# Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments

- **operation:** document
- **citation:** 80 FR 168
- **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:** historical
- **official:** true
- **published on:** 2015-01-05
- **effective on:** 2015-03-06
- **summary:** PHMSA is amending the Federal pipeline safety regulations to incorporate by reference new, updated or reaffirmed editions of the voluntary consensus standards that are applicable to pipelines subject to the requirements of the Federal pipeline safety regulations. This final rule also makes non-substantive editorial corrections clarifying regulatory language in certain provisions. These changes are minor and do not require pipeline operators to undertake any significant new pipeline safety initiatives.
- **machine formats:** - **json:** https://regulus.evalyn.ai/document/federal-register-2014-30336.json
- **markdown:** https://regulus.evalyn.ai/document/federal-register-2014-30336.md
- **app url:** https://regulus.evalyn.ai/document/federal-register-2014-30336
- **source url:** https://www.federalregister.gov/documents/2015/01/05/2014-30336/pipeline-safety-periodic-updates-of-regulatory-references-to-technical-standards-and-miscellaneous
**body:**

Federal Register, Volume 80 Issue 2 (Monday, January 5, 2015) [Federal Register Volume 80, Number 2 (Monday, January 5, 2015)] [Rules and Regulations] [Pages 168-188] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2014-30336] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 192, 193, 195, 198, and 199 [Docket No. PHMSA-2011-0337; Amdt. Nos. 192-119; 193-25; 195-99; 198-6; 199-26] 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: Final rule. ----------------------------------------------------------------------- SUMMARY: PHMSA is amending the Federal pipeline safety regulations to incorporate by reference new, updated or reaffirmed editions of the voluntary consensus standards that are applicable to pipelines subject to the requirements of the Federal pipeline safety regulations. This final rule also makes non-substantive editorial corrections clarifying regulatory language in certain provisions. These changes are minor and do not require pipeline operators to undertake any significant new pipeline safety initiatives. DATES: This final rule is effective March 6, 2015. The incorporation by reference of certain publications listed in this final rule is approved by the Director of the Federal Register as of March 6, 2015. FOR FURTHER INFORMATION CONTACT: Technical Information: Mike Israni by phone at 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 (NTTAA) (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 appropriate. 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 domestic and international organizations. 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 (IBR) is that the incorporated material is treated as if it were published in full in the Federal Register and the Code of Federal Regulations (CFR). This material, like any other properly issued rule, has the force and effect of law. Congress authorized incorporation by reference to reduce the volume of material published in the Federal Register and the 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 IBR serves the public interest. Unless [[Page 169]] expressly provided otherwise in a regulation, if a provision of a standard incorporated by reference conflicts with a regulation, the regulation takes precedence. 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. Because pipeline safety regulation involves a great deal of technical subject matter, there are 64 standards and specifications that have long been 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 of standards to ensure that their content remains consistent with the intent of the pipeline safety regulations. 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). The list of publications that PHMSA has incorporated by reference is found in 49 CFR 192.7, 193.2013, and 195.3. PHMSA employees participate in more than 25 national voluntary consensus standards-setting organizations that address pipeline design, construction, maintenance, inspection and repair. 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. 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, all decisions reached by such organizations. PHMSA has the responsibility to establish regulations and standards that ensure pipelines are operated safely and will only adopt those portions of industry standards into the Federal regulations that meet the agency's goals and best promote public safety. Availability of Materials to Interested Parties PHMSA has worked to make the materials to be incorporated by reference reasonably available to interested parties. 