[Federal Register: February 1, 2007 (Volume 72, Number 21)]
[Rules and Regulations]
[Page 4655-4657]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01fe07-11]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 192 and 195
[Docket No. PHMSA-05-21253; Amdt. Nos. 192-103 and 195-86]
RIN 2137-AD68
Pipeline Safety: Update of Regulatory References to Technical
Standards
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation.
ACTION: Final rule.
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SUMMARY: PHMSA is amending a final rule published in the Federal
Register on June 9, 2006, which updated the pipeline safety regulations
to incorporate by reference all or parts of new editions of voluntary
consensus technical standards to enable pipeline operators to utilize
current technology, materials, and practices.
DATES: The final rule takes effect on March 5, 2007.
FOR FURTHER INFORMATION CONTACT: Richard D. Huriaux, Director,
Technical Standards at (202) 366-4565, by fax at (202) 366-4566, or by
e-mail at richard.huriaux@dot.gov. Copies of this document or other
material in the docket can be reviewed by accessing the Docket
Management System's home page at http://dms.dot.gov.
General information on the pipeline safety program is available at
PHMSA's Web site at http://phmsa.dot.gov.
SUPPLEMENTARY INFORMATION:
Background
On June 9, 2006, PHMSA published a final rule in the Federal
Register entitled ``Pipeline Safety: Update of Regulatory References to
Technical Standards'' (71 FR 33402). Amendment Nos. 192-103, 193-19,
and 195-86 updated references to pipeline-related technical standards
and made a number of editorial corrections. We subsequently identified
several omissions and editorial corrections in parts 192 and 195. In
this correction notice we make the following corrections and edits:
Three editorial corrections are necessary in Sec. 192.1.
The spelling of the word ``apply'' is corrected in the introductory
text of paragraph (b), the comma is replaced by a ``;'' at the end of
paragraph (b)(2), and the comma is replaced by ``; or'' at the end of
paragraph (b)(4)(iii). We are restating these entire paragraphs for
clarity.
In Part 192, the restatement of the table of standards
incorporated by reference inadvertently deleted API Recommended
Practice 80 (API RP 80), ``Guidelines for the Definition of Onshore Gas
Gathering Lines'' (1st edition, April 2000). We are restating the list
of API standards at Sec. 192.7(c)(2) to properly include API RP 80.
Paragraph 192.227(a) incorrectly references ``Appendix
A.'' We are correcting this to refer to ``Sec. 192.7'' and restating
the entire paragraph for clarity.
Paragraphs 192.727(g)(2) and 195.59(a) are updated to
correctly reference the NPMS homepage at http://www.npms.phmsa.dot.gov.
We are restating these entire paragraphs for clarity.
[[Page 4656]]
Paragraphs 192.727(g)(1) and 195.59(b) are removed because
the April 10, 2001, deadline to report pipeline facilities abandoned
before October 10, 2000, has expired.
Paragraphs 192.727(g)(1), 192.949, 192.951, and 195.59(a)
are updated to reference the correct room number for the filing of
reports, ``Room 2103.'' We are restating these entire paragraphs for
clarity.
The current version of the gas pipeline safety regulations
inadvertently omitted some text in the definition of High consequence
area in paragraph Sec. 192.903. This is corrected herein by adding
back paragraphs (3) and (4) following paragraph (2)(ii) and updating
the agency name.
In Sec. 192.949 paragraphs (1), (2), and (3) are
corrected to read (a), (b), and (c) and the section heading is revised.
In Sec. 192.951 paragraphs (1), (2), and (3) are
corrected to read (a), (b), and (c).
Need for Correction
As published, the final regulations contain errors which may prove
to be misleading and need to be clarified.
List of Subjects
49 CFR Part 192
Incorporation by reference, Natural gas, Pipeline safety.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Incorporation by reference,
Petroleum, Pipeline safety.
0
In consideration of the foregoing, PHMSA amends 49 CFR parts 192 and
195 to read as follows:
PART 192--[AMENDED]
0
1. The authority citation for part 192 continues to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,
60113, and 60118; and 49 CFR 1.53.
0
2. Paragraphs (b) introductory text, (b)(2), and (b)(4)(iii) of Sec.
192.1 are revised to read as follows:
Sec. 192.1 What is the scope of this part?
* * * * *
(b) This part does not apply to--
(2) Pipelines on the Outer Continental Shelf (OCS) that are
producer-operated and cross into State waters without first connecting
to a transporting operator's facility on the OCS, upstream (generally
seaward) of the last valve on the last production facility on the OCS.
