[Federal Register Volume 74, Number 228 (Monday, November 30, 2009)]
[Rules and Regulations]
[Pages 62503-62506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28477]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 190, 192, 195 and 198
[Docket No. PHMSA-2009-0265; Amdt Nos. 190-15; 192-111; 195-92, 198-5)]
RIN 2137-AE51
Pipeline Safety: Editorial Amendments to the Pipeline Safety
Regulations.
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule corrects editorial errors, makes minor changes
in the regulatory text, reflects changes in governing laws, and
improves the clarity of certain provisions in the pipeline safety
regulations. This rule is intended to enhance the accuracy and reduce
misunderstandings of the specified regulations. The amendments
contained in this rule are non-substantive changes.
DATES: Effective date: The effective date of this final rule is January
29, 2010.
FOR FURTHER INFORMATION CONTACT: Dana Register at (202) 366-4046.
SUPPLEMENTARY INFORMATION:
I. Background
PHMSA regularly reviews the Pipeline Safety Regulations (49 CFR
Parts 186-199) to identify typographical errors, outdated contact
information, or similar errors. In this final rule, we are correcting
typographical errors; incorrect CFR references and citations; and
clarifying certain regulatory requirements. Because these amendments do
not impose new requirements, notice and public comment procedures are
unnecessary.
II. Amendments Included in This Final Rule
A. In 49 CFR 190.3, which contains definitions, we are now updating
the location of the Eastern Regional Office to reflect a recent
location change.
1. In Sec. 190.3, under the definition of ``Regional Director'' we
are correcting the Eastern Regional Office location by replacing the
location ``Washington, DC'' with ``Trenton, NJ.''
B. On October 17, 2008, PHMSA issued a final rule, under Docket No.
PHMSA-2005-23447, that amended the Pipeline Safety Regulations (49 CFR
Parts 186-199) to prescribe safety requirements for the operation of
certain gas transmission pipelines at pressures based on higher
operating stress levels. The rule allowed for an increase of maximum
allowable operating pressure (MAOP) over that previously allowed in the
regulations for pipelines that could meet certain criteria. On December
1, 2008, PHMSA stayed the effective date of this final rule until
December 22, 2008 (73 FR 72737).
We are now correcting several editorial errors that we discovered
after this final rule was published. Specifically:
2. In Sec. 192.112, we are correcting paragraph (c)(2)(i) by
replacing the phrase ``[the effective date of the final rule]'' with
``December 22, 2008.''
3. In Sec. 192.112, we are correcting paragraph (e)(2) by
replacing the phrase ``November 17, 2008'' with ``December 22, 2008.''
4. In Sec. 192.620, we are correcting the following paragraphs:
(a) In paragraph (a)(1)(i), we are replacing the phrase ``November
17, 2008'' with ``December 22, 2008'';
(b) In footnote 1 of paragraph (a)(2)(ii), we are replacing the
phrase ``November 17, 2008'' with ``December 22, 2008''
(c) In paragraph (b)(3), we are adding a reference to Sec.
192.620(d)(3) to clarify the intent with respect to remotely operable
valves;
(d) In paragraph (b)(7) we are replacing the phrase ``November 17,
2008'' with ``December 22, 2008'';
(e) In paragraph (c)(4)(ii) we are replacing the phrase ``November
17, 2008'' with ``December 22, 2008'';
(f) In paragraph (c)(6), we are clarifying that the construction
requirements only apply to construction that occurred after the
effective date of this rule, December 22, 2008;
(g) In paragraph (d)(3)(i), we are correcting the reference from
``(d)(1)(i)'' to ``(d)(2)(i)'';
(h) In paragraph (d)(5)(iv), we are clarifying the language to note
that sampling of accumulated liquids is required whenever cleaning pigs
are used and corrosion inhibitors are required if corrosive gas or
liquids are present;
(i) In paragraph (d)(7)(iii), we are correcting the reference to
``paragraph (8)'' to ``(d)(9)'' and the reference from ``(6)(i)'' to
``(d)(7)(i)'';
(j) In paragraph (d)(7)(iv)(C), we are correcting the reference
from ``(d)(8)'' and ``(d)(9)'' to ``(d)(9)'' and ``(d)(10)'';
(k) In paragraph (d)(8)(ii), we are clarifying that a close
interval survey must be used to confirm restoration of cathodic
protection unless the problem is a rectifier connection or power input
remediation that can be verified by other means.
