NTSB Safety Recommendation P-04-001

NTSB safety recommendation P-04-001.

TO THE RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION: Remove the exemption in 49 Code of Federal Regulations 192.65 (b) that permits pipe to be placed in natural gas service after pressure testing when the pipe can not be verified to have been transported in accordance with the American Petroleum Institute's recommended practice RP 5L1.

Priority: CLASS II

Overall Status: Closed - Acceptable Action

Issued Date: 2004-07-01

Adopted Date: 2004-06-23

Overall Date Closed: 2015-05-15

Synopsis: About 2:12 a.m., central daylight time, on July 4, 2002, a 34-inch-diameter steel pipeline owned and operated by Enbridge Pipelines, LLC ruptured in a marsh west of Cohasset, Minnesota. Approximately 6,000 barrels (252,000 gallons) of crude oil were released from the pipeline as a result of the rupture. No deaths or injuries resulted from the release. The cost of the accident was approximately $5.6 million, which includes the cost of cleanup and recovery, value of lost product, and damage to the property of the pipeline operator and others. The National Transportation Safety Board determines that the probable cause of the July 4, 2002, pipeline rupture near Cohasset, Minnesota, was inadequate loading of the pipe for transportation that allowed a fatigue crack to initiate along the seam of the longitudinal weld during transit. After the pipe was installed, the fatigue crack grew with pressure cycle stresses until the crack reached a critical size and the pipe ruptured.

Probable Cause: The National Transportation Safety Board determines that the probable cause of the July 4, 2002, pipeline rupture near Cohasset, Minnesota, was inadequate loading of the pipe for transportation that allowed a fatigue crack to initiate along the seam of the longitudinal weld during transit. After the pipe was installed, the fatigue crack grew with pressure cycle stresses until the crack reached a critical size and the pipe ruptured.

Ntsbnumber: DCA02MP002

Report Number: PAR-04-01

Addressee Name: RSPA

Addressee Status: Closed - Acceptable Action

Addressee Date Closed: 2015-05-15

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2012-02-03

Communication Type: NPRM Response

Communication Contents: Notation 8378: The National Transportation Safety Board (NTSB) has reviewed the Pipeline and Hazardous Materials Safety Administration (PHMSA) notice of proposed rulemaking (NPRM), "Pipeline Safety: Miscellaneous Changes to Pipeline Safety Regulations" that was published in the Federal Register on November 29, 2011. PHMSA is proposing to make miscellaneous changes to the pipeline safety regulations. The proposed changes would correct errors, address inconsistencies, and respond to rulemaking petitions. The requirements in several subject matter areas would be affected, including the performance of post-construction inspections; leak surveys of Type B onshore gas gathering lines; the requirements for qualifying plastic pipe joiners; the regulation of ethanol; the transportation of pipe; the filing of offshore pipeline condition reports; the calculation of pressure reductions for hazardous liquid pipeline anomalies; and the odorization of gas transmission lateral lines. The NTSB will comment only on the proposed change related to the transportation of pipe included in this NPRM. About 2: 12 a.m., central daylight time, on July 4, 2002, a 34-inch-diameter steel pipeline owned and operated by Enbridge Pipelines, LLC, ruptured in a marsh west of Cohasset, Minnesota.2 About 6,000 barrels (252,000 gallons) of crude oil were released from the pipeline as a result of the rupture. No deaths or injuries resulted from the release. The cost of the accident was approximately $5.6 million, which includes the cost of cleanup and recovery, the value of lost product, and damage to the property of the pipeline operator and others. The NTSB determined that the probable cause of the July 4, 2002, pipeline rupture near Cohasset, Minnesota, was inadequate loading of the pipe for transportation that allowed a fatigue crack to initiate along the seam of the longitudinal weld during transit. After the pipe was installed, the fatigue crack grew with pressure cycle stresses until the crack reached a critical size and the pipe ruptured. The NTSB made the following safety recommendation to the Research and Special Programs Administration (RSPA, now PHMSA): Remove the exemption in 49 Code of Federal Regulations [CFR] 192.65(a)(2) that permits pipe to be placed in natural gas service after pressure testing when the pipe cannot be verified to have been transported in accordance with the American Petroleum Institute recommended practice 5L 1. (P-04-01) PHMSA responded in a letter to the NTSB dated March 3, 2010, that surveys conducted by the Interstate Natural Gas Association of America failed to find any vintage pipe covered by 49 CFR 192.65(a)(2). Therefore, PHMSA has no reason to continue the exemption and has agreed to comply with the NTSB safety recommendation by removing this exemption from the federal regulations. The NTSB agrees with PHMSA on this matter. The NTSB appreciates the opportunity to comment on this NPRM. Should you require additional information or clarification, please contact us.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2009-09-22

