized stresses. In designing attachments                                                    (1) Buckles;
                               to pipe, the added stress to the wall of                                                   (2) Cracks, grooves, gouges, dents, or
                               the pipe must be computed and com-                                                      other surface defects that exceed the
                               pensated for.                                                                           maximum depth of such a defect per-
                                                                                                                       mitted by the specification to which
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981, as                                           the pipe was manufactured; or
                               amended at 58 FR 14524, Mar. 18, 1993]                                                     (3) Corroded areas where the remain-
                               § 195.111 Fracture propagation.                                                         ing wall thickness is less than the min-
                                                                                                                       imum thickness required by the toler-
                                  A carbon dioxide pipeline system                                                     ances in the specification to which the
                               must be designed to mitigate the ef-                                                    pipe was manufactured.
                               fects of fracture propagation.
                                                                                                                       However, pipe that does not meet the
                               [Amdt. 195–45, 56 FR 26926, June 12, 1991]                                              requirements of paragraph (b)(3) of this

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                               Research and Special Programs Administration, DOT                                                § 195.120

                               section may be used if the operating                       in the fitting that might reduce the
                               pressure is reduced to be commensu-                        strength of the fitting.
                               rate with the remaining wall thick-                          (c) The fitting must be suitable for
                               ness.                                                      the intended service and be at least as
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47              strong as the pipe and other fittings in
                               FR 32721, July 29, 1982]                                   the pipeline system to which it is at-
                                                                                          tached.
                               § 195.116 Valves.
                                                                                          [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
                                  Each valve installed in a pipeline                      FR 32721, July 29, 1982, as amended at 58 FR
                               system must comply with the fol-                           14524, Mar. 18, 1993]
                               lowing:
                                  (a) The valve must be of a sound en-                    § 195.120 Passage of internal inspec-
                               gineering design.                                               tion devices.
                                  (b) Materials subject to the internal                      (a) Except as provided in paragraphs
                               pressure of the pipeline system, includ-                   (b) and (c) of this section, each new
                               ing welded and flanged ends, must be                       pipeline and each line section of a pipe-
                               compatible with the pipe or fittings to                    line where the line pipe, valve, fitting
                               which the valve is attached.                               or other line component is replaced;
                                  (c) Each part of the valve that will be                 must be designed and constructed to
                               in contact with the carbon dioxide or                      accommodate the passage of instru-
                               hazardous liquid stream must be made                       mented internal inspection devices.
                               of materials that are compatible with                         (b) This section does not apply to:
                               carbon dioxide or each hazardous liquid                       (1) Manifolds;
                               that it is anticipated will flow through                      (2) Station piping such as at pump
                               the pipeline system.                                       stations, meter stations, or pressure
                                  (d) Each valve must be both                             reducing stations;
                               hydrostatically      shell   tested   and                     (3) Piping associated with tank farms
                               hydrostatically seat tested without                        and other storage facilities;
                               leakage to at least the requirements                          (4) Cross-overs;
                               set forth in section 5 of API Standard                        (5) Sizes of pipe for which an instru-
                               6D.                                                        mented internal inspection device is
                                  (e) Each valve other than a check                       not commercially available;
                               valve must be equipped with a means                           (6) Offshore pipelines, other than
                               for clearly indicating the position of                     main lines 10 inches (254 millimeters)
                               the valve (open, closed, etc.).                            or greater in nominal diameter, that
                                  (f) Each valve must be marked on the                    transport liquids to onshore facilities;
                               body or the nameplate, with at least                       and
                               the following:                                                (7) Other piping that the Adminis-
                                  (1) Manufacturer’s name or trade-                       trator under § 190.9 of this chapter,
                               mark.                                                      finds in a particular case would be im-
                                  (2) Class designation or the maximum                    practicable to design and construct to
                               working pressure to which the valve                        accommodate the passage of instru-
                               may be subjected.                                          mented internal inspection devices.
                                  (3) Body material designation (the                         (c) An operator encountering emer-
                               end connection material, if more than                      gencies, construction time constraints
                               one type is used).                                         and other unforeseen construction
                                  (4) Nominal valve size.                                 problems need not construct a new or
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981 as               replacement segment of a pipeline to
                               amended by Amdt. 195–45, 56 FR 26926, June                 meet paragraph (a) of this section, if
                               12, 1991]                                                  the operator determines and docu-
                                                                                          ments why an impracticability pro-
                               § 195.118 Fittings.                                        hibits compliance with paragraph (a) of
                                  (a) Butt-welding type fittings must                     this section. Within 30 days after dis-
                               meet the marking, end preparation,                         covering the emergency or construc-
                               and the bursting strength requirements                     tion problem the operator must peti-
                               of ASME/ANSI B16.9 or MSS Standard                         tion, under § 190.9 of this chapter, for
                               Practice SP–75.                                            approval that design and construction
                                  (b) There may not be any buckles,                       to accommodate passage of instru-
                               dents, cracks, gouges, or other defects                    mented internal inspection devices

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                               § 195.122                                                              49 CFR Ch. I (10–1–01 Edition)

                               would be impracticable. If the petition                      (b) For aboveground breakout tanks
                               is denied, within 1 year after the date                    first placed in service after October 2,
                               of the notice of the denial, the operator                  2000, compliance with paragraph (a) of
                               must modify that segment to allow                          this section requires one of the fol-
                               passage of instrumented internal in-                       lowing:
                               spection devices.                                            (1) Shop-fabricated, vertical, cylin-
                               [Amdt. 195–50, 59 FR 17281, Apr. 12, 1994, as              drical, closed top, welded steel tanks
                               amended by Amdt. 195–63, 63 FR 37506, July                 with nominal capacities of 90 to 750
                               13, 1998]                                                  barrels (14.3 to 119.2 m 3) and with inter-
                                                                                          nal vapor space pressures that are ap-
                               § 195.122 Fabricated            branch      connec-        proximately atmospheric must be de-
                                   tions.                                                 signed and constructed in accordance
                                 Each pipeline system must be de-                         with API Specification 12F.
                               signed so that the addition of any fab-                      (2) Welded, low-pressure (i.e., inter-
                               ricated branch connections will not re-                    nal vapor space pressure not greater
                               duce the strength of the pipeline sys-                     than 15 psig (103.4 kPa)), carbon steel
                               tem.                                                       tanks that have wall shapes that can
                                                                                          be generated by a single vertical axis of
                               § 195.124      Closures.                                   revolution must be designed and con-
                                 Each closure to be installed in a pipe-                  structed in accordance with API Stand-
                               line system must comply with the                           ard 620.
                               ASME Boiler and Pressure Vessel Code,                        (3) Vertical, cylindrical, welded steel
                               section VIII, Pressure Vessels, Division                   tanks with internal pressures at the
                               1, and must have pressure and tempera-                     tank top approximating atmospheric
                               ture ratings at least equal to those of                    pressures (i.e., internal vapor space
                               the pipe to which the closure is at-                       pressures not greater than 2.5 psig (17.2
                               tached.                                                    kPa), or not greater than the pressure
                                                                                          developed by the weight of the tank
                               § 195.126      Flange connection.                          roof) must be designed and constructed
                                 Each component of a flange connec-                       in accordance with API Standard 650.
                               tion must be compatible with each                            (4) High pressure steel tanks (i.e., in-
                               other component and the connection as                      ternal gas or vapor space pressures
                               a unit must be suitable for the service                    greater than 15 psig (103.4 kPa)) with a
                               in which it is to be used.                                 nominal capacity of 2000 gallons (7571
                                                                                          liters) or more of liquefied petroleum
                               § 195.128      Station piping.                             gas (LPG) must be designed and con-
                                 Any pipe to be installed in a station                    structed in accordance with API Stand-
                               that is subject to system pressure must                    ard 2510.
                               meet the applicable requirements of                        [Amdt. 195–66, 64 FR 15935, Apr. 2, 1999]
                               this subpart.
                                                                                          § 195.134    CPM leak detection.
                               § 195.130      Fabricated assemblies.
                                                                                            This section applies to each haz-
                                 Each fabricated assembly to be in-                       ardous liquid pipeline transporting liq-
                               stalled in a pipeline system must meet                     uid in single phase (without gas in the
                               the applicable requirements of this                        liquid). On such systems, each new
                               subpart.
                                                                                          computational    pipeline   monitoring
                               195.132 Design and construction                     of     (CPM) leak detection system and each
                                   aboveground breakout tanks.                            replaced component of an existing CPM
                                                                                          system must comply with section 4.2 of
                                 (a) Each aboveground breakout tank                       API 1130 in its design and with any
                               must be designed and constructed to                        other design criteria addressed in API
                               withstand the internal pressure pro-                       1130 for components of the CPM leak
                               duced by the hazardous liquid to be
                                                                                          detection system.
                               stored therein and any anticipated ex-
                               ternal loads.                                              [Amdt. 195–62, 63 FR 36376, July 6, 1998]




                                                                                    138



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                               Research and Special Programs Administration, DOT                                                § 195.212

                                       Subpart D—Construction                             must be in accordance with the design,
                                                                                          welding, examination, and material re-
                               § 195.200 Scope.                                           quirements of those respective stand-
                                  This subpart prescribes minimum re-                     ards.
                               quirements for constructing new pipe-                        (3) For high pressure tanks built to
                               line systems with steel pipe, and for re-                  API Standard 2510, repairs, alterations,
                               locating,   replacing,   or    otherwise                   and reconstruction must be in accord-
                               changing existing pipeline systems                         ance with API 510.
                               that are constructed with steel pipe.                      [Amdt. 195–66, 64 FR 15935, Apr. 2, 1999]
                               However, this subpart does not apply
                               to the movement of pipe covered by                         § 195.206 Material inspection.
                               § 195.424.                                                    No pipe or other component may be
                                                                                          installed in a pipeline system unless it
                               § 195.202 Compliance with specifica-
                                   tions or standards.                                    has been visually inspected at the site
                                                                                          of installation to ensure that it is not
                                  Each pipeline system must be con-                       damaged in a manner that could impair
                               structed in accordance with com-                           its strength or reduce its service-
                               prehensive written specifications or                       ability.
                               standards that are consistent with the
                               requirements of this part.                                 § 195.208 Welding of supports and
                                                                                               braces.
                               § 195.204 Inspection—general.
                                                                                             Supports or braces may not be weld-
                                  Inspection must be provided to en-                      ed directly to pipe that will be oper-
                               sure the installation of pipe or pipeline                  ated at a pressure of more than 100
                               systems in accordance with the re-                         p.s.i. (689 kPa) gage.
                               quirements of this subpart. No person
                               may be used to perform inspections un-                     [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
                               less that person has been trained and is                   amended by Amdt. 195–63, 63 FR 37506, July
                                                                                          13, 1998]
                               qualified in the phase of construction
                               to be inspected.                                           § 195.210 Pipeline location.
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981, as                 (a) Pipeline right-of-way must be se-
                               amended by Amdt. 195–52, 59 FR 33397, June                 lected to avoid, as far as practicable,
                               28, 1994]
                                                                                          areas containing private dwellings, in-
                               § 195.205 Repair, alteration and recon-                    dustrial buildings, and places of public
                                    struction of aboveground breakout                     assembly.
                                    tanks that have been in service.                         (b) No pipeline may be located within
                                  (a) Aboveground breakout tanks that                     50 feet (15 meters) of any private dwell-
                               have been repaired, altered, or recon-                     ing, or any industrial building or place
                               structed and returned to service must                      of public assembly in which persons
                               be capable of withstanding the internal                    work, congregate, or assemble, unless
                               pressure produced by the hazardous liq-                    it is provided with at least 12 inches
                               uid to be stored therein and any antici-                   (305 millimeters) of cover in addition to
                               pated external loads.                                      that prescribed in § 195.248.
                                  (b) After October 2, 2000, compliance                   [Amdt. 195–22, 46 FR 39360, July 27, 1981, as
                               with paragraph (a) of this section re-                     amended by Amdt. 195–63, 63 FR 37506, July
                               quires the following for the tanks spec-                   13, 1998]
                               ified:
                                  (1) For tanks designed for approxi-                     § 195.212 Bending of pipe.
                               mately atmospheric pressure con-                              (a) Pipe must not have a wrinkle
                               structed of carbon and low alloy steel,                    bend.
                               welded or riveted, and non-refrigerated                       (b) Each field bend must comply with
                               and tanks built to API Standard 650 or                     the following:
                               its predecessor Standard 12C, repair, al-                     (1) A bend must not impair the serv-
                               teration, and reconstruction must be in                    iceability of the pipe.
                               accordance with API Standard 653.                             (2) Each bend must have a smooth
                                  (2) For tanks built to API Specifica-                   contour and be free from buckling,
                               tion 12F or API Standard 620, the re-                      cracks, or any other mechanical dam-
                               pair, alteration, and reconstruction                       age.

                                                                                    139



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                               § 195.214                                                              49 CFR Ch. I (10–1–01 Edition)

                                 (3) On pipe containing a longitudinal                    § 195.224    Welding: Weather.
                               weld, the longitudinal weld must be as
                                                                                            Welding must be protected from
                               near as practicable to the neutral axis
                                                                                          weather conditions that would impair
                               of the bend unless—                                        the quality of the completed weld.
                                 (i) The bend is made with an internal
                               bending mandrel; or                                        § 195.226    Welding: Arc burns.
                                 (ii) The pipe is 123⁄4 in (324 mm) or
                                                                                            (a) Each arc burn must be repaired.
                               less nominal outside diameter or has a
                                                                                            (b) An arc burn may be repaired by
                               diameter to wall thickness ratio less
                                                                                          completely removing the notch by
                               than 70.
                                                                                          grinding, if the grinding does not re-
                                 (c) Each circumferential weld which                      duce the remaining wall thickness to
                               is located where the stress during bend-                   less than the minimum thickness re-
                               ing causes a permanent deformation in                      quired by the tolerances in the speci-
                               the pipe must be nondestructively test-                    fication to which the pipe is manufac-
                               ed either before or after the bending                      tured. If a notch is not repairable by
                               process.                                                   grinding, a cylinder of the pipe con-
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981, as              taining the entire notch must be re-
                               amended by Amdt. 195–52, 59 FR 33396, June                 moved.
                               28, 1994; Amdt. 195–63, 63 FR 37506, July 13,                (c) A ground may not be welded to
                               1998]                                                      the pipe or fitting that is being welded.

                               § 195.214      Welding: General.                           § 195.228 Welds and welding inspec-
                                                                                              tion: Standards of acceptability.
                                 (a) Welding must be performed by a
                               qualified welder in accordance with                          (a) Each weld and welding must be
                               welding     procedures    qualified    to                  inspected to insure compliance with
                               produce welds meeting the require-                         the requirements of this subpart. Vis-
                               ments of this subpart. The quality of                      ual inspection must be supplemented
                               the test welds used to qualify the pro-                    by nondestructive testing.
                               cedure shall be determined by destruc-                       (b) The acceptability of a weld is de-
                               tive testing.                                              termined according to the standards in
                                 (b) Each welding procedure must be                       section 6 of API Standard 1104. How-
                                                                                          ever, if a girth weld is unacceptable
                               recorded in detail, including the results
                                                                                          under those standards for a reason
                               of the qualifying tests. This record
                                                                                          other than a crack, and if the Appendix
                               must be retained and followed when-
                                                                                          to API Standard 1104 applies to the
                               ever the procedure is used.                                weld, the acceptability of the weld may
                               [Amdt. 195–38, 51 FR 20297, June 4, 1986]                  be determined under that appendix.
                                                                                          [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
                               § 195.216      Welding: Miter joints.
                                                                                          amended by Amdt. 195–52, 59 FR 33397, June
                                 A miter joint is not permitted (not                      28, 1994]
                               including deflections up to 3 degrees
                               that are caused by misalignment).                          § 195.230 Welds: Repair or removal of
                                                                                              defects.
                               § 195.222 Welders:            Qualification         of       (a) Each weld that is unacceptable
                                   welders.                                               under § 195.228 must be removed or re-
                                 Each welder must be qualified in ac-                     paired. Except for welds on an offshore
                               cordance with section 3 of API Stand-                      pipeline being installed from a pipelay
                               ard 1104 or section IX of the ASME                         vessel, a weld must be removed if it has
                               Boiler and Pressure Vessel Code, except                    a crack that is more than 8 percent of
                               that a welder qualified under an earlier                   the weld length.
                               edition than listed in § 195.3 may weld                      (b) Each weld that is repaired must
                               but may not requalify under that ear-                      have the defect removed down to sound
                                                                                          metal and the segment to be repaired
                               lier edition.
                                                                                          must be preheated if conditions exist
                               [Amdt. 195–32, 49 FR 36860, Sept. 20, 1984, as             which would adversely affect the qual-
                               amended by Amdt. 195–38, 51 FR 20297, June                 ity of the weld repair. After repair, the
                               4, 1986]                                                   segment of the weld that was repaired

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                               Research and Special Programs Administration, DOT                                                § 195.242

                               must be inspected to ensure its accept-                      (4) Within the limits of any incor-
                               ability.                                                   porated subdivision of a State govern-
                                 (c) Repair of a crack, or of any defect                  ment; and
                               in a previously repaired area must be                        (5) Within populated areas, including,
                               in accordance with written weld repair                     but not limited to, residential subdivi-
                               procedures that have been qualified                        sions, shopping centers, schools, des-
                               under § 195.214. Repair procedures must                    ignated commercial areas, industrial
                               provide that the minimum mechanical                        facilities, public institutions, and
                               properties specified for the welding                       places of public assembly.
                               procedure used to make the original                          (f) When installing used pipe, 100 per-
                               weld are met upon completion of the                        cent of the old girth welds must be
                               final weld repair.                                         nondestructively tested.
                                                                                            (g) At pipeline tie-ins, including tie-
                               [Amdt. 195–29, 48 FR 48674, Oct. 20, 1983]                 ins of replacement sections, 100 percent
                                                                                          of the girth welds must be nondestruc-
                               § 195.234      Welds: Nondestructive test-                 tively tested.
                                   ing.
                                                                                          [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
                                 (a) A weld may be nondestructively                       amended by Amdt. 195–35, 50 FR 37192, Sept.
                               tested by any process that will clearly                    21, 1985; Amdt. 195–52, 59 FR 33397, June 28,
                               indicate any defects that may affect                       1994]
                               the integrity of the weld.
                                 (b) Any nondestructive testing of                        § 195.236 External corrosion protec-
                                                                                              tion.
                               welds must be performed—
                                 (1) In accordance with a written set                        Each component in the pipeline sys-
                               of procedures for nondestructive test-                     tem must be provided with protection
                               ing; and                                                   against external corrosion.
                                 (2) With personnel that have been                        § 195.238 External coating.
                               trained in the established procedures
                               and in the use of the equipment em-                           (a) No pipeline system component
                                                                                          may be buried or submerged unless
                               ployed in the testing.
                                                                                          that component has an external protec-
                                 (c) Procedures for the proper inter-                     tive coating that—
                               pretation of each weld inspection must                        (1) Is designed to mitigate corrosion
                               be established to ensure the accept-                       of the buried or submerged component;
                               ability of the weld under § 195.228.                          (2) Has sufficient adhesion to the
                                 (d) During construction, at least 10                     metal surface to prevent underfilm mi-
                               percent of the girth welds made by                         gration of moisture;
                               each welder during each welding day                           (3) Is sufficiently ductile to resist
                               must be nondestructively tested over                       cracking;
                               the entire circumference of the weld.                         (4) Has enough strength to resist
                                 (e) All girth welds installed each day                   damage due to handling and soil stress;
                               in the following locations must be non-                    and
                               destructively tested over their entire                        (5) Supports any supplemental ca-
                               circumference, except that when non-                       thodic protection.
                               destructive testing is impracticable for                   In addition, if an insulating-type coat-
                               a girth weld, it need not be tested if                     ing is used it must have low moisture
                               the number of girth welds for which                        absorption and provide high electrical
                               testing is impracticable does not ex-                      resistance.
                               ceed 10 percent of the girth welds in-                        (b) All pipe coating must be inspected
                               stalled that day:                                          just prior to lowering the pipe into the
                                 (1) At any onshore location where a                      ditch or submerging the pipe, and any
                               loss of hazardous liquid could reason-                     damage discovered must be repaired.
                               ably be expected to pollute any stream,
                               river, lake, reservoir, or other body of                   § 195.242 Cathodic protection system.
                               water, and any offshore area;                                 (a) A cathodic protection system
                                 (2) Within railroad or public road                       must be installed for all buried or sub-
                               rights-of-way;                                             merged facilities to mitigate corrosion
                                 (3) At overhead road crossings and                       that might result in structural failure.
                               within tunnels;                                            A test procedure must be developed to

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                               § 195.244                                                                                                               49 CFR Ch. I (10–1–01 Edition)