(l) In the introductory text of (d)(9)(i), we are correcting the
reference from ``(d)(8)(iii)'' to ``(d)(9)(iii)'';
(m) In paragraph (d)(9)(ii), we are correcting the reference from
``(d)(8)(iii)'' to ``(d)(9)(iii)'';
(n) In paragraph (d)(10)(ii), we are correcting the reference from
``(d)(9)(i)'' to ``(d)(10)(i)'';
(o) In paragraph (d)(10)(iii), we are correcting the reference from
``(d)(8)(iii)'' to ``(d)(9)(iii)'';
(p) In paragraph (d)(11)(ii)(A), we are correcting the reference
from ``(d)(8)'' to ``(d)(9)'';
(q) In the introductory text of (d)(11)(iii), we are correcting the
reference from ``(d)(10)(ii)'' to ``(d)(11)(ii)''; and
(r) In paragraph (d)(11)(iv), we are correcting the reference from
``(d)(10)(ii) or (iii)'' to ``(d)(11)(ii) or (iii).''
C. On December 24, 2008, PHMSA issued a final rule under Docket No.
PHMSA-2005-21305, that amended the pipeline safety regulations to allow
operators to design pipelines made from new Polyamide-11 (PA-11)
thermoplastic pipe using a higher design factor and to raise the design
pressure limit for such pipelines. PHMSA believes that the current
wording in 49 CFR 192.121 could be incorrectly interpreted to mean that
the 0.40 design factor is not limited only to PA-11 pipe. Therefore,
PHMSA has concluded that the formula should be clarified so that the
0.40 design factor only applies to PA-11. Therefore, we are making the
following clarification:
``= 0.40 for PA-11 pipe produced after January 23, 2009 with a
nominal pipe size (IPS or CTS) 4-inch or less, SDR-11 or greater (i.e.
thicker pipe wall).''
D. In section 195.12, we are redesignating paragraph (d), entitled
Record Retention, as paragraph (e).
E. The laws governing pipeline safety regulation provide the
authority for PHMSA to issue grants to states to carry out pipeline
safety programs under certification or agreement. The Pipeline
Inspection, Protection, Enforcement, and Safety Act of 2006 (Pub. L.
109-468) modified 49 U.S.C. 60107 to increase the maximum allowed
amount
[[Page 62504]]
for such grants from 50 percent to 80 percent of the costs incurred by
states for their safety programs. Accordingly, PHMSA is modifying 49
CFR 198.11, which implements this statutory mandate, to reflect the
increase in the allowed maximum amount for grants.
III. Regulatory Analyses and Notices
A. Statutory Authority for Rulemaking
This final rule is published under the authority of 49 U.S.C. 60101
et seq. Specifically, 49 U.S.C. 60102(a) authorizes the Secretary of
Transportation to prescribe regulations related to pipeline safety.
B. Executive Order 12866 (Amended by E.O. 13258 and E.O. 13422) and DOT
Regulatory Policies and Procedures
This final rule is not a significant action under section 3(f) of
Executive Order 12866 and therefore was not reviewed by the Office of
Management and Budget. This final rule is also not a significant action
under the Regulatory Policies and Procedures of the Department of
Transportation (44 FR 11034).
C. Executive Order 13132, Federalism (64 FR 43255, Aug. 10, 1999)
PHMSA has analyzed the rulemaking according to the principles and
criteria of Executive Order 13132. The final rule makes editorial
corrections and therefore will not have a substantial direct effect on
the States, the relationship between the national government and the
States, or the distribution of power and responsibilities among the
various levels of government. The rule does not impose substantial
direct compliance costs on State or local governments and therefore,
the consultation and funding requirements of Executive Order 13132 do
not apply.
D. Executive Order 13175
This final rule has been analyzed in accordance with the principles
and criteria contained in Executive order 13175 (``Consultation and
Coordination with Indian Tribal Governments''). Because this final rule
will not have tribal implications, does not impose substantial direct
compliance costs on Indian tribal governments, and does not preempt
tribal law, the funding and consultation requirements of Executive
Order 13175 do not apply. A tribal summary impact statement is not
required.