Communication Type: Official Correspondence

Communication Contents: The NTSB notes that PHMSA will submit a report requesting that this recommendation be reconsidered based on information gathered on cyclic fatigue in natural gas transmission pipelines and the unlikely presence of pre-November 12, 1970, line pipe in operators’ inventories. Pending our receipt and review of this report, Safety Recommendation P-04-1 remains classified OPEN -- ACCEPTABLE RESPONSE.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2010-04-02

Communication Type: Official Correspondence

Communication Contents: The NTSB is currently reviewing the action taken by PHMSA on the above recommendations, identified in your letter, and expects to have a more substantive response back to you shortly. We apologize for the delay in responding regarding some of the recommendations; however, additional documentation was needed for these before their evaluation for closure could be completed. Action on Safety Recommendation R-89-53 (see enclosure) was completed on March 19, 2010.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2010-05-06

Communication Type: Official Correspondence

Communication Contents: The NTSB reviewed PHMSA’s July 6, 2009, report, PHMSA Review of Transportation Related Damage and Fatigue Issues with Natural Gas Transmission Line Pipe and noted the report’s conclusion that there is no known inventory of vintage thin-walled pipe. We question why, if there is no known inventory of such pipe, PHMSA has not removed the exemption from 49 CFR 192.65(b) as requested. The NTSB agrees with the assessment in PHMSA’s March 22 letter that, although the results of the survey are a promising indicator of the absence of vintage pipe in inventory, it is possible that some vintage pipe may still exist. The NTSB is pleased that PHMSA plans to remove the exemption in 49 CFR 192.65(b) in an upcoming Miscellaneous Rulemaking expected to be published for public comment by October 2010 and adopted in 2011. Pending completion of this effort, Safety Recommendation P-04-1 is classified OPEN -- ACCEPTABLE RESPONSE.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2011-10-19

Communication Type: Official Correspondence

Communication Contents: Because PHMSA is continuing its efforts to remove the exemption in 49 CFR 192.65(b) as requested, Safety Recommendation P-04-1 is classified OPEN—ACCEPTABLE RESPONSE.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2013-08-29

Communication Type: Official Correspondence

Communication Contents: -From Cynthia L. Quarterman, Administrator: PHMSA proposes to close this recommendation. PHMSA is currently addressing this recommendation through a rulemaking titled “Pipeline Safety: Miscellaneous Changes to Pipeline Safety Regulations.” The rule will eliminate the exemption contained within 192.65. The NPRM comment period closed in February 2012, and PHMSA’s Pipeline Advisory Committee granted approval of the proposed change in July 2012. The final rule is expected to be published by November 2013.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2014-01-03

Communication Type: Official Correspondence

Communication Contents: We understand that PHMSA is currently addressing these recommendations through a rulemaking titled Pipeline Safety: Miscellaneous Changes to Pipeline Safety Regulations and that the final rule is expected to be published by the end of 2013, eliminating the exemption contained within Title 49 Code of Federal Regulations (CFR) 192.65 (thus satisfying Safety Recommendation P-04-1), and adopting API Recommended Practice 5LT, Recommended Practice for Truck Transportation of Line Pipe (thus satisfying Safety Recommendation P-04-3.) Pending timely publication of the final rule, Safety Recommendations P-04-1 and -3 remain classified OPEN—ACCEPTABLE RESPONSE.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2015-05-15

