{"operation":"document","citation":"78 FR 49996","title":"Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments","source_type":"rulemaking","agency":"Pipeline and Hazardous Materials Safety Administration","status":"proposed","official":true,"published_on":"2013-08-16","effective_on":null,"summary":"PHMSA is proposing to amend the pipeline safety regulations to incorporate by reference (IBR) all or parts of new, updated, or reaffirmed editions of voluntary consensus standards that are available on the Internet, free-of-charge, to the public. PHMSA is also proposing to make non-substantive edits and to clarify regulatory language in certain provisions. These proposed changes are relatively minor, and would not require pipeline operators to undertake any significant new pipeline safety initiatives.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2013-19348.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2013-19348.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2013-19348","source_url":"https://www.federalregister.gov/documents/2013/08/16/2013-19348/pipeline-safety-periodic-updates-of-regulatory-references-to-technical-standards-and-miscellaneous","body":"Federal Register, Volume 78 Issue 159 (Friday, August 16, 2013) [Federal Register Volume 78, Number 159 (Friday, August 16, 2013)] [Proposed Rules] [Pages 49996-50014] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2013-19348] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 192, 193, 195, and 199 [Docket No. PHMSA-2011-0337] RIN 2137-AE85 Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). ----------------------------------------------------------------------- SUMMARY: PHMSA is proposing to amend the pipeline safety regulations to incorporate by reference (IBR) all or parts of new, updated, or reaffirmed editions of voluntary consensus standards that are available on the Internet, free-of-charge, to the public. PHMSA is also proposing to make non-substantive edits and to clarify regulatory language in certain provisions. These proposed changes are relatively minor, and would not require pipeline operators to undertake any significant new pipeline safety initiatives. DATES: Submit comments on the subject of this NPRM on or before October 15, 2013. ADDRESSES: You may submit comments, identified by docket ID PHMSA-2011- 0337, by any of the following methods: E-Gov Web: http://www.regulations.gov . This site allows the public to enter comments on any Federal Register notice issued by any agency. Follow the online instructions for submitting comments. Mail: Docket Management System: U.S. Department of Transportation (DOT), 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery or Courier: DOT Docket Management System: West Building Ground Floor, Room W12-140, [[Page 49997]] 1200 New Jersey Avenue SE., between 9:00 a.m. and 5:00 p.m. EST, Monday through Friday, except Federal holidays. Fax: 202-493-2251. Instructions: Identify the docket ID, PHMSA-2011-0337, at the beginning of your comments. If you submit your comments by mail, submit two copies. If you wish to receive confirmation that PHMSA received your comments, include a self-addressed stamped postcard. Internet users may submit comments at http://www.regulations.gov . Note: All comments received will be posted without edits to http://www.regulations.gov , including any personal information provided. Please see the Privacy Act heading below. Privacy Act: Anyone is able to search the electronic 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, (65 FR 19477-78) or you may visit http://docketsinfo.dot.gov . Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov . Follow the online instructions for accessing the dockets. Alternatively, you may review the documents in person at the street address listed above. FOR FURTHER INFORMATION CONTACT: Technical Information: Mike Israni, (202) 366-4571, or by email at [email protected] . Regulatory Information: Cheryl Whetsel by phone at (202) 366-4431 or by email at [email protected] . SUPPLEMENTARY INFORMATION: I. Background The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113; March 7, 1996) directs Federal agencies to use voluntary consensus standards and design specifications developed by voluntary consensus standard bodies instead of government-developed voluntary technical standards, when applicable. The Office of Management and Budget (OMB) Circular A-119: ``Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities'' sets the policy for Federal use and development of voluntary consensus standards. As defined in OMB Circular A-119, voluntary consensus standards are technical standards developed or adopted by organizations, both domestic and international. These organizations use agreed upon procedures to update and revise their published standards every three to five years to reflect modern technology and best technical practices. The legal effect of incorporation by reference is that the