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49

Parts 186 to 199


Revised as of October 1, 2007

Transportation

Containing a codification of documents


of general applicability and future effect

As of October 1, 2007

With Ancillaries

Published by
Office of the Federal Register
National Archives and Records
Administration

A Special Edition of the Federal Register


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U.S. GOVERNMENT OFFICIAL EDITION NOTICE

Legal Status and Use of Seals and Logos


The seal of the National Archives and Records Administration
(NARA) authenticates the Code of Federal Regulations (CFR) as
the official codification of Federal regulations established under
the Federal Register Act. Under the provisions of 44 U.S.C. 1507, the
contents of the CFR, a special edition of the Federal Register, shall
be judicially noticed. The CFR is prima facie evidence of the origi-
nal documents published in the Federal Register (44 U.S.C. 1510).
It is prohibited to use NARA’s official seal and the stylized Code
of Federal Regulations logo on any republication of this material
without the express, written permission of the Archivist of the
United States or the Archivist’s designee. Any person using
NARA’s official seals and logos in a manner inconsistent with the
provisions of 36 CFR part 1200 is subject to the penalties specified
in 18 U.S.C. 506, 701, and 1017.

Use of ISBN Prefix


This is the Official U.S. Government edition of this publication
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Table of Contents
Page
Explanation ................................................................................................ v

Title 49:

Subtitle B—Other Regulations Relating to Transportation (Contin-


ued)

Chapter I—Pipeline and Hazardous Materials Safety Administra-


tion, Department of Transportation (Continued) ........................ 5

Finding Aids:

Material Approved for Incorporation by Reference ............................ 239

Table of CFR Titles and Chapters ....................................................... 245

Alphabetical List of Agencies Appearing in the CFR ......................... 263

List of CFR Sections Affected ............................................................. 273


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Cite this Code: CFR

To cite the regulations in


this volume use title,
part and section num-
ber. Thus, 49 CFR 190.1
refers to title 49, part
190, section 1.
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Explanation
The Code of Federal Regulations is a codification of the general and permanent
rules published in the Federal Register by the Executive departments and agen-
cies of the Federal Government. The Code is divided into 50 titles which represent
broad areas subject to Federal regulation. Each title is divided into chapters
which usually bear the name of the issuing agency. Each chapter is further sub-
divided into parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year and issued
on a quarterly basis approximately as follows:
Title 1 through Title 16..............................................................as of January 1
Title 17 through Title 27 .................................................................as of April 1
Title 28 through Title 41 ..................................................................as of July 1
Title 42 through Title 50 .............................................................as of October 1
The appropriate revision date is printed on the cover of each volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially noticed (44
U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text
of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual issues
of the Federal Register. These two publications must be used together to deter-
mine the latest version of any given rule.
To determine whether a Code volume has been amended since its revision date
(in this case, October 1, 2007), consult the ‘‘List of CFR Sections Affected (LSA),’’
which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which
appears in the Reader Aids section of the daily Federal Register. These two lists
will identify the Federal Register page number of the latest amendment of any
given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal Reg-
ister since the last revision of that volume of the Code. Source citations for
the regulations are referred to by volume number and page number of the Federal
Register and date of publication. Publication dates and effective dates are usu-
ally not the same and care must be exercised by the user in determining the
actual effective date. In instances where the effective date is beyond the cut-
off date for the Code a note has been inserted to reflect the future effective
date. In those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be inserted following
the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies
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to display an OMB control number with their information collection request.

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Many agencies have begun publishing numerous OMB control numbers as amend-
ments to existing regulations in the CFR. These OMB numbers are placed as
close as possible to the applicable recordkeeping or reporting requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on the cover
of each volume are not carried. Code users may find the text of provisions in
effect on a given date in the past by using the appropriate numerical list of
sections affected. For the period before January 1, 2001, consult either the List
of CFR Sections Affected, 1949–1963, 1964–1972, 1973–1985, or 1986–2000, published
in 11 separate volumes. For the period beginning January 1, 2001, a ‘‘List of CFR
Sections Affected’’ is published at the end of each CFR volume.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was established
by statute and allows Federal agencies to meet the requirement to publish regu-
lations in the Federal Register by referring to materials already published else-
where. For an incorporation to be valid, the Director of the Federal Register
must approve it. The legal effect of incorporation by reference is that the mate-
rial is treated as if it were published in full in the Federal Register (5 U.S.C.
552(a)). This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the Federal Register
will approve an incorporation by reference only when the requirements of 1 CFR
part 51 are met. Some of the elements on which approval is based are:
(a) The incorporation will substantially reduce the volume of material pub-
lished in the Federal Register.
(b) The matter incorporated is in fact available to the extent necessary to
afford fairness and uniformity in the administrative process.
(c) The incorporating document is drafted and submitted for publication in
accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are listed in the
Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If you have any
problem locating or obtaining a copy of material listed in the Finding Aids of
this volume as an approved incorporation by reference, please contact the agency
that issued the regulation containing that incorporation. If, after contacting the
agency, you find the material is not available, please notify the Director of the
Federal Register, National Archives and Records Administration, Washington DC
20408, or call 202-741-6010.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a separate
volume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS.
This volume contains the Parallel Table of Statutory Authorities and Agency
Rules (Table I). A list of CFR titles, chapters, and parts and an alphabetical
list of agencies publishing in the CFR are also included in this volume.
An index to the text of ‘‘Title 3—The President’’ is carried within that volume.
The Federal Register Index is issued monthly in cumulative form. This index
is based on a consolidation of the ‘‘Contents’’ entries in the daily Federal Reg-
ister.
A List of CFR Sections Affected (LSA) is published monthly, keyed to the
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revision dates of the 50 CFR titles.

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REPUBLICATION OF MATERIAL
There are no restrictions on the republication of textual material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this volume,
contact the issuing agency. The issuing agency’s name appears at the top of
odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-741-6000 or write
to the Director, Office of the Federal Register, National Archives and Records
Administration, Washington, DC 20408 or e-mail fedreg.info@nara.gov.
SALES
The Government Printing Office (GPO) processes all sales and distribution of
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512-1800, M-F, 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2250, 24 hours
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Orders, P.O. Box 979050, St. Louis, MO 63197-9000. For GPO Customer Service call
202-512-1803.
ELECTRONIC SERVICES
The full text of the Code of Federal Regulations, the LSA (List of CFR Sections
Affected), The United States Government Manual, the Federal Register, Public
Laws, Public Papers, Weekly Compilation of Presidential Documents and the Pri-
vacy Act Compilation are available in electronic format at www.gpoaccess.gov/
nara (‘‘GPO Access’’). For more information, contact Electronic Information Dis-
semination Services, U.S. Government Printing Office. Phone 202-512-1530, or 888-
293-6498 (toll-free). E-mail, gpoaccess@gpo.gov.
The Office of the Federal Register also offers a free service on the National
Archives and Records Administration’s (NARA) World Wide Web site for public
law numbers, Federal Register finding aids, and related information. Connect
to NARA’s web site at www.archives.gov/federal-register. The NARA site also con-
tains links to GPO Access.

RAYMOND A. MOSLEY,
Director,
Office of the Federal Register.
October 1, 2007.
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THIS TITLE

Title 49—TRANSPORTATION is composed of nine volumes. The parts in these vol-


umes are arranged in the following order: Parts 1–99, parts 100–185, parts 186–
199, parts 200–299, parts 300–399, parts 400–599, parts 600–999, parts 1000–1199, part
1200 to End. The first volume (parts 1–99) contains current regulations issued
under subtitle A—Office of the Secretary of Transportation; the second volume
(parts 100–185) and the third volume (parts 186–199) contain the current regula-
tions issued under chapter I—Pipeline and Hazardous Materials Safety Adminis-
tration (DOT); the fourth volume (parts 200–299) contains the current regulations
issued under chapter II—Federal Railroad Administration (DOT); the fifth volume
(parts 300–399) contains the current regulations issued under chapter III—Federal
Motor Carrier Safety Administration (DOT); the sixth volume (parts 400–599) con-
tains the current regulations issued under chapter IV—Coast Guard (DHS), chap-
ter V—National Highway Traffic Safety Administration (DOT); the seventh vol-
ume (parts 600–999) contains the current regulations issued under chapter VI—
Federal Transit Administration (DOT), chapter VII—National Railroad Passenger
Corporation (AMTRAK), and chapter VIII—National Transportation Safety
Board; the eighth volume (parts 1000–1199) contains the current regulations issued
under chapter X—Surface Transportation Board and the ninth volume (part 1200
to End) contains the current regulations issued under chapter X—Surface Trans-
portation Board, chapter XI—Research and Innovative Technology Administra-
tion, and chapter XII—Transportation Security Administration, Department of
Transportation. The contents of these volumes represent all current regulations
codified under this title of the CFR as of October 1, 2007.

In the volume containing parts 100–185, see § 172.101 for the Hazardous Materials
Table. The Federal Motor Vehicle Safety Standards appear in part 571.

Redesignation tables for chapter III—Federal Motor Carrier Safety Administra-


tion, Department of Transportation and chapter XII—Transportation Security
Administration, Department of Transportation appear in the Finding Aids sec-
tion of the fifth and ninth volumes.

For this volume, Moja N. Mwaniki was Chief Editor. The Code of Federal Regu-
lations publication program is under the direction of Michael L. White, assisted
by Ann Worley.
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Title 49—Transportation
(This book contains parts 186 to 199)

EDITORIAL NOTE: Other regulations issued by the Department of Transportation appear in


14 CFR chapters I and II, 23 CFR, 33 CFR chapters I and IV, 44 CFR chapter IV, 46 CFR chap-
ters I through III, 48 CFR chapter 12, and 49 CFR chapters I through VI.

Part

SUBTITLE B—OTHER REGULATIONS RELATING TO TRANSPORTATION


(CONTINUED)

CHAPTER I—Research and Special Programs Administra-


tion, Department of Transportation (Continued) .............. 190
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Subtitle B—Other Regulations
Relating to Transportation
(Continued)
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CHAPTER I—PIPELINE AND HAZARDOUS
MATERIALS SAFETY ADMINISTRATION,
DEPARTMENT OF TRANSPORTATION
(CONTINUED)

SUBCHAPTER D—PIPELINE SAFETY

Part Page
190 Pipeline safety programs and rulemaking proce-
dures ..................................................................... 7
191 Transportation of natural and other gas by pipe-
line; annual reports, incident reports, and safety-
related condition reports ..................................... 23
192 Transportation of natural and other gas by pipe-
line: minimum Federal safety standards ............. 28
193 Liquefied natural gas facilities: Federal safety
standards .............................................................. 128
194 Response plans for onshore oil pipelines ................. 147
195 Transportation of hazardous liquids by pipeline ..... 157
196–197 [Reserved]
198 Regulations for grants to aid state pipeline safety
programs .............................................................. 217
199 Drug and alcohol testing ......................................... 220
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SUBCHAPTER D—PIPELINE SAFETY

PART 190—PIPELINE SAFETY PRO- 190.325 Additional rulemaking proceedings.


190.327 Hearings.
GRAMS AND RULEMAKING PRO- 190.329 Adoption of final rules.
CEDURES 190.331 Petitions for rulemaking.
190.333 Processing of petition.
Subpart A—General 190.335 Petitions for reconsideration.
Sec. 190.337 Proceedings on petitions for recon-
190.1 Purpose and scope. sideration.
190.3 Definitions. 190.338 Appeals.
190.5 Service. 190.339 Direct final rulemaking.
190.7 Subpoenas; witness fees.
190.9 Petitions for finding or approval. AUTHORITY: 33 U.S.C. 1321; 49 U.S.C. 5101–
190.11 Availability of informal guidance and 5127, 60101 et seq.; 49 CFR 1.53.
interpretive assistance. SOURCE: 45 FR 20413, Mar. 27, 1980, unless
otherwise noted.
Subpart B—Enforcement
190.201 Purpose and scope. Subpart A—General
190.203 Inspections and investigations.
190.205 Warning letters. § 190.1 Purpose and scope.
190.207 Notice of probable violation.
190.209 Response options. (a) This part prescribes procedures
190.211 Hearing. used by the Pipeline and Hazardous
190.213 Final order. Materials Safety Administration in
190.215 Petitions for reconsideration. carrying out duties regarding pipeline
COMPLIANCE ORDERS safety under 49 U.S.C. 60101 et seq. (the
pipeline safety laws) and 49 U.S.C. 5101
190.217 Compliance orders generally.
190.219 Consent order.
et seq. (the hazardous material trans-
portation laws).
CIVIL PENALTIES (b) This subpart defines certain terms
190.221 Civil penalties generally. and prescribes procedures that are ap-
190.223 Maximum penalties. plicable to each proceeding described
190.225 Assessment considerations. in this part.
190.227 Payment of penalty.
[45 FR 20413, Mar. 27, 1980, as amended by
CRIMINAL PENALTIES Amdt. 190–6, 61 FR 18512, Apr. 26, 1996; 70 FR
190.229 Criminal penalties generally. 11137, Mar. 8, 2005]
190.231 Referral for prosecution.
§ 190.3 Definitions.
SPECIFIC RELIEF
As used in this part:
190.233 Corrective action orders. Administrator means the Adminis-
190.235 Injunctive action. trator, Pipeline and Hazardous Mate-
190.237 Amendment of plans or procedures.
rials Safety Administration or his or
Subpart C—Procedures for Adoption of her delegate.
Rules Hearing means an informal con-
ference or a proceeding for oral presen-
190.301 Scope. tation. Unless otherwise specifically
190.303 Delegations.
prescribed in this part, the use of
190.305 Regulatory dockets.
190.307 Records. ‘‘hearing’’ is not intended to require a
190.309 Where to file petitions. hearing on the record in accordance
190.311 General. with section 554 of title 5, U.S.C.
190.313 Initiation of rulemaking. OPS means the Office of Pipeline
190.315 Contents of notices of proposed rule- Safety, which is part of the Pipeline
making. and Hazardous Materials Safety Ad-
190.317 Participation by interested persons.
190.319 Petitions for extension of time to
ministration, U.S. Department of
comment. Transportation.
190.321 Contents of written comments. Person means any individual, firm,
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190.323 Consideration of comments received. joint venture, partnership, corporation,

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§ 190.5 49 CFR Ch. I (10–1–07 Edition)

association, State, municipality, coop- that the information sought will mate-
erative association, or joint stock asso- rially advance the proceeding.
ciation, and includes any trustee, re- (b) A subpoena may require the at-
ceiver, assignee, or personal represent- tendance of a witness, or the produc-
ative thereof. tion of documentary or other tangible
Presiding Official means the person evidence in the possession or under the
who conducts any hearing relating to control of person served, or both.
civil penalty assessments, compliance (c) A subpoena may be served person-
orders or hazardous facility orders. ally by any person who is not an inter-
Regional Director means the head of ested person and is not less than 18
any one of the Regional Offices of the years of age, or by certified or reg-
Office of Pipeline Safety, or a designee istered mail.
appointed by the Regional Director. (d) Service of a subpoena upon the
Regional Offices are located in Wash- person named therein shall be made by
ington, DC (Eastern Region); Atlanta, delivering a copy of the subpoena to
Georgia (Southern Region); Kansas such person and by tendering the fees
City, Missouri (Central Region); Hous- for one day’s attendance and mileage
ton, Texas (Southwest Region); and as specified by paragraph (g) of this
Lakewood, Colorado (Western Region). section. When a subpoena is issued at
Respondent means a person upon the instance of any officer or agency of
whom the OPS has served a notice of the United States, fees and mileage
probable violation. need not be tendered at the time of
PHMSA means the Pipeline and Haz- service. Delivery of a copy of a sub-
ardous Materials Safety Administra- poena and tender of the fees to a nat-
tion of the United States Department ural person may be made by handing
of Transportation. them to the person, leaving them at
State means a State of the United the person’s office with the person in
States, the District of Columbia and charge thereof, leaving them at the
the Commonwealth of Puerto Rico. person’s dwelling place or usual place
of abode with some person of suitable
[Amdt. 190–6, 61 FR 18513, Apr. 26, 1996, as age and discretion then residing there-
amended at 68 FR 11749, Mar. 12, 2003; 70 FR in, by mailing them by registered or
11137, Mar. 8, 2005]
certified mail to the person at the last
§ 190.5 Service. known address, or by any method
whereby actual notice is given to the
(a) Each order, notice, or other docu- person and the fees are made available
ment required to be served under this prior to the return date.
part shall be served personally or by (e) When the person to be served is
registered or certified mail. not a natural person, delivery of a copy
(b) Service upon a person’s duly au- of the subpoena and tender of the fees
thorized representative or agent con- may be effected by handing them to a
stitutes service upon that person. designated agent or representative for
(c) Service by registered or certified service, or to any officer, director, or
mail is complete upon mailing. An offi- agent in charge of any office of the per-
cial U. S. Postal Service receipt from son, or by mailing them by registered
the registered or certified mailing con- or certified mail to that agent or rep-
stitutes prima facie evidence of serv- resentative and the fees are made
ice. available prior to the return date.
(f) The original subpoena bearing a
§ 190.7 Subpoenas; witness fees. certificate of service shall be filed with
(a) The Administrator, PHMSA, the the official having responsibility for
Chief Counsel, PHMSA, or the official the proceeding in connection with
designated by the Administrator, which the subpoena was issued.
PHMSA, to preside over a hearing con- (g) A subpoenaed witness shall be
vened in accordance with this part, paid the same fees and mileage as
may sign and issue subpoenas individ- would be paid to a witness in a pro-
ually on their own initiative or, upon ceeding in the district courts of the
request and adequate showing by any United States. The witness fees and
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Pipeline and Hazardous Materials Safety Administration, DOT § 190.9

whose instance the subpoena was an operator may petition the Adminis-
issued. trator for such a finding or approval.
(h) Notwithstanding the provisions of (b) Each petition must refer to the
paragraph (g) of this section, and upon rule authorizing the action sought and
request, the witness fees and mileage contain information or arguments that
may be paid by the PHMSA if the offi- justify the action. Unless otherwise
cial who issued the subpoena deter- specified, no public proceeding is held
mines on the basis of good cause on a petition before it is granted or de-
shown, that: nied. After a petition is received, the
(1) The presence of the subpoenaed Administrator or participating state
witness will materially advance the agency notifies the petitioner of the
proceeding; and disposition of the petition or, if the re-
(2) The person at whose instance the quest requires more extensive consider-
subpoena was issued would suffer a se- ation or additional information or
rious hardship if required to pay the comments are requested and delay is
witness fees and mileage. expected, of the date by which action
(i) Any person to whom a subpoena is will be taken.
directed may, prior to the time speci-
(1) For operators seeking a finding or
fied therein for compliance, but in no
approval involving intrastate pipeline
event more than 10 days after the date
of service of such subpoena, apply to transportation, petitions must be sent
the official who issued the subpoena, or to:
if the person is unavailable, to the Ad- (i) The State agency certified to par-
ministrator, PHMSA to quash or mod- ticipate under 49 U.S.C. 60105.
ify the subpoena. The application shall (ii) Where there is no state agency
contain a brief statement of the rea- certified to participate, the Adminis-
sons relied upon in support of the ac- trator, Pipeline and Hazardous Mate-
tion sought therein. The Adminis- rials Safety Administration, 400 7th
trator, PHMSA, or this issuing official, Street SW., Washington, DC 20590.
as the case may be, may: (2) For operators seeking a finding or
(1) Deny the application; approval involving interstate pipeline
(2) Quash or modify the subpoena; or transportation, petitions must be sent
(3) Condition a grant or denial of the to the Administrator, Pipeline and
application to quash or modify the sub- Hazardous Materials Safety Adminis-
poena upon the satisfaction of certain tration, 400 7th Street SW., Wash-
just and reasonable requirements. The ington, DC 20590.
denial may be summary. (c) All petitions must be received at
(j) Upon refusal to obey a subpoena least 90 days prior to the date by which
served upon any person under the pro- the operator requests the finding or ap-
visions of this section, the PHMSA proval to be made.
may request the Attorney General to (d) The Administrator will make all
seek the aid of the U. S. District Court findings or approvals of petitions initi-
for any District in which the person is
ated under this section. A participating
found to compel that person, after no-
state agency receiving petitions initi-
tice, to appear and give testimony, or
to appear and produce the subpoenaed ated under this section shall provide
documents before the PHMSA, or both. the Administrator a written rec-
ommendation as to the disposition of
[45 FR 20413, Mar. 27, 1980, as amended by any petition received by them. Where
Amdt. 190–6, 61 FR 18513, Apr. 26, 1996; Amdt. the Administrator does not reverse or
190–7, 63 FR 7722, Feb. 17, 1998; 70 FR 11137,
Mar. 8, 2005]
modify a recommendation made by a
state agency within 10 business days of
§ 190.9 Petitions for finding or ap- its receipt, the recommended disposi-
proval. tion shall constitute the Administra-
(a) In circumstances where a rule tor’s decision on the petition.
contained in parts 192, 193 and 195 of [Amdt. 190–5, 59 FR 17280, Apr. 12, 1994, as
this chapter authorizes the Adminis- amended by Amdt. 190–6, 61 FR 18513, Apr. 26,
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trator to make a finding or approval, 1996; 70 FR 11137, Mar. 8, 2005]

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§ 190.11 49 CFR Ch. I (10–1–07 Edition)

§ 190.11 Availability of informal guid- and should also include a daytime tele-
ance and interpretive assistance. phone number.
(a) Availability of telephonic and Inter- [62 FR 24057, May 2, 1997; 62 FR 34415, June 26,
net assistance. (1) PHMSA has estab- 1997, as amended at 70 FR 11137, Mar. 8, 2005]
lished a website on the Internet and a
telephone line at the Office of Pipeline Subpart B—Enforcement
Safety headquarters where small oper-
ators and others can obtain informa- § 190.201 Purpose and scope.
tion on and advice about compliance (a) This subpart describes the en-
with pipeline safety regulations, 49 forcement authority and sanctions ex-
CFR parts 190–199. The website and ercised by the Associate Adminis-
telephone line are staffed by personnel trator, OPS for achieving and main-
from PHMSA’s Office of Pipeline Safe- taining pipeline safety. It also pre-
ty from 9:00 a.m. through 5:00 p.m., scribes the procedures governing the
Eastern time, Monday through Friday, exercise of that authority and the im-
except Federal holidays. When the position of those sanctions.
lines are not staffed, individuals may (b) A person who is the subject of ac-
leave a recorded voicemail message, or tion pursuant to this subpart may be
post a message at the OPS website. All represented by legal counsel at all
messages will receive a response by the stages of the proceeding.
following business day. The telephone
number for the OPS information line is [45 FR 20413, Mar. 27, 1980, as amended by
(202) 366–0918 and the OPS website can Amdt. 190–6, 61 FR 18513, Apr. 26, 1996]
be accessed via the Internet at http://
ops.dot.gov. § 190.203 Inspections and investiga-
tions.
(2) PHMSA’s Office of the Chief Coun-
sel (OCC) is available to answer ques- (a) Officers, employees, or agents au-
tions concerning Federal pipeline safe- thorized by the Associate Adminis-
ty law, 49 U.S.C. 60101 et seq. OCC may trator for Pipeline Safety, PHMSA,
be contacted by telephone (202–366–4400) upon presenting appropriate creden-
from 9:00 a.m. to 4:00 p.m. Eastern tials, are authorized to enter upon, in-
time, Monday through Friday, except spect, and examine, at reasonable
Federal holidays. Information and times and in a reasonable manner, the
guidance concerning Federal pipeline records and properties of persons to the
safety law may also be obtained by extent such records and properties are
contacting OCC via the Internet at relevant to determining the compli-
http://rspa-atty.dot.gov. ance of such persons with the require-
(b) Availability of Written Interpreta- ments of 49 U.S.C. 60101 et seq., or regu-
tions. (1) A written regulatory interpre- lations or orders issued thereunder.
tation, response to a question, or an (b) Inspections are ordinarily con-
opinion concerning a pipeline safety ducted pursuant to one of the fol-
issue may be obtained by submitting a lowing:
written request to the Office of Pipe- (1) Routine scheduling by the Re-
line Safety (DPS–10), PHMSA, U.S. De- gional Director of the Region in which
partment of Transportation, 400 Sev- the facility is located;
enth Street, SW., Washington, DC (2) A complaint received from a mem-
20590–0001. The requestor must include ber of the public;
his or her return address and should (3) Information obtained from a pre-
also include a daytime telephone num- vious inspection;
ber. (4) Report from a State Agency par-
(2) A written interpretation regard- ticipating in the Federal Program
ing Federal pipeline safety law, 49 under 49 U.S.C. 60105;
U.S.C 60101 et seq., may be obtained (5) Pipeline accident or incident; or
from the Office of the Chief Counsel, (6) Whenever deemed appropriate by
PHMSA, U.S. Department of Transpor- the Administrator, PHMSA or his des-
tation, 400 Seventh Street, SW., Wash- ignee.
ington, DC 20590–0001. The requestor (c) If, after an inspection, the Asso-
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10

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Pipeline and Hazardous Materials Safety Administration, DOT § 190.209

further information is needed to deter- § 190.207 Notice of probable violation.


mine appropriate action, the Associate
(a) Except as otherwise provided by
Administrator, OPS may send the
this subpart, a Regional Director be-
owner or operator a ‘‘Request for Spe-
gins an enforcement proceeding by
cific Information’’ to be answered with-
serving a notice of probable violation
in 45 days after receipt of the letter.
on a person charging that person with
(d) To the extent necessary to carry a probable violation of 49 U.S.C. 60101 et
out the responsibilities under 49 U.S.C. seq. or any regulation or order issued
60101 et seq., the Administrator, thereunder.
PHMSA or the Associate Adminis- (b) A notice of probable violation
trator, OPS may require testing of por- issued under this section shall include:
tions of pipeline facilities that have (1) Statement of the provisions of the
been involved in, or affected by, an ac- laws, regulations or orders which the
cident. However, before exercising this respondent is alleged to have violated
authority, the Administrator, PHMSA and a statement of the evidence upon
or the Associate Administrator, OPS which the allegations are based;
shall make every effort to negotiate a (2) Notice of response options avail-
mutually acceptable plan with the able to the respondent under § 190.209;
owner of those facilities and, where ap- (3) If a civil penalty is proposed under
propriate, the National Transportation § 190.221, the amount of the proposed
Safety Board for performing the test- civil penalty and the maximum civil
ing. penalty for which respondent is liable
(e) If a representative of the DOT in- under law; and
vestigates an incident involving a pipe- (4) If a compliance order is proposed
line facility, OPS may request that the under § 190.217, a statement of the re-
operator make available to the rep- medial action being sought in the form
resentative all records and information of a proposed compliance order.
that pertain to the incident in any (c) The Associate Administrator,
way, including integrity management OPS may amend a notice of probable
plans and test results, and that the op- violation at any time prior to issuance
erator afford all reasonable assistance of a final order under § 190.213. If an
in the investigation. amendment includes any new material
(f) When the information obtained allegations of fact or proposes an in-
from an inspection or from other ap- creased civil penalty amount or new or
propriate sources indicates that fur- additional remedial action under
ther OPS action is warranted, the OPS § 190.217, the respondent shall have the
may issue a warning letter under opportunity to respond under § 190.209.
§ 190.205 or initiate one or more of the
enforcement proceedings prescribed in [45 FR 20413, Mar. 27, 1980, as amended by
§§ 190.207 through 190.235. Amdt. 190–6, 61 FR 18513, Apr. 26, 1996]

[45 FR 20413, Mar. 27, 1980, as amended by § 190.209 Response options.


Amdt. 190–3, 56 FR 31090, July 9, 1991; Amdt.
Within 30 days of receipt of a notice
190–6, 61 FR 18513, Apr. 26, 1996; Amdt. 190–7,
61 FR 27792, June 3, 1996; Amdt. 190–7, 63 FR of probable violation, the respondent
7722, Feb. 17, 1998; 70 FR 11137, Mar. 8, 2005] shall respond to the Regional Director
who issued the notice in the following
§ 190.205 Warning letters. way:
(a) When the notice contains a pro-
Upon determining that a probable
posed civil penalty—
violation of 49 U.S.C. 60101 et seq. or
(1) Pay the proposed civil penalty as
any regulation or order issued there-
provided in § 190.227 and close the case
under has occurred, the Associate Ad-
with prejudice to the respondent;
ministrator, OPS, may issue a Warning
(2) Submit written explanations, in-
Letter notifying the owner or operator
formation or other materials in answer
of the probable violation and advising
to the allegations or in mitigation of
the owner or operator to correct it or
the proposed civil penalty; or
be subject to enforcement action under
(3) Request a hearing under § 190.211.
§§ 190.207 through 190.235.
(b) When the notice contains a pro-
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[Amdt. 190–6, 61 FR 38403, July 24, 1996] posed compliance order—

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§ 190.211 49 CFR Ch. I (10–1–07 Edition)

(1) Agree to the proposed compliance serves as the presiding official at the
order; hearing.
(2) Request the execution of a con- (d) The hearing is conducted infor-
sent order under § 190.219; mally without strict adherence to rules
(3) Object to the proposed compliance of evidence. The respondent may sub-
order and submit written explanations, mit any relevant information and ma-
information or other materials in an- terial and call witnesses on the re-
swer to the allegations in the notice of spondent’s behalf. The respondent may
probable violation; or also examine the evidence and wit-
(4) Request a hearing under § 190.211. nesses presented by the government.
(c) Failure of the respondent to re- No detailed record of a hearing is pre-
spond in accordance with paragraph (a) pared.
of this section or, when applicable, (e) Upon request by respondent, and
paragraph (c) of this section, con- whenever practicable, the material in
stitutes a waiver of the right to con- the case file pertinent to the issues to
test the allegations in the notice of be determined is provided to the re-
probable violation and authorizes the spondent 30 days before the hearing.
Associate Administrator, OPS, without The respondent may respond to or
further notice to the respondent, to rebut this material at the hearing.
find facts to be as alleged in the notice (f) During the hearing, the respond-
of probable violation and to issue a ent may offer any facts, statements,
final order under § 190.213. explanations, documents, testimony or
other items which are relevant to the
[45 FR 20413, Mar. 27, 1980, as amended by issues under consideration.
Amdt. 190–1, 53 FR 1635, Jan. 21, 1988; Amdt. (g) At the close of the respondent’s
190–6, 61 FR 18513, Apr. 26, 1996; Amdt. 190–7, presentation, the presiding official
61 FR 27792, June 3, 1996; Amdt. 190–7, 63 FR may present or allow the presentation
7722, Feb. 17, 1998]
of any OPS rebuttal information. The
§ 190.211 Hearing. respondent may then respond to that
information.
(a) A request for a hearing provided (h) After the evidence in the case has
for in this part must be accompanied been presented, the presiding official
by a statement of the issues that the shall permit argument on the issues
respondent intends to raise at the hear- under consideration.
ing. The issues may relate to the alle- (i) The respondent may also request
gations in the notice, the proposed cor- an opportunity to submit further writ-
rective action (including a proposed ten materal for inclusion in the case
amendment, a proposed compliance file. The presiding official shall allow a
order, or a proposed hazardous facility reasonable time for the submission of
order), or the proposed civil penalty the material and shall specify the date
amount. A respondent’s failure to by which it must be submitted. If the
specify an issue may result in waiver of material is not submitted within the
the respondent’s right to raise that time prescribed, the case shall proceed
issue at the hearing. The respondent’s to final action without the material.
request must also indicate whether or (j) After submission of all materials
not the respondent will be represented during and after the hearing, the pre-
by counsel at the hearing. siding official shall prepare a written
(b) A telephone hearing will be held if recommendation as to final action in
the amount of the proposed civil pen- the case. This recommendation, along
alty or the cost of the proposed correc- with any material submitted during
tive action is less than $10,000, unless and after the hearing, shall be included
the respondent submits a written re- in the case file which is forwarded to
quest for an in-person hearing. Hear- the Associate Administrator, OPS for
ings are held in a location agreed upon final administrative action.
by the presiding official, OPS and the
[45 FR 20413, Mar. 17, 1980, as amended by
respondent. Amdt. 190–3, 56 FR 31090, July 9, 1991; Amdt.
(c) An attorney from the Office of the 190–6, 61 FR 18514, Apr. 26, 1996; Amdt. 190–7,
Chief Counsel, Pipeline and Hazardous 61 FR 27792, June 3, 1996; 70 FR 11137, Mar. 8,
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Materials Safety Administration, 2005]

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Pipeline and Hazardous Materials Safety Administration, DOT § 190.215

§ 190.213 Final order. date by which it is expected that ac-


(a) After a hearing under § 190.211 or, tion will be taken is provided to the re-
if no hearing has been held, after expi- spondent upon request and whenever
ration of the 30 day response period practicable.
prescribed in § 190.209, the case file of [45 FR 20413, Mar. 27, 1980, as amended by
an enforcement proceeding commenced Amdt. 190–6, 61 FR 18514, Apr. 26, 1996; 70 FR
under § 190.207 is forwarded to the Asso- 11137, Mar. 8, 2005]
ciate Administrator, OPS for issuance
of a final order. § 190.215 Petitions for reconsideration.
(b) The case file of an enforcement (a) A respondent may petition the
proceeding commenced under § 190.207 Associate Administrator, OPS for re-
includes:
consideration of a final order issued
(1) The inspection reports and any
under § 190.213. It is requested, but not
other evidence of alleged violations;
(2) A copy of the notice of probable required, that three copies be sub-
violation issued under § 190.207; mitted. The petition must be received
(3) Material submitted by the re- no later than 20 days after service of
spondent in accord with § 190.209 in re- the final order upon the respondent.
sponse to the notice of probable viola- Petitions received after that time will
tion; not be considered. The petition must
(4) The Regional Director’s evalua- contain a brief statement of the com-
tion of response material submitted by plaint and an explanation as to why
the respondent and recommendation the effectiveness of the final order
for final action to be taken under this should be stayed.
section; and (b) If the respondent requests the
(5) In cases involving a § 190.211 hear- consideration of additional facts or ar-
ing, any material submitted during and guments, the respondent must submit
after the hearing and the presiding offi- the reasons they were not presented
cial’s recommendation for final action prior to issuance of the final order.
to be taken under this section. (c) The Associate Administrator,
(c) Based on a review of a case file de- OPS does not consider repetitious in-
scribed in paragraph (b) of this section, formation, arguments, or petitions.
the Associate Administrator, OPS shall (d) The filing of a petition under this
issue a final order that includes— section stays the payment of any civil
(1) A statement of findings and deter- penalty assessed. However, unless the
minations on all material issues, in- Associate Administrator, OPS other-
cluding a determination as to whether wise provides, the order, including any
each alleged violation has been proved; required corrective action, is not
(2) If a civil penalty is assessed, the
stayed.
amount of the penalty and the proce-
dures for payment of the penalty, pro- (e) The Associate Administrator,
vided that the assessed civil penalty OPS may grant or deny, in whole or in
may not exceed the penalty proposed in part, any petition for reconsideration
the notice of probable violation; and without further proceedings. In the
(3) If a compliance order is issued, a event the Associate Administrator,
statement of the actions required to be OPS reconsiders a final order, a final
taken by the respondent and the time decision on reconsideration may be
by which such actions must be accom- issued without further proceedings, or,
plished. in the alternative, additional informa-
(d) Except as provided by § 190.215, an tion, data, and comment may be re-
order issued under this section regard- quested by the Associate Adminis-
ing an enforcement proceeding is con- trator, OPS as deemed appropriate.
sidered final administrative action on (f) It is the policy of the Associate
that enforcement proceeding. Administrator, OPS to issue notice of
(e) It is the policy of the Associate the action taken on a petition for re-
Administrator, OPS to issue a final consideration expeditiously. In cases
order under this section expeditiously. where a substantial delay is expected,
In cases where a substantial delay is notice of that fact and the date by
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13

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§ 190.217 49 CFR Ch. I (10–1–07 Edition)

taken is provided to the respondent son has committed an act which is a


upon request and whenever practicable. violation of any provision of the 49
[Amdt. 190–6, 61 FR 18514, Apr. 26, 1996, as
U.S.C. 60101 et seq. or any regulation or
amended by Amdt 190–7, 61 FR 27792, June 3, order issued thereunder, proceedings
1996; 70 FR 11137, Mar. 8, 2005] under §§ 190.207 through 190.213 may be
conducted to determine the nature and
COMPLIANCE ORDERS extent of the violations and to assess
and, if appropriate, compromise a civil
§ 190.217 Compliance orders generally. penalty.
When the Associate Administrator,
[Amdt. 190–6, 61 FR 18515, Apr. 26, 1996]
OPS has reason to believe that a per-
son is engaging in conduct which in- § 190.223 Maximum penalties.
volves a violation of the 49 U.S.C. 60101
et seq. or any regulation issued there- (a) Any person who is determined to
under, and if the nature of the viola- have violated a provision of 49 U.S.C.
tion, and the public interest warrant, 60101 et seq., or any regulation or order
the Associate Administrator, OPS may issued thereunder, is subject to a civil
conduct proceedings under §§ 190.207 penalty not to exceed $100,000 for each
through 190.213 of this part to deter- violation for each day the violation
mine the nature and extent of the vio- continues except that the maximum
lations and to issue an order directing civil penalty may not exceed $1,000,000
compliance. for any related series of violations.
[Amdt. 190–6, 61 FR 18514, Apr. 26, 1996]
(b) Any person who knowingly vio-
lates a regulation or order under this
§ 190.219 Consent order. subchapter applicable to offshore gas
gathering lines issued under the au-
(a) At any time before the issuance of
thority of 49 U.S.C. 5101 et seq is liable
a compliance order under § 190.213 the
for a civil penalty of not more than
Associate Administrator, OPS and the
$25,000 for each violation, and if any
respondent may agree to dispose of the
such violation is a continuing one,
case by joint execution of a consent
each day of violation constitutes a sep-
order. Upon such joint execution, the
arate offense.
consent order shall be considered a
final order under § 190.213. (c) Any person who is determined to
(b) A consent order executed under have violated any standard or order
paragraph (a) of this section shall in- under 49 U.S.C. 60103 shall be subjected
clude: to a civil penalty of not to exceed
(1) An admission by the respondent of $50,000, which penalty shall be in addi-
all jurisdictional facts; tion to any other penalties to which
(2) An express waiver of further pro- such person may be subject under para-
cedural steps and of all right to seek graph (a) of this section.
judicial review or otherwise challenge (d) Any person who is determined to
or contest the validity of that order; have violated any standard or order
(3) An acknowledgement that the no- under 49 U.S.C. 60129 shall be subject to
tice of probable violation may be used a civil penalty not to exceed $1,000,
to construe the terms of the consent which shall be in addition to any other
order; and penalties to which such person may be
(4) A statement of the actions re- subject under paragraph (a) of this sec-
quired of the respondent and the time tion.
by which such actions shall be accom- (e) No person shall be subject to a
plished. civil penalty under this section for the
violation of any requirement of this
[45 FR 20413, Mar. 27, 1980, as amended by
Amdt. 190–6, 61 FR 18514, Apr. 26, 1996] subchapter and an order issued under
§ 190.217, § 190.219 or § 190.233 if both vio-
CIVIL PENALTIES lations are based on the same act.

§ 190.221 Civil penalties generally. [45 FR 20413, Mar. 27, 1980, as amended by
Amdt. 190–2, 54 FR 32344, Aug. 7, 1989; Amdt.
When the Associate Administrator, 190–6, 61 FR 18515, Apr. 26, 1996; 61 FR 38403,
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OPS has reason to believe that a per- July 24, 1996; 70 FR 11137, Mar. 8, 2005]

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Pipeline and Hazardous Materials Safety Administration, DOT § 190.229

§ 190.225 Assessment considerations. CRIMINAL PENALTIES


In determining the amount of a civil § 190.229 Criminal penalties generally.
penalty under this part,
(a) The Associate Administrator, (a) Any person who willfully and
OPS shall consider: knowingly violates a provision of 49
(1) The nature, circumstances and U.S.C. 60101 et seq. or any regulation or
gravity of the violation, including ad- order issued thereunder shall upon con-
verse impact on the environment; viction be subject for each offense to a
fine of not more than $25,000 and im-
(2) The degree of the respondent’s
prisonment for not more than five
culpability;
years, or both.
(3) The respondent’s history of prior
(b) Any person who willfully violates
offenses;
a regulation or order under this sub-
(4) The respondent’s ability to pay; chapter issued under the authority of
(5) Any good faith by the respondent 49 U.S.C. 5101 et seq. as applied to off-
in attempting to achieve compliance; shore gas gathering lines shall upon
(6) The effect on the respondent’s conviction be subject for each offense
ability to continue in business; and to a fine of not more than $25,000, im-
(b) The Associate Administrator, prisonment for a term not to exceed 5
OPS may consider: years, or both.
(1) The economic benefit gained from (c) Any person who willfully and
violation, if readily ascertainable, knowingly injures or destroys, or at-
without any reduction because of sub- tempts to injure or destroy, any inter-
sequent damages; and state transmission facility, any inter-
(2) Such other matters as justice may state pipeline facility, or any intra-
require. state pipeline facility used in inter-
[70 FR 11137, Mar. 8, 2005]
state or foreign commerce or in any ac-
tivity affecting interstate or foreign
§ 190.227 Payment of penalty. commerce (as those terms are defined
in 49 U.S.C. 60101 et seq.) shall, upon
(a) Except for payments exceeding conviction, be subject for each offense
$10,000, payment of a civil penalty pro- to a fine of not more than $25,000, im-
posed or assessed under this subpart prisonment for a term not to exceed 15
may be made by certified check or years, or both.
money order (containing the CPF Num- (d) Any person who willfully and
ber for the case), payable to ‘‘U.S. De- knowingly defaces, damages, removes,
partment of Transportation,’’ to the destroys any pipeline sign, right-of-
Federal Aviation Administration, Mike way marker, or marine buoy required
Monroney Aeronautical Center, Finan- by 49 U.S.C. 60101 et seq. or 49 U.S.C.
cial Operations Division (AMZ–120), 5101 et seq., or any regulation or order
P.O. Box 25770, Oklahoma City, OK issued thereunder shall, upon convic-
73125, or by wire transfer through the tion, be subject for each offense to a
Federal Reserve Communications Sys- fine of not more than $5,000, imprison-
tem (Fedwire) to the account of the ment for a term not to exceed 1 year,
U.S. Treasury. Payments exceeding or both.
$10,000 must be made by wire transfer. (e) Any person who willfully and
(b) Payment of a civil penalty as- knowingly engages in excavation activ-
sessed in a final order issued under ity without first using an available
§ 190.213 or affirmed in a decision on a one-call notification system to estab-
petition for reconsideration must be lish the location of underground facili-
made within 20 days after receipt of the ties in the excavation area; or without
final order or decision. Failure to do so considering location information or
will result in the initiation of collec- markings established by a pipeline fa-
tion action, including the accrual of in- cility operator; and
terest and penalties, in accordance (1) Subsequently damages a pipeline
with 31 U.S.C. 3717 and 49 CFR part 89. facility resulting in death, serious bod-
[Amdt. 190–7, 61 FR 27792, June 3, 1996, as ily harm, or property damage exceed-
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amended at 70 FR 11138, Mar. 8, 2005] ing $50,000;

15

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§ 190.231 49 CFR Ch. I (10–1–07 Edition)

(2) Subsequently damages a pipeline quiring the owner or operator of the fa-
facility and knows or has reason to cility to take corrective action. Cor-
know of the damage but fails to rective action may include suspended
promptly report the damage to the op- or restricted use of the facility, phys-
erator and to the appropriate authori- ical inspection, testing, repair, replace-
ties; or ment, or other appropriate action.
(3) Subsequently damages a haz- (b) The Associate Administrator,
ardous liquid pipeline facility that re- OPS may waive the requirement for
sults in the release of more than 50 bar- notice and opportunity for hearing
rels of product; shall, upon conviction, under paragraph (a) of this section be-
be subject for each offense to a fine of fore issuing an order pursuant to this
not more than $5,000, imprisonment for section when the Associate Adminis-
a term not to exceed 5 years, or both. trator, OPS determines that the failure
(f) No person shall be subject to
to do so would result in the likelihood
criminal penalties under paragraph (a)
of serious harm to life, property, or the
of this section for violation of any reg-
environment. However, the Associate
ulation and the violation of any order
Administrator, OPS shall provide an
issued under § 190.217, § 190.219 or
opportunity for a hearing as soon as is
§ 190.229 if both violations are based on
practicable after the issuance of a com-
the same act.
pliance order. The provisions of para-
[45 FR 20413, Mar. 27, 1980, as amended by graph (c)(2) of this section apply to an
Amdt. 190–2, 54 FR 32344, Aug. 7, 1989; Amdt. owner or operator’s decision to exercise
190–4, 56 FR 63770, Dec. 5, 1991; Amdt. 190–6, 61 its opportunity for a hearing. The pur-
FR 18515, Apr. 26, 1996; 70 FR 11138, Mar. 8,
2005]
pose of such a post-order hearing is for
the Associate Administrator, OPS to
§ 190.231 Referral for prosecution. determine whether a compliance order
should remain in effect or be rescinded
If an employee of the Pipeline and
Hazardous Materials Safety Adminis- or suspended in accord with paragraph
tration becomes aware of any actual or (g) of this section.
possible activity subject to criminal (c) Notice and hearing:
penalties under § 190.229, the employee (1) Written notice that OPS intends
reports it to the Office of the Chief to issue an order under this section
Counsel, Pipeline and Hazardous Mate- shall be served upon the owner or oper-
rials Safety Administration, U.S. De- ator of an alleged hazardous facility in
partment of Transportation, Wash- accordance with § 190.5. The notice
ington, DC 20590. The Chief Counsel re- shall allege the existence of a haz-
fers the report to OPS for investiga- ardous facility and state the facts and
tion. Upon completion of the investiga- circumstances supporting the issuance
tion and if appropriate, the Chief Coun- of a corrective action order. The notice
sel refers the report to the Department shall also provide the owner or oper-
of Justice for criminal prosecution of ator with the opportunity for a hearing
the offender. and shall identify a time and location
where a hearing may be held.
[Amdt. 190–6, 61 FR 18515, Apr. 26, 1996, as
amended at 70 FR 11137, Mar. 8, 2005] (2) An owner or operator that elects
to exercise its opportunity for a hear-
SPECIFIC RELIEF ing under this section must notify the
Associate Administrator, OPS of that
§ 190.233 Corrective action orders. election in writing within 10 days of
(a) Except as provided by paragraph service of the notice provided under
(b) of this section, if the Associate Ad- paragraph (c)(1) of this section, or
ministrator, OPS finds, after reason- under paragraph (b) of this section
able notice and opportunity for hearing when applicable. The absence of such
in accord with paragraph (c) of this written notification waives an owner
section and § 190.211(a), a particular or operator’s opportunity for a hearing
pipeline facility to be hazardous to life, and allows the Associate Adminis-
property, or the environment, the As- trator, OPS to issue a corrective action
sociate Administrator, OPS shall issue order in accordance with paragraphs
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an order pursuant to this section re- (d) through (h) of this section.

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Pipeline and Hazardous Materials Safety Administration, DOT § 190.233

(3) A hearing under this section shall under the particular facts and cir-
be presided over by an attorney from cumstances involved, such equipment,
the Office of Chief Counsel, Pipeline material, or technique is not haz-
and Hazardous Materials Safety Ad- ardous.
ministration, acting as Presiding Offi- (e) In making a determination under
cial, and conducted without strict ad- paragraph (d) of this section, the Asso-
herence to formal rules of evidence. ciate Administrator, OPS shall con-
The Presiding Official presents the al- sider, if relevant:
legations contained in the notice (1) The characteristics of the pipe
issued under this section. The owner or and other equipment used in the pipe-
operator of the alleged hazardous facil- line facility involved, including its age,
ity may submit any relevant informa- manufacturer, physical properties (in-
tion or materials, call witnesses, and cluding its resistance to corrosion and
present arguments on the issue of deterioration), and the method of its
whether or not a corrective action manufacture, construction or assem-
order should be issued. bly;
(4) Within 48 hours after conclusion (2) The nature of the materials trans-
of a hearing under this section, the ported by such facility (including their
Presiding Official shall submit a rec- corrosive and deteriorative qualities),
ommendation to the Associate Admin- the sequence in which such materials
istrator, OPS as to whether or not a are transported, and the pressure re-
corrective action order is required. quired for such transportation;
Upon receipt of the recommendation, (3) The characteristics of the geo-
the Associate Administrator, OPS shall graphical areas in which the pipeline
proceed in accordance with paragraphs facility is located, in particular the cli-
(d) through (h) of this section. If the matic and geologic conditions (includ-
Associate Administrator, OPS finds the ing soil characteristics) associated
facility is or would be hazardous to with such areas, and the population
life, property, or the environment, the density and population and growth pat-
Associate Administrator, OPS shall terns of such areas;
issue a corrective action order in ac- (4) Any recommendation of the Na-
cordance with this section. If the Asso- tional Transportation Safety Board
ciate Administrator, OPS does not find issued in connection with any inves-
the facility is or would be hazardous to tigation conducted by the Board; and
life, property, or the environment, the
(5) Such other factors as the Asso-
Associate Administrator shall with-
ciate Administrator, OPS may consider
draw the allegation of the existence of
appropriate.
a hazardous facility contained in the
(f) A corrective action order shall
notice, and promptly notify the owner
contain the following information:
or operator in writing by service as
prescribed in § 190.5. (1) A finding that the pipeline facility
(d) The Associate Administrator, is hazardous to life, property, or the
OPS may find a pipeline facility to be environment.
hazardous under paragraph (a) of this (2) The relevant facts which form the
section: basis of that finding.
(1) If under the facts and cir- (3) The legal basis for the order.
cumstances the Associate Adminis- (4) The nature and description of any
trator, OPS determines the particular particular corrective action required of
facility is hazardous to life, property, the respondent.
or the environment; or (5) The date by which the required
(2) If the pipeline facility or a compo- corrective action must be taken or
nent thereof has been constructed or completed and, where appropriate, the
operated with any equipment, mate- duration of the order.
rial, or technique which the Associate (6) If the opportunity for a hearing
Administrator, OPS determines is haz- was waived pursuant to paragraph (b)
ardous to life, property, or the environ- of this section, a statement that an op-
ment, unless the operator involved portunity for a hearing will be avail-
demonstrates to the satisfaction of the able at a particular time and location
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Associate Administrator, OPS that, after issuance of the order.