E. Regulatory Flexibility Act, Executive Order 13272, and DOT
Procedures and Policies
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires an agency to review regulations to assess their impact on
small entities unless the agency determines that a rule is not expected
to have a significant impact on a substantial number of small entities.
This final rule will not impose increased compliance costs on the
regulated industry. The revisions and corrections we are making to the
October 17, 2008, and December 24, 2008, final rules (Docket Nos.
PHMSA-2005-23447 and PHMSA-2005-21305) are clerical and do not impose
an additional impact on any small business. The changes we are making
to Part 198 affect grant amounts awarded to states. Thus, DOT has
determined that this final rule will not have a significant impact on a
substantial number of small entities. Therefore, I certify under
section 605 of the Regulatory Flexibility Act that this rule will not
have a significant economic impact on a substantial number of small
entities.
This final rule has been developed in accordance with Executive
Order 13272 (``Proper Consideration of Small Entities in Agency
Rulemaking'') and DOT's procedures and policies to ensure that the
potential impacts of rulemakings on small entities are properly
considered.
F. Unfunded Mandates Reform Act of 1995
This rule does not impose unfunded mandates under the Unfunded
Mandates Reform Act of 1995 (2 U.S.C. Ch. 25). It does not result in
costs of $132 million or more in any one year to either State, local,
or tribal governments, in the aggregate, or to the private sector, and
is the least burdensome alternative that achieves the objective of the
rulemaking.
G. Paperwork Reduction Act
This final rule imposes no new information collection and
recordkeeping requirements and therefore the Paperwork Reduction Act
(44 U.S.C. 3501 et seq.) does not apply.
H. Executive Order 13211
This rulemaking is not a ``significant energy action'' under
Executive Order 13211 since it is not a ``significant regulatory
action'' under Executive Order 12866, and it is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy.
I. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
J. Privacy Act
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://www.regulations.gov.
K. The National Environmental Policy Act
The National Environmental Policy Act (42 U.S.C. Ch. 55) requires
that Federal agencies analyze proposed actions to determine whether the
action will have a significant impact on the human environment. PHMSA
has analyzed the effects of this final rule. Since this rule makes
editorial corrections and does not impose substantive changes, PHMSA
has determined that there are no environmental impacts associated with
this final rule.
List of Subjects
49 CFR Part 190
Administrative practices and procedures, Definitions, Penalties.
49 CFR Part 192
Design pressure, Incorporation by reference, Maximum allowable
operating pressure, and Pipeline safety.
49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Incorporation by reference,
Petroleum, Pipeline safety, Reporting and recordkeeping requirements.
49 CFR Part 198
Grant programs, Formula, Pipeline safety.
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In consideration of the foregoing, PHMSA amends 49 CFR parts 190, 192,
195 and 198 as follows:
[[Page 62505]]
PART 190--PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES
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1. The authority citation for part 190 continues to read as follows:
Authority: 33 U.S.C. 1321; 49 U.S.C. 5101-5127, 60101 et seq.;
49 CFR 1.53.
0
2. In Sec. 190.3, the definition of ``Regional Director'' is revised
to read as follows:
Sec. 190.3 Definitions.
* * * * *
Regional Director means the head of any one of the Regional Offices
of the Office of Pipeline Safety, or a designee appointed by the
Regional Director. Regional Offices are located in Trenton, NJ (Eastern
Region); Atlanta, Georgia (Southern Region); Kansas City, Missouri
(Central Region); Houston, Texas (Southwest Region); and Lakewood,
Colorado (Western Region).
* * * * *
PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
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3. The authority citation for part 192 is revised to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110,
60113, 60116, 60118; and 60137; and 49 CFR 1.53.
0
4. In Sec. 192.112, paragraphs (c)(2)(i) and (e)(2) are revised to
read as follows:
Sec. 192.112 Additional design requirements for steel pipe using
alternative maximum allowable operating pressure.
(c) * * *
(2) * * *
(i) An ultrasonic test of the ends and at least 35 percent of the
surface of the plate/coil or pipe to identify imperfections that impair
serviceability such as laminations, cracks, and inclusions. At least 95
percent of the lengths of pipe manufactured must be tested. For all
pipelines designed after December 22, 2008, the test must be done in
accordance with ASTM A578/A578M Level B, or API 5L Paragraph 7.8.10
(incorporated by reference, see Sec. 192.7) or equivalent method, and
either
* * * * *
(e) * * *
(2) Pipe in operation prior to December 22, 2008, must have been
hydrostatically tested at the mill at a test pressure corresponding to
a hoop stress of 90 percent SMYS for 10 seconds.