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 public availability requirement for 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.'' This section was further amended on August 9, 2013. The current law continues to prohibit the Secretary from issuing a regulation that incorporates by reference any document unless that document is available to the public, free of charge, but removes the Internet Web site requirements (Pub. L. 113-30, August 9, 2013). The Department of Transportation has until August 9, 2015, to comply with this provision. Pursuant to this mandate, PHMSA has negotiated agreements with all but two of the standards-setting organizations with standards already incorporated by reference in the pipeline safety regulations to make viewable copies of those standards available to the public at no cost. The organizations having agreements 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), and National Fire Protection Association (NFPA). Each organization's mailing address and Web site is listed in Parts 192, 193, and 195. PHMSA understands that the two standards organizations that we do not have agreements with are considering taking steps in addition to sales of the standards to achieve greater availability. II. Summary Review of Standards and Amendments On August 16, 2013, PHMSA published a notice of proposed rulemaking (NPRM) to incorporate into the pipeline safety regulations two new standards: API RP 5LT ``Recommended Practice for Truck Transportation of Line Pipe'' (First edition March 1, 2012); and ASTM D2513- 09a,``Standard Specification for Polyethylene (PE) Gas Pressure Pipe, Tubing, and Fittings'' (December 1, 2009 (except section 4.2 pertaining to rework materials) and 21 updated editions of standards currently incorporated by reference. These standards affect gas pipelines, liquefied natural gas facilities and hazardous liquid pipelines (Parts 192, 193, and 195, respectively). The vast majority of the updated standard editions involve incremental changes in design, maintenance and operation provisions as additional knowledge is gained by stakeholders. With certain exceptions (API RP 1162, ``Public Awareness Programs for Pipeline Operators'' (1st edition, December 2003) discussed below, PHMSA believes that these updates are consistent with the Federal pipeline safety mission. In addition, the adoption of API RP 5LT addresses National Transportation Safety Board's (NTSB) Recommendation P-04-03. A. Standards Incorporated This final rule accepts the following updated editions of technical standards currently incorporated by reference in Parts 192, 193, and 195: American Petroleum Institute (1) API Recommended Practice 5L1, ``Recommended Practice for Railroad Transportation of Line Pipe'' (7th edition, September 2009), into 49 CFR 192.7, 192.65(a)(1), 195.3, 195.207(a). [Replaces IBR: API Recommended Practice 5L1, ``Recommended Practice for Railroad Transportation of Line Pipe'' (6th edition, 2002).] (2) API Recommended Practice 5LT, ``Recommended Practice for Truck Transportation of Line Pipe'' (First edition March 1, 2012), into 49 CFR 192.7, 192.65(c), 195.3, 195.207(c). (3) API Recommended Practice 5LW, ``Transportation of Line Pipe on Barges and Marine Vessels'' (3rd edition, September 2009), into 49 CFR 192.7, 192.65(b), 195.3, 195.207(b). [Replaces IBR: API Recommended Practice 5LW, ``Transportation of Line Pipe on Barges and Marine Vessels'' (2nd edition, December 1996, effective March 1, 1997).] (4) ANSI/API Specification 5L, ``Specification for Line Pipe'' (45th edition, December 1, 2012, effective July 1, 2013), into 49 CFR 192.7; 192.55(e); 192.112(a)(4); 192.112(b)(1)(i); 192.112(b)(1)(iii); 192.112(b)(2)(iv); 192.112(d)(1); 192.112(e)(1); 192.113; [[Page 170]] Item I, Appendix B to Part 192; 195.3; 195.106(b)(1)(i); 195.106(e). [Replaces IBR: ANSI/API Specification 5L/ISO 3183, ``Specification for Line Pipe'' (44th edition, 2007), includes errata (January 2009) and addendum (February 2009).] (5) ANSI/API Specification 6D, ``Specification for Pipeline Valves'' (23rd edition, April 1, 2008, effective October 1, 2008), includes Errata 1 (June 2008), Errata 2 (November 2008), Errata 3 (February 2009), Errata 4 (April 2010), Errata 5 (November 2010), Errata 6 (August 2011), Addendum 1 (October 