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§ 190.235 49 CFR Ch. I (10–1–07 Edition)

(g) The Associate Administrator, shall allow the operator 30 days after
OPS shall rescind or suspend a correc- receipt of the notice to submit written
tive action order whenever the Asso- comments or request a hearing. After
ciate Administrator, OPS determines considering all material presented in
that the facility is no longer hazardous writing or at the hearing, the Asso-
to life, property, or the environment. ciate Administrator, OPS shall deter-
When appropriate, however, such a re- mine whether the plans or procedures
scission or suspension may be accom- are inadequate as alleged and order the
panied by a notice of probable viola- required amendment if they are inad-
tion issued under § 190.207. equate, or withdraw the notice if they
(h) At any time after a corrective ac- are not. In determining the adequacy
tion order issued under this section has
of an operator’s plans or procedures,
become effective, the Associate Admin-
the Associate Administrator, OPS shall
istrator, OPS may request the Attor-
ney General to bring an action for ap- consider:
propriate relief in accordance with (1) Relevant available pipeline safety
§ 190.235. data;
(i) Upon petition by the Attorney (2) Whether the plans or procedures
General, the District Courts of the are appropriate for the particular type
United States shall have jurisdiction to of pipeline transportation or facility,
enforce orders issued under this section and for the location of the facility;
by appropriate means. (3) The reasonableness of the plans or
[70 FR 11138, Mar. 8, 2005] procedures; and
(4) The extent to which the plans or
§ 190.235 Civil actions generally. procedures contribute to public safety.
Whenever it appears to the Associate (b) The amendment of an operator’s
Administrator, OPS that a person has plans or procedures prescribed in para-
engaged, is engaged, or is about to en- graph (a) of this section is in addition
gage in any act or practice consti- to, and may be used in conjunction
tuting a violation of any provision of 49 with, the appropriate enforcement ac-
U.S.C. 60101 et seq., or any regulations tions prescribed in this subpart.
issued thereunder, the Administrator,
[Amdt. 190–3, 56 FR 31090, July 9, 1991, as
PHMSA, or the person to whom the au- amended by Amdt. 190–6, 61 FR 18516, Apr. 26,
thority has been delegated, may re- 1996]
quest the Attorney General to bring an
action in the appropriate U.S. District
Court for such relief as is necessary or Subpart C—Procedures for
appropriate, including mandatory or Adoption of Rules
prohibitive injunctive relief, interim
equitable relief, civil penalties, and pu- SOURCE: Amdt. 190–8, 61 FR 50909, Sept. 27,
nitive damages as provided under 49 1996, unless otherwise noted.
U.S.C. 60120 and 49 U.S.C. 5123.
§ 190.301 Scope.
[70 FR 11139, Mar. 8, 2005]
This subpart prescribes general rule-
§ 190.237 Amendment of plans or pro- making procedures for the issue,
cedures. amendment, and repeal of Pipeline
(a) A Regional Director begins a pro- Safety Program regulations of the
ceeding to determine whether an opera- Pipeline and Hazardous Materials Safe-
tor’s plans or procedures required ty Administration of the Department
under parts 192, 193, 195, and 199 of this of Transportation.
subchapter are inadequate to assure
safe operation of a pipeline facility by [Amdt. 190–8, 61 FR 50909, Sept. 27, 1996, as
issuing a notice of amendment. The no- amended at 70 FR 11137, Mar. 8, 2005]
tice shall provide an opportunity for a
§ 190.303 Delegations.
hearing under § 190.211 of this part and
shall specify the alleged inadequacies For the purposes of this subpart, Ad-
and the proposed action for revision of ministrator means the Administrator,
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the plans or procedures. The notice

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Pipeline and Hazardous Materials Safety Administration, DOT § 190.315

Pipeline and Hazardous Materials Safe- Regulations of the Office of the Sec-
ty Administration, or his or her dele- retary of Transportation (part 7 of this
gate. title).
[Amdt. 190–8, 61 FR 50909, Sept. 27, 1996, as [Amdt. 190–8, 61 FR 50909, Sept. 27, 1996, as
amended at 70 FR 11137, Mar. 8, 2005] amended at 70 FR 11137, Mar. 8, 2005]

§ 190.305 Regulatory dockets. § 190.309 Where to file petitions.


(a) Information and data considered Petitions for extension of time to
relevant by the Administrator relating comment submitted under § 190.319, pe-
to rulemaking actions, including no- titions for hearings submitted under
tices of proposed rulemaking; com- § 190.327, petitions for rulemaking sub-
ments received in response to notices; mitted under § 190.331, and petitions for
petitions for rulemaking and reconsid- reconsideration submitted under
eration; denials of petitions for rule- § 190.335 must be submitted to: Admin-
making and reconsideration; records of istrator, Pipeline and Hazardous Mate-
additional rulemaking proceedings rials Safety Administration, U.S. De-
under § 190.325; and final regulations partment of Transportation, 400 7th
are maintained by the Pipeline and Street, SW., Washington, D.C. 20590–
Hazardous Materials Safety Adminis- 0001.
tration at 400 7th Street, SW, Wash- [Amdt. 190–8, 61 FR 50909, Sept. 27, 1996, as
ington, D.C. 20590–0001. amended at 70 FR 11137, Mar. 8, 2005]
(b) Any person may examine public
docket material, once a docket is es- § 190.311 General.
tablished, at the offices of the Dockets Unless the Administrator, for good
Management System, U.S. Department cause, finds that notice is impracti-
of Transportation, 400 7th Street, SW., cable, unnecessary, or contrary to the
Room PL–401, Washington, DC 20590, public interest, and incorporates that
and may obtain a copy of it upon pay- finding and a brief statement of the
ment of a fee, at any time between the reasons for it in the rule, a notice of
hours of 9 a.m. and 5 p.m., Monday proposed rulemaking is issued and in-
through Friday, excluding Federal terested persons are invited to partici-
holidays, with the exception of mate- pate in the rulemaking proceedings
rial which the Administrator, PHMSA with respect to each substantive rule.
determines should be withheld from
public disclosure under applicable pro- § 190.313 Initiation of rulemaking.
visions of any statute administered by The Administrator initiates rule-
the Administrator and section 552(b) of making on his or her own motion; how-
title 5, United States Code. Public com- ever, in so doing, the Administrator
ments may also be submitted and re- may use discretion to consider the rec-
viewed by accessing the Dockets Man- ommendations of other agencies of the
agement System’s Web site at http:// United States or of other interested
dms.dot.gov. Inquiries and comment persons including those of any tech-
submissions must identify the Docket nical advisory body established by
Number. The Dockets Management statute for that purpose.
System is located on the Plaza Level of
the Nassif Building at the above ad- § 190.315 Contents of notices of pro-
dress. posed rulemaking.
[Amdt. 190–8, 61 FR 50909, Sept. 27, 1996, as (a) Each notice of proposed rule-
amended at 70 FR 11137 and 11139, Mar. 8, making is published in the FEDERAL
2005] REGISTER, unless all persons subject to
it are named and are personally served
§ 190.307 Records. with a copy of it.
Records of the Pipeline and Haz- (b) Each notice, whether published in
ardous Materials Safety Administra- the FEDERAL REGISTER or personally
tion relating to rulemaking pro- served, includes:
ceedings are available for inspection as (1) A statement of the time, place,
provided in section 552(b) of title 5, and nature of the proposed rulemaking
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United States Code, and part 7 of the proceeding;

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§ 190.317 49 CFR Ch. I (10–1–07 Edition)

(2) A reference to the authority under material shall be identified by docu-


which it is issued; ment title and page.
(3) A description of the subjects and
issues involved or the substance and § 190.323 Consideration of comments
terms of the proposed regulation; received.
(4) A statement of the time within All timely comments and the rec-
which written comments must be sub- ommendations of any technical advi-
mitted; and sory body established by statute for
(5) A statement of how and to what the purpose of reviewing the proposed
extent interested persons may partici- rule concerned are considered before
pate in the proceeding. final action is taken on a rulemaking
proposal. Late filed comments are con-
§ 190.317 Participation by interested
persons. sidered so far as practicable.
(a) Any interested person may par- § 190.325 Additional rulemaking pro-
ticipate in rulemaking proceedings by ceedings.
submitting comments in writing con-
The Administrator may initiate any
taining information, views or argu-
further rulemaking proceedings that
ments in accordance with instructions
the Administrator finds necessary or
for participation in the rulemaking
desirable. For example, interested per-
document.
sons may be invited to make oral argu-
(b) The Administrator may invite
ments, to participate in conferences
any interested person to participate in
between the Administrator or the Ad-
the rulemaking proceedings described
ministrator’s representative and inter-
in § 190.325.
ested persons, at which minutes of the
(c) For the purposes of this subpart,
an interested person includes any Fed- conference are kept, to appear at infor-
eral or State government agency or mal hearings presided over by officials
any political subdivision of a State. designated by the Administrator at
which a transcript of minutes are kept,
§ 190.319 Petitions for extension of or participate in any other proceeding
time to comment. to assure informed administrative ac-
A petition for extension of the time tion and to protect the public interest.
to submit comments must be received
§ 190.327 Hearings.
not later than 10 days before expiration
of the time stated in the notice. It is (a) If a notice of proposed rulemaking
requested, but not required, that three does not provide for a hearing, any in-
copies be submitted. The filing of the terested person may petition the Ad-
petition does not automatically extend ministrator for an informal hearing.
the time for petitioner’s comments. A The petition must be received by the
petition is granted only if the peti- Administrator not later than 20 days
tioner shows good cause for the exten- before expiration of the time stated in
sion, and if the extension is consistent the notice. The filing of the petition
with the public interest. If an exten- does not automatically result in the
sion is granted, it is granted to all per- scheduling of a hearing. A petition is
sons, and it is published in the FED- granted only if the petitioner shows
ERAL REGISTER. good cause for a hearing. If a petition
for a hearing is granted, notice of the
§ 190.321 Contents of written com- hearing is published in the FEDERAL
ments. REGISTER.
All written comments must be in (b) Sections 556 and 557 of title 5,
English. It is requested, but not re- United States Code, do not apply to
quired, that five copies be submitted. hearings held under this part. Unless
Any interested person should submit as otherwise specified, hearings held
part of written comments all material under this part are informal, non-
considered relevant to any statement adversary fact-finding proceedings, at
of fact. Incorporation of material by which there are no formal pleadings or
reference should be avoided; however, adverse parties. Any regulation issued
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where necessary, such incorporated in a case in which an informal hearing

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Pipeline and Hazardous Materials Safety Administration, DOT § 190.335

is held is not necessarily based exclu- on States, on the relationship between


sively on the record of the hearing. the Federal Government and the
(c) The Administrator designates a States, and on the distribution of
representative to conduct any hearing power and responsibilities among the
held under this subpart. The Chief various levels of government;
Counsel designates a member of his or (3) The regulatory burden on small
her staff to serve as legal officer at the businesses, small organizations and
hearing. small governmental jurisdictions;
(4) The recordkeeping and reporting
§ 190.329 Adoption of final rules. requirements and to whom they would
Final rules are prepared by rep- apply; and
resentatives of the Office of Pipeline (5) Impacts on the quality of the nat-
Safety and the Office of the Chief ural and social environments.
Counsel. The regulation is then sub- (d) The Associate Administrator or
mitted to the Administrator for consid- Chief Counsel may return a petition
eration. If the Administrator adopts that does not comply with the require-
the regulation, it is published in the ments of this section, accompanied by
FEDERAL REGISTER, unless all persons a written statement indicating the de-
subject to it are named and are person- ficiencies in the petition.
ally served with a copy of it.
§ 190.333 Processing of petition.
§ 190.331 Petitions for rulemaking. (a) General. Unless the Associate Ad-
(a) Any interested person may peti- ministrator or the Chief Counsel other-
tion the Associate Administrator for wise specifies, no public hearing, argu-
Pipeline Safety to establish, amend, or ment, or other proceeding is held di-
repeal a substantive regulation, or may rectly on a petition before its disposi-
petition the Chief Counsel to establish, tion under this section.
amend, or repeal a procedural regula- (b) Grants. If the Associate Adminis-
tion. trator or the Chief Counsel determines
(b) Each petition filed under this sec- that the petition contains adequate
tion must— justification, he or she initiates rule-
(1) Summarize the proposed action making action under this subpart.
and explain its purpose; (c) Denials. If the Associate Adminis-
(2) State the text of the proposed rule trator or the Chief Counsel determines
or amendment, or specify the rule pro- that the petition does not justify rule-
posed to be repealed; making, the petition is denied.
(3) Explain the petitioner’s interest (d) Notification. The Associate Admin-
in the proposed action and the interest istrator or the Chief Counsel will no-
of any party the petitioner represents; tify a petitioner, in writing, of the de-
and cision to grant or deny a petition for
(4) Provide information and argu- rulemaking.
ments that support the proposed ac-
tion, including relevant technical, sci- § 190.335 Petitions for reconsideration.
entific or other data as available to the (a) Except as provided in § 190.339(d),
petitioner, and any specific known any interested person may petition the
cases that illustrate the need for the Associate Administrator for reconsid-
proposed action. eration of any regulation issued under
(c) If the potential impact of the pro- this subpart, or may petition the Chief
posed action is substantial, and infor- Counsel for reconsideration of any pro-
mation and data related to that impact cedural regulation issued under this
are available to the petitioner, the As- subpart and contained in this subpart.
sociate Administrator or the Chief It is requested, but not required, that
Counsel may request the petitioner to three copies be submitted. The petition
provide— must be received not later than 30 days
(1) The costs and benefits to society after publication of the rule in the
and identifiable groups within society, FEDERAL REGISTER. Petitions filed
quantifiable and otherwise; after that time will be considered as
(2) The direct effects (including pre- petitions filed under § 190.331. The peti-
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emption effects) of the proposed action tion must contain a brief statement of

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§ 190.337 49 CFR Ch. I (10–1–07 Edition)

the complaint and an explanation as to pected that action will be taken is


why compliance with the rule is not issued to the petitioner and published
practicable, is unreasonable, or is not in the FEDERAL REGISTER.
in the public interest.
(b) If the petitioner requests the con- § 190.338 Appeals.
sideration of additional facts, the peti- (a) Any interested person may appeal
tioner must state the reason they were a denial of the Associate Administrator
not presented to the Associate Admin- or the Chief Counsel, issued under
istrator or the Chief Counsel within § 190.333 or § 190.337, to the Adminis-
the prescribed time. trator.
(c) The Associate Administrator or (b) An appeal must be received within
the Chief Counsel does not consider 20 days of service of written notice to
repetitious petitions. petitioner of the Associate Administra-
(d) Unless the Associate Adminis- tor’s or the Chief Counsel’s decision, or
trator or the Chief Counsel otherwise within 20 days from the date of publica-
provides, the filing of a petition under tion of the decision in the FEDERAL
this section does not stay the effective- REGISTER, and should set forth the con-
ness of the rule. tested aspects of the decision as well as
any new arguments or information.
§ 190.337 Proceedings on petitions for (c) It is requested, but not required,
reconsideration. that three copies of the appeal be sub-
(a) The Associate Administrator or mitted to the Administrator.
the Chief Counsel may grant or deny, (d) Unless the Administrator other-
in whole or in part, any petition for re- wise provides, the filing of an appeal
consideration without further pro- under this section does not stay the ef-
ceedings, except where a grant of the fectiveness of any rule.
petition would result in issuance of a
new final rule. In the event that the § 190.339 Direct final rulemaking.
Associate Administrator or the Chief (a) Where practicable, the Adminis-
Counsel determines to reconsider any trator will use direct final rulemaking
regulation, a final decision on recon- to issue the following types of rules:
sideration may be issued without fur- (1) Minor, substantive changes to reg-
ther proceedings, or an opportunity to ulations;
submit comment or information and (2) Incorporation by reference of the
data as deemed appropriate, may be latest edition of technical or industry
provided. Whenever the Associate Ad- standards;
ministrator or the Chief Counsel deter- (3) Extensions of compliance dates;
mines that a petition should be granted and
or denied, the Office of the Chief Coun- (4) Other noncontroversial rules
sel prepares a notice of the grant or de- where the Administrator determines
nial of a petition for reconsideration, that use of direct final rulemaking is
for issuance to the petitioner, and the in the public interest, and that a regu-
Associate Administrator or the Chief lation is unlikely to result in adverse
Counsel issues it to the petitioner. The comment.
Associate Administrator or the Chief (b) The direct final rule will state an
Counsel may consolidate petitions re- effective date. The direct final rule will
lating to the same rules. also state that unless an adverse com-
(b) It is the policy of the Associate ment or notice of intent to file an ad-
Administrator or the Chief Counsel to verse comment is received within the
issue notice of the action taken on a specified comment period, generally 60
petition for reconsideration within 90 days after publication of the direct
days after the date on which the regu- final rule in the FEDERAL REGISTER,
lation in question is published in the the Administrator will issue a con-
FEDERAL REGISTER, unless it is found firmation document, generally within
impracticable to take action within 15 days after the close of the comment
that time. In cases where it is so found period, advising the public that the di-
and the delay beyond that period is ex- rect final rule will either become effec-
pected to be substantial, notice of that tive on the date stated in the direct
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fact and the date by which it is ex- final rule or at least 30 days after the

22

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Pipeline and Hazardous Materials Safety Administration, DOT § 191.1

publication date of the confirmation 191.21 OMB control number assigned to in-
document, whichever is later. formation collection.
(c) For purposes of this section, an 191.23 Reporting safety-related conditions.
191.25 Filing safety-related condition re-
adverse comment is one which explains ports.
why the rule would be inappropriate, 191.27 Filing offshore pipeline condition re-
including a challenge to the rule’s un- ports.
derlying premise or approach, or would AUTHORITY: 49 U.S.C. 5121, 60102, 60103,
be ineffective or unacceptable without 60104, 60108, 60117, 60118, and 60124; and 49 CFR
a change. Comments that are frivolous 1.53.
or insubstantial will not be considered
adverse under this procedure. A com- § 191.1 Scope.
ment recommending a rule change in (a) This part prescribes requirements
addition to the rule will not be consid- for the reporting of incidents, safety-
ered an adverse comment, unless the related conditions, and annual pipeline
commenter states why the rule would summary data by operators of gas pipe-
be ineffective without the additional line facilities located in the United
change. States or Puerto Rico, including pipe-
(d) Only parties who filed comments lines within the limits of the Outer
to a direct final rule issued under this Continental Shelf as that term is de-
section may petition under § 190.335 for fined in the Outer Continental Shelf
reconsideration of that direct final Lands Act (43 U.S.C. 1331).
rule. (b) This part does not apply to—
(e) If an adverse comment or notice (1) Offshore gathering of gas in State
of intent to file an adverse comment is waters upstream from the outlet flange
received, a timely document will be of each facility where hydrocarbons are
published in the FEDERAL REGISTER ad- produced or where produced hydro-
vising the public and withdrawing the carbons are first separated, dehy-
direct final rule in whole or in part. drated, or otherwise processed, which-
The Administrator may then incor- ever facility is farther downstream;
porate the adverse comment into a sub- (2) Pipelines on the Outer Conti-
sequent direct final rule or may pub- nental Shelf (OCS) that are producer-
lish a notice of proposed rulemaking. A operated and cross into State waters
notice of proposed rulemaking will pro- without first connecting to a trans-
vide an opportunity for public com- porting operator’s facility on the OCS,
ment, generally a minimum of 60 days, upstream (generally seaward) of the
and will be processed in accordance last valve on the last production facil-
with §§ 190.311–190.329. ity on the OCS. Safety equipment pro-
tecting PHMSA-regulated pipeline seg-
PART 191—TRANSPORTATION OF ments is not excluded. Producing oper-
NATURAL AND OTHER GAS BY ators for those pipeline segments up-
PIPELINE; ANNUAL REPORTS, IN- stream of the last valve of the last pro-
duction facility on the OCS may peti-
CIDENT REPORTS, AND SAFETY- tion the Administrator, or designee, for
RELATED CONDITION REPORTS approval to operate under PHMSA reg-
ulations governing pipeline design,
Sec.
construction, operation, and mainte-
191.1 Scope.
191.3 Definitions. nance under 49 CFR 190.9.
191.5 Telephonic notice of certain incidents. (3) Pipelines on the Outer Conti-
191.7 Addressee for written reports. nental Shelf upstream of the point at
191.9 Distribution system: Incident report. which operating responsibility trans-
191.11 Distribution system: Annual report. fers from a producing operator to a
191.13 Distribution systems reporting trans- transporting operator; or
mission pipelines; transmission or gath- (4) Onshore gathering of gas outside
ering systems reporting distribution of the following areas:
pipelines.
191.15 Transmission and gathering systems:
(i) An area within the limits of any
Incident report. incorporated or unincorporated city,
191.17 Transmission and gathering systems: town, or village.
Annual report. (ii) Any designated residential or
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191.19 Report forms. commercial area such as a subdivision,

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§ 191.3 49 CFR Ch. I (10–1–07 Edition)

business or shopping center, or commu- and beyond the line marking the sea-
nity development. ward limit of inland waters;
Operator means a person who engages
[Amdt. 191–5, 49 FR 18960, May 3, 1984, as
amended by Amdt. 191–6, 53 FR 24949, July 1,
in the transportation of gas;
1988; Amdt. 191–11, 61 FR 27793, June 3, 1996; Outer Continental Shelf means all sub-
Amdt. 191–12, 62 FR 61695, Nov. 19, 1997; merged lands lying seaward and out-
Amdt. 191–15, 68 FR 46111, Aug. 5, 2003; 70 FR side the area of lands beneath navi-
11139, Mar. 8, 2005] gable waters as defined in Section 2 of
the Submerged Lands Act (43 U.S.C.
§ 191.3 Definitions. 1301) and of which the subsoil and sea-
As used in this part and the PHMSA bed appertain to the United States and
Forms referenced in this part— are subject to its jurisdiction and con-
Administrator means the Adminis- trol.
trator, Pipeline and Hazardous Mate- Person means any individual, firm,
rials Safety Administration or his or joint venture, partnership, corporation,
her delegate association, State, municipality, coop-
Gas means natural gas, flammable erative association, or joint stock asso-
gas, or gas which is toxic or corrosive; ciation, and includes any trustee, re-
Incident means any of the following ceiver, assignee, or personal represent-
events: ative thereof;
Pipeline or Pipeline System means all
(1) An event that involves a release of
parts of those physical facilities
gas from a pipeline or of liquefied nat-
through which gas moves in transpor-
ural gas or gas from an LNG facility
tation, including, but not limited to,
and
pipe, valves, and other appurtenance
(i) A death, or personal injury neces-
attached to pipe, compressor units, me-
sitating in-patient hospitalization; or
tering stations, regulator stations, de-
(ii) Estimated property damage, in- livery stations, holders, and fabricated
cluding cost of gas lost, of the operator assemblies.
or others, or both, of $50,000 or more. State includes each of the several
(2) An event that results in an emer- States, the District of Columbia, and
gency shutdown of an LNG facility. the Commonwealth of Puerto Rico;
(3) An event that is significant, in Transportation of gas means the gath-
the judgement of the operator, even ering, transmission, or distribution of
though it did not meet the criteria of gas by pipeline, or the storage of gas in
paragraphs (1) or (2). or affecting interstate or foreign com-
LNG facility means a liquefied natural merce.
gas facility as defined in § 193.2007 of
part 193 of this chapter; [35 FR 320, Jan. 8, 1970, as amended by Amdt.
191–5, 49 FR 18960, May 3, 1984; Amdt. 191–10,
Master Meter System means a pipeline 61 FR 18516, Apr. 26, 1996; Amdt. 191–12, 62 FR
system for distributing gas within, but 61695, Nov. 19, 1997; 68 FR 11749, Mar. 12, 2003;
not limited to, a definable area, such as 70 FR 11139, Mar. 8, 2005]
a mobile home park, housing project,
or apartment complex, where the oper- § 191.5 Telephonic notice of certain in-
ator purchases metered gas from an cidents.
outside source for resale through a gas (a) At the earliest practicable mo-
distribution pipeline system. The gas ment following discovery, each oper-
distribution pipeline system supplies ator shall give notice in accordance
the ultimate consumer who either pur- with paragraph (b) of this section of
chases the gas directly through a each incident as defined in § 191.3.
meter or by other means, such as by (b) Each notice required by para-
rents; graph (a) of this section shall be made
Municipality means a city, county, or by telephone to 800–424–8802 (in Wash-
any other political subdivision of a ington, DC, 267–2675) and shall include
State; the following information.
Offshore means beyond the line of or- (1) Names of operator and person
dinary low water along that portion of making report and their telephone
the coast of the United States that is numbers.
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in direct contact with the open seas (2) The location of the incident.

24

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Pipeline and Hazardous Materials Safety Administration, DOT § 191.15

(3) The time of the incident. section, the operator shall make sup-
(4) The number of fatalities and per- plementary reports as deemed nec-
sonal injuries, if any. essary with a clear reference by date
(5) All other significant facts that are and subject to the original report.
known by the operator that are rel- (c) The incident report required by
evant to the cause of the incident or this section need not be submitted with
extent of the damages. respect to master meter systems or
[Amdt. 191–4, 47 FR 32720, July 29, 1982, as LNG facilities.
amended by Amdt. 191–5, 49 FR 18960, May 3, [Amdt. 191–5, 49 FR 18960, May 3, 1984]
1984; Amdt. 191–8, 54 FR 40878, Oct. 4, 1989]
§ 191.11 Distribution system: Annual
§ 191.7 Addressee for written reports. report.
Each written report required by this (a) Except as provided in paragraph
part must be made to the Information (b) of this section, each operator of a
Resources Manager, Office of Pipeline distribution pipeline system shall sub-
Safety, Pipeline and Hazardous Mate- mit an annual report for that system
rials Safety Administration, U.S. De- on Department of Transportation Form
partment of Transportation, Room RSPA F 7100.1–1. This report must be
7128, 400 Seventh Street, SW., Wash- submitted each year, not later than
ington, DC 20590. However, incident and March 15, for the preceding calendar
annual reports for intrastate pipeline year.
transportation subject to the jurisdic- (b) The annual report required by
tion of a State agency pursuant to a this section need not be submitted with
certification under section 5(a) of the respect to:
Natural Gas Pipeline Safety Act of 1968 (1) Petroleum gas systems which
may be submitted in duplicate to that serve fewer than 100 customers from a
State agency if the regulations of that single source;
agency require submission of these re- (2) Master meter systems; or
ports and provide for further trans- (3) LNG facilities.
mittal of one copy within 10 days of re-
ceipt for incident reports and not later [Amdt. 191–5, 49 FR 18960, May 3, 1984]
than March 15 for annual reports to the
Information Resources Manager. Safe- § 191.13 Distribution systems reporting
transmission pipelines; trans-
ty-related condition reports required mission or gathering systems re-
by § 191.23 for intrastate pipeline trans- porting distribution pipelines.
portation must be submitted concur-
rently to that State agency, and if that Each operator, primarily engaged in
agency acts as an agent of the Sec- gas distribution, who also operates gas
retary with respect to interstate trans- transmission or gathering pipelines
mission facilities, safety-related condi- shall submit separate reports for these
tion reports for these facilities must be pipelines as required by §§ 191.15 and
submitted concurrently to that agency. 191.17. Each operator, primarily en-
gaged in gas transmission or gathering,
[Amdt. 191–6, 53 FR 24949, July 1, 1988, as who also operates gas distribution
amended by Amdt. 191–16, 69 FR 32892, June pipelines shall submit separate reports
14, 2004; 70 FR 11139, Mar. 8, 2005]
for these pipelines as required by
§ 191.9 Distribution system: Incident §§ 191.9 and 191.11.
report. [Amdt. 191–5, 49 FR 18961, May 3, 1984]
(a) Except as provided in paragraph
(c) of this section, each operator of a § 191.15 Transmission and gathering
distribution pipeline system shall sub- systems: Incident report.
mit Department of Transportation (a) Except as provided in paragraph
Form RSPA F 7100.1 as soon as prac- (c) of this section, each operator of a
ticable but not more than 30 days after transmission or a gathering pipeline
detection of an incident required to be system shall submit Department of
reported under § 191.5. Transportation Form RSPA F 7100.2 as
(b) When additional relevant infor- soon as practicable but not more than
mation is obtained after the report is 30 days after detection of an incident
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submitted under paragraph (a) of this required to be reported under § 191.5.

25

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§ 191.17 49 CFR Ch. I (10–1–07 Edition)

(b) Where additional related informa- Director of OMB for each agency infor-
tion is obtained after a report is sub- mation collection requirement.
mitted under paragraph (a) of this sec-
tion, the operator shall make a supple- OMB CONTROL NUMBER 2137–0522
mental report as soon as practicable Section of 49 CFR part 191 where
with a clear reference by date and sub- Form No.
identified
ject to the original report.
191.5 ............................................... Telephonic.
(c) The incident report required by
191.9 ............................................... RSPA 7100.1
paragraph (a) of this section need not 191.11 ............................................. RSPA 7100.1–1
be submitted with respect to LNG fa- 191.15 ............................................. RSPA 7100.2
cilities. 191.17 ............................................. RSPA 7100.2–1.

[35 FR 320, Jan. 8, 1970, as amended by Amdt.


191–5, 49 FR 18961, May 3, 1984] [Amdt. 191–5, 49 FR 18961, May 3, 1984, as
amended by Amdt.191–13, 63 FR 7723, Feb. 17,
§ 191.17 Transmission and gathering 1998]
systems: Annual report.
§ 191.23 Reporting safety-related con-
(a) Except as provided in paragraph ditions.
(b) of this section, each operator of a
transmission or a gathering pipeline (a) Except as provided in paragraph
system shall submit an annual report (b) of this section, each operator shall
for that system on Department of report in accordance with § 191.25 the
Transportation Form RSPA 7100.2–1. existence of any of the following safe-
This report must be submitted each ty-related conditions involving facili-
year, not later than March 15, for the ties in service:
preceding calendar year. (1) In the case of a pipeline (other
(b) The annual report required by than an LNG facility) that operates at
paragraph (a) of this section need not a hoop stress of 20 percent or more of
be submitted with respect to LNG fa- its specified minimum yield strength,
cilities. general corrosion that has reduced the
wall thickness to less than that re-
[Amdt. 191–5, 49 FR 18961, May 3, 1984] quired for the maximum allowable op-
§ 191.19 Report forms. erating pressure, and localized corro-
sion pitting to a degree where leakage
Copies of the prescribed report forms might result.
are available without charge upon re- (2) Unintended movement or abnor-
quest from the address given in § 191.7. mal loading by environmental causes,
Additional copies in this prescribed such as an earthquake, landslide, or
format may be reproduced and used if flood, that impairs the serviceability of
in the same size and kind of paper. In a pipeline or the structural integrity or
addition, the information required by reliability of an LNG facility that con-
these forms may be submitted by any tains, controls, or processes gas or
other means that is acceptable to the LNG.
Administrator. (3) Any crack or other material de-
[Amdt. 191–10, 61 FR 18516, Apr. 26, 1996] fect that impairs the structural integ-
rity or reliability of an LNG facility
§ 191.21 OMB control number assigned that contains, controls, or processes
to information collection. gas or LNG.
This section displays the control (4) Any material defect or physical
number assigned by the Office of Man- damage that impairs the serviceability
agement and Budget (OMB) to the gas of a pipeline that operates at a hoop
pipeline information collection re- stress of 20 percent or more of its speci-
quirements of the Office of Pipeline fied minimum yield strength.
Safety pursuant to the Paperwork Re- (5) Any malfunction or operating
duction Act of 1980, Public Law 96–511. error that causes the pressure of a
It is the intent of this section to com- pipeline or LNG facility that contains
ply with the requirements of section or processes gas or LNG to rise above
3507(f) of the Paperwork Reduction Act its maximum allowable operating pres-
which requires that agencies display a sure (or working pressure for LNG fa-
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current control number assigned by the cilities) plus the build-up allowed for

26

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Pipeline and Hazardous Materials Safety Administration, DOT § 191.27

operation of pressure limiting or con- rate conditions may be described in a


trol devices. single report if they are closely re-
(6) A leak in a pipeline or LNG facil- lated. Reports may be transmitted by
ity that contains or processes gas or facsimile at (202) 366–7128.
LNG that constitutes an emergency. (b) The report must be headed ‘‘Safe-
(7) Inner tank leakage, ineffective in- ty-Related Condition Report’’ and pro-
sulation, or frost heave that impairs vide the following information:
the structural integrity of an LNG (1) Name and principal address of op-
storage tank. erator.
(8) Any safety-related condition that
(2) Date of report.
could lead to an imminent hazard and
(3) Name, job title, and business tele-
causes (either directly or indirectly by
remedial action of the operator), for phone number of person submitting the
purposes other than abandonment, a 20 report.
percent or more reduction in operating (4) Name, job title, and business tele-
pressure or shutdown of operation of a phone number of person who deter-
pipeline or an LNG facility that con- mined that the condition exists.
tains or processes gas or LNG. (5) Date condition was discovered and
(b) A report is not required for any date condition was first determined to
safety-related condition that— exist.
(1) Exists on a master meter system (6) Location of condition, with ref-
or a customer-owned service line; erence to the State (and town, city, or
(2) Is an incident or results in an in- county) or offshore site, and as appro-
cident before the deadline for filing the priate, nearest street address, offshore
safety-related condition report; platform, survey station number, mile-
(3) Exists on a pipeline (other than an post, landmark, or name of pipeline.
LNG facility) that is more than 220 (7) Description of the condition, in-
yards (200 meters) from any building cluding circumstances leading to its
intended for human occupancy or out- discovery, any significant effects of the
door place of assembly, except that re- condition on safety, and the name of
ports are required for conditions within the commodity transported or stored.
the right-of-way of an active railroad, (8) The corrective action taken (in-
paved road, street, or highway; or cluding reduction of pressure or shut-
(4) Is corrected by repair or replace- down) before the report is submitted
ment in accordance with applicable and the planned follow-up or future
safety standards before the deadline for corrective action, including the antici-
filing the safety-related condition re- pated schedule for starting and con-
port, except that reports are required cluding such action.
for conditions under paragraph (a)(1) of
this section other than localized corro- [Amdt. 191–6, 53 FR 24949, July 1, 1988; 53 FR
sion pitting on an effectively coated 29800, Aug. 8, 1988, as amended by Amdt. 191–
and cathodically protected pipeline. 7, 54 FR 32344, Aug. 7, 1989; Amdt. 191–8, 54 FR
40878, Oct. 4, 1989; Amdt. 191–10, 61 FR 18516,
[Amdt. 191–6, 53 FR 24949, July 1, 1988, as Apr. 26, 1996]
amended by Amdt. 191–14, 63 FR 37501, July
13, 1998] § 191.27 Filing offshore pipeline condi-
tion reports.
§ 191.25 Filing safety-related condition
reports. (a) Each operator shall, within 60
(a) Each report of a safety-related days after completion of the inspection
condition under § 191.23(a) must be filed of all its underwater pipelines subject
(received by the Associate Adminis- to § 192.612(a), report the following in-
trator, OPS) in writing within five formation:
working days (not including Saturday, (1) Name and principal address of op-
Sunday, or Federal Holidays) after the erator.
day a representative of the operator (2) Date of report.
first determines that the condition ex- (3) Name, job title, and business tele-
ists, but not later than 10 working days phone number of person submitting the
after the day a representative of the report.
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operator discovers the condition. Sepa- (4) Total length of pipeline inspected.

27

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Pt. 192 49 CFR Ch. I (10–1–07 Edition)

(5) Length and date of installation of Subpart C—Pipe Design


each exposed pipeline segment, and lo-
192.101 Scope.
cation, including, if available, the loca- 192.103 General.
tion according to the Minerals Manage- 192.105 Design formula for steel pipe.
ment Service or state offshore area and 192.107 Yield strength (S) for steel pipe.
block number tract. 192.109 Nominal wall thickness (t) for steel
(6) Length and date of installation of pipe.
each pipeline segment, if different from 192.111 Design factor (F) for steel pipe.
192.113 Longitudinal joint factor (E) for
a pipeline segment identified under
steel pipe.
paragraph (a)(5) of this section, that is 192.115 Temperature derating factor (T) for
a hazard to navigation, and the loca- steel pipe.
tion, including, if available, the loca- 192.117 [Reserved]
tion according to the Minerals Manage- 192.119 [Reserved]
ment Service or state offshore area and 192.121 Design of plastic pipe.
block number tract. 192.123 Design limitations for plastic pipe.
192.125 Design of copper pipe.
(b) The report shall be mailed to the
Information Officer, Pipeline and Haz- Subpart D—Design of Pipeline Components
ardous Materials Safety Administra-
tion, Department of Transportation, 192.141 Scope.
400 Seventh Street, SW., Washington, 192.143 General requirements.
192.144 Qualifying metallic components.
DC 20590. 192.145 Valves.
[Amdt. 191–9, 56 FR 63770, Dec. 5, 1991, as 192.147 Flanges and flange accessories.
amended by Amdt. 191–14, 63 FR 37501, July 192.149 Standard fittings.
13, 1998; 70 FR 11139, Mar. 8, 2005] 192.150 Passage of internal inspection de-
vices.
192.151 Tapping.
PART 192—TRANSPORTATION OF 192.153 Components fabricated by welding.
NATURAL AND OTHER GAS BY 192.155 Welded branch connections.
PIPELINE: MINIMUM FEDERAL 192.157 Extruded outlets.
192.159 Flexibility.
SAFETY STANDARDS 192.161 Supports and anchors.
192.163 Compressor stations: Design and
Subpart A—General construction.
192.165 Compressor stations: Liquid re-
Sec. moval.
192.1 What is the scope of this part? 192.167 Compressor stations: Emergency
192.3 Definitions. shutdown.
192.5 Class locations. 192.169 Compressor stations: Pressure lim-
192.7 What documents are incorporated by iting devices.
reference partly or wholly in this part? 192.171 Compressor stations: Additional
192.8 How are onshore gathering lines and safety equipment.
regulated onshore gathering lines deter- 192.173 Compressor stations: Ventilation.
mined? 192.175 Pipe-type and bottle-type holders.
192.9 What requirements apply to gathering 192.177 Additional provisions for bottle-type
lines? holders.
192.10 Outer continental shelf pipelines. 192.179 Transmission line valves.
192.11 Petroleum gas systems. 192.181 Distribution line valves.
192.13 What general requirements apply to 192.183 Vaults: Structural design require-
pipelines regulated under this part? ments.
192.14 Conversion to service subject to this 192.185 Vaults: Accessibility.
part. 192.187 Vaults: Sealing, venting, and ven-
192.15 Rules of regulatory construction. tilation.
192.16 Customer notification. 192.189 Vaults: Drainage and waterproofing.
192.191 Design pressure of plastic fittings.
Subpart B—Materials 192.193 Valve installation in plastic pipe.
192.195 Protection against accidental over-
192.51 Scope. pressuring.
192.53 General. 192.197 Control of the pressure of gas deliv-
192.55 Steel pipe. ered from high-pressure distribution sys-
192.57 [Reserved] tems.
192.59 Plastic pipe. 192.199 Requirements for design of pressure
192.61 [Reserved] relief and limiting devices.
192.63 Marking of materials. 192.201 Required capacity of pressure reliev-
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192.65 Transportation of pipe. ing and limiting stations.

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Pipeline and Hazardous Materials Safety Administration, DOT Pt. 192
192.203 Instrument, control, and sampling 192.369 Service lines: Connections to cast
pipe and components. iron or ductile iron mains.
192.371 Service lines: Steel.
Subpart E—Welding of Steel in Pipelines 192.373 Service lines: Cast iron and ductile
iron.
192.221 Scope. 192.375 Service lines: Plastic.
192.225 Welding procedures. 192.377 Service lines: Copper.
192.227 Qualification of welders. 192.379 New service lines not in use.
192.229 Limitations on welders. 192.381 Service lines: Excess flow valve per-
192.231 Protection from weather. formance standards.
192.233 Miter joints. 192.383 Excess flow valve customer notifica-
192.235 Preparation for welding. tion.
192.241 Inspection and test of welds.
192.243 Nondestructive testing. Subpart I—Requirements for Corrosion
192.245 Repair or removal of defects. Control
Subpart F—Joining of Materials Other Than 192.451 Scope.
by Welding 192.452 How does this subpart apply to con-
verted pipelines and regulated onshore
192.271 Scope. gathering lines?
192.273 General. 192.453 General.
192.275 Cast iron pipe. 192.455 External corrosion control: Buried
192.277 Ductile iron pipe. or submerged pipelines installed after
192.279 Copper pipe. July 31, 1971.
192.281 Plastic pipe. 192.457 External corrosion control: Buried
192.283 Plastic pipe: Qualifying joining pro- or submerged pipelines installed before
cedures. August 1, 1971.
192.285 Plastic pipe: Qualifying persons to 192.459 External corrosion control: Exam-
make joints. ination of buried pipeline when exposed.
192.287 Plastic pipe: Inspection of joints. 192.461 External corrosion control: Protec-
tive coating.
Subpart G—General Construction Require- 192.463 External corrosion control: Cathodic
ments for Transmission Lines and Mains protection.
192.465 External corrosion control: Moni-
192.301 Scope. toring.
192.303 Compliance with specifications or 192.467 External corrosion control: Elec-
standards. trical isolation.
192.305 Inspection: General. 192.469 External corrosion control: Test sta-
192.307 Inspection of materials. tions.
192.309 Repair of steel pipe. 192.471 External corrosion control: Test
192.311 Repair of plastic pipe. leads.
192.313 Bends and elbows. 192.473 External corrosion control: Inter-
192.315 Wrinkle bends in steel pipe. ference currents.
192.317 Protection from hazards. 192.475 Internal corrosion control: General.
192.319 Installation of pipe in a ditch. 192.476 Internal corrosion control: Design
192.321 Installation of plastic pipe. and construction of transmission line.
192.323 Casing. 192.477 Internal corrosion control: Moni-
192.325 Underground clearance. toring.
192.327 Cover. 192.479 Atmospheric corrosion control: Gen-
eral.
Subpart H—Customer Meters, Service 192.481 Atmospheric corrosion control: Mon-
Regulators, and Service Lines itoring.
192.483 Remedial measures: General.
192.351 Scope. 192.485 Remedial measures: Transmission
192.353 Customer meters and regulators: Lo- lines.
cation. 192.487 Remedial measures: Distribution
192.355 Customer meters and regulators: lines other than cast iron or ductile iron
Protection from damage. lines.
192.357 Customer meters and regulators: In- 192.489 Remedial measures: Cast iron and
stallation. ductile iron pipelines.
192.359 Customer meter installations: Oper- 192.490 Direct assessment.
ating pressure. 192.491 Corrosion control records.
192.361 Service lines: Installation.
192.363 Service lines: Valve requirements. Subpart J—Test Requirements
192.365 Service lines: Location of valves.
192.367 Service lines: General requirements 192.501 Scope.
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for connections to main piping. 192.503 General requirements.

29

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Pt. 192 49 CFR Ch. I (10–1–07 Edition)
192.505 Strength test requirements for steel 192.707 Line markers for mains and trans-
pipeline to operate at a hoop stress of 30 mission lines.
percent or more of SMYS. 192.709 Transmission lines: Record keeping.
192.507 Test requirements for pipelines to 192.711 Transmission lines: General require-
operate at a hoop stress less than 30 per- ments for repair procedures.
cent of SMYS and at or above 100 p.s.i. 192.713 Transmission lines: Permanent field
(689 kPa) gage. repair of imperfections and damages.
192.509 Test requirements for pipelines to 192.715 Transmission lines: Permanent field
operate below 100 p.s.i. (689 kPa) gage. repair of welds.
192.511 Test requirements for service lines. 192.717 Transmission lines: Permanent field
192.513 Test requirements for plastic pipe- repair of leaks.
lines. 192.719 Transmission lines: Testing of re-
192.515 Environmental protection and safety pairs.
requirements. 192.721 Distribution systems: Patrolling.
192.517 Records. 192.723 Distribution systems: Leakage sur-
veys.
Subpart K—Uprating 192.725 Test requirements for reinstating
192.551 Scope. service lines.
192.553 General requirements. 192.727 Abandonment or deactivation of fa-
192.555 Uprating to a pressure that will cilities.
produce a hoop stress of 30 percent or 192.731 Compressor stations: Inspection and
more of SMYS in steel pipelines. testing of relief devices.
192.557 Uprating: Steel pipelines to a pres- 192.735 Compressor stations: Storage of
sure that will produce a hoop stress less combustible materials.
than 30 percent of SMYS; plastic, cast 192.736 Compressor stations: Gas detection.
iron, and ductile iron pipelines. 192.739 Pressure limiting and regulating
stations: Inspection and testing.
Subpart L—Operations 192.741 Pressure limiting and regulating
stations: Telemetering or recording
192.601 Scope. gauges.
192.603 General provisions. 192.743 Pressure limiting and regulating
192.605 Procedural manual for operations, stations: Capacity of relief devices.
maintenance, and emergencies. 192.745 Valve maintenance: Transmission
192.607 [Reserved] lines.
192.609 Change in class location: Required 192.747 Valve maintenance: Distribution
study. systems.
192.611 Change in class location: Confirma- 192.749 Vault maintenance.
tion or revision of maximum allowable 192.751 Prevention of accidental ignition.
operating pressure. 192.753 Caulked bell and spigot joints.
192.612 Underwater inspection and reburial
192.755 Protecting cast-iron pipelines.
of pipelines in the Gulf of Mexico and its
inlets.
192.613 Continuing surveillance.
Subpart N—Qualification of Pipeline
192.614 Damage prevention program. Personnel
192.615 Emergency plans.
192.801 Scope.
192.616 Public awareness.
192.803 Definitions.
192.617 Investigation of failures.
192.805 Qualification Program.
192.619 What is the maximum allowable op-
erating pressure for steel or plastic pipe- 192.807 Recordkeeping.
lines? 192.809 General.
192.621 Maximum allowable operating pres-
sure: High-pressure distribution systems. Subpart O—Gas Transmission Pipeline
192.623 Maximum and minimum allowable Integrity Management
operating pressure; Low-pressure dis-
192.901 What do the regulations in this sub-
tribution systems.
part cover?
192.625 Odorization of gas.
192.627 Tapping pipelines under pressure. 192.903 What definitions apply to this sub-
192.629 Purging of pipelines. part?
192.905 How does an operator identify a high
Subpart M—Maintenance consequence area?
192.907 What must an operator do to imple-
192.701 Scope. ment this subpart?
192.703 General. 192.909 How can an operator change its in-
192.705 Transmission lines: Patrolling. tegrity management program?
192.706 Transmission lines: Leakage sur- 192.911 What are the elements of an integ-
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veys. rity management program?