Safety equipment protecting PHMSA-regulated pipeline segments is not
excluded. Producing operators for those pipeline segments upstream of
the last valve of the last production facility on the OCS may petition
the Administrator, or designee, for approval to operate under PHMSA
regulations governing pipeline design, construction, operation, and
maintenance under 49 CFR 190.9;
(4) * * *
(iii) Within inlets of the Gulf of Mexico, except for the
requirements in Sec. 192.612; or
* * * * *
0
3. Paragraph (c)(2), entry B. of Sec. 192.7 is revised to read as
follows:
Sec. 192.7 What documents are incorporated by reference partly or
wholly in this part?
* * * * *
(c) * * *
(2) Documents incorporated by reference.
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Source and name of referenced material 49 CFR reference
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* * * * * * *
B. American Petroleum Institute (API):
(1) API Specification 5L Sec. Sec. 192.55(e);
``Specification for Line Pipe,'' 192.113; Item I of Appendix
(43rd edition and errata, 2004). B.
(2) API Recommended Practice 5L1 Sec. 192.65(a).
``Recommended Practice for Railroad
Transportation of Line Pipe,'' (6th
edition, 2002).
(3) API Specification 6D ``Pipeline Sec. 192.145(a).
Valves,'' (22nd edition, January
2002).
(4) API Recommended Practice 80, Sec. 192.8(a);
``Guidelines for the Definition of 192.8(a)(1); 192.8(a)(2);
Onshore Gas Gathering Lines,'' (1st 192.8(a)(3); 192.8(a)(4).
edition, April 2000).
(5) API 1104 ``Welding of Pipelines Sec. Sec. 192.227(a);
and Related Facilities,'' (19th 192.229(c)(1); 192.241(c);
edition, 1999, including Errata Item II, Appendix B.
October 31, 2001).
(6) API Recommended Practice 1162 Sec. Sec. 192.616(a);
``Public Awareness Programs for 192.616(b); 192.616(c).
Pipeline Operators,'' (1st edition,
December 2003).
* * * * * * *
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0
4. Paragraph (a) of Sec. 192.227 is revised to read as follows:
Sec. 192.227 Qualification of welders.
(a) Except as provided in paragraph (b) of this section, each
welder must be qualified in accordance with section 6 of API 1104
(incorporated by reference, see Sec. 192.7) or section IX of the ASME
Boiler and Pressure Vessel Code (incorporated by reference, see Sec.
192.7). However, a welder qualified under an earlier edition than
listed in Sec. 192.7 of this part may weld but may not requalify under
that earlier edition.
* * * * *
0
5. Paragraph (g)(1) of Sec. 192.727 is revised and paragraph (g)(2) is
removed to read as follows:
Sec. 192.727 Abandonment or deactivation of facilities.
* * * * *
(g) * * *
(1) The preferred method to submit data on pipeline facilities
abandoned after October 10, 2000 is to the National Pipeline Mapping
System (NPMS) in accordance with the NPMS ``Standards for Pipeline and
Liquefied Natural Gas Operator Submissions.'' To obtain a copy of the
NPMS Standards, please refer to the NPMS homepage at http://www.npms.phmsa.dot.gov
or contact the NPMS National Repository at 703-
317-3073. A digital data format is preferred, but hard copy submissions
are acceptable if they comply with the NPMS Standards. In addition to
the NPMS-required attributes, operators must submit the date of
abandonment, diameter, method of abandonment, and certification that,
to the best of the operator's knowledge, all of the reasonably
available information requested was provided and, to the best of the
operator's knowledge, the abandonment was completed in accordance with
applicable laws. Refer to the NPMS Standards for details in preparing
your data for submission. The NPMS Standards also include details of
how to submit data. Alternatively,
[[Page 4657]]
operators may submit reports by mail, fax or e-mail to the Pipeline and
Hazardous Materials Safety Administration, U.S. Department of
Transportation, Room 2103, 400 Seventh Street, SW., Washington, DC
20590; fax (202) 366-4566; e-mail, roger.little@dot.gov. The
information in the report must contain all reasonably available
information related to the facility, including information in the
possession of a third party. The report must contain the location,
size, date, method of abandonment, and a certification that the
facility has been abandoned in accordance with all applicable laws.
(2) [Reserved].
