{"operation":"document","citation":"PI-76-037","title":"Northwest Pipeline Corporation — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1976-07-14","effective_on":null,"summary":"PI-76-037 response to Northwest Pipeline Corporation concerning 192.7.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-037.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-037.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-037","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1976/PI76037.pdf","body":"<<<PAGE 1>>>\n\nJul 14 1976\nMr. John M. Viehweg\nChief Engineer\nNorthwest Pipeline Corporation\nP.O. Box 1526\nSalt Lake City, UT 84110\nDear Mr. Viehweg:\nThis responds to your letter of April 28, 1976, informing us of you plans for additional LNG\nfacilities and asking for clarifications regarding standards incorporated by reference in 49 CFR\nPart 192. As you are aware, Mr. Beheshti of your company discussed these issues with this\nOffice earlier in April. At that time, a copy of the Federal \"Regulations for the Transportation of\nNatural and Other Gas by Pipeline,\" 49 CFR Parts 191 and 192, and all subsequent amendments\nwere forwarded to you.\nYour first question asks if adoption of NFPA 59A-1975 is likely in the near future.\nAnswer: Amendment 192-22, \"Incorporation by Reference,\" shows that the 1972 edition of\nNFPA 59A will become the referenced standard effective July 1, 1976. Because we are presently\ndeveloping independent Federal regulations for LNG facilities, it is unlikely that the 1975 edition\nwill be adopted. However, for planning your new facilities, you may wish to consider that the\nLNG regulations propose to include or exceed any more stringent requirements set forth by the\nNFPA 59A-1975 edition.\nYour following Questions 2 through 5 cite specific examples where a standard which is\nincorporated by reference in Appendix A in turn incorporates other standards by reference.\nBecause the criteria which you request in Question 5 also applies to your other questions, it is\npresented at this point as follows:\nCriteria\nWhere conformance with applicable requirements of a referenced standard is set forth as a\nregulation under Part 192, only the specific edition cited in Appendix A has the standing of a\nFederal regulation.\nWhere standards are incorporated in turn through a chain of references originating from\napplicable requirements of the standard first referenced, the appropriate edition is determined as\nfollows:\ndal\\192.1-a\\7\\76-07-14\n1\n\n<<<PAGE 2>>>\n\n(a) If the standard is also referenced in Appendix A and is applicable for the same\npurposes as prescribed by Part 192, then the edition specified in Appendix A is the Federal\nregulation.\n(b) If, however, the standard is not referenced in Appendix A, or is referenced in\nAppendix A but is applicable for purposes other than as prescribed by Part 192, then either\nthe edition specified in the reference chain, or if not specified, the edition that would have\nbeen in effect on the effective date of the referential standard, is the appropriate referent\nstandard.\nQuestion 2 asks if either edition may be used when the specified edition of a referent standard\nincorporated through a chain of references differs from the edition referenced in Appendix A.\nAnswer: No, only one is applicable as determined by the foregoing criteria.\nIn Question 3 the circumstances are similar, except that the referent standard is not referenced in\nAppendix A, and you ask if a later edition than that which is specified may be used.\nAnswer: No, because the later standard has not been subject to necessary rule-making\nprocedures. Criteria set forth in paragraph (b) above applies to this determination.\nQuestion 4 is similar to Question 3, except that the edition of the referent standard incorporated\nthrough a chain of references is not specified by the referential standard but is referenced in\nAppendix A, and asks if a later edition than that which is specified in Appendix A may be used.\nAnswer: In accordance with the criteria, if the standard referenced in both Appendix A and a\nreference chain is applicable for the same purpose, then the edition referenced in Appendix A\nmust be used, and the answer to your question is \"no.\" If, however, a reference chain\nincorporates a standard for prescribing requirements which are not applicable to the regulations of\nPart 192, then the reference standard must be a particular edition, which may be either an earlier\nor later edition than that referenced in Appendix A, as determined by the criteria.\nQuestion 5 asks when a standard referenced in Appendix A successively incorporates a standard\nwhich in turn incorporates another standard and referent standards are neither specified by edition\nnor referenced in Appendix A, what criteria should an operator use in determining the applicable\nedition?\ndal\\192.1-a\\7\\76-07-14\n2\n\n<<<PAGE 3>>>\n\nAnswer: The criteria requested is presented earlier. Determination of the appropriate edition of\nthe referent standard is accordingly dependent on applicability and not necessarily on being\nreferenced in Appendix A.\nQuestion 6 asks if addenda or revisions to the applicable edition of a standard may be used.\nAnswer: Concordant with the answer to Question 3, such modifications may not be used unless\nspecifically incorporated by reference.