30

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.1
192.913 When may an operator deviate its EDITORIAL NOTE: Nomenclature changes to
program from certain requirements of part 192 appear at 71 FR 33406, June 9, 2006.
this subpart?
192.915 What knowledge and training must
personnel have to carry out an integrity Subpart A—General
management program?
192.917 How does an operator identify poten- § 192.1 What is the scope of this part?
tial threats to pipeline integrity and use (a) This part prescribes minimum
the threat identification in its integrity safety requirements for pipeline facili-
program?
ties and the transportation of gas, in-
192.919 What must be in the baseline assess-
ment plan? cluding pipeline facilities and the
192.921 How is the baseline assessment to be transportation of gas within the limits
conducted? of the outer continental shelf as that
192.923 How is direct assessment used and term is defined in the Outer Conti-
for what threats? nental Shelf Lands Act (43 U.S.C. 1331).
192.925 What are the requirements for using (b) This part does not apply to—
External Corrosion Direct Assessment
(ECDA)?
(1) Offshore gathering of gas in State
192.927 What are the requirements for using waters upstream from the outlet flange
Internal Corrosion Direct Assessment of each facility where hydrocarbons are
(ICDA)? produced or where produced hydro-
192.929 What are the requirements for using carbons are first separated, dehy-
Direct Assessment for Stress Corrosion drated, or otherwise processed, which-
Cracking (SCCDA)? ever facility is farther downstream;
192.931 How may Confirmatory Direct As-
(2) Pipelines on the Outer Conti-
sessment (CDA) be used?
192.933 What actions must be taken to ad- nental Shelf (OCS) that are producer-
dress integrity issues? operated and cross into State waters
192.935 What additional preventive and without first connecting to a trans-
mitigative measures must an operator porting operator’s facility on the OCS,
take? upstream (generally seaward) of the
192.937 What is a continual process of eval- last valve on the last production facil-
uation and assessment to maintain a ity on the OCS. Safety equipment pro-
pipeline’s integrity?
192.939 What are the required reassessment
tecting PHMSA-regulated pipeline seg-
intervals? ments is not excluded. Producing oper-
192.941 What is a low stress reassessment? ators for those pipeline segments up-
192.943 When can an operator deviate from stream of the last valve of the last pro-
these reassessment intervals? duction facility on the OCS may peti-
192.945 What methods must an operator use tion the Administrator, or designee, for
to measure program effectiveness? approval to operate under PHMSA reg-
192.947 What records must an operator ulations governing pipeline design,
keep?
192.949 How does an operator notify
construction, operation, and mainte-
PHMSA? nance under 49 CFR 190.9;
192.951 Where does an operator file a report? (3) Pipelines on the Outer Conti-
APPENDIX A TO PART 192 [RESERVED] nental Shelf upstream of the point at
APPENDIX B TO PART 192—QUALIFICATION OF which operating responsibility trans-
PIPE fers from a producing operator to a
APPENDIX C TO PART 192—QUALIFICATION OF transporting operator;
WELDERS FOR LOW STRESS LEVEL PIPE (4) Onshore gathering of gas—
APPENDIX D TO PART 192—CRITERIA FOR CA-
(i) Through a pipeline that operates
THODIC PROTECTION AND DETERMINATION
OF MEASUREMENTS
at less than 0 psig (0 kPa);
APPENDIX E TO PART 192—GUIDANCE ON DE- (ii) Through a pipeline that is not a
TERMINING HIGH CONSEQUENCE AREAS AND regulated onshore gathering line (as
ON CARRYING OUT REQUIREMENTS IN THE determined in § 192.8); and
INTEGRITY MANAGEMENT RULE (iii) Within inlets of the Gulf of Mex-
AUTHORITY: 49 U.S.C. 5103, 60102, 60104, ico, except for the requirements in
60108, 60109, 60110, 60113, and 60118; and 49 CFR § 192.612; or
1.53. (5) Any pipeline system that trans-
SOURCE: 35 FR 13257, Aug. 19, 1970, unless ports only petroleum gas or petroleum
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otherwise noted. gas/air mixtures to—

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§ 192.3 49 CFR Ch. I (10–1–07 Edition)

(i) Fewer than 10 customers, if no feet (4.6 meters) deep, as measured


portion of the system is located in a from the mean low water.
public place; or High-pressure distribution system
(ii) A single customer, if the system means a distribution system in which
is located entirely on the customer’s the gas pressure in the main is higher
premises (no matter if a portion of the than the pressure provided to the cus-
system is located in a public place). tomer.
[35 FR 13257, Aug. 19, 1970, as amended by Line section means a continuous run
Amdt. 192–27, 41 FR 34605, Aug. 16, 1976; of transmission line between adjacent
Amdt. 192–67, 56 FR 63771, Dec. 5, 1991; Amdt. compressor stations, between a com-
192–78, 61 FR 28782, June 6, 1996; Amdt. 192–81,
62 FR 61695, Nov. 19, 1997; Amdt. 192–92, 68 FR pressor station and storage facilities,
46112, Aug. 5, 2003; 70 FR 11139, Mar. 8, 2005; between a compressor station and a
Amdt. 192–102, 71 FR 13301, Mar. 15, 2006; block valve, or between adjacent block
Amdt. 192–103, 72 FR 4656, Feb. 1, 2007] valves.
Listed specification means a specifica-
§ 192.3 Definitions.
tion listed in section I of appendix B of
As used in this part: this part.
Abandoned means permanently re- Low-pressure distribution system means
moved from service. a distribution system in which the gas
Administrator means the Adminis-
pressure in the main is substantially
trator, Pipeline and Hazardous Mate-
rials Safety Administration or his or the same as the pressure provided to
her delegate. the customer.
Customer meter means the meter that Main means a distribution line that
measures the transfer of gas from an serves as a common source of supply
operator to a consumer. for more than one service line.
Distribution line means a pipeline Maximum actual operating pressure
other than a gathering or transmission means the maximum pressure that oc-
line. curs during normal operations over a
Exposed underwater pipeline means an period of 1 year.
underwater pipeline where the top of Maximum allowable operating pressure
the pipe protrudes above the under- (MAOP) means the maximum pressure
water natural bottom (as determined at which a pipeline or segment of a
by recognized and generally accepted pipeline may be operated under this
practices) in waters less than 15 feet
part.
(4.6 meters) deep, as measured from
mean low water. Municipality means a city, county, or
Gas means natural gas, flammable any other political subdivision of a
gas, or gas which is toxic or corrosive. State.
Gathering line means a pipeline that Offshore means beyond the line of or-
transports gas from a current produc- dinary low water along that portion of
tion facility to a transmission line or the coast of the United States that is
main. in direct contact with the open seas
Gulf of Mexico and its inlets means the and beyond the line marking the sea-
waters from the mean high water mark ward limit of inland waters.
of the coast of the Gulf of Mexico and Operator means a person who engages
its inlets open to the sea (excluding in the transportation of gas.
rivers, tidal marshes, lakes, and ca- Outer Continental Shelf means all sub-
nals) seaward to include the territorial merged lands lying seaward and out-
sea and Outer Continental Shelf to a
side the area of lands beneath navi-
depth of 15 feet (4.6 meters), as meas-
gable waters as defined in Section 2 of
ured from the mean low water.
Hazard to navigation means, for the the Submerged Lands Act (43 U.S.C.
purposes of this part, a pipeline where 1301) and of which the subsoil and sea-
the top of the pipe is less than 12 bed appertain to the United States and
inches (305 millimeters) below the un- are subject to its jurisdiction and con-
derwater natural bottom (as deter- trol.
mined by recognized and generally ac- Person means any individual, firm,
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cepted practices) in waters less than 15 joint venture, partnership, corporation,

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.5

association, State, municipality, coop- specification, the yield strength deter-


erative association, or joint stock asso- mined in accordance with § 192.107(b).
ciation, and including any trustee, re- State means each of the several
ceiver, assignee, or personal represent- States, the District of Columbia, and
ative thereof. the Commonwealth of Puerto Rico.
Petroleum gas means propane, pro- Transmission line means a pipeline,
pylene, butane, (normal butane or other than a gathering line, that: (1)
isobutanes), and butylene (including Transports gas from a gathering line or
isomers), or mixtures composed pre- storage facility to a distribution cen-
dominantly of these gases, having a ter, storage facility, or large volume
vapor pressure not exceeding 208 psi customer that is not down-stream from
(1434 kPa) gage at 100 °F (38 °C). a distribution center; (2) operates at a
Pipe means any pipe or tubing used in hoop stress of 20 percent or more of
the transportation of gas, including SMYS; or (3) transports gas within a
pipe-type holders. storage field.
Pipeline means all parts of those NOTE: A large volume customer may re-
ceive similar volumes of gas as a distribu-
physical facilities through which gas tion center, and includes factories, power
moves in transportation, including plants, and institutional users of gas.
pipe, valves, and other appurtenance Transportation of gas means the gath-
attached to pipe, compressor units, me- ering, transmission, or distribution of
tering stations, regulator stations, de- gas by pipeline or the storage of gas, in
livery stations, holders, and fabricated or affecting interstate or foreign com-
assemblies. merce.
Pipeline facility means new and exist-
ing pipelines, rights-of-way, and any [Amdt. 192–13, 38 FR 9084, Apr. 10, 1973, as
amended by Amdt. 192–27, 41 FR 34605, Aug.
equipment, facility, or building used in 16, 1976; Amdt. 192–58, 53 FR 1635, Jan. 21,
the transportation of gas or in the 1988; Amdt. 192–67, 56 FR 63771, Dec. 5, 1991;
treatment of gas during the course of Amdt. 192–72, 59 FR 17281, Apr. 12, 1994; Amdt.
transportation. 192–78, 61 FR 28783, June 6, 1996; Amdt. 192–81,
Service line means a distribution line 62 FR 61695, Nov. 19, 1997; Amdt. 192–85, 63 FR
that transports gas from a common 37501, July 13, 1998; Amdt. 192–89, 65 FR 54443,
source of supply to an individual cus- Sept. 8, 2000; 68 FR 11749, Mar. 12, 2003; Amdt.
192–93, 68 FR 53900, Sept. 15, 2003; Amdt. 192–
tomer, to two adjacent or adjoining 98, 69 FR 48406, Aug. 10, 2004; Amdt. 192–94, 69
residential or small commercial cus- FR 54592, Sept. 9, 2004; 70 FR 3148, Jan. 21,
tomers, or to multiple residential or 2005; 70 FR 11139, Mar. 8, 2005]
small commercial customers served
through a meter header or manifold. A § 192.5 Class locations.
service line ends at the outlet of the (a) This section classifies pipeline lo-
customer meter or at the connection to cations for purposes of this part. The
a customer’s piping, whichever is fur- following criteria apply to classifica-
ther downstream, or at the connection tions under this section.
to customer piping if there is no meter. (1) A ‘‘class location unit’’ is an on-
Service regulator means the device on shore area that extends 220 yards (200
a service line that controls the pres- meters) on either side of the centerline
sure of gas delivered from a higher of any continuous 1- mile (1.6 kilo-
pressure to the pressure provided to meters) length of pipeline.
the customer. A service regulator may (2) Each separate dwelling unit in a
serve one customer or multiple cus- multiple dwelling unit building is
tomers through a meter header or counted as a separate building intended
manifold. for human occupancy.
SMYS means specified minimum (b) Except as provided in paragraph
yield strength is: (c) of this section, pipeline locations
(1) For steel pipe manufactured in ac- are classified as follows:
cordance with a listed specification, (1) A Class 1 location is:
the yield strength specified as a min- (i) An offshore area; or
imum in that specification; or (ii) Any class location unit that has
(2) For steel pipe manufactured in ac- 10 or fewer buildings intended for
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cordance with an unknown or unlisted human occupancy.

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§ 192.7 49 CFR Ch. I (10–1–07 Edition)

(2) A Class 2 location is any class lo- by reference by the Director of the
cation unit that has more than 10 but Federal Register in accordance with 5
fewer than 46 buildings intended for U.S.C. 552(a) and 1 CFR part 51. In addi-
human occupancy. tion, the incorporated materials are
(3) A Class 3 location is: available from the respective organiza-
(i) Any class location unit that has 46 tions listed in paragraph (c) (1) of this
or more buildings intended for human section.
occupancy; or (c) The full titles of documents incor-
(ii) An area where the pipeline lies porated by reference, in whole or in
within 100 yards (91 meters) of either a part, are provided herein. The numbers
building or a small, well-defined out- in parentheses indicate applicable edi-
side area (such as a playground, recre- tions. For each incorporated document,
ation area, outdoor theater, or other citations of all affected sections are
place of public assembly) that is occu- provided. Earlier editions of currently
pied by 20 or more persons on at least listed documents or editions of docu-
5 days a week for 10 weeks in any 12- ments listed in previous editions of 49
month period. (The days and weeks CFR part 192 may be used for materials
need not be consecutive.) and components designed, manufac-
(4) A Class 4 location is any class lo- tured, or installed in accordance with
cation unit where buildings with four these earlier documents at the time
or more stories above ground are prev- they were listed. The user must refer
alent. to the appropriate previous edition of
(c) The length of Class locations 2, 3, 49 CFR part 192 for a listing of the ear-
and 4 may be adjusted as follows: lier listed editions or documents.
(1) A Class 4 location ends 220 yards (1) Incorporated by reference (IBR).
(200 meters) from the nearest building
with four or more stories above ground. List of Organizations and Addresses:
(2) When a cluster of buildings in- A. Pipeline Research Council Inter-
tended for human occupancy requires a national, Inc. (PRCI), c/o Technical
Class 2 or 3 location, the class location Toolboxes, 3801 Kirby Drive, Suite 520,
ends 220 yards (200 meters) from the Houston, TX 77098.
nearest building in the cluster. B. American Petroleum Institute
[Amdt. 192–78, 61 FR 28783, June 6, 1996; 61 FR (API), 1220 L Street, NW., Washington,
35139, July 5, 1996, as amended by Amdt. 192– DC 20005.
85, 63 FR 37502, July 13, 1998] C. American Society for Testing and
Materials (ASTM), 100 Barr Harbor
§ 192.7 What documents are incor-
porated by reference partly or Drive, West Conshohocken, PA 19428.
wholly in this part? D. ASME International (ASME),
Three Park Avenue, New York, NY
(a) Any documents or portions there-
10016–5990.
of incorporated by reference in this
E. Manufacturers Standardization
part are included in this part as though
set out in full. When only a portion of Society of the Valve and Fittings In-
a document is referenced, the remain- dustry, Inc. (MSS), 127 Park Street,
der is not incorporated in this part. NE., Vienna, VA 22180.
(b) All incorporated materials are F. National Fire Protection Associa-
available for inspection in the Pipeline tion (NFPA), 1 Batterymarch Park,
and Hazardous Materials Safety Ad- P.O. Box 9101, Quincy, MA 02269–9101.
ministration, 400 Seventh Street, SW., G. Plastics Pipe Institute, Inc. (PPI),
Washington, DC, or at the National Ar- 1825 Connecticut Avenue, NW., Suite
chives and Records Administration 680, Washington, DC 20009.
(NARA). For information on the avail- H. NACE International (NACE), 1440
ability of this material at NARA, call South Creek Drive, Houston, TX 77084.
202–741–6030 or go to: http:// I. Gas Technology Institute (GTI),
www.archives.gov/federallregister/ 1700 South Mount Prospect Road, Des
codeloflfederallregulations/ Plaines, IL 60018.
ibrllocations.html. These materials (2) Documents incorporated by ref-
have been approved for incorporation erence.
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34

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.7

Source and name of referenced material 49 CFR reference

A. Pipeline Research Council International (PRCI):


(1) AGA Pipeline Research Committee, Project PR–3–805, ‘‘A Modified Criterion §§ 192.933(a); 192.485(c).
for Evaluating the Remaining Strength of Corroded Pipe,’’ (December 22,
1989). The RSTRENG program may be used for calculating remaining
strength.
B. American Petroleum Institute (API):
(1) API Specification 5L ‘‘Specification for Line Pipe,’’ (43rd edition and er- §§ 192.55(e); 192.113; Item I of Appendix
rata, 2004). B.
(2) API Recommended Practice 5L1 ‘‘Recommended Practice for Railroad § 192.65(a).
Transportation of Line Pipe,’’ (6th edition, 2002).
(3) API Specification 6D ‘‘Pipeline Valves,’’ (22nd edition, January 2002) ..... § 192.145(a).
(4) API Recommended Practice 80, ‘‘Guidelines for the Definition of On- § 192.8(a); 192.8(a)(1); 192.8(a)(2);
shore Gas Gathering Lines,’’ (1st edition, April 2000). 192.8(a)(3); 192.8(a)(4).
(5) API 1104 ‘‘Welding of Pipelines and Related Facilities,’’ (19th edition, §§ 192.227(a); 192.229(c)(1); 192.241(c);
1999, including Errata October 31, 2001). Item II, Appendix B.
(6) API Recommended Practice 1162 ‘‘Public Awareness Programs for §§ 192.616(a); 192.616(b); 192.616(c).
Pipeline Operators,’’ (1st edition, December 2003).
C. American Society for Testing and Materials (ASTM):
(1) ASTM A53/A53M–04a (2004) ‘‘Standard Specification for Pipe, Steel, Black §§ 192.113; Item I, Appendix B.
and Hot-Dipped, Zinc-Coated, Welded and Seamless.’’.
(2) ASTM A106/A106M–04b (2004) ‘‘Standard Specification for Seamless Car- §§ 192.113; Item I, Appendix B.
bon Steel Pipe for High-Temperature Service.’’.
(3) ASTM A333/A333M–05 (2005) ‘‘Standard Specification for Seamless and §§ 192.113; Item I, Appendix B.
Welded Steel Pipe for Low-Temperature Service.’’.
(4) ASTM A372/A372M–03 (2003) ‘‘Standard Specification for Carbon and Alloy § 192.177(b)(1).
Steel Forgings for Thin-Walled Pressure Vessels.’’.
(5) ASTM A381–96 (Reapproved 2001) ‘‘Standard Specification for Metal-Arc §§ 192.113; Item I, Appendix B.
Welded Steel Pipe for Use With High-Pressure Transmission Systems.’’.
(6) ASTM A671–04 (2004) ‘‘Standard Specification for Electric-Fusion-Welded §§ 192.113; Item I, Appendix B.
Steel Pipe for Atmospheric and Lower Temperatures.’’.
(7) ASTM A672–96 (Reapproved 2001) ‘‘Standard Specification for Electric-Fu- §§ 192.113; Item I, Appendix B.
sion-Welded Steel Pipe for High-Pressure Service at Moderate Tempera-
tures.’’.
(8) ASTM A691–98 (Reapproved 2002) ‘‘Standard Specification for Carbon and §§ 192.113; Item I, Appendix B.
Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure Service at High
Temperatures.’’.
(9) ASTM D638–03 ‘‘Standard Test Method for Tensile Properties of Plastics.’’ .. §§ 192.283(a)(3); 192.283(b)(1).
(10) ASTM D2513–87 ‘‘Standard Specification for Thermoplastic Gas Pressure § 192.63(a)(1).
Pipe, Tubing, and Fittings.’’.
(11) ASTM D2513–99 ‘‘Standard Specification for Thermoplastic Gas Pressure §§ 192.191(b); 192.281(b)(2);
Pipe, Tubing, and Fittings.’’. 192.283(a)(1)(i); Item 1, Appendix B.
(12) ASTM D2517–00 ‘‘Standard Specification for Reinforced Epoxy Resin Gas §§ 192.191(a); 192.281(d)(1);
Pressure Pipe and Fittings.’’. 192.283(a)(1)(ii); Item I, Appendix B.
(13) ASTM F1055–1998 ‘‘Standard Specification for Electrofusion Type Poly- § 192.283(a)(1)(iii).
ethylene Fittings for Outside Diameter Controller Polyethylene Pipe and Tub-
ing.’’.
D. ASME International (ASME):
(1) ASME B16.1–1998 ‘‘Cast Iron Pipe Flanges and Flanged Fittings.’’ ............... § 192.147(c).
(2) ASME B16.5–2003 (October 2004) ‘‘Pipe Flanges and Flanged Fittings.’’ ...... §§ 192.147(a); 192.279.
(3) ASME B31G–1991 (Reaffirmed; 2004) ‘‘Manual for Determining the Remain- §§ 192.485(c); 192.933(a).
ing Strength of Corroded Pipelines.’’.
(4) ASME B31.8–2003 (February 2004) ‘‘Gas Transmission and Distribution Pip- § 192.619(a)(1)(i).
ing Systems.’’.
(5) ASME B31.8S–2004 ‘‘Supplement to B31.8 on Managing System Integrity of §§ 192.903(c); 192.907(b); 192.911, Intro-
Gas Pipelines.’’. ductory text; 192.911(i); 192.911(k);
192.911(l); 192.911(m); 192.913(a) In-
troductory text; 192.913(b)(1);
192.917(a) Introductory text;
192.917(b); 192.917(c); 192.917(e)(1);
192.917(e)(4); 192.921(a)(1);
192.923(b)(2); 192.923(b)(3);
192.925(b) Introductory text;
102.925(b)(1); 192.925(b)(2);
192.925(b)(3); 192.925(b)(4);
192.927(b); 192.927(c)(1)(i);
192.929(b)(1); 192.929(b)(2);
192.933(a); 192.933(d)(1);
192.933(d)(1)(i); 192.935(a);
192.935(b)(1)(iv); 192.937(c)(1);
192.939(a)(1)(i); 192.939(a)(1)(ii);
192.939(a)(3); 192.945(a).
(6) ASME Boiler and Pressure Vessel Code, Section I, ‘‘Rules for Construction § 192.153(a).
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of Power Boilers,’’ (2004 edition, including addenda through July 1, 2005).

35

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§ 192.8 49 CFR Ch. I (10–1–07 Edition)

Source and name of referenced material 49 CFR reference

(7) ASME Boiler and Pressure Vessel Code, Section VIII, Division 1, ‘‘Rules for §§ 192.153(a); 192.153(b); 192.153(d);
Construction of Pressure Vessels,’’ (2004 edition, including addenda through 192.165(b)(3).
July 1, 2005).
(8) ASME Boiler and Pressure Vessel Code, Section VIII, Division 2, ‘‘Rules for §§ 192.153(b); 192.165(b)(3).
Construction of Pressure Vessels—Alternative Rules,’’ (2004 edition, including
addenda through July 1, 2005).
(9) ASME Boiler and Pressure Vessel Code, Section IX, ‘‘Welding and Brazing §§ 192.227(a); Item II, Appendix B.
Qualifications,’’ (2004 edition, including addenda through July 1, 2005).
E. Manufacturers Standardization Society of the Valve and Fittings Industry, Inc.
(MSS):
(1) MSS SP–44–1996 (Reaffirmed; 2001) ‘‘Steel Pipe Line Flanges.’’ .................. § 192.147(a).
(2) [Reserved] .........................................................................................................
F. National Fire Protection Association (NFPA):
(1) NFPA 30 (2003) ‘‘Flammable and Combustible Liquids Code.’’ ...................... § 192.735(b).
(2) NFPA 58 (2004) ‘‘Liquefied Petroleum Gas Code (LP-Gas Code).’’ ................ § 192.11(a); 192.11(b); 192.11(c).
(3) NFPA 59 (2004) ‘‘Utility LP-Gas Plant Code.’’ .................................................. §§ 192.11(a); 192.11(b); 192.11(c).
(4) NFPA 70 (2005) ‘‘National Electrical Code.’’ .................................................... §§ 192.163(e); 192.189(c).
G. Plastics Pipe Institute, Inc. (PPI):
(1) PPI TR–3/2004 (2004) ‘‘Policies and Procedures for Developing Hydrostatic § 192.121.
Design Basis (HDB), Pressure Design Basis (PDB), Strength Design Basis
(SDB), and Minimum Required Strength (MRS) Ratings for Thermoplastic Pip-
ing Materials or Pipe.’’.
H. NACE International (NACE):
(1) NACE Standard RP0502–2002 ‘‘Pipeline External Corrosion Direct Assess- §§ 192.923(b)(1); 192.925(b) Introductory
ment Methodology.’’. text; 192.925(b)(1); 192.925(b)(1)(ii);
192.925(b)(2) Introductory text;
192.925(b)(3) Introductory text;
192.925(b)(3)(ii); 192.925(b)(iv);
192.925(b)(4) Introductory text;
192.925(b)(4)(ii); 192.931(d);
192.935(b)(1)(iv); 192.939(a)(2).
I. Gas Technology Institute (GTI):
(1) GRI 02/0057 (2002) ‘‘Internal Corrosion Direct Assessment of Gas Trans- § 192.927(c)(2).
mission Pipelines Methodology.’’.

[35 FR 13257, Aug. 19, 1970, as amended by as defined in section 2.3 of API RP 80.
Amdt. 192–37, 46 FR 10159, Feb. 2, 1981; Amdt This furthermost downstream point
192–51, 51 FR 15334, Apr. 23, 1986; 58 FR 14521, does not include equipment that can be
Mar. 18, 1993; Amdt. 192–78, 61 FR 28783, June
6, 1996; 69 FR 18803, Apr. 9, 2004; Amdt. 192–94, used in either production or transpor-
69 FR 32892, June 14, 2004; Amdt. 192–94, 69 FR tation, such as separators or
54592, Sept. 9, 2004; 70 FR 11139, Mar. 8, 2005; dehydrators, unless that equipment is
Amdt. 192–100, 70 FR 28842, May 19, 2005; involved in the processes of ‘‘produc-
Amdt. 192–102, 71 FR 13301, Mar. 15, 2006; tion and preparation for transportation
Amdt. 192–103, 71 FR 33406, June 9, 2006; or delivery of hydrocarbon gas’’ within
Amdt. 192–103, 72 FR 4656, Feb. 1, 2007]
the meaning of ‘‘production oper-
§ 192.8 How are onshore gathering ation.’’
lines and regulated onshore gath- (2) The endpoint of gathering, under
ering lines determined? section 2.2(a)(1)(A) of API RP 80, may
(a) An operator must use API RP 80 not extend beyond the first down-
(incorporated by reference, see § 192.7), stream natural gas processing plant,
to determine if an onshore pipeline (or unless the operator can demonstrate,
part of a connected series of pipelines) using sound engineering principles,
is an onshore gathering line. The deter- that gathering extends to a further
mination is subject to the limitations downstream plant.
listed below. After making this deter- (3) If the endpoint of gathering, under
mination, an operator must determine section 2.2(a)(1)(C) of API RP 80, is de-
if the onshore gathering line is a regu- termined by the commingling of gas
lated onshore gathering line under from separate production fields, the
paragraph (b) of this section. fields may not be more than 50 miles
(1) The beginning of gathering, under from each other, unless the Adminis-
section 2.2(a)(1) of API RP 80, may not trator finds a longer separation dis-
extend beyond the furthermost down- tance is justified in a particular case
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stream point in a production operation (see 49 CFR § 190.9).

36

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.9

(4) The endpoint of gathering, under (1) Each onshore gathering line (or
section 2.2(a)(1)(D) of API RP 80, may segment of onshore gathering line)
not extend beyond the furthermost with a feature described in the second
downstream compressor used to in- column that lies in an area described in
crease gathering line pressure for de- the third column; and
livery to another pipeline. (2) As applicable, additional lengths
(b) For purposes of § 192.9, ‘‘regulated of line described in the fourth column
onshore gathering line’’ means: to provide a safety buffer:
Type Feature Area Safety buffer

A ......... —Metallic and the MAOP produces a Class 2, 3, or 4 location (see § 192.5) None.
hoop stress of 20 percent or more
of SMYS. If the stress level is un-
known, an operator must determine
the stress level according to the
applicable provisions in subpart C
of this part.
—Non-metallic and the MAOP is
more than 125 psig (862 kPa).
B ......... —Metallic and the MAOP produces a Area 1. Class 3 or 4 location ............. If the gathering line is in Area 2(b) or
hoop stress of less than 20 percent Area 2. An area within a Class 2 lo- 2(c), the additional lengths of line
of SMYS. If the stress level is un- cation the operator determines by extend upstream and downstream
known, an operator must determine using any of the following three from the area to a point where the
the stress level according to the methods: line is at least 150 feet (45.7 m)
applicable provisions in subpart C (a) A Class 2 location. ........................ from the nearest dwelling in the
of this part. (b) An area extending 150 feet (45.7 area. However, if a cluster of dwell-
—Non-metallic and the MAOP is 125 m) on each side of the centerline of ings in Area 2 (b) or 2(c) qualifies a
psig (862 kPa) or less. any continuous 1 mile (1.6 km) of line as Type B, the Type B classi-
pipeline and including more than 10 fication ends 150 feet (45.7 m)
but fewer than 46 dwellings. from the nearest dwelling in the
(c) An area extending 150 feet (45.7 cluster.
m) on each side of the centerline of
any continous 1000 feet (305 m) of
pipeline and including 5 or more
dwellings.

[Amdt. 192–102, 71 FR 13302, Mar. 15, 2006] (d) Type B lines. An operator of a
Type B regulated onshore gathering
§ 192.9 What requirements apply to line must comply with the following
gathering lines?
requirements:
(a) Requirements. An operator of a (1) If a line is new, replaced, relo-
gathering line must follow the safety cated, or otherwise changed, the de-
requirements of this part as prescribed sign, installation, construction, initial
by this section. inspection, and initial testing must be
(b) Offshore lines. An operator of an in accordance with requirements of
offshore gathering line must comply this part applicable to transmission
with requirements of this part applica- lines;
ble to transmission lines, except the re-
(2) If the pipeline is metallic, control
quirements in § 192.150 and in subpart O
corrosion according to requirements of
of this part.
subpart I of this part applicable to
(c) Type A lines. An operator of a
transmission lines;
Type A regulated onshore gathering
line must comply with the require- (3) Carry out a damage prevention
ments of this part applicable to trans- program under § 192.614;
mission lines, except the requirements (4) Establish a public education pro-
in § 192.150 and in subpart O of this gram under § 192.616;
part. However, an operator of a Type A (5) Establish the MAOP of the line
regulated onshore gathering line in a under § 192.619; and
Class 2 location may demonstrate com- (6) Install and maintain line markers
pliance with subpart N by describing according to the requirements for
the processes it uses to determine the transmission lines in § 192.707.
qualification of persons performing op- (e) Compliance deadlines. An operator
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erations and maintenance tasks. of a regulated onshore gathering line

37

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§ 192.10 49 CFR Ch. I (10–1–07 Edition)

must comply with the following dead- point and the transfer point is located
lines, as applicable. above water, the operator must depict
(1) An operator of a new, replaced, re- the transfer point on a schematic lo-
located, or otherwise changed line cated near the transfer point. If a
must be in compliance with the appli- transfer point is located subsea, then
cable requirements of this section by the operator must identify the transfer
the date the line goes into service, un- point on a schematic which must be
less an exception in § 192.13 applies. maintained at the nearest upstream fa-
(2) If a regulated onshore gathering cility and provided to PHMSA upon re-
line existing on April 14, 2006 was not quest. For those cases in which adjoin-
previously subject to this part, an op- ing operators have not agreed on a
erator has until the date stated in the transfer point by September 15, 1998
second column to comply with the ap- the Regional Director and the MMS
plicable requirement for the line listed Regional Supervisor will make a joint
in the first column, unless the Admin- determination of the transfer point.
istrator finds a later deadline is justi-
[Amdt. 192–81, 62 FR 61695, Nov. 19, 1997, as
fied in a particular case: amended at 70 FR 11139, Mar. 8, 2005]
Requirement Compliance deadline
§ 192.11 Petroleum gas systems.
Control corrosion according to April 15, 2009.
Subpart I requirements for (a) Each plant that supplies petro-
transmission lines. leum gas by pipeline to a natural gas
Carry out a damage preven- October 15, 2007. distribution system must meet the re-
tion program under
§ 192.614.
quirements of this part and ANSI/
Establish MAOP under October 15, 2007. NFPA 58 and 59.
§ 192.619. (b) Each pipeline system subject to
Install and maintain line mark- April 15, 2008.
ers under § 192.707.
this part that transports only petro-
Establish a public education April 15, 2008. leum gas or petroleum gas/air mixtures
program under § 192.616. must meet the requirements of this
Other provisions of this part April 15, 2009. part and of ANSI/NFPA 58 and 59.
as required by paragraph
(c) of this section for Type (c) In the event of a conflict between
A lines. this part and ANSI/NFPA 58 and 59,
ANSI/NFPA 58 and 59 prevail.
(3) If, after April 14, 2006, a change in
[Amdt. 192–78, 61 FR 28783, June 6, 1996]
class location or increase in dwelling
density causes an onshore gathering § 192.13 What general requirements
line to be a regulated onshore gath- apply to pipelines regulated under
ering line, the operator has 1 year for this part?
Type B lines and 2 years for Type A (a) No person may operate a segment
lines after the line becomes a regulated of pipeline listed in the first column
onshore gathering line to comply with that is readied for service after the
this section. date in the second column, unless:
[Amdt. 192–102, 71 FR 13301, Mar. 15, 2006] (1) The pipeline has been designed, in-
stalled, constructed, initially in-
§ 192.10 Outer continental shelf pipe- spected, and initially tested in accord-
lines. ance with this part; or
Operators of transportation pipelines (2) The pipeline qualifies for use
on the Outer Continental Shelf (as de- under this part according to the re-
fined in the Outer Continental Shelf quirements in § 192.14.
Lands Act; 43 U.S.C. 1331) must identify
Pipeline Date
on all their respective pipelines the
specific points at which operating re- Offshore gathering line .......... July 31, 1977.
sponsibility transfers to a producing Regulated onshore gathering March 15 2007.
operator. For those instances in which line to which this part did
not apply until April 14,
the transfer points are not identifiable 2006.
by a durable marking, each operator All other pipelines .................. March 12, 1971.
will have until September 15, 1998 to
identify the transfer points. If it is not (b) No person may operate a segment
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practicable to durably mark a transfer of pipeline listed in the first column

38

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.16

that is replaced, relocated, or other- requirements of paragraph (a) of this


wise changed after the date in the sec- section.
ond column, unless the replacement, [Amdt. 192–30, 42 FR 60148, Nov. 25, 1977]
relocation or change has been made ac-
cording to the requirements in this § 192.15 Rules of regulatory construc-
part. tion.
Pipeline Date (a) As used in this part:
Includes means including but not lim-
Offshore gathering line .......... July 31, 1977. ited to.
Regulated onshore gathering March 15, 2007.
line to which this part did May means ‘‘is permitted to’’ or ‘‘is
not apply until April 14, authorized to’’.
2006. May not means ‘‘is not permitted to’’
All other pipelines .................. November 12, 1970. or ‘‘is not authorized to’’.
Shall is used in the mandatory and
(c) Each operator shall maintain, imperative sense.
modify as appropriate, and follow the (b) In this part:
plans, procedures, and programs that it (1) Words importing the singular in-
is required to establish under this part. clude the plural;
[35 FR 13257, Aug. 19, 1970, as amended by (2) Words importing the plural in-
Amdt. 192–27, 41 FR 34605, Aug. 16, 1976; clude the singular; and
Amdt. 192–30, 42 FR 60148, Nov. 25, 1977; (3) Words importing the masculine
Amdt. 192–102, 71 FR 13303, Mar. 15, 2006] gender include the feminine.
§ 192.14 Conversion to service subject § 192.16 Customer notification.
to this part.
(a) This section applies to each oper-
(a) A steel pipeline previously used in ator of a service line who does not
service not subject to this part quali- maintain the customer’s buried piping
fies for use under this part if the oper- up to entry of the first building down-
ator prepares and follows a written stream, or, if the customer’s buried
procedure to carry out the following piping does not enter a building, up to
requirements: the principal gas utilization equipment
(1) The design, construction, oper- or the first fence (or wall) that sur-
ation, and maintenance history of the rounds that equipment. For the pur-
pipeline must be reviewed and, where pose of this section, ‘‘customer’s buried
sufficient historical records are not piping’’ does not include branch lines
available, appropriate tests must be that serve yard lanterns, pool heaters,
performed to determine if the pipeline or other types of secondary equipment.
is in a satisfactory condition for safe Also, ‘‘maintain’’ means monitor for
operation. corrosion according to § 192.465 if the
(2) The pipeline right-of-way, all customer’s buried piping is metallic,
aboveground segments of the pipeline, survey for leaks according to § 192.723,
and appropriately selected under- and if an unsafe condition is found,
ground segments must be visually in- shut off the flow of gas, advise the cus-
spected for physical defects and oper- tomer of the need to repair the unsafe
ating conditions which reasonably condition, or repair the unsafe condi-
could be expected to impair the tion.
strength or tightness of the pipeline. (b) Each operator shall notify each
(3) All known unsafe defects and con- customer once in writing of the fol-
ditions must be corrected in accord- lowing information:
ance with this part. (1) The operator does not maintain
(4) The pipeline must be tested in ac- the customer’s buried piping.
cordance with subpart J of this part to (2) If the customer’s buried piping is
substantiate the maximum allowable not maintained, it may be subject to
operating pressure permitted by sub- the potential hazards of corrosion and
part L of this part. leakage.
(b) Each operator must keep for the (3) Buried gas piping should be—
life of the pipeline a record of the in- (i) Periodically inspected for leaks;
vestigations, tests, repairs, replace- (ii) Periodically inspected for corro-
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ments, and alterations made under the sion if the piping is metallic; and

39

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§ 192.51 49 CFR Ch. I (10–1–07 Edition)

(iii) Repaired if any unsafe condition § 192.55 Steel pipe.


is discovered.
(a) New steel pipe is qualified for use
(4) When excavating near buried gas
under this part if:
piping, the piping should be located in
(1) It was manufactured in accord-
advance, and the excavation done by
ance with a listed specification;
hand.
(2) It meets the requirements of—
(5) The operator (if applicable),
(i) Section II of appendix B to this
plumbing contractors, and heating con-
part; or
tractors can assist in locating, inspect-
ing, and repairing the customer’s bur- (ii) If it was manufactured before No-
ied piping. vember 12, 1970, either section II or III
(c) Each operator shall notify each of appendix B to this part; or
customer not later than August 14, (3) It is used in accordance with para-
1996, or 90 days after the customer first graph (c) or (d) of this section.
receives gas at a particular location, (b) Used steel pipe is qualified for use
whichever is later. However, operators under this part if:
of master meter systems may continu- (1) It was manufactured in accord-
ously post a general notice in a promi- ance with a listed specification and it
nent location frequented by customers. meets the requirements of paragraph
(d) Each operator must make the fol- II-C of appendix B to this part;
lowing records available for inspection (2) It meets the requirements of:
by the Administrator or a State agency (i) Section II of appendix B to this
participating under 49 U.S.C. 60105 or part; or
60106: (ii) If it was manufactured before No-
(1) A copy of the notice currently in vember 12, 1970, either section II or III
use; and of appendix B to this part;
(2) Evidence that notices have been (3) It has been used in an existing
sent to customers within the previous 3 line of the same or higher pressure and
years. meets the requirements of paragraph
II-C of appendix B to this part; or
[Amdt. 192–74, 60 FR 41828, Aug. 14, 1995, as
amended by Amdt. 192–74A, 60 FR 63451, Dec.
(4) It is used in accordance with para-
11, 1995; Amdt. 192–83, 63 FR 7723, Feb. 17, graph (c) of this section.
1998] (c) New or used steel pipe may be
used at a pressure resulting in a hoop
Subpart B—Materials stress of less than 6,000 p.s.i. (41 MPa)
where no close coiling or close bending
§ 192.51 Scope. is to be done, if visual examination in-
dicates that the pipe is in good condi-
This subpart prescribes minimum re-
tion and that it is free of split seams
quirements for the selection and quali-
and other defects that would cause
fication of pipe and components for use
in pipelines. leakage. If it is to be welded, steel pipe
that has not been manufactured to a
§ 192.53 General. listed specification must also pass the
weldability tests prescribed in para-
Materials for pipe and components
graph II-B of appendix B to this part.
must be:
(d) Steel pipe that has not been pre-
(a) Able to maintain the structural
viously used may be used as replace-
integrity of the pipeline under tem-
ment pipe in a segment of pipeline if it
perature and other environmental con-
has been manufactured prior to Novem-
ditions that may be anticipated;
ber 12, 1970, in accordance with the
(b) Chemically compatible with any
same specification as the pipe used in
gas that they transport and with any
constructing that segment of pipeline.
other material in the pipeline with
which they are in contact; and
(c) Qualified in accordance with the
applicable requirements of this sub-
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part.

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.65

(e) New steel pipe that has been cold tings must be marked in accordance
expanded must comply with the man- with ASTM D 2513; or
datory provisions of API Specification (2) To indicate size, material, manu-
5L. facturer, pressure rating, and tempera-
[35 FR 13257, Aug. 19, 1970, as amended by ture rating, and as appropriate, type,
Amdt. 191–1, 35 FR 17660, Nov. 17, 1970; Amdt. grade, and model.
192–12, 38 FR 4761, Feb. 22, 1973; Amdt. 192–51, (b) Surfaces of pipe and components
51 FR 15335, Apr. 23, 1986; 58 FR 14521, Mar. 18, that are subject to stress from internal
1993; Amdt. 192–85, 63 FR 37502, July 13, 1998]
pressure may not be field die stamped.
§ 192.57 [Reserved] (c) If any item is marked by die
stamping, the die must have blunt or
§ 192.59 Plastic pipe. rounded edges that will minimize
(a) New plastic pipe is qualified for stress concentrations.
use under this part if: (d) Paragraph (a) of this section does
(1) It is manufactured in accordance not apply to items manufactured be-
with a listed specification; and fore November 12, 1970, that meet all of
(2) It is resistant to chemicals with the following:
which contact may be anticipated. (1) The item is identifiable as to type,
(b) Used plastic pipe is qualified for manufacturer, and model.
use under this part if: (2) Specifications or standards giving
(1) It was manufactured in accord- pressure, temperature, and other ap-
ance with a listed specification; propriate criteria for the use of items
(2) It is resistant to chemicals with are readily available.
which contact may be anticipated;
(3) It has been used only in natural [Amdt. 192–1, 35 FR 17660, Nov. 17, 1970, as
gas service; amended by Amdt. 192–31, 43 FR 883, Apr. 3,
(4) Its dimensions are still within the 1978; Amdt. 192–61, 53 FR 36793, Sept. 22, 1988;
tolerances of the specification to which Amdt. 192–62, 54 FR 5627, Feb. 6, 1989; Amdt.
it was manufactured; and 192–61A, 54 FR 32642, Aug. 9, 1989; 58 FR 14521,
Mar. 18, 1993; Amdt. 192–76, 61 FR 26122, May
(5) It is free of visible defects.
24, 1996; 61 FR 36826, July 15, 1996]
(c) For the purpose of paragraphs
(a)(1) and (b)(1) of this section, where § 192.65 Transportation of pipe.
pipe of a diameter included in a listed
specification is impractical to use, pipe In a pipeline to be operated at a hoop
of a diameter between the sizes in- stress of 20 percent or more of SMYS,
cluded in a listed specification may be an operator may not use pipe having an
used if it: outer diameter to wall thickness ratio
(1) Meets the strength and design cri- of 70 to 1, or more, that is transported
teria required of pipe included in that by railroad unless:
listed specification; and (a) The transportation is performed
(2) Is manufactured from plastic com- in accordance with API RP 5L1.
pounds which meet the criteria for ma- (b) In the case of pipe transported be-
terial required of pipe included in that fore November 12, 1970, the pipe is test-
listed specification. ed in accordance with subpart J of this
[35 FR 13257, Aug. 19, 1970, as amended by part to at least 1.25 times the max-
Amdt. 192–19, 40 FR 10472, Mar. 6, 1975; Amdt. imum allowable operating pressure if it
192–58, 53 FR 1635, Jan. 21, 1988] is to be installed in a class 1 location
and to at least 1.5 times the maximum
§ 192.61 [Reserved]
allowable operating pressure if it is to
§ 192.63 Marking of materials. be installed in a class 2, 3, or 4 loca-
tion. Notwithstanding any shorter
(a) Except as provided in paragraph
time period permitted under subpart J
(d) of this section, each valve, fitting,
length of pipe, and other component of this part, the test pressure must be
must be marked— maintained for at least 8 hours.
(1) As prescribed in the specification [Amdt. 192–12, 38 FR 4761, Feb. 22, 1973, as
or standard to which it was manufac- amended by Amdt. 192–17, 40 FR 6346, Feb. 11,
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tured, except that thermoplastic fit- 1975; 58 FR 14521, Mar. 18, 1993]

41

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§ 192.101 49 CFR Ch. I (10–1–07 Edition)

Subpart C—Pipe Design the yield strength to be used in the de-


sign formula in § 192.105 is the SMYS
§ 192.101 Scope. stated in the listed specification, if
This subpart prescribes the minimum that value is known.
requirements for the design of pipe. (b) For pipe that is manufactured in
accordance with a specification not
§ 192.103 General. listed in section I of appendix B to this
part or whose specification or tensile
Pipe must be designed with sufficient
properties are unknown, the yield
wall thickness, or must be installed strength to be used in the design for-
with adequate protection, to withstand mula in § 192.105 is one of the following:
anticipated external pressures and (1) If the pipe is tensile tested in ac-
loads that will be imposed on the pipe cordance with section II-D of appendix
after installation. B to this part, the lower of the fol-
§ 192.105 Design formula for steel pipe. lowing:
(i) 80 percent of the average yield
(a) The design pressure for steel pipe strength determined by the tensile
is determined in accordance with the tests.
following formula: (ii) The lowest yield strength deter-
P=(2 St/D)×F×E×T mined by the tensile tests.
(2) If the pipe is not tensile tested as
P=Design pressure in pounds per square inch provided in paragraph (b)(1) of this sec-
(kPa) gauge. tion, 24,000 p.s.i. (165 MPa).
S=Yield strength in pounds per square inch
(kPa) determined in accordance with [35 FR 13257, Aug. 19, 1970, as amended by
§ 192.107. Amdt. 192–78, 61 FR 28783, June 6, 1996; Amdt.
D=Nominal outside diameter of the pipe in 192–83, 63 FR 7723, Feb. 17, 1998; Amdt. 192–85,
inches (millimeters). 63 FR 37502, July 13, 1998]
t=Nominal wall thickness of the pipe in
inches (millimeters). If this is unknown, it § 192.109 Nominal wall thickness (t)
is determined in accordance with § 192.109. for steel pipe.
Additional wall thickness required for con- (a) If the nominal wall thickness for
current external loads in accordance with
§ 192.103 may not be included in computing
steel pipe is not known, it is deter-
design pressure. mined by measuring the thickness of
F=Design factor determined in accordance each piece of pipe at quarter points on
with § 192.111. one end.
E=Longitudinal joint factor determined in (b) However, if the pipe is of uniform
accordance with § 192.113. grade, size, and thickness and there are
T=Temperature derating factor determined more than 10 lengths, only 10 percent
in accordance with § 192.115. of the individual lengths, but not less
(b) If steel pipe that has been sub- than 10 lengths, need be measured. The
jected to cold expansion to meet the thickness of the lengths that are not
SMYS is subsequently heated, other measured must be verified by applying
than by welding or stress relieving as a a gauge set to the minimum thickness
part of welding, the design pressure is found by the measurement. The nomi-
limited to 75 percent of the pressure de- nal wall thickness to be used in the de-
termined under paragraph (a) of this sign formula in § 192.105 is the next wall
section if the temperature of the pipe thickness found in commercial speci-
exceeds 900 °F (482 °C) at any time or is fications that is below the average of
held above 600 °F (316 °C) for more than all the measurements taken. However,
1 hour. the nominal wall thickness used may
not be more than 1.14 times the small-
[35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–47, 49 FR 7569, Mar. 1, 1984; Amdt.
est measurement taken on pipe less
192–85, 63 FR 37502, July 13, 1998] than 20 inches (508 millimeters) in out-
side diameter, nor more than 1.11 times
§ 192.107 Yield strength (S) for steel the smallest measurement taken on
pipe. pipe 20 inches (508 millimeters) or more
(a) For pipe that is manufactured in in outside diameter.
accordance with a specification listed [35 FR 13257, Aug. 19, 1970, as amended by
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in section I of appendix B of this part, Amdt. 192–85, 63 FR 37502, July 13, 1998]

42

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.113

§ 192.111 Design factor (F) for steel in five pipe diameters in any direction
pipe. from the last fitting of a fabricated as-
(a) Except as otherwise provided in sembly, other than a transition piece
paragraphs (b), (c), and (d) of this sec- or an elbow used in place of a pipe bend
tion, the design factor to be used in the which is not associated with a fab-
design formula in § 192.105 is deter- ricated assembly.
mined in accordance with the following (c) For Class 2 locations, a design fac-
table: tor of 0.50, or less, must be used in the
design formula in § 192.105 for uncased
Design steel pipe that crosses the right-of-way
Class location factor (F)
of a hard surfaced road, a highway, a
1 ........................................................................... 0.72 public street, or a railroad.
2 ........................................................................... 0.60
3 ........................................................................... 0.50 (d) For Class 1 and Class 2 locations,
4 ........................................................................... 0.40 a design factor of 0.50, or less, must be
used in the design formula in § 192.105
(b) A design factor of 0.60 or less for—
must be used in the design formula in (1) Steel pipe in a compressor station,
§ 192.105 for steel pipe in Class 1 loca- regulating station, or measuring sta-
tions that: tion; and
(1) Crosses the right-of-way of an un- (2) Steel pipe, including a pipe riser,
improved public road, without a casing; on a platform located offshore or in in-
(2) Crosses without a casing, or land navigable waters.
makes a parallel encroachment on, the
right-of-way of either a hard surfaced [35 FR 13257, Aug. 19, 1970, as amended by
road, a highway, a public street, or a Amdt. 192–27, 41 FR 34605, Aug. 16, 1976]
railroad;
(3) Is supported by a vehicular, pedes- § 192.113 Longitudinal joint factor (E)
trian, railroad, or pipeline bridge; or for steel pipe.
(4) Is used in a fabricated assembly, The longitudinal joint factor to be
(including separators, mainline valve used in the design formula in § 192.105 is
assemblies, cross-connections, and determined in accordance with the fol-
river crossing headers) or is used with- lowing table:
Longitudinal joint
Specification Pipe class factor (E)

ASTM A 53/A53M ................... Seamless ....................................................................................................... 1.00


Electric resistance welded ............................................................................. 1.00
Furnace butt welded ...................................................................................... .60
ASTM A 106 ............................ Seamless ....................................................................................................... 1.00
ASTM A 333/A 333M .............. Seamless ....................................................................................................... 1.00
Electric resistance welded ............................................................................. 1.00
ASTM A 381 ............................ Double submerged arc welded ..................................................................... 1.00
ASTM A 671 ............................ Electric-fusion-welded .................................................................................... 1.00
ASTM A 672 ............................ Electric-fusion-welded .................................................................................... 1.00
ASTM A 691 ............................ Electric-fusion-welded .................................................................................... 1.00
API 5 L .................................... Seamless ....................................................................................................... 1.00
Electric resistance welded ............................................................................. 1.00
Electric flash welded ...................................................................................... 1.00
Submerged arc welded ................................................................................. 1.00
Furnace butt welded ...................................................................................... .60
Other ....................................... Pipe over 4 inches (102 millimeters) ............................................................. .80
Other ....................................... Pipe 4 inches (102 millimeters) or less ......................................................... .60

If the type of longitudinal joint cannot used must not exceed that designated
be determined, the joint factor to be for ‘‘Other.’’
[Amdt. 192–37, 46 FR 10159, Feb. 2, 1981, as
amended by Amdt. 192–51, 51 FR 15335, Apr.
23, 1986; Amdt. 192–62, 54 FR 5627, Feb. 6, 1989;
58 FR 14521, Mar. 18, 1993; Amdt. 192–85, 63 FR
37502, July 13, 1998; Amdt. 192–94, 69 FR 32894,
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June 14, 2004]

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§ 192.115 49 CFR Ch. I (10–1–07 Edition)

§ 192.115 Temperature derating factor American National Standards Institute


(T) for steel pipe. preferred number series 10.

