When May an Operator Deviate Its Program from Certain Requirements of this Chapter? [49 CFR 192.913]

(A)A. General. ASME/ANSI B31.8S (ibr, see §507) provides the essential features of a performance-based or a prescriptive integrity management program. An operator that uses a performance-based approach that satisfies the requirements for exceptional performance in Subsection B of this Section may deviate from certain requirements in this Chapter, as provided in Subsection C of this Section. [49 CFR 192.913(a)]#

(B)B. Exceptional Performance. An operator must be able to demonstrate the exceptional performance of its integrity management program through the following actions. [49 CFR 192.913(b)]#

(1)1. To deviate from any of the requirements set forth in Subsection C of this Section, an operator must have a performance-based integrity management program that meets or exceed the performance-based requirements of ASME/ANSI B31.8S and includes, at a minimum, the following elements: [49 CFR 192.913(b)(1)]#

(a)a. a comprehensive process for risk analysis; [49 CFR 192.913(b)(1)(i)]#

(b)b. all risk factor data used to support the program; [49 CFR 192.913(b)(1)(ii)]#

(c)c. a comprehensive data integration process; [49 CFR 192.913(b)(1)(iii)]#

(d)d. a procedure for applying lessons learned from assessment of covered pipeline segments to pipeline segments not covered by this Chapter; [49 CFR 192.913(b)(1)(iv)]#

(e)e. a procedure for evaluating every incident, including its cause, within the operator's sector of the pipeline industry for implications both to the operator's pipeline system and to the operator's integrity management program; [49 CFR 192.913(b)(1)(v)]#

(f)f. a performance matrix that demonstrates the program has been effective in ensuring the integrity of the covered segments by controlling the identified threats to the covered segments; [49 CFR 192.913(b)(1)(vi)]#

(g)g. semi-annual performance measures beyond those required in §3345 that are part of the operator's performance plan [see §3311.9] . An operator must submit these measures, by electronic or other means, on a semi-annual frequency to OPS in accordance with §3351 [49 CFR 192.913(b)(1)(vii)] ; and#

(h)h. an analysis that supports the desired integrity reassessment interval and the remediation methods to be used for all covered segments. [49 CFR 192.913(b)(1)(viii)]#

(2)2. In addition to the requirements for the performance-based plan, an operator must: [49 CFR 192.913(b)(2)]#

(a)a. have completed at least two integrity assessments on each covered pipeline segment the operator is including under the performance-based approach, and be able to demonstrate that each assessment effectively addressed the identified threats on the covered segment; [49 CFR 192.913(b)(2)(i)]#

(b)b. remediate all anomalies identified in the more recent assessment according to the requirements in §3333, and incorporate the results and lessons learned from the more recent assessment into the operator's data integration and risk assessment. [49 CFR 192.913(b)(2)(ii)]#

(C)C. Deviation. Once an operator has demonstrated that it has satisfied the requirements of Subsection B of this Section, the operator may deviate from the prescriptive requirements of ASME/ANSI B31.8S and of this Chapter only in the following instances. [49 CFR 192.913(c)]#

(1)1. The time frame for reassessment as provided in §3339 except that reassessment by some method allowed under this Chapter (e.g., confirmatory direct assessment) must be carried out at intervals no longer than seven years. [49 CFR 192.913(c)(1)]#

(2)2. The time frame for remediation as provided in §3333 if the operator demonstrates the time frame will not jeopardize the safety of the covered segment. [49 CFR 192.913(c)(2)]#

AUTHORITY NOTE: Promulgated in accordance with R.S. 30:501 et seq.#

HISTORICAL NOTE: Promulgated by the Department of Natural Resources, Office of Conservation, Pipeline Division, LR 30:1275 (June 2004), amended LR 31:686 (March 2005), LR 33:483 (March 2007).#