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

- **operation:** document
- **citation:** 86 FR 3938
- **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:** 2021-01-15
- **effective on:** Not available
- **summary:** PHMSA is proposing to incorporate by reference more than 20 consensus standards into the Federal pipeline safety regulations. This notice of proposed rulemaking (NPRM) would incorporate by reference a new, updated, or reaffirmed edition of each consensus standard. This NPRM would also make non-substantive corrections to clarify regulatory language in certain provisions. These editorial changes are minor and would not require pipeline operators to undertake new pipeline safety initiatives.
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- **source url:** https://www.federalregister.gov/documents/2021/01/15/2020-28785/pipeline-safety-periodic-updates-of-regulatory-references-to-technical-standards-and-miscellaneous
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Federal Register, Volume 86 Issue 10 (Friday, January 15, 2021) [Federal Register Volume 86, Number 10 (Friday, January 15, 2021)] [Proposed Rules] [Pages 3938-3956] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2020-28785] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 191, 192, and 195 [Docket No. PHMSA-2016-0002] RIN 2137-AF13 Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: PHMSA is proposing to incorporate by reference more than 20 consensus standards into the Federal pipeline safety regulations. This notice of proposed rulemaking (NPRM) would incorporate by reference a new, updated, or reaffirmed edition of each consensus standard. This NPRM would also make non-substantive corrections to clarify regulatory language in certain provisions. These editorial changes are minor and would not require pipeline operators to undertake new pipeline safety initiatives. DATES: Persons interested in submitting comments on this NPRM must do so by March 16, 2021. ADDRESSES: You may submit comments, identified by Docket No. PHMSA- 2016-0002, 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, 1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-0001. Hand Delivery: DOT Docket Management System: West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, between 9:00 a.m. and 5:00 p.m. ET, Monday through Friday, except Federal holidays. Fax: 202-493-2251. Instructions: Identify the Docket No. PHMSA-2016-0002, 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 are posted without edits to http:// [[Page 3939]] www.regulations.gov , including any personal information provided. Please see the Privacy Act heading below. Privacy Act: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov , as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy . Confidential Business Information: Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments in response to this notice contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this notice, it is important that you clearly designate the submitted comments as CBI. Pursuant to 49 Code of Federal Regulations (CFR) Sec. 190.343, you may ask PHMSA to provide confidential treatment to information you give to the agency by taking the following steps: (1) Mark each page of the original document submission containing CBI as ``Confidential;'' (2) send PHMSA a copy of the original document with the CBI deleted along with the original, unaltered document; and (3) explain why the information you are submitting is CBI. Unless you are notified otherwise, PHMSA will treat such marked submissions as confidential under the Freedom of Information Act and they will not be placed in the public docket of this notice. Submissions containing CBI should be sent to Amy E. Allen, 1200 New Jersey Avenue SE, DOT: PHMSA--PHP-30, Washington, DC 20590- 0001. Any commentary PHMSA receives that is not specifically designated as CBI will be placed in the public docket. 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: Rod Seeley by phone at 713-272-2852 or via email at [email&#160;protected] . Regulatory Information: Amy E. Allen by phone at 202-680-2966 or via email at [email&#160;protected] . SUPPLEMENTARY INFORMATION: Table of Contents I. Background A. History of Incorporation by Reference B. Availability of Materials to Interested Parties II. Summary of Standards Incorporated by Reference A. American Petroleum Institute B. American Society of Mechanical Engineers C. ASTM International D. Manufacturers Standardization Society of the Valve and Fittings Industry E. NACE International F. National Fire Protection Association III. Miscellaneous Amendments IV. Regulatory Analyses and Notices A. Summary/Legal Authority for This Rulemaking B. Executive Order 12866 and DOT Policies and Procedures for Rulemaking C. Executive Order 13771 D. Executive Order 13132 E. Executive Order 13175 F. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies G. Paperwork Reduction Act H. Regulation Identifier Number I. Unfunded Mandates Reform Act of 1995 J. Privacy Act Statement K. Environmental Assessment L. Executive Order 13211 M. National Technology Transfer and Advancement Act List of Subjects I. Background A. History of Incorporation by Reference Voluntary consensus standards are technical standards developed or adopted by domestic and international standards development organizations (SDOs). 