2009), Addendum 2 (August 2011), and Addendum 3 (October 2012) into 49 CFR 192.7; 192.145(a); 195.3, 195.116(d). [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).] (6) API Specification 12F, ``Specification for Shop Welded Tanks for Storage of Production Liquids'' (12th edition, October 2008, effective April 1, 2009) into 49 CFR 195.3, 195.132(b)(1), 195.205(b)(2), 195.264(b)(1), 195.264(e)(1), 195.307(a), 195.565, 195.579(d). [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);] (7) API Standard 620, ``Design and Construction of Large, Welded, Low-pressure Storage Tanks'' (11th edition, February 2008), addendum 1, (March 2009), addendum 2 (August 2010), and addendum 3 (March 2012) into 49 CFR 193.2013; 193.2101(b); 193.2321(b)(2); 195.3; 195.132(b)(2); 195.205(b)(2); 195.264(b)(1); 195.264(e)(3); 195.307(b); 195.565; 195.579(d). [Replaces IBR: API Standard 620, ``Design and Construction of Large, Welded, Low-Pressure Storage Tanks'' (11th edition, February 2008, addendum 1 March 2009).] (8) API Standard 650, ``Welded Tanks for Oil Storage'' (11th edition, June 2007, effective February 1, 2012), includes addendum 1 (November 2008), addendum 2 (November 2009), addendum 3 (August 2011), and errata (October 2011) into 49 CFR 195.3; 195.132(b)(3); 195.205(b)(1); 195.264(b)(1); 195.264(e)(2); 195.307(c); 195.307(d); 195.565; 195.579(d). [Replaces IBR: API Standard 650, ``Welded Steel Tanks for Oil Storage'' (11th edition, June 2007), addendum 1 (November 2008).] (9) ANSI/API Standard 2000, ``Venting Atmospheric and Low-pressure Storage Tanks'' (6th edition, November 2009) into 49 CFR 195.3, 195.264(e)(2), 195.264(e)(3). [Replaces IBR: API Standard 2000, ``Venting Atmospheric and Low- Pressure Storage Tanks Non-Refrigerated and Refrigerated'' (5th edition, April 1998, errata, November 1999).] American Society for Testing and Materials (ASTM) (1) ASTM A53/A53M-10, ``Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated, Welded and Seamless'' (October 1, 2010), into 49 CFR 192.7; 192.113; Item 1, Appendix B to Part 192; 195.3; 195.106(e). [Replaces IBR: ASTM A53/A53M-07, ``Standard Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated Welded and Seamless'' (September 1, 2007).] (2) ASTM A106/A106M-10, ``Standard Specification for Seamless Carbon Steel Pipe for High-Temperature Service'' (October 1, 2010), into 49 CFR 192.7; 192.113; Item 1, Appendix B to Part 192; 195.3; 195.106(e). [Replaces IBR: ASTM A106/A106M-08, ``Standard Specification for Seamless Carbon Steel Pipe for High-Temperature Service'' (July 15, 2008).] (3) ASTM A333/A333M-11, ``Standard Specification for Seamless and Welded Steel Pipe for Low-Temperature Service'' (April 1, 2011), into 49 CFR 192.7; 192.113; Item 1, Appendix B to Part 192; 195.3; 195.106(e). [Replaces IBR: ASTM A333/A333M-05, ``Standard Specification for Seamless and Welded Steel Pipe for Low-Temperature Service'' (March 1, 2005).] (4) ASTM A372/A372M-10, ``Standard Specification for Carbon and Alloy Steel Forgings for Thin-Walled Pressure Vessels'' (October 1, 2010), into 49 CFR 192.7, 192.177(b)(1). [Replaces IBR: ASTM A372/A372M-03 (reapproved), ``Standard Specification for Carbon and Alloy Steel Forgings for Thin-Walled Pressure Vessels'' (March 1, 2008).] (5) ASTM A671/A671M-10, ``Standard Specification for Electric- Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures'' (April 1, 2010), into 49 CFR 192.7; 192.113; Item 1, Appendix B to Part 192; 195.3; 195.106(e). [Replaces IBR: ASTM A671-06 (2006) ``Standard Specification for Electric-Fusion-Welded Steel Pipe for Atmospheric and Lower Temperatures'' (May 1, 2006).] (6) ASTM A672/A672M-09, ``Standard Specification for Electric- Fusion-Welded Steel Pipe for High-Pressure Service at Moderate Temperatures'' (October 1, 2009), into 49 CFR 192.7; 192.113; Item 1, Appendix B to Part 192; 195.3; 195.106(e). [Replaces IBR: ASTM A672-08, ``Standard Specification for Electric- Fusion-Welded Steel Pipe for High-Pressure Service at Moderate Temperatures'' (May 1, 2008).] (7) ASTM A691/A691M-09, ``Standard Specification for Carbon and Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure Service at High Temperatures'' (October 1, 2009), into 49 CFR 192.7; 192.113; Item 1, Appendix B to Part 192; 195.3; 195.106(e). [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).] (8) ASTM D2513-09a, ``Standard Specification for Polyethylene (PE) Gas Pressure Pipe, Tubing, and Fittings'' (December 1, 2009), into 49 CFR 192.7; 192.123(e); 192.191(b); 192.283(a); Item 1, Appendix B to Part 192. Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS) (1) MSS SP-44-2010, Standard Practice, ``Steel Pipeline Flanges'' (2010 edition, includes Errata, May 20, 2011), into 49 CFR 192.7, 192.147(a). [Replaces IBR: MSS SP-44-2006, Standard Practice, ``Steel Pipeline Flanges'' (2006 edition).] (2) MSS SP-75-2008, Standard Practice, ``Specification for High- Test, Wrought Butt-Welding Fittings'' (2009 edition), into 49 CFR 195.3, 195.118(a). [Replaces IBR: MSS SP-75-2004, ``Specification for High Test Wrought Butt Welding Fittings'' (2004 edition).] NACE International (NACE) (1) ANSI/NACE Standard SP0502-2010, Standard Practice, ``Pipeline External Corrosion Direct Assessment Methodology'' (June 24, 2010), into 49 CFR 192.7; 192.923(b)(1); 192.925(b), (b)(1), (b)(1)(ii), (b)(2), (b)(3), (b)(3)(ii)(A), (b)(3)(ii)(B), (b)(3)(iv), (b)(4), (b)(4)(ii); 192.931(d); 192.935(b)(1)(iv); 192.939(a)(2); 195.3; 195.588(b)(1), (b)(2), (b)(2)(iii), (b)(3), (b)(4), (b)(4)(ii)(A), (b)(4)(ii)(B), (b)(iv), (b)(5), (b)(5)(ii). [Replaces IBR: NACE SP0502-2008, Standard Practice, ``Pipeline External Corrosion Direct Assessment Methodology'' (reaffirmed March 20, 2008).] [[Page 171]] National Fire Protection Association (NFPA) (1) NFPA-30 (2012), ``Flammable and Combustible Liquids Code,'' includes Errata 1, Errata 2 (2012 edition, June 20, 2011), into 49 CFR 192.7, 192.735(b), 195.3, 195.264(b)(1). [Replaces IBR: NFPA-30, ``Flammable and Combustible Liquids Code'' (2008 edition, approved August 15, 2007).] (2) NFPA-70 (2011), ``National Electrical Code'' (2011 edition, approved August 5, 2010), into 49 CFR 192.7, 192.163(e), 192.189(c). [Replaces IBR: NFPA 70 (2008), ``National Electrical Code'' (NEC 2008, approved August 15, 2007).] B. Standards Not Incorporated PHMSA did not propose to incorporate by reference API Recommended Practice (RP) 1162 (second edition, December 2010); API Standard (Std) 653 (4th edition) and Addendum (2010); or section 4.2, ``Rework Material'' of ASTM D2513-09a, ``Standard Specification for Polyethylene (PE) Gas Pressure Pipe, Tubing, and Fittings.'' except for PHMSA has not incorporated these three standards because: API RP1162-2003--This rule retains API RP 1162, ``Public Awareness Programs for Pipeline Operators'' (1st edition, December 2003). PHMSA has decided not to incorporate the second edition at this time because it intends to consult with state pipeline authorities after they report on the results of their 2012 state compliance inspections. These inspections were based on the criteria in the first edition. A public workshop will then be conducted to discuss the inspection data and best practices. API Std 653-2001--This rule retains API Std 653-2001, ``Tank Inspection, Repair, Alteration, and Reconstruction'' (3rd edition, December 2001), with the exception of section 6.4.3, ``Alternative Internal Inspection Interval.'' PHMSA has decided to exclude section 6.4.3 because of concerns that the risk-based inspection (RBI) procedures described in section 6.4.3 of the standard do not require adequate or consistent assessment factors for establishing an alternate internal inspection interval. First, the standard states that an operator ``should'' consider certain factors in making an RBI assessment of a tank, but it does not make such consideration mandatory. Second, the RBI procedures described in section 6.4.3 would allow operators to establish minimum bottom plate thicknesses less than the minimum values referenced in table 6-1, ``Bottom Plate Minimum Thickness,'' and section 4.4.5.4, ``Minimum Thickness for Tank Bottom Plate.'' Third, the procedures may also increase or decrease the 20-year inspection interval described in 6.4.2.1, ``Internal Intervals.'' PHMSA does not agree with allowing such a lengthy interval between inspections. Under this rule, any operator who previously established an alternate internal inspection interval using the procedures in section 6.4.3 must reestablish such intervals based on section 6.4.2, ``Inspection Intervals,'' of API Std 653-2001 within 2 years from the date of this final rule. ASTM D2513-09a--PHMSA will incorporate ASTM D2513-09a, ``Standard Specification for Polyethylene (PE) Gas Pressure Pipe, Tubing, and Fittings,'' except section 4.2, ``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 Plastic Pipe Institute (PPI) Technical Note TN-30/2006.'' Currently, rework materials are limited to a maximum of 30 percent by weight. One of the main steps of plastic pipe manufacturing includes an extrusion process, where raw