material is treated as if it were published in the Federal Register and Code of Federal Regulations (CFR). This material, like any other properly issued rule, has the force and effect of law. Congress authorized incorporated by reference to reduce the volume of material published in the Federal Register and CFR. (See 5 U.S.C. 552(a) and 1 CFR Part 51.). Congress granted authority to the Director of the Federal Register to determine whether a proposed incorporation by reference serves the public interest. There are 64 standards and specifications incorporated by reference in 49 CFR part 192, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards; 49 CFR part 193, Liquefied Natural Gas Facilities: Federal Safety Standards; and 49 CFR part 195, Transportation of Hazardous Liquids by Pipeline. PHMSA regularly reviews updates to currently referenced consensus standards as well as new editions to ensure that the content remains consistent with the intent of the pipeline safety regulations. PHMSA employees participate in more than 25 national voluntary consensus standards-setting organizations that address pipeline design, construction, maintenance, inspection, and repair. As representatives of the agency, these subject matter experts actively participate in discussions and technical debates, register opinions and vote in accordance with the procedures of the standards body at each stage of the standards development process (unless prohibited from doing so by law). However, it is important to note that agency participation does not necessarily constitute agency agreement with, or endorsement of, decisions reached by such organizations. PHMSA has the ultimate responsibility to ensure public safety and will only adopt those portions of standards into the Federal regulations that meet the agency's directive(s) to ensure the best interests of public safety are served. Agency participation in the development of voluntary consensus standards is important to eliminate the necessity for development or maintenance of separate government-unique standards; to further national goals and objectives such as increased use of environmentally sound and energy efficient materials, products, systems, services, or practices; and to improve public safety. New or updated standards often further innovation and increase the use of new technologies, materials, and management practices that improve the safety and operations of pipelines and pipeline facilities. Section 24 of the ``Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011'' (Pub. L. 112-90, January 3, 2012), amended 49 U.S.C. 60102 by adding a new requirement on documents incorporated by reference after January 3, 2013. The law states, ``Beginning 1 year after the date of enactment of this subsection, the Secretary may not issue guidance or a regulation pursuant to this chapter that incorporates by reference any documents or portions thereof unless the documents or portions thereof are made available to the public, free of charge, on an Internet Web site.'' To meet this requirement, PHMSA negotiated agreements with the majority of the standards-setting organizations with documents incorporated by reference in the pipeline safety regulations. These organizations are: --American Petroleum Institute (API). --American Gas Association (AGA). --American Society for Testing and Materials (ASTM). --Gas Technology Institute (GTI). --Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS). --NACE International (NACE). --National Fire Protection Association (NFPA). Each of the organizations' mailing addresses and Web sites are listed in Parts 192, 193, and 195. In this NPRM, PHMSA has identified two new standards (one to be partially incorporated) and 21 updated editions of currently referenced standards to incorporate in Parts 192, 193, and 195. PHMSA also is proposing miscellaneous edits to the pipeline safety regulations, including removing Sec. 199.111 because the requirements in that section are adequately covered by 49 CFR part 40. Previous updates to incorporate industry standards by reference were published on August 11, 2010, (75 FR 48593), February 1, 2007, (72 FR 4657), June 9, 2006, (71 FR 33402), June 14, 2004, (69 FR 32886), February 17, 1998, (63 FR 7721), June 6, 1996, (61 FR 2877) and May 24, 1996, (61 FR 26121). II. New Standards To Be Incorporated by Reference (Fully or Partially) API Recommended Practice 5LT PHMSA is proposing to adopt API Recommended Practice 5LT, ``Recommended Practice for Truck [[Page 49998]] Transportation of Line Pipe,'' (First edition, March 1, 2012) to address the National Transportation Safety Board's (NTSB) Recommendation P-04-03. During its investigation of a July 2002 pipeline incident, the NTSB determined that the probable cause of the pipeline rupture was inadequate loading of the pipe for transportation that allowed a fatigue crack to initiate along the seam of the longitudinal weld during transit. NTSB recommended