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 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.\1\ --------------------------------------------------------------------------- \1\ OMB (February 10, 1998), Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities (Circular No. A-119). Retrieved from: https://www.whitehouse.gov/wp-content/uploads/2017/11/Circular-119-1.pdf . --------------------------------------------------------------------------- Material that is incorporated by reference (IBR) is treated as if it was published in the Federal Register and the CFR. Therefore, like any other rule issued in the Federal Register, a voluntary consensus standard that has been incorporated by reference 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) and granted authority to the Director of the Federal Register to determine whether a proposed IBR serves the public interest. Unless 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 pipeline standards often incorporate new technologies, materials, management practices, and other innovations that improve the safety and operations of pipelines and pipeline facilities. Because the Federal pipeline safety regulations (PSRs), located in 49 CFR parts 190-199, involve a great deal of technical subject matter, PHMSA has incorporated by reference more than 80 standards and specifications into the regulations. PHMSA regularly reviews newer editions of currently referenced consensus standards and issues regulations to incorporate by reference updated standards where appropriate. This ensures that the PSRs incorporate and facilitate use of the latest safety innovations and materials. In addition to the improvements in the documents themselves, adopting more recent editions of consensus standards prevents conflicts with other standards operators and suppliers may be complying with voluntarily and avoids confusion that can arise when standards required by the regulations are out of date. The lists of publications that PHMSA has incorporated by reference into part 192 (regulating the transportation of natural gas and other gas by pipeline) and 195 (regulating the transportation of hazardous liquids by pipeline) are found at Sec. Sec. 192.7 and 195.3, respectively. PHMSA employees participate in 25 national SDOs that address the design, construction, maintenance, inspection, operation, and repair of pipeline facilities. These subject matter experts represent the agency and participate in discussions and technical debates, register opinions, and vote in accordance with the procedures of the standards body at each stage of the [[Page 3940]] standards development process (unless prohibited from doing so by law). PHMSA participates in this process to ensure that the agency's safety priorities are considered and to avoid the need to develop separate, government-unique standards. PHMSA's participation does not imply that the agency agrees with or endorses all decisions reached by such organizations. PHMSA adopts only those portions of consensus standards that adequately protect public safety and the environment. PHMSA periodically undertakes a rulemaking to IBR updated consensus standards. The standards proposed in this rulemaking have been reviewed by PHMSA personnel and are considered appropriate to incorporate into the CFR. Previous updates to incorporate consensus standards by reference were published on August 6, 2015 (80 FR 46847 (correction)), January 5, 2015 (80 FR 168), August 11, 2010 (75 FR 48593), February 1, 2007 (72 FR 4655 (correction)), June 9, 2006 (71 FR 33402), June 14, 2004 (69 FR 32886), February 17, 1998 (63 FR 7721), and May 24, 1996 (61 FR 26121). B. Availability of Materials to Interested Parties PHMSA currently incorporates by reference into parts 192, 193, and 195 all or parts of more than 80 standards and specifications developed and published by SDOs. In general, SDOs update and revise their published standards every two to five years to reflect modern technology and best technical practices. ASTM International (ASTM, formerly the American Society for Testing and Materials) often updates some of its more widely used standards every year. Sometimes, multiple editions are published in a given year. In accordance with the NTTAA, PHMSA has the responsibility for determining which standards should be added, updated, or removed. PHMSA handles revisions to materials incorporated by reference in the PSRs via the rulemaking process, which allows the public and regulated entities the opportunity to provide input. During the rulemaking process, PHMSA must also obtain approval from the Office of the Federal Register to make changes regarding materials incorporated by reference. Pursuant to Section 24 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, Public Law 112-90, 49 U.S.C. 60102(p), as amended, ``the Secretary may not issue 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 November 7, 2014, the Office of the Federal Register issued a final rule that revised 1 CFR 51.5 to require that Federal agencies ``discuss, in the preamble of the proposed rule, the ways that the materials it proposes to incorporate by reference are reasonably available to interested parties or how it worked to make those materials reasonably available to interested parties'' (79 FR 66267). To meet the requirements of Section 