* * * * *
0
5. Section 192.121 is revised to read as follows:
Sec. 192.121 Design of plastic pipe.
Subject to the limitations of Sec. 192.123, the design pressure
for plastic pipe is determined by either of the following formulas:
[GRAPHIC] [TIFF OMITTED] TR30NO09.008
Where:
P = Design pressure, gauge, psig (kPa).
S = For thermoplastic pipe, the HDB is determined in accordance with
the listed specification at a temperature equal to 73[deg] F
(23[deg] C), 100[deg] F (38[deg] C), 120[deg] F (49[deg] C), or
140[deg] F (60[deg] C). In the absence of an HDB established at the
specified temperature, the HDB of a higher temperature may be used
in determining a design pressure rating at the specified temperature
by arithmetic interpolation using the procedure in Part D.2 of PPI
TR-3/2004, HDB/PDB/SDB/MRS Policies (incorporated by reference, see
Sec. 192.7). For reinforced thermosetting plastic pipe, 11,000 psig
(75,842 kPa). [Note: Arithmetic interpolation is not allowed for PA-
11 pipe.]
t = Specified wall thickness, inches (mm).
D = Specified outside diameter, inches (mm).
SDR = Standard dimension ratio, the ratio of the average specified
outside diameter to the minimum specified wall thickness,
corresponding to a value from a common numbering system that was
derived from the American National Standards Institute preferred
number series 10.
D F = 0.32 or
= 0.40 for PA-11 pipe produced after January 23, 2009 with a nominal
pipe size (IPS or CTS) 4-inch or less, and a SDR of 11 or greater
(i.e. thicker pipe wall).
0
6. In Sec. 192.620, paragraphs (a)(1)(i), (a)(2)(ii), (b)(3), (b)(7),
(c)(4)(ii), (c)(6), (d)(3)(i), (d)(5)(iv), (d)(7)(iii), (d)(7)(iv)(C),
(d)(8)(ii), the introductory text of (d)(9)(i), (d)(9)(ii),
(d)(10)(ii), (d)(10)(iii), (d)(11)(ii)(A), the introductory text of
(d)(11)(iii), and (d)(11)(iv), are revised to read as follows:
Sec. 192.620 Alternative maximum allowable operating pressure for
certain steel pipelines.
(a) * * *
(1) * * *
(i) For facilities installed prior to December 22, 2008, for which
Sec. 192.111(b), (c), or (d) applies, use the following design factors
as alternatives for the factors specified in those paragraphs: Sec.
192.111(b)-0.67 or less; 192.111(c) and (d)-0.56 or less.
* * * * *
(2) * * *
(ii) The pressure obtained by dividing the pressure to which the
pipeline segment was tested after construction by a factor determined
in the following table:
------------------------------------------------------------------------
Alternative
Class location test factor
------------------------------------------------------------------------
1....................................................... 1.25
2....................................................... \1\ 1.50
3....................................................... 1.50
------------------------------------------------------------------------
\1\ For Class 2 alternative maximum allowable operating pressure
segments installed prior to December 22, 2008 the alternative test
factor is 1.25.
(b) * * *
(3) A supervisory control and data acquisition system provides
remote monitoring and control of the pipeline segment. The control
provided must include monitoring of pressures and flows, monitoring
compressor start-ups and shut-downs, and remote closure of valves per
paragraph (d)(3) of this section;
* * * * *
(7) At least 95 percent of girth welds on a segment that was
constructed prior to December 22, 2008, must have been non-
destructively examined in accordance with Sec. 192.243(b) and (c).
* * * * *
(c) * * *
(4) * * *
(ii) For a pipeline segment in existence prior to December 22,
2008, certify, under paragraph (c)(2) of this section, that the
strength test performed under Sec. 192.505 was conducted at test
pressure calculated under paragraph (a) of this section, or conduct a
new strength test in accordance with paragraph (c)(4)(i) of this
section.