or virgin 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 the requirements of Section 4.2, including requirements in PPI TN-30/2006. Requirements in PPI TN-30/2006 include reducing the size of the material through appropriate stages (i.e. regrinding the material) to an equivalent size to the raw virgin pellet material and avoiding contamination. The ground up material is then mixed back in with a portion of raw pellet material prior to going back through the extrusion process. Despite these requirements, PHMSA believes prohibiting the use of rework material is the only way to ensure the materials used by operators are not contaminated during the manufacturing process. This topic received a number of comments and was discussed in detail at the advisory committee meetings. Information about these comments is provided in Section IV. During the drafting process of this final rule, the Federal Register advised that PHMSA would not be allowed to include an exception clause to the list of standards in the centralized listing as PHMSA had discussed in the NPRM and at the advisory committee meeting. Instead, revisions are noted in each of the affected sections to accommodate the incorporation of ASTM D2513-09a for PE pipe and the continued incorporation of ASTM D2513-87 and ASTM D2513-99 for non-PE plastic pipe. The revisions are summarized below: [cir] In Sec. 192.7, PHMSA is adding ASTM D2513-09a to the listing of documents incorporated by reference. [cir] In Sec. 192.59, PHMSA is adding a new paragraph (d) to specify that PHMSA will prohibit rework for all plastic pipe manufactured after the effective date of this final rule and used in pipeline systems subject to Part 192. [cir] In Sec. 192.63(a)(1), PHMSA is clarifying that ASTM D2513-87 applies to plastic pipe and fittings made of materials other than polyethylene. [cir] In Sec. 192.123(e)(2), PHMSA is including verbiage to indicate that ASTM D2513-09a pertains to PE pipe only. [cir] In Sec. 192.191, PHMSA is clarifying that ASTM D2513-99 is applicable to plastic materials other than polyethylene and is adding a reference to ASTM D2513-09a applicable to PE materials only. [cir] In Sec. 192.283(a)(1)(i), PHMSA is clarifying that ASTM D2513-99 is applicable to plastic materials other than polyethylene and is adding a reference to ASTM D2513-09a applicable to polyethylene plastic (PE) materials only. [cir] In Part 192, Appendix B, Section 1, PHMSA is adding ASTM D2513-09a to the list of pipe specifications. C. Editorial Corrections and Clarifications This final rule is also making several non-substantive editorial amendments to Parts 192, 193, and 195, and 198. The final rule: Changes the ``Centralized IBR Sections'' from a table format to a listing. Adds abbreviated titles to the list of standards to be incorporated in Sec. Sec. 192.7, 193.2013, and 195.3. Revises current titles to abbreviated titles. Corrects 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. [[Page 172]] Removes an incorrect reference to ASME Boiler & Pressure Code, Section VII, Division 2 in Sec. 193.2321. Inserts the year of certain standards where more than one edition may be applied. Inserts the notation ``Incorporated by Reference'' in the regulation text if not included previously. In addition, the following technical corrections and changes are being made to specific sections as follows: Section 192.283(a)(1)(i) currently states ``or par. 8.9 (Sustained Static Pressure Test)''. This sentence has been deleted because PHMSA believes the reference is an error. Paragraph 8.9 does not exist in current edition of ASTM D2513-99 nor does it appear in several other versions of this referenced standard. PHMSA's 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 clarifying that ASTM D2513-09a is for PE pipe only as this section pertains to both PE manufactured to ASTM D2513-09a and non-PE plastic manufactured to ASTM D2513-99. The resulting language will read, ``In the case of thermoplastic pipe, paragraph 6.6 (Sustained Pressure Test) or paragraph 6.7 (Minimum Hydrostatic Burst Test) of ASTM D2513-99 for plastic materials other than polyethylene or ASTM D2513-09a for polyethylene plastic materials (incorporated by reference, see Sec. 192.7).'' Section 195.264(b)(1)(i) and (ii) reference section numbers from an earlier edition of NFPA-30 previously incorporated by reference. The section references are changed to reflect the current edition section numbers from NFPA-30 (2012). The new section numbers are 22.11.1 and 22.11.2. Section 195.432(b) states