                               determine whether adequate cathodic                                                                  (b) Test leads must be installed as
                               protection has been achieved.                                                                      follows:
                                 (b) A cathodic protection system                                                                   (1) Enough looping or slack must be
                               must be installed not later than 1 year                                                            provided to prevent test leads from
                               after completing the construction.                                                                 being unduly stressed or broken during
                                 (c) For the bottoms of aboveground                                                               backfilling.
                               breakout tanks with greater than 500                                                                 (2) Each lead must be attached to the
                               barrels (79.5 m 3) capacity built to API                                                           pipe so as to prevent stress concentra-
                               Specification 12F, API Standard 620, or                                                            tion on the pipe.
                               API Standard 650 (or its predecessor                                                                 (3) Each lead installed in a conduit
                               Standard 12C), the installation of a ca-                                                           must be suitably insulated from the
                               thodic protection system under para-                                                               conduit.
                               graph (a) of this section after October
                               2, 2000, must be in accordance with API                                                            § 195.246 Installation                                 of    pipe     in        a
                               Recommended Practice 651, unless the                                                                   ditch.
                               operator notes in the procedural man-
                                                                                                                                    (a) All pipe installed in a ditch must
                               ual (§ 195.402(c)) why compliance with
                                                                                                                                  be installed in a manner that mini-
                               all or certain provisions of API Rec-
                                                                                                                                  mizes the introduction of secondary
                               ommended Practice 651 is not nec-
                                                                                                                                  stresses and the possibility of damage
                               essary for the safety of a particular
                                                                                                                                  to the pipe.
                               breakout tank.
                                 (d) For the internal bottom of above-                                                              (b) Except for pipe in the Gulf of
                               ground breakout tanks built to API                                                                 Mexico and its inlets, all offshore pipe
                               Specification 12F, API Standard 620, or                                                            in water at least 3.7 m (12 ft) deep but
                               API Standard 650 (or its predecessor                                                               not more than 61 m (200 ft) deep, as
                               Standard 12C), the installation of a                                                               measured from the mean low tide,
                               tank bottom lining after October 2,                                                                must be installed so that the top of the
                               2000, must be in accordance with API                                                               pipe is below the natural bottom unless
                               Recommended Practice 652, unless the                                                               the pipe is supported by stanchions,
                               operator notes in the procedural man-                                                              held in place by anchors or heavy con-
                               ual (§ 195.402(c)) why compliance with                                                             crete coating, or protected by an equiv-
                               all or certain provisions of API Rec-                                                              alent means.
                               ommended Practice 652 is not nec-                                                                  [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
                               essary for the safety of a particular                                                              amended by Amdt. 195–52, 59 FR 33397, June
                               breakout tank.                                                                                     28, 1994; 59 FR 36256, July 15, 1994]
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
                                                                                                                                  § 195.248              Cover over buried pipeline.
                               amended by Amdt. 195–66, 64 FR 15935, Apr. 2,
                               1999]                                                                                                (a) Unless specifically exempted in
                                                                                                                                  this subpart, all pipe must be buried so
                               § 195.244 Test leads.                                                                              that it is below the level of cultivation.
                                  (a) Except for offshore pipelines, elec-                                                        Except as provided in paragraph (b) of
                               trical test leads used for corrosion con-                                                          this section, the pipe must be installed
                               trol or electrolysis testing must be in-                                                           so that the cover between the top of
                               stalled at intervals frequent enough to                                                            the pipe and the ground level, road bed,
                               obtain electrical measurements indi-                                                               river bottom, or sea bottom, as appli-
                               cating the adequacy of the cathodic                                                                cable, complies with the following
                               protection.                                                                                        table:
                                                                                                                                                                                         Cover inches (millime-
                                                                                                                                                                                                 ters)
                                                                                                    Location                                                                                           For rock
                                                                                                                                                                                         For normal     exca-
                                                                                                                                                                                         excavation    vation 1

                               Industrial, commercial, and residential areas ...........................................................................................                   36 (914)     30 (762)
                               Crossings of inland bodies of water with a width of at least 100 ft (30 mm) from high water mark to
                                 high water mark .....................................................................................................................................    48 (1219)     18 (457)
                               Drainage ditches at public roads and railroads ........................................................................................                     36 (914)     36 (914)
                               Deepwater port safety zone ......................................................................................................................          48 (1219)     24 (610)
                               Gulf of Mexico and its inlets and other offshore areas under water less than 12 ft (3.7 m) deep as
                                 measured from the mean low tide .........................................................................................................                 36 (914)     18 (457)



                                                                                                                          142



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                               Research and Special Programs Administration, DOT                                                                                                                     § 195.260

                                                                                                                                                                                            Cover inches (millime-
                                                                                                                                                                                                    ters)
                                                                                                     Location                                                                                             For rock
                                                                                                                                                                                            For normal     exca-
                                                                                                                                                                                            excavation    vation 1

                               Any other area ...........................................................................................................................................     30 (762)     18 (457)
                                  1 Rock     excavation is any excavation that requires blasting or removal by equivalent means.



                                 (b) Except for the Gulf of Mexico and                                                               (5) In any area inaccessible to the
                               its inlets, less cover than the minimum                                                             public.
                               required by paragraph (a) of this sec-                                                                (b) Each component covered by this
                               tion and § 195.210 may be used if—                                                                  section must be protected from the
                                 (1) It is impracticable to comply with                                                            forces exerted by the anticipated loads.
                               the minimum cover requirements; and
                                 (2) Additional protection is provided                                                             § 195.256 Crossing of railroads and
                               that is equivalent to the minimum re-                                                                   highways.
                               quired cover.                                                                                          The pipe at each railroad or highway
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47                                                       crossing must be installed so as to ade-
                               FR 32721, July 29, 1982 as amended by Amdt.                                                         quately withstand the dynamic forces
                               195–52, 59 FR 33397, June 28, 1994; 59 FR 36256,                                                    exerted by anticipated traffic loads.
                               July 15, 1994; Amdt. 195–63, 63 FR 37506, July
                               13, 1998]                                                                                           § 195.258 Valves: General.
                                                                                                                                      (a) Each valve must be installed in a
                               § 195.250 Clearance between pipe and                                                                location that is accessible to author-
                                   underground structures.
                                                                                                                                   ized employees and that is protected
                                  Any pipe installed underground must                                                              from damage or tampering.
                               have at least 12 inches (305 millime-                                                                  (b) Each submerged valve located off-
                               ters) of clearance between the outside                                                              shore or in inland navigable waters
                               of the pipe and the extremity of any                                                                must be marked, or located by conven-
                               other underground structure, except                                                                 tional survey techniques, to facilitate
                               that for drainage tile the minimum                                                                  quick location when operation of the
                               clearance may be less than 12 inches                                                                valve is required.
                               (305 millimeters) but not less than 2
                               inches (51 millimeters). However,                                                                   § 195.260 Valves: Location.
                               where 12 inches (305 millimeters) of                                                                   A valve must be installed at each of
                               clearance is impracticable, the clear-                                                              the following locations:
                               ance may be reduced if adequate provi-                                                                 (a) On the suction end and the dis-
                               sions are made for corrosion control.                                                               charge end of a pump station in a man-
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981, as                                                       ner that permits isolation of the pump
                               amended by Amdt. 195–63, 63 FR 37506, July                                                          station equipment in the event of an
                               13, 1998]                                                                                           emergency.
                                                                                                                                      (b) On each line entering or leaving a
                               § 195.252 Backfilling.                                                                              breakout storage tank area in a man-
                                  Backfilling must be performed in a                                                               ner that permits isolation of the tank
                               manner that protects any pipe coating                                                               area from other facilities.
                               and provides firm support for the pipe.                                                                (c) On each mainline at locations
                                                                                                                                   along the pipeline system that will
                               § 195.254 Above ground components.                                                                  minimize damage or pollution from ac-
                                  (a) Any component may be installed                                                               cidental hazardous liquid discharge, as
                               above ground in the following situa-                                                                appropriate for the terrain in open
                               tions, if the other applicable require-                                                             country, for offshore areas, or for popu-
                               ments of this part are complied with:                                                               lated areas.
                                  (1) Overhead crossings of highways,                                                                 (d) On each lateral takeoff from a
                               railroads, or a body of water.                                                                      trunk line in a manner that permits
                                  (2) Spans over ditches and gullies.                                                              shutting off the lateral without inter-
                                  (3) Scraper traps or block valves.                                                               rupting the flow in the trunk line.
                                  (4) Areas under the direct control of                                                               (e) On each side of a water crossing
                               the operator.                                                                                       that is more than 100 feet (30 meters)

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                               § 195.262                                                              49 CFR Ch. I (10–1–01 Edition)

                               wide from high-water mark to high-                           (b) After October 2, 2000, compliance
                               water mark unless the Administrator                        with paragraph (a) of this section re-
                               finds in a particular case that valves                     quires the following for the above-
                               are not justified.                                         ground breakout tanks specified:
                                 (f) On each side of a reservoir holding                    (1) For tanks built to API Specifica-
                               water for human consumption.                               tion 12F, API Standard 620, and others
                                                                                          (such as API Standard 650 or its prede-
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
                                                                                          cessor Standard 12C), the installation
                               FR 32721, July 29, 1982; Amdt. 195–50, 59 FR
                               17281, Apr. 12, 1994; Amdt. 195–63, 63 FR 37506,           of impoundment must be in accordance
                               July 13, 1998]                                             with the following sections of NFPA 30:
                                                                                            (i) Impoundment around a breakout
                               § 195.262      Pumping equipment.                          tank must be installed in accordance
                                                                                          with Section 2–3.4.3; and
                                 (a) Adequate ventilation must be pro-
                                                                                            (ii) Impoundment by drainage to a re-
                               vided in pump station buildings to pre-
                                                                                          mote impounding area must be in-
                               vent the accumulation of hazardous va-
                                                                                          stalled in accordance with Section 2–
                               pors. Warning devices must be installed
                                                                                          3.4.2.
                               to warn of the presence of hazardous
                                                                                            (2) For tanks built to API Standard
                               vapors in the pumping station building.
                                                                                          2510, the installation of impoundment
                                 (b) The following must be provided in
                                                                                          must be in accordance with Section 3
                               each pump station:
                                                                                          or 9 of API Standard 2510.
                                 (1) Safety devices that prevent over-                      (c) Aboveground breakout tank areas
                               pressuring of pumping equipment, in-                       must be adequately protected against
                               cluding the auxiliary pumping equip-                       unauthorized entry.
                               ment within the pumping station.                             (d) Normal/emergency relief venting
                                 (2) A device for the emergency shut-                     must be provided for each atmospheric
                               down of each pumping station.                              pressure breakout tank. Pressure/vacu-
                                 (3) If power is necessary to actuate                     um-relieving devices must be provided
                               the safety devices, an auxiliary power                     for each low-pressure and high-pressure
                               supply.                                                    breakout tank.
                                 (c) Each safety device must be tested                      (e) For normal/emergency relief vent-
                               under conditions approximating actual                      ing and pressure/vacuum-relieving de-
                               operations and found to function prop-                     vices installed on aboveground break-
                               erly before the pumping station may be                     out tanks after October 2, 2000, compli-
                               used.                                                      ance with paragraph (d) of this section
                                 (d) Except for offshore pipelines,                       requires the following for the tanks
                               pumping equipment must be installed                        specified:
                               on property that is under the control of                     (1) Normal/emergency relief venting
                               the operator and at least 15.2 m (50 ft)                   installed on atmospheric pressure
                               from the boundary of the pump station.                     tanks built to API Specification 12F
                                 (e) Adequate fire protection must be                     must be in accordance with Section 4,
                               installed at each pump station. If the                     and Appendices B and C, of API Speci-
                               fire protection system installed re-                       fication 12F.
                               quires the use of pumps, motive power                        (2) Normal/emergency relief venting
                               must be provided for those pumps that                      installed on atmospheric pressure
                               is separate from the power that oper-                      tanks (such as those built to API
                               ates the station.                                          Standard 650 or its predecessor Stand-
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981, as              ard 12C) must be in accordance with
                               amended by Amdt. 195–52, 59 FR 33397, June                 API Standard 2000.
                               28, 1994]                                                    (3) Pressure-relieving and emergency
                                                                                          vacuum-relieving devices installed on
                               § 195.264 Impoundment,      protection                     low pressure tanks built to API Stand-
                                   against entry, normal/emergency                        ard 620 must be in accordance with Sec-
                                   venting or pressure/vacuum relief                      tion 7 of API Standard 620 and its ref-
                                   for aboveground breakout tanks.                        erences to the normal and emergency
                                 (a) A means must be provided for                         venting requirements in API Standard
                               containing hazardous liquids in the                        2000.
                               event of spillage or failure of an above-                    (4) Pressure and vacuum-relieving de-
                               ground breakout tank.                                      vices installed on high pressure tanks

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                               Research and Special Programs Administration, DOT                                                § 195.302

                               built to API Standard 2510 must be in                      established under § 195.406(a)(5) that
                               accordance with Sections 5 or 9 of API                     is—
                               Standard 2510.                                               (i) An interstate pipeline constructed
                               [Amdt. 195–66, 64 FR 15935, Apr. 2, 1999]                  before January 8, 1971;
                                                                                            (ii) An interstate offshore gathering
                               § 195.266 Construction records.                            line constructed before August 1, 1977;
                                  A complete record that shows the fol-                     (iii) An intrastate pipeline con-
                               lowing must be maintained by the op-                       structed before October 21, 1985; or
                               erator involved for the life of each                         (iv) A low-stress pipeline constructed
                               pipeline facility:                                         before August 11, 1994 that transports
                                  (a) The total number of girth welds                     HVL.
                               and the number nondestructively test-                        (2) Any carbon dioxide pipeline con-
                               ed, including the number rejected and                      structed before July 12, 1991, that—
                               the disposition of each rejected weld.                       (i) Has its maximum operating pres-
                                  (b) The amount, location; and cover                     sure established under § 195.406(a)(5); or
                               of each size of pipe installed.
                                                                                            (ii) Is located in a rural area as part
                                  (c) The location of each crossing of
                                                                                          of a production field distribution sys-
                               another pipeline.
                                  (d) The location of each buried util-                   tem.
                               ity crossing.                                                (3) Any low-stress pipeline con-
                                  (e) The location of each overhead                       structed before August 11, 1994 that
                               crossing.                                                  does not transport HVL.
                                  (f) The location of each valve and                        (4) Those portions of older hazardous
                               corrosion test station.                                    liquid and carbon dioxide pipelines for
                                                                                          which an operator has elected the risk-
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
                               amended by Amdt. 195–34, 50 FR 34474, Aug.                 based alternative under § 195.303 and
                               26, 1985]                                                  which are not required to be tested
                                                                                          based on the risk-based criteria.
                                     Subpart E—Pressure Testing                             (c) Except for pipelines that trans-
                                                                                          port HVL onshore, low-stress pipelines,
                               § 195.300 Scope.                                           and pipelines covered under § 195.303,
                                  This subpart prescribes minimum re-                     the following compliance deadlines
                               quirements for the pressure testing of                     apply to pipelines under paragraphs
                               steel pipelines. However, this subpart                     (b)(1) and (b)(2)(i) of this section that
                               does not apply to the movement of pipe                     have not been pressure tested under
                               under § 195.424.                                           this subpart:
                               [Amdt. 195–51, 59 FR 29384, June 7, 1994]                    (1) Before December 7, 1998, for each
                                                                                          pipeline each operator shall—
                               § 195.302 General requirements.                              (i) Plan and schedule testing accord-
                                  (a) Except as otherwise provided in                     ing to this paragraph; or
                               this section and in § 195.305(b), no oper-                   (ii) Establish the pipeline’s maximum
                               ator may operate a pipeline unless it                      operating pressure under § 195.406(a)(5).
                               has been pressure tested under this                          (2) For pipelines scheduled for test-
                               subpart without leakage. In addition,                      ing, each operator shall—
                               no operator may return to service a                          (i) Before December 7, 2000, pressure
                               segment of pipeline that has been re-                      test—
                               placed, relocated, or otherwise changed                      (A) Each pipeline identified by name,
                               until it has been pressure tested under                    symbol, or otherwise that existing
                               this subpart without leakage.                              records show contains more than 50
                                  (b) Except for pipelines converted                      percent by mileage (length) of electric
                               under § 195.5, the following pipelines                     resistance welded pipe manufactured
                               may be operated without pressure test-
                                                                                          before 1970; and
                               ing under this subpart:
                                  (1) Any hazardous liquid pipeline                         (B) At least 50 percent of the mileage
                               whose maximum operating pressure is                        (length) of all other pipelines; and




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                               § 195.303                                                              49 CFR Ch. I (10–1–01 Edition)

                                 (ii) Before December 7, 2003, pressure                     (ii) Medium risk if the line is at least
                               test the remainder of the pipeline mile-                   10 inches, but less than 18 inches, in
                               age (length).                                              nominal diameter; or
                               [Amdt. 195–51, 59 FR 29384, June 7, 1994, as                 (iii) Low risk if the line is not high or
                               amended by Amdt. 195–53, 59 FR 35471, July                 medium risk.
                               12, 1994; Amdt. 195–51B, 61 FR 43027, Aug. 20,               (4) The probability of failure indi-
                               1996; Amdt. 195–58, 62 FR 54592, Oct. 21, 1997;            cator is—
                               Amdt. 195–63, 63 FR 37506, July 13, 1998;                    (i) High risk if the segment has expe-
                               Amdt. 195–65, 63 FR 59479, Nov. 4, 1998]
                                                                                          rienced more than three failures in the
                               § 195.303 Risk-based    alternative   to                   last 10 years due to time-dependent de-
                                   pressure testing older hazardous                       fects (e.g., corrosion, gouges, or prob-
                                   liquid and carbon dioxide pipelines.                   lems developed during manufacture,
                                 (a) An operator may elect to follow a                    construction or operation, etc.); or
                               program for testing a pipeline on risk-                      (ii) Low risk if the segment has expe-
                               based criteria as an alternative to the                    rienced three failures or less in the last
                               pressure testing in § 195.302(b)(1)(i)–(iii)               10 years due to time-dependent defects.
                               and § 195.302(b)(2)(i) of this subpart. Ap-                  (c) The program under paragraph (a)
                               pendix B provides guidance on how this                     of this section shall provide for pres-
                               program will work. An operator elect-                      sure testing for a segment constructed
                               ing such a program shall assign a risk                     of electric resistance-welded (ERW)
                               classification to each pipeline segment                    pipe and lapwelded pipe manufactured
                               according to the indicators described in                   prior to 1970 susceptible to longitudinal
                               paragraph (b) of this section as follows:                  seam failures as determined through
                                 (1) Risk Classification A if the loca-                   paragraph (d) of this section. The tim-
                               tion indicator is ranked as low or me-                     ing of such pressure test may be deter-
                               dium risk, the product and volume in-                      mined based on risk classifications dis-
                               dicators are ranked as low risk, and                       cussed under paragraph (b) of this sec-
                               the probability of failure indicator is                    tion. For other segments, the program
                               ranked as low risk;
                                                                                          may provide for use of a magnetic flux
                                 (2) Risk Classification C if the loca-
                                                                                          leakage or ultrasonic internal inspec-
                               tion indicator is ranked as high risk; or
                                                                                          tion survey as an alternative to pres-
                                 (3) Risk Classification B.
                                                                                          sure testing and, in the case of such
                                 (b) An operator shall evaluate each
                                                                                          segments in Risk Classification A, may
                               pipeline segment in the program ac-
                                                                                          provide for no additional measures
                               cording to the following indicators of
                               risk:                                                      under this subpart.
                                 (1) The location indicator is—                             (d) All pre-1970 ERW pipe and
                                 (i) High risk if an area is non-rural or                 lapwelded pipe is deemed susceptible to
                               environmentally sensitive 1; or                            longitudinal seam failures unless an
                                 (ii) Medium risk; or                                     engineering analysis shows otherwise.
                                 (iii) Low risk if an area is not high or                 In conducting an engineering analysis
                               medium risk.                                               an operator must consider the seam-re-
                                 (2) The product indicator is 1                           lated leak history of the pipe and pipe
                                 (i) High risk if the product trans-                      manufacturing information as avail-
                               ported is highly toxic or is both highly                   able, which may include the pipe
                               volatile and flammable;                                    steel’s mechanical properties, includ-
                                 (ii) Medium risk if the product trans-                   ing fracture toughness; the manufac-
                               ported is flammable with a flashpoint                      turing process and controls related to
                               of less than 100° F, but not highly vola-                  seam properties, including whether the
                               tile; or                                                   ERW process was high-frequency or
                                 (iii) Low risk if the product trans-                     low-frequency, whether the weld seam
                               ported is not high or medium risk.                         was heat treated, whether the seam
                                 (3) The volume indicator is—                             was inspected, the test pressure and
                                 (i) High risk if the line is at least 18                 duration during mill hydrotest; the
                               inches in nominal diameter;                                quality control of the steel-making
                                                                                          process; and other factors pertinent to
                                  1 (See   Appendix B, Table C).                          seam properties and quality.