24, PHMSA negotiated agreements with all but one of the SDOs with standards incorporated by reference in the PSRs to make viewable copies of those standards available to the public at no cost. The organizations that agreed to the requirements of Section 24 are: The American Petroleum Institute (API), the American Gas Association (AGA), ASTM, the Gas Technology Institute (GTI), the Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS), NACE International (NACE), and the National Fire Protection Association (NFPA). As of the date of publication, PHMSA was not able to reach an agreement with the American Society of Mechanical Engineers (ASME). Each organization's mailing address and website is listed in 49 CFR parts 192, 193 and 195. In addition, PHMSA will provide temporary access to any standard which is incorporated by reference or proposed for incorporation. To gain temporary access to standards, including those from ASME, please email [email&#160;protected] with your request. You must include your phone number and physical address, and an email address where we should send a response. PHMSA will respond within five business days and provide access to the standard. II. Summary of Standards Incorporated by Reference Proposed To Be Updated This list includes the title of each standard affected by this NPRM, the edition PHMSA proposes to incorporate, a summary of the standard, the previously incorporated version (if applicable), and the sections in the CFR where the standards are referenced. The omission of a new edition of a standard in this NPRM does not imply that PHMSA has reviewed and rejected that document. In this NPRM, PHMSA proposes to incorporate the following updated editions of technical standards currently incorporated by reference in parts 192 and 195: A. American Petroleum Institute (API) 1. API Recommended Practice 651, Cathodic Protection of Aboveground Petroleum Storage Tanks PHMSA proposes to incorporate by reference API Recommended Practice (RP) 651, ``Cathodic Protection of Aboveground Petroleum Storage Tanks,'' 4th edition, September 2014 into Sec. Sec. 195.565 and 195.573(d). Cathodic protection is a method of protecting metallic pipelines from corrosion. This RP contains: (1) Procedures and practices for effective corrosion control on aboveground storage tank bottoms using cathodic protection; (2) provisions for the application of cathodic protection to existing and new aboveground storage tanks; and (3) information and guidance for cathodic protection specific to aboveground metallic storage tanks in hydrocarbon service. The amendments in the 4th edition of API RP 651 are primarily minor technical improvements and editorial revisions. These improvements include more specific details throughout and more conservative consideration of cathodic protection based on pad material, product temperature, and tank size. These corrosion-control-requirement updates improve safety and the clarity and technical accuracy of the document. [Replaces IBR: ANSI/API Recommended Practice 651, ``Cathodic Protection of Aboveground Petroleum Storage Tanks,'' 3rd edition, January 2007, (ANSI/API RP 651).] 2. API Recommended Practice 2026, ``Safe Access/Egress Involving Floating Roofs of Storage Tanks in Petroleum Service'' PHMSA is proposing to incorporate API RP 2026, ``Safe Access/Egress Involving Floating Roofs of Storage Tanks in Petroleum Service,'' 3rd edition, June 2017 into Sec. 195.405(b). The 3rd edition of API RP 2026 (formerly API Publication 2026) addresses the hazards associated with access/egress onto external and internal floating roofs of in- service petroleum storage tanks. In a floating roof tank, the roof floats on top of product in the tank and rises and lowers with the level of product in the storage tank. Floating roofs minimize the creation of hazardous vapors above the product. A floating roof can be designed for use on a tank with no fixed roof (an external floating roof) or inside a tank with a fixed roof (internal floating roof). Work tasks requiring access to floating roofs poses unique safety hazards to maintenance personnel. These include [[Page 3941]] confined space hazards, hazardous atmospheric conditions such as flammable or toxic vapors, and various physical hazards depending on the design and condition of the tank. The document identifies a number of these potential hazards and prescribes practices, procedures, and tests, which are required to mitigate these hazards and perform work safely. In the regulations, operators are required to use API RP 2026 to consider the hazards associated with performing maintenance on in- service hazardous liquid storage tanks and identify applicable hazardous conditions, safety practices, and procedures in their procedure manual. The 3rd edition of API RP 2026 includes several minor, primarily editorial updates. These include minor revisions to the definitions, eliminating references to NFPA 70 and NFPA 325M, changes to terminology such as replacing the phrase ``lower flammable limits'' to the phrase ``lower explosive limits,'' and additional clarifications to conditions in Section 7.1.4. The clarified conditions include atmospheric, working, tank service, operating, product loading, and physical conditions. In general, these clarifications mean that individuals must make sure hazards are addressed and potential sources of hazards or vapor ignition have been properly secured before they go onto a tank floating roof. These minor changes improve the usability of the document. [Replaces IBR: API Publication 2026, ``Safe Access/Egress Involving Floating Roofs of Storage Tanks in Petroleum Tanks,'' 2nd edition, April 1998 (Reaffirmed June 2006).] 