The temperature derating factor to [Amdt. 192–78, 61 FR 28783, June 6, 1996, as


amended by Amdt. 192–85, 63 FR 37502, July
be used in the design formula in
13, 1998; Amdt. 192–94, 69 FR 32894, June 14,
§ 192.105 is determined as follows: 2004; Amdt. 192–103, 71 FR 33407, June 9, 2006]
Tempera-
Gas temperature in degrees Fahrenheit (Cel- ture derat- § 192.123 Design limitations for plastic
sius) ing factor pipe.
(T)
(a) Except as provided in paragraph
250 °F (121 °C) or less ........................................ 1.000 (e) of this section, the design pressure
300 °F (149 °C) .................................................... 0.967 may not exceed a gauge pressure of 100
350 °F (177 °C) .................................................... 0.933
400 °F (204 °C) .................................................... 0.900
psig (689 kPa) for plastic pipe used in:
450 °F (232 °C) .................................................... 0.867 (1) Distribution systems; or
(2) Classes 3 and 4 locations.
For intermediate gas temperatures, the (b) Plastic pipe may not be used
where operating temperatures of the
derating factor is determined by inter-
pipe will be:
polation.
(1) Below ¥20°F (¥20°C), or ¥40°F
[35 FR 13257, Aug. 19, 1970, as amended by (¥40°C) if all pipe and pipeline compo-
Amdt. 192–85, 63 FR 37502, July 13, 1998] nents whose operating temperature
will be below ¥29°C (¥20°F) have a
§ 192.117 [Reserved] temperature rating by the manufac-
turer consistent with that operating
§ 192.119 [Reserved]
temperature; or
§ 192.121 Design of plastic pipe. (2) Above the following applicable
temperatures:
Subject to the limitations of § 192.123, (i) For thermoplastic pipe, the tem-
the design pressure for plastic pipe is perature at which the HDB used in the
determined in accordance with either design formula under § 192.121 is deter-
of the following formulas: mined.
(ii) For reinforced thermosetting
t plastic pipe, 150°F (66°C).
P = 2S 0.32 (c) The wall thickness for thermo-
(D − t ) plastic pipe may not be less than 0.062
inches (1.57 millimeters).
2S
P= 0.32 (d) The wall thickness for reinforced
thermosetting plastic pipe may not be
(SDR − 1) less than that listed in the following
Where: table:
P=Design pressure, gauge, kPa (psig).
S = For thermoplastic pipe, the HDB is de- Minimum
wall thick-
termined in accordance with the listed speci- Nominal size in inches (millimeters). ness inches
fication at a temperature equal to 73 °F (23 (millime-
°C), 100 °F (38 °C), 120 °F (49 °C), or 140 °F (60 ters).
°C). In the absence of an HDB established at 2 (51) ................................................................. 0.060 (1.52)
the specified temperature, the HDB of a 3 (76) ................................................................. 0.060 (1.52)
higher temperature may be used in deter- 4 (102) ............................................................... 0.070 (1.78)
mining a design pressure rating at the speci- 6 (152) ............................................................... 0.100 (2.54)
fied temperature by arithmetic interpolation
using the procedure in Part D.2. of PPI TR– (e) The design pressure for thermo-
3/2004, HDB/PDB/SDB/MRS Policies (incor- plastic pipe produced after July 14, 2004
porated by reference, see § 192.7). For rein- may exceed a gauge pressure of 100 psig
forced thermosetting plastic pipe, 11,000 psig (689 kPa) provided that:
(75,842 kPa). (1) The design pressure does not ex-
t=Specified wall thickness, mm (in).
ceed 125 psig (862 kPa);
D=Specified outside diameter, mm (in).
SDR=Standard dimension ratio, the ratio of
(2) The material is a PE2406 or a
the average specified outside diameter to PE3408 as specified within ASTM D2513
the minimum specified wall thickness, cor- (incorporated by reference, see § 192.7);
responding to a value from a common num- (3) The pipe size is nominal pipe size
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bering system that was derived from the (IPS) 12 or less; and

44
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.145

(4) The design pressure is determined pressures and other anticipated load-
in accordance with the design equation ings without impairment of its service-
defined in § 192.121. ability with unit stresses equivalent to
[35 FR 13257, Aug. 19, 1970, as amended by
those allowed for comparable material
Amdt. 192–31, 43 FR 13883, Apr. 3, 1978; Amdt. in pipe in the same location and kind
192–78, 61 FR 28783, June 6, 1996; Amdt. 192–85, of service. However, if design based
63 FR 37502, July 13, 1998; Amdt. 192–93, 68 FR upon unit stresses is impractical for a
53900, Sept. 15, 2003; 69 FR 32894, June 14, 2004; particular component, design may be
Amdt. 192–94, 69 FR 54592, Sept. 9, 2004; Amdt. based upon a pressure rating estab-
192–103, 71 FR 33407, June 9, 2006] lished by the manufacturer by pressure
§ 192.125 Design of copper pipe. testing that component or a prototype
of the component.
(a) Copper pipe used in mains must (b) The design and installation of
have a minimum wall thickness of 0.065 pipeline components and facilities
inches (1.65 millimeters) and must be must meet applicable requirements for
hard drawn. corrosion control found in subpart I of
(b) Copper pipe used in service lines this part.
must have wall thickness not less than
that indicated in the following table: [Amdt. 48, 49 FR 19824, May 10, 1984 as
amended at 72 FR 20059, Apr. 23, 2007]
Wall thickness inch (milli-
Standard Nominal meter)
size inch O.D. inch § 192.144 Qualifying metallic compo-
(millimeter) (millimeter) nents.
Nominal Tolerance


12 (13) .625 (16) .040 (1.06) .0035 (.0889) Notwithstanding any requirement of

58 (16) .750 (19) .042 (1.07) .0035 (.0889) this subpart which incorporates by ref-

34 (19) .875 (22) .045 (1.14) .004 (.102) erence an edition of a document listed
1 (25) 1.125 (29) .050 (1.27) .004 (.102)
11⁄4 (32) 1.375 (35) .055 (1.40) .0045 (.1143) in § 192.7 or Appendix B of this part, a
11⁄2 (38) 1.625 (41) .060 (1.52) .0045 (.1143) metallic component manufactured in
accordance with any other edition of
(c) Copper pipe used in mains and that document is qualified for use
service lines may not be used at pres- under this part if—
sures in excess of 100 p.s.i. (689 kPa) (a) It can be shown through visual in-
gage. spection of the cleaned component that
(d) Copper pipe that does not have an no defect exists which might impair
internal corrosion resistant lining may the strength or tightness of the compo-
not be used to carry gas that has an av- nent; and
erage hydrogen sulfide content of more (b) The edition of the document
than 0.3 grains/100 ft3 (6.9/m3) under under which the component was manu-
standard conditions. Standard condi- factured has equal or more stringent
tions refers to 60°F and 14.7 psia (15.6°C requirements for the following as an
and one atmosphere) of gas. edition of that document currently or
[35 FR 13257, Aug. 19, 1970, as amended by previously listed in § 192.7 or appendix
Amdt. 192–62, 54 FR 5628, Feb. 6, 1989; Amdt. B of this part:
192–85, 63 FR 37502, July 13, 1998] (1) Pressure testing;
(2) Materials; and
Subpart D—Design of Pipeline (3) Pressure and temperature ratings.
Components [Amdt. 192–45, 48 FR 30639, July 5, 1983, as
amended by Amdt. 192–94, 69 FR 32894, June
§ 192.141 Scope. 14, 2004]
This subpart prescribes minimum re-
quirements for the design and installa- § 192.145 Valves.
tion of pipeline components and facili- (a) Except for cast iron and plastic
ties. In addition, it prescribes require- valves, each valve must meet the min-
ments relating to protection against imum requirements of API 6D (incor-
accidental overpressuring. porated by reference, see § 192.7), or to a
national or international standard that
§ 192.143 General requirements. provides an equivalent performance
(a) Each component of a pipeline level. A valve may not be used under
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must be able to withstand operating operating conditions that exceed the

45

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§ 192.147 49 CFR Ch. I (10–1–07 Edition)

applicable pressure-temperature rat- (b) Each flange assembly must be


ings contained in those requirements. able to withstand the maximum pres-
(b) Each cast iron and plastic valve sure at which the pipeline is to be oper-
must comply with the following: ated and to maintain its physical and
(1) The valve must have a maximum chemical properties at any tempera-
service pressure rating for tempera- ture to which it is anticipated that it
tures that equal or exceed the max- might be subjected in service.
imum service temperature. (c) Each flange on a flanged joint in
(2) The valve must be tested as part cast iron pipe must conform in dimen-
of the manufacturing, as follows: sions, drilling, face and gasket design
(i) With the valve in the fully open to ASME/ANSI B16.1 and be cast inte-
position, the shell must be tested with grally with the pipe, valve, or fitting.
no leakage to a pressure at least 1.5 [35 FR 13257, Aug. 19, 1970, as amended by
times the maximum service rating. Amdt. 192–62, 54 FR 5628, Feb. 6, 1989; 58 FR
(ii) After the shell test, the seat must 14521, Mar. 18, 1993]
be tested to a pressure not less than 1.5
times the maximum service pressure § 192.149 Standard fittings.
rating. Except for swing check valves, (a) The minimum metal thickness of
test pressure during the seat test must threaded fittings may not be less than
be applied successively on each side of specified for the pressures and tem-
the closed valve with the opposite side peratures in the applicable standards
open. No visible leakage is permitted. referenced in this part, or their equiva-
(iii) After the last pressure test is lent.
completed, the valve must be operated (b) Each steel butt-welding fitting
through its full travel to demonstrate must have pressure and temperature
freedom from interference. ratings based on stresses for pipe of the
(c) Each valve must be able to meet same or equivalent material. The ac-
the anticipated operating conditions. tual bursting strength of the fitting
(d) No valve having shell components must at least equal the computed
made of ductile iron may be used at bursting strength of pipe of the des-
pressures exceeding 80 percent of the ignated material and wall thickness, as
pressure ratings for comparable steel determined by a prototype that was
valves at their listed temperature. tested to at least the pressure required
However, a valve having shell compo- for the pipeline to which it is being
nents made of ductile iron may be used added.
at pressures up to 80 percent of the
pressure ratings for comparable steel § 192.150 Passage of internal inspec-
valves at their listed temperature, if: tion devices.
(1) The temperature-adjusted service (a) Except as provided in paragraphs
pressure does not exceed 1,000 p.s.i. (7 (b) and (c) of this section, each new
Mpa) gage; and transmission line and each replace-
(2) Welding is not used on any ductile ment of line pipe, valve, fitting, or
iron component in the fabrication of other line component in a transmission
the valve shells or their assembly. line must be designed and constructed
(e) No valve having pressure con- to accommodate the passage of instru-
taining parts made of ductile iron may mented internal inspection devices.
be used in the gas pipe components of (b) This section does not apply to: (1)
compressor stations. Manifolds;
[35 FR 13257, Aug. 19, 1970, as amended by (2) Station piping such as at com-
Amdt. 192–62, 54 FR 5628, Feb. 6, 1989; Amdt. pressor stations, meter stations, or
192–85, 63 FR 37502, July 13, 1998; Amdt. 192– regulator stations;
94, 69 FR 32894, June 14, 2004] (3) Piping associated with storage fa-
cilities, other than a continuous run of
§ 192.147 Flanges and flange acces- transmission line between a com-
sories. pressor station and storage facilities;
(a) Each flange or flange accessory (4) Cross-overs;
(other than cast iron) must meet the (5) Sizes of pipe for which an instru-
minimum requirements of ASME/ANSI mented internal inspection device is
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B16.5, MSS SP–44, or the equivalent. not commercially available;

46

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.153

(6) Transmission lines, operated in least the operating pressure of the


conjunction with a distribution system pipeline.
which are installed in Class 4 locations; (b) Where a ductile iron pipe is
(7) Offshore transmission lines, ex- tapped, the extent of full-thread en-
cept transmission lines 103⁄4 inches (273 gagement and the need for the use of
millimeters) or more in outside diame- outside-sealing service connections,
ter on which construction begins after tapping saddles, or other fixtures must
December 28, 2005, that run from plat- be determined by service conditions.
form to platform or platform to shore (c) Where a threaded tap is made in
unless— cast iron or ductile iron pipe, the di-
(i) Platform space or configuration is ameter of the tapped hole may not be
incompatible with launching or re- more than 25 percent of the nominal di-
trieving instrumented internal inspec- ameter of the pipe unless the pipe is re-
tion devices; or inforced, except that
(ii) If the design includes taps for lat- (1) Existing taps may be used for re-
eral connections, the operator can placement service, if they are free of
demonstrate, based on investigation or cracks and have good threads; and
experience, that there is no reasonably (2) A 11⁄4-inch (32 millimeters) tap
practical alternative under the design may be made in a 4-inch (102 millime-
circumstances to the use of a tap that ters) cast iron or ductile iron pipe,
will obstruct the passage of instru- without reinforcement.
mented internal inspection devices; However, in areas where climate, soil,
and and service conditions may create un-
(8) Other piping that, under § 190.9 of usual external stresses on cast iron
this chapter, the Administrator finds pipe, unreinforced taps may be used
in a particular case would be impracti- only on 6-inch (152 millimeters) or larg-
cable to design and construct to ac- er pipe.
commodate the passage of instru- [35 FR 13257, Aug. 19, 1970, as amended by
mented internal inspection devices. Amdt. 192–85, 63 FR 37502, July 13, 1998]
(c) An operator encountering emer-
gencies, construction time constraints § 192.153 Components fabricated by
or other unforeseen construction prob- welding.
lems need not construct a new or re- (a) Except for branch connections
placement segment of a transmission and assemblies of standard pipe and fit-
line to meet paragraph (a) of this sec- tings joined by circumferential welds,
tion, if the operator determines and the design pressure of each component
documents why an impracticability fabricated by welding, whose strength
prohibits compliance with paragraph cannot be determined, must be estab-
(a) of this section. Within 30 days after lished in accordance with paragraph
discovering the emergency or construc- UG–101 of section VIII, Division 1, of
tion problem the operator must peti- the ASME Boiler and Pressure Vessel
tion, under § 190.9 of this chapter, for Code.
approval that design and construction (b) Each prefabricated unit that uses
to accommodate passage of instru- plate and longitudinal seams must be
mented internal inspection devices designed, constructed, and tested in ac-
would be impracticable. If the petition cordance with section I, section VIII,
is denied, within 1 year after the date Division 1, or section VIII, Division 2 of
of the notice of the denial, the operator the ASME Boiler and Pressure Vessel
must modify that segment to allow Code, except for the following:
passage of instrumented internal in- (1) Regularly manufactured butt-
spection devices. welding fittings.
[Amdt. 192–72, 59 FR 17281, Apr. 12, 1994, as (2) Pipe that has been produced and
amended by Amdt. 192–85, 63 FR 37502, July tested under a specification listed in
13, 1998; Amdt. 192–97, 69 FR 36029, June 28, appendix B to this part.
2004] (3) Partial assemblies such as split
rings or collars.
§ 192.151 Tapping. (4) Prefabricated units that the man-
(a) Each mechanical fitting used to ufacturer certifies have been tested to
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make a hot tap must be designed for at at least twice the maximum pressure

47

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§ 192.155 49 CFR Ch. I (10–1–07 Edition)

to which they will be subjected under (1) Prevent undue strain on con-
the anticipated operating conditions. nected equipment;
(c) Orange-peel bull plugs and or- (2) Resist longitudinal forces caused
ange-peel swages may not be used on by a bend or offset in the pipe; and
pipelines that are to operate at a hoop (3) Prevent or damp out excessive vi-
stress of 20 percent or more of the bration.
SMYS of the pipe. (b) Each exposed pipeline must have
(d) Except for flat closures designed enough supports or anchors to protect
in accordance with section VIII of the the exposed pipe joints from the max-
ASME Boiler and Pressure Code, flat imum end force caused by internal
closures and fish tails may not be used pressure and any additional forces
on pipe that either operates at 100 p.s.i. caused by temperature expansion or
(689 kPa) gage, or more, or is more contraction or by the weight of the
than 3 inches (76 millimeters) nominal pipe and its contents.
diameter. (c) Each support or anchor on an ex-
[35 FR 13257, Aug. 19, 1970, as amended by posed pipeline must be made of dura-
Amdt. 192–1, 35 FR 17660, Nov. 17, 1970; 58 FR ble, noncombustible material and must
14521, Mar. 18, 1993; Amdt. 192–68, 58 FR 45268, be designed and installed as follows:
Aug. 27, 1993; Amdt. 192–85, 63 FR 37502, July (1) Free expansion and contraction of
13, 1998] the pipeline between supports or an-
chors may not be restricted.
§ 192.155 Welded branch connections. (2) Provision must be made for the
Each welded branch connection made service conditions involved.
to pipe in the form of a single connec- (3) Movement of the pipeline may not
tion, or in a header or manifold as a se- cause disengagement of the support
ries of connections, must be designed equipment.
to ensure that the strength of the pipe- (d) Each support on an exposed pipe-
line system is not reduced, taking into line operated at a stress level of 50 per-
account the stresses in the remaining cent or more of SMYS must comply
pipe wall due to the opening in the pipe with the following:
or header, the shear stresses produced (1) A structural support may not be
by the pressure acting on the area of welded directly to the pipe.
the branch opening, and any external (2) The support must be provided by a
loadings due to thermal movement, member that completely encircles the
weight, and vibration. pipe.
(3) If an encircling member is welded
§ 192.157 Extruded outlets. to a pipe, the weld must be continuous
Each extruded outlet must be suit- and cover the entire circumference.
able for anticipated service conditions (e) Each underground pipeline that is
and must be at least equal to the de- connected to a relatively unyielding
sign strength of the pipe and other fit- line or other fixed object must have
tings in the pipeline to which it is at- enough flexibility to provide for pos-
tached. sible movement, or it must have an an-
chor that will limit the movement of
§ 192.159 Flexibility. the pipeline.
Each pipeline must be designed with (f) Except for offshore pipelines, each
enough flexibility to prevent thermal underground pipeline that is being con-
expansion or contraction from causing nected to new branches must have a
excessive stresses in the pipe or compo- firm foundation for both the header
nents, excessive bending or unusual and the branch to prevent detrimental
loads at joints, or undesirable forces or lateral and vertical movement.
moments at points of connection to [35 FR 13257, Aug. 19, 1970, as amended by
equipment, or at anchorage or guide Amdt. 192–58, 53 FR 1635, Jan. 21, 1988]
points.
§ 192.163 Compressor stations: Design
§ 192.161 Supports and anchors. and construction.
(a) Each pipeline and its associated (a) Location of compressor building. Ex-
equipment must have enough anchors cept for a compressor building on a
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48

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.167

navigable waters, each main com- § 192.165 Compressor stations: Liquid


pressor building of a compressor sta- removal.
tion must be located on property under (a) Where entrained vapors in gas
the control of the operator. It must be may liquefy under the anticipated pres-
far enough away from adjacent prop- sure and temperature conditions, the
erty, not under control of the operator, compressor must be protected against
to minimize the possibility of fire the introduction of those liquids in
being communicated to the compressor quantities that could cause damage.
building from structures on adjacent (b) Each liquid separator used to re-
property. There must be enough open move entrained liquids at a compressor
space around the main compressor station must:
building to allow the free movement of (1) Have a manually operable means
fire-fighting equipment. of removing these liquids.
(b) Building construction. Each build- (2) Where slugs of liquid could be car-
ing on a compressor station site must ried into the compressors, have either
be made of noncombustible materials if automatic liquid removal facilities, an
it contains either— automatic compressor shutdown de-
(1) Pipe more than 2 inches (51 milli- vice, or a high liquid level alarm; and
meters) in diameter that is carrying (3) Be manufactured in accordance
gas under pressure; or with section VIII of the ASME Boiler
(2) Gas handling equipment other and Pressure Vessel Code, except that
than gas utilization equipment used for liquid separators constructed of pipe
domestic purposes. and fittings without internal welding
(c) Exits. Each operating floor of a must be fabricated with a design factor
main compressor building must have at of 0.4, or less.
least two separated and unobstructed
exits located so as to provide a conven- § 192.167 Compressor stations: Emer-
ient possibility of escape and an unob- gency shutdown.
structed passage to a place of safety. (a) Except for unattended field com-
Each door latch on an exit must be of pressor stations of 1,000 horsepower (746
a type which can be readily opened kilowatts) or less, each compressor sta-
from the inside without a key. Each tion must have an emergency shut-
swinging door located in an exterior down system that meets the following:
wall must be mounted to swing out- (1) It must be able to block gas out of
ward. the station and blow down the station
(d) Fenced areas. Each fence around a piping.
compressor station must have at least (2) It must discharge gas from the
two gates located so as to provide a blowdown piping at a location where
convenient opportunity for escape to a the gas will not create a hazard.
place of safety, or have other facilities (3) It must provide means for the
affording a similarly convenient exit shutdown of gas compressing equip-
from the area. Each gate located with- ment, gas fires, and electrical facilities
in 200 feet (61 meters) of any com- in the vicinity of gas headers and in
pressor plant building must open out- the compressor building, except that:
ward and, when occupied, must be (i) Electrical circuits that supply
openable from the inside without a emergency lighting required to assist
key. station personnel in evacuating the
(e) Electrical facilities. Electrical compressor building and the area in
equipment and wiring installed in com- the vicinity of the gas headers must re-
pressor stations must conform to the main energized; and
National Electrical Code, ANSI/NFPA (ii) Electrical circuits needed to pro-
70, so far as that code is applicable. tect equipment from damage may re-
main energized.
[35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–27, 41 FR 34605, Aug. 16, 1976; (4) It must be operable from at least
Amdt. 192–37, 46 FR 10159, Feb. 2, 1981; 58 FR two locations, each of which is:
14521, Mar. 18, 1993; Amdt. 192–85, 63 FR 37502, (i) Outside the gas area of the sta-
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37503, July 13, 1998] tion;

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§ 192.169 49 CFR Ch. I (10–1–07 Edition)

(ii) Near the exit gates, if the station § 192.171 Compressor stations: Addi-
is fenced, or near emergency exits, if tional safety equipment.
not fenced; and (a) Each compressor station must
(iii) Not more than 500 feet (153 me- have adequate fire protection facilities.
ters) from the limits of the station. If fire pumps are a part of these facili-
(b) If a compressor station supplies ties, their operation may not be af-
gas directly to a distribution system fected by the emergency shutdown sys-
with no other adequate source of gas tem.
available, the emergency shutdown (b) Each compressor station prime
system must be designed so that it will mover, other than an electrical induc-
not function at the wrong time and tion or synchronous motor, must have
cause an unintended outage on the dis- an automatic device to shut down the
tribution system. unit before the speed of either the
(c) On a platform located offshore or prime mover or the driven unit exceeds
in inland navigable waters, the emer- a maximum safe speed.
gency shutdown system must be de- (c) Each compressor unit in a com-
signed and installed to actuate auto- pressor station must have a shutdown
matically by each of the following or alarm device that operates in the
events: event of inadequate cooling or lubrica-
(1) In the case of an unattended com- tion of the unit.
pressor station: (d) Each compressor station gas en-
(i) When the gas pressure equals the gine that operates with pressure gas in-
maximum allowable operating pressure jection must be equipped so that stop-
plus 15 percent; or page of the engine automatically shuts
(ii) When an uncontrolled fire occurs off the fuel and vents the engine dis-
on the platform; and tribution manifold.
(2) In the case of a compressor sta- (e) Each muffler for a gas engine in a
tion in a building: compressor station must have vent
(i) When an uncontrolled fire occurs slots or holes in the baffles of each
in the building; or compartment to prevent gas from
(ii) When the concentration of gas in being trapped in the muffler.
air reaches 50 percent or more of the
§ 192.173 Compressor stations: Ventila-
lower explosive limit in a building tion.
which has a source of ignition.
Each compressor station building
For the purpose of paragraph (c)(2)(ii) must be ventilated to ensure that em-
of this section, an electrical facility ployees are not endangered by the ac-
which conforms to Class 1, Group D, of cumulation of gas in rooms, sumps, at-
the National Electrical Code is not a tics, pits, or other enclosed places.
source of ignition.
[35 FR 13257, Aug. 19, 1970, as amended by § 192.175 Pipe-type and bottle-type
Amdt. 192–27, 41 FR 34605, Aug. 16, 1976; holders.
Amdt. 192–85, 63 FR 37503, July 13, 1998] (a) Each pipe-type and bottle-type
holder must be designed so as to pre-
§ 192.169 Compressor stations: Pres- vent the accumulation of liquids in the
sure limiting devices.
holder, in connecting pipe, or in auxil-
(a) Each compressor station must iary equipment, that might cause cor-
have pressure relief or other suitable rosion or interfere with the safe oper-
protective devices of sufficient capac- ation of the holder.
ity and sensitivity to ensure that the (b) Each pipe-type or bottle-type
maximum allowable operating pressure holder must have minimum clearance
of the station piping and equipment is from other holders in accordance with
not exceeded by more than 10 percent. the following formula:
(b) Each vent line that exhausts gas
C=(D×P×F)/48.33) (C=(3D×P×F/1,000))
from the pressure relief valves of a
compressor station must extend to a in which:
location where the gas may be dis- C=Minimum clearance between pipe con-
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charged without hazard. tainers or bottles in inches (millimeters).

50

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.181
D=Outside diameter of pipe containers or § 192.179 Transmission line valves.
bottles in inches (millimeters).
P=Maximum allowable operating pressure, (a) Each transmission line, other
p.s.i. (kPa) gage. than offshore segments, must have sec-
F=Design factor as set forth in § 192.111 of tionalizing block valves spaced as fol-
this part. lows, unless in a particular case the
Administrator finds that alternative
[35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–85, 63 FR 37503, July 13, 1998]
spacing would provide an equivalent
level of safety:
§ 192.177 Additional provisions for bot- (1) Each point on the pipeline in a
tle-type holders. Class 4 location must be within 21⁄2
miles (4 kilometers)of a valve.
(a) Each bottle-type holder must be— (2) Each point on the pipeline in a
(1) Located on a site entirely sur- Class 3 location must be within 4 miles
rounded by fencing that prevents ac- (6.4 kilometers) of a valve.
cess by unauthorized persons and with (3) Each point on the pipeline in a
minimum clearance from the fence as Class 2 location must be within 71⁄2
follows: miles (12 kilometers) of a valve.
Minimum clear-
(4) Each point on the pipeline in a
Maximum allowable operating pressure ance feet (me- Class 1 location must be within 10
ters) miles (16 kilometers) of a valve.
Less than 1,000 p.s.i. (7 MPa) gage ........... 25 (7.6) (b) Each sectionalizing block valve
1,000 p.s.i. (7 MPa) gage or more .............. 100 (31) on a transmission line, other than off-
shore segments, must comply with the
(2) Designed using the design factors following:
set forth in § 192.111; and (1) The valve and the operating de-
(3) Buried with a minimum cover in vice to open or close the valve must be
accordance with § 192.327. readily accessible and protected from
(b) Each bottle-type holder manufac- tampering and damage.
tured from steel that is not weldable (2) The valve must be supported to
under field conditions must comply prevent settling of the valve or move-
with the following: ment of the pipe to which it is at-
(1) A bottle-type holder made from tached.
alloy steel must meet the chemical and (c) Each section of a transmission
line, other than offshore segments, be-
tensile requirements for the various
tween main line valves must have a
grades of steel in ASTM A 372/A 372M.
blowdown valve with enough capacity
(2) The actual yield-tensile ratio of to allow the transmission line to be
the steel may not exceed 0.85. blown down as rapidly as practicable.
(3) Welding may not be performed on Each blowdown discharge must be lo-
the holder after it has been heat treat- cated so the gas can be blown to the at-
ed or stress relieved, except that cop- mosphere without hazard and, if the
per wires may be attached to the small transmission line is adjacent to an
diameter portion of the bottle end clo- overhead electric line, so that the gas
sure for cathodic protection if a local- is directed away from the electrical
ized thermit welding process is used. conductors.
(4) The holder must be given a mill (d) Offshore segments of transmission
hydrostatic test at a pressure that pro- lines must be equipped with valves or
duces a hoop stress at least equal to 85 other components to shut off the flow
percent of the SMYS. of gas to an offshore platform in an
(5) The holder, connection pipe, and emergency.
components must be leak tested after [35 FR 13257, Aug. 19, 1970, as amended by
installation as required by subpart J of Amdt. 192–27, 41 FR 34606, Aug. 16, 1976;
this part. Amdt. 192–78, 61 FR 28784, June 6, 1996; Amdt.
192–85, 63 FR 37503, July 13, 1998]
[35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–58, 53 FR 1635, Jan. 21, 1988; Amdt
§ 192.181 Distribution line valves.
192–62, 54 FR 5628, Feb. 6, 1989; 58 FR 14521,
Mar. 18, 1993; Amdt. 192–85, 63 FR 37503, July (a) Each high-pressure distribution
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13, 1998] system must have valves spaced so as

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§ 192.183 49 CFR Ch. I (10–1–07 Edition)

to reduce the time to shut down a sec- (b) Points of minimum elevation,
tion of main in an emergency. The catch basins, or places where the ac-
valve spacing is determined by the op- cess cover will be in the course of sur-
erating pressure, the size of the mains, face waters; and
and the local physical conditions. (c) Water, electric, steam, or other
(b) Each regulator station control- facilities.
ling the flow or pressure of gas in a dis-
tribution system must have a valve in- § 192.187 Vaults: Sealing, venting, and
stalled on the inlet piping at a distance ventilation.
from the regulator station sufficient to
Each underground vault or closed top
permit the operation of the valve dur-
pit containing either a pressure regu-
ing an emergency that might preclude
lating or reducing station, or a pres-
access to the station.
sure limiting or relieving station, must
(c) Each valve on a main installed for
operating or emergency purposes must be sealed, vented or ventilated as fol-
comply with the following: lows:
(1) The valve must be placed in a (a) When the internal volume exceeds
readily accessible location so as to fa- 200 cubic feet (5.7 cubic meters):
cilitate its operation in an emergency. (1) The vault or pit must be venti-
(2) The operating stem or mechanism lated with two ducts, each having at
must be readily accessible. least the ventilating effect of a pipe 4
(3) If the valve is installed in a buried inches (102 millimeters) in diameter;
box or enclosure, the box or enclosure (2) The ventilation must be enough to
must be installed so as to avoid trans- minimize the formation of combustible
mitting external loads to the main. atmosphere in the vault or pit; and
(3) The ducts must be high enough
§ 192.183 Vaults: Structural design re- above grade to disperse any gas-air
quirements.
mixtures that might be discharged.
(a) Each underground vault or pit for (b) When the internal volume is more
valves, pressure relieving, pressure than 75 cubic feet (2.1 cubic meters) but
limiting, or pressure regulating sta- less than 200 cubic feet (5.7 cubic me-
tions, must be able to meet the loads ters):
which may be imposed upon it, and to (1) If the vault or pit is sealed, each
protect installed equipment.
opening must have a tight fitting cover
(b) There must be enough working
without open holes through which an
space so that all of the equipment re-
explosive mixture might be ignited,
quired in the vault or pit can be prop-
erly installed, operated, and main- and there must be a means for testing
tained. the internal atmosphere before remov-
(c) Each pipe entering, or within, a ing the cover;
regulator vault or pit must be steel for (2) If the vault or pit is vented, there
sizes 10 inch (254 millimeters), and less, must be a means of preventing external
except that control and gage piping sources of ignition from reaching the
may be copper. Where pipe extends vault atmosphere; or
through the vault or pit structure, pro- (3) If the vault or pit is ventilated,
vision must be made to prevent the paragraph (a) or (c) of this section ap-
passage of gases or liquids through the plies.
opening and to avert strains in the (c) If a vault or pit covered by para-
pipe. graph (b) of this section is ventilated
[35 FR 13257, Aug. 19, 1970, as amended by by openings in the covers or gratings
Amdt. 192–85, 63 FR 37503, July 13, 1998] and the ratio of the internal volume, in
cubic feet, to the effective ventilating
§ 192.185 Vaults: Accessibility. area of the cover or grating, in square
Each vault must be located in an ac- feet, is less than 20 to 1, no additional
cessible location and, so far as prac- ventilation is required.
tical, away from: [35 FR 13257, Aug. 19, 1970, as amended by
(a) Street intersections or points Amdt. 192–85, 63 FR 37503, July 13, 1998]
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.197

§ 192.189 Vaults: Drainage and water- the system, and that could be activated
proofing. in the event of failure of some portion
(a) Each vault must be designed so as of the system; and
to minimize the entrance of water. (2) Be designed so as to prevent acci-
(b) A vault containing gas piping dental overpressuring.
may not be connected by means of a
§ 192.197 Control of the pressure of gas
drain connection to any other under- delivered from high-pressure dis-
ground structure. tribution systems.
(c) Electrical equipment in vaults
must conform to the applicable re- (a) If the maximum actual operating
quirements of Class 1, Group D, of the pressure of the distribution system is
National Electrical Code, ANSI/NFPA 60 p.s.i. (414 kPa) gage, or less and a
70. service regulator having the following
characteristics is used, no other pres-
[35 FR 13257, Aug. 19, 1970, as amended by sure limiting device is required:
Amdt. 192–76, 61 FR 26122, May 24, 1996] (1) A regulator capable of reducing
distribution line pressure to pressures
§ 192.191 Design pressure of plastic fit-
tings. recommended for household appliances.
(2) A single port valve with proper
(a) Thermosetting fittings for plastic orifice for the maximum gas pressure
pipe must conform to ASTM D 2517. at the regulator inlet.
(b) Thermoplastic fittings for plastic (3) A valve seat made of resilient ma-
pipe must conform to ASTM D 2513. terial designed to withstand abrasion
[35 FR 13257, Aug. 19, 1970, as amended by of the gas, impurities in gas, cutting by
Amdt. 192–58, 53 FR 1635, Jan. 21, 1988] the valve, and to resist permanent de-
formation when it is pressed against
§ 192.193 Valve installation in plastic the valve port.
pipe. (4) Pipe connections to the regulator
Each valve installed in plastic pipe not exceeding 2 inches (51 millimeters)
must be designed so as to protect the in diameter.
plastic material against excessive tor- (5) A regulator that, under normal
sional or shearing loads when the valve operating conditions, is able to regu-
or shutoff is operated, and from any late the downstream pressure within
other secondary stresses that might be the necessary limits of accuracy and to
exerted through the valve or its enclo- limit the build-up of pressure under no-
sure. flow conditions to prevent a pressure
that would cause the unsafe operation
§ 192.195 Protection against accidental of any connected and properly adjusted
overpressuring. gas utilization equipment.
(a) General requirements. Except as (6) A self-contained service regulator
provided in § 192.197, each pipeline that with no external static or control lines.
is connected to a gas source so that the (b) If the maximum actual operating
maximum allowable operating pressure pressure of the distribution system is
could be exceeded as the result of pres- 60 p.s.i. (414 kPa) gage, or less, and a
sure control failure or of some other service regulator that does not have all
type of failure, must have pressure re- of the characteristics listed in para-
lieving or pressure limiting devices graph (a) of this section is used, or if
that meet the requirements of §§ 192.199 the gas contains materials that seri-
and 192.201. ously interfere with the operation of
(b) Additional requirements for distribu- service regulators, there must be suit-
tion systems. Each distribution system able protective devices to prevent un-
that is supplied from a source of gas safe overpressuring of the customer’s
that is at a higher pressure than the appliances if the service regulator
maximum allowable operating pressure fails.
for the system must— (c) If the maximum actual operating
(1) Have pressure regulation devices pressure of the distribution system ex-
capable of meeting the pressure, load, ceeds 60 p.s.i. (414 kPa) gage, one of the
and other service conditions that will following methods must be used to reg-
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§ 192.199 49 CFR Ch. I (10–1–07 Edition)

value, the pressure of gas delivered to § 192.199 Requirements for design of


the customer: pressure relief and limiting devices.
(1) A service regulator having the Except for rupture discs, each pres-
characteristics listed in paragraph (a) sure relief or pressure limiting device
of this section, and another regulator must:
located upstream from the service reg- (a) Be constructed of materials such
ulator. The upstream regulator may that the operation of the device will
not be set to maintain a pressure high- not be impaired by corrosion;
er than 60 p.s.i. (414 kPa) gage. A device (b) Have valves and valve seats that
must be installed between the up- are designed not to stick in a position
stream regulator and the service regu- that will make the device inoperative;
lator to limit the pressure on the inlet (c) Be designed and installed so that
of the service regulator to 60 p.s.i. (414 it can be readily operated to determine
if the valve is free, can be tested to de-
kPa) gage or less in case the upstream
termine the pressure at which it will
regulator fails to function properly.
operate, and can be tested for leakage
This device may be either a relief valve when in the closed position;
or an automatic shutoff that shuts, if (d) Have support made of noncombus-
the pressure on the inlet of the service tible material;
regulator exceeds the set pressure (60 (e) Have discharge stacks, vents, or
p.s.i. (414 kPa) gage or less), and re- outlet ports designed to prevent accu-
mains closed until manually reset. mulation of water, ice, or snow, located
(2) A service regulator and a moni- where gas can be discharged into the
toring regulator set to limit, to a max- atmosphere without undue hazard;
imum safe value, the pressure of the (f) Be designed and installed so that
gas delivered to the customer. the size of the openings, pipe, and fit-
(3) A service regulator with a relief tings located between the system to be
valve vented to the outside atmos- protected and the pressure relieving de-
phere, with the relief valve set to open vice, and the size of the vent line, are
adequate to prevent hammering of the
so that the pressure of gas going to the
valve and to prevent impairment of re-
customer does not exceed a maximum
lief capacity;
safe value. The relief valve may either (g) Where installed at a district regu-
be built into the service regulator or it lator station to protect a pipeline sys-
may be a separate unit installed down- tem from overpressuring, be designed
stream from the service regulator. This and installed to prevent any single in-
combination may be used alone only in cident such as an explosion in a vault
those cases where the inlet pressure on or damage by a vehicle from affecting
the service regulator does not exceed the operation of both the overpressure
the manufacturer’s safe working pres- protective device and the district regu-
sure rating of the service regulator, lator; and
and may not be used where the inlet (h) Except for a valve that will iso-
pressure on the service regulator ex- late the system under protection from
ceeds 125 p.s.i. (862 kPa) gage. For high- its source of pressure, be designed to
er inlet pressures, the methods in para- prevent unauthorized operation of any
graph (c) (1) or (2) of this section must stop valve that will make the pressure
be used. relief valve or pressure limiting device
inoperative.
(4) A service regulator and an auto-
matic shutoff device that closes upon a [35 FR 13257, Aug. 19, 1970, as amended by
rise in pressure downstream from the Amdt. 192–1, 35 FR 17660, Nov. 17, 1970]
regulator and remains closed until
§ 192.201 Required capacity of pres-
manually reset. sure relieving and limiting stations.
[35 FR 13257, Aug. 19, 1970, as amended by (a) Each pressure relief station or
Amdt. 192–1, 35 FR 17660, Nov. 7, 1970; Amdt pressure limiting station or group of
192–85, 63 FR 37503, July 13, 1998; Amdt. 192– those stations installed to protect a
93, 68 FR 53900, Sept. 15, 2003] pipeline must have enough capacity,
and must be set to operate, to insure
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.203

(1) In a low pressure distribution sys- systems, such as fluid-filled tempera-


tem, the pressure may not cause the ture-responsive devices.
unsafe operation of any connected and (b) Materials and design. All materials
properly adjusted gas utilization equip- employed for pipe and components
ment. must be designed to meet the par-
(2) In pipelines other than a low pres- ticular conditions of service and the
sure distribution system: following:
(i) If the maximum allowable oper- (1) Each takeoff connection and at-
ating pressure is 60 p.s.i. (414 kPa) gage taching boss, fitting, or adapter must
or more, the pressure may not exceed be made of suitable material, be able to
the maximum allowable operating withstand the maximum service pres-
pressure plus 10 percent, or the pres- sure and temperature of the pipe or
sure that produces a hoop stress of 75 equipment to which it is attached, and
percent of SMYS, whichever is lower; be designed to satisfactorily withstand
(ii) If the maximum allowable oper- all stresses without failure by fatigue.
ating pressure is 12 p.s.i. (83 kPa) gage (2) Except for takeoff lines that can
or more, but less than 60 p.s.i. (414 kPa) be isolated from sources of pressure by
gage, the pressure may not exceed the other valving, a shutoff valve must be
maximum allowable operating pressure installed in each takeoff line as near as
plus 6 p.s.i. (41 kPa) gage; or practicable to the point of takeoff.
(iii) If the maximum allowable oper- Blowdown valves must be installed
ating pressure is less than 12 p.s.i. (83 where necessary.
kPa) gage, the pressure may not exceed (3) Brass or copper material may not
the maximum allowable operating be used for metal temperatures greater
pressure plus 50 percent. than 400° F (204°C).
(b) When more than one pressure reg- (4) Pipe or components that may con-
ulating or compressor station feeds tain liquids must be protected by heat-
into a pipeline, relief valves or other ing or other means from damage due to
protective devices must be installed at freezing.
each station to ensure that the com- (5) Pipe or components in which liq-
plete failure of the largest capacity uids may accumulate must have drains
regulator or compressor, or any single or drips.
run of lesser capacity regulators or (6) Pipe or components subject to
compressors in that station, will not clogging from solids or deposits must
impose pressures on any part of the have suitable connections for cleaning.
pipeline or distribution system in ex- (7) The arrangement of pipe, compo-
cess of those for which it was designed, nents, and supports must provide safe-
or against which it was protected, ty under anticipated operating
whichever is lower. stresses.
(c) Relief valves or other pressure (8) Each joint between sections of
limiting devices must be installed at or pipe, and between pipe and valves or
near each regulator station in a low- fittings, must be made in a manner
pressure distribution system, with a suitable for the anticipated pressure
capacity to limit the maximum pres- and temperature condition. Slip type
sure in the main to a pressure that will expansion joints may not be used. Ex-
not exceed the safe operating pressure pansion must be allowed for by pro-
for any connected and properly ad- viding flexibility within the system
justed gas utilization equipment. itself.
[35 FR 13257, Aug. 19, 1970, as amended by (9) Each control line must be pro-
Amdt. 192–9, 37 FR 20827, Oct. 4, 1972; Amdt tected from anticipated causes of dam-
192–85, 63 FR 37503, July 13, 1998] age and must be designed and installed
to prevent damage to any one control
§ 192.203 Instrument, control, and sam- line from making both the regulator
pling pipe and components. and the over-pressure protective device
(a) Applicability. This section applies inoperative.
to the design of instrument, control, [35 FR 13257, Aug. 19, 1970, as amended by
and sampling pipe and components. It Amdt. 192–78, 61 FR 28784, June 6, 1996; Amdt.
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does not apply to permanently closed 192–85, 63 FR 37503, July 13, 1998]

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§ 192.221 49 CFR Ch. I (10–1–07 Edition)

Subpart E—Welding of Steel in C of this part as a requirement of the


Pipelines qualifying test.
[35 FR 13257, Aug. 19, 1970, as amended by
§ 192.221 Scope. Amdt. 192–43, 47 FR 46851, Oct. 21, 1982; Amdt.
(a) This subpart prescribes minimum 192–52, 51 FR 20297, June 4, 1986; Amdt. 192–78,
requirements for welding steel mate- 61 FR 28784, June 6, 1996; Amdt. 192–94, 69 FR
32894, June 14, 2004; Amdt. 192–103, 72 FR 4656,
rials in pipelines.
Feb. 1, 2007]
(b) This subpart does not apply to
welding that occurs during the manu- § 192.229 Limitations on welders.
facture of steel pipe or steel pipeline
(a) No welder whose qualification is
components.
based on nondestructive testing may
§ 192.225 Welding procedures. weld compressor station pipe and com-
ponents.
(a) Welding must be performed by a (b) No welder may weld with a par-
qualified welder in accordance with ticular welding process unless, within
welding procedures qualified under sec- the preceding 6 calendar months, he
tion 5 of API 1104 (incorporated by ref- has engaged in welding with that proc-
erence, see § 192.7) or section IX of the ess.
ASME Boiler and Pressure Vessel Code (c) A welder qualified under
‘‘ Welding and Brazing Qualifications’’ § 192.227(a)—
(incorporated by reference, see § 192.7) (1) May not weld on pipe to be oper-
to produce welds meeting the require- ated at a pressure that produces a hoop
ments of this subpart. The quality of stress of 20 percent or more of SMYS
the test welds used to qualify welding unless within the preceding 6 calendar
procedures shall be determined by de- months the welder has had one weld
structive testing in accordance with tested and found acceptable under the
the applicable welding standard(s). sections 6 or 9 of API Standard 1104 (in-
(b) Each welding procedure must be corporated by reference, see § 192.7). Al-
recorded in detail, including the results ternatively, welders may maintain an
of the qualifying tests. This record ongoing qualification status by per-
must be retained and followed when- forming welds tested and found accept-
ever the procedure is used. able under the above acceptance cri-
[Amdt. 192–52, 51 FR 20297, June 4, 1986; teria at least twice each calendar year,
Amdt. 192–94, 69 FR 32894, June 14, 2004] but at intervals not exceeding 71⁄2
months. A welder qualified under an
§ 192.227 Qualification of welders. earlier edition of a standard listed in
(a) Except as provided in paragraph § 192.7 of this part may weld but may
(b) of this section, each welder must be not requalify under that earlier edi-
qualified in accordance with section 6 tion; and
of API 1104 (incorporated by reference, (2) May not weld on pipe to be oper-
see § 192.7) or section IX of the ASME ated at a pressure that produces a hoop
Boiler and Pressure Vessel Code (incor- stress of less than 20 percent of SMYS
porated by reference, see § 192.7). How- unless the welder is tested in accord-
ever, a welder qualified under an ear- ance with paragraph (c)(1) of this sec-
lier edition than listed in § 192.7 of this tion or requalifies under paragraph
part may weld but may not requalify (d)(1) or (d)(2) of this section.
under that earlier edition. (d) A welder qualified under
(b) A welder may qualify to perform § 192.227(b) may not weld unless—
welding on pipe to be operated at a (1) Within the preceding 15 calendar
pressure that produces a hoop stress of months, but at least once each cal-
less than 20 percent of SMYS by per- endar year, the welder has requalified
forming an acceptable test weld, for under § 192.227(b); or
the process to be used, under the test (2) Within the preceding 71⁄2 calendar
set forth in section I of Appendix C of months, but at least twice each cal-
this part. Each welder who is to make endar year, the welder has had—
a welded service line connection to a (i) A production weld cut out, tested,
main must first perform an acceptable and found acceptable in accordance
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test weld under section II of Appendix with the qualifying test; or

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.243

(ii) For welders who work only on (2) The weld is acceptable under para-
service lines 2 inches (51 millimeters) graph (c) of this section.
or smaller in diameter, two sample (b) The welds on a pipeline to be op-
welds tested and found acceptable in erated at a pressure that produces a
accordance with the test in section III hoop stress of 20 percent or more of
of Appendix C of this part. SMYS must be nondestructively tested
in accordance with § 192.243, except that
[35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–37, 46 FR 10159, Feb. 2, 1981; Amdt.
welds that are visually inspected and
192–78, 61 FR 28784, June 6, 1996; Amdt. 192–85, approved by a qualified welding inspec-
63 FR 37503, July 13, 1998; Amdt. 192–94, 69 FR tor need not be nondestructively tested
32895, June 14, 2004] if:
(1) The pipe has a nominal diameter
§ 192.231 Protection from weather. of less than 6 inches (152 millimeters);
The welding operation must be pro- or
tected from weather conditions that (2) The pipeline is to be operated at a
would impair the quality of the com- pressure that produces a hoop stress of
pleted weld. less than 40 percent of SMYS and the
welds are so limited in number that
§ 192.233 Miter joints. nondestructive testing is impractical.
(c) The acceptability of a weld that is
(a) A miter joint on steel pipe to be
nondestructively tested or visually in-
operated at a pressure that produces a
spected is determined according to the
hoop stress of 30 percent or more of
standards in Section 9 of API Standard
SMYS may not deflect the pipe more
1104 (incorporated by reference, see
than 3°.
§ 192.7). However, if a girth weld is un-
(b) A miter joint on steel pipe to be acceptable under those standards for a
operated at a pressure that produces a reason other than a crack, and if Ap-
hoop stress of less than 30 percent, but pendix A to API 1104 applies to the
more than 10 percent, of SMYS may weld, the acceptability of the weld may
not deflect the pipe more than 121⁄2° and be further determined under that ap-
must be a distance equal to one pipe di- pendix.
ameter or more away from any other
miter joint, as measured from the [35 FR 13257, Aug. 19, 1970, as amended by
crotch of each joint. Amdt. 192–37, 46 FR 10160, Feb. 2, 1981; Amdt.
(c) A miter joint on steel pipe to be 192–78, 61 FR 28784, June 6, 1996; Amdt. 192–85,
63 FR 37503, July 13, 1998; Amdt. 192–94, 69 FR
operated at a pressure that produces a 32894, June 14, 2004]
hoop stress of 10 percent or less of
SMYS may not deflect the pipe more § 192.243 Nondestructive testing.
than 90°.
(a) Nondestructive testing of welds
§ 192.235 Preparation for welding. must be performed by any process,
other than trepanning, that will clear-
Before beginning any welding, the ly indicate defects that may affect the
welding surfaces must be clean and free integrity of the weld.
of any material that may be detri- (b) Nondestructive testing of welds
mental to the weld, and the pipe or must be performed:
component must be aligned to provide (1) In accordance with written proce-
the most favorable condition for depos- dures; and
iting the root bead. This alignment (2) By persons who have been trained
must be preserved while the root bead and qualified in the established proce-
is being deposited. dures and with the equipment em-
ployed in testing.
§ 192.241 Inspection and test of welds. (c) Procedures must be established
(a) Visual inspection of welding must for the proper interpretation of each
be conducted by an individual qualified nondestructive test of a weld to ensure
by appropriate training and experience the acceptability of the weld under
to ensure that: § 192.241(c).
(1) The welding is performed in ac- (d) When nondestructive testing is re-
cordance with the welding procedure; quired under § 192.241(b), the following
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and percentages of each day’s field butt

57

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§ 192.245 49 CFR Ch. I (10–1–07 Edition)

welds, selected at random by the oper- procedures that have been qualified
ator, must be nondestructively tested under § 192.225. Repair procedures must
over their entire circumference: provide that the minimum mechanical
(1) In Class 1 locations, except off- properties specified for the welding
shore, at least 10 percent. procedure used to make the original
(2) In Class 2 locations, at least 15 weld are met upon completion of the
percent. final weld repair.
(3) In Class 3 and Class 4 locations, at
crossings of major or navigable rivers, [Amdt. 192–46, 48 FR 48674, Oct. 20, 1983]
offshore, and within railroad or public
highway rights-of-way, including tun- Subpart F—Joining of Materials
nels, bridges, and overhead road cross- Other Than by Welding
ings, 100 percent unless impracticable,
in which case at least 90 percent. Non- § 192.271 Scope.
destructive testing must be impracti-
(a) This subpart prescribes minimum
cable for each girth weld not tested.
(4) At pipeline tie-ins, including tie- requirements for joining materials in
ins of replacement sections, 100 per- pipelines, other than by welding.
cent. (b) This subpart does not apply to
(e) Except for a welder whose work is joining during the manufacture of pipe
isolated from the principal welding ac- or pipeline components.
tivity, a sample of each welder’s work
for each day must be nondestructively § 192.273 General.
tested, when nondestructive testing is (a) The pipeline must be designed and
required under § 192.241(b). installed so that each joint will sustain
(f) When nondestructive testing is re- the longitudinal pullout or thrust
quired under § 192.241(b), each operator forces caused by contraction or expan-
must retain, for the life of the pipeline, sion of the piping or by anticipated ex-
a record showing by milepost, engi- ternal or internal loading.
neering station, or by geographic fea- (b) Each joint must be made in ac-
ture, the number of girth welds made, cordance with written procedures that
the number nondestructively tested,
have been proven by test or experience
the number rejected, and the disposi-
to produce strong gastight joints.
tion of the rejects.
(c) Each joint must be inspected to
[35 FR 13257, Aug. 19, 1970, as amended by insure compliance with this subpart.
Amdt. 192–27, 41 FR 34606, Aug. 16, 1976;
Amdt. 192–50, 50 FR 37192, Sept. 12, 1985; § 192.275 Cast iron pipe.
Amdt. 192–78, 61 FR 28784, June 6, 1996]
(a) Each caulked bell and spigot joint
§ 192.245 Repair or removal of defects. in cast iron pipe must be sealed with
(a) Each weld that is unacceptable mechanical leak clamps.
under § 192.241(c) must be removed or (b) Each mechanical joint in cast
repaired. Except for welds on an off- iron pipe must have a gasket made of a
shore pipeline being installed from a resilient material as the sealing me-
pipeline vessel, a weld must be re- dium. Each gasket must be suitably
moved if it has a crack that is more confined and retained under compres-
than 8 percent of the weld length. sion by a separate gland or follower
(b) Each weld that is repaired must ring.
have the defect removed down to sound (c) Cast iron pipe may not be joined
metal and the segment to be repaired by threaded joints.
must be preheated if conditions exist (d) Cast iron pipe may not be joined
which would adversely affect the qual- by brazing.
ity of the weld repair. After repair, the
segment of the weld that was repaired [35 FR 13257, Aug. 19, 1970, as amended by
must be inspected to ensure its accept- Amdt. 192–62, 54 FR 5628, Feb. 6, 1989]
ability.
(c) Repair of a crack, or of any defect § 192.277 Ductile iron pipe.
in a previously repaired area must be (a) Ductile iron pipe may not be
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in accordance with written weld repair joined by threaded joints.