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                               Research and Special Programs Administration, DOT                                                                    § 195.306

                                 (e) Pressure testing done under this                                         operating pressure and, in the case of a
                               section must be conducted in accord-                                           pipeline that is not visually inspected
                               ance with this subpart. Except for seg-                                        for leakage during the test, for at least
                               ments in Risk Classification B which                                           an additional 4 continuous hours at a
                               are not constructed with pre-1970 ERW                                          pressure equal to 110 percent, or more,
                               pipe, water must be the test medium.                                           of the maximum operating pressure.
                                 (f) An operator electing to follow a
                                                                                                              [Amdt. 195–51, 59 FR 29384, June 7, 1994. Re-
                               program under paragraph (a) must de-
                                                                                                              designated by Amdt. 195–65, 63 FR 59480, Nov.
                               velop plans that include the method of                                         4, 1998]
                               testing and a schedule for the testing
                               by December 7, 1998. The compliance                                            § 195.305    Testing of components.
                               deadlines for completion of testing are
                               as shown in the table below:                                                     (a) Each pressure test under § 195.302
                                                                                                              must test all pipe and attached fit-
                                            § 195.303—TEST DEADLINES                                          tings, including components, unless
                                                                                                              otherwise permitted by paragraph (b)
                                Pipeline Segment        Risk classification              Test deadline        of this section.
                               Pre-1970 Pipe sus-      C or B ...................      12/7/2000                (b) A component, other than pipe,
                                  ceptible to longi-   A ...........................   12/7/2002              that is the only item being replaced or
                                  tudinal seam fail-                                                          added to the pipeline system need not
                                  ures [defined in
                                  § 195.303(c) &                                                              be hydrostatically tested under para-
                                  (d)].                                                                       graph (a) of this section if the manu-
                               All Other Pipeline      C ...........................   12/7/2002              facturer certifies that either—
                                  Segments.            B ...........................   12/7//2004
                                                       A ...........................   Additional testing       (1)      The       component      was
                                                                                         not required         hydrostatically tested at the factory;
                                                                                                              or
                                 (g) An operator must review the risk                                           (2) The component was manufactured
                               classifications for those pipeline seg-                                        under a quality control system that en-
                               ments which have not yet been tested                                           sures each component is at least equal
                               under paragraph (a) of this section or                                         in strength to a prototype that was
                               otherwise inspected under paragraph                                            hydrostatically tested at the factory.
                               (c) of this section at intervals not to
                                                                                                              [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
                               exceed 15 months. If the risk classifica-
                                                                                                              amended by Amdt. 195–51, 59 FR 29385, June
                               tion of an untested or uninspected seg-                                        7, 1994; Amdt. 195–52, 59 FR 33397, June 28,
                               ment changes, an operator must take                                            1994. Redesignated by Amdt. 195–65, 63 FR
                               appropriate action within two years, or                                        59480, Nov. 4, 1998]
                               establish the maximum operating pres-
                               sure under § 195.406(a)(5).                                                    § 195.306    Test medium.
                                 (h) An operator must maintain                                                  (a) Except as provided in paragraphs
                               records establishing compliance with                                           (b), (c), and (d) of this section, water
                               this     section,    including   records                                       must be used as the test medium.
                               verifying the risk classifications, the                                          (b) Except for offshore pipelines, liq-
                               plans and schedule for testing, the con-                                       uid petroleum that does not vaporize
                               duct of the testing, and the review of                                         rapidly may be used as the test me-
                               the risk classifications.                                                      dium if—
                                 (i) An operator may discontinue a                                              (1) The entire pipeline section under
                               program under this section only after                                          test is outside of cities and other popu-
                               written notification to the Adminis-                                           lated areas;
                               trator and approval, if needed, of a
                                                                                                                (2) Each building within 300 feet (91
                               schedule for pressure testing.
                                                                                                              meters) of the test section is unoccu-
                               [Amdt. 195–65, 63 FR 59480, Nov. 4, 1998]                                      pied while the test pressure is equal to
                                                                                                              or greater than a pressure which pro-
                               § 195.304 Test pressure.                                                       duces a hoop stress of 50 percent of
                                  The test pressure for each pressure                                         specified minimum yield strength;
                               test conducted under this subpart must                                           (3) The test section is kept under sur-
                               be maintained throughout the part of                                           veillance by regular patrols during the
                               the system being tested for at least 4                                         test; and
                               continuous hours at a pressure equal to                                          (4) Continuous communication is
                               125 percent, or more, of the maximum                                           maintained along entire test section.

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                               § 195.307                                                               49 CFR Ch. I (10–1–01 Edition)

                                 (c) Carbon dioxide pipelines may use                      is covered in section 10.3 of API Stand-
                               inert gas or carbon dioxide as the test                     ard 653.
                               medium if—                                                    (e) For aboveground breakout tanks
                                 (1) The entire pipeline section under                     built to API Standard 2510 and first
                               test is outside of cities and other popu-                   placed in service after October 2, 2000,
                               lated areas;                                                pressure testing must be in accordance
                                 (2) Each building within 300 feet (91                     with ASME Boiler and Pressure Vessel
                               meters) of the test section is unoccu-                      Code, Section VIII, Division 1 or 2.
                               pied while the test pressure is equal to                    [Amdt. 195–66, 64 FR 15936, Apr. 2, 1999]
                               or greater than a pressure that pro-
                               duces a hoop stress of 50 percent of                        § 195.308 Testing of tie-ins.
                               specified minimum yield strength;                              Pipe associated with tie-ins must be
                                 (3) The maximum hoop stress during                        pressure tested, either with the section
                               the test does not exceed 80 percent of                      to be tied in or separately.
                               specified minimum yield strength;
                                 (4) Continuous communication is                           [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
                               maintained along entire test section;                       amended by 195–51, 59 FR 29385, June 7, 1994]
                               and                                                         § 195.310 Records.
                                 (5) The pipe involved is new pipe hav-
                               ing a longitudinal joint factor of 1.00.                       (a) A record must be made of each
                                 (d) Air or inert gas may be used as                       pressure test required by this subpart,
                               the test medium in low-stress pipe-                         and the record of the latest test must
                               lines.                                                      be retained as long as the facility test-
                                                                                           ed is in use.
                               [Amdt. 195–22, 46 FR 38360, July 27, 1991, as                  (b) The record required by paragraph
                               amended by Amdt. 195–45, 56 FR 26926, June                  (a) of this section must include:
                               12, 1991; Amdt. 195–51, 59 FR 29385, June 7,
                                                                                              (1) The pressure recording charts;
                               1994; Amdt. 195–53, 59 FR 35471, July 12, 1994;
                               Amdt. 195–51A, 59 FR 41260, Aug. 11, 1994;
                                                                                              (2) Test instrument calibration data;
                               Amdt. 195–63, 63 FR 37506, July 13, 1998]                      (3) The name of the operator, the
                                                                                           name of the person responsible for
                               § 195.307 Pressure    testing                   above-      making the test, and the name of the
                                   ground breakout tanks.                                  test company used, if any;
                                 (a) For aboveground breakout tanks                           (4) The date and time of the test;
                               built to API Specification 12F and first                       (5) The minimum test pressure;
                               placed in service after October 2, 2000,                       (6) The test medium;
                               pneumatic testing must be in accord-                           (7) A description of the facility tested
                               ance with section 5.3 of API Specifica-                     and the test apparatus;
                               tion 12F.                                                      (8) An explanation of any pressure
                                                                                           discontinuities, including test failures,
                                 (b) For aboveground breakout tanks
                                                                                           that appear on the pressure recording
                               built to API Standard 620 and first
                                                                                           charts; and
                               placed in service after October 2, 2000,
                                                                                              (9) Where elevation differences in the
                               hydrostatic and pneumatic testing
                                                                                           section under test exceed 100 feet (30
                               must be in accordance with section 5.18
                                                                                           meters), a profile of the pipeline that
                               of API Standard 620.
                                                                                           shows the elevation and test sites over
                                 (c) For aboveground breakout tanks
                                                                                           the entire length of the test section.
                               built to API Standard 650 and first
                               placed in service after October 2, 2000,                    [Amdt. 195–34, 50 FR 34474, Aug. 26, 1985, as
                               hydrostatic and pneumatic testing                           amended by Amdt. 195–51, 59 FR 29385, June
                               must be in accordance with section 5.3                      7, 1994; Amdt. 195–63, 63 FR 37506, July 13,
                               of API Standard 650.                                        1998]
                                 (d) For aboveground atmospheric
                               pressure breakout tanks constructed of                            Subpart F—Operation and
                               carbon and low alloy steel, welded or                                  Maintenance
                               riveted, and non-refrigerated and tanks
                               built to API Standard 650 or its prede-                     § 195.400 Scope.
                               cessor Standard 12C that are returned                          This subpart prescribes minimum re-
                               to service after October 2, 2000, the ne-                   quirements for operating and main-
                               cessity for the hydrostatic testing of                      taining pipeline systems constructed
                               repair, alteration, and reconstruction                      with steel pipe.

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                               Research and Special Programs Administration, DOT                                                § 195.402

                               § 195.401 General requirements.                            least once each calendar year, and ap-
                                  (a) No operator may operate or main-                    propriate changes made as necessary to
                               tain its pipeline systems at a level of                    insure that the manual is effective.
                               safety lower than that required by this                    This manual shall be prepared before
                               subpart and the procedures it is re-                       initial operations of a pipeline system
                               quired to establish under § 195.402(a) of                  commence, and appropriate parts shall
                               this subpart.                                              be kept at locations where operations
                                  (b) Whenever an operator discovers                      and maintenance activities are con-
                               any condition that could adversely af-                     ducted.
                               fect the safe operation of its pipeline                       (b) The Administrator or the State
                               system, it shall correct it within a rea-                  Agency that has submitted a current
                               sonable time. However, if the condition                    certification under the pipeline safety
                               is of such a nature that it presents an                    laws (49 U.S.C. 60101 et seq.) with re-
                               immediate hazard to persons or prop-                       spect to the pipeline facility governed
                               erty, the operator may not operate the                     by an operator’s plans and procedures
                               affected part of the system until it has                   may, after notice and opportunity for
                               corrected the unsafe condition.                            hearing as provided in 49 CFR 190.237 or
                                  (c) Except as provided in § 195.5, no                   the relevant State procedures, require
                               operator may operate any part of any                       the operator to amend its plans and
                               of the following pipelines unless it was                   procedures as necessary to provide a
                               designed and constructed as required                       reasonable level of safety.
                               by this part:                                                 (c) Maintenance and normal operations.
                                  (1) An interstate pipeline, other than                  The manual required by paragraph (a)
                               a low-stress pipeline, on which con-                       of this section must include procedures
                               struction was begun after March 31,
                                                                                          for the following to provide safety dur-
                               1970, that transports hazardous liquid.
                                                                                          ing maintenance and normal oper-
                                  (2) An interstate offshore gathering
                                                                                          ations:
                               line, other than a low-stress pipeline,
                               on which construction was begun after                         (1) Making construction records,
                               July 31, 1977, that transports hazardous                   maps, and operating history available
                               liquid.                                                    as necessary for safe operation and
                                  (3) An intrastate pipeline, other than                  maintenance.
                               a low-stress pipeline, on which con-                          (2) Gathering of data needed for re-
                               struction was begun after October 20,                      porting accidents under subpart B of
                               1985, that transports hazardous liquid.                    this part in a timely and effective man-
                                  (4) A pipeline on which construction                    ner.
                               was begun after July 11, 1991, that                           (3) Operating, maintaining, and re-
                               transports carbon dioxide.                                 pairing the pipeline system in accord-
                                  (5) A low-stress pipeline on which                      ance with each of the requirements of
                               construction was begun after August                        this subpart.
                               10, 1994.                                                     (4) Determining which pipeline facili-
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981, as              ties are located in areas that would re-
                               amended by Amdt. 195–33, 50 FR 15899, Apr.                 quire an immediate response by the op-
                               23, 1985; Amdt. 195–33A, 50 FR 39008, Sept. 26,            erator to prevent hazards to the public
                               1985; Amdt. 195–36, 51 FR 15008, Apr. 22, 1986;            if the facilities failed or malfunctioned.
                               Amdt. 195–45, 56 FR 26926, June 12, 1991;                     (5) Analyzing pipeline accidents to
                               Amdt. 195–53, 59 FR 35471, July 12, 1994]
                                                                                          determine their causes.
                               § 195.402 Procedural manual for oper-                         (6) Minimizing the potential for haz-
                                    ations, maintenance, and emer-                        ards identified under paragraph (c)(4)
                                    gencies.                                              of this section and the possibility of re-
                                  (a) General. Each operator shall pre-                   currence of accidents analyzed under
                               pare and follow for each pipeline sys-                     paragraph (c)(5) of this section.
                               tem a manual of written procedures for                        (7) Starting up and shutting down
                               conducting normal operations and                           any part of the pipeline system in a
                               maintenance activities and handling                        manner designed to assure operation
                               abnormal operations and emergencies.                       within the limits prescribed by
                               This manual shall be reviewed at inter-                    § 195.406, consider the hazardous liquid
                               vals not exceeding 15 months, but at                       or carbon dioxide in transportation,

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                               § 195.402                                                              49 CFR Ch. I (10–1–01 Edition)

                               variations in altitude along the pipe-                       (14) Taking adequate precautions in
                               line, and pressure monitoring and con-                     excavated trenches to protect per-
                               trol devices.                                              sonnel from the hazards of unsafe accu-
                                  (8) In the case of a pipeline that is                   mulations of vapor or gas, and making
                               not equipped to fail safe, monitoring                      available when needed at the exca-
                               from an attended location pipeline                         vation, emergency rescue equipment,
                               pressure during startup until steady                       including a breathing apparatus and, a
                               state pressure and flow conditions are                     rescue harness and line.
                               reached and during shut-in to assure                         (d) Abnormal operation. The manual
                               operation within limits prescribed by                      required by paragraph (a) of this sec-
                               § 195.406.                                                 tion must include procedures for the
                                  (9) In the case of facilities not                       following to provide safety when oper-
                               equipped to fail safe that are identified                  ating design limits have been exceeded:
                               under paragraph 195.402(c)(4) or that                        (1) Responding to, investigating, and
                               control receipt and delivery of the haz-                   correcting the cause of:
                               ardous liquid or carbon dioxide, detect-                     (i) Unintended closure of valves or
                               ing abnormal operating conditions by                       shutdowns;
                               monitoring pressure, temperature, flow                       (ii) Increase or decrease in pressure
                               or other appropriate operational data                      or flow rate outside normal operating
                               and transmitting this data to an at-                       limits;
                               tended location.                                             (iii) Loss of communications;
                                                                                            (iv) Operation of any safety device;
                                  (10) Abandoning pipeline facilities,
                                                                                            (v) Any other malfunction of a com-
                               including safe disconnection from an
                                                                                          ponent, deviation from normal oper-
                               operating pipeline system, purging of
                                                                                          ation, or personnel error which could
                               combustibles, and sealing abandoned
                                                                                          cause a hazard to persons or property.
                               facilities left in place to minimize safe-
                                                                                            (2) Checking variations from normal
                               ty and environmental hazards. For
                                                                                          operation after abnormal operation has
                               each abandoned offshore pipeline facil-
                                                                                          ended at sufficient critical locations in
                               ity or each abandoned onshore pipeline
                                                                                          the system to determine continued in-
                               facility that crosses over, under or
                                                                                          tegrity and safe operation.
                               through commercially navigable wa-                           (3) Correcting variations from normal
                               terways the last operator of that facil-                   operation of pressure and flow equip-
                               ity must file a report upon abandon-                       ment and controls.
                               ment of that facility in accordance                          (4) Notifying responsible operator
                               with § 195.59 of this part.                                personnel when notice of an abnormal
                                  (11) Minimizing the likelihood of ac-                   operation is received.
                               cidental ignition of vapors in areas                         (5) Periodically reviewing the re-
                               near facilities identified under para-                     sponse of operator personnel to deter-
                               graph (c)(4) of this section where the                     mine the effectiveness of the proce-
                               potential exists for the presence of                       dures controlling abnormal operation
                               flammable liquids or gases.                                and taking corrective action where de-
                                  (12) Establishing and maintaining li-                   ficiencies are found.
                               aison with fire, police, and other appro-                    (e) Emergencies. The manual required
                               priate public officials to learn the re-                   by paragraph (a) of this section must
                               sponsibility and resources of each gov-                    include procedures for the following to
                               ernment organization that may re-                          provide safety when an emergency con-
                               spond to a hazardous liquid or carbon                      dition occurs:
                               dioxide pipeline emergency and ac-                           (1)    Receiving,   identifying,   and
                               quaint the officials with the operator’s                   classifying notices of events which
                               ability in respondinq to a hazardous                       need immediate response by the oper-
                               liquid or carbon dioxide pipeline emer-                    ator or notice to fire, police, or other
                               gency and means of communication.                          appropriate public officials and com-
                                  (13) Periodically reviewing the work                    municating this information to appro-
                               done by operator personnel to deter-                       priate operator personnel for correc-
                               mine the effectiveness of the proce-                       tive action.
                               dures used in normal operation and                           (2) Prompt and effective response to a
                               maintenance and taking corrective ac-                      notice of each type emergency, includ-
                               tion where deficiencies are found.                         ing fire or explosion occurring near or

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                               Research and Special Programs Administration, DOT                                                § 195.403

                               directly involving a pipeline facility,                    are subject to the reporting require-
                               accidental release of hazardous liquid                     ments of § 195.55.
                               or carbon dioxide from a pipeline facil-                   [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
                               ity, operational failure causing a haz-                    FR 32721, July 29, 1982, as amended by Amdt.
                               ardous condition, and natural disaster                     195–24, 47 FR 46852, Oct. 21, 1982; Amdt. 195–39,
                               affecting pipeline facilities.                             53 FR 24951, July 1, 1988; Amdt. 195–45, 56 FR
                                 (3) Having personnel, equipment, in-                     26926, June 12, 1991; Amdt. 195–46, 56 FR 31090,
                                                                                          July 9, 1991; Amdt. 195–49, 59 FR 6585, Feb. 11,
                               struments, tools, and material avail-                      1994; Amdt. 195–55, 61 FR 18518, Apr. 26, 1996;
                               able as needed at the scene of an emer-                    Amdt. 195–69, 65 FR 54444, Sept. 8, 2000]
                               gency.
                                 (4) Taking necessary action, such as                     § 195.403 Training.
                               emergency shutdown or pressure reduc-                         (a) Each operator shall establish and
                               tion, to minimize the volume of haz-                       conduct a continuing training program
                               ardous liquid or carbon dioxide that is                    to instruct operating and maintenance
                               released from any section of a pipeline                    personnel to:
                               system in the event of a failure.                             (1) Carry out the operating and main-
                                 (5) Control of released hazardous liq-                   tenance, and emergency procedures es-
                               uid or carbon dioxide at an accident                       tablished under § 195.402 that relate to
                               scene to minimize the hazards, includ-                     their assignments;
                               ing possible intentional ignition in the                      (2) Know the characteristics and haz-
                               cases of flammable highly volatile liq-                    ards of the hazardous liquids or carbon
                               uid.                                                       dioxide transported, including, in the
                                                                                          case of flammable HVL, flammability
                                 (6) Minimization of public exposure
                                                                                          of mixtures with air, odorless vapors,
                               to injury and probability of accidental
                                                                                          and water reactions;
                               ignition by assisting with evacuation                         (3) Recognize conditions that are
                               of residents and assisting with halting                    likely to cause emergencies, predict
                               traffic on roads and railroads in the af-                  the consequences of facility malfunc-
                               fected area, or taking other appro-                        tions or failures and hazardous liquid
                               priate action.                                             or carbon dioxide spills, and to take ap-
                                 (7) Notifying fire, police, and other                    propriate corrective action;
                               appropriate public officials of haz-                          (4) Take steps necessary to control
                               ardous liquid or carbon dioxide pipeline                   any accidental release of hazardous liq-
                               emergencies and coordinating with                          uid or carbon dioxide and to minimize
                               them preplanned and actual responses                       the potential for fire, explosion, tox-
                               during an emergency, including addi-                       icity, or environmental damage;
                               tional precautions necessary for an                           (5) Learn the proper use of fire-
                               emergency involving a pipeline system                      fighting procedures and equipment, fire
                               transporting a highly volatile liquid.                     suits, and breathing apparatus by uti-
                                 (8) In the case of failure of a pipeline                 lizing, where feasible, a simulated pipe-
                               system transporting a highly volatile                      line emergency condition; and
                               liquid, use of appropriate instruments                        (6) In the case of maintenance per-
                               to assess the extent and coverage of                       sonnel, to safely repair facilities using
                               the vapor cloud and determine the haz-                     appropriate special precautions, such
                               ardous areas.                                              as isolation and purging, when highly
                                                                                          volatile liquids are involved.
                                 (9) Providing for a post accident re-
                                                                                             (b) At intervals not exceeding 15
                               view of employee activities to deter-
                                                                                          months, but at least once each cal-
                               mine whether the procedures were ef-                       endar year, each operator shall:
                               fective in each emergency and taking                          (1) Review with personnel their per-
                               corrective action where deficiencies                       formance in meeting the objectives of
                               are found.                                                 the training program set forth in para-
                                 (f) Safety-related condition reports. The                graph (a) of this section; and
                               manual required by paragraph (a) of                           (2) Make appropriate changes to the
                               this section must include instructions                     training program as necessary to in-
                               enabling personnel who perform oper-                       sure that it is effective.
                               ation and maintenance activities to                           (c) Each operator shall require and
                               recognize conditions that potentially                      verify that its supervisors maintain a
                               may be safety-related conditions that                      thorough knowledge of that portion of