3. API Specification 5L, Specification for Line Pipe PHMSA is proposing to incorporate by reference API Specification (Spec) 5L, ``Specification for Line Pipe,'' 46th edition, April 2018, including Errata 1 (May 2018) into Sec. Sec. 192.55(e); 192.112(a), (b), (d), (e); 192.113; Item I, Appendix B of part 192; and 195.106(b) and (e). API Spec 5L is the primary manufacturing specification for seamless and welded steel pipe for use in both gas and hazardous liquid pipeline transportation systems. The specification does not cover cast pipe and non-steel pipe. The specification includes requirements for pipe material, manufacturing, quality control and testing, inspection, and pipe marking. The 46th edition of API Spec 5L includes slightly strengthening the pipe end straightness tolerance requirement from 4 mm maximum of deflection within 1 meter of each end to 3.2 mm maximum of deflection within 1.5 meters of each end, and clarifies how to define and measure end-squareness. Additionally, it includes some editorial revisions consistent with changes to API style guidelines. The specification also contains two new annexes: (1) Annex M-- Specification for Welded Jointers and (2) Annex N--Pipe Ordered for Applications Requiring Longitudinal Plastic Strain Capacity. Annex M adds requirements for pipe manufacturers making welded jointers, which are short pieces of pipe welded together to form one joint. Welded jointers are similar to double jointing except that typically double jointing is not done by the manufacturer. Before this annex, 5L had no requirements for testing the jointed welds nor how they should be marked. Annex N adds baseline requirements for pipe manufactured for strain-based design (SBD) projects. SBD is used for pipelines that may see high levels of strain due to pipe movement from geotechnical forces; few onshore pipelines in the continental United States see these strains and instead use conventional stress-based design. Part 192 does not permit SBD, except under special permit; however, the new annexes do enhance pipeline safety under the circumstances to which they are applicable. [Replaces IBR: API Specification 5L, ``Specification for Line Pipe,'' 45th edition, July 2013, (ANSI/API Spec 5L).] \2\ --------------------------------------------------------------------------- \2\ On May 1, 2019, PHMSA issued a notice to natural gas and hazardous liquid pipeline operators alerting them that PHMSA would exercise enforcement discretion if an operator did not comply with API Specification 5L, 45th edition, provided that the operator could ``demonstrate compliance with the more stringent provisions of API Spec 5L, 46th edition, April 2018, including Errata 1 (May 2018).'' [ https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/71236/stay-enforcement-api-specification-5l.pdf ]. PHMSA indicated in the notice of enforcement discretion that it was intended to remain in effect until PHMSA took final action on incorporating the 46th edition in a rulemaking. A copy of the notice of enforcement discretion is included in the docket. --------------------------------------------------------------------------- 4. API Specification 6D, Specification for Pipeline and Piping Valves PHMSA is proposing to incorporate API Specification (Spec) 6D, ``Specification for Pipeline and Piping Valves,'' 24th edition, August 2014, including Errata 1 (October 2014), Errata 2 (December 2014), Errata 3 (February 2015), Errata 4 (June 2015), Errata 5 (July 2015), Errata 6 (September 2015), Errata 7 (June 2016), Errata 8 (August 2016), Errata 9 (March 2017), Addendum 1 (March 2015), and Addendum 2 (June 2016) into Sec. Sec. 192.145(a) and 195.116(d). API Spec 6D defines the design, manufacturing, assembly, testing, and documentation requirements for valves used in pipeline systems. PHMSA requires all valves on gas pipeline systems, other than those made of cast-iron or plastic, to meet the requirements of API Spec 6D or a national or international standard that provides an equivalent performance level. Liquid pipeline valves must be shell-tested and seat-tested in accordance with API Spec 6D. The valve shell test or body test is conducted based on the valve manufacturer's approved test procedure and Section 9.3 of API Spec 6D. In the valve shell test, the valve ends are closed and the valve is put in a partially open position. The valve body is hydrostatically tested with a test pressure of at least 1.5 times the pressure rating of the valve body. The result of the test is satisfactory if no visible leak is observed from the valve body, packing gland, or elsewhere. This test ensures that the valve body will not fail and leak product into the surrounding environment at the pressure rating. The valve seat leak test is performed after successful completion of valve shell test. During this test, the valve is completely closed. The inlet of the valve is hydrostatically tested with a test pressure of at least 1.1 times the pressure rating of the valve. The valve passes the seat test