that PHMSA revise its regulations to require that the transportation of all pipe be subject to API standards. In a final rule published on August 11, 2010, titled, ``Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Edits,'' (Docket No. PHMSA-2008-0301, (75 FR 48593)), PHMSA incorporated by reference the, ``Recommended Practice for Railroad Transportation of Line Pipe,'' API RP 5L1, as rail transportation has generally been considered to be the most likely source of transit fatigue cracking. At the same time, PHMSA and the API formed a working group to evaluate the need for a truck transportation standard to prevent damage to pipe as recommended by NTSB. A standard was drafted and published in March 2012. Thus, PHMSA is proposing to incorporate by reference this new standard as follows: --API ``Recommended Practice for Truck Transportation of Line Pipe'' (First edition) (March 1, 2012). (API RP 5LT). --Referenced in Sec. 192.65 and Sec. 195.207. ASTM D 2513-09a PHMSA is proposing to incorporate by reference ASTM D2513-09a, ``Standard Specification for Polyethylene (PE) Gas Pressure Pipe, Tubing, and Fittings,'' for PE materials, except for section 4.2 which addresses rework material. Section 4.2 states: ``Clean rework material of the same commercial designation, generated from the manufacturer's own pipe and fitting production shall not be used unless the pipe and fitting produced meets all the requirements of this specification. The use of these rework materials shall be governed by the requirements of section 4.3 and PPI Technical Note (TN)-30/2006.'' In PE pipe, ``rework materials shall be limited to a maximum of 30% by weight.'' The main steps of PE pipe manufacturing include an extrusion process where raw material (usually supplied in the form of pellets) is heated, melted, mixed and conveyed into a die and shaped into a pipe. Rework (also known as regrind) is a process by which plastic pipe that does not fall within acceptable specifications following the extrusion process can be reused if it meets certain requirements. Such requirements include reducing the size of the material through appropriate stages (i.e., regrinding the material) and avoiding introducing contamination. The end goal is for the material to have an equivalent cleanliness and size to the virgin material prior to going back through the extrusion process. Additional requirements are discussed in PPI TN-30/2006, ``Requirements for the Use of Rework Materials in Manufacturing of Polyethylene Gas Pipe'' available publicly at http://www.plasticpipe.org/pdf/tn-30_rework_materials_in_pe_gas_pipe.pdf . Even after taking into account the requirements in PPI TN-30/2006, PHMSA is concerned that there is too much potential for contamination to be introduced during the rework process. In the interest of pipeline safety and to ensure the integrity of this type of pipe, it seems prudent not to allow any reworked pipe, let alone up to a maximum of 30% by weight as specified in ASTM D2513-09a. PHMSA sees no reason for allowing the use of reworked material and cannot be certain its use would provide an equivalent or better level of safety. For additional technical basis, PHMSA is inviting comments on prohibiting rework materials, as well as potential alternatives for limiting the use of rework materials. For example, one alternative might be to establish limits on the use of rework materials by pipe diameter (e.g., no rework material is allowed for pipe two inches Iron Pipe Size (IPS) and below in diameter and the requirements in ASTM D2513-09a, section 4.2 would be acceptable for pipe larger than two inches IPS in diameter). Another alternative might be to allow rework material as required by ASTM D2513-09a, section 4.2, in which case ASTM D2513-09a could possibly be incorporated in whole. PHMSA is not aware of a specific root cause or technical analyses that would indicate rework (including up to 30%) as a contributing factor in incidents. At the same time, PHMSA is not aware of specific information that discounts rework as a risk. PHMSA is, however, aware that some operators do not allow any rework material. PHMSA is also aware that there is a work item through the ASTM F17.60 committee considering an amendment to ASTM D-2513 that would prohibit rework completely. With respect to a limitation by diameter, once again, PHMSA does not have firm evidence that two inches is a specific and critical threshold for rework. Smaller diameter pipe (two-inch IPS and less), however, has proven to be more susceptible to past material issues due to typically having a thinner wall. Also, this smaller diameter pipe is often in closer proximity to the customer as it is used as service line piping leading up to end users of natural gas, increasing the potential impact if an incident were to occur. It should be noted that ASTM D2513-09a is exclusively a PE standard, while the 1999 version addresses other non-metallic piping materials. PHMSA