58

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.283

(b) Ductile iron pipe may not be (d) Adhesive joints. Each adhesive
joined by brazing. joint on plastic pipe must comply with
[35 FR 13257, Aug. 19, 1970, as amended by
the following:
Amdt. 192–62, 54 FR 5628, Feb. 6, 1989] (1) The adhesive must conform to
ASTM Designation D 2517.
§ 192.279 Copper pipe. (2) The materials and adhesive must
Copper pipe may not be threaded ex- be compatible with each other.
cept that copper pipe used for joining (e) Mechanical joints. Each compres-
screw fittings or valves may be thread- sion type mechanical joint on plastic
ed if the wall thickness is equivalent to pipe must comply with the following:
the comparable size of Schedule 40 or (1) The gasket material in the cou-
heavier wall pipe listed in Table C1 of pling must be compatible with the
ASME/ANSI B16.5. plastic.
(2) A rigid internal tubular stiffener,
[Amdt. 192–62, 54 FR 5628, Feb. 6, 1989, as
amended at 58 FR 14521, Mar. 18, 1993] other than a split tubular stiffener,
must be used in conjunction with the
§ 192.281 Plastic pipe. coupling.
(a) General. A plastic pipe joint that [35 FR 13257, Aug. 19, 1970, as amended by
is joined by solvent cement, adhesive, Amdt. 192–34, 44 FR 42973, July 23, 1979;
or heat fusion may not be disturbed Amdt. 192–58, 53 FR 1635, Jan. 21, 1988; Amdt.
until it has properly set. Plastic pipe 192–61, 53 FR 36793, Sept. 22, 1988; 58 FR 14521,
may not be joined by a threaded joint Mar. 18, 1993; Amdt. 192–78, 61 FR 28784, June
6, 1996]
or miter joint.
(b) Solvent cement joints. Each solvent § 192.283 Plastic pipe: Qualifying join-
cement joint on plastic pipe must com- ing procedures.
ply with the following:
(1) The mating surfaces of the joint (a) Heat fusion, solvent cement, and ad-
must be clean, dry, and free of material hesive joints. Before any written proce-
which might be deterimental to the dure established under § 192.273(b) is
joint. used for making plastic pipe joints by a
(2) The solvent cement must conform heat fusion, solvent cement, or adhe-
to ASTM Designation D 2513. sive method, the procedure must be
(3) The joint may not be heated to ac- qualified by subjecting specimen joints
celerate the setting of the cement. made according to the procedure to the
(c) Heat-fusion joints. Each heat-fu- following tests:
sion joint on plastic pipe must comply (1) The burst test requirements of—
with the following: (i) In the case of thermoplastic pipe,
(1) A butt heat-fusion joint must be paragraph 6.6 (sustained pressure test)
joined by a device that holds the heater or paragraph 6.7 (Minimum Hydrostatic
element square to the ends of the pip- Burst Test) or paragraph 8.9 ( Sus-
ing, compresses the heated ends to- tained Static pressure Test) of ASTM
gether, and holds the pipe in proper D2513 (incorporated by reference, see
alignment while the plastic hardens. § 192.7);
(2) A socket heat-fusion joint must be (ii) In the case of thermosetting plas-
joined by a device that heats the mat- tic pipe, paragraph 8.5 (Minimum Hy-
ing surfaces of the joint uniformly and drostatic Burst Pressure) or paragraph
simultaneously to essentially the same 8.9 (Sustained Static Pressure Test) of
temperature. ASTM D2517 (incorporated by ref-
(3) An electrofusion joint must be erence, see § 192.7); or
joined utilizing the equipment and (iii) In the case of electrofusion fit-
techniques of the fittings manufacturer tings for polyethylene pipe and tubing,
or equipment and techniques shown, by paragraph 9.1 (Minimum Hydraulic
testing joints to the requirements of Burst Pressure Test), paragraph 9.2
§ 192.283(a)(1)(iii), to be at least equiva- (Sustained Pressure Test), paragraph
lent to those of the fittings manufac- 9.3 (Tensile Strength Test), or para-
turer. graph 9.4 (Joint Integrity Tests) of
(4) Heat may not be applied with a ASTM Designation F1055 (incorporated
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torch or other open flame. by reference, see § 192.7).

59

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§ 192.285 49 CFR Ch. I (10–1–07 Edition)

(2) For procedures intended for lat- (7) Results obtained pertain only to
eral pipe connections, subject a speci- the specific outside diameter, and ma-
men joint made from pipe sections terial of the pipe tested, except that
joined at right angles according to the testing of a heavier wall pipe may be
procedure to a force on the lateral pipe used to qualify pipe of the same mate-
until failure occurs in the specimen. If rial but with a lesser wall thickness.
failure initiates outside the joint area, (c) A copy of each written procedure
the procedure qualifies for use; and being used for joining plastic pipe must
(3) For procedures intended for non- be available to the persons making and
lateral pipe connections, follow the inspecting joints.
tensile test requirements of ASTM (d) Pipe or fittings manufactured be-
D638 (incorporated by reference, see fore July 1, 1980, may be used in ac-
§ 192.7), except that the test may be cordance with procedures that the
conducted at ambient temperature and manufacturer certifies will produce a
humidity If the specimen elongates no joint as strong as the pipe.
less than 25 percent or failure initiates [Amdt. 192–34A, 45 FR 9935, Feb. 14, 1980, as
outside the joint area, the procedure amended by Amdt. 192–34B, 46 FR 39, Jan. 2,
qualifies for use. 1981; 47 FR 32720, July 29, 1982; 47 FR 49973,
Nov. 4, 1982; 58 FR 14521, Mar. 18, 1993; Amdt.
(b) Mechanical joints. Before any writ- 192–78, 61 FR 28784, June 6, 1996; Amdt. 192–85,
ten procedure established under 63 FR 37503, July 13, 1998; Amdt. 192–94, 69 FR
§ 192.273(b) is used for making mechan- 32895, June 14, 2004; Amdt. 192–94, 69 FR 54592,
ical plastic pipe joints that are de- Sept. 9, 2004]
signed to withstand tensile forces, the
procedure must be qualified by sub- § 192.285 Plastic pipe: Qualifying per-
jecting 5 specimen joints made accord- sons to make joints.
ing to the procedure to the following (a) No person may make a plastic
tensile test: pipe joint unless that person has been
(1) Use an apparatus for the test as qualified under the applicable joining
specified in ASTM D 638 (except for procedure by:
conditioning), (incorporated by ref- (1) Appropriate training or experi-
erence, see § 192.7). ence in the use of the procedure; and
(2) The specimen must be of such (2) Making a specimen joint from
length that the distance between the pipe sections joined according to the
grips of the apparatus and the end of procedure that passes the inspection
the stiffener does not affect the joint and test set forth in paragraph (b) of
strength. this section.
(b) The specimen joint must be:
(3) The speed of testing is 0.20 in (5.0 (1) Visually examined during and
mm) per minute, plus or minus 25 per- after assembly or joining and found to
cent. have the same appearance as a joint or
(4) Pipe specimens less than 4 inches photographs of a joint that is accept-
(102 mm) in diameter are qualified if able under the procedure; and
the pipe yields to an elongation of no (2) In the case of a heat fusion, sol-
less than 25 percent or failure initiates vent cement, or adhesive joint:
outside the joint area. (i) Tested under any one of the test
(5) Pipe specimens 4 inches (102 mm) methods listed under § 192.283(a) appli-
and larger in diameter shall be pulled cable to the type of joint and material
until the pipe is subjected to a tensile being tested;
stress equal to or greater than the (ii) Examined by ultrasonic inspec-
maximum thermal stress that would be tion and found not to contain flaws
produced by a temperature change of that would cause failure; or
100°F (38°C) or until the pipe is pulled (iii) Cut into at least 3 longitudinal
from the fitting. If the pipe pulls from straps, each of which is:
the fitting, the lowest value of the five (A) Visually examined and found not
test results or the manufacturer’s rat- to contain voids or discontinuities on
ing, whichever is lower must be used in the cut surfaces of the joint area; and
the design calculations for stress. (B) Deformed by bending, torque, or
(6) Each specimen that fails at the impact, and if failure occurs, it must
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grips must be retested using new pipe. not initiate in the joint area.

60

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.309

(c) A person must be requalified determinable damage that could im-


under an applicable procedure, if dur- pair its serviceability.
ing any 12-month period that person:
(1) Does not make any joints under § 192.309 Repair of steel pipe.
that procedure; or (a) Each imperfection or damage that
(2) Has 3 joints or 3 percent of the impairs the serviceability of a length
joints made, whichever is greater, of steel pipe must be repaired or re-
under that procedure that are found moved. If a repair is made by grinding,
unacceptable by testing under § 192.513. the remaining wall thickness must at
(d) Each operator shall establish a least be equal to either:
method to determine that each person (1) The minimum thickness required
making joints in plastic pipelines in by the tolerances in the specification
the operator’s system is qualified in ac- to which the pipe was manufactured; or
cordance with this section.
(2) The nominal wall thickness re-
[Amdt. 192–34A, 45 FR 9935, Feb. 14, 1980, as quired for the design pressure of the
amended by Amdt. 192–34B, 46 FR 39, Jan. 2, pipeline.
1981; Amdt. 192–93, 68 FR 53900, Sept. 15, 2003]
(b) Each of the following dents must
§ 192.287 Plastic pipe: Inspection of be removed from steel pipe to be oper-
joints. ated at a pressure that produces a hoop
stress of 20 percent, or more, of SMYS,
No person may carry out the inspec- unless the dent is repaired by a method
tion of joints in plastic pipes required that reliable engineering tests and
by §§ 192.273(c) and 192.285(b) unless that analyses show can permanently restore
person has been qualified by appro- the serviceability of the pipe:
priate training or experience in evalu-
(1) A dent that contains a stress con-
ating the acceptability of plastic pipe
centrator such as a scratch, gouge,
joints made under the applicable join-
groove, or arc burn.
ing procedure.
(2) A dent that affects the longitu-
[Amdt. 192–34, 44 FR 42974, July 23, 1979] dinal weld or a circumferential weld.
(3) In pipe to be operated at a pres-
Subpart G—General Construction sure that produces a hoop stress of 40
Requirements for Transmission percent or more of SMYS, a dent that
Lines and Mains has a depth of:
(i) More than 1⁄4 inch (6.4 millimeters)
§ 192.301 Scope. in pipe 123⁄4 inches (324 millimeters) or
This subpart prescribes minimum re- less in outer diameter; or
quirements for constructing trans- (ii) More than 2 percent of the nomi-
mission lines and mains. nal pipe diameter in pipe over 123⁄4
inches (324 millimeters) in outer di-
§ 192.303 Compliance with specifica- ameter.
tions or standards.
For the purpose of this section a
Each transmission line or main must ‘‘dent’’ is a depression that produces a
be constructed in accordance with com- gross disturbance in the curvature of
prehensive written specifications or the pipe wall without reducing the
standards that are consistent with this pipe-wall thickness. The depth of a
part. dent is measured as the gap between
the lowest point of the dent and a pro-
§ 192.305 Inspection: General. longation of the original contour of the
Each transmission line or main must pipe.
be inspected to ensure that it is con- (c) Each arc burn on steel pipe to be
structed in accordance with this part. operated at a pressure that produces a
hoop stress of 40 percent, or more, of
§ 192.307 Inspection of materials. SMYS must be repaired or removed. If
Each length of pipe and each other a repair is made by grinding, the arc
component must be visually inspected burn must be completely removed and
at the site of installation to ensure the remaining wall thickness must be
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that it has not sustained any visually at least equal to either:

61

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§ 192.311 49 CFR Ch. I (10–1–07 Edition)

(1) The minimum wall thickness re- the crotch, is at least 1 inch (25 milli-
quired by the tolerances in the speci- meters).
fication to which the pipe was manu- [Amdt. No. 192–26, 41 FR 26018, June 24, 1976,
factured; or as amended by Amdt. 192–29, 42 FR 42866,
(2) The nominal wall thickness re- Aug. 25, 1977; Amdt. 192–29, 42 FR 60148, Nov.
quired for the design pressure of the 25, 1977; Amdt. 192–49, 50 FR 13225, Apr. 3,
pipeline. 1985; Amdt. 192–85, 63 FR 37503, July 13, 1998]
(d) A gouge, groove, arc burn, or dent
may not be repaired by insert patching § 192.315 Wrinkle bends in steel pipe.
or by pounding out. (a) A wrinkle bend may not be made
(e) Each gouge, groove, arc burn, or on steel pipe to be operated at a pres-
dent that is removed from a length of sure that produces a hoop stress of 30
pipe must be removed by cutting out percent, or more, of SMYS.
the damaged portion as a cylinder. (b) Each wrinkle bend on steel pipe
must comply with the following:
[35 FR 13257, Aug. 19, 1970, as amended by (1) The bend must not have any sharp
Amdt. 192–1, 35 FR 17660, Nov. 17, 1970; Amdt.
192–85, 63 FR 37503, July 13, 1998; Amdt. 192–
kinks.
88, 64 FR 69664, Dec. 14, 1999] (2) When measured along the crotch
of the bend, the wrinkles must be a dis-
§ 192.311 Repair of plastic pipe. tance of at least one pipe diameter.
(3) On pipe 16 inches (406 millimeters)
Each imperfection or damage that
or larger in diameter, the bend may
would impair the serviceability of plas-
not have a deflection of more than 11⁄2°
tic pipe must be repaired or removed.
for each wrinkle.
[Amdt. 192–93, 68 FR 53900, Sept. 15, 2003] (4) On pipe containing a longitudinal
weld the longitudinal seam must be as
§ 192.313 Bends and elbows. near as practicable to the neutral axis
(a) Each field bend in steel pipe, of the bend.
other than a wrinkle bend made in ac- [35 FR 13257, Aug. 19, 1970, as amended by
cordance with § 192.315, must comply Amdt. 192–85, 63 FR 37503, July 13, 1998]
with the following:
(1) A bend must not impair the serv- § 192.317 Protection from hazards.
iceability of the pipe. (a) The operator must take all prac-
(2) Each bend must have a smooth ticable steps to protect each trans-
contour and be free from buckling, mission line or main from washouts,
cracks, or any other mechanical dam- floods, unstable soil, landslides, or
age. other hazards that may cause the pipe-
(3) On pipe containing a longitudinal line to move or to sustain abnormal
weld, the longitudinal weld must be as loads. In addition, the operator must
near as practicable to the neutral axis take all practicable steps to protect
of the bend unless: offshore pipelines from damage by mud
(i) The bend is made with an internal slides, water currents, hurricanes, ship
bending mandrel; or anchors, and fishing operations.
(ii) The pipe is 12 inches (305 millime- (b) Each aboveground transmission
ters) or less in outside diameter or has line or main, not located offshore or in
a diameter to wall thickness ratio less inland navigable water areas, must be
than 70. protected from accidental damage by
(b) Each circumferential weld of steel vehicular traffic or other similar
pipe which is located where the stress causes, either by being placed at a safe
during bending causes a permanent de- distance from the traffic or by install-
formation in the pipe must be non- ing barricades.
destructively tested either before or (c) Pipelines, including pipe risers, on
after the bending process. each platform located offshore or in in-
(c) Wrought-steel welding elbows and land navigable waters must be pro-
transverse segments of these elbows tected from accidental damage by ves-
may not be used for changes in direc- sels.
tion on steel pipe that is 2 inches (51 [Amdt. 192–27, 41 FR 34606, Aug. 16, 1976, as
millimeters) or more in diameter un- amended by Amdt. 192–78, 61 FR 28784, June
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less the arc length, as measured along 6, 1996]

62

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.323

§ 192.319 Installation of pipe in a or less may have a minimum wall


ditch. thickness of 0.062 inch (1.58 millime-
(a) When installed in a ditch, each ters).
transmission line that is to be operated (e) Plastic pipe that is not encased
at a pressure producing a hoop stress of must have an electrically conducting
20 percent or more of SMYS must be wire or other means of locating the
installed so that the pipe fits the ditch pipe while it is underground. Tracer
so as to minimize stresses and protect wire may not be wrapped around the
the pipe coating from damage. pipe and contact with the pipe must be
(b) When a ditch for a transmission minimized but is not prohibited. Tracer
line or main is backfilled, it must be wire or other metallic elements in-
backfilled in a manner that: stalled for pipe locating purposes must
(1) Provides firm support under the be resistant to corrosion damage, ei-
pipe; and ther by use of coated copper wire or by
(2) Prevents damage to the pipe and other means.
pipe coating from equipment or from (f) Plastic pipe that is being encased
the backfill material. must be inserted into the casing pipe in
(c) All offshore pipe in water at least a manner that will protect the plastic.
12 feet (3.7 meters) deep but not more The leading end of the plastic must be
than 200 feet (61 meters) deep, as meas- closed before insertion.
ured from the mean low tide, except (g) Uncased plastic pipe may be tem-
pipe in the Gulf of Mexico and its inlets porarily installed above ground level
under 15 feet (4.6 meters) of water, under the following conditions:
must be installed so that the top of the (1) The operator must be able to dem-
pipe is below the natural bottom unless onstrate that the cumulative above-
the pipe is supported by stanchions, ground exposure of the pipe does not
held in place by anchors or heavy con- exceed the manufacturer’s rec-
crete coating, or protected by an equiv- ommended maximum period of expo-
alent means. Pipe in the Gulf of Mexico sure or 2 years, whichever is less.
and its inlets under 15 feet (4.6 meters) (2) The pipe either is located where
of water must be installed so that the damage by external forces is unlikely
top of the pipe is 36 inches (914 milli- or is otherwise protected against such
meters) below the seabed for normal damage.
excavation or 18 inches (457 millime-
(3) The pipe adequately resists expo-
ters) for rock excavation.
sure to ultraviolet light and high and
[35 FR 13257, Aug. 19, 1970, as amended by low temperatures.
Amdt. 192–27, 41 FR 34606, Aug. 16, 1976; (h) Plastic pipe may be installed on
Amdt. 192–78, 61 FR 28784, June 6, 1996; Amdt. bridges provided that it is:
192–85, 63 FR 37503, July 13, 1998]
(1) Installed with protection from
§ 192.321 Installation of plastic pipe. mechanical damage, such as installa-
tion in a metallic casing;
(a) Plastic pipe must be installed
(2) Protected from ultraviolet radi-
below ground level except as provided
ation; and
by paragraphs (g) and (h) of this sec-
tion. (3) Not allowed to exceed the pipe
(b) Plastic pipe that is installed in a temperature limits specified in
vault or any other below grade enclo- § 192.123.
sure must be completely encased in [35 FR 13257, Aug. 19, 1970, as amended by
gas-tight metal pipe and fittings that Amdt. 192–78, 61 FR 28784, June 6, 1996; Amdt.
are adequately protected from corro- 192–85, 63 FR 37503, July 13, 1998; Amdt. 192–
sion. 93, 68 FR 53900, Sept. 15, 2003; Amdt. 192–94, 69
(c) Plastic pipe must be installed so FR 32895, June 14, 2004]
as to minimize shear or tensile
§ 192.323 Casing.
stresses.
(d) Thermoplastic pipe that is not en- Each casing used on a transmission
cased must have a minimum wall line or main under a railroad or high-
thickness of 0.090 inch (2.29 millime- way must comply with the following:
ters), except that pipe with an outside (a) The casing must be designed to
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diameter of 0.875 inch (22.3 millimeters) withstand the superimposed loads.

63

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§ 192.325 49 CFR Ch. I (10–1–07 Edition)

(b) If there is a possibility of water Location Normal soil Consoli-


entering the casing, the ends must be dated rock
sealed. Drainage ditches of public roads
(c) If the ends of an unvented casing and railroad crossings ............... 36 (914) 24 (610)
are sealed and the sealing is strong
enough to retain the maximum allow- (b) Except as provided in paragraphs
able operating pressure of the pipe, the (c) and (d) of this section, each buried
casing must be designed to hold this main must be installed with at least 24
pressure at a stress level of not more inches (610 millimeters) of cover.
than 72 percent of SMYS. (c) Where an underground structure
(d) If vents are installed on a casing, prevents the installation of a trans-
the vents must be protected from the mission line or main with the min-
weather to prevent water from enter- imum cover, the transmission line or
ing the casing. main may be installed with less cover
if it is provided with additional protec-
§ 192.325 Underground clearance. tion to withstand anticipated external
(a) Each transmission line must be loads.
installed with at least 12 inches (305 (d) A main may be installed with less
millimeters) of clearance from any than 24 inches (610 millimeters) of
other underground structure not asso- cover if the law of the State or munici-
ciated with the transmission line. If pality:
this clearance cannot be attained, the (1) Establishes a minimum cover of
transmission line must be protected less than 24 inches (610 millimeters);
from damage that might result from (2) Requires that mains be installed
the proximity of the other structure. in a common trench with other utility
(b) Each main must be installed with lines; and
enough clearance from any other un- (3) Provides adequately for preven-
derground structure to allow proper tion of damage to the pipe by external
maintenance and to protect against forces.
damage that might result from prox- (e) Except as provided in paragraph
imity to other structures. (c) of this section, all pipe installed in
(c) In addition to meeting the re- a navigable river, stream, or harbor
quirements of paragraph (a) or (b) of must be installed with a minimum
this section, each plastic transmission cover of 48 inches (1,219 millimeters) in
line or main must be installed with suf- soil or 24 inches (610 millimeters) in
ficient clearance, or must be insulated, consolidated rock between the top of
from any source of heat so as to pre- the pipe and the underwater natural
vent the heat from impairing the serv- bottom (as determined by recognized
iceability of the pipe. and generally accepted practices).
(d) Each pipe-type or bottle-type (f) All pipe installed offshore, except
holder must be installed with a min- in the Gulf of Mexico and its inlets,
imum clearance from any other holder under water not more than 200 feet (60
as prescribed in § 192.175(b). meters) deep, as measured from the
mean low tide, must be installed as fol-
[35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–85, 63 FR 37503, July 13, 1998] lows:
(1) Except as provided in paragraph
§ 192.327 Cover. (c) of this section, pipe under water
less than 12 feet (3.66 meters) deep,
(a) Except as provided in paragraphs
must be installed with a minimum
(c), (e), (f), and (g) of this section, each
cover of 36 inches (914 millimeters) in
buried transmission line must be in-
soil or 18 inches (457 millimeters) in
stalled with a minimum cover as fol-
consolidated rock between the top of
lows:
the pipe and the natural bottom.
Location Normal soil Consoli- (2) Pipe under water at least 12 feet
dated rock (3.66 meters) deep must be installed so
Inches (Millimeters). that the top of the pipe is below the
Class 1 locations ........................... 30 (762) 18 (457) natural bottom, unless the pipe is sup-
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Class 2, 3, and 4 locations ........... 36 (914) 24 (610) ported by stanchions, held in place by

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.359

anchors or heavy concrete coating, or might create either a vacuum or a back


protected by an equivalent means. pressure, a device must be installed to
(g) All pipelines installed under protect the system.
water in the Gulf of Mexico and its in- (b) Service regulator vents and relief
lets, as defined in § 192.3, must be in- vents. Service regulator vents and re-
stalled in accordance with lief vents must terminate outdoors,
§ 192.612(b)(3). and the outdoor terminal must—
[35 FR 13257, Aug. 19, 1970, as amended by (1) Be rain and insect resistant;
Amdt. 192–27, 41 FR 34606, Aug. 16, 1976; (2) Be located at a place where gas
Amdt. 192–78, 61 FR 28785, June 6, 1996; Amdt. from the vent can escape freely into
192–85, 63 FR 37503, July 13, 1998; Amdt. 192–
the atmosphere and away from any
98, 69 FR 48406, Aug. 10, 2004]
opening into the building; and
(3) Be protected from damage caused
Subpart H—Customer Meters, by submergence in areas where flood-
Service Regulators, and Serv- ing may occur.
ice Lines (c) Pits and vaults. Each pit or vault
§ 192.351 Scope. that houses a customer meter or regu-
lator at a place where vehicular traffic
This subpart prescribes minimum re- is anticipated, must be able to support
quirements for installing customer me- that traffic.
ters, service regulators, service lines,
service line valves, and service line [35 FR 13257, Aug. 19, 1970, as amended by
connections to mains. Amdt. 192–58, 53 FR 1635, Jan. 21, 1988]

§ 192.353 Customer meters and regu- § 192.357 Customer meters and regu-
lators: Location. lators: Installation.
(a) Each meter and service regulator, (a) Each meter and each regulator
whether inside or outside a building, must be installed so as to minimize an-
must be installed in a readily acces- ticipated stresses upon the connecting
sible location and be protected from piping and the meter.
corrosion and other damage, including, (b) When close all-thread nipples are
if installed outside a building, vehic- used, the wall thickness remaining
ular damage that may be anticipated. after the threads are cut must meet
However, the upstream regulator in a the minimum wall thickness require-
series may be buried. ments of this part.
(b) Each service regulator installed
(c) Connections made of lead or other
within a building must be located as
near as practical to the point of service easily damaged material may not be
line entrance. used in the installation of meters or
(c) Each meter installed within a regulators.
building must be located in a venti- (d) Each regulator that might release
lated place and not less than 3 feet (914 gas in its operation must be vented to
millimeters) from any source of igni- the outside atmosphere.
tion or any source of heat which might
damage the meter. § 192.359 Customer meter installations:
(d) Where feasible, the upstream reg- Operating pressure.
ulator in a series must be located out- (a) A meter may not be used at a
side the building, unless it is located in pressure that is more than 67 percent
a separate metering or regulating of the manufacturer’s shell test pres-
building. sure.
[35 FR 13257, Aug. 19, 1970, as amended by (b) Each newly installed meter manu-
Amdt 192–85, 63 FR 37503, July 13, 1998; Amdt. factured after November 12, 1970, must
192–93, 68 FR 53900, Sept. 15, 2003] have been tested to a minimum of 10
p.s.i. (69 kPa) gage.
§ 192.355 Customer meters and regu-
lators: Protection from damage. (c) A rebuilt or repaired tinned steel
case meter may not be used at a pres-
(a) Protection from vacuum or back sure that is more than 50 percent of the
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§ 192.361 49 CFR Ch. I (10–1–07 Edition)

pressure used to test the meter after prevent gas leakage into the building
rebuilding or repairing. and, if the conduit is sealed at both
[35 FR 13257, Aug. 19, 1970, as amended by ends, a vent line from the annular
Amdt. 192–1, 35 FR 17660, Nov. 17, 1970; Amdt. space must extend to a point where gas
192–85, 63 FR 37503, July 13, 1998] would not be a hazard, and extend
above grade, terminating in a rain and
§ 192.361 Service lines: Installation. insect resistant fitting.
(a) Depth. Each buried service line (g) Locating underground service lines.
must be installed with at least 12 Each underground nonmetallic service
inches (305 millimeters) of cover in pri- line that is not encased must have a
vate property and at least 18 inches means of locating the pipe that com-
(457 millimeters) of cover in streets and plies with § 192.321(e).
roads. However, where an underground
structure prevents installation at [35 FR 13257, Aug. 19, 1970, as amended by
those depths, the service line must be Amdt. 192–75, 61 FR 18517, Apr. 26, 1996; Amdt.
able to withstand any anticipated ex- 192–85, 63 FR 37503, July 13, 1998; Amdt. 192–
ternal load. 93, 68 FR 53900, Sept. 15, 2003]
(b) Support and backfill. Each service
§ 192.363 Service lines: Valve require-
line must be properly supported on un- ments.
disturbed or well-compacted soil, and
material used for backfill must be free (a) Each service line must have a
of materials that could damage the service-line valve that meets the appli-
pipe or its coating. cable requirements of subparts B and D
(c) Grading for drainage. Where con- of this part. A valve incorporated in a
densate in the gas might cause inter- meter bar, that allows the meter to be
ruption in the gas supply to the cus- bypassed, may not be used as a service-
tomer, the service line must be graded line valve.
so as to drain into the main or into (b) A soft seat service line valve may
drips at the low points in the service not be used if its ability to control the
line. flow of gas could be adversely affected
(d) Protection against piping strain and by exposure to anticipated heat.
external loading. Each service line must
(c) Each service-line valve on a high-
be installed so as to minimize antici-
pressure service line, installed above
pated piping strain and external load-
ing. ground or in an area where the blowing
(e) Installation of service lines into of gas would be hazardous, must be de-
buildings. Each underground service signed and constructed to minimize the
line installed below grade through the possibility of the removal of the core of
outer foundation wall of a building the valve with other than specialized
must: tools.
(1) In the case of a metal service line,
be protected against corrosion; § 192.365 Service lines: Location of
(2) In the case of a plastic service valves.
line, be protected from shearing action (a) Relation to regulator or meter. Each
and backfill settlement; and service-line valve must be installed up-
(3) Be sealed at the foundation wall stream of the regulator or, if there is
to prevent leakage into the building. no regulator, upstream of the meter.
(f) Installation of service lines under (b) Outside valves. Each service line
buildings. Where an underground serv- must have a shut-off valve in a readily
ice line is installed under a building:
accessible location that, if feasible, is
(1) It must be encased in a gas tight
outside of the building.
conduit;
(2) The conduit and the service line (c) Underground valves. Each under-
must, if the service line supplies the ground service-line valve must be lo-
building it underlies, extend into a nor- cated in a covered durable curb box or
mally usable and accessible part of the standpipe that allows ready operation
building; and of the valve and is supported independ-
(3) The space between the conduit ently of the service lines.
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.381

§ 192.367 Service lines: General re- (c) A cast iron or ductile iron service
quirements for connections to main line may not be installed in unstable
piping. soil or under a building.
(a) Location. Each service line con- [35 FR 13257, Aug. 19, 1970, as amended by
nection to a main must be located at Amdt. 192–85, 63 FR 37503, July 13, 1998]
the top of the main or, if that is not
practical, at the side of the main, un- § 192.375 Service lines: Plastic.
less a suitable protective device is in- (a) Each plastic service line outside a
stalled to minimize the possibility of building must be installed below
dust and moisture being carried from ground level, except that—
the main into the service line. (1) It may be installed in accordance
(b) Compression-type connection to with § 192.321(g); and
main. Each compression-type service (2) It may terminate above ground
line to main connection must: level and outside the building, if—
(1) Be designed and installed to effec- (i) The above ground level part of the
tively sustain the longitudinal pull-out plastic service line is protected against
or thrust forces caused by contraction deterioration and external damage; and
or expansion of the piping, or by antici- (ii) The plastic service line is not
pated external or internal loading; and used to support external loads.
(2) If gaskets are used in connecting (b) Each plastic service line inside a
the service line to the main connection building must be protected against ex-
fitting, have gaskets that are compat- ternal damage.
ible with the kind of gas in the system. [35 FR 13257, Aug. 19, 1970, as amended by
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192–78, 61 FR 28785, June 6, 1996]
Amdt. 192–75, 61 FR 18517, Apr. 26, 1996]
§ 192.377 Service lines: Copper.
§ 192.369 Service lines: Connections to Each copper service line installed
cast iron or ductile iron mains. within a building must be protected
(a) Each service line connected to a against external damage.
cast iron or ductile iron main must be
connected by a mechanical clamp, by § 192.379 New service lines not in use.
drilling and tapping the main, or by Each service line that is not placed
another method meeting the require- in service upon completion of installa-
ments of § 192.273. tion must comply with one of the fol-
(b) If a threaded tap is being inserted, lowing until the customer is supplied
the requirements of § 192.151 (b) and (c) with gas:
must also be met. (a) The valve that is closed to pre-
vent the flow of gas to the customer
§ 192.371 Service lines: Steel. must be provided with a locking device
Each steel service line to be operated or other means designed to prevent the
at less than 100 p.s.i. (689 kPa) gage opening of the valve by persons other
must be constructed of pipe designed than those authorized by the operator.
for a minimum of 100 p.s.i. (689 kPa) (b) A mechanical device or fitting
gage. that will prevent the flow of gas must
be installed in the service line or in the
[Amdt. 192–1, 35 FR 17660, Nov. 17, 1970, as
meter assembly.
amended by Amdt. 192–85, 63 FR 37503, July
13, 1998] (c) The customer’s piping must be
physically disconnected from the gas
§ 192.373 Service lines: Cast iron and supply and the open pipe ends sealed.
ductile iron. [Amdt. 192–8, 37 FR 20694, Oct. 3, 1972]
(a) Cast or ductile iron pipe less than
6 inches (152 millimeters) in diameter § 192.381 Service lines: Excess flow
may not be installed for service lines. valve performance standards.
(b) If cast iron pipe or ductile iron (a) Excess flow valves to be used on
pipe is installed for use as a service single residence service lines that oper-
line, the part of the service line which ate continuously throughout the year
extends through the building wall must at a pressure not less than 10 p.s.i. (69
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be of steel pipe. kPa) gage must be manufactured and

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§ 192.383 49 CFR Ch. I (10–1–07 Edition)

tested by the manufacturer according § 192.383 Excess flow valve customer


to an industry specification, or the notification.
manufacturer’s written specification, (a) Definitions. As used in this sec-
to ensure that each valve will: tion:
(1) Function properly up to the max- Costs associated with installation
imum operating pressure at which the means the costs directly connected
valve is rated; with installing an excess flow valve, for
(2) Function properly at all tempera- example, costs of parts, labor, inven-
tures reasonably expected in the oper- tory and procurement. It does not in-
ating environment of the service line; clude maintenance and replacement
(3) At 10 p.s.i. (69 kPa) gage: costs until such costs are incurred.
Replaced service line means a natural
(i) Close at, or not more than 50 per-
gas service line where the fitting that
cent above, the rated closure flow rate connects the service line to the main is
specified by the manufacturer; and replaced or the piping connected to
(ii) Upon closure, reduce gas flow— this fitting is replaced.
(A) For an excess flow valve designed Service line customer means the person
to allow pressure to equalize across the who pays the gas bill, or where service
valve, to no more than 5 percent of the has not yet been established, the per-
manufacturer’s specified closure flow son requesting service.
rate, up to a maximum of 20 cubic feet (b) Which customers must receive notifi-
per hour (0.57 cubic meters per hour); cation. Notification is required on each
or newly installed service line or replaced
(B) For an excess flow valve designed service line that operates continuously
to prevent equalization of pressure throughout the year at a pressure not
across the valve, to no more than 0.4 less than 68.9 kPa (10 psig) and that
cubic feet per hour (.01 cubic meters serves a single residence. On these lines
per hour); and an operator of a natural gas distribu-
tion system must notify the service
(4) Not close when the pressure is less
line customer once in writing.
than the manufacturer’s minimum
(c) What to put in the written notice.
specified operating pressure and the (1) An explanation for the customer
flow rate is below the manufacturer’s that an excess flow valve meeting the
minimum specified closure flow rate. performance standards prescribed
(b) An excess flow valve must meet under § 192.381 is available for the oper-
the applicable requirements of Sub- ator to install if the customer bears
parts B and D of this part. the costs associated with installation;
(c) An operator must mark or other- (2) An explanation for the customer
wise identify the presence of an excess of the potential safety benefits that
flow valve in the service line. may be derived from installing an ex-
(d) An operator shall locate an excess cess flow valve. The explanation must
flow valve as near as practical to the include that an excess flow valve is de-
fitting connecting the service line to signed to shut off flow of natural gas
its source of gas supply. automatically if the service line
(e) An operator should not install an breaks;
excess flow valve on a service line (3) A description of installation,
where the operator has prior experi- maintenance, and replacement costs.
ence with contaminants in the gas The notice must explain that if the
stream, where these contaminants customer requests the operator to in-
stall an EFV, the customer bears all
could be expected to cause the excess
costs associated with installation, and
flow valve to malfunction or where the
what those costs are. The notice must
excess flow valve would interfere with
alert the customer that the costs for
necessary operation and maintenance
maintaining and replacing an EFV may
activities on the service, such as blow- later be incurred, and what those costs
ing liquids from the line. will be, to the extent known.
[Amdt. 192–79, 61 FR 31459, June 20, 1996, as (d) When notification and installation
amended by Amdt. 192–80, 62 FR 2619, Jan. 17, must be made. (1) After February 3, 1999
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1997; Amdt. 192–85, 63 FR 37504, July 13, 1998] an operator must notify each service

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.452

line customer set forth in paragraph (b) Subpart I—Requirements for


of this section: Corrosion Control
(i) On new service lines when the cus-
tomer applies for service.
SOURCE: Amdt. 192–4, 36 FR 12302, June 30,
(ii) On replaced service lines when
1971, unless otherwise noted.
the operator determines the service
line will be replaced. § 192.451 Scope.
(2) If a service line customer requests
installation an operator must install (a) This subpart prescribes minimum
the EFV at a mutually agreeable date. requirements for the protection of me-
(e) What records are required. (1) An tallic pipelines from external, internal,
operator must make the following and atmospheric corrosion.
records available for inspection by the (b) [Reserved]
Administrator or a State agency par- [Amdt. 192–4, 36 FR 12302, June 30, 1971, as
ticipating under 49 U.S.C. 60105 or 60106: amended by Amdt. 192–27, 41 FR 34606, Aug.
(i) A copy of the notice currently in 16, 1976; Amdt. 192–33, 43 FR 39389, Sept. 5,
use; and 1978]
(ii) Evidence that notice has been
sent to the service line customers set § 192.452 How does this subpart apply
forth in paragraph (b) of this section, to converted pipelines and regu-
within the previous three years. lated onshore gathering lines?
(2) [Reserved] (a) Converted pipelines. Notwith-
(f) When notification is not required. standing the date the pipeline was in-
The notification requirements do not stalled or any earlier deadlines for
apply if the operator can dem- compliance, each pipeline which quali-
onstrate— fies for use under this part in accord-
(1) That the operator will voluntarily ance with § 192.14 must meet the re-
install an excess flow valve or that the quirements of this subpart specifically
state or local jurisdiction requires in- applicable to pipelines installed before
stallation; August 1, 1971, and all other applicable
(2) That excess flow valves meeting requirements within 1 year after the
the performance standards in § 192.381 pipeline is readied for service. How-
are not available to the operator; ever, the requirements of this subpart
(3) That the operator has prior expe- specifically applicable to pipelines in-
rience with contaminants in the gas stalled after July 31, 1971, apply if the
stream that could interfere with the pipeline substantially meets those re-
operation of an excess flow valve, cause quirements before it is readied for serv-
loss of service to a residence, or inter- ice or it is a segment which is replaced,
fere with necessary operation or main- relocated, or substantially altered.
tenance activities, such as blowing liq- (b) Regulated onshore gathering lines.
uids from the line. For any regulated onshore gathering
(4) That an emergency or short time line under § 192.9 existing on April 14,
notice replacement situation made it 2006, that was not previously subject to
impractical for the operator to notify a this part, and for any onshore gath-
service line customer before replacing ering line that becomes a regulated on-
a service line. Examples of these situa- shore gathering line under § 192.9 after
tions would be where an operator has April 14, 2006, because of a change in
to replace a service line quickly be- class location or increase in dwelling
cause of— density:
(i) Third party excavation damage; (1) The requirements of this subpart
(ii) Grade 1 leaks as defined in the specifically applicable to pipelines in-
Appendix G–192–11 of the Gas Piping stalled before August 1, 1971, apply to
Technology Committee guide for gas the gathering line regardless of the
transmission and distribution systems; date the pipeline was actually in-
(iii) A short notice service line relo- stalled; and
cation request. (2) The requirements of this subpart
[Amdt.192–82, 63 FR 5471, Feb. 3, 1998; Amdt. specifically applicable to pipelines in-
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192–83, 63 FR 20135, Apr. 23, 1998] stalled after July 31, 1971, apply only if

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§ 192.453 49 CFR Ch. I (10–1–07 Edition)

the pipeline substantially meets those (c) An operator need not comply with
requirements. paragraph (a) of this section, if the op-
[Amdt. 192–30, 42 FR 60148, Nov. 25, 1977, as
erator can demonstrate by tests, inves-
amended by Amdt. 192–102, 71 FR 13303, Mar. tigation, or experience that—
15, 2006] (1) For a copper pipeline, a corrosive
environment does not exist; or
§ 192.453 General. (2) For a temporary pipeline with an
The corrosion control procedures re- operating period of service not to ex-
quired by § 192.605(b)(2), including those ceed 5 years beyond installation, corro-
for the design, installation, operation, sion during the 5-year period of service
and maintenance of cathodic protec- of the pipeline will not be detrimental
tion systems, must be carried out by, to public safety.
or under the direction of, a person (d) Notwithstanding the provisions of
qualified in pipeline corrosion control paragraph (b) or (c) of this section, if a
methods. pipeline is externally coated, it must
be cathodically protected in accord-
[Amdt. 192–71, 59 FR 6584, Feb. 11, 1994]
ance with paragraph (a)(2) of this sec-
§ 192.455 External corrosion control: tion.
Buried or submerged pipelines in- (e) Aluminum may not be installed in
stalled after July 31, 1971. a buried or submerged pipeline if that
(a) Except as provided in paragraphs aluminum is exposed to an environ-
(b), (c), and (f) of this section, each bur- ment with a natural pH in excess of 8,
ied or submerged pipeline installed unless tests or experience indicate its
after July 31, 1971, must be protected suitability in the particular environ-
against external corrosion, including ment involved.
the following: (f) This section does not apply to
(1) It must have an external protec- electrically isolated, metal alloy fit-
tive coating meeting the requirements tings in plastic pipelines, if:
of § 192.461. (1) For the size fitting to be used, an
(2) It must have a cathodic protec- operator can show by test, investiga-
tion system designed to protect the tion, or experience in the area of appli-
pipeline in accordance with this sub- cation that adequate corrosion control
part, installed and placed in operation is provided by the alloy composition;
within 1 year after completion of con- and
struction. (2) The fitting is designed to prevent
(b) An operator need not comply with leakage caused by localized corrosion
paragraph (a) of this section, if the op- pitting.
erator can demonstrate by tests, inves- [Amdt. 192–4, 36 FR 12302, June 30, 1971, as
tigation, or experience in the area of amended at Amdt. 192–28, 42 FR 35654, July
application, including, as a minimum, 11, 1977; Amdt. 192–39, 47 FR 9844, Mar. 8, 1982;
soil resistivity measurements and tests Amdt. 192–78, 61 FR 28785, June 6, 1996; Amdt.
for corrosion accelerating bacteria, 192–85, 63 FR 37504, July 13, 1998]
that a corrosive environment does not
exist. However, within 6 months after § 192.457 External corrosion control:
an installation made pursuant to the Buried or submerged pipelines in-
preceding sentence, the operator shall stalled before August 1, 1971.
conduct tests, including pipe-to-soil (a) Except for buried piping at com-
potential measurements with respect pressor, regulator, and measuring sta-
to either a continuous reference elec- tions, each buried or submerged trans-
trode or an electrode using close spac- mission line installed before August 1,
ing, not to exceed 20 feet (6 meters), 1971, that has an effective external
and soil resistivity measurements at coating must be cathodically protected
potential profile peak locations, to along the entire area that is effectively
adequately evaluate the potential pro- coated, in accordance with this sub-
file along the entire pipeline. If the part. For the purposes of this subpart,
tests made indicate that a corrosive a pipeline does not have an effective
condition exists, the pipeline must be external coating if its cathodic protec-
cathodically protected in accordance tion current requirements are substan-
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with paragraph (a)(2) of this section. tially the same as if it were bare. The

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.465

operator shall make tests to determine (b) Each external protective coating
the cathodic protection current re- which is an electrically insulating type
quirements. must also have low moisture absorp-
(b) Except for cast iron or ductile tion and high electrical resistance.
iron, each of the following buried or (c) Each external protective coating
submerged pipelines installed before must be inspected just prior to low-
August 1, 1971, must be cathodically ering the pipe into the ditch and back-
protected in accordance with this sub- filling, and any damage detrimental to
part in areas in which active corrosion effective corrosion control must be re-
is found: paired.
(1) Bare or ineffectively coated trans- (d) Each external protective coating
mission lines. must be protected from damage result-
(2) Bare or coated pipes at com- ing from adverse ditch conditions or
pressor, regulator, and measuring sta- damage from supporting blocks.
tions. (e) If coated pipe is installed by bor-
(3) Bare or coated distribution lines. ing, driving, or other similar method,
[Amdt. 192–4, 36 FR 12302, June 30, 1971, as precautions must be taken to minimize
amended by Amdt. 192–33, 43 FR 39390, Sept. damage to the coating during installa-
5, 1978; Amdt. 192–93, 68 FR 53900, Sept. 15, tion.
2003]
§ 192.463 External corrosion control:
§ 192.459 External corrosion control: Cathodic protection.
Examination of buried pipeline
when exposed. (a) Each cathodic protection system
required by this subpart must provide a
Whenever an operator has knowledge level of cathodic protection that com-
that any portion of a buried pipeline is plies with one or more of the applicable
exposed, the exposed portion must be criteria contained in appendix D of this
examined for evidence of external cor- part. If none of these criteria is appli-
rosion if the pipe is bare, or if the coat- cable, the cathodic protection system
ing is deteriorated. If external corro- must provide a level of cathodic pro-
sion requiring remedial action under tection at least equal to that provided
§§ 192.483 through 192.489 is found, the by compliance with one or more of
operator shall investigate circumferen- these criteria.
tially and longitudinally beyond the (b) If amphoteric metals are included
exposed portion (by visual examina- in a buried or submerged pipeline con-
tion, indirect method, or both) to de- taining a metal of different anodic po-
termine whether additional corrosion tential—
requiring remedial action exists in the (1) The amphoteric metals must be
vicinity of the exposed portion. electrically isolated from the remain-
[Amdt. 192–87, 64 FR 56981, Oct. 22, 1999] der of the pipeline and cathodically
protected; or
§ 192.461 External corrosion control: (2) The entire buried or submerged
Protective coating. pipeline must be cathodically pro-
(a) Each external protective coating, tected at a cathodic potential that
whether conductive or insulating, ap- meets the requirements of appendix D
plied for the purpose of external corro- of this part for amphoteric metals.
sion control must— (c) The amount of cathodic protec-
(1) Be applied on a properly prepared tion must be controlled so as not to
surface; damage the protective coating or the
(2) Have sufficient adhesion to the pipe.
metal surface to effectively resist
underfilm migration of moisture; § 192.465 External corrosion control:
(3) Be sufficiently ductile to resist Monitoring.
cracking; (a) Each pipeline that is under ca-
(4) Have sufficient strength to resist thodic protection must be tested at
damage due to handling and soil stress; least once each calendar year, but with
and intervals not exceeding 15 months, to
(5) Have properties compatible with determine whether the cathodic protec-
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§ 192.467 49 CFR Ch. I (10–1–07 Edition)

§ 192.463. However, if tests at those in- (2) Electrical survey means a series of
tervals are impractical for separately closely spaced pipe-to-soil readings
protected short sections of mains or over a pipeline that are subsequently
transmission lines, not in excess of 100 analyzed to identify locations where a
feet (30 meters), or separately pro- corrosive current is leaving the pipe-
tected service lines, these pipelines line.
may be surveyed on a sampling basis. (3) Pipeline environment includes soil
At least 10 percent of these protected resistivity (high or low), soil moisture
structures, distributed over the entire (wet or dry), soil contaminants that
system must be surveyed each calendar may promote corrosive activity, and
year, with a different 10 percent other known conditions that could af-
checked each subsequent year, so that fect the probability of active corrosion.
the entire system is tested in each 10–
year period. [Amdt. 192–4, 36 FR 12302, June 30, 1971, as
(b) Each cathodic protection rectifier amended by Amdt. 192–33, 43 FR 39390, Sept.
or other impressed current power 5, 1978; Amdt. 192–35A, 45 FR 23441, Apr. 7,
source must be inspected six times 1980; Amdt. 192–85, 63 FR 37504, July 13, 1998;
Amdt. 192–93, 68 FR 53900, Sept. 15, 2003]
each calendar year, but with intervals
not exceeding 21⁄2 months, to insure § 192.467 External corrosion control:
that it is operating. Electrical isolation.
(c) Each reverse current switch, each
diode, and each interference bond (a) Each buried or submerged pipe-
whose failure would jeopardize struc- line must be electrically isolated from
ture protection must be electrically other underground metallic structures,
checked for proper performance six unless the pipeline and the other struc-
times each calendar year, but with in- tures are electrically interconnected
tervals not exceeding 21⁄2 months. Each and cathodically protected as a single
other interference bond must be unit.
checked at least once each calendar (b) One or more insulating devices
year, but with intervals not exceeding must be installed where electrical iso-
15 months. lation of a portion of a pipeline is nec-
(d) Each operator shall take prompt essary to facilitate the application of
remedial action to correct any defi- corrosion control.
ciencies indicated by the monitoring. (c) Except for unprotected copper in-
(e) After the initial evaluation re- serted in ferrous pipe, each pipeline
quired by §§ 192.455(b) and (c) and must be electrically isolated from me-
192.457(b), each operator must, not less tallic casings that are a part of the un-
than every 3 years at intervals not ex- derground system. However, if isola-
ceeding 39 months, reevaluate its un- tion is not achieved because it is im-
protected pipelines and cathodically practical, other measures must be
protect them in accordance with this taken to minimize corrosion of the
subpart in areas in which active corro- pipeline inside the casing.
sion is found. The operator must deter- (d) Inspection and electrical tests
mine the areas of active corrosion by must be made to assure that electrical
electrical survey. However, on distribu- isolation is adequate.
tion lines and where an electrical sur-
(e) An insulating device may not be
vey is impractical on transmission
installed in an area where a combus-
lines, areas of active corrosion may be
tible atmosphere is anticipated unless
determined by other means that in-
precautions are taken to prevent arc-
clude review and analysis of leak re-
pair and inspection records, corrosion ing.
monitoring records, exposed pipe in- (f) Where a pipeline is located in
spection records, and the pipeline envi- close proximity to electrical trans-
ronment. In this section: mission tower footings, ground cables
(1) Active corrosion means continuing or counterpoise, or in other areas
corrosion which, unless controlled, where fault currents or unusual risk of
could result in a condition that is det- lightning may be anticipated, it must
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.476

damage due to fault currents or light- (b) Whenever any pipe is removed
ning, and protective measures must from a pipeline for any reason, the in-
also be taken at insulating devices. ternal surface must be inspected for
evidence of corrosion. If internal corro-
[Amdt. 192–4, 36 FR 12302, June 30, 1971, as
amended by Amdt. 192–33, 43 FR 39390, Sept.
sion is found—
5, 1978] (1) The adjacent pipe must be inves-
tigated to determine the extent of in-
§ 192.469 External corrosion control: ternal corrosion;
Test stations. (2) Replacement must be made to the
extent required by the applicable para-
Each pipeline under cathodic protec-
graphs of §§ 192.485, 192.487, or 192.489;
tion required by this subpart must
and
have sufficient test stations or other
(3) Steps must be taken to minimize
contact points for electrical measure-
the internal corrosion.
ment to determine the adequacy of ca-
(c) Gas containing more than 0.25
thodic protection.
grain of hydrogen sulfide per 100 cubic
[Amdt. 192–27, 41 FR 34606, Aug. 16, 1976] feet (5.8 milligrams/m.3) at standard
conditions (4 parts per million) may
§ 192.471 External corrosion control: not be stored in pipe-type or bottle-
Test leads. type holders.
(a) Each test lead wire must be con- [Amdt. 192–4, 36 FR 12302, June 30, 1971, as
nected to the pipeline so as to remain amended by Amdt. 192–33, 43 FR 39390, Sept.
mechanically secure and electrically 5, 1978; Amdt. 192–78, 61 FR 28785, June 6, 1996;
conductive. Amdt. 192–85, 63 FR 37504, July 13, 1998]
(b) Each test lead wire must be at-
tached to the pipeline so as to mini- § 192.476 Internal corrosion control:
Design and construction of trans-
mize stress concentration on the pipe. mission line.
(c) Each bared test lead wire and
bared metallic area at point of connec- (a) Design and construction. Except as
tion to the pipeline must be coated provided in paragraph (b) of this sec-
with an electrical insulating material tion, each new transmission line and
compatible with the pipe coating and each replacement of line pipe, valve,
the insulation on the wire. fitting, or other line component in a
transmission line must have features
§ 192.473 External corrosion control: incorporated into its design and con-
Interference currents. struction to reduce the risk of internal
corrosion. At a minimum, unless it is
(a) Each operator whose pipeline sys-
impracticable or unnecessary to do so,
tem is subjected to stray currents shall
each new transmission line or replace-
have in effect a continuing program to
ment of line pipe, valve, fitting, or
minimize the detrimental effects of
other line component in a transmission
such currents.
line must:
(b) Each impressed current type ca-
(1) Be configured to reduce the risk
thodic protection system or galvanic
that liquids will collect in the line;
anode system must be designed and in-
(2) Have effective liquid removal fea-
stalled so as to minimize any adverse
tures whenever the configuration
effects on existing adjacent under-
would allow liquids to collect; and
ground metallic structures.
(3) Allow use of devices for moni-
[Amdt. 192–4, 36 FR 12302, June 30, 1971, as toring internal corrosion at locations
amended by Amdt. 192–33, 43 FR 39390, Sept. with significant potential for internal
5, 1978] corrosion.
(b) Exceptions to applicability. The de-
§ 192.475 Internal corrosion control: sign and construction requirements of
General. paragraph (a) of this section do not
(a) Corrosive gas may not be trans- apply to the following:
ported by pipeline, unless the corrosive (1) Offshore pipeline; and
effect of the gas on the pipeline has (2) Pipeline installed or line pipe,
been investigated and steps have been valve, fitting or other line component
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§ 192.477 49 CFR Ch. I (10–1–07 Edition)