\nWe trust this satisfactorily answers your questions and thank you for your interest in pipeline\nsafety.\nSincerely,\nCesar DeLeon\nActing Director\nOffice of Pipeline\nSafety Operations\ndal\\192.1-a\\7\\76-07-14\n3\n\n<<<PAGE 4>>>\n\nApril 28, 1976\nMr. Cesar DeLeon, Acting Director\nOffice of Pipeline Safety Operations\nMaterial Transportation Bureau\nDepartment of Transportation\nWashington, D.C. 20590\nDear Mr. DeLeon:\nNorthwest Pipeline Corporation is preparing plans for the installation of additional LNG\nfacilities at its plant near Plymouth, Washington. Bid proposals for major items of equipment are\nbeing drafted at the present time. The new facilities are scheduled to be placed in service in the\nlast quarter of 1978.\nWe have questions concerning the appropriate editions of standards for design and\nconstruction of the facilities. These questions arise when trying to coordinate the standards\nincorporated by reference in the various applicable documents.\nAlthough the comments issued with Amendment 10 to Part 192 do furnish insight, we\nneed further clarification of the requirements. These clarifications might permit the use of the\nlatest available materials and technology while providing assurance of compliance to the fullest\npossible extent. Consultants, contractors, and fabricators usually use the latest published editions\nof standards. The clarification we request below will establish a firm basis for our dealing with\nthem.\nThe following case illustrations and requests for interpretations are respectfully submitted\nfor satisfying those purposes:\n1. Citation: Question: 2. Citation: Amendment 192-22 amends Appendix A to Part 192 by\nincorporating the 1972 edition of NFPA 59A. NFPA 59A has been\npublished in a later edition (1975).\nIs there any likelihood of an amendment incorporating the 1975\nedition of NFPA 59A in the near future?\nAppendix A to Part 192 (Amendment 192-22) incorporates by\nreference Sections VIII and IX of the ASME Boiler and Pressure\nVessel Code (1974 edition). The 1972 edition of NFPA 59A lists\nthe ASME Boiler and Pressure Vessel Code (1971 edition) under\nheading of \"Definitions\" (Section 12).\ndal\\192.1-a\\7\\76-07-14\n4\n\n<<<PAGE 5>>>\n\nQuestion: 3. Citation: Question: 4. Citation: Question: 5. Citation: Question: dal\\192.1-a\\7\\76-07-14\nWhen a standard incorporated by reference in Appendix A to Part\n192 in turn incorporates another standards document by a specific\nedition, and that document is also incorporated in Appendix A to\nPart 192 but by a different edition, may an operator use either\nedition of the standard for the design and construction of LNG\nfacilities?\nNFPA 59A (1972 edition) references the 1966 edition of ANSI\nB31.3 in the text of the document (Paragraph 600). ANSI B31.3 is\nnot incorporated by reference in Appendix A to Part 192. ANSI\nB31.3 has been published in a later edition (1973).\nWhen a standard incorporated by reference in Appendix A to Part\n192 in turn incorporates another standards document by a specific\nedition, and that document is not incorporated by reference in\nAppendix A to Part 192, may an operator use an edition that is later\nthan the specified edition for the design and construction of LNG\nfacilities?\nNFPA 58 (1972 edition) and NFPA 59 (1968 edition) are\nincorporated by reference in Appendix A to Part 192. NFPA 59A\n(1972 edition) also incorporates both documents, but does not\nspecify the edition. Both documents have been published in a later\nedition (1974).\nWhen a standard incorporated by reference in Appendix A to Part\n192 in turn incorporates another standards document but does\nspecify the edition, and that document is incorporated in Appendix\nA to Part 192, may an operator use an edition later than the edition\nspecified in Appendix A to Part 192 for the design and construction\nof LNG facilities?\nEleven NFPA standards are incorporated in NFPA 59A (1972\nedition) without reference to an edition. The edition of API\nStandard 620 incorporated by reference in NFPA 59A (1972\nedition) is not specified. ANSI B96.1 is incorporated by reference\nin Supplement No. 1 to the fifth edition of API Standard 620, but\nthe edition is not specified. With the exception of three of the\nNFPA standards, none of the referenced documents are\nincorporated in Appendix A to Part 192.\nWhen a standard incorporated by reference in Appendix A to Part\n192 in turn incorporates another standards document, and, in some\n5\n\n<<<PAGE 6>>>\n\nCitation: cases, that document in turn incorporates another standard\ndocument, but in neither case are the applicable editions specified\nnor are the documents incorporated in Appendix A to Part 192,\nwhat criteria should an operator use in determining the applicable\nedition for the design and construction of LNG facilities?\n6. Addenda to the 1974 edition of the ASME Code have been\npublished. Appendix A to Part 192 does not reference the addenda.\nQuestion: May an operator use addenda or interim revisions to the applicable\nedition of a standard for the design and construction of LNG\nfacilities?\nThank your for consideration of our questions.\nSincerely,\nJohn M. Viehweg\nChief Engineer\ndal\\192.1-a\\7\\76-07-14\n6","truncated":false,"body_characters":9912}