if the measured leakage does not exceed the maximum values in section 9.4.3 of the standard. Block valves must be seat tested for each intended fluid flow direction. This test ensures that a block valve will adequately stop the flow of product through the valve when it is closed. The 24th edition of API Spec 6D includes several clarifications, safety improvements, and editorial revisions. Safety improvements include clarified bore tolerance specifications for full-opening valves,\3\ and new procedures for installers when no minimum bore tolerances are listed in the specification. Additionally, the 24th edition prohibits designing flanged valves with intermediate pressure ratings. The flanges used to connect such valves to other components have standardized pressure specifications. Prohibiting flanged valves with an intermediate pressure rating avoids potentially dangerous situations, like transferring such a valve to an application with pressure that is within the design limits [[Page 3942]] of the standard flanges, but exceeds the pressure rating of the valve to which the flanges are attached. Other improvements include adding a requirement that valve body and cover components be chosen based on the pressure-temperature rating of the material used, and requirements for valve cavity pressure relief devices. --------------------------------------------------------------------------- \3\ A full opening valve is designed with an opening that is unobstructed when the valve is in the open position. The opening must be not smaller than the inside diameter of the end connections. The bore refers to the minimum inside diameter of valve, including the size of the opening. --------------------------------------------------------------------------- The 24th edition also includes new guidance and clarification regarding calibration, marking, and documentation requirements. The calibration provisions were updated to specify that calibration intervals should not exceed one year. The marking provisions were updated to provide more detailed information regarding the location, letter size, and the use of name plate markings for the smaller valves. Also, the provisions on the information that is provided with each valve were updated to include additional information that may be useful for installers, operators, and inspectors. [Replaces IBR: ANSI/API Specification 6D, ``Specification for Pipeline Valves,'' 23rd edition, October 1, 2008, including 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), (API Spec 6D).] 5. API Standard 620, Design and Construction of Large, Welded, Low- Pressure Storage Tanks PHMSA proposes to incorporate by reference API Standard (Std) 620 ``Design and Construction of Large, Welded, Low-Pressure Storage Tanks,'' 12th edition, October 2013, including Addendum 1 (November 2014) into Sec. Sec. 195.132 (b)(2); 195.205(b)(2); 195.264(b)(1); 195.264(e)(3); 195.307(b); 195.565; and 195.579(d). API Std 620 specifies design, construction, and testing requirements for large, field assembled, welded steel tanks used to store petroleum, petroleum products, or other liquids used in the petrochemical industry. Tanks designed, constructed, and tested in accordance with API Std 620 are rated to operate with a vapor pressure up to 15 psig and a metal temperature below 250 [deg]F. The primary benefit of incorporating the 12th edition involves incorporating new materials and designs. These revisions include revised requirements for seismic loading design standards and more stringent design and testing standards for refrigerated tank systems. Specifically, the outer shell of double wall tanks must now meet most material and design requirements applicable to the inner shell of refrigerated tanks. Hazardous liquid breakout tanks typically do not require refrigeration and requirements for liquefied natural gas plants in part 193, including standards for refrigerated tanks, are being considered in a separate rule. Finally, the 12th edition adds standards for steel mixed materials storage tanks and duplex stainless-steel storage tanks, which were not previously included in the standard. [Replaces IBR: API Standard 620, ``Design and Construction of Large, Welded, Low-pressure Storage Tanks,'' 11th edition, February 2008, including addendum 1 (March 2009), addendum 2 (August 2010), and addendum 3 (March 2012), (API Std 620).] 6. API Standard 650, Welded Tanks for Oil Storage PHMSA is proposing to incorporate API Std 650, ``Welded Tanks for Oil Storage,'' 13th edition, March 1, 2020, into Sec. Sec. 195.132(b); 195.205(b); 195.264(b), (e); 195.307(c) and (d); 195.565; and 195.579(d). This standard establishes minimum requirements for material, design, fabrication, erection, and inspection for vertical, cylindrical, aboveground, closed- and open-top, welded storage tanks in various sizes and capacities for internal pressures approximating atmospheric pressure. This standard applies only to tanks whose entire bottom is uniformly supported and to tanks in non-refrigerated service that have a maximum design temperature of 93[deg]C (200 [deg]F) or less. In part 195, breakout tanks associated with the transportation of hazardous liquids that are included in the scope of this standard must be designed, constructed, tested, and repaired in accordance with API Std 650. Many of the changes since the 11th