Communication Type: Official Correspondence

Communication Contents: We are pleased that, on March 11, 2015, you published the final rule Pipeline Safety: Miscellaneous Changes to Pipeline Safety Regulations, which removes the exemption in 49 Code of Federal Regulations section 192.65, as recommended. Accordingly, Safety Recommendation P-04-1 is classified CLOSED—ACCEPTABLE ACTION.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2015-04-08

Communication Type: Official Correspondence

Communication Contents: Although nearly 10 years have passed since this recommendation was issued, we note that you expect to publish a final rule, titled Pipeline Safety: Miscellaneous Changes to Pipeline Safety Regulations, this spring to remove the exemption in 49 CFR section 192.65 and to bring the regulation into accordance with RP5Ll. Pending timely publication of the final rule, Safety Recommendation P-04-1 is classified OPEN—ACCEPTABLE RESPONSE.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2004-12-20

Communication Type: Official Correspondence

Communication Contents: The Safety Board notes that RSPA will publish a notice in the Federal Register to seek additional information on the removal of the exemption in 49 CFR 192.65(b). The notice will request public comment on the issues raised by a possible rule to remove the exemption and to determine whether expanded testing of pipe might provide an adequate alternative. RSPA will also review and consider information on vintage pipe and fatigue issues for natural gas transmission lines in reports being prepared by the Interstate Natural Gas Association of America. Because RSPA has initiated action on this issue, Safety Recommendation P-04-1 is classified OPEN -- ACCEPTABLE RESPONSE.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2008-03-18

Communication Type: Official Correspondence

Communication Contents: The Safety Board notes that PHMSA intends to address incorporating the American Petroleum Institute’s recommended practice RP 5LW in its pending miscellaneous amendments proposal. The Board also notes that the Pipeline Research Council International (PRCI) is conducting research on the impact of truck transportation of pipe. The Board notes that, because PRCI’s work may not address rail transportation of gas pipelines, PHMSA is considering publishing a notice seeking information about the existing inventories of pre-1970 pipe being kept for repairs. Accordingly, pending receipt of further information from PHMSA regarding the status of these initiatives, Safety Recommendations P-04-1 through -3 are classified OPEN -- ACCEPTABLE RESPONSE.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2007-07-31

Communication Type: Official Correspondence

Communication Contents: Letter Mail Controlled 8/8/2007 2:24:08 PM MC# 2070395: - From Stacey L. Gerard, Assistant Administrator and Chief Safety Officer: PHMSA intends to address incorporating API RP 5LW in its miscellaneous amendments proposal, which it plans to issue late this year. The Pipeline Research Council International (PRCI) is conducting research on the impact truck transportation of pipe. PRCI has a working draft which they are expected to complete by the end of 2007. Since it now appears that PRCI’s work will not address rail transportation of gas pipelines, PHMSA is considering publishing a notice seeking information of the existing inventions of pre-1970 pipe being kept for repairs.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2009-08-10

Communication Type: Official Correspondence

Communication Contents: Letter Mail Controlled 8/31/2009 2:05:44 PM MC# 2090550: - From Cynthia Douslass, Acting Deputy Administrator: This letter provides an updated response and requests the National Transportation Safety Board (NTSB) close Safety Recommendation P-04-0 1. Safety Recommendation P-04-0 1 recommends the Pipeline and Hazardous Materials Safety Administration (PHMSA) "Remove the exemption in 49 Code of Federal Regulations 192.65 (6) that permits pipe to be placed in natural gas service after pressure testing when the pipe can not be verr9ed to have been transported in accordance with the American Petroleum Institute's recommended practice RP 5Ll. " Natural gas transmission pipeline minimum safety requirements contained in 49 CFR Part 192 provide an exemption to the use of natural gas transmission pipe transported beibre November 12, 1970. The exemption requires hydrostatic testing be performed under generally more stringent conditions than other pipelines in order to verify pipe integrity. As stated in the enclosed report, the results of PHMSA analyses indicate: 'Typically. gas pipelines are not at significant risk of failure from the pressure cycle-induced growth of original manufacturing-related or transportation-related defects. PFIMSA records do not contain any known incidents involving failure of steel natural gas transmission pipe from the pressure-cycle-induced growth of original manufacturing-related or transportation-related defects. Test pressure levels of at least 1.25 times the Maximum Allowable Operating Pressure tend to eliminate the risk of failure from pressure-cycle-induced fatigue crack growth of defects, or other failure modes, for steel pipe in natural gas service. Future use of vintage. thin-wall pipe, which was transported by rail is highly unlikely, due to lack of availability of line pipe manufactured before November 12, 1970. PHMSA research and experience indicates natural gas pipelines are not at signiticant risk of failure from the pressure-cycle-induced growth of original manufacturing-related or transportation-related defects. Moreover, the exemption contained in 49 CFR 5 192.65(b) has not been demonstrated. through natural gas accident history or other data, to warrant any changes to the current regulation. Current industry practices of pressure testing, and the existing regulation, do not expose the public to increased risk of failures due to transportation-related defects. Based on these conclusions and on the information presented in the enclosed report, PHMSA requests the NTSB classify Safety Recommendation P-04-01 as "Closed-Acceptable Action."