that operators must inspect the physical integrity of in-service atmospheric and low pressure steel aboveground breakout tanks in accordance with API Standard 653. PHMSA is amending this section by disallowing the use of the procedures in section 6.4.3, Alternative Internal Inspection Interval, of API Standard 653. This final rule also provides instruction to operators who previously calculated alternative internal inspection intervals using the guidance in section 6.4.3 of API Std 653. Section 195.452(l) states that an operator must maintain certain records for review during an integrity management (IM) inspection. In this rule, PHMSA is establishing that operators must maintain their IM records for the useful life of the pipe. Section 198.37(f) states operators of underground pipeline facilities participating in one-call facility notification systems must be required to respond in the manner prescribed in Sec. 192.614(b)(4) through (b)(6). This section is changed to reflect the correct references from Sec. 192.614(b)(4) through (b)(6) to Sec. 192.614(c)(4) through (c)(6). Section 199.111 contains conflicting requirements as those stated in 49 CFR part 40 causing confusion for both the covered employee and the operator who must comply with this section and with Part 40. For example, in Part 40, it is the responsibility of the medical review officer (MRO) to select the laboratory to which the split sample should be sent however in Sec. 199.111 the specimen donor (i.e., the covered employee), and not the MRO, selects the testing laboratory to which his/her split specimen should be sent for corroborating evaluation. Another discrepancy between the regulations deals with whether the same laboratory can retest a split specimen. In order to eliminate these conflicts, PHMSA is removing section Sec. 199.111. Operators are to follow the requirements in Part 40. III. Advisory Committees Actions On December 17, 2013, and February 25, 2014, PHMSA conducted meetings of the Technical Pipeline Safety Standards Committee (TPSSC) and the Technical Hazardous Liquid Pipeline Safety Standards Committee (THLPSSC) to discuss the NPRM and its regulatory evaluation. These statutorily-mandated committees advise PHMSA on the technical feasibility, reasonableness, and cost-effectiveness of its proposed regulations. At the December meeting, in accordance with 49 U.S.C. 60102(b)(2)(G), each of the committees voted in favor of adopting all of the proposed standards to be incorporated, but there were additional comments and questions about rework and the impact of PHMSA's proposal to incorporate ASTM D2513-09a with the exception of section 4.2, ``Rework Material.'' Members were particularly interested in learning more about the manufacturing process and potential contamination during the extrusion process, and in soliciting additional information and opinions from industry experts. On February 25, 2014, the committees met again. PHMSA presented more information on the topic of rework and regrind issues. Additionally, a panel of experts, including representatives from the National Association of Pipeline Safety Representatives (NAPSR), the AGA, the PPI, and an independent consultant heavily involved with ASTM standards development, provided their perspectives on the topic. All representatives, with the exception of the PPI representative, supported the PHMSA proposal. The PPI suggested an alternative that would limit the use of rework to pipe larger than 2 inches in diameter. Additional comments from the panelists are provided in Section IV of this document. In February, the TPSSC voted unanimously to recommend that the NPRM, excluding rework issues, was technically feasible, reasonable, practicable, and cost-effective. Prohibiting rework does not affect the liquid industry. Transcripts from the committee meetings are available in the docket for this rulemaking and in the advisory committees' meeting dockets. IV. Summary of Comments PHMSA received comments from nine organizations in response to the NPRM, including: MSS; API; NFPA; Pipeline Plastics, LLC; Southwest Gas Corporation; Chevron Phillips Chemical Company; PPI; and AGA. At the two advisory committee meetings, comments were also received from the organizations mentioned above, members of the TPSSC and the THLPSSC and from representatives of the Virginia State Corporation Commission and NAPSR. Their comments are summarized below. A. Miscellaneous Changes MSS recommended that PHMSA incorporate by reference the 2011 errata to MSS