edition of API Std 650 result in enhanced safety. The standard strengthens anchoring requirements by increasing the criteria required to allow a tank to be unanchored and requiring that more welds be examined. In addition, the revised standard contains provisions for considering snow loading on floating roofs to account for increases in internal pressures. Other changes are editorial; for example, throughout the standard, the term ``inspection'' is changed to ``examination'' when referring to NDE. These revisions improve the clarity and technical accuracy of the document. However, there are sections of the revised standard that may provide a smaller factor of safety than the 11th edition. For example, in the revised standard, the factor used in equations to calculate how high the product in the tank may slosh around during a seismic event in Equation E.7.2-1 changes from 0.5 to 0.42, which is less conservative. Seismic design is not always required in the CFR, but Annex E (Seismic Design of Storage Tanks) must be applied if seismic design is requested by the operator. This revision lowers the minimum freeboard (the space in the tank between maximum operating level of the product and the maximum possible product level) specifications for tanks designated by the operator as Seismic Use Group (SUG) \4\ III or tanks designated as SUG II in areas with higher potential vertical acceleration (see Table E.7). Most breakout tanks would be classified as SUG I, where minimum freeboard specifications are recommended but not required. As described in EC.7.2 in the standard, damage to the roof due to sloshing is very unlikely to cause a structural failure of the tank itself; the primary consequences of sloshing damage are the potential for an interruption of operations, repair costs, or, if the roof fails, a small release into secondary containment. This change is also offset by other improvements in the revised standard, including more conservative vertical acceleration parameter in E.6.1.3 (Vertical Seismic Effects). The revised standard sets a parameter value at the maximum of what was previously a range of values. --------------------------------------------------------------------------- \4\ Seismic Use Groups (SUGs) are defined in API Std 650 at EC.3 and are used to classify tanks by the potential consequences of failure during a seismic event. Tanks designated as SUG III or SUG II serve public safety or public welfare functions, or pose a hazard to the public and lack secondary containment. SUG I is the default classification and includes most tanks with secondary containment and tanks without containment located in a terminal or industrial area away from public access. --------------------------------------------------------------------------- The majority of the changes in the 13th edition of the standard are editorial and do not substantially change or effect safety. Additional changes include adding new requirements for anchor nuts and bolts; further refining the process for design wind speeds, pressures, and loads; specifying which weld pass (inside/outside) may be applied for various examination methods; further broadening hydrotest requirements; and adding an allowance for the minimum number of inspection hatches to be based on the size of a given tank. [Replaces IBR: 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), (API Std 650).] [[Page 3943]] 7. API Standard 1104, Welding of Pipelines and Related Facilities PHMSA is proposing to incorporate by reference API Std 1104, ``Welding of Pipelines and Related Facilities'' 21st edition, September 2013, including Errata 1 (April 2014), Errata 2 (June 2014), Errata 3 (July 2014), Errata 4 (November 2015), Errata 5 (September 2018), Addendum 1 (July 2014), and Addendum 2 (May 2016) into Sec. Sec. 192.225(a); 192.227(a); 192.229(c); 192.241(c); Item II of Appendix B to part 192; 195.214(a); 195.222(a) and (b); and 195.228(b). API Std 1104 is the primary standard for welding steel piping and for testing welds on steel pipelines. It covers the requirements for welding and nondestructive testing of pipeline welds. In the PSRs, this standard is used for qualifying welders, welding procedures, and welding operators, and interpreting the results of non-destructive tests. The most significant revisions in the 21st edition of API Std 1104 include safety improvements to sections that are incorporated by reference into the regulations. In Section 5, which addresses welding procedures for processes using filler metals, the updates include: Requirements that electrical characteristics be specified for each specific type and size of electrode, rod, or wire; specifications regarding when and how forced cooling of a recently completed weld can be performed; a new requirement to consider the mechanical compatibility of filler metals; a new requirement to specify the electrode manufacturer and trade name for certain types of shielded metal arc welding electrodes; and modified criteria that allow acceptance of tensile tests if the specimen breaks outside the weld and heat-affected-zone at a value not less than 95 percent of the specified minimum tensile strength of the pipe material. The 21st edition revises Section 6 to allow ultrasonic testing of welds used for welder qualification. Although Section 10 is not used in the PSRs, it is greatly expanded