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2010-03-15

Communication Type: Official Correspondence

Communication Contents: Letter Mail Controlled 3/16/2010 1:16:29 PM MC# 2100096: - From Cynthia L. Quarterman, Administrator: I greatly appreciated meeting with you last month concerning the National Transportation Safety Board's (NTSB) recommendations to the Pipeline and Hazardous Materials Safety Administration (PHMSA). I look forward to meeting with you again, along with staff, on Tuesday, March 16th. Your recommendations, based on lessons learned from accident investigations, provide valuable safety information to our programs. We are committed toconsidering each of the recommendations and implementing those that are positive improvements in safety. I have been meeting with PHMSA's hazmat and pipeline safety programs to assess our actions on the NTSB recommendations. We are addressing these safety issues by taking actions to assure that the "unacceptable actions" are moved into the "open-acceptable" category and to achieve a "closed-acceptable" in a timely manner on as many recommendations as possible. I recognize that a number of "open-acceptable" recommendations are works in progress and maytake a year or more to complete. You indicated your interest in getting these issues resolved as well. As you requested, I asked our pipeline and hazmat staff to compile a copy of outstanding letters to the NTSB that request a change in the classification of a recommendation. I have attached a copy of those letters and am hopeful you and I can successfully resolve a number of these issues. In addition, I have askedour Chief Safety Officer, Cindy Douglass, and our Associate Administrators, Jeff Wiese for Pipeline Safety and Magdy El-Sibaie for Hazardous Materials Safety, to meet with your staff to help us better understand each recommendation and to clarify the actions the NTSB considers necessary for closure. Again, I look forward to meeting with you on these safety concerns and believe that, together, we will make a positive difference in the safe transportation of hazardous materials, including those transported by pipelines.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2010-03-22

Communication Type: Official Correspondence

Communication Contents: Letter Mail Controlled 3/26/2010 9:21:08 AM MC# 2100117: - From Cynthia L. Quarterman, Administrator: In the letter mentioned above, PHMSA provided NTSB with a copy of our technical report on the risk of natural gas pipeline failure from the pressure-cycle-induced growth of original manufactui-ing-related or transportation-related defects. In addition to the technical report, PHMSA requested industry stakeholders to conduct a survey of pipe in inventory. Informal surveys by the lnterstate Natural Gas Association of America of natural gas transmission operators and by APl of pipe mills found no vintage pipe covered by 49 CFR 5 192.65 (b). Although the survey results are a promising indicator of the absence of vintage pipe in inventory, PHMSA believes it was still possible to have missed pipe. Therefore, we are removing the exemption in 49 CFR 5 192.65 (b) that permits pipe to he pl;lced in service when the pip? Cannot be verified to have been transported in accordance with API RP 5L1. The exemption will be removed in an upcoming Miscellaneous Rulemaking that we anticipate to publish for public comment by October 2010 and adopt in 2011. We will provide your staff additional information on the rulemaking, including notices published in the Federal Register, as soon as it is available