SP-44-2010, Standard Practice, ``Steel Pipeline Flanges.'' PHMSA agrees with this comment and will include the errata, which contains a minor correction to Table C4 of the standard that corrects the number of bolt holes from 28 to 32 for 42-inch-diameter pipe. The NFPA representative and a PHMSA staff member noted that in existing Sec. 195.264(b)(1)(i) and (ii), the section references to the standard incorporated by reference, (i.e., NFPA-30 (2012 edition)), were incorrect. Therefore, the section references will change from section 4.3.2.3.2 to section 22.11.1. The API provided comments on incorporating standards, some of which had not been finalized until after the NPRM was published, and others that were outside the scope of this notice, including: API Std 653, API RP 1162, API RP 1164, and NFPA-70. [[Page 173]] B. Comments and Discussion on Rework and Incorporating ASTM D 2513-87, -99, -09a, ``Specifications for Thermoplastic Gas Pressure Pipe, Tubing and Fittings'' (except section 4.2, ``Rework Materials) ASTM D2513-87 and -99--The Southwest Gas Corporation recommended that PHMSA eliminate the incorporation by reference of ASTM D2513-87, ``Standard Specification for Thermoplastic Gas Pressure Pipe, Tubing, and Fittings'' (for non-polyethylene plastic materials only) in Sec. Sec. 192.7 and 192.63(a)(1) for marking only, in favor of incorporating the 1999 edition of the standard. Southwest indicated that the reference to the 1987 edition was introduced in an earlier amendment to the code at the same time ASTM D1990c was incorporated as an update to the 1987 version. Southwest Gas believed the 1990c version did not require operators to identify certain temperature ratings for fittings, so the 1987 version was retained. With the release of the 1999 edition, the temperature-marking requirement for fittings was restored, so Southwest Gas believed it would be a more appropriate version to use for marking as well. PHMSA staff recalled that the 1990c edition did not require fittings that were intended for use at elevated temperatures to be marked to identify certain temperature ratings, a requirement that PHMSA believed was beneficial. Therefore, the 1987 edition continued to be referenced for the purpose of marking thermoplastic fittings. With the release of the 1999 edition, however, the marking intervals were increased from 2 feet to 5 feet. PHMSA has decided to retain the 1987 version of ASTM D2513 for purposes of marking of non-polyethylene plastic materials because it requires operators to mark pipe and tubing at intervals of not more than 2 feet. PHMSA prefers this more stringent requirement because the less spacing there is between markings along a pipe, the easier it is to identify the pipe during excavation. A smaller interval also helps reduce the size of the ditch/hole needed for excavation. The more stringent requirement is also present in the 2009a version of ASTM D2513 for polyethylene pipe and fittings, so ASTM D2513-09a will be IBR for purposes of marking PE materials only. PHMSA has revised Sec. 192.63(a)(1) to clarify that ASTM D2513-87 would continue to apply to the marking of non-PE materials. A specific reference to ASTM D2513-09a is not needed in 192.63(a)(1) to address marking for PE materials because (1) it is already listed in Appendix B to Part 192, and (2) other language in Sec. 192.63(a)(1) already requires each valve, fitting, length of pipe and other component to be marked as prescribed in the specification or standard to which it was manufactured. ASTM D 2513-09a (except section 4.2, ``Rework Materials'')--The following entities provided comments on the incorporation of ASTM D2513-09a and the proposal to exclude the use of rework materials: AGA; Pipeline Plastics, LLC; PPI and Chevron Phillips Chemical Company. All of these organizations were in favor of incorporating ASTM D2513-09a for PE pipe, but had varying comments on the exclusion of rework materials. The AGA provided comments to the docket based on input from its Plastic Materials Committee (PMC), which includes operators and plastic pipe manufacturers. Based on discussions within the PMC, the AGA suggested an alternative based on pipe diameter, whereby no rework material would be allowed for pipe 2 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 2 inches IPS in diameter. The AGA contended that to the extent there are material issues with rework, it is reasonable to believe that the risks are greater with smaller-diameter, thinner-wall pipe, specifically, pipe smaller than 2 inches in