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                               § 195.404                                                              49 CFR Ch. I (10–1–01 Edition)

                               the     procedures   established  under                       (i) Breakout tanks;
                               § 195.402 for which they are responsible                      (ii) Pump stations;
                               to insure compliance.                                         (iii) Scraper and sphere facilities;
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
                                                                                             (iv) Pipeline valves;
                               FR 32721, July 29, 1982, as amended by Amdt.                  (v) Cathodically protected facilities;
                               195–24, 47 FR 46852, Oct. 21, 1982; Amdt. 195–45,             (vi) Facilities to which § 195.402(c)(9)
                               56 FR 26926, June 12, 1991]                                applies;
                                 EFFECTIVE DATE NOTE: By Amdt. 195–67, 64
                                                                                             (vii) Rights-of-way; and
                               FR 46866, Aug. 27, 1999, § 195.403 was revised,               (viii) Safety devices to which § 195.428
                               effective Oct. 28, 2002. For the convenience of            applies.
                               the user, the revised text follows:                           (2) All crossings of public roads, rail-
                                                                                          roads, rivers, buried utilities, and for-
                               § 195.403 Emergency response training.
                                                                                          eign pipelines.
                                  (a) Each operator shall establish and con-                 (3) The maximum operating pressure
                               duct a continuing training program to in-
                                                                                          of each pipeline.
                               struct emergency response personnel to:
                                  (1) Carry out the emergency procedures es-                 (4) The diameter, grade, type, and
                               tablished under 195.402 that relate to their               nominal wall thickness of all pipe.
                               assignments;                                                  (b) Each operator shall maintain for
                                  (2) Know the characteristics and hazards of             at least 3 years daily operating records
                               the hazardous liquids or carbon dioxide                    that indicate—
                               transported, including, in case of flammable                  (1) The discharge pressure at each
                               HVL, flammability of mixtures with air,
                                                                                          pump station; and
                               odorless vapors, and water reactions;
                                  (3) Recognize conditions that are likely to                (2) Any emergency or abnormal oper-
                               cause emergencies, predict the consequences                ation to which the procedures under
                               of facility malfunctions or failures and haz-              § 195.402 apply.
                               ardous liquids or carbon dioxide spills, and                  (c) Each operator shall maintain the
                               take appropriate corrective action;                        following records for the periods speci-
                                  (4) Take steps necessary to control any ac-             fied:
                               cidental release of hazardous liquid or car-
                                                                                             (1) The date, location, and descrip-
                               bon dioxide and to minimize the potential
                               for fire, explosion, toxicity, or environ-                 tion of each repair made to pipe shall
                               mental damage; and                                         be maintained for the useful life of the
                                  (5) Learn the proper use of firefighting pro-           pipe.
                               cedures and equipment, fire suits, and                        (2) The date, location, and descrip-
                               breathing apparatus by utilizing, where fea-               tion of each repair made to parts of the
                               sible, a simulated pipeline emergency condi-               pipeline system other than pipe shall
                               tion.                                                      be maintained for at least 1 year.
                                  (b) At the intervals not exceeding 15
                               months, but at least once each calendar                       (3) A record of each inspection and
                               year, each operator shall:                                 test required by this subpart shall be
                                  (1) Review with personnel their perform-                maintained for at least 2 years or until
                               ance in meeting the objectives of the emer-                the next inspection or test is per-
                               gency response training program set forth in               formed, whichever is longer.
                               paragraph (a) of this section; and
                                  (2) Make appropriate changes to the emer-               [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
                               gency response training program as nec-                    amended by Amdt. 195–34, 50 FR 34474, Aug.
                               essary to ensure that it is effective.                     26, 1985]
                                  (c) Each operator shall require and verify
                               that its supervisors maintain a thorough                   § 195.405 Protection against ignitions
                               knowledge of that portion of the emergency                      and safe access/egress involving
                               response procedures established under 195.402                   floating roofs.
                               for which they are responsible to ensure                      (a) After October 2, 2000, protection
                               compliance.                                                provided against ignitions arising out
                               [Amdt. 195–67, 64 FR 46866, Aug. 27, 1999]                 of static electricity, lightning, and
                                                                                          stray currents during operation and
                               § 195.404 Maps and records.                                maintenance        activities  involving
                                  (a) Each operator shall maintain cur-                   aboveground breakout tanks must be
                               rent maps and records of its pipeline                      in accordance with API Recommended
                               systems that include at least the fol-                     Practice 2003, unless the operator notes
                               lowing information:                                        in the procedural manual (§ 195.402(c))
                                  (1) Location and identification of the                  why compliance with all or certain pro-
                               following pipeline facilities:                             visions of API Recommended Practice

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                               Research and Special Programs Administration, DOT                                                § 195.410

                               2003 is not necessary for the safety of a                  the pipeline was subjected for 4 or more
                               particular breakout tank.                                  continuous hours that can be dem-
                                  (b) The hazards associated with ac-                     onstrated by recording charts or logs
                               cess/egress onto floating roofs of in-                     made at the time the test or operations
                               service aboveground breakout tanks to                      were conducted.
                               perform inspection, service, mainte-                         (b) No operator may permit the pres-
                               nance or repair activities (other than                     sure in a pipeline during surges or
                               specified general considerations, speci-                   other variations from normal oper-
                               fied routine tasks or entering tanks re-                   ations to exceed 110 percent of the op-
                               moved from service for cleaning) are                       erating pressure limit established
                               addressed in API Publication 2026.                         under paragraph (a) of this section.
                               After October 2, 2000, the operator must                   Each operator must provide adequate
                               review and consider the potentially                        controls and protective equipment to
                               hazardous conditions, safety practices                     control the pressure within this limit.
                               and procedures in API Publication 2026
                               for inclusion in the procedure manual                      [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
                                                                                          amended by Amdt. 195–33, 50 FR 15899, Apr.
                               (§ 195.402(c)).                                            23, 1985; 50 FR 38660, Sept. 24, 1985; Amdt. 195–
                               [Amdt. 195–66, 64 FR 15936, Apr. 2, 1999]                  51, 59 FR 29385, June 7, 1994; Amdt. 195–52, 59
                                                                                          FR 33397, June 28, 1994; Amdt. 195–63, 63 FR
                               § 195.406 Maximum operating pres-                          37506, July 13, 1998; Amdt. 195–65, 63 FR 59480,
                                     sure.                                                Nov. 4, 1998]
                                  (a) Except for surge pressures and                      § 195.408 Communications.
                               other variations from normal oper-
                               ations, no operator may operate a pipe-                       (a) Each operator must have a com-
                               line at a pressure that exceeds any of                     munication system to provide for the
                               the following:                                             transmission of information needed for
                                  (1) The internal design pressure of                     the safe operation of its pipeline sys-
                               the pipe determined in accordance with                     tem.
                               § 195.106. However, for steel pipe in pipe-                   (b) The communication system re-
                               lines being converted under § 195.5, if                    quired by paragraph (a) of this section
                               one or more factors of the design for-                     must, as a minimum, include means
                               mula (§ 195.106) are unknown, one of the                   for:
                               following pressures is to be used as de-                      (1) Monitoring operational data as re-
                               sign pressure:                                             quired by § 195.402(c)(9);
                                  (i) Eighty percent of the first test                       (2) Receiving notices from operator
                               pressure that produces yield under sec-                    personnel, the public, and public au-
                               tion N5.0 of appendix N of ASME B31.8,                     thorities of abnormal or emergency
                               reduced by the appropriate factors in                      conditions and sending this informa-
                               §§ 195.106 (a) and (e); or                                 tion to appropriate personnel or gov-
                                  (ii) If the pipe is 12 3⁄4 inch (324 mm)                ernment agencies for corrective action;
                               or less outside diameter and is not                           (3) Conducting two-way vocal com-
                               tested to yield under this paragraph,                      munication between a control center
                               200 p.s.i. (1379 kPa) gage.                                and the scene of abnormal operations
                                  (2) The design pressure of any other                    and emergencies; and
                               component of the pipeline.                                    (4) Providing communication with
                                  (3) Eighty percent of the test pres-                    fire, police, and other appropriate pub-
                               sure for any part of the pipeline which                    lic officials during emergency condi-
                               has been pressure tested under subpart                     tions, including a natural disaster.
                               E of this part.
                                  (4) Eighty percent of the factory test                  § 195.410 Line markers.
                               pressure or of the prototype test pres-                       (a) Except as provided in paragraph
                               sure for any individually installed                        (b) of this section, each operator shall
                               component which is excepted from                           place and maintain line markers over
                               testing under § 195.305.                                   each buried pipeline in accordance with
                                  (5) For pipelines under §§ 195.302(b)(1)                the following:
                               and (b)(2)(i) that have not been pres-                        (1) Markers must be located at each
                               sure tested under subpart E of this                        public road crossing, at each railroad
                               part, 80 percent of the test pressure or                   crossing, and in sufficient number
                               highest operating pressure to which                        along the remainder of each buried line

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                               § 195.412                                                              49 CFR Ch. I (10–1–01 Edition)

                               so that its location is accurately                         a navigable waterway to determine the
                               known.                                                     condition of the crossing.
                                 (2) The marker must state at least                       [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
                               the following on a background of                           amended by Amdt. 195–24, 47 FR 46852, Oct.
                               sharply contrasting color:                                 21, 1982; Amdt. 195–52, 59 FR 33397, June 28,
                                 (i) The word ‘‘Warning,’’ ‘‘Caution,’’                   1994]
                               or ‘‘Danger’’ followed by the words
                                                                                          § 195.413 Underwater inspection and
                               ‘‘Petroleum (or the name of the haz-                            reburial of pipelines in the Gulf of
                               ardous liquid transported) Pipeline’’, or                       Mexico and its inlets.
                               ‘‘Carbon Dioxide Pipeline,’’ all of                           (a) Except for gathering lines of 4 1⁄2
                               which, except for markers in heavily                       inches (114 mm) nominal outside di-
                               developed urban areas, must be in let-                     ameter or smaller, each operator shall,
                               ters at least 1 inch (25 millimeters)                      in accordance with this section, con-
                               high with an approximate stroke of 1⁄4                     duct an underwater inspection of its
                               inch (6.4 millimeters).                                    pipelines in the Gulf of Mexico and its
                                 (ii) The name of the operator and a                      inlets. The inspection must be con-
                               telephone number (including area code)                     ducted after October 3, 1989 and before
                               where the operator can be reached at                       November 16, 1992.
                               all times.                                                    (b) If, as a result of an inspection
                                 (b) Line markers are not required for                    under paragraph (a) of this section, or
                               buried pipelines located—                                  upon notification by any person, an op-
                                 (1) Offshore or at crossings of or                       erator discovers that a pipeline it oper-
                               under waterways and other bodies of                        ates is exposed on the seabed or con-
                               water; or                                                  stitutes a hazard to navigation, the op-
                                 (2) In heavily developed urban areas                     erator shall—
                                                                                             (1) Promptly, but not later than 24
                               such as downtown business centers
                                                                                          hours after discovery, notify the Na-
                               where—
                                                                                          tional Response Center, telephone: 1–
                                 (i) The placement of markers is im-                      800–424–8802 of the location, and, if
                               practical and would not serve the pur-                     available, the geographic coordinates
                               pose for which markers are intended;                       of that pipeline;
                               and                                                           (2) Promptly, but not later than 7
                                 (ii) The local government maintains                      days after discovery, mark the location
                               current substructure records.                              of the pipeline in accordance with 33
                                 (c) Each operator shall provide line                     CFR part 64 at the ends of the pipeline
                               marking at locations where the line is                     segment and at intervals of not over
                               above ground in areas that are acces-                      500 yards (457 meters) long, except that
                               sible to the public.                                       a pipeline segment less than 200 yards
                                                                                          (183 meters) long need only be marked
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981, as              at the center; and
                               amended by Amdt. 195–27, 48 FR 25208, June                    (3) Within 6 months after discovery,
                               6, 1983; Amdt. 195–54, 60 FR 14650, Mar. 20,
                                                                                          or not later than November 1 of the fol-
                               1995; Amdt. 195–63, 63 FR 37506, July 13, 1998]
                                                                                          lowing year if the 6 month period is
                               § 195.412 Inspection of rights-of-way                      after November 1 of the year that the
                                   and crossings under navigable wa-                      discovery is made, place the pipeline so
                                   ters.                                                  that the top of the pipe is 36 inches (914
                                                                                          millimeters) below the seabed for nor-
                                 (a) Each operator shall, at intervals                    mal excavation or 18 inches (457 milli-
                               not exceeding 3 weeks, but at least 26                     meters) for rock excavation.
                               times each calendar year, inspect the
                               surface conditions on or adjacent to                       [Amdt. 195–47, 56 FR 63771, Dec. 5, 1991, as
                                                                                          amended by Amdt. 195–52, 59 FR 33396, June
                               each pipeline right-of-way. Methods of                     28, 1994; Amdt. 195–63, 63 FR 37506, July 13,
                               inspection include walking, driving,                       1998]
                               flying or other appropriate means of
                               traversing the right-of-way.                               § 195.414 Cathodic protection.
                                 (b) Except for offshore pipelines, each                     (a) No operator may operate a haz-
                               operator shall, at intervals not exceed-                   ardous liquid interstate pipeline after
                               ing 5 years, inspect each crossing under                   March 31, 1973, a hazardous liquid

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                               Research and Special Programs Administration, DOT                                                § 195.416

                               intrastate pipeline after October 19,                        (b) Each operator shall maintain the
                               1988, or a carbon dioxide pipeline after                   test leads required for cathodic protec-
                               July 12, 1993 that has an effective ex-                    tion in such a condition that electrical
                               ternal surface coating material, unless                    measurements can be obtained to en-
                               that pipeline is cathodically protected.                   sure adequate protection.
                               This paragraph does not apply to                             (c) Each operator shall, at intervals
                               breakout tank areas and buried pump-                       not exceeding 21⁄2 months, but at least
                               ing station piping. For the purposes of                    six times each calendar year, inspect
                               this subpart, a pipeline does not have                     each of its cathodic protection recti-
                               an effective external coating, and shall                   fiers.
                               be considered bare, if its cathodic pro-                     (d) Each operator shall, at intervals
                               tection current requirements are sub-                      not exceeding 5 years, electrically in-
                               stantially the same as if it were bare.                    spect the bare pipe in its pipeline sys-
                                 (b) Each operator shall electrically
                                                                                          tem that is not cathodically protected
                               inspect each bare hazardous liquid
                                                                                          and must study leak records for that
                               interstate pipeline, other than a low-
                                                                                          pipe to determine if additional protec-
                               stress pipeline, before April 1, 1975;
                                                                                          tion is needed.
                               each bare hazardous liquid intrastate
                               pipeline, other than a low-stress pipe-                      (e) Whenever any buried pipe is ex-
                               line, before October 20, 1990; each bare                   posed for any reason, the operator shall
                               carbon dioxide pipeline before July 12,                    examine the pipe for evidence of exter-
                               1994; and each bare low-stress pipeline                    nal corrosion. If the operator finds that
                               before July 12, 1996 to determine any                      there is active corrosion, that the sur-
                               areas in which active corrosion is tak-                    face of the pipe is generally pitted, or
                               ing place. The operator may not in-                        that corrosion has caused a leak, it
                               crease its established operating pres-                     shall investigate further to determine
                               sure on a section of bare pipeline until                   the extent of the corrosion.
                               the section has been so electrically in-                     (f) Any pipe that is found to be gen-
                               spected. In any areas where active cor-                    erally corroded so that the remaining
                               rosion is found, the operator shall pro-                   wall thickness is less than the min-
                               vide cathodic protection. Section                          imum thickness required by the pipe
                               195.416(f) and (g) apply to all corroded                   specification tolerances must be re-
                               pipe that is found.                                        placed with coated pipe that meets the
                                 (c) Each operator shall electrically                     requirements of this part. However,
                               inspect all breakout tank areas and                        generally corroded pipe need not be re-
                               buried pumping station piping on haz-                      placed if—
                               ardous liquid interstate pipelines,                          (1) The operating pressure is reduced
                               other than low-stress pipelines, before                    to be commensurate with the limits on
                               April 1, 1973; on hazardous liquid intra-                  operating pressure specified in this
                               state pipelines, other than low-stress                     subpart, based on the actual remaining
                               pipelines, before October 20, 1988; on                     wall thickness; or
                               carbon dioxide pipelines before July 12,                     (2) The pipe is repaired by a method
                               1994; and on low-stress pipelines before                   that reliable engineering tests and
                               July 12, 1996 as to the need for cathodic                  analyses show can permanently restore
                               protection, and cathodic protection                        the serviceability of the pipe.
                               shall be provided where necessary.                           (g) If localized corrosion pitting is
                               [Amdt. 195–45, 56 FR 26926, June 12, 1991, as              found to exist to a degree whereleakage
                               amended by Amdt. 195–53, 59 FR 35471, July                 might result, the pipe must be replaced
                               12, 1994]                                                  or repaired, or the operating pressure
                                                                                          must be reduced commensurate with
                               § 195.416 External corrosion control.                      the strength of the pipe based on the
                                  (a) Each operator shall, at intervals                   actual remaining wall thickness in the
                               not exceeding 15 months, but at least                      pits.
                               once each calendar year, conduct tests                       (h) The strength of the pipe, based on
                               on each buried, in contact with the                        actual remaining wall thickness, for
                               ground, or submerged pipeline facility                     paragraphs (f) and (g) of this section
                               in its pipeline system that is under ca-                   may be determined by the procedure in
                               thodic protection to determine whether                     ASME B31G manual for Determining
                               the protection is adequate.                                the Remaining Strength of Corroded

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                               § 195.418                                                              49 CFR Ch. I (10–1–01 Edition)

                               Pipelines or by the procedure devel-                       equipment to determine the effective-
                               oped by AGA/Battelle—A Modified Cri-                       ness of the inhibitors or the extent of
                               terion for Evaluating the Remaining                        any corrosion.
                               Strength of Corroded Pipe (with                              (d) Whenever any pipe is removed
                               RSTRENG disk). Application of the                          from the pipeline for any reason, the
                               procedure in the ASME B31G manual                          operator must inspect the internal sur-
                               or the AGA/Battelle Modified Criterion                     face for evidence of corrosion. If the
                               is applicable to corroded regions (not                     pipe is generally corroded such that
                               penetrating the pipe wall) in existing                     the remaining wall thickness is less
                               steel pipelines in accordance with limi-                   than the minimum thickness required
                               tations set out in the respective proce-                   by the pipe specification tolerances,
                               dures.                                                     the operator shall investigate adjacent
                                 (i) Each operator shall clean, coat                      pipe to determine the extent of the cor-
                               with material suitable for the preven-                     rosion. The corroded pipe must be re-
                               tion of atmospheric corrosion, and,                        placed with pipe that meets the re-
                               maintain this protection for, each com-                    quirements of this part or, based on the
                               ponent in its pipeline system that is                      actual remaining wall thickness, the
                               exposed to the atmosphere.                                 operating pressure must be reduced to
                                 (j) For aboveground breakout tanks                       be commensurate with the limits on
                               where corrosion of the tank bottom is                      operating pressure specified in this
                               controlled by a cathodic protection                        subpart.
                               system, the cathodic protection system                     [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
                               must be inspected to ensure it is oper-                    amended by Amdt. 195–20B, 46 FR 38922, July
                               ated and maintained in accordance                          30, 1981; Amdt. 195–24, 47 FR 46852, Oct. 21,
                               with API Recommended Practice 651,                         1982; Amdt. 195–45, 56 FR 26927, June 12, 1991]
                               unless the operator notes in the proce-
                               dure manual (§ 195.402(c)) why compli-                     § 195.420 Valve maintenance.
                               ance with all or certain provisions of                        (a) Each operator shall maintain
                               API Recommended Practice 651 is not                        each valve that is necessary for the
                               necessary for the safety of a particular                   safe operation of its pipeline systems
                               breakout tank.                                             in good working order at all times.
                                                                                             (b) Each operator shall, at intervals
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981, as              not exceeding 71⁄2 months, but at least
                               amended by Amdt. 195–24, 47 FR 46852, Oct.
                               21, 1982; Amdt. 195–31, 49 FR 36384, Sept. 17,
                                                                                          twice each calendar year, inspect each
                               1984; Amdt. 195–52, 59 FR 33397, June 28, 1994;            mainline valve to determine that it is
                               Amdt. 195–66, 64 FR 15936, Apr. 2, 1999; Amdt.             functioning properly.
                               195–68, 64 FR 69665, Dec. 14, 1999]                           (c) Each operator shall provide pro-
                                                                                          tection for each valve from unauthor-
                               § 195.418 Internal corrosion control.                      ized operation and from vandalism.
                                  (a) No operator may transport any                       [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
                               hazardous liquid or carbon dioxide that                    FR 32721, July 29, 1982, as amended by Amdt.
                               would corrode the pipe or other compo-                     195–24, 47 FR 46852, Oct. 21, 1982]
                               nents of its pipeline system, unless it
                               has investigated the corrosive effect of                   § 195.422 Pipeline repairs.
                               the hazardous liquid or carbon dioxide                        (a) Each operator shall, in repairing
                               on the system and has taken adequate                       its pipeline systems, insure that the re-
                               steps to mitigate corrosion.                               pairs are made in a safe manner and
                                  (b) If corrosion inhibitors are used to                 are made so as to prevent damage to
                               mitigate internal corrosion the oper-                      persons or property.
                               ator shall use inhibitors in sufficient                       (b) No operator may use any pipe,
                               quantity to protect the entire part of                     valve, or fitting, for replacement in re-
                               the system that the inhibitors are de-                     pairing pipeline facilities, unless it is
                               signed to protect and shall also use                       designed and constructed as required
                               coupons or other monitoring equip-                         by this part.
                               ment to determine their effectiveness.
                                  (c) The operator shall, at intervals                    § 195.424 Pipe movement.
                               not exceeding 71⁄2 months, but at least                       (a) No operator may move any line
                               twice each calendar year, examine cou-                     pipe, unless the pressure in the line
                               pons or other types of monitoring                          section involved is reduced to not more