proposes for other non-PE plastic materials to continue to reference the ASTM D2513-87 (for Sec. 192.63 only, marking of materials) and ASTM D2513-99 (except section 4.2 pertaining to rework material) for Sec. Sec. 192.59 (d); 192.191(b); 192.281(b)(2); 192.283(a)(1)(i); and Item 1, Appendix B to Part 192). PHMSA believes the incorporation of ASTM D 2513-09a, along with retention of ASTM D2513-87 and 99 is consistent with the petitions for rulemaking received from the the Gas Piping Technology Committee (GPTC) and the American Gas Association. GPTC petitioned PHMSA to adopt ASTM D2513-09a because of significant changes made to ASTM D2513 in the past 10 years. These changes include a new requirement for outdoor storage of PE pipe--three years for yellow pipe and 10 years for black pipe; new high performance PE pipe material designation codes, with increased long-term performance requirements; and more stringent requirements for use of rework material in PE gas pipe. AGA's September 9, 2009 petition requested that PHMSA incorporate by reference the part of ASTM D2513 (2009) addressing color and UV stablizer (Section A1.3.5). PHMSA agrees that the new standard will improve safety, long-term performance, and quality of PE gas distribution pipe. Therefore, PHMSA is proposing to IBR ASTM D 2513-09a as referenced below and will continue to reference the 1987 and 1999 editions discussed above. --ASTM D2513-09a, ``Standard Specification for Polyethylene (PE) Gas Pressure Pipe, Tubing, and Fittings,'' (December 1, 2009), (except section 4.2 pertaining to rework material) (ASTM D2513). --Referenced in Sec. Sec. 192.59 (d); 192.63 (a); 192.123 (e); 192.191 (b); 192.281 (b); 192.283 (a); Item 1, Appendix B to Part 192. [[Page 49999]] III. Standards With Updated Editions Not To Be Incorporated by Reference PHMSA is not proposing to incorporate the updated editions of the following documents at this time: American Petroleum Institute PHMSA is not proposing to incorporate by reference the second edition of the API Recommended Practice (RP) 1162. PHMSA and the state pipeline authorities conducted public awareness effectiveness inspections to assess compliance with Federal regulations that incorporate the first edition of API RP 1162. These were completed in December 2012. Additionally, PHMSA held a public awareness workshop in June 2013 to discuss ways to improve public awareness programs and whether or not to incorporate the second edition of this standard. PHMSA is analyzing the results of the inspections and workshop and will make a determination whether or not to incorporate the second edition at a later date. Therefore, at this time, PHMSA will continue to incorporate the first edition of API RP 1162. The reference for API RP 1162 will remain as follows: --API Recommended Practice 1162, ``Public Awareness Programs for Pipeline Operators,'' (1st edition, December 2003) (API RP 1162). --Referenced in Sec. 192.616 (a), (b), (c). API Standard 653 PHMSA is not proposing to incorporate by reference API Standard 653, (4th edition) and Addendum (2010) at this time. PHMSA will continue to review this document for consideration in a future update. Rather, PHMSA is proposing to continue to incorporate the third edition of API Standard 653, ``Tank Inspection, Repair, Alteration, and Reconstruction'' (3rd edition, 2001), except section 6.4.3. PHMSA is proposing to eliminate the incorporation of section 6.4.3 as it applies to risk-based inspection (RBI) intervals (49 CFR 195.432). PHMSA believes API needs to eliminate the criteria stated in the risk-based option for the inspection interval of a breakout tank listed in API Standard 653. An alternate inspection interval based on a risk-based algorithm generally uses a standardized set of factors. These factors are weighted to calculate the risk of failure with a longer inspection interval. Section 6.4.3 of API Standard 653 (3rd edition) provides no standardized methodology for calculating or determining an alternate inspection interval nor does it provide for a minimum bottom plate thickness in the tank. This thickness is determined as part of the RBI analysis and could conceivably be set at a thickness where leakage may be eminent. Without proper guidance for using an alternate RBI, PHMSA believes that this would not be consistent with safety. Therefore, PHMSA will no longer incorporate section 6.4.3 of API Standard 653 (3rd edition, 2001). The reference to API Standard 653 in the pipeline safety regulations will be changed as follows: --API Standard 653-2001, ``Tank Inspection, Repair, Alteration, and Reconstruction'' (3rd edition, 2001), (except section 6.4.3) (API Std 653). --Referenced in Sec. Sec. 195.205 (b); 195.307 (d) and 195.432 (b). IV. New Editions to Currently Referenced Standards To Be Incorporated by Reference PHMSA proposes to IBR the following updated editions of currently- referenced standards in Parts 192, 193 and 195. American