diameter. According to AGA, many operators have used the 2- inch diameter as a threshold for prohibiting the use of rework, while others require virgin plastic for all their piping. The AGA suggested that establishing the 2-inch diameter threshold could be a reasonable step as operators and manufacturers continue to seek consensus and discuss the issue within the PMC and with PHMSA. At the February advisory committee meetings, a member of the TPSSC and a gas operator provided comments on behalf of AGA indicating that, while in previous comments to the docket, the organization had recommended PHMSA adopt an alternative that rework only be allowed for pipe greater than 2 inches in diameter, it now recognized that some of its members now believed there were continued safety concerns with the use of reworked pipe and, in an effort to move forward, the AGA supported the adoption of ASTM D2513-09a without rework. The PPI, a major trade association representing all segments of the plastics pipe industry, and Pipeline Plastics, LLC, a major manufacturer of polyethylene pipe, opposed the exclusion of rework and recommended that ASTM D2513-09a be incorporated in its entirety. These two organizations referred to the Operations Technology Development, NFP \1\ (OTD) company's research Project No. 2.ff (summary version) titled ``Evaluation for Impact of Rework'' which was referenced in the 2009 standard and PPI Technical Note 30 (TN-30), which concluded that the proper handling and use of rework does not have a negative effect on any of the three performance parameters for PE gas pipe. Therefore, these organizations believe adhering to the 2009 standard and PPI TN- 30, which provides guidance for manufacturers and end-users on the safe and proper use of rework, would adequately address rework. --------------------------------------------------------------------------- \1\ Operations Technology Development (OTD) is a not-for-profit corporation led by 22 members who serve over 28 million natural gas consumers in 27 states and Canada. OTD develops advanced technologies for the natural gas industry; U.S. utilities combined interests, expertise, and resources into focused Research & Development projects. --------------------------------------------------------------------------- The PPI and Pipeline Plastics, LLC also contended there could be environmental and cost impacts associated with prohibiting rework. These organizations stated that if rework were prohibited, additional unused plastic could be put in landfills. They also indicated that the unused plastic could be used for other plastic processing operations, such as blow molding. The PPI estimated that using PE scrap in blow molding rather than regrind in pipe production could potentially increase PE pipe manufacturer costs by $1 million to $3 million annually. This estimate is based on 2013 PPI resin usage (est. 200,000,000 lbs. used in gas distribution pipe production), current market resin pricing data (price differential of $0.10 to $0.15 per pound between pipe grade and blow mold grade resins), and an estimated 5 to 10 percent scrap generation from extrusion. At the February joint advisory committee meeting, a manufacturer representing PPI raised similar concerns to those raised during the comment period. The following concerns were presented. [cir] Cost of gas distribution pipe. The PPI felt that there is no other market in North America for medium-density polyethylene pipe other than gas distribution, the majority of which uses medium density pipe. The PPI stated that all other polyethylene markets use high- density pipe. Therefore, if reworked pipe is not allowed, the cost of the medium-density pipe would be discounted to a non-pressure pipe or commodity product price. This could cause manufacturers to see an inherent loss in value based on scrap levels. [[Page 174]] Some manufacturers felt the estimated $1 million to $3 million cost impact was low because there is no true alternative market to sell pipe that can't be used for gas transportation. It would not be worth regrinding pipe, transferring that material to another facility and manufacturing something else. The PPI admitted it couldn't share more detailed costs due to anti-trust concerns and, therefore, was unable to give a true number. [cir] Eliminating rework won't result in better-quality pipe. PPI expressed the view that eliminating rework won't necessarily result in better-quality pipe and rework doesn't add
- **truncated:** true
- **body characters:** 139452