in the 21st edition to provide more information on repairing welds. The revisions to Section 12 include documentation enhancements like those in Section 5 and a requirement to perform a nick-break test \5\ for procedures that include manual or semi-automatic passes. The addition of nick-break tests helps ensure that mechanized welds made with manually deposited passes will meet the workmanship requirements in API 1104. --------------------------------------------------------------------------- \5\ A nick-break test is a destructive test for evaluating the quality of a weld. In the test, a weld specimen is prepared and then fractured. The exposed surface is then visually examined for weld imperfections. --------------------------------------------------------------------------- In addition, the 21st edition adds guidance to both Appendix A and Appendix B. The 21st edition of Appendix A modifies essential variables to better quantify the variability of welding electrodes and pipe materials, clarifies acceptance criteria for tensile tests, and adds a requirement to verify production welding is performed within the parameters of the qualified welding procedure via a quality control program. The 21st edition of Appendix B adds guidance on making in- service welds and expands the section to cover weld deposition pipe repair. The 21st edition also allows a welder qualified in a fixed position to be qualified for the roll position. Welder qualification in the fixed position requires demonstration of welding skills in multiple positions around a stationary pipe. During roll welding, the welder only welds in one position while the pipe rotates and the welder must only demonstrate welding skills in one position. Since a welder qualified in a fixed procedure has demonstrated the skills necessary to weld in multiple positions, this change has no effect on safety and eliminates duplicative qualification requirements. [Replaces IBR: API ``Standard 1104, ``Welding of Pipelines and Related Facilities,'' 20th edition, October 2005, including errata/ addendum (July 2007) and errata 2 (2008), (API Std 1104).] 8. ANSI/API Standard 2000, Venting Atmospheric and Low-Pressure Storage Tanks PHMSA is proposing to incorporate by reference API Std 2000, ``Venting Atmospheric and Low-pressure Storage Tanks,'' 7th edition, March 2014, into Sec. 195.264(e)(2) and (e)(3). This standard contains vapor-venting requirements for aboveground liquid petroleum products storage tanks and aboveground and/or underground refrigerated storage tanks, all of which are designed for operation at pressures from full vacuum through 103.4 kPa (or 15 psig). Normal vapor venting refers to the inflow and outflow of vapor related to pressure changes inside the storage tanks. Emergency vapor venting relates to the inflow or outflow of vapor that may occur due to unforeseen circumstances. Vapor-venting requirements deal with the operation of vapor vents in response to temperature and pressure changes both inside and outside of a tank. Pressure normally accumulates inside most production or breakout storage tanks that contain various types of hazardous liquid. The new edition of this standard provides more information on equipment that stabilizes pressure within the tank by venting or depressurizing once the pressure within the tank reaches a certain level. The vapor-venting requirements in this standard elaborate on pipeline owners' obligations, including providing vapor-venting equipment guidelines. The 7th edition of API Std 2000 contains several minor revisions since the currently incorporated 6th edition. These include greater in- breathing and out-breathing calculation requirements, modified reduction factor for double-wall tanks, and eliminating the need to calculate evaporation rates. The 7th edition also includes more stringent requirements to ensure that vapor releases from relief devices and vents do not create hazards for nearby workers, equipment, or structures. These requirements increase safety by not allowing the accumulation of potentially flammable vapors at grade level or in enclosed spaces, and the new requirements for vapor releases from relief devices and vents provide greater protection for workers and properties during venting operations. [Replaces IBR: ANSI/API Standard 2000, ``Venting Atmospheric and Low-pressure Storage Tanks,'' 6th edition, November 2009, (API Std 2000).] 9. API Standard 2350, Overfill Prevention for Storage Tanks in Petroleum Facilities PHMSA proposes to incorporate by reference API Standard (Std) 2350, ``Overfill Prevention for Storage Tanks in Petroleum Facilities,'' 5th edition, September 1, 2020, into Sec. 195.428(c). This standard is intended for storage tanks associated with facilities that receive flammable and combustible petroleum liquids, such as refineries, marketing terminals, bulk plants, and pipeline terminals. It addresses minimum overfill and damage-prevention practices for aboveground storage tanks in petroleum facilities, including refineries, marketing terminals, bulk plants, and pipeline terminals that receive flammable and combustible liquids. The revised edition is a major rewrite of the document that includes the development of policies and procedures to incorporate management of an overfill protection process (OPP) 
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