(c) Change to existing transmission line. (2) Not affect the safe operation of
When an operator changes the configu- the pipeline before the next scheduled
ration of a transmission line, the oper- inspection.
ator must evaluate the impact of the
[Amdt. 192–93, 68 FR 53901, Sept. 15, 2003]
change on internal corrosion risk to
the downstream portion of an existing § 192.481 Atmospheric corrosion con-
onshore transmission line and provide trol: Monitoring.
for removal of liquids and monitoring
(a) Each operator must inspect each
of internal corrosion as appropriate.
pipeline or portion of pipeline that is
(d) Records. An operator must main-
exposed to the atmosphere for evidence
tain records demonstrating compliance
of atmospheric corrosion, as follows:
with this section. Provided the records
show why incorporating design fea- If the pipeline is lo- Then the frequency of inspection is:
tures addressing paragraph (a)(1), cated:

(a)(2), or (a)(3) of this section is im- Onshore ................. At least once every 3 calendar years,
practicable or unnecessary, an operator but with intervals not exceeding 39
may fulfill this requirement through months
Offshore ................. At least once each calendar year, but
written procedures supported by as- with intervals not exceeding 15
built drawings or other construction months
records.
(b) During inspections the operator
[72 FR 20059, Apr. 23, 2007]
must give particular attention to pipe
§ 192.477 Internal corrosion control: at soil-to-air interfaces, under thermal
Monitoring. insulation, under disbonded coatings,
at pipe supports, in splash zones, at
If corrosive gas is being transported, deck penetrations, and in spans over
coupons or other suitable means must water.
be used to determine the effectiveness
(c) If atmospheric corrosion is found
of the steps taken to minimize internal
during an inspection, the operator
corrosion. Each coupon or other means
must provide protection against the
of monitoring internal corrosion must
corrosion as required by § 192.479.
be checked two times each calendar
year, but with intervals not exceeding [Amdt. 192–93, 68 FR 53901, Sept. 15, 2003]
71⁄2 months.
§ 192.483 Remedial measures: General.
[Amdt. 192–33, 43 FR 39390, Sept. 5, 1978]
(a) Each segment of metallic pipe
§ 192.479 Atmospheric corrosion con- that replaces pipe removed from a bur-
trol: General. ied or submerged pipeline because of
external corrosion must have a prop-
(a) Each operator must clean and
erly prepared surface and must be pro-
coat each pipeline or portion of pipe-
vided with an external protective coat-
line that is exposed to the atmosphere,
ing that meets the requirements of
except pipelines under paragraph (c) of
§ 192.461.
this section.
(b) Each segment of metallic pipe
(b) Coating material must be suitable
that replaces pipe removed from a bur-
for the prevention of atmospheric cor-
ied or submerged pipeline because of
rosion.
external corrosion must be cathodi-
(c) Except portions of pipelines in off-
cally protected in accordance with this
shore splash zones or soil-to-air inter-
subpart.
faces, the operator need not protect
(c) Except for cast iron or ductile
from atmospheric corrosion any pipe-
iron pipe, each segment of buried or
line for which the operator dem-
submerged pipe that is required to be
onstrates by test, investigation, or ex-
repaired because of external corrosion
perience appropriate to the environ-
must be cathodically protected in ac-
ment of the pipeline that corrosion
cordance with this subpart.
will—
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.490

§ 192.485 Remedial measures: Trans- of the pipe. Corrosion pitting so closely


mission lines. grouped as to affect the overall
(a) General corrosion. Each segment of strength of the pipe is considered gen-
transmission line with general corro- eral corrosion for the purpose of this
sion and with a remaining wall thick- paragraph.
ness less than that required for the (b) Localized corrosion pitting. Except
MAOP of the pipeline must be replaced for cast iron or ductile iron pipe, each
or the operating pressure reduced com- segment of distribution line pipe with
mensurate with the strength of the localized corrosion pitting to a degree
pipe based on actual remaining wall where leakage might result must be re-
thickness. However, corroded pipe may placed or repaired.
be repaired by a method that reliable [Amdt. 192–4, 36 FR 12302, June 30, 1971, as
engineering tests and analyses show amended by Amdt. 192–88, 64 FR 69665, Dec.
can permanently restore the service- 14, 1999]
ability of the pipe. Corrosion pitting so
closely grouped as to affect the overall § 192.489 Remedial measures: Cast
strength of the pipe is considered gen- iron and ductile iron pipelines.
eral corrosion for the purpose of this (a) General graphitization. Each seg-
paragraph. ment of cast iron or ductile iron pipe
(b) Localized corrosion pitting. Each
on which general graphitization is
segment of transmission line pipe with
found to a degree where a fracture or
localized corrosion pitting to a degree
any leakage might result, must be re-
where leakage might result must be re-
placed.
placed or repaired, or the operating
(b) Localized graphitization. Each seg-
pressure must be reduced commensu-
ment of cast iron or ductile iron pipe
rate with the strength of the pipe,
on which localized graphitization is
based on the actual remaining wall
found to a degree where any leakage
thickness in the pits.
(c) Under paragraphs (a) and (b) of might result, must be replaced or re-
this section, the strength of pipe based paired, or sealed by internal sealing
on actual remaining wall thickness methods adequate to prevent or arrest
may be determined by the procedure in any leakage.
ASME/ANSI B31G or the procedure in § 192.490 Direct assessment.
AGA Pipeline Research Committee
Project PR 3–805 (with RSTRENG Each operator that uses direct as-
disk). Both procedures apply to cor- sessment as defined in § 192.903 on an
roded regions that do not penetrate the onshore transmission line made pri-
pipe wall, subject to the limitations marily of steel or iron to evaluate the
prescribed in the procedures. effects of a threat in the first column
must carry out the direct assessment
[Amdt. 192–4, 36 FR 12302, June 30, 1971, as
according to the standard listed in the
amended by Amdt. 192–33, 43 FR 39390, Sept.
5, 1978; Amdt. 192–78, 61 FR 28785, June 6, 1996; second column. These standards do not
Amdt. 192–88, 64 FR 69664, Dec. 14, 1999] apply to methods associated with di-
rect assessment, such as close interval
§ 192.487 Remedial measures: Distribu- surveys, voltage gradient surveys, or
tion lines other than cast iron or examination of exposed pipelines, when
ductile iron lines. used separately from the direct assess-
(a) General corrosion. Except for cast ment process.
iron or ductile iron pipe, each segment
Threat Standard 1
of generally corroded distribution line
pipe with a remaining wall thickness External corrosion ..................................... § 192.925 2
less than that required for the MAOP Internal corrosion in pipelines that trans- § 192.927
of the pipeline, or a remaining wall port dry gas.
Stress corrosion cracking ......................... § 192.929
thickness less than 30 percent of the
nominal wall thickness, must be re- 1 For lines not subject to subpart O of this part, the terms
‘‘covered segment’’ and ‘‘covered pipeline segment’’ in
placed. However, corroded pipe may be §§ 192.925, 192.927, and 192.929 refer to the pipeline seg-
repaired by a method that reliable en- ment on which direct assessment is performed.
2 In § 192.925(b), the provision regarding detection of coat-
gineering tests and analyses show can ing damage applies only to pipelines subject to subpart O of
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§ 192.491 49 CFR Ch. I (10–1–07 Edition)
[Amdt. 192–101, 70 FR 61575, Oct. 25, 2005] as the test medium, the following max-
imum hoop stress limitations apply:
§ 192.491 Corrosion control records.
Maximum hoop stress allowed as per-
(a) Each operator shall maintain centage of SMYS
Class location
records or maps to show the location of
Natural gas Air or inert gas
cathodically protected piping, cathodic
protection facilities, galvanic anodes, 1 ......................... 80 80
and neighboring structures bonded to 2 ......................... 30 75
3 ......................... 30 50
the cathodic protection system. 4 ......................... 30 40
Records or maps showing a stated num-
ber of anodes, installed in a stated (d) Each joint used to tie in a test
manner or spacing, need not show spe- segment of pipeline is excepted from
cific distances to each buried anode. the specific test requirements of this
(b) Each record or map required by subpart, but each non-welded joint
paragraph (a) of this section must be must be leak tested at not less than its
retained for as long as the pipeline re- operating pressure.
mains in service.
[35 FR 13257, Aug. 19, 1970, as amended by
(c) Each operator shall maintain a Amdt. 192–58, 53 FR 1635, Jan. 21, 1988; Amdt.
record of each test, survey, or inspec- 192–60, 53 FR 36029, Sept. 16, 1988; Amdt. 192–
tion required by this subpart in suffi- 60A, 54 FR 5485, Feb. 3, 1989]
cient detail to demonstrate the ade-
quacy of corrosion control measures or § 192.505 Strength test requirements
that a corrosive condition does not for steel pipeline to operate at a
exist. These records must be retained hoop stress of 30 percent or more of
for at least 5 years, except that records SMYS.
related to §§ 192.465 (a) and (e) and (a) Except for service lines, each seg-
192.475(b) must be retained for as long ment of a steel pipeline that is to oper-
as the pipeline remains in service. ate at a hoop stress of 30 percent or
more of SMYS must be strength tested
[Amdt. 192–78, 61 FR 28785, June 6, 1996]
in accordance with this section to sub-
stantiate the proposed maximum al-
Subpart J—Test Requirements lowable operating pressure. In addi-
tion, in a Class 1 or Class 2 location, if
§ 192.501 Scope.
there is a building intended for human
This subpart prescribes minimum occupancy within 300 feet (91 meters) of
leak-test and strength-test require- a pipeline, a hydrostatic test must be
ments for pipelines. conducted to a test pressure of at least
125 percent of maximum operating
§ 192.503 General requirements. pressure on that segment of the pipe-
(a) No person may operate a new seg- line within 300 feet (91 meters) of such
ment of pipeline, or return to service a a building, but in no event may the
segment of pipeline that has been relo- test section be less than 600 feet (183
cated or replaced, until— meters) unless the length of the newly
(1) It has been tested in accordance installed or relocated pipe is less than
with this subpart and § 192.619 to sub- 600 feet (183 meters). However, if the
stantiate the maximum allowable oper- buildings are evacuated while the hoop
ating pressure; and stress exceeds 50 percent of SMYS, air
(2) Each potentially hazardous leak or inert gas may be used as the test
has been located and eliminated. medium.
(b) The test medium must be liquid, (b) In a Class 1 or Class 2 location,
air, natural gas, or inert gas that is— each compressor station regulator sta-
(1) Compatible with the material of tion, and measuring station, must be
which the pipeline is constructed; tested to at least Class 3 location test
(2) Relatively free of sedimentary requirements.
materials; and (c) Except as provided in paragraph
(3) Except for natural gas, nonflam- (e) of this section, the strength test
mable. must be conducted by maintaining the
(c) Except as provided in § 192.505(a), pressure at or above the test pressure
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.511

(d) If a component other than pipe is (2) The line must be walked to check
the only item being replaced or added for leaks while the hoop stress is held
to a pipeline, a strength test after in- at approximately 20 percent of SMYS.
stallation is not required, if the manu- (c) The pressure must be maintained
facturer of the component certifies at or above the test pressure for at
that— least 1 hour.
(1) The component was tested to at [35 FR 13257, Aug. 19, 1970, as amended by
least the pressure required for the pipe- Amdt. 192–58, 53 FR 1635, Jan. 21, 1988; Amdt.
line to which it is being added; 192–85, 63 FR 37504, July 13, 1998]
(2) The component was manufactured
under a quality control system that en- § 192.509 Test requirements for pipe-
sures that each item manufactured is lines to operate below 100 p.s.i. (689
kPa) gage.
at least equal in strength to a proto-
type and that the prototype was tested Except for service lines and plastic
to at least the pressure required for the pipelines, each segment of a pipeline
pipeline to which it is being added; or that is to be operated below 100 p.s.i.
(3) The component carries a pressure (689 kPa) gage must be leak tested in
rating established through applicable accordance with the following:
ASME/ANSI, MSS specifications, or by (a) The test procedure used must en-
unit strength calculations as described sure discovery of all potentially haz-
in § 192.143. ardous leaks in the segment being test-
ed.
(e) For fabricated units and short
(b) Each main that is to be operated
sections of pipe, for which a post in-
at less than 1 p.s.i. (6.9 kPa) gage must
stallation test is impractical, a pre-
be tested to at least 10 p.s.i. (69 kPa)
installation strength test must be con-
gage and each main to be operated at
ducted by maintaining the pressure at
or above 1 p.s.i. (6.9 kPa) gage must be
or above the test pressure for at least tested to at least 90 p.s.i. (621 kPa)
4 hours. gage.
[35 FR 13257, Aug. 19, 1970, as amended by [35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–85, 63 FR 37504, July 13, 1998; Amdt. 192–58, 53 FR 1635, Jan. 21, 1988; Amdt.
Amdt. 192–94, 69 FR 32895, June 14, 2004; 192–85, 63 FR 37504, July 13, 1998]
Amdt. 195–94, 69 FR 54592, Sept. 9, 2004]
§ 192.511 Test requirements for service
§ 192.507 Test requirements for pipe- lines.
lines to operate at a hoop stress less
than 30 percent of SMYS and at or (a) Each segment of a service line
above 100 p.s.i. (689 kPa) gage. (other than plastic) must be leak test-
ed in accordance with this section be-
Except for service lines and plastic
fore being placed in service. If feasible,
pipelines, each segment of a pipeline
the service line connection to the main
that is to be operated at a hoop stress
must be included in the test; if not fea-
less than 30 percent of SMYS and at or sible, it must be given a leakage test at
above 100 p.s.i. (689 kPa) gage must be the operating pressure when placed in
tested in accordance with the fol- service.
lowing: (b) Each segment of a service line
(a) The pipeline operator must use a (other than plastic) intended to be op-
test procedure that will ensure dis- erated at a pressure of at least 1 p.s.i.
covery of all potentially hazardous (6.9 kPa) gage but not more than 40
leaks in the segment being tested. p.s.i. (276 kPa) gage must be given a
(b) If, during the test, the segment is leak test at a pressure of not less than
to be stressed to 20 percent or more of 50 p.s.i. (345 kPa) gage.
SMYS and natural gas, inert gas, or air (c) Each segment of a service line
is the test medium— (other than plastic) intended to be op-
(1) A leak test must be made at a erated at pressures of more than 40
pressure between 100 p.s.i. (689 kPa) p.s.i. (276 kPa) gage must be tested to
gage and the pressure required to at least 90 p.s.i. (621 kPa) gage, except
produce a hoop stress of 20 percent of that each segment of a steel service
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§ 192.513 49 CFR Ch. I (10–1–07 Edition)

SMYS must be tested in accordance a record of each test performed under


with § 192.507 of this subpart. §§ 192.505 and 192.507. The record must
[35 FR 13257, Aug. 19, 1970, as amended by
contain at least the following informa-
Amdt. 192–74, 61 FR 18517, Apr. 26, 1996; Amdt tion:
192–85, 63 FR 37504, July 13, 1998] (1) The operator’s name, the name of
the operator’s employee responsible for
§ 192.513 Test requirements for plastic making the test, and the name of any
pipelines. test company used.
(a) Each segment of a plastic pipeline (2) Test medium used.
must be tested in accordance with this (3) Test pressure.
section. (4) Test duration.
(b) The test procedure must insure (5) Pressure recording charts, or
discovery of all potentially hazardous other record of pressure readings.
leaks in the segment being tested. (6) Elevation variations, whenever
(c) The test pressure must be at least significant for the particular test.
150 percent of the maximum operating (7) Leaks and failures noted and their
pressure or 50 p.s.i. (345 kPa) gage, disposition.
whichever is greater. However, the (b) Each operator must maintain a
maximum test pressure may not be record of each test required by
more than three times the pressure de- §§ 192.509, 192.511, and 192.513 for at least
termined under § 192.121, at a tempera- 5 years.
ture not less than the pipe temperature
during the test. [35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–93, 68 FR 53901, Sept. 15, 2003]
(d) During the test, the temperature
of thermoplastic material may not be
more than 100°F (38°C), or the tempera- Subpart K—Uprating
ture at which the material’s long-term
hydrostatic strength has been deter- § 192.551 Scope.
mined under the listed specification, This subpart prescribes minimum re-
whichever is greater. quirements for increasing maximum
allowable operating pressures
[35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–77, 61 FR 27793, June 3, 1996; 61 FR
(uprating) for pipelines.
45905, Aug. 30, 1996; Amdt. 192–85, 63 FR 37504,
July 13, 1998] § 192.553 General requirements.
(a) Pressure increases. Whenever the
§ 192.515 Environmental protection requirements of this subpart require
and safety requirements. that an increase in operating pressure
(a) In conducting tests under this be made in increments, the pressure
subpart, each operator shall insure must be increased gradually, at a rate
that every reasonable precaution is that can be controlled, and in accord-
taken to protect its employees and the ance with the following:
general public during the testing. (1) At the end of each incremental in-
Whenever the hoop stress of the seg- crease, the pressure must be held con-
ment of the pipeline being tested will stant while the entire segment of pipe-
exceed 50 percent of SMYS, the oper- line that is affected is checked for
ator shall take all practicable steps to leaks.
keep persons not working on the test- (2) Each leak detected must be re-
ing operation outside of the testing paired before a further pressure in-
area until the pressure is reduced to or crease is made, except that a leak de-
below the proposed maximum allow- termined not to be potentially haz-
able operating pressure. ardous need not be repaired, if it is
(b) The operator shall insure that the monitored during the pressure increase
test medium is disposed of in a manner and it does not become potentially haz-
that will minimize damage to the envi- ardous.
ronment. (b) Records. Each operator who
uprates a segment of pipeline shall re-
§ 192.517 Records. tain for the life of the segment a record
(a) Each operator shall make, and re- of each investigation required by this
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tain for the useful life of the pipeline, subpart, of all work performed, and of

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.557

each pressure test conducted, in con- pressure the highest pressure to which
nection with the uprating. the segment of pipeline was previously
(c) Written plan. Each operator who subjected (either in a strength test or
uprates a segment of pipeline shall es- in actual operation).
tablish a written procedure that will (d) After complying with paragraph
ensure that each applicable require- (b) of this section, an operator that
ment of this subpart is complied with. does not qualify under paragraph (c) of
(d) Limitation on increase in maximum this section may increase the pre-
allowable operating pressure. Except as viously established maximum allow-
provided in § 192.555(c), a new maximum able operating pressure if at least one
allowable operating pressure estab- of the following requirements is met:
lished under this subpart may not ex- (1) The segment of pipeline is suc-
ceed the maximum that would be al- cessfully tested in accordance with the
lowed under §§ 192.619 and 192.621 for a requirements of this part for a new line
new segment of pipeline constructed of of the same material in the same loca-
the same materials in the same loca- tion.
tion. However, when uprating a steel (2) An increased maximum allowable
pipeline, if any variable necessary to operating pressure may be established
determine the design pressure under for a segment of pipeline in a Class 1
the design formula (§ 192.105) is un- location if the line has not previously
known, the MAOP may be increased as been tested, and if:
provided in § 192.619(a)(1). (i) It is impractical to test it in ac-
[35 FR 13257, Aug. 10, 1970, as amended by
cordance with the requirements of this
Amdt. 192–78, 61 FR 28785, June 6, 1996; Amdt. part;
192–93, 68 FR 53901, Sept. 15, 2003] (ii) The new maximum operating
pressure does not exceed 80 percent of
§ 192.555 Uprating to a pressure that that allowed for a new line of the same
will produce a hoop stress of 30 per- design in the same location; and
cent or more of SMYS in steel pipe- (iii) The operator determines that
lines. the new maximum allowable operating
(a) Unless the requirements of this pressure is consistent with the condi-
section have been met, no person may tion of the segment of pipeline and the
subject any segment of a steel pipeline design requirements of this part.
to an operating pressure that will (e) Where a segment of pipeline is
produce a hoop stress of 30 percent or uprated in accordance with paragraph
more of SMYS and that is above the es- (c) or (d)(2) of this section, the increase
tablished maximum allowable oper- in pressure must be made in incre-
ating pressure. ments that are equal to:
(b) Before increasing operating pres- (1) 10 percent of the pressure before
sure above the previously established the uprating; or
maximum allowable operating pressure (2) 25 percent of the total pressure in-
the operator shall: crease,
(1) Review the design, operating, and whichever produces the fewer number
maintenance history and previous test- of increments.
ing of the segment of pipeline and de-
termine whether the proposed increase § 192.557 Uprating: Steel pipelines to a
is safe and consistent with the require- pressure that will produce a hoop
ments of this part; and stress less than 30 percent of SMYS:
(2) Make any repairs, replacements, plastic, cast iron, and ductile iron
or alterations in the segment of pipe- pipelines.
line that are necessary for safe oper- (a) Unless the requirements of this
ation at the increased pressure. section have been met, no person may
(c) After complying with paragraph subject:
(b) of this section, an operator may in- (1) A segment of steel pipeline to an
crease the maximum allowable oper- operating pressure that will produce a
ating pressure of a segment of pipeline hoop stress less than 30 percent of
constructed before September 12, 1970, SMYS and that is above the previously
to the highest pressure that is per- established maximum allowable oper-
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§ 192.557 49 CFR Ch. I (10–1–07 Edition)

(2) A plastic, cast iron, or ductile (c) After complying with paragraph
iron pipeline segment to an operating (b) of this section, the increase in max-
pressure that is above the previously imum allowable operating pressure
established maximum allowable oper- must be made in increments that are
ating pressure. equal to 10 p.s.i. (69 kPa) gage or 25 per-
(b) Before increasing operating pres- cent of the total pressure increase,
sure above the previously established whichever produces the fewer number
maximum allowable operating pres- of increments. Whenever the require-
sure, the operator shall: ments of paragraph (b)(6) of this sec-
(1) Review the design, operating, and tion apply, there must be at least two
maintenance history of the segment of approximately equal incremental in-
pipeline; creases.
(2) Make a leakage survey (if it has (d) If records for cast iron or ductile
been more than 1 year since the last iron pipeline facilities are not com-
survey) and repair any leaks that are plete enough to determine stresses pro-
found, except that a leak determined duced by internal pressure, trench
not to be potentially hazardous need loading, rolling loads, beam stresses,
not be repaired, if it is monitored dur- and other bending loads, in evaluating
ing the pressure increase and it does the level of safety of the pipeline when
operating at the proposed increased
not become potentially hazardous;
pressure, the following procedures
(3) Make any repairs, replacements,
must be followed:
or alterations in the segment of pipe-
(1) In estimating the stresses, if the
line that are necessary for safe oper- original laying conditions cannot be
ation at the increased pressure; ascertained, the operator shall assume
(4) Reinforce or anchor offsets, bends that cast iron pipe was supported on
and dead ends in pipe joined by com- blocks with tamped backfill and that
pression couplings or bell and spigot ductile iron pipe was laid without
joints to prevent failure of the pipe blocks with tamped backfill.
joint, if the offset, bend, or dead end is (2) Unless the actual maximum cover
exposed in an excavation; depth is known, the operator shall
(5) Isolate the segment of pipeline in measure the actual cover in at least
which the pressure is to be increased three places where the cover is most
from any adjacent segment that will likely to be greatest and shall use the
continue to be operated at a lower greatest cover measured.
pressure; and (3) Unless the actual nominal wall
(6) If the pressure in mains or service thickness is known, the operator shall
lines, or both, is to be higher than the determine the wall thickness by cut-
pressure delivered to the customer, in- ting and measuring coupons from at
stall a service regulator on each serv- least three separate pipe lengths. The
ice line and test each regulator to de- coupons must be cut from pipe lengths
termine that it is functioning. Pressure in areas where the cover depth is most
may be increased as necessary to test likely to be the greatest. The average
each regulator, after a regulator has of all measurements taken must be in-
been installed on each pipeline subject creased by the allowance indicated in
to the increased pressure. the following table:
Allowance inches (millimeters)

Cast iron pipe


Pipe size inches (millimeters)
Ductile iron pipe
Centrifugally cast
Pit cast pipe pipe

3 to 8 (76 to 203) ............................................................................ 0.075 (1.91) 0.065 (1.65) 0.065 (1.65)


10 to 12 (254 to 305) ...................................................................... 0.08 (2.03) 0.07 (1.78) 0.07 (1.78)
14 to 24 (356 to 610) ...................................................................... 0.08 (2.03) 0.08 (2.03) 0.075 (1.91)
30 to 42 (762 to 1067) .................................................................... 0.09 (2.29) 0.09 (2.29) 0.075 (1.91)
48 (1219) ......................................................................................... 0.09 (2.29) 0.09 (2.29) 0.08 (2.03)
54 to 60 (1372 to 1524) .................................................................. 0.09 (2.29) .............................. ..............................
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.605

(4) For cast iron pipe, unless the pipe system commence. Appropriate parts
manufacturing process is known, the of the manual must be kept at loca-
operator shall assume that the pipe is tions where operations and mainte-
pit cast pipe with a bursting tensile nance activities are conducted.
strength of 11,000 p.s.i. (76 MPa) gage (b) Maintenance and normal oper-
and a modulus of rupture of 31,000 p.s.i. ations. The manual required by para-
(214 MPa) gage. graph (a) of this section must include
[35 FR 13257, Aug. 19, 1970, as amended by procedures for the following, if applica-
Amdt. 192–37, 46 FR 10160, Feb. 2, 1981; Amdt. ble, to provide safety during mainte-
192–62, 54 FR 5628, Feb. 6, 1989; Amdt. 195–85, nance and operations.
63 FR 37504, July 13, 1998] (1) Operating, maintaining, and re-
pairing the pipeline in accordance with
Subpart L—Operations each of the requirements of this sub-
part and subpart M of this part.
§ 192.601 Scope. (2) Controlling corrosion in accord-
This subpart prescribes minimum re- ance with the operations and mainte-
quirements for the operation of pipe- nance requirements of subpart I of this
line facilities. part.
(3) Making construction records,
§ 192.603 General provisions. maps, and operating history available
(a) No person may operate a segment to appropriate operating personnel.
of pipeline unless it is operated in ac- (4) Gathering of data needed for re-
cordance with this subpart. porting incidents under Part 191 of this
(b) Each operator shall keep records chapter in a timely and effective man-
necessary to administer the procedures ner.
established under § 192.605. (5) Starting up and shutting down
(c) The Administrator or the State any part of the pipeline in a manner
Agency that has submitted a current designed to assure operation within the
certification under the pipeline safety MAOP limits prescribed by this part,
laws, (49 U.S.C. 60101 et seq.) with re- plus the build-up allowed for operation
spect to the pipeline facility governed of pressure-limiting and control de-
by an operator’s plans and procedures vices.
may, after notice and opportunity for (6) Maintaining compressor stations,
hearing as provided in 49 CFR 190.237 or including provisions for isolating units
the relevant State procedures, require or sections of pipe and for purging be-
the operator to amend its plans and fore returning to service.
procedures as necessary to provide a (7) Starting, operating and shutting
reasonable level of safety. down gas compressor units.
(8) Periodically reviewing the work
[35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–66, 56 FR 31090, July 9, 1991; Amdt.
done by operator personnel to deter-
192–71, 59 FR 6584, Feb. 11, 1994; Amdt. 192–75, mine the effectiveness, and adequacy of
61 FR 18517, Apr. 26, 1996] the procedures used in normal oper-
ation and maintenance and modifying
§ 192.605 Procedural manual for oper- the procedures when deficiencies are
ations, maintenance, and emer- found.
gencies. (9) Taking adequate precautions in
(a) General. Each operator shall pre- excavated trenches to protect per-
pare and follow for each pipeline, a sonnel from the hazards of unsafe accu-
manual of written procedures for con- mulations of vapor or gas, and making
ducting operations and maintenance available when needed at the exca-
activities and for emergency response. vation, emergency rescue equipment,
For transmission lines, the manual including a breathing apparatus and, a
must also include procedures for han- rescue harness and line.
dling abnormal operations. This man- (10) Systematic and routine testing
ual must be reviewed and updated by and inspection of pipe-type or bottle-
the operator at intervals not exceeding type holders including—
15 months, but at least once each cal- (i) Provision for detecting external
endar year. This manual must be pre- corrosion before the strength of the
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§ 192.607 49 CFR Ch. I (10–1–07 Edition)

(ii) Periodic sampling and testing of operation and maintenance activities


gas in storage to determine the dew to recognize conditions that poten-
point of vapors contained in the stored tially may be safety-related conditions
gas which, if condensed, might cause that are subject to the reporting re-
internal corrosion or interfere with the quirements of § 191.23 of this sub-
safe operation of the storage plant; and chapter.
(iii) Periodic inspection and testing (e) Surveillance, emergency response,
of pressure limiting equipment to de- and accident investigation. The proce-
termine that it is in safe operating dures required by §§ 192.613(a), 192.615,
condition and has adequate capacity. and 192.617 must be included in the
(11) Responding promptly to a report
manual required by paragraph (a) of
of a gas odor inside or near a building,
this section.
unless the operator’s emergency proce-
dures under § 192.615(a)(3) specifically [Amdt. 192–71, 59 FR 6584, Feb. 11, 1994, as
apply to these reports. amended by Amdt. 192–71A, 60 FR 14381, Mar.
(c) Abnormal operation. For trans- 17, 1995; Amdt. 192–93, 68 FR 53901, Sept. 15,
mission lines, the manual required by 2003]
paragraph (a) of this section must in-
clude procedures for the following to § 192.607 [Reserved]
provide safety when operating design
limits have been exceeded: § 192.609 Change in class location: Re-
quired study.
(1) Responding to, investigating, and
correcting the cause of: Whenever an increase in population
(i) Unintended closure of valves or density indicates a change in class lo-
shutdowns; cation for a segment of an existing
(ii) Increase or decrease in pressure steel pipeline operating at hoop stress
or flow rate outside normal operating that is more than 40 percent of SMYS,
limits; or indicates that the hoop stress cor-
(iii) Loss of communications; responding to the established max-
(iv) Operation of any safety device; imum allowable operating pressure for
and a segment of existing pipeline is not
(v) Any other foreseeable malfunc- commensurate with the present class
tion of a component, deviation from location, the operator shall imme-
normal operation, or personnel error,
diately make a study to determine:
which may result in a hazard to per-
(a) The present class location for the
sons or property.
(2) Checking variations from normal segment involved.
operation after abnormal operation has (b) The design, construction, and
ended at sufficient critical locations in testing procedures followed in the
the system to determine continued in- original construction, and a compari-
tegrity and safe operation. son of these procedures with those re-
(3) Notifying responsible operator quired for the present class location by
personnel when notice of an abnormal the applicable provisions of this part.
operation is received. (c) The physical condition of the seg-
(4) Periodically reviewing the re- ment to the extent it can be
sponse of operator personnel to deter- ascertained from available records;
mine the effectiveness of the proce- (d) The operating and maintenance
dures controlling abnormal operation history of the segment;
and taking corrective action where de- (e) The maximum actual operating
ficiencies are found. pressure and the corresponding oper-
(5) The requirements of this para- ating hoop stress, taking pressure gra-
graph (c) do not apply to natural gas dient into account, for the segment of
distribution operators that are oper-
pipeline involved; and
ating transmission lines in connection
(f) The actual area affected by the
with their distribution system.
(d) Safety-related condition reports. population density increase, and phys-
The manual required by paragraph (a) ical barriers or other factors which
of this section must include instruc- may limit further expansion of the
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.612

§ 192.611 Change in class location: (c) Confirmation or revision of the


Confirmation or revision of max- maximum allowable operating pressure
imum allowable operating pressure. of a segment of pipeline in accordance
(a) If the hoop stress corresponding with this section does not preclude the
to the established maximum allowable application of §§ 192.553 and 192.555.
operating pressure of a segment of (d) Confirmation or revision of the
pipeline is not commensurate with the maximum allowable operating pressure
present class location, and the segment that is required as a result of a study
is in satisfactory physical condition, under § 192.609 must be completed with-
the maximum allowable operating in 24 months of the change in class lo-
pressure of that segment of pipeline cation. Pressure reduction under para-
must be confirmed or revised according graph (a) (1) or (2) of this section with-
to one of the following requirements: in the 24-month period does not pre-
(1) If the segment involved has been clude establishing a maximum allow-
previously tested in place for a period able operating pressure under para-
of not less than 8 hours, the maximum graph (a)(3) of this section at a later
allowable operating pressure is 0.8 date.
times the test pressure in Class 2 loca- [Amdt. 192–63A, 54 FR 24174, June 6, 1989 as
tions, 0.667 times the test pressure in amended by Amdt. 192–78, 61 FR 28785, June
Class 3 locations, or 0.555 times the test 6, 1996; Amdt. 192–94, 69 FR 32895, June 14,
pressure in Class 4 locations. The cor- 2004]
responding hoop stress may not exceed
72 percent of the SMYS of the pipe in § 192.612 Underwater inspection and
Class 2 locations, 60 percent of SMYS reburial of pipelines in the Gulf of
in Class 3 locations, or 50 percent of Mexico and its inlets.
SMYS in Class 4 locations. (a) Each operator shall prepare and
(2) The maximum allowable oper- follow a procedure to identify its pipe-
ating pressure of the segment involved lines in the Gulf of Mexico and its in-
must be reduced so that the cor- lets in waters less than 15 feet (4.6 me-
responding hoop stress is not more ters) deep as measured from mean low
than that allowed by this part for new water that are at risk of being an ex-
segments of pipelines in the existing posed underwater pipeline or a hazard
class location. to navigation. The procedures must be
(3) The segment involved must be in effect August 10, 2005.
tested in accordance with the applica- (b) Each operator shall conduct ap-
ble requirements of subpart J of this propriate periodic underwater inspec-
part, and its maximum allowable oper- tions of its pipelines in the Gulf of
ating pressure must then be estab- Mexico and its inlets in waters less
lished according to the following cri- than 15 feet (4.6 meters) deep as meas-
teria: ured from mean low water based on the
(i) The maximum allowable operating identified risk.
pressure after the requalification test (c) If an operator discovers that its
is 0.8 times the test pressure for Class pipeline is an exposed underwater pipe-
2 locations, 0.667 times the test pres- line or poses a hazard to navigation,
sure for Class 3 locations, and 0.555 the operator shall—
times the test pressure for Class 4 loca- (1) Promptly, but not later than 24
tions. hours after discovery, notify the Na-
(ii) The corresponding hoop stress tional Response Center, telephone: 1–
may not exceed 72 percent of the SMYS 800–424–8802, of the location and, if
of the pipe in Class 2 locations, 60 per- available, the geographic coordinates
cent of SMYS in Class 3 locations, or 50 of that pipeline.
percent of SMYS in Class 4 locations. (2) Promptly, but not later than 7
(b) The maximum allowable oper- days after discovery, mark the location
ating pressure confirmed or revised in of the pipeline in accordance with 33
accordance with this section, may not CFR part 64 at the ends of the pipeline
exceed the maximum allowable oper- segment and at intervals of not over
ating pressure established before the 500 yards (457 meters) long, except that
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§ 192.613 49 CFR Ch. I (10–1–07 Edition)

(183 meters) long need only be marked (b) An operator may comply with any
at the center; and of the requirements of paragraph (c) of
(3) Within 6 months after discovery, this section through participation in a
or not later than November 1 of the fol- public service program, such as a one-
lowing year if the 6 month period is call system, but such participation
later than November 1 of the year of does not relieve the operator of respon-
discovery, bury the pipeline so that the sibility for compliance with this sec-
top of the pipe is 36 inches (914 milli- tion. However, an operator must per-
meters) below the underwater natural form the duties of paragraph (c)(3) of
bottom (as determined by recognized this section through participation in a
and generally accepted practices) for
one-call system, if that one-call system
normal excavation or 18 inches (457
is a qualified one-call system. In areas
millimeters) for rock excavation.
(i) An operator may employ engi- that are covered by more than one
neered alternatives to burial that meet qualified one-call system, an operator
or exceed the level of protection pro- need only join one of the qualified one-
vided by burial. call systems if there is a central tele-
(ii) If an operator cannot obtain re- phone number for excavators to call for
quired state or Federal permits in time excavation activities, or if the one-call
to comply with this section, it must systems in those areas communicate
notify OPS; specify whether the re- with one another. An operator’s pipe-
quired permit is State or Federal; and, line system must be covered by a quali-
justify the delay. fied one-call system where there is one
in place. For the purpose of this sec-
[Amdt. 192–98, 69 FR 48406, Aug. 10, 2004]
tion, a one-call system is considered a
§ 192.613 Continuing surveillance. ‘‘qualified one-call system’’ if it meets
the requirements of section (b)(1) or
(a) Each operator shall have a proce-
(b)(2) of this section.
dure for continuing surveillance of its
facilities to determine and take appro- (1) The state has adopted a one-call
priate action concerning changes in damage prevention program under
class location, failures, leakage his- § 198.37 of this chapter; or
tory, corrosion, substantial changes in (2) The one-call system:
cathodic protection requirements, and (i) Is operated in accordance with
other unusual operating and mainte- § 198.39 of this chapter;
nance conditions. (ii) Provides a pipeline operator an
(b) If a segment of pipeline is deter- opportunity similar to a voluntary par-
mined to be in unsatisfactory condition ticipant to have a part in management
but no immediate hazard exists, the op- responsibilities; and
erator shall initiate a program to re- (iii) Assesses a participating pipeline
condition or phase out the segment in- operator a fee that is proportionate to
volved, or, if the segment cannot be re- the costs of the one-call system’s cov-
conditioned or phased out, reduce the erage of the operator’s pipeline.
maximum allowable operating pressure
(c) The damage prevention program
in accordance with § 192.619 (a) and (b).
required by paragraph (a) of this sec-
§ 192.614 Damage prevention program. tion must, at a minimum:
(1) Include the identity, on a current
(a) Except as provided in paragraphs
(d) and (e) of this section, each oper- basis, of persons who normally engage
ator of a buried pipeline must carry in excavation activities in the area in
out, in accordance with this section, a which the pipeline is located.
written program to prevent damage to (2) Provides for notification of the
that pipeline from excavation activi- public in the vicinity of the pipeline
ties. For the purposes of this section, and actual notification of the persons
the term ‘‘excavation activities’’ in- identified in paragraph (c)(1) of this
cludes excavation, blasting, boring, section of the following as often as
tunneling, backfilling, the removal of needed to make them aware of the
aboveground structures by either ex- damage prevention program:
plosive or mechanical means, and other (i) The program’s existence and pur-
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.615

(ii) How to learn the location of un- emergency. At a minimum, the proce-
derground pipelines before excavation dures must provide for the following:
activities are begun. (1) Receiving, identifying, and
(3) Provide a means of receiving and classifying notices of events which re-
recording notification of planned exca- quire immediate response by the oper-
vation activities. ator.
(4) If the operator has buried pipe- (2) Establishing and maintaining ade-
lines in the area of excavation activity, quate means of communication with
provide for actual notification of per- appropriate fire, police, and other pub-
sons who give notice of their intent to lic officials.
excavate of the type of temporary (3) Prompt and effective response to a
marking to be provided and how to notice of each type of emergency, in-
identify the markings. cluding the following:
(5) Provide for temporary marking of (i) Gas detected inside or near a
buried pipelines in the area of exca- building.
vation activity before, as far as prac- (ii) Fire located near or directly in-
tical, the activity begins. volving a pipeline facility.
(6) Provide as follows for inspection (iii) Explosion occurring near or di-
of pipelines that an operator has rea- rectly involving a pipeline facility.
son to believe could be damaged by ex-
(iv) Natural disaster.
cavation activities:
(4) The availability of personnel,
(i) The inspection must be done as
equipment, tools, and materials, as
frequently as necessary during and
needed at the scene of an emergency.
after the activities to verify the integ-
rity of the pipeline; and (5) Actions directed toward pro-
(ii) In the case of blasting, any in- tecting people first and then property.
spection must include leakage surveys. (6) Emergency shutdown and pressure
(d) A damage prevention program reduction in any section of the opera-
under this section is not required for tor’s pipeline system necessary to min-
the following pipelines: imize hazards to life or property.
(1) Pipelines located offshore. (7) Making safe any actual or poten-
(2) Pipelines, other than those lo- tial hazard to life or property.
cated offshore, in Class 1 or 2 locations (8) Notifying appropriate fire, police,
until September 20, 1995. and other public officials of gas pipe-
(3) Pipelines to which access is phys- line emergencies and coordinating with
ically controlled by the operator. them both planned responses and ac-
(e) Pipelines operated by persons tual responses during an emergency.
other than municipalities (including (9) Safely restoring any service out-
operators of master meters) whose pri- age.
mary activity does not include the (10) Beginning action under § 192.617,
transportation of gas need not comply if applicable, as soon after the end of
with the following: the emergency as possible.
(1) The requirement of paragraph (a) (b) Each operator shall:
of this section that the damage preven- (1) Furnish its supervisors who are
tion program be written; and responsible for emergency action a
(2) The requirements of paragraphs copy of that portion of the latest edi-
(c)(1) and (c)(2) of this section. tion of the emergency procedures es-
tablished under paragraph (a) of this
[Amdt. 192–40, 47 FR 13824, Apr. 1, 1982, as
section as necessary for compliance
amended by Amdt. 192–57, 52 FR 32800, Aug.
31, 1987; Amdt. 192–73, 60 FR 14650, Mar. 20, with those procedures.
1995; Amdt. 192–78, 61 FR 28785, June 6, 1996; (2) Train the appropriate operating
Amdt.192–82, 62 FR 61699, Nov. 19, 1997; Amdt. personnel to assure that they are
192–84, 63 FR 38758, July 20, 1998] knowledgeable of the emergency proce-
dures and verify that the training is ef-
§ 192.615 Emergency plans. fective.
(a) Each operator shall establish (3) Review employee activities to de-
written procedures to minimize the termine whether the procedures were
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hazard resulting from a gas pipeline effectively followed in each emergency.

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§ 192.616 49 CFR Ch. I (10–1–07 Edition)

(c) Each operator shall establish and (5) Procedures for reporting such an
maintain liaison with appropriate fire, event.
police, and other public officials to: (e) The program must include activi-
(1) Learn the responsibility and re- ties to advise affected municipalities,
sources of each government organiza- school districts, businesses, and resi-
tion that may respond to a gas pipeline dents of pipeline facility locations.
emergency; (f) The program and the media used
(2) Acquaint the officials with the op- must be as comprehensive as necessary
erator’s ability in responding to a gas to reach all areas in which the operator
pipeline emergency; transports gas.
(3) Identify the types of gas pipeline (g) The program must be conducted
emergencies of which the operator no- in English and in other languages com-
tifies the officials; and monly understood by a significant
(4) Plan how the operator and offi- number and concentration of the non-
cials can engage in mutual assistance English speaking population in the op-
to minimize hazards to life or property. erator’s area.
(h) Operators in existence on June 20,
[Amdt. 192–24, 41 FR 13587, Mar. 31, 1976, as
amended by Amdt. 192–71, 59 FR 6585, Feb. 11, 2005, must have completed their writ-
1994] ten programs no later than June 20,
2006. As an exception, operators of
§ 192.616 Public awareness. small propane distribution systems
(a) Each pipeline operator must de- having less than 25 customers and mas-
velop and implement a written con- ter meter operators having less than 25
tinuing public education program that customers must have completed devel-
follows the guidance provided in the opment and documentation of their
American Petroleum Institute’s (API) programs no later than June 20, 2007.
Recommended Practice (RP) 1162 (in- Upon request, operators must submit
corporated by reference, see § 192.7). their completed programs to PHMSA
(b) The operator’s program must fol- or, in the case of an intrastate pipeline
low the general program recommenda- facility operator, the appropriate State
tions of API RP 1162 and assess the agency.
unique attributes and characteristics (i) The operator’s program docu-
of the operator’s pipeline and facilities. mentation and evaluation results must
(c) The operator must follow the gen- be available for periodic review by ap-
eral program recommendations, includ- propriate regulatory agencies.
ing baseline and supplemental require- [Amdt. 192–100, 70 FR 28842, May 19, 2005; 70
ments of API RP 1162, unless the oper- FR 35041, June 16, 2005]
ator provides justification in its pro-
gram or procedural manual as to why § 192.617 Investigation of failures.
compliance with all or certain provi- Each operator shall establish proce-
sions of the recommended practice is dures for analyzing accidents and fail-
not practicable and not necessary for ures, including the selection of samples
safety. of the failed facility or equipment for
(d) The operator’s program must spe- laboratory examination, where appro-
cifically include provisions to educate priate, for the purpose of determining
the public, appropriate government or- the causes of the failure and mini-
ganizations, and persons engaged in ex- mizing the possibility of a recurrence.
cavation related activities on:
(1) Use of a one-call notification sys- § 192.619 Maximum allowable oper-
tem prior to excavation and other dam- ating pressure: Steel or plastic pipe-
age prevention activities; lines.
(2) Possible hazards associated with (a) Except as provided in paragraph
unintended releases from a gas pipeline (c) of this section, no person may oper-
facility; ate a segment of steel or plastic pipe-
(3) Physical indications that such a line at a pressure that exceeds the low-
release may have occurred; est of the following:
(4) Steps that should be taken for (1) The design pressure of the weak-
public safety in the event of a gas pipe- est element in the segment, deter-
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.621

and D of this part. However, for steel mined in accordance with the following
pipe in pipelines being converted under table:
§ 192.14 or uprated under subpart K of
Factors 1, segment—
this part, if any variable necessary to
determine the design pressure under Class location Installed Installed Converted
before
the design formula (§ 192.105) is un- (Nov. 12, after (Nov. under
11, 1970) § 192.14
known, one of the following pressures 1970)
is to be used as design pressure:
1 ............................... 1.1 1.1 1.25
(i) Eighty percent of the first test 2 ............................... 1.25 1.25 1.25
pressure that produces yield under sec- 3 ............................... 1.4 1.5 1.5
tion N5 of Appendix N of ASME B31.8 4 ............................... 1.4 1.5 1.5
(incorporated by reference, see § 192.7), 1 For offshore segments installed, uprated or converted after

reduced by the appropriate factor in July 31, 1977, that are not located on an offshore platform,
the factor is 1.25. For segments installed, uprated or con-
paragraph (a)(2)(ii) of this section; or verted after July 31, 1977, that are located on an offshore
(ii) If the pipe is 123⁄4 inches (324 mm) platform or on a platform in inland navigable waters, including
a pipe riser, the factor is 1.5.
or less in outside diameter and is not
tested to yield under this paragraph, (3) The highest actual operating pres-
200 p.s.i. (1379 kPa). sure to which the segment was sub-
(2) The pressure obtained by dividing jected during the 5 years preceding the
the pressure to which the segment was applicable date in the second column.
tested after construction as follows: This pressure restriction applies unless
(i) For plastic pipe in all locations, the segment was tested according to
the test pressure is divided by a factor the requirements in paragraph (a)(2) of
of 1.5. this section after the applicable date in
(ii) For steel pipe operated at 100 the third column or the segment was
p.s.i. (689 kPa) gage or more, the test uprated according to the requirements
pressure is divided by a factor deter- in subpart K of this part:
Pipeline segment Pressure date Test date

—Onshore gathering line that first be- March 15, 2006, or date line becomes 5 years preceding applicable date in sec-
came subject to this part (other than subject to this part, whichever is later. ond column.
§ 192.612) after April 13, 2006.
—Onshore transmission line that was a
gathering line not subject to this part
before March 15, 2006.
Offshore gathering lines ........................... July 1, 1976 ............................................. July 1, 1971.
All other pipelines ..................................... July 1, 1970 ............................................. July 1, 1965.