Petroleum Institute --API Recommended Practice 5L1, ``Recommended Practice for Railroad Transportation of Line Pipe,'' (7th Edition, September 2009). Replaces IBR: API Recommended Practice 5L1, ``Recommended Practice for Railroad Transportation of Line Pipe,'' (6th Edition, 2002); Referenced in 49 CFR 192.65; 195.207. --API Recommended Practice 5LW, ``Transportation of Line Pipe on Barges and Marine Vessels,'' (3rd edition, September 2009). Replaces IBR: API Recommended Practice 5LW, ``Transportation of Line Pipe on Barges and Marine Vessels,'' (2nd edition, December 1996, effective March 1, 1997); Referenced in 49 CFR 192.65; 195.207. --ANSI/API Specification 5L/ISO 3183, ``Specification for Line Pipe,'' ANSI/API Specification 5L/ISO 3183 ``Specification for Line Pipe'' (45th edition, December 1, 2012). Replaces IBR: ANSI/API Specification 5L/ISO 3183, ``Specification for Line Pipe,'' (44th edition, 2007), includes errata (January 2009) and addendum (February 2009); Referenced in 192.55; 192.112; 192.113; and Item 1, Appendix B to Part 192; 195.106. --ANSI/API Specification 6D, ``Specification for Pipeline Valves,'' (23rd edition, April 1, 2008, effective October 1, 2008), includes Errata 1, 2, 3, 4, 5, and 6 (2011) and Addenda 1 and 2 (2011). Replaces IBR: ANSI/API Specification 6D, ``Specification for Pipeline Valves,'' (23rd edition (April 2008, effective October 1, 2008)) and errata 3 (includes 1 and 2, February 2009); Referenced in 49 CFR 192.145; 195.116. --API Specification 12F, ``Specification for Shop Welded Tanks for Storage of Production Liquids,'' (12th edition, October 2008, including errata 2008). Replaces IBR: API Specification 12F, ``Specification for Shop Welded Tanks for Storage of Production Liquids,'' (11th edition, November 1, 1994, reaffirmed 2000, errata, February 2007); Referenced in 49 CFR 195.132; 195.205; 195.264; 195.307; 195.565; 195.579. --API Standard 620, ``Design and Construction of Large, Welded, Low- Pressure Storage Tanks'' (11th edition, February 2008, addendum 1, March 2009), and addendum 2 (2010). Replaces IBR: API Standard 620, ``Design and Construction of Large, Welded, Low-Pressure Storage Tanks,'' (11th edition, February 2008, addendum 1 March 2009); Referenced in 49 CFR 193.2101; 193.2321; 195.132; 195.205; 195.264; 195.307; 195.565; 195.620. --API Standard 650, ``Welded Steel Tanks for Oil Storage'' (11th edition, June 2007), includes addendum 1 (November 2008), addendum 2 (November 2009), addendum 3 (August 2011), and errata (February 2012). Replaces IBR: API Standard 650, ``Welded Steel Tanks for Oil Storage,'' (11th edition, June 2007), addendum 1, November 2008, and addendum 2 (2009); Referenced in 49 CFR 195.132; 195.205; 195.264; 195.307; 195.565; 195.579. --API Standard 2000, ``Venting Atmospheric and Low-Pressure Storage Tanks Non-Refrigerated and Refrigerated,'' (6th edition, November 2009). Replaces IBR: API Standard 2000, ``Venting Atmospheric and Low- Pressure Storage Tanks Non-Refrigerated and Refrigerated,'' (5th edition, April 1998, errata, November 1999); Referenced in 49 CFR 195.264. American Society for Testing and Materials (ASTM) --ASTM A53/A53M-10, ``Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless,'' (October 2, 2010). Replaces IBR: ASTM A53/A53M-07, ``Standard Specification for Pipe, Steel, [[Page 50000]] Black and Hot-Dipped, Zinc-Coated Welded and Seamless,'' (September 1, 2007); Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; and 195.106. --ASTM A106/A106M-10, ``Standard Specification for Seamless Carbon Steel Pipe for High-Temperature Service,'' (July 15, 2008). Replaces IBR: ASTM A106/A106M-08, ``Standard Specification for Seamless Carbon Steel Pipe for High-Temperature Service,'' (July 15, 2008); Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; and 195.106. --ASTM A333/A333M-11 (2011), ``Standard Specification for Seamless and Welded Steel Pipe for Low-Temperature Service,'' (April 1, 2011). Replaces IBR: ASTM A333/A 333M-05, ``Standard Specification for Seamless and Welded Steel Pipe for Low-Temperature Service;'' (March 1, 2005); Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; and 195.106. --ASTM A372/A372M-10, (reapproved 2005), ``Standard Specification for Carbon and Alloy Steel Forgings for Thin-Walled Pressure Vessels,'' (October 1, 2010). Replaces IBR: ASTM A372/A372M-03 (reapproved), ``Standard Specification for Carbon and Alloy Steel Forgings for Thin-Walled Pressure Vessels,'' (March 1, 2008); Referenced in 49 CFR 192.177. --ASTM A671/A671M-10, ``Standard Specification for Electric-Fusion- Welded Steel Pipe for Atmospheric and Lower Temperatures,'' (April 1, 2010). Replaces IBR: ASTM A671-06 (2006) ``Standard Specification for Electric-Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures,'' (May 1, 2006); Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; and 195.106. --ASTM A672-09, ``Standard Specification for Electric-Fusion-Welded Steel Pipe for High-Pressure Service at Moderate Temperatures,'' (October 1, 2009). Replaces IBR: ASTM A672-08, ``Standard Specification for Electric- Fusion-Welded Steel Pipe for High-Pressure Service at Moderate Temperatures,'' (May 1, 2008); Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; 195.106. --ASTM A691-09, ``Standard Specification for Carbon and Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure Service at High Temperatures,'' (October 1, 2009). Replaces IBR: ASTM A691-98 (reapproved 2007), ``Standard Specification for Carbon and Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure Service at High Temperatures,'' (November 1, 2007); Referenced in 49 CFR 192.113; Item 1, Appendix B to Part 192; and 195.106. Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS) --MSS SP-44-2010, Standard Practice, ``Steel Pipeline Flanges,'' (2010 edition). Replaces IBR: MSS SP-44-2006, Standard Practice, ``Steel Pipeline Flanges,'' (2006 edition); Referenced in 49 CFR 192.147. --MSS SP-75-2008, ``Specification for High Test Wrought Butt Welding Fittings,'' (2009 edition). Replaces IBR: MSS SP-75-2004, ``Specification for High Test Wrought Butt Welding Fittings,'' (2004 edition); Referenced in 49 CFR 195.118. NACE International (NACE) --NACE Standard SP0502-2010, Standard Practice, ``Pipeline External Corrosion Direct Assessment Methodology,'' (June 24, 2010). Replaces IBR: NACE SP0502-2008, Standard Practice, ``Pipeline External Corrosion Direct Assessment Methodology,'' (reaffirmed March 20, 2008); Referenced in 49 CFR 192.923; 192.925; 192.931; 192.935; 192.939; 195.588. National Fire Protection Association (NFPA) --NFPA-30 (Fire) (2012), ``Flammable and Combustible Liquids Code,'' includes Errata 1, Errata 2 (2012 edition, June 20, 2011). Replaces IBR: NFPA-30, ``Flammable and Combustible Liquids Code,'' (2008 edition, approved August 15, 2007); Referenced in 49 CFR 192.735; 195.264. --NFPA-70 (2011), ``National Electrical Code,'' includes Errata 1, Errata 2 (2011 edition, approved September 24, 2010). Replaces IBR: NFPA 70 (2008), ``National Electrical Code,'' (NEC 2008) (Approved August 15, 2007); Referenced in 49 CFR 192.163; 192.189. V. Public Availability of Standards All incorporated by reference documents are available for visual inspection at the following locations: --The U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety, 1200 New Jersey Avenue SE., Washington, DC, 20590-0001or any of PHMSA's five regional offices (addresses available at: http://www.phmsa.dot.gov/pipeline/about/org ); --The National Archives and Records Administration (NARA), Office of the Federal Register (NF), 8601 Adelphi Road, College Park, MD 20740- 6001. For information on the availability of this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal-register/code-of-federal-regulations/ibr-locations.html ; and --The respective standards developing organizations (SDO) listed in Parts 192, 193, and 195. All the standards addressed in this NPRM are also available for free on the internet. Direct links to those SDO Web sites are be listed on the PHMSA Web site at: http://www.phmsa.dot.gov . VI. Clarifications, Corrections and Edits In this NPRM, PHMSA is also proposing non-substantive editorial amendments and clarifications to the pipeline safety regulations. Section 192.283(a)(1)(i) In Sec. 192.283 (a)(1)(i), the language ``or paragraph 8.9 (Sustained Static Pressure Test)'' has been deleted as PHMSA believes the reference is an error. Paragraph 8.9 does not exist in ASTM D2513- 99 nor does it appear in several other versions of this referenced standard. Staff researched several editions of ASTM D2513, the pipeline safety regulations, and Federal Register notices to determine if the paragraph may have been associated with a different standard but found no reference to paragraph 8.9. Furthermore, PHMSA is proposing to delete ``-99'' after ``ASTM D2513'' as this section would pertain to both PE and non-PE plastic. The resulting language would read ``In the case of thermoplastic pipe, paragraph 6.6 (sustained pressure test) or paragraph 6.7 (minimum hydrostatic burst test) of ASTM D2513 (incorporated by reference, see Sec. 192.7).'' Section195.452 (l) Section 195.452(l) states that an operator must maintain certain records for review during an integrity management (IM) inspection. PHMSA is proposing to clarify this section by specifying that records for IM compliance must be maintained for the useful life of the pipe. Section 199.111 PHMSA is removing Sec. 199.111 because the requirements conflict with 49 CFR Part 40 and create compliance [[Page 50001]] confusion. There is currently a conflict between Sec. 199.111 and Part 40. In Part 40, it states that it is the medical review officer's (MRO) responsibility to select the laboratory to which the split sample should be sent. However, Sec. 199.111 allows the specimen donor (i.e., the covered employee), and not the MRO, to select the testing laboratory to which his/her