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                               Research and Special Programs Administration, DOT                                                § 195.430

                               than 50 percent of the maximum oper-                       § 195.428 Overpressure safety devices
                               ating pressure.                                                and overfill protection systems.
                                 (b) No operator may move any pipe-                          (a) Except as provided in paragraph
                               line containing highly volatile liquids                    (b) of this section, each operator shall,
                               where materials in the line section in-                    at intervals not exceeding 15 months,
                               volved are joined by welding unless—                       but at least once each calendar year, or
                                 (1) Movement when the pipeline does                      in the case of pipelines used to carry
                               not contain highly volatile liquids is                     highly volatile liquids, at intervals not
                               impractical;                                               to exceed 71⁄2 months, but at least twice
                                 (2) The procedures of the operator                       each calendar year, inspect and test
                               under § 195.402 contain precautions to                     each pressure limiting device, relief
                               protect the public against the hazard                      valve, pressure regulator, or other item
                               in moving pipelines containing highly                      of pressure control equipment to deter-
                               volatile liquids, including the use of                     mine that it is functioning properly, is
                               warnings, where necessary, to evacuate                     in good mechanical condition, and is
                               the area close to the pipeline; and                        adequate from the standpoint of capac-
                                 (3) The pressure in that line section                    ity and reliability of operation for the
                               is reduced to the lower of the fol-                        service in which it is used.
                               lowing:                                                       (b) In the case of relief valves on
                                                                                          pressure breakout tanks containing
                                 (i) Fifty percent or less of the max-
                                                                                          highly volatile liquids, each operator
                               imum operating pressure; or
                                                                                          shall test each valve at intervals not
                                 (ii) The lowest practical level that                     exceeding 5 years.
                               will maintain the highly volatile liquid
                                                                                             (c) Aboveground breakout tanks that
                               in a liquid state with continuous flow,                    are constructed or significantly altered
                               but not less than 50 p.s.i. (345 kPa) gage                 according to API Standard 2510 after
                               above the vapor pressure of the com-                       October 2, 2000, must have an overfill
                               modity.                                                    protection system installed according
                                 (c) No operator may move any pipe-                       to section 5.1.2 of API Standard 2510.
                               line containing highly volatile liquids                    Other aboveground breakout tanks
                               where materials in the line section in-                    with 600 gallons (2271 liters) or more of
                               volved are not joined by welding un-                       storage capacity that are constructed
                               less—                                                      or significantly altered after October 2,
                                 (1) The operator complies with para-                     2000, must have an overfill protection
                               graphs (b) (1) and (2) of this section;                    system installed according to API Rec-
                               and                                                        ommended Practice 2350. However, op-
                                 (2) That line section is isolated to                     erators need not comply with any part
                               prevent the flow of highly volatile liq-                   of API Recommended Practice 2350 for
                               uid.                                                       a particular breakout tank if the oper-
                                                                                          ator notes in the manual required by
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981; 46              § 195.402 why compliance with that part
                               FR 38922, July 30, 1981, as amended by Amdt.
                                                                                          is not necessary for safety of the tank.
                               195–63, 63 FR 37506, July 13, 1998]
                                                                                             (d) After October 2, 2000, the require-
                               § 195.426      Scraper and sphere facilities.              ments of paragraphs (a) and (b) of this
                                                                                          section for inspection and testing of
                                 No operator may use a launcher or                        pressure control equipment apply to
                               receiver that is not equipped with a re-                   the inspection and testing of overfill
                               lief device capable of safely relieving                    protection systems.
                               pressure in the barrel before insertion
                               or removal of scrapers or spheres. The                     [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
                                                                                          amended by Amdt. 195–24, 47 FR 46852, Oct.
                               operator must use a suitable device to
                                                                                          21, 1982; Amdt. 195–66, 64 FR 15936, Apr. 2,
                               indicate that pressure has been re-                        1999]
                               lieved in the barrel or must provide a
                               means to prevent insertion or removal                      § 195.430    Firefighting equipment.
                               of scrapers or spheres if pressure has
                                                                                            Each operator shall maintain ade-
                               not been relieved in the barrel.
                                                                                          quate firefighting equipment at each
                               [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47              pump station and breakout tank area.
                               FR 32721, July 29, 1982]                                   The equipment must be—

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                               § 195.432                                                               49 CFR Ch. I (10–1–01 Edition)

                                 (a) In proper operating condition at                      area and each breakout tank area
                               all times;                                                  where there is a possibility of the leak-
                                 (b) Plainly marked so that its iden-                      age of a flammable hazardous liquid or
                               tity as firefighting equipment is clear;                    of the presence of flammable vapors.
                               and
                                 (c) Located so that it is easily acces-                   § 195.440 Public education.
                               sible during a fire.                                           Each operator shall establish a con-
                                                                                           tinuing educational program to enable
                               § 195.432 Inspection                of    in-service        the public, appropriate government or-
                                   breakout tanks.                                         ganizations and persons engaged in ex-
                                  (a) Except for breakout tanks in-                        cavation-related activities to recognize
                               spected under paragraphs (b) and (c) of                     a hazardous liquid or a carbon dioxide
                               this section, each operator shall, at in-                   pipeline emergency and to report it to
                               tervals not exceeding 15 months, but at                     the operator or the fire, police, or
                               least once each calendar year, inspect                      other appropriate public officials. The
                               each in-service breakout tank.                              program must be conducted in English
                                  (b) Each operator shall inspect the                      and in other languages commonly un-
                               physical integrity of in-service atmos-                     derstood by a significant number and
                               pheric and low-pressure steel above-                        concentration of non-English speaking
                               ground breakout tanks according to                          population in the operator’s operating
                               section 4 of API Standard 653. However,                     areas.
                               if structural conditions prevent access                     [Amdt. 195–45, 56 FR 26927, June 12, 1991]
                               to the tank bottom, the bottom integ-
                               rity may be assessed according to a                         § 195.442 Damage prevention program.
                               plan included in the operations and                            (a) Except as provided in paragraph
                               maintenance          manual        under                    (d) of this section, each operator of a
                               § 195.402(c)(3).                                            buried pipeline must carry out, in ac-
                                  (c) Each operator shall inspect the                      cordance with this section, a written
                               physical integrity of in-service steel                      program to prevent damage to that
                               aboveground breakout tanks built to                         pipeline from excavation activities.
                               API Standard 2510 according to section                      For the purpose of this section, the
                               6 of API 510.                                               term ‘‘excavation activities’’ includes
                                  (d) The intervals of inspection speci-                   excavation, blasting, boring, tunneling,
                               fied by documents referenced in para-                       backfilling, the removal of above-
                               graphs (b) and (c) of this section begin                    ground structures by either explosive
                               on May 3, 1999, or on the operator’s last                   or mechanical means, and other
                               recorded date of the inspection, which-                     earthmoving operations.
                               ever is earlier.                                               (b) An operator may comply with any
                               [Amdt. 195–66, 64 FR 15936, Apr. 2, 1999]
                                                                                           of the requirements of paragraph (c) of
                                                                                           this section through participation in a
                               § 195.434      Signs.                                       public service program, such as a one-
                                                                                           call system, but such participation
                                 Each operator shall maintain signs                        does not relieve the operator of the re-
                               visible to the public around each pump-                     sponsibility for compliance with this
                               ing station and breakout tank area.                         section. However, an operator must
                               Each sign must contain the name of                          perform the duties of paragraph (c)(3)
                               the operator and an emergency tele-                         of this section through participation in
                               phone number to contact.                                    a one-call system, if that one-call sys-
                               § 195.436      Security of facilities.                      tem is a qualified one-call system. In
                                                                                           areas that are covered by more than
                                 Each operator shall provide protec-                       one qualified one-call system, an oper-
                               tion for each pumping station and                           ator need only join one of the qualified
                               breakout tank area and other exposed                        one-call systems if there is a central
                               facility (such as scraper traps) from                       telephone number for excavators to
                               vandalism and unauthorized entry.                           call for excavation activities, or if the
                                                                                           one-call systems in those areas com-
                               § 195.438      Smoking or open flames.                      municate with one another. An opera-
                                 Each operator shall prohibit smoking                      tor’s pipeline system must be covered
                               and open flames in each pump station                        by a qualified one-call system where

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                               Research and Special Programs Administration, DOT                                                § 195.450

                               there is one in place. For the purpose                     after the activities to verify the integ-
                               of this section, a one-call system is                      rity of the pipeline; and
                               considered a ‘‘qualified one-call sys-                       (ii) In the case of blasting, any in-
                               tem’’ if it meets the requirements of                      spection must include leakage surveys.
                               section (b)(1) or (b)(2) or this section.                    (d) A damage prevention program
                                  (1) The state has adopted a one-call                    under this section is not required for
                               damage prevention program under                            the following pipelines:
                               § 198.37 of this chapter; or                                 (1) Pipelines located offshore.
                                  (2) The one-call system:                                  (2) Pipelines to which access is phys-
                                  (i) Is operated in accordance with                      ically controlled by the operator.
                               § 198.39 of this chapter;                                  [Amdt. 195–54, 60 FR 14651, Mar. 20, 1995, as
                                  (ii) Provides a pipeline operator an                    amended by Amdt. 195–60, 62 FR 61699, Nov.
                               opportunity similar to a voluntary par-                    19, 1997]
                               ticipant to have a part in management
                               responsibilities; and                                      § 195.444    CPM leak detection.
                                  (iii) Assesses a participating pipeline                   Each computational pipeline moni-
                               operator a fee that is proportionate to                    toring (CPM) leak detection system in-
                               the costs of the one-call system’s cov-                    stalled on a hazardous liquid pipeline
                               erage of the operator’s pipeline.                          transporting liquid in single phase
                                  (c) The damage prevention program                       (without gas in the liquid) must com-
                               required by paragraph (a) of this sec-                     ply with API 1130 in operating, main-
                               tion must, at a minimum:                                   taining, testing, record keeping, and
                                  (1) Include the identity, on a current                  dispatcher training of the system.
                               basis, of persons who normally engage
                                                                                          [Amdt. 195–62, 63 FR 36376, July 6, 1998]
                               in excavation activities in the area in
                               which the pipeline is located.                                     HIGH CONSEQUENCE AREAS
                                  (2) Provides for notification of the
                               public in the vicinity of the pipeline                     § 195.450    Definitions.
                               and actual notification of persons iden-                     The following definitions apply to
                               tified in paragraph (c)(1) of this section                 this section and § 195.452:
                               of the following as often as needed to                       Emergency flow restricting device or
                               make them aware of the damage pre-                         EFRD means a check valve or remote
                               vention program:                                           control valve as follows:
                                  (i) The program’s existence and pur-                      (1) Check valve means a valve that
                               pose; and                                                  permits fluid to flow freely in one di-
                                  (ii) How to learn the location of un-                   rection and contains a mechanism to
                               derground pipelines before excavation                      automatically prevent flow in the
                               activities are begun.                                      other direction.
                                  (3) Provide a means of receiving and                      (2) Remote control valve or RCV means
                               recording notification of planned exca-                    any valve that is operated from a loca-
                               vation activities.                                         tion remote from where the valve is in-
                                  (4) If the operator has buried pipe-                    stalled. The RCV is usually operated by
                               lines in the area of excavation activity,                  the supervisory control and data acqui-
                               provide for actual notification of per-                    sition (SCADA) system. The linkage
                               sons who give notice of their intent to                    between the pipeline control center and
                               excavate of the type of temporary                          the RCV may be by fiber optics, micro-
                               marking to be provided and how to                          wave, telephone lines, or satellite.
                               identify the markings.                                       High consequence area means:
                                  (5) Provide for temporary marking of                      (1) A commercially navigable waterway,
                               buried pipelines in the area of exca-                      which means a waterway where a sub-
                               vation activity before, as far as prac-                    stantial likelihood of commercial navi-
                               tical, the activity begins.                                gation exists;
                                  (6) Provide as follows for inspection                     (2) A high population area, which
                               of pipelines that an operator has rea-                     means an urbanized area, as defined
                               son to believe could be damaged by ex-                     and delineated by the Census Bureau,
                               cavation activities:                                       that contains 50,000 or more people and
                                  (i) The inspection must be done as                      has a population density of at least
                               frequently as necessary during and                         1,000 people per square mile;

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                               § 195.452                                                              49 CFR Ch. I (10–1–01 Edition)

                                 (3) An other populated area, which                       level of public safety and environ-
                               means a place, as defined and delin-                       mental protection.
                               eated by the Census Bureau, that con-                        (c) What must be in the baseline assess-
                               tains a concentrated population, such                      ment plan? (1) An operator must include
                               as an incorporated or unincorporated                       each of the following elements in its
                               city, town, village, or other designated                   written baseline assessment plan:
                               residential or commercial area;                              (i) The methods selected to assess the
                                 (4) An unusually sensitive area, as de-                  integrity of the line pipe. For low fre-
                               fined in § 195.6.                                          quency electric resistance welded pipe
                               [Amdt. 195–70, 65 FR 75405, Dec. 1, 2000]
                                                                                          or lap welded pipe susceptible to longi-
                                                                                          tudinal seam failure, an operator must
                                    PIPELINE INTEGRITY MANAGEMENT                         select integrity assessment methods
                                                                                          capable of assessing seam integrity and
                               § 195.452 Pipeline integrity manage-                       of detecting corrosion and deformation
                                     ment in high consequence areas.                      anomalies. An operator must assess the
                                  (a) Which operators must comply? This                   integrity of the line pipe by:
                               section applies to each operator who                         (A) Internal inspection tool or tools
                               owns or operates a total of 500 or more                    capable of detecting corrosion and de-
                               miles of hazardous liquid pipeline sub-                    formation anomalies including dents,
                               ject to this part.                                         gouges and grooves;
                                  (b) What must an operator do? (1) No                      (B) Pressure test conducted in ac-
                               later than March 31, 2002, an operator                     cordance with subpart E of this part; or
                               must develop a written integrity man-                        (C) Other technology that the oper-
                               agement program that addresses the                         ator demonstrates can provide an
                               risks on each pipeline segment that                        equivalent understanding of the condi-
                               could affect a high consequence area.                      tion of the line pipe. An operator
                               An operator must include in the pro-                       choosing this option must notify the
                               gram:                                                      Office of Pipeline Safety (OPS) 90 days
                                  (i) An identification of all pipeline                   before conducting the assessment, by
                               segments that could affect a high con-                     sending a notice to the address speci-
                               sequence area. A pipeline segment in a                     fied in § 195.58 or to the facsimile num-
                               high consequence area is presumed to                       ber specified in § 195.56;
                               affect that area unless the operator’s                       (ii) A schedule for completing the in-
                               risk     assessment    effectively  dem-                   tegrity assessment;
                               onstrates otherwise. (See Appendix C of                      (iii) An explanation of the assess-
                               this part for guidance on identifying                      ment methods selected and evaluation
                               pipeline segments.) An operator must                       of risk factors considered in estab-
                               complete this identification no later                      lishing the assessment schedule.
                               than December 31, 2001;                                      (2) An operator must document, prior
                                  (ii) A plan for baseline assessment of                  to implementing any changes to the
                               the line pipe (see paragraph (c) of this                   plan, any modification to the plan, and
                               section);                                                  reasons for the modification.
                                  (iii) A framework addressing each                         (d) When must the baseline assessment
                               element of the integrity management                        be completed? (1) Time period. An oper-
                               program, including continual integrity                     ator must establish a baseline assess-
                               assessment and evaluation (see para-                       ment schedule to determine the pri-
                               graphs (f) and (j) of this section). The                   ority for assessing the pipeline seg-
                               framework must initially indicate how                      ments. An operator must complete the
                               decisions will be made to implement                        baseline assessment by March 31, 2008.
                               each element.                                              An operator must assess at least 50% of
                                  (2) An operator must implement and                      the line pipe subject to the require-
                               follow the program it develops.                            ments of this section, beginning with
                                  (3) In carrying out this section, an                    the highest risk pipe, by September 30,
                               operator must follow recognized indus-                     2004.
                               try practices unless the section speci-                      (2) Prior assessment. To satisfy the re-
                               fies otherwise or the operator dem-                        quirements of paragraph (c)(1)(i) of this
                               onstrates that an alternative practice                     section, an operator may use an integ-
                               is supported by a reliable engineering                     rity assessment conducted after Janu-
                               evaluation and provides an equivalent                      ary 1, 1996, if the integrity assessment

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                               Research and Special Programs Administration, DOT                                                § 195.452

                               method meets the requirements of this                         (vi) Existing or projected activities
                               section. However, if an operator uses                      in the area;
                               this prior assessment as its baseline as-                     (vii) Local environmental factors
                               sessment, the operator must re-assess                      that could affect the pipeline (e.g.,
                               the line pipe according to the require-                    corrosivity of soil, subsidence, cli-
                               ments of paragraph (j)(3) of this sec-                     matic);
                               tion.                                                         (viii) geo-technical hazards; and
                                  (3) Newly-identified areas. (i) When in-                   (ix) Physical support of the segment
                               formation is available from the infor-                     such as by a cable suspension bridge.
                               mation analysis (see paragraph (g) of                         (2) Appendix C of this part provides
                               this section), or from Census Bureau                       further guidance on risk factors.
                               maps, that the population density                             (f) What are the elements of an integrity
                               around a pipeline segment has changed                      management program? An integrity
                               so as to fall within the definition in                     management program begins with the
                               § 195.450 of a high population area or                     initial framework. An operator must
                               other populated area, the operator                         continually change the program to re-
                               must incorporate the area into its                         flect operating experience, conclusions
                               baseline assessment plan as a high con-                    drawn from results of the integrity as-
                               sequence area within one year from the                     sessments, and other maintenance and
                               date the area is identified. An operator                   surveillance data, and evaluation of
                               must complete the baseline assessment                      consequences of a failure on the high
                               of any line pipe that could affect the                     consequence area. An operator must in-
                               newly-identified high consequence area                     clude, at minimum, each of the fol-
                               within five years from the date the                        lowing elements in its written integ-
                               area is identified.                                        rity management program:
                                  (ii) An operator must incorporate a                        (1) A process for identifying which
                               new unusually sensitive area into its                      pipeline segments could affect a high
                               baseline assessment plan within one                        consequence area;
                               year from the date the area is identi-                        (2) A baseline assessment plan meet-
                               fied. An operator must complete the                        ing the requirements of paragraph (c)
                               baseline assessment of any line pipe                       of this section;
                               that could affect the newly-identified                        (3) An analysis that integrates all
                               high consequence area within five                          available information about the integ-
                               years from the date the area is identi-                    rity of the entire pipeline and the con-
                               fied.                                                      sequences of a failure (see paragraph
                                  (e) What are the risk factors for estab-                (g) of this section);
                               lishing an assessment schedule (for both                      (4) Criteria for repair actions to ad-
                               the baseline and continual integrity as-                   dress integrity issues raised by the as-
                               sessments)? (1) An operator must estab-                    sessment methods and information
                               lish an integrity assessment schedule                      analysis (see paragraph (h) of this sec-
                               that prioritizes pipeline segments for                     tion);
                               assessment (see paragraphs (d)(1) and                         (5) A continual process of assessment
                               (j)(3) of this section). An operator must                  and evaluation to maintain a pipeline’s
                               base the assessment schedule on all                        integrity (see paragraph (j) of this sec-
                               risk factors that reflect the risk condi-                  tion);
                               tions on the pipeline segment. The fac-                       (6) Identification of preventive and
                               tors an operator must consider include,                    mitigative measures to protect the
                               but are not limited to:                                    high consequence area (see paragraph
                                  (i) Results of the previous integrity                   (i) of this section);
                               assessment, defect type and size that                         (7) Methods to measure the program’s
                               the assessment method can detect, and                      effectiveness (see paragraph (k) of this
                               defect growth rate;                                        section);
                                  (ii) Pipe size, material, manufac-                         (8) A process for review of integrity
                               turing information, coating type and                       assessment results and information
                               condition, and seam type;                                  analysis by a person qualified to evalu-
                                  (iii) Leak history, repair history and                  ate the results and information (see
                               cathodic protection history;                               paragraph (h)(2) of this section).
                                  (iv) Product transported;                                  (g) What is an information analysis? In
                                  (v) Operating stress level;                             periodically evaluating the integrity of