0
6. Section 192.903 is amended by adding paragraphs (3) and (4) of
``High consequence area'' to read as follows:
Sec. 192.903 What definitions apply to this subpart?
* * * * *
High consequence area means an area established by one of the
methods described in paragraphs (1) or (2) as follows:
* * * * *
(3) Where a potential impact circle is calculated under either
method (1) or (2) to establish a high consequence area, the length of
the high consequence area extends axially along the length of the
pipeline from the outermost edge of the first potential impact circle
that contains either an identified site or 20 or more buildings
intended for human occupancy to the outermost edge of the last
contiguous potential impact circle that contains either an identified
site or 20 or more buildings intended for human occupancy. (See Figure
E.I.A. in Appendix E.)
(4) If in identifying a high consequence area under paragraph
(1)(iii) of this definition or paragraph (2)(i) of this definition, the
radius of the potential impact circle is greater than 660 feet (200
meters), the operator may identify a high consequence area based on a
prorated number of buildings intended for human occupancy with a
distance of 660 feet (200 meters) from the centerline of the pipeline
until December 17, 2006. If an operator chooses this approach, the
operator must prorate the number of buildings intended for human
occupancy based on the ratio of an area with a radius of 660 feet (200
meters) to the area of the potential impact circle (i.e., the prorated
number of buildings intended for human occupancy is equal to 20 x (660
feet) [or 200 meters]/potential impact radius in feet [or meters]
2).
* * * * *
0
7. Paragraphs (1), (2), and (3) of Sec. 192.949 are redesignated to
read as (a), (b), (c) and the section heading is revised:
Sec. 192.949 How does an operator notify PHMSA?
* * * * *
(a) Sending the notification to the Pipeline and Hazardous
Materials Safety Administration, U.S. Department of Transportation,
Room 2103, 400 Seventh Street, SW., Washington, DC 20590;
(b) Sending the notification by fax to (202) 366-4566; or
(c) Entering the information directly on the Integrity Management
Database (IMDB) Web site at http://primis.phmsa.dot.gov/gasimp/.
0
8. Paragraphs (1), (2), and (3) of Sec. 192.951 are redesignated to
read as (a), (b), and (c):
Sec. 192.951 Where does an operator file a report?
* * * * *
(a) By mail to the Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, Room 2103, 400
Seventh Street SW., Washington, DC 20590;
(b) Via fax to (202) 366-4566; or
(c) Through the online reporting system provided by PHMSA for
electronic reporting available at the PHMSA Home Page at http://phmsa.dot.gov
.
PART 195--[AMENDED]
0
1. The authority citation for part 195 continues to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60118;
and 49 CFR 1.53.
0
2. Paragraph (a) and the section heading of Sec. 195.59 is revised and
paragraph (b) is removed, to read as follows:
Sec. 195.59 Abandonment or deactivation of facilities.
* * * * *
(a) The preferred method to submit data on pipeline facilities
abandoned after October 10, 2000 is to the National Pipeline Mapping
System (NPMS) in accordance with the NPMS ``Standards for Pipeline and
Liquefied Natural Gas Operator Submissions.'' To obtain a copy of the
NPMS Standards, please refer to the NPMS homepage at http://www.npms.phmsa.dot.gov
or contact the NPMS National Repository at 703-
317-3073. A digital data format is preferred, but hard copy submissions
are acceptable if they comply with the NPMS Standards. In addition to
the NPMS-required attributes, operators must submit the date of
abandonment, diameter, method of abandonment, and certification that,
to the best of the operator's knowledge, all of the reasonably
available information requested was provided and, to the best of the
operator's knowledge, the abandonment was completed in accordance with
applicable laws. Refer to the NPMS Standards for details in preparing
your data for submission. The NPMS Standards also include details of
how to submit data. Alternatively, operators may submit reports by
mail, fax or e-mail to the Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, Room 2103, 400
Seventh Street, SW., Washington, DC 20590; fax (202) 366-4566; e-mail,
roger.little@dot.gov. The information in the report must contain all
reasonably available information related to the facility, including
information in the possession of a third party. The report must contain
the location, size, date, method of abandonment, and a certification
that the facility has been abandoned in accordance with all applicable
laws.
(b) [Reserved].
Issued in Washington, DC on January 24, 2007.
Stacey L. Gerard,
Acting Deputy Administrator.
[FR Doc. E7-1652 Filed 1-31-07; 8:45 am]
BILLING CODE 4910-60-P