split specimen should be sent for corroborating evaluation. Moreover, Part 40 requirements preclude testing the split specimen through the testing laboratory that evaluated the first specimen (i.e., Sample A). Conversely, Sec. 199.111 allows utilizing the testing laboratory that tested the first specimen. This is not only contrary to Part 40 requirements, but also creates a compliance controversy for both the MRO and the operator as to which regulation to comply with. PHMSA must enforce both Part 199 and Part 40 requirements and therefore PHMSA proposes to eliminate Sec. 199.111 in its entirety. Editorial Amendments PHMSA is proposing to change the ``Centralized IBR sections'' from the current table format to a listing. In addition, PHMSA is adding standard abbreviations for each of the titles incorporated by reference. The purpose of this change is to conform with guidance provided by the Federal Register for ``Centralized IBR'' sections, to apply a consistent use of terms throughout the regulations (e.g., to differentiate between a standard (Std), a specification (Spec), recommended practice (RP), or publication (Pub)), and to add the dates of certain editions where more than one is referenced. This will ensure that operators apply the correct versions of documents incorporated by reference and make electronic database searches, (e.g., in the Electronic Code of Regulations (e-cfr) http://www.ecfr.gov/cgi-bin/text-idx?tpl=%2Findex.tpl ) easier and more accurate. These proposed editorial changes include: --Adding abbreviated titles to the list of standards to be incorporated in Sec. Sec. 192.7, 193.2013, and 195.3. --Revising current titles to abbreviated titles. --Correcting the reference to the Gas Technology Institute (GTI) research document (formerly the Gas Research Institute (GRI)) document number from GRI-89/0242 to GTI-04/0049. --Correcting the reference from the first edition to the third edition of API Standard 653, ``Tank Inspection, Repair, Alteration, and Reconstruction.'' --Removing an incorrect reference to ASME Boiler & Pressure Code, Section VII, Division 2 in Sec. 193.2321. --Inserting the year of certain standards where more than one edition may be applied. --Inserting the notation ``Incorporated by Reference'' in the regulation text, if not included previously. VII. Regulatory Analyses and Notices A. Summary/Legal Authority for This Rulemaking This NPRM is published under the authority of the Federal pipeline safety law (49 U.S.C. 60101 et seq.). Section 60102 authorizes the Secretary of Transportation to issue regulations governing design, installation, inspection, emergency plans and procedures, testing, construction, extension, operation, replacement, and maintenance of pipeline facilities. Further, Section 60102(l) of the Federal pipeline safety law states that the Secretary shall, to the extent appropriate and practicable, update incorporated industry standards adopted as a part of the Federal pipeline safety regulations. If adopted as proposed, this NPRM would IBR two new editions (one partially incorporated) and 21 updated standards of those currently referenced standards (wholly or in part). In addition, if adopted as proposed, this NPRM would make miscellaneous and editorial changes to the pipeline safety regulations. B. Executive Order 12866, Executive Order 13563, and DOT Regulatory Policies and Procedures This NPRM is not considered a significant regulatory action under section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was not subject to review by the Office of Management and Budget. This NPRM is also considered non-significant under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034). In accordance with the National Technology and Advancement Act of 1995 (``the Act'') and OMB Circular A-119, ``Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities,'' PHMSA periodically reviews and updates the standards incorporated by reference to include new editions. In this NPRM, if adopted as proposed, we would incorporate two new standards API RP 5LT; partially incorporate ASTM D2513-09a (except section 4.2 pertaining to rework materials); and update 21 of those currently referenced standards and specifications in 49 CFR Parts 192, 193, and 195. The majority of these standards are created by national voluntary consensus standards developing organizations that address pipeline design, construction, maintenance, inspection, and repair. Others are developed by organizations using a consensus setting process to develop guidance in the form of standards, publications, and recommended practices. The government decreases the burden on the regulated industry by adopting consensus standards that provide the most current industry practices and guidance developed together with industry experts. This practice is consistent with the National Technology and Advancement Act of 1995 and the OMB policy directives. This practice also avoids the possibility of