(4) The pressure determined by the was subjected during the 5 years pre-
operator to be the maximum safe pres- ceding the applicable date in the sec-
sure after considering the history of ond column of the table in paragraph
the segment, particularly known corro- (a)(3) of this section. An operator must
sion and the actual operating pressure. still comply with § 192.611.
(b) No person may operate a segment
[35 FR 13257, Aug. 19, 1970]
to which paragraph (a)(4) of this sec-
tion is applicable, unless over-pressure EDITORIAL NOTE: For FEDERAL REGISTER ci-
protective devices are installed on the tations affecting § 192.619, see the List of CFR
segment in a manner that will prevent Sections Affected, which appears in the
the maximum allowable operating Finding Aids section of the printed volume
pressure from being exceeded, in ac- and on GPO Access.
cordance with § 192.195.
§ 192.621 Maximum allowable oper-
(c) The requirements on pressure re- ating pressure: High-pressure dis-
strictions in this section do not apply tribution systems.
in the following instance. An operator
may operate a segment of pipeline (a) No person may operate a segment
found to be in satisfactory condition, of a high pressure distribution system
considering its operating and mainte- at a pressure that exceeds the lowest of
nance history, at the highest actual op- the following pressures, as applicable:
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§ 192.623 49 CFR Ch. I (10–1–07 Edition)

(1) The design pressure of the weak- detectable by a person with a normal
est element in the segment, deter- sense of smell.
mined in accordance with subparts C (b) After December 31, 1976, a com-
and D of this part. bustible gas in a transmission line in a
(2) 60 p.s.i. (414 kPa) gage, for a seg- Class 3 or Class 4 location must comply
ment of a distribution system other- with the requirements of paragraph (a)
wise designed to operate at over 60 of this section unless:
p.s.i. (414 kPa) gage, unless the service (1) At least 50 percent of the length of
lines in the segment are equipped with the line downstream from that location
service regulators or other pressure is in a Class 1 or Class 2 location;
limiting devices in series that meet the (2) The line transports gas to any of
requirements of § 192.197(c). the following facilities which received
(3) 25 p.s.i. (172 kPa) gage in segments gas without an odorant from that line
of cast iron pipe in which there are before May 5, 1975;
unreinforced bell and spigot joints. (i) An underground storage field;
(4) The pressure limits to which a (ii) A gas processing plant;
joint could be subjected without the (iii) A gas dehydration plant; or
possibility of its parting.
(iv) An industrial plant using gas in a
(5) The pressure determined by the
process where the presence of an odor-
operator to be the maximum safe pres-
ant:
sure after considering the history of
the segment, particularly known corro- (A) Makes the end product unfit for
sion and the actual operating pres- the purpose for which it is intended;
sures. (B) Reduces the activity of a cata-
(b) No person may operate a segment lyst; or
of pipeline to which paragraph (a)(5) of (C) Reduces the percentage comple-
this section applies, unless over- tion of a chemical reaction;
pressure protective devices are in- (3) In the case of a lateral line which
stalled on the segment in a manner transports gas to a distribution center,
that will prevent the maximum allow- at least 50 percent of the length of that
able operating pressure from being ex- line is in a Class 1 or Class 2 location;
ceeded, in accordance with § 192.195. or
(4) The combustible gas is hydrogen
[35 FR 13257, Aug. 19, 1970, as amended by
Amdt 192–85, 63 FR 37504, July 13, 1998]
intended for use as a feedstock in a
manufacturing process.
§ 192.623 Maximum and minimum al- (c) In the concentrations in which it
lowable operating pressure; Low- is used, the odorant in combustible
pressure distribution systems. gases must comply with the following:
(a) No person may operate a low-pres- (1) The odorant may not be delete-
sure distribution system at a pressure rious to persons, materials, or pipe.
high enough to make unsafe the oper- (2) The products of combustion from
ation of any connected and properly the odorant may not be toxic when
adjusted low-pressure gas burning breathed nor may they be corrosive or
equipment. harmful to those materials to which
(b) No person may operate a low pres- the products of combustion will be ex-
sure distribution system at a pressure posed.
lower than the minimum pressure at (d) The odorant may not be soluble in
which the safe and continuing oper- water to an extent greater than 2.5
ation of any connected and properly parts to 100 parts by weight.
adjusted low-pressure gas burning (e) Equipment for odorization must
equipment can be assured. introduce the odorant without wide
variations in the level of odorant.
§ 192.625 Odorization of gas. (f) To assure the proper concentra-
(a) A combustible gas in a distribu- tion of odorant in accordance with this
tion line must contain a natural odor- section, each operator must conduct
ant or be odorized so that at a con- periodic sampling of combustible gases
centration in air of one-fifth of the using an instrument capable of deter-
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.706

which the odor becomes readily detect- (c) Hazardous leaks must be repaired
able. Operators of master meter sys- promptly.
tems may comply with this require-
ment by— § 192.705 Transmission lines: Patrol-
(1) Receiving written verification ling.
from their gas source that the gas has (a) Each operator shall have a patrol
the proper concentration of odorant; program to observe surface conditions
and on and adjacent to the transmission
(2) Conducting periodic ‘‘sniff’’ tests line right-of-way for indications of
at the extremities of the system to leaks, construction activity, and other
confirm that the gas contains odorant.
factors affecting safety and operation.
[35 FR 13257, Aug. 19, 1970] (b) The frequency of patrols is deter-
EDITORIAL NOTE: For FEDERAL REGISTER ci- mined by the size of the line, the oper-
tations affecting § 192.625, see the List of CFR ating pressures, the class location, ter-
Sections Affected, which appears in the rain, weather, and other relevant fac-
Finding Aids section of the printed volume tors, but intervals between patrols may
and on GPO Access.
not be longer than prescribed in the
§ 192.627 Tapping pipelines under following table:
pressure. Maximum interval between patrols
Each tap made on a pipeline under Class loca- At highway and rail-
pressure must be performed by a crew At all other places
tion of line road crossings
qualified to make hot taps.
1, 2 ........... 71⁄2 months; but at 15 months; but at
least twice each cal- least once each cal-
§ 192.629 Purging of pipelines. endar year. endar year.
(a) When a pipeline is being purged of 3 ................ 4 ⁄2 months; but at
1 7 ⁄2 months; but at
1

air by use of gas, the gas must be re- least four times least twice each cal-
each calendar year. endar year.
leased into one end of the line in a 4 ................ 41⁄2 months; but at 41⁄2 months; but at
moderately rapid and continuous flow. least four times least four times
If gas cannot be supplied in sufficient each calendar year. each calendar year.
quantity to prevent the formation of a
hazardous mixture of gas and air, a (c) Methods of patrolling include
slug of inert gas must be released into walking, driving, flying or other appro-
the line before the gas. priate means of traversing the right-of-
(b) When a pipeline is being purged of way.
gas by use of air, the air must be re-
[Amdt. 192–21, 40 FR 20283, May 9, 1975, as
leased into one end of the line in a
amended by Amdt. 192–43, 47 FR 46851, Oct.
moderately rapid and continuous flow.
21, 1982; Amdt. 192–78, 61 FR 28786, June 6,
If air cannot be supplied in sufficient 1996]
quantity to prevent the formation of a
hazardous mixture of gas and air, a § 192.706 Transmission lines: Leakage
slug of inert gas must be released into surveys.
the line before the air.
Leakage surveys of a transmission
line must be conducted at intervals not
Subpart M—Maintenance exceeding 15 months, but at least once
§ 192.701 Scope. each calendar year. However, in the
case of a transmission line which
This subpart prescribes minimum re-
transports gas in conformity with
quirements for maintenance of pipeline
§ 192.625 without an odor or odorant,
facilities.
leakage surveys using leak detector
§ 192.703 General. equipment must be conducted—
(a) No person may operate a segment (a) In Class 3 locations, at intervals
of pipeline, unless it is maintained in not exceeding 71⁄2 months, but at least
accordance with this subpart. twice each calendar year; and
(b) Each segment of pipeline that be-
comes unsafe must be replaced, re-
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§ 192.707 49 CFR Ch. I (10–1–07 Edition)

(b) In Class 4 locations, at intervals where the operator can be reached at


not exceeding 41⁄2 months, but at least all times.
four times each calendar year.
[Amdt. 192–20, 40 FR 13505, Mar. 27, 1975;
[Amdt. 192–21, 40 FR 20283, May 9, 1975, as Amdt. 192–27, 41 FR 39752, Sept. 16, 1976, as
amended by Amdt. 192–43, 47 FR 46851, Oct. amended by Amdt. 192–20A, 41 FR 56808, Dec.
21, 1982; Amdt. 192–71, 59 FR 6585, Feb. 11, 30, 1976; Amdt. 192–44, 48 FR 25208, June 6,
1994] 1983; Amdt. 192–73, 60 FR 14650, Mar. 20, 1995;
Amdt. 192–85, 63 FR 37504, July 13, 1998]
§ 192.707 Line markers for mains and
transmission lines. § 192.709 Transmission lines: Record
keeping.
(a) Buried pipelines. Except as pro-
vided in paragraph (b) of this section, a Each operator shall maintain the fol-
line marker must be placed and main- lowing records for transmission lines
tained as close as practical over each for the periods specified:
buried main and transmission line: (a) The date, location, and descrip-
(1) At each crossing of a public road tion of each repair made to pipe (in-
and railroad; and cluding pipe-to-pipe connections) must
(2) Wherever necessary to identify be retained for as long as the pipe re-
the location of the transmission line or mains in service.
main to reduce the possibility of dam- (b) The date, location, and descrip-
age or interference. tion of each repair made to parts of the
pipeline system other than pipe must
(b) Exceptions for buried pipelines. Line
be retained for at least 5 years. How-
markers are not required for the fol-
ever, repairs generated by patrols, sur-
lowing pipelines:
veys, inspections, or tests required by
(1) Mains and transmission lines lo- subparts L and M of this part must be
cated offshore, or at crossings of or retained in accordance with paragraph
under waterways and other bodies of (c) of this section.
water. (c) A record of each patrol, survey,
(2) Mains in Class 3 or Class 4 loca- inspection, and test required by sub-
tions where a damage prevention pro- parts L and M of this part must be re-
gram is in effect under § 192.614. tained for at least 5 years or until the
(3) Transmission lines in Class 3 or 4 next patrol, survey, inspection, or test
locations until March 20, 1996. is completed, whichever is longer.
(4) Transmission lines in Class 3 or 4
locations where placement of a line [Amdt. 192–78, 61 FR 28786, June 6, 1996]
marker is impractical. § 192.711 Transmission lines: General
(c) Pipelines aboveground. Line mark- requirements for repair procedures.
ers must be placed and maintained
along each section of a main and trans- (a) Each operator shall take imme-
mission line that is located above- diate temporary measures to protect
the public whenever:
ground in an area accessible to the
public. (1) A leak, imperfection, or damage
that impairs its serviceability is found
(d) Marker warning. The following
in a segment of steel transmission line
must be written legibly on a back-
operating at or above 40 percent of the
ground of sharply contrasting color on
SMYS; and
each line marker:
(2) It is not feasible to make a perma-
(1) The word ‘‘Warning,’’ ‘‘Caution,’’
nent repair at the time of discovery.
or ‘‘Danger’’ followed by the words
‘‘Gas (or name of gas transported) As soon as feasible, the operator shall
Pipeline’’ all of which, except for make permanent repairs.
markers in heavily developed urban (b) Except as provided in
areas, must be in letters at least 1 inch § 192.717(b)(3), no operator may use a
(25 millimeters) high with 1⁄4 inch (6.4 welded patch as a means of repair.
millimeters) stroke. [35 FR 13257, Aug. 19, 1970, as amended by
(2) The name of the operator and the Amdt. 192–27B, 45 FR 3272, Jan. 17, 1980;
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telephone number (including area code) Amdt. 192–88, 64 FR 69665, Dec. 14, 1999]

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.721

§ 192.713 Transmission lines: Perma- (1) Install a full encirclement welded


nent field repair of imperfections split sleeve of appropriate design, un-
and damages. less the transmission line is joined by
(a) Each imperfection or damage that mechanical couplings and operates at
impairs the serviceability of pipe in a less than 40 percent of SMYS.
steel transmission line operating at or (2) If the leak is due to a corrosion
above 40 percent of SMYS must be— pit, install a properly designed bolt-on-
(1) Removed by cutting out and re- leak clamp.
placing a cylindrical piece of pipe; or (3) If the leak is due to a corrosion
(2) Repaired by a method that reli- pit and on pipe of not more than 40,000
able engineering tests and analyses psi (267 Mpa) SMYS, fillet weld over
show can permanently restore the serv- the pitted area a steel plate patch with
iceability of the pipe. rounded corners, of the same or greater
(b) Operating pressure must be at a thickness than the pipe, and not more
safe level during repair operations. than one-half of the diameter of the
pipe in size.
[Amdt. 192–88, 64 FR 69665, Dec. 14, 1999]
(4) If the leak is on a submerged off-
§ 192.715 Transmission lines: Perma- shore pipeline or submerged pipeline in
nent field repair of welds. inland navigable waters, mechanically
apply a full encirclement split sleeve of
Each weld that is unacceptable under appropriate design.
§ 192.241(c) must be repaired as follows:
(5) Apply a method that reliable engi-
(a) If it is feasible to take the seg- neering tests and analyses show can
ment of transmission line out of serv- permanently restore the serviceability
ice, the weld must be repaired in ac- of the pipe.
cordance with the applicable require-
ments of § 192.245. [Amdt. 192–88, 64 FR 69665, Dec. 14, 1999]
(b) A weld may be repaired in accord-
ance with § 192.245 while the segment of § 192.719 Transmission lines: Testing
transmission line is in service if: of repairs.
(1) The weld is not leaking; (a) Testing of replacement pipe. If a
(2) The pressure in the segment is re- segment of transmission line is re-
duced so that it does not produce a paired by cutting out the damaged por-
stress that is more than 20 percent of tion of the pipe as a cylinder, the re-
the SMYS of the pipe; and placement pipe must be tested to the
(3) Grinding of the defective area can pressure required for a new line in-
be limited so that at least 1⁄8-inch (3.2 stalled in the same location. This test
millimeters) thickness in the pipe weld may be made on the pipe before it is in-
remains. stalled.
(c) A defective weld which cannot be (b) Testing of repairs made by welding.
repaired in accordance with paragraph Each repair made by welding in accord-
(a) or (b) of this section must be re- ance with §§ 192.713, 192.715, and 192.717
paired by installing a full encirclement must be examined in accordance with
welded split sleeve of appropriate de- § 192.241.
sign.
[35 FR 13257, Aug. 19, 1970, as amended by
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192–54, 51 FR 41635, Nov. 18, 1986]
Amdt. 192–85, 63 FR 37504, July 13, 1998]
§ 192.721 Distribution systems: Patrol-
§ 192.717 Transmission lines: Perma- ling.
nent field repair of leaks. (a) The frequency of patrolling mains
Each permanent field repair of a leak must be determined by the severity of
on a transmission line must be made the conditions which could cause fail-
by— ure or leakage, and the consequent haz-
(a) Removing the leak by cutting out ards to public safety.
and replacing a cylindrical piece of (b) Mains in places or on structures
pipe; or where anticipated physical movement
(b) Repairing the leak by one of the or external loading could cause failure
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following methods: or leakage must be patrolled—

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§ 192.723 49 CFR Ch. I (10–1–07 Edition)

(1) In business districts, at intervals (b) Each service line temporarily dis-
not exceeding 41⁄2 months, but at least connected from the main must be test-
four times each calendar year; and ed from the point of disconnection to
(2) Outside business districts, at in- the service line valve in the same man-
tervals not exceeding 71⁄2 months, but ner as a new service line, before recon-
at least twice each calendar year. necting. However, if provisions are
made to maintain continuous service,
[35 FR 13257, Aug. 19, 1970, as amended by such as by installation of a bypass, any
Amdt. 192–43, 47 FR 46851, Oct. 21, 1982; Amdt.
192–78, 61 FR 28786, June 6, 1996]
part of the original service line used to
maintain continuous service need not
§ 192.723 Distribution systems: Leak- be tested.
age surveys.
§ 192.727 Abandonment or deactiva-
(a) Each operator of a distribution tion of facilities.
system shall conduct periodic leakage (a) Each operator shall conduct aban-
surveys in accordance with this sec- donment or deactivation of pipelines in
tion. accordance with the requirements of
(b) The type and scope of the leakage this section.
control program must be determined (b) Each pipeline abandoned in place
by the nature of the operations and the must be disconnected from all sources
local conditions, but it must meet the and supplies of gas; purged of gas; in
following minimum requirements: the case of offshore pipelines, filled
(1) A leakage survey with leak detec- with water or inert materials; and
tor equipment must be conducted in sealed at the ends. However, the pipe-
business districts, including tests of line need not be purged when the vol-
the atmosphere in gas, electric, tele- ume of gas is so small that there is no
phone, sewer, and water system man- potential hazard.
holes, at cracks in pavement and side- (c) Except for service lines, each in-
walks, and at other locations providing active pipeline that is not being main-
an opportunity for finding gas leaks, at tained under this part must be discon-
intervals not exceeding 15 months, but nected from all sources and supplies of
at least once each calendar year. gas; purged of gas; in the case of off-
(2) A leakage survey with leak detec- shore pipelines, filled with water or
tor equipment must be conducted out- inert materials; and sealed at the ends.
side business districts as frequently as However, the pipeline need not be
necessary, but at least once every 5 purged when the volume of gas is so
calendar years at intervals not exceed- small that there is no potential hazard.
ing 63 months. However, for cathodi- (d) Whenever service to a customer is
cally unprotected distribution lines discontinued, one of the following must
subject to § 192.465(e) on which elec- be complied with:
trical surveys for corrosion are imprac- (1) The valve that is closed to prevent
tical, a leakage survey must be con- the flow of gas to the customer must be
ducted at least once every 3 calendar provided with a locking device or other
years at intervals not exceeding 39 means designed to prevent the opening
months. of the valve by persons other than
[35 FR 13257, Aug. 19, 1970, as amended by those authorized by the operator.
Amdt. 192–43, 47 FR 46851, Oct. 21, 1982; Amdt. (2) A mechanical device or fitting
192–70, 58 FR 54528, 54529, Oct. 22, 1993; Amdt. that will prevent the flow of gas must
192–71, 59 FR 6585, Feb. 11, 1994; Amdt. 192–94, be installed in the service line or in the
69 FR 32895, June 14, 2004; Amdt. 192–94, 69 FR meter assembly.
54592, Sept. 9, 2004] (3) The customer’s piping must be
physically disconnected from the gas
§ 192.725 Test requirements for rein- supply and the open pipe ends sealed.
stating service lines. (e) If air is used for purging, the oper-
(a) Except as provided in paragraph ator shall insure that a combustible
(b) of this section, each disconnected mixture is not present after purging.
service line must be tested in the same (f) Each abandoned vault must be
manner as a new service line, before filled with a suitable compacted mate-
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.736

(g) For each abandoned offshore pipe- § 192.731 Compressor stations: Inspec-
line facility or each abandoned onshore tion and testing of relief devices.
pipeline facility that crosses over, (a) Except for rupture discs, each
under or through a commercially navi- pressure relieving device in a com-
gable waterway, the last operator of pressor station must be inspected and
that facility must file a report upon tested in accordance with §§ 192.739 and
abandonment of that facility. 192.743, and must be operated periodi-
(1) The preferred method to submit cally to determine that it opens at the
data on pipeline facilities abandoned correct set pressure.
after October 10, 2000 is to the National (b) Any defective or inadequate
Pipeline Mapping System (NPMS) in equipment found must be promptly re-
accordance with the NPMS ‘‘Standards paired or replaced.
for Pipeline and Liquefied Natural Gas (c) Each remote control shutdown de-
Operator Submissions.’’ To obtain a vice must be inspected and tested at in-
copy of the NPMS Standards, please tervals not exceeding 15 months, but at
refer to the NPMS homepage at http:// least once each calendar year, to deter-
www.npms.phmsa.dot.gov or contact the mine that it functions properly.
NPMS National Repository at 703–317–
[35 FR 13257, Aug. 19, 1970, as amended by
3073. A digital data format is preferred, Amdt. 192–43, 47 FR 46851, Oct. 21, 1982]
but hard copy submissions are accept-
able if they comply with the NPMS § 192.735 Compressor stations: Storage
Standards. In addition to the NPMS-re- of combustible materials.
quired attributes, operators must sub- (a) Flammable or combustible mate-
mit the date of abandonment, diame- rials in quantities beyond those re-
ter, method of abandonment, and cer- quired for everyday use, or other than
tification that, to the best of the oper- those normally used in compressor
ator’s knowledge, all of the reasonably buildings, must be stored a safe dis-
available information requested was tance from the compressor building.
provided and, to the best of the opera- (b) Aboveground oil or gasoline stor-
tor’s knowledge, the abandonment was age tanks must be protected in accord-
completed in accordance with applica- ance with National Fire Protection As-
ble laws. Refer to the NPMS Standards sociation Standard No. 30.
for details in preparing your data for
submission. The NPMS Standards also § 192.736 Compressor stations: Gas de-
include details of how to submit data. tection.
Alternatively, operators may submit (a) Not later than September 16, 1996,
reports by mail, fax or e-mail to the each compressor building in a com-
Pipeline and Hazardous Materials Safe- pressor station must have a fixed gas
ty Administration, U.S. Department of detection and alarm system, unless the
Transportation, Room 2103, 400 Seventh building is—
Street, SW., Washington, DC 20590; fax (1) Constructed so that at least 50
(202) 366–4566; e-mail, percent of its upright side area is per-
roger.little@dot.gov. The information in manently open; or
the report must contain all reasonably (2) Located in an unattended field
available information related to the fa- compressor station of 1,000 horsepower
cility, including information in the (746 kW) or less.
possession of a third party. The report (b) Except when shutdown of the sys-
must contain the location, size, date, tem is necessary for maintenance
method of abandonment, and a certifi- under paragraph (c) of this section,
cation that the facility has been aban- each gas detection and alarm system
doned in accordance with all applicable required by this section must—
laws. (1) Continuously monitor the com-
(2) [Reserved] pressor building for a concentration of
gas in air of not more than 25 percent
[Amdt. 192–8, 37 FR 20695, Oct. 3, 1972, as
amended by Amdt. 192–27, 41 FR 34607, Aug.
of the lower explosive limit; and
16, 1976; Amdt. 192–71, 59 FR 6585, Feb. 11, (2) If that concentration of gas is de-
1994; Amdt. 192–89, 65 FR 54443, Sept. 8, 2000; tected, warn persons about to enter the
65 FR 57861, Sept. 26, 2000; 70 FR 11139, Mar. building and persons inside the build-
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8, 2005; Amdt. 192–103, 72 FR 4656, Feb. 1, 2007] ing of the danger.

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§ 192.739 49 CFR Ch. I (10–1–07 Edition)

(c) Each gas detection and alarm sys- (b) On distribution systems supplied
tem required by this section must be by a single district pressure regulating
maintained to function properly. The station, the operator shall determine
maintenance must include performance the necessity of installing telemetering
tests. or recording gauges in the district,
[58 FR 48464, Sept. 16, 1993, as amended by taking into consideration the number
Amdt. 192–85, 63 FR 37504, July 13, 1998] of customers supplied, the operating
pressures, the capacity of the installa-
§ 192.739 Pressure limiting and regu- tion, and other operating conditions.
lating stations: Inspection and test- (c) If there are indications of abnor-
ing. mally high or low pressure, the regu-
(a) Each pressure limiting station, lator and the auxiliary equipment
relief device (except rupture discs), and must be inspected and the necessary
pressure regulating station and its measures employed to correct any un-
equipment must be subjected at inter- satisfactory operating conditions.
vals not exceeding 15 months, but at
least once each calendar year, to in- § 192.743 Pressure limiting and regu-
spections and tests to determine that lating stations: Capacity of relief
devices.
it is—
(1) In good mechanical condition; (a) Pressure relief devices at pressure
(2) Adequate from the standpoint of limiting stations and pressure regu-
capacity and reliability of operation lating stations must have sufficient ca-
for the service in which it is employed; pacity to protect the facilities to which
(3) Except as provided in paragraph they are connected. Except as provided
(b) of this section, set to control or re- in § 192.739(b), the capacity must be
lieve at the correct pressure consistent consistent with the pressure limits of
with the pressure limits of § 192.201(a); § 192.201(a). This capacity must be de-
and termined at intervals not exceeding 15
(4) Properly installed and protected months, but at least once each cal-
from dirt, liquids, or other conditions endar year, by testing the devices in
that might prevent proper operation. place or by review and calculations.
(b) For steel pipelines whose MAOP is (b) If review and calculations are
determined under § 192.619(c), if the used to determine if a device has suffi-
MAOP is 60 psi (414 kPa) gage or more, cient capacity, the calculated capacity
the control or relief pressure limit is as must be compared with the rated or ex-
follows: perimentally determined relieving ca-
pacity of the device for the conditions
If the MAOP produces a hoop
stress that is: Then the pressure limit is: under which it operates. After the ini-
tial calculations, subsequent calcula-
Greater than 72 percent of MAOP plus 4 percent. tions need not be made if the annual
SMYS.
Unknown as a percentage of A pressure that will prevent review documents that parameters
SMYS. unsafe operation of the have not changed to cause the rated or
pipeline considering its op- experimentally determined relieving
erating and maintenance
history and MAOP.
capacity to be insufficient.
(c) If a relief device is of insufficient
capacity, a new or additional device
[35 FR 13257, Aug. 19, 1970, as amended by must be installed to provide the capac-
Amdt. 192–43, 47 FR 46851, Oct. 21, 1982; Amdt.
192–93, 68 FR 53901, Sept. 15, 2003; Amdt. 192–
ity required by paragraph (a) of this
96, 69 FR 27863, May 17, 2004] section.
[Amdt. 192–93, 68 FR 53901, Sept. 15, 2003, as
§ 192.741 Pressure limiting and regu- amended by Amdt. 192–96, 69 FR 27863, May
lating stations: Telemetering or re- 17, 2004]
cording gauges.
(a) Each distribution system supplied § 192.745 Valve maintenance: Trans-
by more than one district pressure reg- mission lines.
ulating station must be equipped with (a) Each transmission line valve that
telemetering or recording pressure might be required during any emer-
gauges to indicate the gas pressure in gency must be inspected and partially
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.755

months, but at least once each cal- (a) When a hazardous amount of gas
endar year. is being vented into open air, each po-
(b) Each operator must take prompt tential source of ignition must be re-
remedial action to correct any valve moved from the area and a fire extin-
found inoperable, unless the operator guisher must be provided.
designates an alternative valve. (b) Gas or electric welding or cutting
may not be performed on pipe or on
[Amdt. 192–43, 47 FR 46851, Oct. 21, 1982, as
amended by Amdt. 192–93, 68 FR 53901, Sept.
pipe components that contain a com-
15, 2003] bustible mixture of gas and air in the
area of work.
§ 192.747 Valve maintenance: Distribu- (c) Post warning signs, where appro-
tion systems. priate.
(a) Each valve, the use of which may § 192.753 Caulked bell and spigot
be necessary for the safe operation of a joints.
distribution system, must be checked
and serviced at intervals not exceeding (a) Each cast iron caulked bell and
15 months, but at least once each cal- spigot joint that is subject to pressures
endar year. of more than 25 psi (172kPa) gage must
(b) Each operator must take prompt be sealed with:
remedial action to correct any valve (1) A mechanical leak clamp; or
found inoperable, unless the operator (2) A material or device which:
designates an alternative valve. (i) Does not reduce the flexibility of
the joint;
[Amdt. 192–43, 47 FR 46851, Oct. 21, 1982, as (ii) Permanently bonds, either chemi-
amended by Amdt. 192–93, 68 FR 53901, Sept. cally or mechanically, or both, with
15, 2003] the bell and spigot metal surfaces or
adjacent pipe metal surfaces; and
§ 192.749 Vault maintenance.
(iii) Seals and bonds in a manner that
(a) Each vault housing pressure regu- meets the strength, environmental,
lating and pressure limiting equip- and chemical compatibility require-
ment, and having a volumetric internal ments of §§ 192.53 (a) and (b) and 192.143.
content of 200 cubic feet (5.66 cubic me- (b) Each cast iron caulked bell and
ters) or more, must be inspected at in- spigot joint that is subject to pressures
tervals not exceeding 15 months, but at of 25 psi (172kPa) gage or less and is ex-
least once each calendar year, to deter- posed for any reason must be sealed by
mine that it is in good physical condi- a means other than caulking.
tion and adequately ventilated.
(b) If gas is found in the vault, the [35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–25, 41 FR 23680, June 11, 1976;
equipment in the vault must be in- Amdt. 192–85, 63 FR 37504, July 13, 1998;
spected for leaks, and any leaks found Amdt. 192–93, 68 FR 53901, Sept. 15, 2003]
must be repaired.
(c) The ventilating equipment must § 192.755 Protecting cast-iron pipe-
also be inspected to determine that it lines.
is functioning properly. When an operator has knowledge
(d) Each vault cover must be in- that the support for a segment of a
spected to assure that it does not buried cast-iron pipeline is disturbed:
present a hazard to public safety. (a) That segment of the pipeline must
[35 FR 13257, Aug. 19, 1970, as amended by be protected, as necessary, against
Amdt. 192–43, 47 FR 46851, Oct. 21, 1982; Amdt. damage during the disturbance by:
192–85, 63 FR 37504, July 13, 1998] (1) Vibrations from heavy construc-
tion equipment, trains, trucks, buses,
§ 192.751 Prevention of accidental igni- or blasting;
tion. (2) Impact forces by vehicles;
Each operator shall take steps to (3) Earth movement;
minimize the danger of accidental igni- (4) Apparent future excavations near
tion of gas in any structure or area the pipeline; or
where the presence of gas constitutes a (5) Other foreseeable outside forces
hazard of fire or explosion, including which may subject that segment of the
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§ 192.801 49 CFR Ch. I (10–1–07 Edition)

(b) As soon as feasible, appropriate (b) Recognize and react to abnormal


steps must be taken to provide perma- operating conditions.
nent protection for the disturbed seg- [Amdt. 192–86, 64 FR 46865, Aug. 27, 1999, as
ment from damage that might result amended by Amdt. 192–90, 66 FR 43523, Aug.
from external loads, including compli- 20, 2001]
ance with applicable requirements of
§§ 192.317(a), 192.319, and 192.361(b)–(d). § 192.805 Qualification program.
[Amdt. 192–23, 41 FR 13589, Mar. 31, 1976] Each operator shall have and follow a
written qualification program. The
Subpart N—Qualification of program shall include provisions to:
(a) Identify covered tasks;
Pipeline Personnel (b) Ensure through evaluation that
individuals performing covered tasks
SOURCE: Amdt. 192–86, 64 FR 46865, Aug. 27, are qualified;
1999, unless otherwise noted. (c) Allow individuals that are not
qualified pursuant to this subpart to
§ 192.801 Scope.
perform a covered task if directed and
(a) This subpart prescribes the min- observed by an individual that is quali-
imum requirements for operator quali- fied;
fication of individuals performing cov- (d) Evaluate an individual if the oper-
ered tasks on a pipeline facility. ator has reason to believe that the in-
(b) For the purpose of this subpart, a dividual’s performance of a covered
covered task is an activity, identified task contributed to an incident as de-
by the operator, that: fined in Part 191;
(1) Is performed on a pipeline facility; (e) Evaluate an individual if the oper-
(2) Is an operations or maintenance ator has reason to believe that the in-
task; dividual is no longer qualified to per-
(3) Is performed as a requirement of form a covered task;
this part; and (f) Communicate changes that affect
(4) Affects the operation or integrity covered tasks to individuals per-
of the pipeline. forming those covered tasks;
(g) Identify those covered tasks and
§ 192.803 Definitions. the intervals at which evaluation of
Abnormal operating condition means a the individual’s qualifications is need-
condition identified by the operator ed;
that may indicate a malfunction of a (h) After December 16, 2004, provide
component or deviation from normal training, as appropriate, to ensure that
operations that may: individuals performing covered tasks
(a) Indicate a condition exceeding de- have the necessary knowledge and
sign limits; or skills to perform the tasks in a manner
(b) Result in a hazard(s) to persons, that ensures the safe operation of pipe-
property, or the environment. line facilities; and
Evaluation means a process, estab- (i) After December 16, 2004, notify the
lished and documented by the operator, Administrator or a state agency par-
to determine an individual’s ability to ticipating under 49 U.S.C. Chapter 601
perform a covered task by any of the if the operator significantly modifies
following: the program after the Administrator or
(a) Written examination; state agency has verified that it com-
(b) Oral examination; plies with this section.
(c) Work performance history review; [ Amdt. 192–86, 64 FR 46865, Aug. 27, 1999, as
(d) Observation during: amended by Amdt. 192–100, 70 FR 10335, Mar.
(1) Performance on the job, 3, 2005]
(2) On the job training, or
(3) Simulations; § 192.807 Recordkeeping.
(e) Other forms of assessment. Each operator shall maintain records
Qualified means that an individual that demonstrate compliance with this
has been evaluated and can: subpart.
(a) Perform assigned covered tasks; (a) Qualification records shall in-
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.903

(1) Identification of qualified indi- §§ 192.917, 192.921, 192.935 and 192.937


vidual(s); apply.
(2) Identification of the covered tasks
the individual is qualified to perform; § 192.903 What definitions apply to this
(3) Date(s) of current qualification; subpart?
and The following definitions apply to
(4) Qualification method(s). this subpart:
(b) Records supporting an individ- Assessment is the use of testing tech-
ual’s current qualification shall be niques as allowed in this subpart to as-
maintained while the individual is per- certain the condition of a covered pipe-
forming the covered task. Records of line segment.
prior qualification and records of indi- Confirmatory direct assessment is an in-
viduals no longer performing covered tegrity assessment method using more
tasks shall be retained for a period of focused application of the principles
five years. and techniques of direct assessment to
identify internal and external corro-
§ 192.809 General. sion in a covered transmission pipeline
(a) Operators must have a written segment.
qualification program by April 27, 2001. Covered segment or covered pipeline seg-
The program must be available for re- ment means a segment of gas trans-
view by the Administrator or by a mission pipeline located in a high con-
state agency participating under 49 sequence area. The terms gas and
U.S.C. Chapter 601 if the program is transmission line are defined in § 192.3.
under the authority of that state agen- Direct assessment is an integrity as-
cy. sessment method that utilizes a proc-
(b) Operators must complete the ess to evaluate certain threats (i.e., ex-
qualification of individuals performing ternal corrosion, internal corrosion
covered tasks by October 28, 2002. and stress corrosion cracking) to a cov-
(c) Work performance history review ered pipeline segment’s integrity. The
may be used as a sole evaluation meth- process includes the gathering and in-
od for individuals who were performing tegration of risk factor data, indirect
a covered task prior to October 26, 1999. examination or analysis to identify
(d) After October 28, 2002, work per- areas of suspected corrosion, direct ex-
formance history may not be used as a amination of the pipeline in these
sole evaluation method. areas, and post assessment evaluation.
(e) After December 16, 2004, observa- High consequence area means an area
tion of on-the-job performance may not established by one of the methods de-
be used as the sole method of evalua- scribed in paragraphs (1) or (2) as fol-
tion. lows:
[Amdt. 192–86, 64 FR 46865, Aug. 27, 1999, as (1) An area defined as—
amended by Amdt. 192–90, 66 FR 43524, Aug. (i) A Class 3 location under § 192.5; or
20, 2001; Amdt. 192–100, 70 FR 10335, Mar. 3, (ii) A Class 4 location under § 192.5; or
2005] (iii) Any area in a Class 1 or Class 2
location where the potential impact ra-
Subpart O—Gas Transmission dius is greater than 660 feet (200 me-
Pipeline Integrity Management ters), and the area within a potential
impact circle contains 20 or more
SOURCE: 68 FR 69817, Dec. 15, 2003, unless buildings intended for human occu-
otherwise noted. pancy; or
(iv) Any area in a Class 1 or Class 2
§ 192.901 What do the regulations in location where the potential impact
this subpart cover? circle contains an identified site.
This subpart prescribes minimum re- (2) The area within a potential im-
quirements for an integrity manage- pact circle containing—
ment program on any gas transmission (i) 20 or more buildings intended for
pipeline covered under this part. For human occupancy, unless the exception
gas transmission pipelines constructed in paragraph (4) applies; or
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§ 192.905 49 CFR Ch. I (10–1–07 Edition)

(3) Where a potential impact circle is stores, 4-H facilities, or roller skating
calculated under either method (1) or rinks; or
(2) to establish a high consequence (c) A facility occupied by persons
area, the length of the high con- who are confined, are of impaired mo-
sequence area extends axially along bility, or would be difficult to evac-
the length of the pipeline from the out- uate. Examples include but are not
ermost edge of the first potential im- limited to hospitals, prisons, schools,
pact circle that contains either an day-care facilities, retirement facili-
identified site or 20 or more buildings ties or assisted-living facilities.
intended for human occupancy to the Potential impact circle is a circle of ra-
outermost edge of the last contiguous dius equal to the potential impact ra-
potential impact circle that contains dius (PIR).
either an identified site or 20 or more Potential impact radius (PIR) means
buildings intended for human occu- the radius of a circle within which the
pancy. (See figure E.I.A. in appendix potential failure of a pipeline could
E.) have significant impact on people or
(4) If in identifying a high con- property. PIR is determined by the for-
sequence area under paragraph (1)(iii) mula r = 0.69* (square root of (p*d 2)),
of this definition or paragraph (2)(i) of where ‘r’ is the radius of a circular area
this definition, the radius of the poten- in feet surrounding the point of failure,
tial impact circle is greater than 660 ‘p’ is the maximum allowable oper-
feet (200 meters), the operator may ating pressure (MAOP) in the pipeline
identify a high consequence area based segment in pounds per square inch and
on a prorated number of buildings in- ‘d’ is the nominal diameter of the pipe-
tended for human occupancy with a line in inches.
distance of 660 feet (200 meters) from NOTE: 0.69 is the factor for natural gas.
the centerline of the pipeline until De- This number will vary for other gases de-
pending upon their heat of combustion. An
cember 17, 2006. If an operator chooses operator transporting gas other than natural
this approach, the operator must pro- gas must use section 3.2 of ASME/ANSI
rate the number of buildings intended B31.8S–2001 (Supplement to ASME B31.8; in-
for human occupancy based on the corporated by reference, see § 192.7) to cal-
ratio of an area with a radius of 660 culate the impact radius formula.
feet (200 meters) to the area of the po- Remediation is a repair or mitigation
tential impact circle (i.e., the prorated activity an operator takes on a covered
number of buildings intended for segment to limit or reduce the prob-
human occupancy is equal to 20 × (660 ability of an undesired event occurring
feet) [or 200 meters]/potential impact or the expected consequences from the
radius in feet [or meters] 2). event.
Identified site means each of the fol- [68 FR 69817, Dec. 15, 2003, as amended by
lowing areas: Amdt. 192–95, 69 FR 18231, Apr. 6, 2004; Amdt.
(a) An outside area or open structure 192–95, 69 FR 29904, May 26, 2004; Amdt. 192–
that is occupied by twenty (20) or more 103, 72 FR 4657, Feb. 1, 2007]
persons on at least 50 days in any
twelve (12)-month period. (The days § 192.905 How does an operator iden-
need not be consecutive.) Examples in- tify a high consequence area?
clude but are not limited to, beaches, (a) General. To determine which seg-
playgrounds, recreational facilities, ments of an operator’s transmission
camping grounds, outdoor theaters, pipeline system are covered by this
stadiums, recreational areas near a subpart, an operator must identify the
body of water, or areas outside a rural high consequence areas. An operator
building such as a religious facility; or must use method (1) or (2) from the def-
(b) A building that is occupied by inition in § 192.903 to identify a high
twenty (20) or more persons on at least consequence area. An operator may
five (5) days a week for ten (10) weeks apply one method to its entire pipeline
in any twelve (12)-month period. (The system, or an operator may apply one
days and weeks need not be consecu- method to individual portions of the
tive.) Examples include, but are not pipeline system. An operator must de-
limited to, religious facilities, office scribe in its integrity management pro-
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.909

each portion of the operator’s pipeline the risks on each covered transmission
system. The description must include pipeline segment. The initial integrity
the potential impact radius when uti- management program must consist, at
lized to establish a high consequence a minimum, of a framework that de-
area. (See appendix E.I. for guidance on scribes the process for implementing
identifying high consequence areas.) each program element, how relevant
(b)(1) Identified sites. An operator decisions will be made and by whom, a
must identify an identified site, for time line for completing the work to
purposes of this subpart, from informa- implement the program element, and
tion the operator has obtained from how information gained from experi-
routine operation and maintenance ac- ence will be continuously incorporated
tivities and from public officials with
into the program. The framework will
safety or emergency response or plan-
evolve into a more detailed and com-
ning responsibilities who indicate to
the operator that they know of loca- prehensive program. An operator must
tions that meet the identified site cri- make continual improvements to the
teria. These public officials could in- program.
clude officials on a local emergency (b) Implementation Standards. In car-
planning commission or relevant Na- rying out this subpart, an operator
tive American tribal officials. must follow the requirements of this
(2) If a public official with safety or subpart and of ASME/ANSI B31.8S (in-
emergency response or planning re- corporated by reference, see § 192.7) and
sponsibilities informs an operator that its appendices, where specified. An op-
it does not have the information to erator may follow an equivalent stand-
identify an identified site, the operator ard or practice only when the operator
must use one of the following sources, demonstrates the alternative standard
as appropriate, to identify these sites. or practice provides an equivalent level
(i) Visible marking (e.g., a sign); or of safety to the public and property. In
(ii) The site is licensed or registered the event of a conflict between this
by a Federal, State, or local govern- subpart and ASME/ANSI B31.8S, the re-
ment agency; or quirements in this subpart control.
(iii) The site is on a list (including a
list on an internet web site) or map § 192.909 How can an operator change
maintained by or available from a Fed- its integrity management program?
eral, State, or local government agency
and available to the general public. (a) General. An operator must docu-
(c) Newly identified areas. When an op- ment any change to its program and
erator has information that the area the reasons for the change before im-
around a pipeline segment not pre- plementing the change.
viously identified as a high con- (b) Notification. An operator must no-
sequence area could satisfy any of the tify OPS, in accordance with § 192.949,
definitions in § 192.903, the operator of any change to the program that may
must complete the evaluation using substantially affect the program’s im-
method (1) or (2). If the segment is de- plementation or may significantly
termined to meet the definition as a modify the program or schedule for
high consequence area, it must be in- carrying out the program elements. An
corporated into the operator’s baseline operator must also notify a State or
assessment plan as a high consequence local pipeline safety authority when ei-
area within one year from the date the ther a covered segment is located in a
area is identified. State where OPS has an interstate
agent agreement, or an intrastate cov-
§ 192.907 What must an operator do to
implement this subpart? ered segment is regulated by that
State. An operator must provide the
(a) General. No later than December notification within 30 days after adopt-
17, 2004, an operator of a covered pipe- ing this type of change into its pro-
line segment must develop and follow a
gram.
written integrity management pro-
gram that contains all the elements de- [68 FR 69817, Dec. 15, 2003, as amended by
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scribed in § 192.911 and that addresses Amdt. 192–95, 69 FR 18231, Apr. 6, 2004]

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§ 192.911 49 CFR Ch. I (10–1–07 Edition)

§ 192.911 What are the elements of an (k) A management of change process


integrity management program? as outlined in ASME/ANSI B31.8S, sec-
tion 11.
An operator’s initial integrity man-
(l) A quality assurance process as
agement program begins with a frame-
outlined in ASME/ANSI B31.8S, section
work (see § 192.907) and evolves into a
12.
more detailed and comprehensive in- (m) A communication plan that in-
tegrity management program, as infor- cludes the elements of ASME/ANSI
mation is gained and incorporated into B31.8S, section 10, and that includes
the program. An operator must make procedures for addressing safety con-
continual improvements to its pro- cerns raised by—
gram. The initial program framework (1) OPS; and
and subsequent program must, at min- (2) A State or local pipeline safety
imum, contain the following elements. authority when a covered segment is
(When indicated, refer to ASME/ANSI located in a State where OPS has an
B31.8S (incorporated by reference, see interstate agent agreement.
§ 192.7) for more detailed information (n) Procedures for providing (when
on the listed element.) requested), by electronic or other
(a) An identification of all high con- means, a copy of the operator’s risk
sequence areas, in accordance with analysis or integrity management pro-
§ 192.905. gram to—
(b) A baseline assessment plan meet- (1) OPS; and
ing the requirements of § 192.919 and (2) A State or local pipeline safety
§ 192.921. authority when a covered segment is
(c) An identification of threats to located in a State where OPS has an
each covered pipeline segment, which interstate agent agreement.
must include data integration and a (o) Procedures for ensuring that each
risk assessment. An operator must use integrity assessment is being con-
the threat identification and risk as- ducted in a manner that minimizes en-
sessment to prioritize covered seg- vironmental and safety risks.
ments for assessment (§ 192.917) and to (p) A process for identification and
evaluate the merits of additional pre- assessment of newly-identified high
ventive and mitigative measures consequence areas. (See § 192.905 and
(§ 192.935) for each covered segment. § 192.921.)
(d) A direct assessment plan, if appli- [68 FR 69817, Dec. 15, 2003, as amended by
cable, meeting the requirements of Amdt. 192–95, 69 FR 18231, Apr. 6, 2004]
§ 192.923, and depending on the threat
assessed, of §§ 192.925, 192.927, or 192.929. § 192.913 When may an operator devi-
ate its program from certain re-
(e) Provisions meeting the require- quirements of this subpart?
ments of § 192.933 for remediating con-
ditions found during an integrity as- (a) General. ASME/ANSI B31.8S (in-
sessment. corporated by reference, see § 192.7) pro-
vides the essential features of a per-
(f) A process for continual evaluation
formance-based or a prescriptive integ-
and assessment meeting the require-
rity management program. An oper-
ments of § 192.937.
ator that uses a performance-based ap-
(g) If applicable, a plan for confirm- proach that satisfies the requirements
atory direct assessment meeting the for exceptional performance in para-
requirements of § 192.931. graph (b) of this section may deviate
(h) Provisions meeting the require- from certain requirements in this sub-
ments of § 192.935 for adding preventive part, as provided in paragraph (c) of
and mitigative measures to protect the this section.
high consequence area. (b) Exceptional performance. An oper-
(i) A performance plan as outlined in ator must be able to demonstrate the
ASME/ANSI B31.8S, section 9 that in- exceptional performance of its integ-
cludes performance measures meeting rity management program through the
the requirements of § 192.945. following actions.
(j) Record keeping provisions meet- (1) To deviate from any of the re-
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.915

this section, an operator must have a (c) Deviation. Once an operator has
performance-based integrity manage- demonstrated that it has satisfied the
ment program that meets or exceed the requirements of paragraph (b) of this
performance-based requirements of section, the operator may deviate from
ASME/ANSI B31.8S and includes, at a the prescriptive requirements of
minimum, the following elements— ASME/ANSI B31.8S and of this subpart
(i) A comprehensive process for risk only in the following instances.
analysis; (1) The time frame for reassessment
(ii) All risk factor data used to sup- as provided in § 192.939 except that reas-
port the program; sessment by some method allowed
(iii) A comprehensive data integra- under this subpart (e.g., confirmatory
tion process; direct assessment) must be carried out
(iv) A procedure for applying lessons at intervals no longer than seven
learned from assessment of covered years;
pipeline segments to pipeline segments (2) The time frame for remediation as
not covered by this subpart; provided in § 192.933 if the operator
(v) A procedure for evaluating every demonstrates the time frame will not
incident, including its cause, within jeopardize the safety of the covered
the operator’s sector of the pipeline in- segment.
dustry for implications both to the op- [68 FR 69817, Dec. 15, 2003, as amended by
erator’s pipeline system and to the op- Amdt. 192–95, 69 FR 18231, Apr. 6, 2004]
erator’s integrity management pro-
gram; § 192.915 What knowledge and training
(vi) A performance matrix that dem- must personnel have to carry out
onstrates the program has been effec- an integrity management program?
tive in ensuring the integrity of the (a) Supervisory personnel. The integ-
covered segments by controlling the rity management program must pro-
identified threats to the covered seg- vide that each supervisor whose re-
ments; sponsibilities relate to the integrity
(vii) Semi-annual performance meas- management program possesses and
ures beyond those required in § 192.945 maintains a thorough knowledge of the
that are part of the operator’s perform- integrity management program and of
ance plan. (See § 192.911(i).) An operator the elements for which the supervisor
must submit these measures, by elec- is responsible. The program must pro-
tronic or other means, on a semi-an- vide that any person who qualifies as a
nual frequency to OPS in accordance supervisor for the integrity manage-
with § 192.951; and ment program has appropriate training
(viii) An analysis that supports the or experience in the area for which the
desired integrity reassessment interval person is responsible.
and the remediation methods to be (b) Persons who carry out assessments
used for all covered segments. and evaluate assessment results. The in-
(2) In addition to the requirements tegrity management program must
for the performance-based plan, an op- provide criteria for the qualification of
erator must— any person—
(i) Have completed at least two in- (1) Who conducts an integrity assess-
tegrity assessments on each covered ment allowed under this subpart; or
pipeline segment the operator is in- (2) Who reviews and analyzes the re-
cluding under the performance-based sults from an integrity assessment and
approach, and be able to demonstrate evaluation; or
that each assessment effectively ad- (3) Who makes decisions on actions
dressed the identified threats on the to be taken based on these assess-
covered segment. ments.
(ii) Remediate all anomalies identi- (c) Persons responsible for preventive
fied in the more recent assessment ac- and mitigative measures. The integrity
cording to the requirements in § 192.933, management program must provide
and incorporate the results and lessons criteria for the qualification of any
learned from the more recent assess- person—
ment into the operator’s data integra- (1) Who implements preventive and
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§ 192.917 49 CFR Ch. I (10–1–07 Edition)

subpart, including the marking and lo- additional preventive and mitigative
cating of buried structures; or measures are needed (§ 192.935) for the
(2) Who directly supervises exca- covered segment.
vation work carried out in conjunction (d) Plastic transmission pipeline. An op-
with an integrity assessment. erator of a plastic transmission pipe-
line must assess the threats to each
§ 192.917 How does an operator iden-
tify potential threats to pipeline in- covered segment using the information
tegrity and use the threat identi- in sections 4 and 5 of ASME B31.8S, and
fication in its integrity program? consider any threats unique to the in-
(a) Threat identification. An operator tegrity of plastic pipe.
must identify and evaluate all poten- (e) Actions to address particular
tial threats to each covered pipeline threats. If an operator identifies any of
segment. Potential threats that an op- the following threats, the operator
erator must consider include, but are must take the following actions to ad-
not limited to, the threats listed in dress the threat.
ASME/ANSI B31.8S (incorporated by (1) Third party damage. An operator
reference, see § 192.7), section 2, which must utilize the data integration re-
are grouped under the following four quired in paragraph (b) of this section
categories: and ASME/ANSI B31.8S, Appendix A7
(1) Time dependent threats such as to determine the susceptibility of each
internal corrosion, external corrosion, covered segment to the threat of third
and stress corrosion cracking; party damage. If an operator identifies
(2) Static or resident threats, such as the threat of third party damage, the
fabrication or construction defects; operator must implement comprehen-
(3) Time independent threats such as sive additional preventive measures in
third party damage and outside force accordance with § 192.935 and monitor
damage; and the effectiveness of the preventive
(4) Human error. measures. If, in conducting a baseline
(b) Data gathering and integration. To assessment under § 192.921, or a reas-
identify and evaluate the potential
sessment under § 192.937, an operator
threats to a covered pipeline segment,
uses an internal inspection tool or ex-
an operator must gather and integrate
ternal corrosion direct assessment, the
existing data and information on the
entire pipeline that could be relevant operator must integrate data from
to the covered segment. In performing these assessments with data related to
this data gathering and integration, an any encroachment or foreign line
operator must follow the requirements crossing on the covered segment, to de-
in ASME/ANSI B31.8S, section 4. At a fine where potential indications of
minimum, an operator must gather and third party damage may exist in the
evaluate the set of data specified in Ap- covered segment.
pendix A to ASME/ANSI B31.8S, and An operator must also have proce-
consider both on the covered segment dures in its integrity management pro-
and similar non-covered segments, past gram addressing actions it will take to
incident history, corrosion control respond to findings from this data inte-
records, continuing surveillance gration.
records, patrolling records, mainte- (2) Cyclic fatigue. An operator must
nance history, internal inspection evaluate whether cyclic fatigue or
records and all other conditions spe- other loading condition (including
cific to each pipeline. ground movement, suspension bridge
(c) Risk assessment. An operator must condition) could lead to a failure of a
conduct a risk assessment that follows deformation, including a dent or gouge,
ASME/ANSI B31.8S, section 5, and con- or other defect in the covered segment.
siders the identified threats for each
An evaluation must assume the pres-
covered segment. An operator must use
ence of threats in the covered segment
the risk assessment to prioritize the
covered segments for the baseline and that could be exacerbated by cyclic fa-
continual reassessments (§§ 192.919, tigue. An operator must use the results
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192.921, 192.937), and to determine what from the evaluation together with the