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                               § 195.452                                                              49 CFR Ch. I (10–1–01 Edition)

                               each pipeline segment (paragraph (j) of                    of the integrity assessment results
                               this section), an operator must analyze                    within 120 days of conducting each as-
                               all available information about the in-                    sessment. The operator must obtain
                               tegrity of the entire pipeline and the                     and assess a final report within an ad-
                               consequences of a failure. This infor-                     ditional 90 days.
                               mation includes:                                              (4) Schedule for repairs. An operator
                                 (1) Information critical to deter-                       must complete repairs according to a
                               mining the potential for, and pre-                         schedule that prioritizes the conditions
                               venting, damage due to excavation, in-                     for evaluation and repair. An operator
                               cluding current and planned damage                         must base the schedule on the risk fac-
                               prevention activities, and development                     tors listed in paragraph (e)(1) of this
                               or planned development along the pipe-                     section and any pipeline-specific risk
                               line segment;                                              factors the operator develops. If an op-
                                 (2) Data gathered through the integ-                     erator cannot meet the schedule for
                               rity assessment required under this                        any of the conditions addressed in
                               section;                                                   paragraphs (h)(5)(i) through (iv) of this
                                 (3) Data gathered in conjunction with                    section, the operator must justify the
                               other inspections, tests, surveillance                     reasons why the schedule cannot be
                               and patrols required by this Part, in-                     met and that the changed schedule will
                               cluding, corrosion control monitoring                      not jeopardize public safety or environ-
                               and cathodic protection surveys; and                       mental protection. An operator must
                                 (4) Information about how a failure                      notify OPS if the operator cannot meet
                               would affect the high consequence                          the schedule and cannot provide safety
                               area, such as location of the water in-                    through a temporary reduction in oper-
                               take.                                                      ating pressure until a permanent repair
                                 (h) What actions must be taken to ad-                    is made. An operator must send a no-
                               dress integrity issues? (1) General require-               tice to the address specified in § 195.58
                               ments. An operator must take prompt                        or to the facsimile number specified in
                               action to address all pipeline integrity                   § 195.56.
                               issues raised by the assessment and in-
                                                                                             (5) Special requirements for scheduling
                               formation analysis. An operator must
                                                                                          repairs— (i) Immediate repair conditions.
                               evaluate all anomalies and repair those
                                                                                          An operator’s evaluation and repair
                               anomalies that could reduce a pipe-
                               line’s integrity. An operator must com-                    schedule must provide for immediate
                               ply with § 195.422 in making a repair.                     repair conditions. To maintain safety,
                                 (2) Discovery of a condition. Discovery                  an operator will need to temporarily
                               of a condition occurs when an operator                     reduce operating pressure or shut down
                               has adequate information about the                         the pipeline until the operator can
                               condition to determine the need for re-                    complete the repair of these condi-
                               pair. Depending on circumstances, an                       tions. An operator must base the tem-
                               operator may have adequate informa-                        porary operating pressure reduction on
                               tion when the operator receives the                        remaining wall thickness. An operator
                               preliminary internal inspection report,                    must treat the following conditions as
                               gathers and integrates information                         immediate repair conditions:
                               from other inspections or the periodic                        (A) Metal loss greater than 80% of
                               evaluation, excavates the anomaly, or                      nominal wall regardless of dimensions.
                               when an operator receives the final in-                       (B) Predicted burst pressure less than
                               ternal inspection report. The date of                      the maximum operating pressure at
                               discovery can be no later than the date                    the location of the anomaly. Burst
                               of the integrity assessment results or                     pressure has been calculated from the
                               the final report.                                          remaining strength of the pipe, using a
                                 (3) Review of integrity assessment. An                   suitable metal loss strength calcula-
                               operator must include in its schedule                      tion, e.g., ASME/ANSI B31G (‘‘Manual
                               for evaluation and repair (as required                     for     Determining     the    Remaining
                               by paragraph (h)(4) of this section), a                    Strength of Corroded Pipelines’’ (1991))
                               schedule for promptly reviewing and                        or AGA Pipeline Research Committee
                               analyzing the integrity assessment re-                     Project PR–3–805 (‘‘A Modified Cri-
                               sults. After March 31, 2004, an opera-                     terion for Evaluating the Remaining
                               tor’s schedule must provide for review                     Strength of Corroded Pipe’’ (December

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                               Research and Special Programs Administration, DOT                                                § 195.452

                               1989)). These documents are available                        (iv) Other conditions. An operator
                               at the addresses listed at § 195.3.                        must schedule evaluation and repair of
                                 (C) Dents on the top of the pipeline                     the following conditions:
                               (above 4 and 8 o’clock position) with                        (A) Data that reflect a change since
                               any indicated metal loss.                                  last assessed.
                                 (D) Significant anomaly that in the                        (B) Data that indicate mechanical
                               judgment of the person evaluating the                      damage that is located on the top half
                               assessment results requires immediate                      of the pipe.
                               action.                                                      (C) Data that indicate anomalies ab-
                                 (ii) 60-day conditions. Except for con-                  rupt in nature.
                               ditions listed in paragraph (h)(5)(i) of                     (D) Data that indicate anomalies lon-
                               this section, an operator must schedule                    gitudinal in orientation.
                               for evaluation and repair all dents, re-                     (E) Data that indicate anomalies
                               gardless of size, located on the top of                    over a large area.
                               the pipeline (above 4 and 8 o’clock posi-                    (F) Anomalies located in or near cas-
                               tion) within 60 days of discovery of the                   ings, crossings of another pipeline, and
                               condition.                                                 areas with suspect cathodic protection.
                                 (iii) Six-month conditions. Except for                     (i) What preventive and mitigative
                               conditions listed in paragraph (h)(5)(i)                   measures must an operator take to protect
                               or (ii) of this section, an operator must                  the high consequence area? (1) General re-
                               schedule evaluation and repair of the                      quirements. An operator must take
                               following within six months of dis-                        measures to prevent and mitigate the
                               covery of the condition:                                   consequences of a pipeline failure that
                                 (A) Dents with metal loss or dents                       could affect a high consequence area.
                               that affect pipe curvature at a girth or                   These measures include conducting a
                               seam weld.                                                 risk analysis of the pipeline segment to
                                 (B) Dents with reported depths great-                    identify additional actions to enhance
                               er than 6% of the pipe diameter.                           public safety or environmental protec-
                                 (C) Remaining strength of the pipe                       tion. Such actions may include, but are
                                                                                          not limited to, implementing damage
                               results in a safe operating pressure
                                                                                          prevention best practices, better moni-
                               that is less than the current estab-
                                                                                          toring of cathodic protection where
                               lished MOP at the location of the
                                                                                          corrosion is a concern, establishing
                               anomaly using a suitable safe oper-
                                                                                          shorter inspection intervals, installing
                               ating pressure calculation method
                                                                                          EFRDs on the pipeline segment, modi-
                               (e.g., ASME/ANSI B31G (‘‘Manual for                        fying the systems that monitor pres-
                               Determining the Remaining Strength                         sure and detect leaks, providing addi-
                               of Corroded Pipelines’’ (1991)) or AGA                     tional training to personnel on re-
                               Pipeline Research Committee Project                        sponse procedures, conducting drills
                               PR–3–805 (‘‘A Modified Criterion for                       with local emergency responders and
                               Evaluating the Remaining Strength of                       adopting other management controls.
                               Corroded Pipe’’ (December 1989)). These                      (2) Risk analysis criteria. In identi-
                               documents are available at the address-                    fying the need for additional preven-
                               es listed at § 195.3.                                      tive and mitigative measures, an oper-
                                 (D) Areas of general corrosion with a                    ator must evaluate the likelihood of a
                               predicted metal loss of >50% of nomi-                      pipeline release occurring and how a
                               nal wall.                                                  release could affect the high con-
                                 (E) Predicted metal loss of >50% of                      sequence area. This determination
                               nominal wall at crossings of another                       must consider all relevant risk factors,
                               pipeline.                                                  including, but not limited to:
                                 (F) Weld anomalies with a predicted                        (i) Terrain surrounding the pipeline
                               metal loss >50% of nominal wall.                           segment, including drainage systems
                                 (G) Potential crack indications that                     such as small streams and other small-
                               when excavated are determined to be                        er waterways that could act as a con-
                               cracks.                                                    duit to the high consequence area;
                                 (H) Corrosion of or along seam welds.                      (ii) Elevation profile;
                                 (I) Gouges or grooves greater than                         (iii) Characteristics of the product
                               12.5% of nominal wall.                                     transported;

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                               § 195.452                                                              49 CFR Ch. I (10–1–01 Edition)

                                  (iv) Amount of product that could be                    tegrity. An operator must base the fre-
                               released;                                                  quency of evaluation on risk factors
                                  (v) Possibility of a spillage in a farm                 specific to its pipeline, including the
                               field following the drain tile into a wa-                  factors specified in paragraph (e) of
                               terway;                                                    this section. The evaluation must con-
                                  (vi) Ditches along side a roadway the                   sider the past and present integrity as-
                               pipeline crosses;                                          sessment results, information analysis
                                  (vii) Physical support of the pipeline                  (paragraph (g) of this section), and de-
                               segment such as by a cable suspension                      cisions about repair, and preventive
                               bridge;                                                    and mitigative actions (paragraphs (h)
                                  (viii) Exposure of the pipeline to op-                  and (i) of this section).
                               erating pressure exceeding established                        (3) Assessment intervals. An operator
                               maximum operating pressure.                                must establish intervals not to exceed
                                  (3) Leak detection. An operator must                    five (5) years for continually assessing
                               have a means to detect leaks on its                        the line pipe’s integrity. An operator
                               pipeline system. An operator must                          must base the assessment intervals on
                               evaluate the capability of its leak de-                    the risk the line pipe poses to the high
                               tection means and modify, as nec-                          consequence area to determine the pri-
                               essary, to protect the high consequence                    ority for assessing the pipeline seg-
                               area. An operator’s evaluation must, at                    ments. An operator must establish the
                               least, consider, the following factors—                    assessment intervals based on the fac-
                               length and size of the pipeline, type of                   tors specified in paragraph (e) of this
                               product carried, the pipeline’s prox-                      section, the analysis of the results
                               imity to the high consequence area,                        from the last integrity assessment, and
                               the swiftness of leak detection, loca-                     the information analysis required by
                               tion of nearest response personnel, leak                   paragraph (g) of this section.
                               history, and risk assessment results.                         (4) Variance from the 5-year intervals in
                                  (4) Emergency Flow Restricting Devices                  limited situations— (i) Engineering basis.
                               (EFRD). If an operator determines that                     An operator may be able to justify an
                               an EFRD is needed on a pipeline seg-                       engineering basis for a longer assess-
                               ment to protect a high consequence                         ment interval on a segment of line
                               area in the event of a hazardous liquid                    pipe. The justification must be sup-
                               pipeline release, an operator must in-                     ported by a reliable engineering eval-
                               stall the EFRD. In making this deter-                      uation combined with the use of other
                               mination, an operator must, at least,                      technology, such as external moni-
                               consider the following factors—the                         toring technology, that provides an un-
                               swiftness of leak detection and pipeline                   derstanding of the condition of the line
                               shutdown capabilities, the type of com-                    pipe equivalent to that which is obtain-
                               modity carried, the rate of potential                      able under paragraph (j)(2) of this sec-
                               leakage, the volume that can be re-                        tion. An operator must notify OPS
                               leased, topography or pipeline profile,                    nine months before the end of the in-
                               the potential for ignition, proximity to                   tervals of five years or less of the rea-
                               power sources, location of nearest re-                     son why the operator intends to justify
                               sponse personnel, specific terrain be-                     a longer interval. An operator must
                               tween the pipeline segment and the                         send a notice to the address specified in
                               high consequence area, and benefits ex-                    § 195.58 or to the facsimile number spec-
                               pected by reducing the spill size.                         ified in § 195.56. The notice must state a
                                  (j) What is a continual process of eval-                proposed alternative interval.
                               uation and assessment to maintain a pipe-                     (ii) Unavailable technology. An oper-
                               line’s integrity? (1) General. After com-                  ator may require a longer assessment
                               pleting the baseline integrity assess-                     period for a segment of line pipe (for
                               ment, an operator must continue to as-                     example, because sophisticated inter-
                               sess the line pipe at specified intervals                  nal inspection technology is not avail-
                               and periodically evaluate the integrity                    able). An operator must justify the rea-
                               of each pipeline segment that could af-                    sons why it cannot comply with the re-
                               fect a high consequence area.                              quired assessment period and must also
                                  (2) Evaluation. An operator must con-                   demonstrate the actions it is taking to
                               duct a periodic evaluation as fre-                         evaluate the integrity of the pipeline
                               quently as needed to assure pipeline in-                   segment in the interim. An operator

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                               Research and Special Programs Administration, DOT                                                § 195.503

                               must notify OPS 180 days before the                          (2) See Appendix C of this part for ex-
                               end of the intervals of five years or less                 amples of records an operator would be
                               that the operator may require a longer                     required to keep.
                               assessment interval. An operator must
                               send a notice to the address specified in                  [Amdt. 195–70, 65 FR 75406, Dec. 1, 2000]
                               § 195.58 or to the facsimile number spec-
                               ified in § 195.56. The Operator may have                        Subpart G—Qualification of
                               up to an additional 180 days to com-                                Pipeline Personnel
                               plete the assessment.
                                  (5) Assessment methods. An operator                       SOURCE: Amdt. 195–67, 64 FR 46866, Aug. 27,
                               must assess the integrity of the line                      1999, unless otherwise noted.
                               pipe by:
                                  (i) Internal inspection tool or tools                   § 195.501    Scope.
                               capable of detecting corrosion and de-
                               formation anomalies including dents,                         (a) This subpart prescribes the min-
                               gouges and grooves;                                        imum requirements for operator quali-
                                  (ii) Pressure test conducted in ac-                     fication of individuals performing cov-
                               cordance with subpart E of this part; or                   ered tasks on a pipeline facility.
                                  (iii) Other technology that the oper-                     (b) For the purpose of this subpart, a
                               ator demonstrates can provide an                           covered task is an activity, identified
                               equivalent understanding of the condi-                     by the operator, that:
                               tion of the line pipe. An operator                           (1) Is performed on a pipeline facility;
                               choosing this option must notify OPS                         (2) Is an operations or maintenance
                               60 days before conducting the assess-                      task;
                               ment, by sending a notice to the ad-                         (3) Is performed as a requirement of
                               dress specified in § 195.58 or to the fac-                 this part; and
                               simile number specified in § 195.56.                         (4) Affects the operation or integrity
                                  (6) However, for low frequency elec-                    of the pipeline.
                               tric resistance welded pipe or lap weld-
                               ed pipe susceptible to longitudinal                        § 195.503    Definitions.
                               seam failure, an operator must select
                               integrity assessment methods capable                         Abnormal operating condition means a
                               of assessing seam integrity and of de-                     condition identified by the operator
                               tecting corrosion and deformation                          that may indicate a malfunction of a
                               anomalies.                                                 component or deviation from normal
                                  (k) What methods to measure program                     operations that may:
                               effectiveness must be used? An operator’s                    (a) Indicate a condition exceeding de-
                               program must include methods to                            sign limits; or
                               measure whether the program is effec-                        (b) Result in a hazard(s) to persons,
                               tive in assessing and evaluating the in-                   property, or the environment.
                               tegrity of each pipeline segment and in                      Evaluation means a process, estab-
                               protecting the high consequence areas.                     lished and documented by the operator,
                               See Appendix C of this part for guid-                      to determine an individual’s ability to
                               ance on methods that can be used to                        perform a covered task by any of the
                               evaluate a program’s effectiveness.                        following:
                                  (1) What records must be kept? An oper-
                                                                                            (a) Written examination;
                               ator must maintain for review during
                               an inspection:                                               (b) Oral examination;
                                  (i) A written integrity management                        (c) Work performance history review;
                               program in accordance with paragraph                         (d) Observation during:
                               (b) of this section.                                         (1) performance on the job,
                                  (ii) Documents to support the deci-                       (2) on the job training, or
                               sions and analyses, including any                            (3) simulations;
                               modifications,              justifications,                  (e) Other forms of assessment.
                               variances, deviations and determina-                         Qualified means that an individual
                               tions made, and actions taken, to im-                      has been evaluated and can:
                               plement and evaluate each element of                         (a) Perform assigned covered tasks
                               the integrity management program                           and
                               listed in paragraph (f) of this section.

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                               § 195.505                                                              49 CFR Ch. I (10–1–01 Edition)

                                 (b) Recognize and react to abnormal                      § 195.509 General.
                               operating conditions.                                         (a) Operators must have a written
                               [Amdt. 195–67, 64 FR 46866, Aug. 27, 1999, as              qualification program by April 27, 2001.
                               amended by Amdt. 195–72, 66 FR 43524, Aug.                    (b) Operators must complete the
                               20, 2001]                                                  qualification of individuals performing
                                                                                          covered tasks by October 28, 2002.
                               § 195.505      Qualification program.                         (c) Work performance history review
                                 Each operator shall have and follow a                    may be used as a sole evaluation meth-
                               written qualification program. The                         od for individuals who were performing
                               program shall include provisions to:                       a covered task prior to October 26, 1999.
                                 (a) Identify covered tasks;                                 (d) After October 28, 2002, work per-
                                                                                          formance history may not be used as a
                                 (b) Ensure through evaluation that
                                                                                          sole evaluation method.
                               individuals performing covered tasks
                               are qualified;                                             [Amdt. 195–67, 64 FR 46866, Aug. 27, 1999, as
                                 (c) Allow individuals that are not                       amended by Amdt. 195–72, 66 FR 43524, Aug.
                                                                                          20, 2001]
                               qualified pursuant to this subpart to
                               perform a covered task if directed and                     APPENDIX A TO PART 195—DELINEATION
                               observed by an individual that is quali-                      BETWEEN FEDERAL AND STATE JU-
                               fied;                                                         RISDICTION—STATEMENT OF AGENCY
                                 (d) Evaluate an individual if the oper-                     POLICY AND INTERPRETATION
                               ator has reason to believe that the in-
                               dividual’s performance of a covered                          In 1979, Congress enacted comprehensive
                               task contributed to an accident as de-                     safety legislation governing the transpor-
                                                                                          tation of hazardous liquids by pipeline, the
                               fined in Part 195;                                         Hazardous Liquids Pipeline Safety Act of
                                 (e) Evaluate an individual if the oper-                  1979, 49 U.S.C. 2001 et seq. (HLPSA). The
                               ator has reason to believe that the in-                    HLPSA expanded the existing statutory au-
                               dividual is no longer qualified to per-                    thority for safety regulation, which was lim-
                               form a covered task;                                       ited to transportation by common carriers in
                                                                                          interstate and foreign commerce, to trans-
                                 (f) Communicate changes that affect
                                                                                          portation through facilities used in or affect-
                               covered tasks to individuals per-                          ing interstate or foreign commerce. It also
                               forming those covered tasks; and                           added civil penalty, compliance order, and
                                 (g) Identify those covered tasks and                     injunctive enforcement authorities to the
                               the intervals at which evaluation of                       existing criminal sanctions. Modeled largely
                               the individual’s qualifications is need-                   on the Natural Gas Pipeline Safety Act of
                               ed.                                                        1968, 49 U.S.C. 1671 et seq. (NGPSA), the
                                                                                          HLPSA provides for a national hazardous
                                                                                          liquid pipeline safety program with nation-
                               § 195.507      Recordkeeping.
                                                                                          ally uniform minimal standards and with en-
                                 Each operator shall maintain records                     forcement administered through a Federal-
                               that demonstrate compliance with this                      State partnership. The HLPSA leaves to ex-
                               subpart.                                                   clusive Federal regulation and enforcement
                                                                                          the ‘‘interstate pipeline facilities,’’ those
                                 (a) Qualification records shall in-                      used for the pipeline transportation of haz-
                               clude:                                                     ardous liquids in interstate or foreign com-
                                 (1) Identification of qualified indi-                    merce. For the remainder of the pipeline fa-
                               vidual(s);                                                 cilities, denominated ‘‘intrastate pipeline fa-
                                 (2) Identification of the covered tasks                  cilities,’’ the HLPSA provides that the same
                               the individual is qualified to perform;                    Federal regulation and enforcement will
                                                                                          apply unless a State certifies that it will as-
                                 (3) Date(s) of current qualification;                    sume those responsibilities. A certified State
                               and                                                        must adopt the same minimal standards but
                                 (4) Qualification method(s).                             may adopt additional more stringent stand-
                                 (b) Records supporting an individ-                       ards so long as they are compatible. There-
                               ual’s current qualification shall be                       fore, in States which participate in the haz-
                               maintained while the individual is per-                    ardous liquid pipeline safety program
                                                                                          through certification, it is necessary to dis-
                               forming the covered task. Records of
                                                                                          tinguish the interstate from the intrastate
                               prior qualification and records of indi-                   pipeline facilities.
                               viduals no longer performing covered                         In deciding that an administratively prac-
                               tasks shall be retained for a period of                    tical approach was necessary in distin-
                               five years.                                                guishing between interstate and intrastate