burdening industry with potentially conflicting regulations and industry practices. According to the annual reports submitted by pipeline operators to PHMSA, there are over 2,370 entities operating hazardous liquid, natural gas transmission, gathering, and distribution systems, and liquefied natural gas facilities as of December 31, 2011. The incorporation of these standards is not expected to have any additional cost of compliance to these entities, but is expected to encourage safer long-term growth for the pipeline industry by promoting efficiency and economic competition through harmonization of standards. PHMSA anticipates the proposals contained in this rule will enhance safety and reduce the compliance burden on the regulated industry. Industry standards developed and adopted by consensus generally are accepted and followed by the pipeline industry, thus assuring that the industry is not forced to comply with a number of different standards to accomplish the same safety goal. In addition to incorporating new and updating existing voluntary consensus standards, PHMSA is taking this opportunity to make non- substantive edits and to clarify regulatory language in certain provisions. Since these proposed editorial changes are regarded relatively minor, the NPRM would not require pipeline operators to undertake any significant new pipeline safety initiatives and would not have any cost implications, but would increase the clarity of the pipeline safety regulations, promoting improved compliance and safety of the nation's pipeline systems. Executive Order 13563 is supplemental to and reaffirms the principles, structures, and definitions governing regulatory review that were [[Page 50002]] established in Executive Order 12866 Regulatory Planning and Review of September 30, 1993. In addition, Executive Order 13563 specifically requires agencies to: (1) Involve the public in the regulatory process; (2) promote simplification and harmonization through interagency coordination; (3) identify and consider regulatory approaches that reduce burden and maintain flexibility; (4) ensure the objectivity of any scientific or technological information used to support regulatory action; and (5) consider how to best promote retrospective analysis to modify, streamline, expand, or repeal existing rules that are outmoded, ineffective, insufficient, or excessively burdensome. In this NPRM, PHMSA is involving the public in the regulatory process in a variety of ways. Specifically, PHMSA is addressing issues and errors that were identified and tagged for future rulemaking consideration in letters received by the regulated community and through meetings and other correspondence with stakeholders. PHMSA is asking for public comments based on the proposals in this NPRM. Upon receipt of public comment and confirmation of the standards availability to the public free of charge on the Internet, PHMSA will discuss with the members of its two advisory committees and then address all substantive comments in the next rulemaking action under this docket. The incorporation of the two new editions (one partially) and updates to 21 other standards promote simplification and harmonization through adoption of consensus standards developed by pipeline experts nationwide and internationally. For example, PHMSA is proposing to IBR a new standard, API Recommended Practice 5LT, ``Recommended Practice for Truck Transportation of Line Pipe,'' (First edition, March 1, 2012) to reduce the risk of a pipeline rupture from pipe that is inadequately loaded for transportation by truck. This standard will decrease the probability of fatigue cracking along the seam of the longitudinal weld during transit and thereby improving safety. This action also responds to an NTSB recommendation. In Sec. 192.283, PHMSA is proposing to IBR ASTM D2513-09a, ``Standard Specification for Polyethylene (PE) Gas Pressure Pipe, Tubing, and Fitting,'' for PE materials (except section 4.2) to ensure correct marking of (PE) materials. PHMSA is also seeking public comment and additional information on the issue of reworked material (section 4.2) prior to incorporating that section of the new standard. These standards, if adopted as proposed, are expected to produce a safety benefit derived from new requirements to safely transport pipe by truck and by improved marking specifications of PE pipe. There are minimal additional costs. The clarity will result in net benefits. C. Executive Order 13132 This NPRM was analyzed in accordance with the principles and criteria contained in Executive Order 13132 (``Federalism''). This NPRM would 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. This NPRM would not impose substantial direct compliance costs on State and local governments nor will it preempt state law for intrastate pipelines. Therefore, the consultation and funding requirements of Executive Order 13132 do no","truncated":true,"body_characters":119229}