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2011-08-04

Communication Type: Official Correspondence

Communication Contents: CC# 201100307: - From Cynthia L. Quarterman, Administrator: The safety recommendation P-04-1 recommends PHMSA "remove the exemption in regulations that permits pipe to be placed in natural gas service after pressure testing when the pipe cannot be verified to have been transported in accordance with the American Petroleum Institute's (API) recommended practice RP5L1." Removing the exemption currently in the regulations will be addressed as part of a Miscellaneous Rulemaking through Notice of Proposed Rulemaking (NPRM), which PHMSA anticipates will be published in the Federal Register by the end of August 2011. The NPRM will have a 60-day public comment period. PHMSA estimates it will take approximately 9 months to publish a final rule following completion of the public comment period in summer of 2012.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2015-01-22

Communication Type: Official Correspondence

Communication Contents: -From Timothy P. Butters, Acting Administrator: PHMSA is drafting a final rule titled "Pipeline Safety: Miscellaneous Changes to Pipeline Safety Regulations," which removes the exemption in 49 C.F.R. § 192.65 and brings the regulation into accordance with the API's recommended practice RP5Ll. The NPRM comment period closed in February 2012, and PHMSA's Pipeline Advisory Committee voted in support of the proposed change in July 2012. The final rule is currently under agency review, and our anticipated publication date is Spring 2015.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2015-04-06

Communication Type: Official Correspondence

Communication Contents: Timothy P. Butters, Acting Administrator: On March 11, 2015, PHMSA published a final rule titled “Pipeline Safety: Miscellaneous Changes to Pipeline Safety Regulations,” which removes the exemption in 49 C.F.R. § 192.65 and brings the regulation into accordance with the API’s recommended practice RP5L1. PHMSA continues to make significant progress in continuous improvement of agencies of the pipeline safety program and seriously recognize our responsibility to fully address all NTSB recommendations. We therefore request your consideration for closing Recommendation P-04-1. We will continue to work aggressively and without delay to close all remaining open recommendations.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2004-09-23

Communication Type: Official Correspondence

Communication Contents: Letter Mail Controlled 9/27/2004 10:47:25 AM MC# 2040589 From Samuel G. Bonasso, Deputy Administrator of Research and Special Programs Administion: By the end of 2004, RSPA expects to publish a notice in the Federal Register to seek additional information on the removal of the exemption described in NTSB Safety Recommendation P-04-01. The notice will request public comment on the issues raised by a possible rule to remove the exemption and to determine whether expanded testing of pipe might provide an adequate alternative. RSPA will also review and consider information on vintage pipe and fatigue issues for natural gas transmission lines in reports being prepared by the Interstate Natural Gas Association of America (INGAA). RSPA requests that NTSB Safety Recommendations P-04-1 be classified as "OPEN - Acceptable Response" while we pursue this action.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2008-12-08

Communication Type: Official Correspondence

Communication Contents: Letter Mail Controlled 12/10/2008 3:05:08 PM MC# 2080723: - From Rick Kowalewski, Acting Assistant Administrator and Chief Safety Officer: Safety recommendation P-04-0 1 asked that PHMSA remove the exemption in regulations that permits pipe to be placed in natural gas service after pressure testing when the pipe cannot be verified to have been transported in accordance with the American Petroleum Institute’s (API) recommended practice RP5Ll. PHMSA anticipates requesting the NTSB to rescind this recommendation based on information PHMSA gathered on cyclic fatigue in natural gas transmission pipelines and the unlikely presence of pre-November 12, 1970 line pipe in operators’ inventories. A report articulating this position will be prepared for submission to the NTSB in December 2008.

Addressee Acronym: RSPA

Addressee Organization Type: G-Federal Government

Communication Date: 2006-04-14

Communication Type: Official Correspondence

Communication Contents: In its 4/14/2006 report to Congress, "National Transportation Safety Board (NTSB) and DOT Office of Inspector General (OIG): Open Safety Recommendations on Pipeline and Hazardous Materials Safety," the DOT wrote:In early 2006 PHMSA plans to meet with pipeline industry representatives lo either develop an approach to remove the exemption or develop an alternative action: Actions will be taken to address related recommendations P-O4-02 and P-04-03.