* * * * *
(6) If the performance of a construction task associated with
implementing alternative MAOP that occurs after December 22, 2008, can
affect the integrity of the pipeline segment, treat that task as a
``covered task'', notwithstanding the definition in Sec. 192.801(b)
and implement the requirements of subpart N as appropriate.
* * * * *
(d) * * *
(3) * * *
(i) Ensure that the identification of high consequence areas
reflects the larger potential impact circle recalculated under
paragraph (d)(2)(i) of this section.
* * * * *
(5) * * *
* * * * *
(iv) Use cleaning pigs and sample accumulated liquids. Use
inhibitors
[[Page 62506]]
when corrosive gas or liquids are present.
* * * * *
(7)
(iii) Within six months after completing the baseline internal
inspection required under paragraph (d)(9) of this section, integrate
the results of the indirect assessment required under paragraph
(d)(7)(i) of this section with the results of the baseline internal
inspection and take any needed remedial actions.
(iv) * * *
* * * * *
(C) Integrate the results with those of the baseline and periodic
assessments for integrity done under paragraphs (d)(9) and (d)(10) of
this section.
(8) * * *
* * * * *
(ii) After remedial action to address a failed reading, confirm
restoration of adequate corrosion control by a close interval survey on
either side of the affected test station to the next test station
unless the reason for the failed reading is determined to be a
rectifier connection or power input problem that can be remediated and
otherwise verified.
* * * * *
(9) * * *
(i) Except as provided in paragraph (d)(9)(iii) of this section,
for a new pipeline segment operating at the new alternative maximum
allowable operating pressure, perform a baseline internal inspection of
the entire pipeline segment as follows:
* * * * *
(ii) Except as provided in paragraph (d)(9)(iii) of this section,
for an existing pipeline segment, perform a baseline internal
assessment using a geometry tool and a high resolution magnetic flux
tool before, but within two years prior to, raising pressure to the
alternative maximum allowable operating pressure as allowed under this
section.
* * * * *
(10) * * *
* * * * *
(ii) Conduct periodic internal inspections using a high resolution
magnetic flux tool on the frequency determined under paragraph
(d)(10)(i) of this section, or
(iii) Use direct assessment (per Sec. 192.925, Sec. 192.927 and/
or Sec. 192.929) or pressure testing (per subpart J of this part) for
periodic assessment of a portion of a segment to the extent permitted
for a baseline assessment under paragraph (d)(9)(iii) of this section.
(11) * * *
* * * * *
(ii) * * *
(A) The defect is a dent discovered during the baseline assessment
for integrity under paragraph (d)(9) of this section and the defect
meets the criteria for immediate repair in Sec. 192.309(b).
* * * * *
(iii) If paragraph (d)(11)(ii) of this section does not require
immediate repair, repair a defect within one year if any of the
following apply:
* * * * *
(iv) Evaluate any defect not required to be repaired under
paragraph (d)(11)(ii) or (iii) of this section to determine its growth
rate, set the maximum interval for repair or re-inspection, and repair
or re-inspect within that interval.
PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
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7. The authority citation for part 195 is amended to read as follows:
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60116,
60118, and 60137; and 49 CFR 1.53.
Sec. 195.12 [Amended]
0
8. In section 195.12, the second paragraph designated as paragraph (d),
``Record Retention'' is redesignated as paragraph (e).
PART 198--REGULATIONS FOR GRANTS TO AID STATE PIPELINE SAFETY
PROGRAMS
0
9. The authority citation for Part 198 continues to read as follows:
Authority: 49 U.S.C. 60105, 60106, 60107, 60114, and 49 CFR
1.53.
0
10. Section 198.11 is revised to read as follows:
Sec. 198.11 Grant Authority.
The pipeline safety laws (49 U.S.C. 60101 et seq.) authorize the
Administrator to pay out funds appropriated or otherwise make available
up to 80 percent of the cost of the personnel, equipment, and
activities reasonably required for each state agency to carry out a
safety program for intrastate pipeline facilities under a certification
or agreement with the Administrator or to act as an agent of the
Administrator with respect to interstate pipeline facilities.
Issued in Washington, DC on November 20, 2009 under authority
delegated in 49 CFR part 1.
Cynthia L. Quarterman,
Administrator.
[FR Doc. E9-28477 Filed 11-27-09; 8:45 am]
BILLING CODE 4910-60-P