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                               Research and Special Programs Administration, DOT                                        Pt. 195, App. A
                               liquid pipeline facilities and in determining              tion that is needed to make decisions of this
                               how best to accomplish this, DOT has logi-                 nature than can DOT.
                               cally examined the approach used in the                      In delineating which liquid pipeline facili-
                               NGPSA. The NGPSA defines the interstate                    ties are interstate pipeline facilities within
                               gas pipeline facilities subject to exclusive               the meaning of the HLPSA, DOT will gen-
                               Federal jurisdiction as those subject to the               erally rely on the FERC filings; that is, if
                               economic regulatory jurisdiction of the Fed-               there is a tariff or concurrence filed with
                               eral Energy Regulatory Commission (FERC).                  FERC governing the transportation of haz-
                               Experience has proven this approach prac-                  ardous liquids over a pipeline facility or if
                               tical. Unlike the NGPSA however, the                       there has been an exemption from the obliga-
                               HLPSA has no specific reference to FERC ju-                tion to file tariffs obtained from FERC, then
                               risdiction, but instead defines interstate liq-            DOT will, as a general rule, consider the fa-
                               uid pipeline facilities by the more commonly               cility to be an interstate pipeline facility
                               used means of specifying the end points of                 within the meaning of the HLPSA. The types
                               the transportation involved. For example,                  of situations in which DOT will ignore the
                               the economic regulatory jurisdiction of                    existence or non-existence of a filing with
                               FERC over the transportation of both gas                   FERC will be limited to those cases in which
                               and liquids by pipeline is defined in much the             it appears obvious that a complaint filed
                               same way. In implementing the HLPSA DOT                    with FERC would be successful or in which
                               has sought a practicable means of distin-                  blind reliance on a FERC filing would result
                               guishing between interstate and intrastate                 in a situation clearly not intended by the
                               pipeline facilities that provide the requisite             HLPSA such as a pipeline facility not being
                               degree of certainty to Federal and State en-               subject to either State or Federal safety reg-
                               forcement personnel and to the regulated en-               ulation. DOT anticipates that the situations
                               tities. DOT intends that this statement of                 in which there is any question about the va-
                               agency policy and interpretation provide                   lidity of the FERC filings as a ready ref-
                               that certainty.                                            erence will be few and that the actual vari-
                                 In 1981, DOT decided that the inventory of               ations from reliance on those filings will be
                               liquid pipeline facilities identified as subject           rare. The following examples indicate the
                               to the jurisdiction of FERC approximates                   types of facilities which DOT believes are
                               the HLPSA category of ‘‘interstate pipeline                interstate pipeline facilities subject to the
                               facilities.’’ Administrative use of the FERC               HLPSA despite the lack of a filing with
                               inventory has the added benefit of avoiding                FERC and the types of facilities over which
                               the creation of a separate Federal scheme for              DOT will generally defer to the jurisdiction
                               determination of jurisdiction over the same                of a certifying state despite the existence of
                               regulated entities. DOT recognizes that the                a filing with FERC.
                               FERC inventory is only an approximation                      Example 1. Pipeline company P operates a
                               and may not be totally satisfactory without                pipeline from ‘‘Point A’’ located in State X
                               some modification. The difficulties stem                   to ‘‘Point B’’ (also in X). The physical facili-
                               from some significant differences in the eco-              ties never cross a state line and do not con-
                               nomic regulation of liquid and of natural gas              nect with any other pipeline which does
                               pipelines. There is an affirmative assertion               cross a state line. Pipeline company P also
                               of jurisdiction by FERC over natural gas                   operates another pipeline between ‘‘Point C’’
                               pipelines through the issuance of certificates             in State X and ‘‘Point D’’ in an adjoining
                               of public convenience and necessity prior to               State Y. Pipeline company P files a tariff
                               commencing operations. With liquid pipe-                   with FERC for transportation from ‘‘Point
                               lines, there is only a rebuttable presumption              A’’ to ‘‘Point B’’ as well as for transpor-
                               of jurisdiction created by the filing by pipe-             tation from ‘‘Point C’’ to ‘‘Point D.’’ DOT
                               line operators of tariffs (or concurrences) for            will ignore filing for the line from ‘‘Point A’’
                               movement of liquids through existing facili-               to ‘‘Point B’’ and consider the line to be
                               ties. Although FERC does police the filings                intrastate.
                               for such matters as compliance with the gen-                 Example 2. Same as in example 1 except
                               eral duties of common carriers, the question               that P does not file any tariffs with FERC.
                               of jurisdiction is normally only aired upon                DOT will assume jurisdiction of the line be-
                               complaint. While any person, including                     tween ‘‘Point C’’ and ‘‘Point D.’’
                               State or Federal agencies, can avail them-                   Example 3. Same as in example 1 except
                               selves of the FERC forum by use of the com-                that P files its tariff for the line between
                               plaint process, that process has only been                 ‘‘Point C’’ and ‘‘Point D’’ not only with
                               rarely used to review jurisdictional matters               FERC but also with State X. DOT will rely
                               (probably because of the infrequency of real               on the FERC filing as indication of inter-
                               disputes on the issue). Where the issue has                state commerce.
                               arisen, the reviewing body has noted the                     Example 4. Same as in example 1 except
                               need to examine various criteria primarily of              that the pipeline from ‘‘Point A’’ to ‘‘Point
                               an economic nature. DOT believes that, in                  B’’ (in State X) connects with a pipeline op-
                               most cases, the formal FERC forum can bet-                 erated by another company transports liquid
                               ter receive and evaluate the type of informa-              between ‘‘Point B’’ (in State X) and ‘‘Point

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                               Pt. 195, App. B                                                                                    49 CFR Ch. I (10–1–01 Edition)
                               D’’ (in State Y). DOT will rely on the FERC                                       nomic factors better left to that agency,
                               filing as indication of interstate commerce.                                      DOT will decline to vary its reliance on the
                                  Example 5. Same as in example 1 except                                         FERC filings unless, of course, not doing so
                               that the line between ‘‘Point C’’ and ‘‘Point                                     would result in situations clearly not in-
                               D’’ has a lateral line connected to it. The                                       tended by the HLPSA.
                               lateral is located entirely with State X. DOT
                               will rely on the existence or non-existence of                                    [Amdt. 195–33, 50 FR 15899, Apr. 23, 1985]
                               a FERC filing covering transportation over
                               that lateral as determinative of interstate                                       APPENDIX B TO PART 195—RISK-BASED
                               commerce.                                                                            ALTERNATIVE TO PRESSURE TESTING
                                  Example 6. Same as in example 1 except                                            OLDER HAZARDOUS LIQUID AND CAR-
                               that the certified agency in State X has                                             BON DIOXIDE PIPELINES
                               brought an enforcement action (under the
                               pipeline safety laws) against P because of its                                                    RISK-BASED ALTERNATIVE
                               operation of the line between ‘‘Point A’’ and                                       This Appendix provides guidance on how a
                               ‘‘Point B’’. P has successfully defended                                          risk-based alternative to pressure testing
                               against the action on jurisdictional grounds.                                     older hazardous liquid and carbon dioxide
                               DOT will assume jurisdiction if necessary to
                                                                                                                 pipelines rule allowed by § 195.303 will work.
                               avoid the anomaly of a pipeline subject to
                                                                                                                 This risk-based alternative establishes test
                               neither State or Federal safety enforcement.
                                                                                                                 priorities for older pipelines, not previously
                               DOT’s assertion of jurisdiction in such a case
                                                                                                                 pressure tested, based on the inherent risk of
                               would be based on the gap in the state’s en-
                                                                                                                 a given pipeline segment. The first step is to
                               forcement authority rather than a DOT deci-
                                                                                                                 determine the classification based on the
                               sion that the pipeline is an interstate pipe-
                                                                                                                 type of pipe or on the pipeline segment’s
                               line facility.
                                                                                                                 proximity to populated or environmentally
                                  Example 7. Pipeline Company P operates a
                               pipeline that originates on the Outer Conti-                                      sensitive area. Secondly, the classifications
                               nental Shelf. P does not file any tariff for                                      must be adjusted based on the pipeline fail-
                               that line with FERC. DOT will consider the                                        ure history, product transported, and the re-
                               pipeline to be an interstate pipeline facility.                                   lease volume potential.
                                  Example 8. Pipeline Company P is con-                                            Tables 2–6 give definitions of risk classi-
                               structing a pipeline from ‘‘Point C’’ (in State                                   fication A, B, and C facilities. For the pur-
                               X) to ‘‘Point D’’ (in State Y). DOT will con-                                     poses of this rule, pipeline segments con-
                               sider the pipeline to be an interstate pipeline                                   taining high risk electric resistance-welded
                               facility.                                                                         pipe (ERW pipe) and lapwelded pipe manufac-
                                  Example 9. Pipeline company P is con-                                          tured prior to 1970 and considered a risk clas-
                               structing a pipeline from ‘‘Point C’’ to                                          sification C or B facility shall be treated as
                               ‘‘Point E’’ (both in State X) but intends to                                      the top priority for testing because of the
                               file tariffs with FERC in the transportation                                      higher risk associated with the suscepti-
                               of hazardous liquid in interstate commerce.                                       bility of this pipe to longitudinal seam fail-
                               Assuming there is some connection to an                                           ures.
                               interstate pipeline facility, DOT will con-                                         In all cases, operators shall annually, at
                               sider this line to be an interstate pipeline fa-                                  intervals not to exceed 15 months, review
                               cility.                                                                           their facilities to reassess the classification
                                  Example 10. Pipeline Company P has oper-                                       and shall take appropriate action within two
                               ated a pipeline subject to FERC economic                                          years or operate the pipeline system at a
                               regulation. Solely because of some statutory                                      lower pressure. Pipeline failures, changes in
                               economic deregulation, that pipeline is no                                        the characteristics of the pipeline route, or
                               longer regulated by FERC. DOT will con-                                           changes in service should all trigger a reas-
                               tinue to consider that pipeline to be an                                          sessment of the originally classification.
                               interstate pipeline facility.                                                       Table 1 explains different levels of test re-
                                  As seen from the examples, the types of                                        quirements depending on the inherent risk of
                               situations in which DOT will not defer to the                                     a given pipeline segment. The overall risk
                               FERC regulatory scheme are generally clear-                                       classification is determined based on the
                               cut cases. For the remainder of the situa-                                        type of pipe involved, the facility’s location,
                               tions where variation from the FERC scheme                                        the product transported, the relative volume
                               would require DOT to replicate the forum al-                                      of flow and pipeline failure history as deter-
                               ready provided by FERC and to consider eco-                                       mined from Tables 2–6.
                                TABLE 1. TEST REQUIREMENTS—MAINLINE SEGMENTS OUTSIDE OF TERMINALS, STATIONS, AND TANK
                                                                       FARMS
                                                      Pipeline segment                                 Risk classification              Test deadline 1                      Test medium

                               Pre-1970 Pipeline Segments susceptible to longitu-                      C or B                12/7/2000 3 ...............................   Water only.
                                  dinal seam failures 2.                                               A                     12/7/2002 3 ...............................   Water only.
                               All Other Pipeline Segments .........................................   C                     12/7/2002 4 ...............................   Water only.
                                                                                                       B                     12/7/2004 4 ...............................   Water/Liq.5


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                               Research and Special Programs Administration, DOT                                                                                                          Pt. 195, App. B

                                TABLE 1. TEST REQUIREMENTS—MAINLINE SEGMENTS OUTSIDE OF TERMINALS, STATIONS, AND TANK
                                                                  FARMS—Continued
                                                            Pipeline segment                                             Risk classification                          Test deadline 1              Test medium

                                                                                                                        A                                Additional pressure testing not
                                                                                                                                                           required.
                                  1 If operational experience indicates a history of past failures for a particular pipeline segment, failure causes (time-dependent
                               defects due to corrosion, construction, manufacture, or transmission problems, etc.) shall be reviewed in determining risk classi-
                               fication (See Table 6) and the timing of the pressure test should be accelerated.
                                  2 All pre-1970 ERW pipeline segments may not require testing. In determining which ERW pipeline segments should be in-
                               cluded in this category, an operator must consider the seam-related leak history of the pipe and pipe manufacturing information
                               as available, which may include the pipe steel’s mechanical properties, including fracture toughness; the manufacturing process
                               and controls related to seam properties, including whether the ERW process was high-frequency or low-frequency, whether the
                               weld seam was heat treated, whether the seam was inspected, the test pressure and duration during mill hydrotest; the quality
                               control of the steel-making process; and other factors pertinent to seam properties and quality.
                                  3 For those pipeline operators with extensive mileage of pre-1970 ERW pipe, any waiver requests for timing relief should be
                               supported by an assessment of hazards in accordance with location, product, volume, and probability of failure considerations
                               consistent with Tables 3, 4, 5, and 6.
                                  4 A magnetic flux leakage or ultrasonic internal inspection survey may be utilized as an alternative to pressure testing where
                               leak history and operating experience do not indicate leaks caused by longitudinal cracks or seam failures.
                                  5 Pressure tests utilizing a hydrocarbon liquid may be conducted, but only with a liquid which does not vaporize rapidly.




                                 Using LOCATION, PRODUCT, VOLUME,                                                                       factor which determines overall risk, with
                               and FAILURE HISTORY ‘‘Indicators’’ from                                                                  the PRODUCT, VOLUME, and PROB-
                               Tables 3, 4, 5, and 6 respectively, the overall                                                          ABILITY OF FAILURE Indicators used to
                               risk classification of a given pipeline or pipe-                                                         adjust to a higher or lower overall risk clas-
                               line segment can be established from Table                                                               sification per the following table.
                               2. The LOCATION Indicator is the primary
                                                                                                    TABLE 2—RISK CLASSIFICATION
                                         Risk classification                           Hazard location indicator                          Product/volume indicator                 Probability of failure indicator

                               A ..............................................    L or M ....................................        L/L .......................................... L.
                               B ..............................................                                                        Not A or C Risk Classification
                               C ..............................................    H ............................................     Any ........................................ Any.
                                  H=High     M=Moderate       L=Low.
                                  NOTE: For Location, Product, Volume, and Probability of Failure Indicators, see Tables 3, 4, 5, and 6.



                                 Table 3 is used to establish the LOCATION                                                              ciated with a pipeline facility’s location, a
                               Indicator used in Table 2. Based on the popu-                                                            LOCATION Indicator of H, M or L is se-
                               lation and environment characteristics asso-                                                             lected.
                                                                             TABLE 3—LOCATION INDICATORS—PIPELINE SEGMENTS
                                                    Indicator                                                        Population 1                                                    Environment 2

                               H ......................................................    Non-rural areas .............................................              Environmentally sensitive 2 areas.
                               M                                                           ........................................................................
                               L .......................................................   Rural areas ....................................................           Not environmentally sensitive 2 areas.
                                  1 The    effects of potential vapor migration should be considered for pipeline segments transporting highly volatile or toxic prod-
                               ucts.
                                 2 We expect operators to use their best judgment in applying this factor.




                                 Tables 4, 5 and 6 are used to establish the                                                            product transported. The VOLUME Indicator
                               PRODUCT, VOLUME, and PROBABILITY                                                                         is selected from Table 5 as H, M, or L based
                               OF FAILURE Indicators respectively, in                                                                   on the nominal diameter of the pipeline. The
                               Table 2. The PRODUCT Indicator is selected                                                               Probability of Failure Indicator is selected
                               from Table 4 as H, M, or L based on the acute                                                            from Table 6.
                               and chronic hazards associated with the
                                                                                                    TABLE 4—PRODUCT INDICATORS
                                                         Indicator                                                        Considerations                                            Product examples

                               H ................................................................    (Highly volatile and flammable) ...............                    (Propane, butane, Natural Gas Liquid
                                                                                                                                                                          (NGL), ammonia)




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                               Pt. 195, App. C                                                                                                           49 CFR Ch. I (10–1–01 Edition)

                                                                                       TABLE 4—PRODUCT INDICATORS—Continued
                                                         Indicator                                                     Considerations                                        Product examples

                                                                                                     Highly toxic ..............................................   (Benzene, high Hydrogen Sulfide con-
                                                                                                                                                                     tent crude oils).
                               M ................................................................    Flammable—flashpoint <100F ................                   (Gasoline, JP4, low flashpoint crude
                                                                                                                                                                     oils).
                               L .................................................................   Non-flammable—flashpoint 100+F ..........                     (Diesel, fuel oil, kerosene, JP5, most
                                                                                                                                                                     crude oils).
                                                                                                     Highly volatile and non-flammable/non-                        Carbon Dioxide.
                                                                                                       toxic.



                                 Considerations: The degree of acute and                                                            an operator can use to consider the potential
                               chronic toxicity to humans, wildlife, and                                                            impacts of a release on an area;
                               aquatic life; reactivity; and, volatility, flam-                                                       (2) Risk factors an operator can use to de-
                               mability, and water solubility determine the                                                         termine an integrity assessment schedule;
                               Product Indicator. Comprehensive Environ-                                                              (3) Safety risk indicator tables for leak
                               mental Response, Compensation and Liabil-                                                            history, volume or line size, age of pipeline,
                               ity Act Reportable Quantity values can be                                                            and product transported, an operator may
                               used as an indication of chronic toxicity. Na-                                                       use to determine if a pipeline segment falls
                               tional Fire Protection Association health                                                            into a high, medium or low risk category;
                               factors can be used for rating acute hazards.                                                          (4) Types of internal inspection tools an
                                                                                                                                    operator could use to find pipeline anoma-
                                                TABLE 5—VOLUME INDICATORS                                                           lies;
                                  Indicator                                          Line size
                                                                                                                                      (5) Measures an operator could use to
                                                                                                                                    measure an integrity management program’s
                               H ..................     ≥18″.                                                                       performance; and
                               M .................      10″–16″ nominal diameters.                                                    (6) Types of records an operator will have
                               L ..................     ≤8″ nominal diameter.                                                       to maintain.
                                  H=High              M=Moderate                L=Low.                                                I. Identifying a high consequence area and
                                                                                                                                    factors for considering a pipeline segment’s
                                 Table 6 is used to establish the PROB-                                                             potential impact on a high consequence area.
                               ABILITY OF FAILURE Indicator used in
                                                                                                                                      A. The rule defines a High Consequence
                               Table 2. The ‘‘Probability of Failure’’ Indi-
                                                                                                                                    Area as a high population area, an other pop-
                               cator is selected from Table 6 as H or L.
                                                                                                                                    ulated area, an unusually sensitive area, or a
                                                                                                                                    commercially navigable waterway. The Of-
                                TABLE 6—PROBABILITY OF FAILURE INDICATORS                                                           fice of Pipeline Safety (OPS) will map these
                                                              [in each haz. location]                                               areas on the National Pipeline Mapping Sys-
                                  Indicator                 Failure history (time-dependent defects) 2
                                                                                                                                    tem (NPMS). An operator, member of the
                                                                                                                                    public, or other government agency may
                               H 1 ................     >Three spills in last 10 years.                                             view and download the data from the NPMS
                               L ..................     ≤Three spills in last 10 years.                                             home page http://www.npms.rspa.dot.gov.
                                 H=High       L=Low.
                                                                                                                                    OPS will maintain the NPMS and update it
                                 1 Pipeline segments with greater than three product spills in                                      periodically. However, it is an operator’s re-
                               the last 10 years should be reviewed for failure causes as de-                                       sponsibility to ensure that it has identified
                               scribed in subnote 2. The pipeline operator should make an                                           all high consequence areas that could be af-
                               appropriate investigation and reach a decision based on
                               sound engineering judgment, and be able to demonstrate the                                           fected by a pipeline segment. An operator is
                               basis of the decision.                                                                               also responsible for periodically evaluating
                                 2 Time-Dependent Defects are defects that result in spills
                               due to corrosion, gouges, or problems developed during man-
                                                                                                                                    its pipeline segments to look for population
                               ufacture, construction or operation, etc.                                                            or environmental changes that may have oc-
                                                                                                                                    curred around the pipeline and to keep its
                               [Amdt. 195–65, 63 FR 59480, Nov. 4, 1998; 64 FR                                                      program current with this information.
                               6815, Feb. 11, 1999]                                                                                 (Refer to § 195.452(d)(3).) For more informa-
                                                                                                                                    tion to help in identifying high consequence
                               APPENDIX C TO PART 195—GUIDANCE FOR                                                                  areas, an operator may refer to:
                                  IMPLEMENTATION     OF  INTEGRITY                                                                    (1) Digital Data on populated areas avail-
                                  MANAGEMENT PROGRAM                                                                                able on U.S. Census Bureau maps.
                                                                                                                                      (2) Geographic Database on the commer-
                                  This Appendix gives guidance to help an                                                           cial navigable waterways available on http://
                               operator implement the requirements of the                                                           www.bts.gov/gis/ntatlas/networks.html.
                               integrity management program rule in                                                                   (3) The Bureau of Transportation Statis-
                               §§ 195.450 and 195.452. Guidance is provided on:                                                     tics database that includes commercially
                                  (1) Information an operator may use to                                                            navigable waterways and non-commercially
                               identify a high consequence area and factors                                                         navigable waterways. The database can be

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                               Research and Special Programs Administration, DOT                                        Pt. 195, App. C
                               downloaded from the BTS website at http://                   (12) Potential natural forces inherent in
                               www.bts.gov/gis/ntatlas/networks.html.                     the area (flood zones, earthquakes, subsid-
                                  B. The rule requires an operator to include             ence areas, etc.)
                               a process in its program for identifying                     II. Risk factors for establishing frequency
                               which pipeline segments could affect a high                of assessment.
                               consequence area and to take measures to                     A. By assigning weights or values to the
                               prevent and mitigate the consequences of a                 risk factors, and using the risk indicator ta-
                               pipeline failure that could affect a high con-             bles, an operator can determine the priority
                               sequence area. (See §§ 195.452 (f) and (i).)               for assessing pipeline segments, beginning
                               Thus, an operator will need to consider how                with those segments that are of highest risk,
                               each pipeline segment could affect a high                  that have not previously been assessed. This
                               consequence area. The primary source for                   list provides some guidance on some of the
                               the listed risk factors is a US DOT study on               risk factors to consider (see § 195.452(e)). An
                               instrumented Internal Inspection devices                   operator should also develop factors specific
                               (November 1992). Other sources include the                 to each pipeline segment it is assessing, in-
                               National Transportation Safety Board, the                  cluding:
                               Environmental Protection Agency and the                      (1) Populated areas, unusually sensitive en-
                               Technical Hazardous Liquid Pipeline Safety                 vironmental areas, National Fish Hatcheries,
                               Standards Committee. The following list                    commercially navigable waters, areas where
                               provides guidance to an operator on both the               people congregate.
                               mandatory and additional factors:                            (2) Results from previous testing/inspec-
                                  (1) Terrain surrounding the pipeline. An                tion. (See § 195.452(h).)
                               operator should consider the contour of the                  (3) Leak History. (See leak history risk
                               land profile and if it could allow the liquid              table.)
                               from a release to enter a high consequence                   (4) Known corrosion or condition of pipe-
                               area. An operator can get this information                 line. (See § 195.452(g).)
                               from topographical maps such as U.S. Geo-                    (5) Cathodic protection history.
                               logical Survey quadrangle maps.                              (6) Type and quality of pipe coating
                                  (2) Drainage systems such as small streams              (disbonded coating results in corrosion).
                               and other smaller waterways that could                       (7) Age of pipe (older pipe shows more cor-
                               serve as a conduit to a high consequence                   rosion—may be uncoated or have an ineffec-
                               area.                                                      tive coating) and type of pipe seam. (See Age
                                  (3) Crossing of farm tile fields. An operator           of Pipe risk table.)
                               should consider the possibility of a spillage                (8) Product transported (highly volatile,
                               in the field following the drain tile into a               highly flammable and toxic liquids present a
                               waterway.                                                  greater threat for both people and the envi-
                                  (4) Crossing of roadways with ditches along             ronment) (see Product transported risk
                               the side. The ditches could carry a spillage               table.)
                               to a waterway.                                               (9) Pipe wall thickness (thicker walls give
                                  (5) The nature and characteristics of the               a better safety margin)
                               product the pipeline is transporting (refined                (10) Size of pipe (higher volume release if
                               products, crude oils, highly volatile liquids,             the pipe ruptures).
                               etc.) Highly volatile liquids becomes gaseous                (11) Location related to potential ground
                               when exposed to the atmosphere. A spillage                 movement (e.g., seismic faults, rock quar-
                               could create a vapor cloud that could settle               ries, and coal mines); climatic (permafrost
                               into the lower elevation of the ground pro-                causes settlement—Alaska); geologic (land-
                               file.                                                      slides or subsidence).
                                  (6) Physical support of the pipeline seg-                 (12) Security of throughput (effects on cus-
                               ment such as by a cable suspension bridge.                 tomers if there is failure requiring shut-
                               An operator should look for stress indicators              down).
                               on the pipeline (strained supports, inad-                    (13) Time since the last internal inspection/
                               equate support at towers), atmospheric cor-                pressure testing.
                               rosion, vandalism, and other obvious signs of                (14) With respect to previously discovered
                               improper maintenance.                                      defects/anomalies, the type, growth rate, and
                                  (7) Operating condition of pipeline (pres-              size.
                               sure, flow rate, etc.) Exposure of the pipeline              (15) Operating stress levels in the pipeline.
                               to operating pressure exceeding established                  (16) Location of the pipeline segment as it
                               maximum operating pressure.                                relates to the ability of the operator to de-
                                  (8) The hydraulic gradient of pipeline.                 tect and respond to a leak. (e.g., pipelines
                                  (9) The diameter of pipeline, the potential             deep underground, or in locations that make
                               release volume, and the distance between the               leak detection difficult without specific sec-
                               isolation points.                                          tional monitoring and/or significantly im-
                                  (10) Potential physical pathways between                pede access for spill response or any other
                               the pipeline and the high consequence area.                purpose).
                                  (11) Response capability (time to respond,                (17) Physical support of the segment such
                               nature of response).                                       as by a cable suspension bridge.

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                               Pt. 195, App. C                                                                49 CFR Ch. I (10–1–01 Edition)
                                  (18) Non-standard or other than recognized              Anomalies found: (yes/no)—yes, but do not
                               industry practice on pipeline installation                      pose an immediate safety risk or envi-
                               (e.g., horizontal directional drilling).                        ronmental hazard—Risk Value=3
                                  B. Example: This example illustrates a hy-              Leak History: yes, one spill in last 10 years.
                               pothetical model used to establish an integ-                    (refer to ‘‘Leak History’’ risk table)—
                               rity assessment schedule for a hypothetical                     Risk Value=2
                               pipeline segment. After we determine the                   Product transported: Diesel fuel. Product low
                               risk factors applicable to the pipeline seg-                    risk. (refer to ‘‘Product’’ risk table)—
                               ment, we then assign values or numbers to                       Risk Value=1
                               each factor, such as, high (5), moderate (3),              Pipe size: 16 inches. Size presents moderate
                               or low (1). We can determine an overall risk                    risk (refer to ‘‘Line Size’’ risk table)—
                               classification (A, B, C) for the segment using                  Risk Value=3
                               the risk tables and a sliding scale (values 5                iii. Overall risk value for this hypothetical
                               to 1) for risk factors for which tables are not            segment of pipe is 34. Assume we have two
                               provided. We would classify a segment as C if              other pipeline segments for which we con-
                               it fell above 2⁄3 of maximum value (highest                duct similar risk rankings. The second pipe-
                               overall risk value for any one segment when                line segment has an overall risk value of 20,
                               compared with other segments of a pipeline),               and the third segment, 11. For the baseline
                               a segment as B if it fell between 1⁄3 to 2⁄3 of            assessment we would establish a schedule
                               maximum value, and the remaining seg-                      where we assess the first segment (highest
                               ments as A.                                                risk segment) within two years, the second
                                  i. For the baseline assessment schedule, we             segment within five years and the third seg-
                               would plan to assess 50% of all pipeline seg-              ment within seven years. Similarly, for the
                               ments covered by the rule, beginning with                  continuing integrity assessment, we could
                               the highest risk segments, within the first                establish an assessment schedule where we
                               31⁄2 years and the remaining segments within               assess the highest risk segment no later than
                               the seven-year period. For the continuing in-              the second year, the second segment no later
                               tegrity assessments, we would plan to assess               than the third year, and the third segment
                               the C segments within the first two (2) years              no later than the fifth year.
                               of the schedule, the segments classified as                  III. Safety risk indicator tables for leak
                               moderate risk no later than year three or                  history, volume or line size, age of pipeline,
                               four and the remaining lowest risk segments                and product transported.
                               no later than year five (5).
                                  ii. For our hypothetical pipeline segment,
                               we have chosen the following risk factors
                                                                                                                            LEAK HISTORY
                               and obtained risk factor values from the ap-                      Safety risk                              Leak history
                               propriate table. The values assigned to the                        indicator                        (Time-dependent defects) 1
                               risk factors are for illustration only.
                                                                                          High ..........................    > 3 Spills in last 10 years
                               Age of pipeline: assume 30 years old (refer to
                                                                                          Low ...........................    < 3 Spills in last 10 years
                                     ‘‘Age of Pipeline’’ risk table)—
                               Risk Value=5                                                 1 Time-dependent defects are those that result in spills due

                               Pressure tested: tested once during construc-              to corrosion, gouges, or problems developed during manufac-
                                                                                          ture, construction or operation, etc.
                                     tion—
                               Risk Value=5
                               Coated: (yes/no)—yes                                                 LINE SIZE OR VOLUME TRANSPORTED
                               Coating Condition: Recent excavation of sus-
                                                                                                 Safety risk
                                     pected areas showed holidays in coating                                                                Line size
                                                                                                  indicator
                                     (potential corrosion risk)—
                               Risk Value=5                                               High ..........................    ≥ 18′
                               Cathodically Protected: (yes/no)—yes—Risk                  Moderate ..................        10′—16′ nominal diameters
                                     Value=1                                              Low ...........................    ≤ 8′ nominal diameter
                               Date cathodic protection installed: five years
                                     after pipeline was constructed (Cathodic
                                                                                                                      AGE OF PIPELINE
                                     protection installed within one year of
                                     the pipeline’s construction is generally                    Safety risk                         Age Pipeline condition
                                     considered low risk.)—Risk Value=3                           indicator                              dependent) 1
                               Close interval survey: (yes/no)—no—Risk
                                     Value =5                                             High ..........................    > 25 years
                               Internal Inspection tool used: (yes/no)—yes.               Low ...........................    < 25 years
                                     Date of pig run? In last five years—Risk               1 Depends on pipeline’s coating & corrosion condition, and

                                     Value=1                                              steel quality, toughness, welding.




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                                                                                                                                                                                                                                                     Research and Special Programs Administration, DOT
                                                                                                                                                 PRODUCT TRANSPORTED
                                   Safety risk                                                                 Considerations 1                                                                                            Product examples
                                    indicator
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                            High .........................   (Highly volatile and flammable) .................................................................................               (Propane, butane, Natural Gas Liquid (NGL), ammonia).
                                                             Highly toxic ................................................................................................................   (Benzene, high Hydrogen Sulfide content crude oils).
                            Medium ...................       Flammable—flashpoint <100F ..................................................................................                   (Gasoline, JP4, low flashpoint crude oils).
                            Low .........................    Non-flammable—flashpoint 100+F ............................................................................                     (Diesel, fuel oil, kerosene, JP5, most crude oils).
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                              1 The degree of acute and chronic toxicity to humans, wildlife, and aquatic life; reactivity; and, volatility, flammability, and water solubility determine the Product Indicator. Comprehensive
                            Environmental Response, Compensation and Liability Act Reportable Quantity values may be used as an indication of chronic toxicity. National Fire Protection Association health factors
                            may be used for rating acute hazards.
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                                                                                                                                                                                                                                                     Pt. 195, App. C
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                               Pt. 195, App. C                                                        49 CFR Ch. I (10–1–01 Edition)
                                 IV. Types of internal inspection tools to                  (3) Failure Measures—Leak History, inci-
                               use.                                                       dent response, product loss, etc. These meas-
                                 An operator should consider at least two                 ures will indicate progress towards fewer
                               types of internal inspection tools for the in-             spills and less damage.
                               tegrity assessment from the following list.                  C. Internal vs. External Comparisons. These
                               The type of tool or tools an operator selects              comparisons show how a pipeline segment
                               will depend on the results from previous in-               that could affect a high consequence area is
                               ternal inspection runs, information analysis               progressing in comparison to the operator’s
                               and risk factors specific to the pipeline seg-             other pipeline segments that are not covered
                               ment:                                                      by the integrity management requirements
                                 (1) Geometry Internal inspection tools for               and how that pipeline segment compares to
                               detecting changes to ovality, e.g., bends,                 other operators’ pipeline segments.
                               dents, buckles or wrinkles, due to construc-                 (1) Internal—Comparing data from the
                               tion flaws or soil movement, or other outside              pipeline segment that could affect the high
                               force damage;                                              consequence area with data from pipeline
                                 (2) Metal Loss Tools (Ultrasonic and Mag-                segments in other areas of the system may
                               netic Flux Leakage) for determining pipe                   indicate the effects from the attention given
                               wall anomalies, e.g., wall loss due to corro-              to the high consequence area.
                               sion.                                                        (2) External—Comparing data external to
                                 (3) Crack Detection Tools for detecting                  the pipeline segment (e.g., OPS incident
                               cracks and crack-like features, e.g., stress               data) may provide measures on the fre-
                                                                                          quency and size of leaks in relation to other
                               corrosion cracking (SCC), fatigue cracks,
                                                                                          companies.
                               narrow axial corrosion, toe cracks, hook
                                                                                            D. Examples. Some examples of perform-
                               cracks, etc.
                                                                                          ance measures an operator could use in-
                                 V. Methods to measure performance.
                                                                                          clude—
                                 A. General. (1) This guidance is to help an                (1) A performance measurement goal to re-
                               operator establish measures to evaluate the                duce the total volume from unintended re-
                               effectiveness of its integrity management                  leases by -% (percent to be determined by op-
                               program. The performance measures re-                      erator) with an ultimate goal of zero.
                               quired will depend on the details of each in-                (2) A performance measurement goal to re-
                               tegrity management program and will be                     duce the total number of unintended releases
                               based on an understanding and analysis of                  (based on a threshold of 5 gallons) by ll-%
                               the failure mechanisms or threats to integ-                (percent to be determined by operator) with
                               rity of each pipeline segment.                             an ultimate goal of zero.
                                 (2) An operator should select a set of meas-               (3) A performance measurement goal to
                               urements to judge how well its program is                  document the percentage of integrity man-
                               performing. An operator’s objectives for its               agement activities completed during the cal-
                               program are to ensure public safety, prevent               endar year.
                               or minimize leaks and spills and prevent                     (4) A performance measurement goal to
                               property and environmental damage. A typ-                  track and evaluate the effectiveness of the
                               ical integrity management program will be                  operator’s community outreach activities.
                               an ongoing program and it may contain                        (5) A narrative description of pipeline sys-
                               many elements. Therefore, several perform-                 tem integrity, including a summary of per-
                               ance measure are likely to be needed to                    formance improvements, both qualitative
                               measure the effectiveness of an ongoing pro-               and quantitative, to an operator’s integrity
                               gram.                                                      management program prepared periodically.
                                 B. Performance measures. These measures                    (6) A performance measure based on inter-
                               show how a program to control risk on pipe-                nal audits of the operator’s pipeline system
                               line segments that could affect a high con-                per 49 CFR Part 195.
                               sequence area is progressing under the integ-                (7) A performance measure based on exter-
                               rity management requirements. Perform-                     nal audits of the operator’s pipeline system
                               ance measures generally fall into three cat-               per 49 CFR Part 195.
                               egories:                                                     (8) A performance measure based on oper-
                                 (1) Selected Activity Measures—Measures                  ational events (for example: relief occur-
                               that monitor the surveillance and preventive               rences, unplanned valve closure, SCADA out-
                               activities the operator has implemented.                   ages, etc.) that have the potential to ad-
                               These measure indicate how well an operator                versely affect pipeline integrity.
                               is implementing the various elements of its                  (9) A performance measure to demonstrate
                               integrity management program.                              that the operator’s integrity management
                                 (2) Deterioration Measures—Operation and                 program reduces risk over time with a focus
                               maintenance trends that indicate when the                  on high risk items.
                               integrity of the system is weakening despite                 (10) A performance measure to dem-
                               preventive measures. This category of per-                 onstrate that the operator’s integrity man-
                               formance measure may indicate that the sys-                agement program for pipeline stations and
                               tem condition is deteriorating despite well                terminals reduces risk over time with a
                               executed preventive activities.                            focus on high risk items.

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                               Research and Special Programs Administration, DOT                                                     § 198.3
                                 VI. Examples of types of records an oper-                  (21) criteria for determining EFRD instal-
                               ator must maintain.                                        lation;
                                 The rule requires an operator to maintain                  (22) criteria for evaluating and modifying
                               certain records. (See § 195.452(l)). This section          leak detection capability;
                               provides examples of some records that an                    (23) methods used to measure the pro-
                               operator would have to maintain for inspec-                gram’s effectiveness.
                               tion to comply with the requirement. This is
                               not an exhaustive list.                                    [Amdt. 195–70, 65 FR 75409, Dec. 1, 2000]
                                 (1) a process for identifying which pipelines
                               could affect a high consequence area and a                         PARTS 196–197—[RESERVED]
                               document identifying all pipeline segments
                               that could affect a high consequence area;
                                 (2) a plan for baseline assessment of the                PART   198—REGULATIONS    FOR
                               line pipe that includes each required plan                   GRANTS TO AID STATE PIPELINE
                               element;                                                     SAFETY PROGRAMS
                                 (3) modifications to the baseline plan and
                               reasons for the modification;                                            Subpart A—General
                                 (4) use of and support for an alternative
                               practice;                                                  Sec.
                                 (5) a framework addressing each required                 198.1    Scope.
                               element of the integrity management pro-                   198.3    Definitions.
                               gram, updates and changes to the initial
                               framework and eventual program;                                      Subpart B—Grant Allocation
                                 (6) a process for identifying a new high
                               consequence area and incorporating it into                 198.11    Grant authority.
                               the baseline plan, particularly, a process for             198.13    Grant allocation formula.
                               identifying population changes around a
                               pipeline segment;                                          Subpart C—Adoption of One-Call Damage
                                 (7) an explanation of methods selected to                          Prevention Program
                               assess the integrity of line pipe;
                                 (8) a process for review of integrity assess-            198.31 Scope.
                               ment results and data analysis by a person                 198.33 [Reserved]
                               qualified to evaluate the results and data;                198.35 Grants conditioned on adoption of
                                 (9) the process and risk factors for deter-                  one-call damage prevention program.
                               mining the baseline assessment interval;                   198.37 State one-call damage prevention
                                 (10) results of the baseline integrity assess-               program.
                               ment;                                                      198.39 Qualifications for operation of one-
                                 (11) the process used for continual evalua-                  call notification system.
                               tion, and risk factors used for determining                  AUTHORITY: 49 U.S.C. 60105, 60106, 60114; and
                               the frequency of evaluation;                               49 CFR 1.53.
                                 (12) process for integrating and analyzing
                               information about the integrity of a pipe-                   SOURCE: 55 FR 38691, Sept. 20, 1990, unless
                               line, information and data used for the infor-             otherwise noted.
                               mation analysis;
                                 (13) results of the information analyses and                         Subpart A—General
                               periodic evaluations;
                                 (14) the process and risk factors for estab-
                                                                                          § 198.1     Scope.
                               lishing continual re-assessment intervals;
                                 (15) justification to support any variance                 This part prescribes regulations gov-
                               from the required re-assessment intervals;                 erning grants-in-aid for State pipeline
                                 (16) integrity assessment results and anom-              safety compliance programs.
                               alies found, process for evaluating and re-
                               pairing anomalies, criteria for repair actions             § 198.3     Definitions.
                               and actions taken to evaluate and repair the
                               anomalies;                                                   As used in this part:
                                 (17) other remedial actions planned or                     Adopt means establish under State
                               taken;                                                     law by statute, regulation, license, cer-
                                 (18) schedule for reviewing and analyzing                tification, order, or any combination of
                               integrity assessment results;                              these legal means.
                                 (19) schedule for evaluation and repair of                 Excavation activity means an exca-
                               anomalies, justification to support deviation
                               from required repair times;
                                                                                          vation activity defined in § 192.614(a) of
                                 (20) risk analysis used to identify addi-                this chapter, other than a specific ac-
                               tional preventive or mitigative measures,                  tivity the State determines would not
                               records of preventive and mitigative actions               be expected to cause physical damage
                               planned or taken;                                          to underground facilities.

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