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.921

criteria used to evaluate the signifi- fied in § 192.933), the operator must
cance of this threat to the covered seg- evaluate and remediate, as necessary,
ment to prioritize the integrity base- all pipeline segments (both covered and
line assessment or reassessment. non-covered) with similar material
(3) Manufacturing and construction de- coating and environmental character-
fects. If an operator identifies the istics. An operator must establish a
threat of manufacturing and construc- schedule for evaluating and remedi-
tion defects (including seam defects) in ating, as necessary, the similar seg-
the covered segment, an operator must ments that is consistent with the oper-
analyze the covered segment to deter- ator’s established operating and main-
mine the risk of failure from these de- tenance procedures under part 192 for
fects. The analysis must consider the testing and repair.
results of prior assessments on the cov- [68 FR 69817, Dec. 15, 2003, as amended by
ered segment. An operator may con- Amdt. 192–95, 69 FR 18231, Apr. 6, 2004]
sider manufacturing and construction
related defects to be stable defects if § 192.919 What must be in the baseline
the operating pressure on the covered assessment plan?
segment has not increased over the An operator must include each of the
maximum operating pressure experi- following elements in its written base-
enced during the five years preceding line assessment plan:
identification of the high consequence (a) Identification of the potential
area. If any of the following changes threats to each covered pipeline seg-
occur in the covered segment, an oper- ment and the information supporting
ator must prioritize the covered seg- the threat identification. (See
ment as a high risk segment for the § 192.917.);
baseline assessment or a subsequent re- (b) The methods selected to assess
assessment. the integrity of the line pipe, including
(i) Operating pressure increases an explanation of why the assessment
above the maximum operating pressure method was selected to address the
experienced during the preceding five identified threats to each covered seg-
years; ment. The integrity assessment meth-
(ii) MAOP increases; or od an operator uses must be based on
(iii) The stresses leading to cyclic fa- the threats identified to the covered
tigue increase. segment. (See § 192.917.) More than one
(4) ERW pipe. If a covered pipeline method may be required to address all
segment contains low frequency elec- the threats to the covered pipeline seg-
tric resistance welded pipe (ERW), lap ment;
welded pipe or other pipe that satisfies (c) A schedule for completing the in-
the conditions specified in ASME/ANSI tegrity assessment of all covered seg-
B31.8S, Appendices A4.3 and A4.4, and ments, including risk factors consid-
any covered or noncovered segment in ered in establishing the assessment
the pipeline system with such pipe has schedule;
experienced seam failure, or operating (d) If applicable, a direct assessment
pressure on the covered segment has plan that meets the requirements of
increased over the maximum operating §§ 192.923, and depending on the threat
pressure experienced during the pre- to be addressed, of § 192.925, § 192.927, or
ceding five years, an operator must se- § 192.929; and
lect an assessment technology or tech- (e) A procedure to ensure that the
nologies with a proven application ca- baseline assessment is being conducted
pable of assessing seam integrity and in a manner that minimizes environ-
seam corrosion anomalies. The oper- mental and safety risks.
ator must prioritize the covered seg-
ment as a high risk segment for the § 192.921 How is the baseline assess-
baseline assessment or a subsequent re- ment to be conducted?
assessment. (a) Assessment methods. An operator
(5) Corrosion. If an operator identifies must assess the integrity of the line
corrosion on a covered pipeline seg- pipe in each covered segment by apply-
ment that could adversely affect the ing one or more of the following meth-
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§ 192.921 49 CFR Ch. I (10–1–07 Edition)

the covered segment is susceptible. An (d) Time period. An operator must


operator must select the method or prioritize all the covered segments for
methods best suited to address the assessment in accordance with § 192.917
threats identified to the covered seg- (c) and paragraph (b) of this section.
ment (See § 192.917). An operator must assess at least 50% of
(1) Internal inspection tool or tools the covered segments beginning with
capable of detecting corrosion, and any the highest risk segments, by Decem-
other threats to which the covered seg- ber 17, 2007. An operator must complete
ment is susceptible. An operator must the baseline assessment of all covered
follow ASME/ANSI B31.8S (incor- segments by December 17, 2012.
porated by reference, see § 192.7), sec- (e) Prior assessment. An operator may
tion 6.2 in selecting the appropriate in- use a prior integrity assessment con-
ternal inspection tools for the covered ducted before December 17, 2002 as a
segment. baseline assessment for the covered
(2) Pressure test conducted in accord- segment, if the integrity assessment
ance with subpart J of this part. An op- meets the baseline requirements in this
erator must use the test pressures subpart and subsequent remedial ac-
specified in Table 3 of section 5 of tions to address the conditions listed in
ASME/ANSI B31.8S, to justify an ex- § 192.933 have been carried out. In addi-
tended reassessment interval in accord- tion, if an operator uses this prior as-
ance with § 192.939. sessment as its baseline assessment,
(3) Direct assessment to address the operator must reassess the line
threats of external corrosion, internal pipe in the covered segment according
corrosion, and stress corrosion crack- to the requirements of § 192.937 and
ing. An operator must conduct the di- § 192.939.
rect assessment in accordance with the (f) Newly identified areas. When an op-
requirements listed in § 192.923 and erator identifies a new high con-
with, as applicable, the requirements sequence area (see § 192.905), an operator
specified in §§ 192.925, 192.927 or 192.929; must complete the baseline assessment
(4) Other technology that an operator of the line pipe in the newly identified
demonstrates can provide an equiva- high consequence area within ten (10)
lent understanding of the condition of years from the date the area is identi-
the line pipe. An operator choosing this fied.
option must notify the Office of Pipe- (g) Newly installed pipe. An operator
line Safety (OPS) 180 days before con- must complete the baseline assessment
ducting the assessment, in accordance of a newly-installed segment of pipe
with § 192.949. An operator must also covered by this subpart within ten (10)
notify a State or local pipeline safety years from the date the pipe is in-
authority when either a covered seg- stalled. An operator may conduct a
ment is located in a State where OPS pressure test in accordance with para-
has an interstate agent agreement, or graph (a)(2) of this section, to satisfy
an intrastate covered segment is regu- the requirement for a baseline assess-
lated by that State. ment.
(b) Prioritizing segments. An operator (h) Plastic transmission pipeline. If the
must prioritize the covered pipeline threat analysis required in § 192.917(d)
segments for the baseline assessment on a plastic transmission pipeline indi-
according to a risk analysis that con- cates that a covered segment is suscep-
siders the potential threats to each tible to failure from causes other than
covered segment. The risk analysis third-party damage, an operator must
must comply with the requirements in conduct a baseline assessment of the
§ 192.917. segment in accordance with the re-
(c) Assessment for particular threats. In quirements of this section and of
choosing an assessment method for the § 192.917. The operator must justify the
baseline assessment of each covered use of an alternative assessment meth-
segment, an operator must take the ac- od that will address the identified
tions required in § 192.917(e) to address threats to the covered segment.
particular threats that it has identi- [68 FR 69817, Dec. 15, 2003, as amended by
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fied. Amdt. 192–95, 69 FR 18232, Apr. 6, 2004]

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.925

§ 192.923 How is direct assessment with other information from the data
used and for what threats? integration (§ 192.917(b)) to evaluate the
(a) General. An operator may use di- covered segment for the threat of third
rect assessment either as a primary as- party damage, and to address the
sessment method or as a supplement to threat as required by § 192.917(e)(1).
the other assessment methods allowed (1) Preassessment. In addition to the
under this subpart. An operator may requirements in ASME/ANSI B31.8S
only use direct assessment as the pri- section 6.4 and NACE RP 0502–2002, sec-
mary assessment method to address tion 3, the plan’s procedures for
the identified threats of external corro- preassessment must include—
sion (ECDA), internal corrosion (i) Provisions for applying more re-
(ICDA), and stress corrosion cracking strictive criteria when conducting
(SCCDA). ECDA for the first time on a covered
(b) Primary method. An operator using segment; and
direct assessment as a primary assess- (ii) The basis on which an operator
ment method must have a plan that selects at least two different, but com-
complies with the requirements in— plementary indirect assessment tools
(1) ASME/ANSI B31.8S (incorporated to assess each ECDA Region. If an op-
by reference, see § 192.7), section 6.4; erator utilizes an indirect inspection
NACE RP0502–2002 (incorporated by ref- method that is not discussed in Appen-
erence, see § 192.7); and § 192.925 if ad- dix A of NACE RP0502–2002, the oper-
dressing external corrosion (ECDA). ator must demonstrate the applica-
(2) ASME/ANSI B31.8S, section 6.4 bility, validation basis, equipment
and appendix B2, and § 192.927 if ad- used, application procedure, and utili-
dressing internal corrosion (ICDA). zation of data for the inspection meth-
(3) ASME/ANSI B31.8S, appendix A3, od.
and § 192.929 if addressing stress corro- (2) Indirect examination. In addition to
sion cracking (SCCDA). the requirements in ASME/ANSI B31.8S
(c) Supplemental method. An operator section 6.4 and NACE RP 0502–2002, sec-
using direct assessment as a supple-
tion 4, the plan’s procedures for indi-
mental assessment method for any ap-
rect examination of the ECDA regions
plicable threat must have a plan that
must include—
follows the requirements for confirm-
(i) Provisions for applying more re-
atory direct assessment in § 192.931.
strictive criteria when conducting
§ 192.925 What are the requirements ECDA for the first time on a covered
for using External Corrosion Direct segment;
Assessment (ECDA)? (ii) Criteria for identifying and docu-
(a) Definition. ECDA is a four-step menting those indications that must be
process that combines preassessment, considered for excavation and direct
indirect inspection, direct examina- examination. Minimum identification
tion, and post assessment to evaluate criteria include the known sensitivities
the threat of external corrosion to the of assessment tools, the procedures for
integrity of a pipeline. using each tool, and the approach to be
(b) General requirements. An operator used for decreasing the physical spac-
that uses direct assessment to assess ing of indirect assessment tool read-
the threat of external corrosion must ings when the presence of a defect is
follow the requirements in this section, suspected;
in ASME/ANSI B31.8S (incorporated by (iii) Criteria for defining the urgency
reference, see § 192.7), section 6.4, and in of excavation and direct examination
NACE RP 0502–2002 (incorporated by of each indication identified during the
reference, see § 192.7). An operator must indirect examination. These criteria
develop and implement a direct assess- must specify how an operator will de-
ment plan that has procedures address- fine the urgency of excavating the indi-
ing preassessment, indirect examina- cation as immediate, scheduled or
tion, direct examination, and post-as- monitored; and
sessment. If the ECDA detects pipeline (iv) Criteria for scheduling exca-
coating damage, the operator must vation of indications for each urgency
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§ 192.927 49 CFR Ch. I (10–1–07 Edition)

(3) Direct examination. In addition to ation or by an upset condition may re-


the requirements in ASME/ANSI B31.8S side, and then focuses direct examina-
section 6.4 and NACE RP 0502–2002, sec- tion on the locations in covered seg-
tion 5, the plan’s procedures for direct ments where internal corrosion is most
examination of indications from the in- likely to exist. The process identifies
direct examination must include— the potential for internal corrosion
(i) Provisions for applying more re- caused by microorganisms, or fluid
strictive criteria when conducting with CO2, O2, hydrogen sulfide or other
ECDA for the first time on a covered contaminants present in the gas.
segment; (b) General requirements. An operator
(ii) Criteria for deciding what action using direct assessment as an assess-
should be taken if either: ment method to address internal corro-
(A) Corrosion defects are discovered sion in a covered pipeline segment
that exceed allowable limits (Section must follow the requirements in this
5.5.2.2 of NACE RP0502–2002), or section and in ASME/ANSI B31.8S (in-
(B) Root cause analysis reveals con- corporated by reference, see § 192.7), sec-
ditions for which ECDA is not suitable tion 6.4 and appendix B2. The ICDA
(Section 5.6.2 of NACE RP0502–2002); process described in this section ap-
(iii) Criteria and notification proce- plies only for a segment of pipe trans-
dures for any changes in the ECDA porting nominally dry natural gas, and
Plan, including changes that affect the not for a segment with electrolyte
severity classification, the priority of nominally present in the gas stream. If
direct examination, and the time frame an operator uses ICDA to assess a cov-
for direct examination of indications; ered segment operating with electro-
and lyte present in the gas stream, the op-
(iv) Criteria that describe how and on erator must develop a plan that dem-
what basis an operator will reclassify onstrates how it will conduct ICDA in
and reprioritize any of the provisions the segment to effectively address in-
that are specified in section 5.9 of ternal corrosion, and must provide no-
NACE RP0502–2002. tification in accordance with § 192.921
(4) Post assessment and continuing (a)(4) or § 192.937(c)(4).
evaluation. In addition to the require- (c) The ICDA plan. An operator must
ments in ASME/ANSI B31.8S section 6.4 develop and follow an ICDA plan that
and NACE RP 0502–2002, section 6, the provides for preassessment, identifica-
plan’s procedures for post assessment tion of ICDA regions and excavation lo-
of the effectiveness of the ECDA proc- cations, detailed examination of pipe
ess must include— at excavation locations, and post-as-
(i) Measures for evaluating the long- sessment evaluation and monitoring.
term effectiveness of ECDA in address- (1) Preassessment. In the
ing external corrosion in covered seg- preassessment stage, an operator must
ments; and gather and integrate data and informa-
(ii) Criteria for evaluating whether tion needed to evaluate the feasibility
conditions discovered by direct exam- of ICDA for the covered segment, and
ination of indications in each ECDA re- to support use of a model to identify
gion indicate a need for reassessment the locations along the pipe segment
of the covered segment at an interval where electrolyte may accumulate, to
less than that specified in § 192.939. (See identify ICDA regions, and to identify
Appendix D of NACE RP0502–2002.) areas within the covered segment
[68 FR 69817, Dec. 15, 2003, as amended by where liquids may potentially be en-
Amdt. 192–95, 69 FR 29904, May 26, 2004] trained. This data and information in-
cludes, but is not limited to—
§ 192.927 What are the requirements (i) All data elements listed in appen-
for using Internal Corrosion Direct dix A2 of ASME/ANSI B31.8S;
Assessment (ICDA)? (ii) Information needed to support
(a) Definition. Internal Corrosion Di- use of a model that an operator must
rect Assessment (ICDA) is a process an use to identify areas along the pipeline
operator uses to identify areas along where internal corrosion is most likely
the pipeline where fluid or other elec- to occur. (See paragraph (a) of this sec-
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.927

not limited to, location of all gas input must perform a direct examination for
and withdrawal points on the line; lo- internal corrosion at each location,
cation of all low points on covered seg- using ultrasonic thickness measure-
ments such as sags, drips, inclines, ments, radiography, or other generally
valves, manifolds, dead-legs, and traps; accepted measurement technique. One
the elevation profile of the pipeline in location must be the low point (e.g.,
sufficient detail that angles of inclina- sags, drips, valves, manifolds, dead-
tion can be calculated for all pipe seg- legs, traps) within the covered segment
ments; and the diameter of the pipe- nearest to the beginning of the ICDA
line, and the range of expected gas ve- Region. The second location must be
locities in the pipeline; further downstream, within a covered
(iii) Operating experience data that segment, near the end of the ICDA Re-
would indicate historic upsets in gas gion. If corrosion exists at either loca-
conditions, locations where these up- tion, the operator must—
sets have occurred, and potential dam- (i) Evaluate the severity of the defect
age resulting from these upset condi- (remaining strength) and remediate
tions; and the defect in accordance with § 192.933;
(iv) Information on covered segments (ii) As part of the operator’s current
where cleaning pigs may not have been integrity assessment either perform
used or where cleaning pigs may de- additional excavations in each covered
posit electrolytes. segment within the ICDA region, or use
(2) ICDA region identification. An oper- an alternative assessment method al-
ator’s plan must identify where all lowed by this subpart to assess the line
ICDA Regions are located in the trans- pipe in each covered segment within
mission system, in which covered seg- the ICDA region for internal corrosion;
ments are located. An ICDA Region ex- and
tends from the location where liquid (iii) Evaluate the potential for inter-
may first enter the pipeline and encom- nal corrosion in all pipeline segments
passes the entire area along the pipe- (both covered and non-covered) in the
line where internal corrosion may operator’s pipeline system with similar
occur and where further evaluation is characteristics to the ICDA region con-
needed. An ICDA Region may encom- taining the covered segment in which
pass one or more covered segments. In the corrosion was found, and as appro-
the identification process, an operator priate, remediate the conditions the
must use the model in GRI 02–0057, operator finds in accordance with
‘‘Internal Corrosion Direct Assessment § 192.933.
of Gas Transmission Pipelines—Meth- (4) Post-assessment evaluation and
odology,’’ (incorporated by reference, monitoring. An operator’s plan must
see § 192.7). An operator may use an- provide for evaluating the effectiveness
other model if the operator dem- of the ICDA process and continued
onstrates it is equivalent to the one monitoring of covered segments where
shown in GRI 02–0057. A model must internal corrosion has been identified.
consider changes in pipe diameter, lo- The evaluation and monitoring process
cations where gas enters a line (poten- includes—
tial to introduce liquid) and locations (i) Evaluating the effectiveness of
down stream of gas draw-offs (where ICDA as an assessment method for ad-
gas velocity is reduced) to define the dressing internal corrosion and deter-
critical pipe angle of inclination above mining whether a covered segment
which water film cannot be transported should be reassessed at more frequent
by the gas. intervals than those specified in
(3) Identification of locations for exca- § 192.939. An operator must carry out
vation and direct examination. An opera- this evaluation within a year of con-
tor’s plan must identify the locations ducting an ICDA; and
where internal corrosion is most likely (ii) Continually monitoring each cov-
in each ICDA region. In the location ered segment where internal corrosion
identification process, an operator has been identified using techniques
must identify a minimum of two loca- such as coupons, UT sensors or elec-
tions for excavation within each ICDA tronic probes, periodically drawing off
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§ 192.929 49 CFR Ch. I (10–1–07 Edition)

analyzing the liquids for the presence (b) General requirements. An operator
of corrosion products. An operator using direct assessment as an integrity
must base the frequency of the moni- assessment method to address stress
toring and liquid analysis on results corrosion cracking in a covered pipe-
from all integrity assessments that line segment must have a plan that
have been conducted in accordance provides, at minimum, for—
with the requirements of this subpart, (1) Data gathering and integration. An
and risk factors specific to the covered operator’s plan must provide for a sys-
segment. If an operator finds any evi- tematic process to collect and evaluate
dence of corrosion products in the cov- data for all covered segments to iden-
ered segment, the operator must take tify whether the conditions for SCC are
prompt action in accordance with one present and to prioritize the covered
of the two following required actions segments for assessment. This process
and remediate the conditions the oper- must include gathering and evaluating
ator finds in accordance with § 192.933. data related to SCC at all sites an oper-
(A) Conduct excavations of covered ator excavates during the conduct of
segments at locations downstream its pipeline operations where the cri-
from where the electrolyte might have teria in ASME/ANSI B31.8S (incor-
entered the pipe; or porated by reference, see § 192.7), appen-
(B) Assess the covered segment using dix A3.3 indicate the potential for SCC.
another integrity assessment method This data includes at minimum, the
allowed by this subpart. data specified in ASME/ANSI B31.8S,
(5) Other requirements. The ICDA plan appendix A3.
must also include— (2) Assessment method. The plan must
(i) Criteria an operator will apply in provide that if conditions for SCC are
making key decisions (e.g., ICDA feasi- identified in a covered segment, an op-
bility, definition of ICDA Regions, con- erator must assess the covered segment
ditions requiring excavation) in imple- using an integrity assessment method
menting each stage of the ICDA proc- specified in ASME/ANSI B31.8S, appen-
ess; dix A3, and remediate the threat in ac-
(ii) Provisions for applying more re- cordance with ASME/ANSI B31.8S, ap-
strictive criteria when conducting pendix A3, section A3.4.
ICDA for the first time on a covered [68 FR 69817, Dec. 15, 2003, as amended by
segment and that become less strin- Amdt. 192–95, 69 FR 18233, Apr. 6, 2004]
gent as the operator gains experience;
and § 192.931 How may Confirmatory Di-
(iii) Provisions that analysis be car- rect Assessment (CDA) be used?
ried out on the entire pipeline in which An operator using the confirmatory
covered segments are present, except direct assessment (CDA) method as al-
that application of the remediation cri- lowed in § 192.937 must have a plan that
teria of § 192.933 may be limited to cov- meets the requirements of this section
ered segments. and of §§ 192.925 (ECDA) and § 192.927
[68 FR 69817, Dec. 15, 2003, as amended by
(ICDA).
Amdt. 192–95, 69 FR 18232, Apr. 6, 2004] (a) Threats. An operator may only use
CDA on a covered segment to identify
§ 192.929 What are the requirements damage resulting from external corro-
for using Direct Assessment for sion or internal corrosion.
Stress Corrosion Cracking (b) External corrosion plan. An opera-
(SCCDA)? tor’s CDA plan for identifying external
(a) Definition. Stress Corrosion corrosion must comply with § 192.925
Cracking Direct Assessment (SCCDA) with the following exceptions.
is a process to assess a covered pipe (1) The procedures for indirect exam-
segment for the presence of SCC pri- ination may allow use of only one indi-
marily by systematically gathering rect examination tool suitable for the
and analyzing excavation data for pipe application.
having similar operational characteris- (2) The procedures for direct exam-
tics and residing in a similar physical ination and remediation must provide
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.933

(i) All immediate action indications PR–3–805 (‘‘RSTRENG,’’ incorporated


must be excavated for each ECDA re- by reference, see § 192.7) or reduce the
gion; and operating pressure to a level not ex-
(ii) At least one high risk indication ceeding 80 percent of the level at the
that meets the criteria of scheduled ac- time the condition was discovered. (See
tion must be excavated in each ECDA appendix A to this part for information
region. on availability of incorporation by ref-
(c) Internal corrosion plan. An opera- erence information.) An operator must
tor’s CDA plan for identifying internal notify PHMSA in accordance with
corrosion must comply with § 192.927 § 192.949 if it cannot meet the schedule
except that the plan’s procedures for for evaluation and remediation re-
identifying locations for excavation quired under paragraph (c) of this sec-
may require excavation of only one tion and cannot provide safety through
high risk location in each ICDA region. temporary reduction in operating pres-
(d) Defects requiring near-term remedi- sure or other action. An operator must
ation. If an assessment carried out also notify a State pipeline safety au-
under paragraph (b) or (c) of this sec- thority when either a covered segment
tion reveals any defect requiring reme- is located in a State where PHMSA has
diation prior to the next scheduled as- an interstate agent agreement, or an
sessment, the operator must schedule intrastate covered segment is regu-
the next assessment in accordance with lated by that State.
NACE RP 0502–2002 (incorporated by (2) Long-term pressure reduction. When
reference, see § 192.7), section 6.2 and a pressure reduction exceeds 365 days,
6.3. If the defect requires immediate re- the operator must notify PHMSA
mediation, then the operator must re- under § 192.949 and explain the reasons
duce pressure consistent with § 192.933 for the remediation delay. This notice
until the operator has completed reas- must include a technical justification
sessment using one of the assessment that the continued pressure reduction
techniques allowed in § 192.937. will not jeopardize the integrity of the
pipeline. The operator also must notify
§ 192.933 What actions must be taken a State pipeline safety authority when
to address integrity issues? either a covered segment is located in
(a) General requirements. An operator a State where PHMSA has an inter-
must take prompt action to address all state agent agreement, or an intrastate
anomalous conditions the operator dis- covered segment is regulated by that
covers through the integrity assess- State.
ment. In addressing all conditions, an (b) Discovery of condition. Discovery
operator must evaluate all anomalous of a condition occurs when an operator
conditions and remediate those that has adequate information about a con-
could reduce a pipeline’s integrity. An dition to determine that the condition
operator must be able to demonstrate presents a potential threat to the in-
that the remediation of the condition tegrity of the pipeline. A condition
will ensure the condition is unlikely to that presents a potential threat in-
pose a threat to the integrity of the cludes, but is not limited to, those con-
pipeline until the next reassessment of ditions that require remediation or
the covered segment. monitoring listed under paragraphs
(1) Temporary pressure reduction. If an (d)(1) through (d)(3) of this section. An
operator is unable to respond within operator must promptly, but no later
the time limits for certain conditions than 180 days after conducting an in-
specified in this section, the operator tegrity assessment, obtain sufficient
must temporarily reduce the operating information about a condition to make
pressure of the pipeline or take other that determination, unless the oper-
action that ensures the safety of the ator demonstrates that the 180-day pe-
covered segment. An operator must de- riod is impracticable.
termine any temporary reduction in (c) Schedule for evaluation and remedi-
operating pressure required by this sec- ation. An operator must complete re-
tion using ASME/ANSI B31G (incor- mediation of a condition according to a
porated by reference, see § 192.7) or AGA schedule prioritizing the conditions for
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§ 192.935 49 CFR Ch. I (10–1–07 Edition)

special requirement for remediating (ii) A dent with a depth greater than
certain conditions applies, as provided 2% of the pipeline’s diameter (0.250
in paragraph (d) of this section, an op- inches in depth for a pipeline diameter
erator must follow the schedule in less than NPS 12) that affects pipe cur-
ASME/ANSI B31.8S (incorporated by vature at a girth weld or at a longitu-
reference, see § 192.7), section 7, Figure dinal seam weld.
4. If an operator cannot meet the (3) Monitored conditions. An operator
schedule for any condition, the oper- does not have to schedule the following
ator must explain the reasons why it conditions for remediation, but must
cannot meet the schedule and how the record and monitor the conditions dur-
changed schedule will not jeopardize ing subsequent risk assessments and
public safety. integrity assessments for any change
(d) Special requirements for scheduling that may require remediation:
remediation.—(1) Immediate repair condi- (i) A dent with a depth greater than
tions. An operator’s evaluation and re- 6% of the pipeline diameter (greater
mediation schedule must follow ASME/ than 0.50 inches in depth for a pipeline
ANSI B31.8S, section 7 in providing for diameter less than NPS 12) located be-
immediate repair conditions. To main- tween the 4 o’clock position and the 8
tain safety, an operator must tempo- o’clock position (bottom 1⁄3 of the pipe).
rarily reduce operating pressure in ac- (ii) A dent located between the 8
cordance with paragraph (a) of this sec- o’clock and 4 o’clock positions (upper
2⁄3 of the pipe) with a depth greater
tion or shut down the pipeline until the
operator completes the repair of these than 6% of the pipeline diameter
conditions. An operator must treat the (greater than 0.50 inches in depth for a
following conditions as immediate re- pipeline diameter less than Nominal
pair conditions: Pipe Size (NPS) 12), and engineering
(i) A calculation of the remaining analyses of the dent demonstrate crit-
strength of the pipe shows a predicted ical strain levels are not exceeded.
failure pressure less than or equal to (iii) A dent with a depth greater than
1.1 times the maximum allowable oper- 2% of the pipeline’s diameter (0.250
ating pressure at the location of the inches in depth for a pipeline diameter
anomaly. Suitable remaining strength less than NPS 12) that affects pipe cur-
calculation methods include, ASME/ vature at a girth weld or a longitudinal
ANSI B31G; RSTRENG; or an alter- seam weld, and engineering analyses of
native equivalent method of remaining the dent and girth or seam weld dem-
strength calculation. These documents onstrate critical strain levels are not
are incorporated by reference and exceeded. These analyses must consider
available at the addresses listed in ap- weld properties.
pendix A to part 192. [68 FR 69817, Dec. 15, 2003, as amended by
(ii) A dent that has any indication of Amdt. 192–95, 69 FR 18233, Apr. 6, 2004; Amdt.
metal loss, cracking or a stress riser. 192–104, 72 FR 39016, July 17, 2007]
(iii) An indication or anomaly that in
the judgment of the person designated § 192.935 What additional preventive
by the operator to evaluate the assess- and mitigative measures must an
ment results requires immediate ac- operator take?
tion. (a) General requirements. An operator
(2) One-year conditions. Except for must take additional measures beyond
conditions listed in paragraph (d)(1) those already required by Part 192 to
and (d)(3) of this section, an operator prevent a pipeline failure and to miti-
must remediate any of the following gate the consequences of a pipeline
within one year of discovery of the con- failure in a high consequence area. An
dition: operator must base the additional
(i) A smooth dent located between measures on the threats the operator
the 8 o’clock and 4 o’clock positions has identified to each pipeline seg-
(upper 2⁄3 of the pipe) with a depth ment. (See § 192.917) An operator must
greater than 6% of the pipeline diame- conduct, in accordance with one of the
ter (greater than 0.50 inches in depth risk assessment approaches in ASME/
for a pipeline diameter less than Nomi- ANSI B31.8S (incorporated by ref-
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nal Pipe Size (NPS) 12). erence, see § 192.7), section 5, a risk

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.935

analysis of its pipeline to identify addi- diate, in accordance with ANSI/ASME


tional measures to protect the high B31.8S and § 192.933 any indication of
consequence area and enhance public coating holidays or discontinuity war-
safety. Such additional measures in- ranting direct examination.
clude, but are not limited to, installing (2) Outside force damage. If an oper-
Automatic Shut-off Valves or Remote ator determines that outside force (e.g.,
Control Valves, installing computer- earth movement, floods, unstable sus-
ized monitoring and leak detection sys- pension bridge) is a threat to the integ-
tems, replacing pipe segments with rity of a covered segment, the operator
pipe of heavier wall thickness, pro- must take measures to minimize the
viding additional training to personnel consequences to the covered segment
on response procedures, conducting from outside force damage. These
drills with local emergency responders measures include, but are not limited
and implementing additional inspec- to, increasing the frequency of aerial,
tion and maintenance programs. foot or other methods of patrols, add-
(b) Third party damage and outside ing external protection, reducing exter-
force damage— nal stress, and relocating the line.
(1) Third party damage. An operator (c) Automatic shut-off valves (ASV) or
must enhance its damage prevention Remote control valves (RCV). If an oper-
program, as required under § 192.614 of ator determines, based on a risk anal-
this part, with respect to a covered seg- ysis, that an ASV or RCV would be an
ment to prevent and minimize the con- efficient means of adding protection to
sequences of a release due to third a high consequence area in the event of
party damage. Enhanced measures to a gas release, an operator must install
an existing damage prevention pro- the ASV or RCV. In making that deter-
gram include, at a minimum— mination, an operator must, at least,
(i) Using qualified personnel (see consider the following factors—swift-
§ 192.915) for work an operator is con- ness of leak detection and pipe shut-
ducting that could adversely affect the down capabilities, the type of gas being
integrity of a covered segment, such as transported, operating pressure, the
marking, locating, and direct super- rate of potential release, pipeline pro-
vision of known excavation work. file, the potential for ignition, and lo-
(ii) Collecting in a central database cation of nearest response personnel.
information that is location specific on (d) Pipelines operating below 30%
excavation damage that occurs in cov- SMYS. An operator of a transmission
ered and non covered segments in the pipeline operating below 30% SMYS lo-
transmission system and the root cated in a high consequence area must
cause analysis to support identification follow the requirements in paragraphs
of targeted additional preventative and (d)(1) and (d)(2) of this section. An oper-
mitigative measures in the high con- ator of a transmission pipeline oper-
sequence areas. This information must ating below 30% SMYS located in a
include recognized damage that is not Class 3 or Class 4 area but not in a high
required to be reported as an incident consequence area must follow the re-
under part 191. quirements in paragraphs (d)(1), (d)(2)
(iii) Participating in one-call systems and (d)(3) of this section.
in locations where covered segments (1) Apply the requirements in para-
are present. graphs (b)(1)(i) and (b)(1)(iii) of this
(iv) Monitoring of excavations con- section to the pipeline; and
ducted on covered pipeline segments by (2) Either monitor excavations near
pipeline personnel. If an operator finds the pipeline, or conduct patrols as re-
physical evidence of encroachment in- quired by § 192.705 of the pipeline at bi-
volving excavation that the operator monthly intervals. If an operator finds
did not monitor near a covered seg- any indication of unreported construc-
ment, an operator must either exca- tion activity, the operator must con-
vate the area near the encroachment or duct a follow up investigation to deter-
conduct an above ground survey using mine if mechanical damage has oc-
methods defined in NACE RP–0502–2002 curred.
(incorporated by reference, see § 192.7). (3) Perform semi-annual leak surveys
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An operator must excavate, and reme- (quarterly for unprotected pipelines or

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§ 192.937 49 CFR Ch. I (10–1–07 Edition)

cathodically protected pipe where elec- (c) Assessment methods. In conducting


trical surveys are impractical). the integrity reassessment, an operator
(e) Plastic transmission pipeline. An op- must assess the integrity of the line
erator of a plastic transmission pipe- pipe in the covered segment by any of
line must apply the requirements in the following methods as appropriate
paragraphs (b)(1)(i), (b)(1)(iii) and for the threats to which the covered
(b)(1)(iv) of this section to the covered segment is susceptible (see § 192.917), or
segments of the pipeline. by confirmatory direct assessment
[68 FR 69817, Dec. 15, 2003, as amended by under the conditions specified in
Amdt. 192–95, 69 FR 18233, Apr. 6, 2004; Amdt. § 192.931.
192–95, 69 FR 29904, May 26, 2004] (1) Internal inspection tool or tools
capable of detecting corrosion, and any
§ 192.937 What is a continual process other threats to which the covered seg-
of evaluation and assessment to ment is susceptible. An operator must
maintain a pipeline’s integrity?
follow ASME/ANSI B31.8S (incor-
(a) General. After completing the porated by reference, see § 192.7), sec-
baseline integrity assessment of a cov- tion 6.2 in selecting the appropriate in-
ered segment, an operator must con- ternal inspection tools for the covered
tinue to assess the line pipe of that segment.
segment at the intervals specified in (2) Pressure test conducted in accord-
§ 192.939 and periodically evaluate the ance with subpart J of this part. An op-
integrity of each covered pipeline seg- erator must use the test pressures
ment as provided in paragraph (b) of specified in Table 3 of section 5 of
this section. An operator must reassess ASME/ANSI B31.8S, to justify an ex-
a covered segment on which a prior as-
tended reassessment interval in accord-
sessment is credited as a baseline
ance with § 192.939.
under § 192.921(e) by no later than De-
cember 17, 2009. An operator must reas- (3) Direct assessment to address
sess a covered segment on which a threats of external corrosion, internal
baseline assessment is conducted dur- corrosion, or stress corrosion cracking.
ing the baseline period specified in An operator must conduct the direct
§ 192.921(d) by no later than seven years assessment in accordance with the re-
after the baseline assessment of that quirements listed in § 192.923 and with
covered segment unless the evaluation as applicable, the requirements speci-
under paragraph (b) of this section in- fied in §§ 192.925, 192.927 or 192.929;
dicates earlier reassessment. (4) Other technology that an operator
(b) Evaluation. An operator must con- demonstrates can provide an equiva-
duct a periodic evaluation as fre- lent understanding of the condition of
quently as needed to assure the integ- the line pipe. An operator choosing this
rity of each covered segment. The peri- option must notify the Office of Pipe-
odic evaluation must be based on a line Safety (OPS) 180 days before con-
data integration and risk assessment of ducting the assessment, in accordance
the entire pipeline as specified in with § 192.949. An operator must also
§ 192.917. For plastic transmission pipe- notify a State or local pipeline safety
lines, the periodic evaluation is based authority when either a covered seg-
on the threat analysis specified in ment is located in a State where OPS
192.917(d). For all other transmission has an interstate agent agreement, or
pipelines, the evaluation must consider an intrastate covered segment is regu-
the past and present integrity assess- lated by that State.
ment results, data integration and risk (5) Confirmatory direct assessment
assessment information (§ 192.917), and when used on a covered segment that is
decisions about remediation (§ 192.933) scheduled for reassessment at a period
and additional preventive and mitiga-
longer than seven years. An operator
tive actions (§ 192.935). An operator
using this reassessment method must
must use the results from this evalua-
comply with § 192.931.
tion to identify the threats specific to
each covered segment and the risk rep- [68 FR 69817, Dec. 15, 2003, as amended by
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resented by these threats. Amdt. 192–95, 69 FR 18234, Apr. 6, 2004]

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Pipeline and Hazardous Materials Safety Administration, DOT § 192.939

§ 192.939 What are the required reas- the reassessment interval cannot ex-
sessment intervals? ceed those specified for direct assess-
An operator must comply with the ment in ASME/ANSI B31.8S, section 5,
following requirements in establishing Table 3.
the reassessment interval for the oper- (i) Determine the largest defect most
ator’s covered pipeline segments. likely to remain in the covered seg-
(a) Pipelines operating at or above 30% ment and the corrosion rate appro-
SMYS. An operator must establish a re- priate for the pipe, soil and protection
assessment interval for each covered conditions;
segment operating at or above 30% (ii) Use the largest remaining defect
SMYS in accordance with the require- as the size of the largest defect discov-
ments of this section. The maximum ered in the SCC or ICDA segment; and
reassessment interval by an allowable (iii) Estimate the reassessment inter-
reassessment method is seven years. If val as half the time required for the
an operator establishes a reassessment largest defect to grow to a critical size.
interval that is greater than seven (b) Pipelines Operating Below 30%
years, the operator must, within the SMYS. An operator must establish a re-
seven-year period, conduct a confirm- assessment interval for each covered
atory direct assessment on the covered segment operating below 30% SMYS in
segment, and then conduct the follow- accordance with the requirements of
up reassessment at the interval the op- this section. The maximum reassess-
erator has established. A reassessment ment interval by an allowable reassess-
carried out using confirmatory direct ment method is seven years. An oper-
assessment must be done in accordance ator must establish reassessment by at
with § 192.931. The table that follows least one of the following—
this section sets forth the maximum (1) Reassessment by pressure test, in-
allowed reassessment intervals. ternal inspection or other equivalent
(1) Pressure test or internal inspection technology following the requirements
or other equivalent technology. An oper- in paragraph (a)(1) of this section ex-
ator that uses pressure testing or in- cept that the stress level referenced in
ternal inspection as an assessment paragraph (a)(1)(ii) of this section
method must establish the reassess- would be adjusted to reflect the lower
ment interval for a covered pipeline operating stress level. If an established
segment by— interval is more than seven years, the
(i) Basing the interval on the identi- operator must conduct by the seventh
fied threats for the covered segment year of the interval either a confirm-
(see § 192.917) and on the analysis of the atory direct assessment in accordance
results from the last integrity assess- with § 192.931, or a low stress reassess-
ment and from the data integration ment in accordance with § 192.941.
and risk assessment required by (2) Reassessment by ECDA following
§ 192.917; or the requirements in paragraph (a)(2) of
(ii) Using the intervals specified for this section.
different stress levels of pipeline (oper- (3) Reassessment by ICDA or SCCDA
ating at or above 30% SMYS) listed in following the requirements in para-
ASME/ANSI B31.8S, section 5, Table 3. graph (a)(3) of this section.
(2) External Corrosion Direct Assess- (4) Reassessment by confirmatory di-
ment. An operator that uses ECDA that rect assessment at 7-year intervals in
meets the requirements of this subpart accordance with § 192.931, with reassess-
must determine the reassessment in- ment by one of the methods listed in
terval according to the requirements in paragraphs (b)(1) through (b)(3) of this
paragraphs 6.2 and 6.3 of NACE RP0502– section by year 20 of the interval.
2002 (incorporated by reference, see (5) Reassessment by the low stress
§ 192.7). assessment method at 7-year intervals
(3) Internal Corrosion or SCC Direct As- in accordance with § 192.941 with reas-
sessment. An operator that uses ICDA sessment by one of the methods listed
or SCCDA in accordance with the re- in paragraphs (b)(1) through (b)(3) of
quirements of this subpart must deter- this section by year 20 of the interval.
mine the reassessment interval accord- (6) The following table sets forth the
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ing to the following method. However, maximum reassessment intervals. Also

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§ 192.941 49 CFR Ch. I (10–1–07 Edition)

refer to Appendix E.II for guidance on ance in the Appendix, the requirements
Assessment Methods and Assessment of the rule control. An operator must
Schedule for Transmission Pipelines comply with the following require-
Operating Below 30% SMYS. In case of ments in establishing a reassessment
conflict between the rule and the guid- interval for a covered segment:
MAXIMUM REASSESSMENT INTERVAL
Pipeline operating at or above Pipeline operating at or above Pipeline operating below 30%
Assessment method 50% SMYS 30% SMYS, up to 50% SMYS SMYS

Internal Inspection Tool, Pres- 10 years (*) ............................. 15 years (*) ............................. 20 years.(**)
sure Test or Direct Assess-
ment.
Confirmatory Direct Assess- 7 years ................................... 7 years ................................... 7 years.
ment.
Low Stress Reassessment ...... Not applicable ........................ Not applicable ........................ 7 years + ongoing actions
specified in § 192.941.
(*) A Confirmatory direct assessment as described in § 192.931 must be conducted by year 7 in a 10-year interval and years 7
and 14 of a 15-year interval.
(**) A low stress reassessment or Confirmatory direct assessment must be conducted by years 7 and 14 of the interval.

[68 FR 69817, Dec. 15, 2003, as amended by impractical on the covered segment an
Amdt. 192–95, 69 FR 18234, Apr. 6, 2004] operator must—
(i) Conduct leakage surveys as re-
§ 192.941 What is a low stress reassess-
ment? quired by § 192.706 at 4-month intervals;
and
(a) General. An operator of a trans- (ii) Every 18 months, identify and re-
mission line that operates below 30% mediate areas of active corrosion by
SMYS may use the following method evaluating leak repair and inspection
to reassess a covered segment in ac- records, corrosion monitoring records,
cordance with § 192.939. This method of
exposed pipe inspection records, and
reassessment addresses the threats of
the pipeline environment.
external and internal corrosion. The
operator must have conducted a base- (c) Internal corrosion. To address the
line assessment of the covered segment threat of internal corrosion on a cov-
in accordance with the requirements of ered segment, an operator must—
§§ 192.919 and 192.921. (1) Conduct a gas analysis for corro-
(b) External corrosion. An operator sive agents at least once each calendar
must take one of the following actions year;
to address external corrosion on the (2) Conduct periodic testing of fluids
low stress covered segment. removed from the segment. At least
(1) Cathodically protected pipe. To ad- once each calendar year test the fluids
dress the threat of external corrosion removed from each storage field that
on cathodically protected pipe in a cov- may affect a covered segment; and
ered segment, an operator must per- (3) At least every seven (7) years, in-
form an electrical survey (i.e. indirect tegrate data from the analysis and
examination tool/method) at least testing required by paragraphs (c)(1)–
every 7 years on the covered segment. (c)(2) with applicable internal corro-
An operator must use the results of sion leak records, incident reports,
each survey as part of an overall eval- safety-related condition reports, repair
uation of the cathodic protection and records, patrol records, exposed pipe re-
corrosion threat for the covered seg- ports, and test records, and define and
ment. This evaluation must consider, implement appropriate remediation ac-
at minimum, the leak repair and in- tions.
spection records, corrosion monitoring
records, exposed pipe inspection [68 FR 69817, Dec. 15, 2003, as amended by
records, and the pipeline environment. Amdt. 192–95, 69 FR 18234, Apr. 6, 2004]
(2) Unprotected pipe or cathodically
protected pipe where electrical surveys are
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Pipeline and Hazardous Materials Safety Administration, DOT § 192.947

§ 192.943 When can an operator devi- the four overall performance measures
ate from these reassessment inter- specified in ASME/ANSI B31.8S (incor-
vals? porated by reference, see § 192.7), sec-
(a) Waiver from reassessment interval in tion 9.4, and the specific measures for
limited situations. In the following lim- each identified threat specified in
ited instances, OPS may allow a waiver ASME/ANSI B31.8S, Appendix A. An
from a reassessment interval required operator must submit the four overall
by § 192.939 if OPS finds a waiver would performance measures, by electronic or
not be inconsistent with pipeline safe- other means, on a semi-annual fre-
ty. quency to OPS in accordance with
(1) Lack of internal inspection tools. An § 192.951. An operator must submit its
operator who uses internal inspection first report on overall performance
as an assessment method may be able measures by August 31, 2004. There-
to justify a longer reassessment period after, the performance measures must
for a covered segment if internal in- be complete through June 30 and De-
spection tools are not available to as- cember 31 of each year and must be
sess the line pipe. To justify this, the submitted within 2 months after those
operator must demonstrate that it can- dates.
not obtain the internal inspection tools (b) External Corrosion Direct assess-
within the required reassessment pe- ment. In addition to the general re-
riod and that the actions the operator quirements for performance measures
is taking in the interim ensure the in- in paragraph (a) of this section, an op-
tegrity of the covered segment. erator using direct assessment to as-
(2) Maintain product supply. An oper- sess the external corrosion threat must
ator may be able to justify a longer re- define and monitor measures to deter-
assessment period for a covered seg- mine the effectiveness of the ECDA
ment if the operator demonstrates that process. These measures must meet the
it cannot maintain local product sup- requirements of § 192.925.
ply if it conducts the reassessment [68 FR 69817, Dec. 15, 2003, as amended by
within the required interval. Amdt. 192–95, 69 FR 18234, Apr. 6, 2004]
(b) How to apply. If one of the condi-
tions specified in paragraph (a) (1) or § 192.947 What records must an oper-
(a) (2) of this section applies, an oper- ator keep?
ator may seek a waiver of the required An operator must maintain, for the
reassessment interval. An operator useful life of the pipeline, records that
must apply for a waiver in accordance demonstrate compliance with the re-
with 49 U.S.C. 60118(c), at least 180 days quirements of this subpart. At min-
before the end of the required reassess- imum, an operator must maintain the
ment interval, unless local product following records for review during an
supply issues make the period imprac- inspection.
tical. If local product supply issues (a) A written integrity management
make the period impractical, an oper- program in accordance with § 192.907;
ator must apply for the waiver as soon (b) Documents supporting the threat
as the need for the waiver becomes identification and risk assessment in
known. accordance with § 192.917;
[68 FR 69817, Dec. 15, 2003, as amended by (c) A written baseline assessment
Amdt. 192–95, 69 FR 18234, Apr. 6, 2004] plan in accordance with § 192.919;
(d) Documents to support any deci-
§ 192.945 What methods must an oper- sion, analysis and process developed
ator use to measure program effec- and used to implement and evaluate
tiveness? each element of the baseline assess-
(a) General. An operator must include ment plan and integrity management
in its integrity management program program. Documents include those de-
methods to measure, on a semi-annual veloped and used in support of any
basis, whether the program is effective identification, calculation, amend-
in assessing and evaluating the integ- ment, modification, justification, devi-
rity of each covered pipeline segment ation and determination made, and any
and in protecting the high consequence action taken to implement and evalu-
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§ 192.949 49 CFR Ch. I (10–1–07 Edition)

(e) Documents that demonstrate per- 7128, 400 Seventh Street SW., Wash-
sonnel have the required training, in- ington, DC 20590;
cluding a description of the training (b) Via facsimile to (202) 366–7128; or
program, in accordance with § 192.915; (c) Through the online reporting sys-
(f) Schedule required by § 192.933 that tem provided by OPS for electronic re-
prioritizes the conditions found during porting available at the OPS Home
an assessment for evaluation and reme- Page at http://ops.dot.gov.
diation, including technical justifica- [68 FR 69817, Dec. 15, 2003, as amended at 70
tions for the schedule. FR 11139, Mar. 8, 2005 ; Amdt. 192–103, 72 FR
(g) Documents to carry out the re- 4657, Feb. 1, 2007]
quirements in §§ 192.923 through 192.929
for a direct assessment plan; APPENDIX A TO PART 192 [RESERVED]
(h) Documents to carry out the re-
quirements in § 192.931 for confirmatory APPENDIX B TO PART 192—
direct assessment; QUALIFICATION OF PIPE
(i) Verification that an operator has I. Listed Pipe Specifications
provided any documentation or notifi- API 5L—Steel pipe, ‘‘API Specification for
cation required by this subpart to be Line Pipe’’ (incorporated by reference, see
provided to OPS, and when applicable, § 192.7).
a State authority with which OPS has ASTM A53/A53M—Steel pipe, ‘‘Standard
an interstate agent agreement, and a Specification for Pipe, Steel Black and Hot-
Dipped, Zinc-Coated, Welded and Seamless’’
State or local pipeline safety authority (incorporated by reference, see § 192.7).
that regulates a covered pipeline seg- ASTM A106—Steel pipe, ‘‘Standard Speci-
ment within that State. fication for Seamless Carbon Steel Pipe for
[68 FR 69817, Dec. 15, 2003, as amended by High Temperature Service’’ (incorporated by
Amdt. 192–95, 69 FR 18234, Apr. 6, 2004] reference, see § 192.7).
ASTM A333/A333M—Steel pipe, ‘‘Standard
Specification for Seamless and Welded Steel
§ 192.949 How does an operator notify
Pipe for Low Temperature Service’’ (incor-
PHMSA?
porated by reference, see § 192.7).
An operator must provide any notifi- ASTM A381—Steel pipe, ‘‘Standard Speci-
cation required by this subpart by— fication for Metal-Arc-Welded Steel Pipe for
(a) Sending the notification to the Use with High-Pressure Transmission Sys-
Information Resources Manager, Office tems’’ (incorporated by reference, see § 192.7).
ASTM A671—Steel pipe, ‘‘Standard Speci-
of Pipeline Safety, Pipeline and Haz- fication for Electric-Fusion-Welded Pipe for
ardous Materials Safety Administra- Atmospheric and Lower Temperatures’’ (in-
tion, U.S. Department of Transpor- corporated by reference, see § 192.7).
tation, Room 7128, 400 Seventh Street, ASTM A672—Steel pipe, ‘‘Standard Speci-
SW., Washington, DC 20590; fication for Electric-Fusion-Welded Steel
(b) Sending the notification to the Pipe for High-Pressure Service at Moderate
Information Resources Manager by fac- Temperatures’’ (incorporated by reference,
see § 192.7).
simile to (202) 366–7128; or
ASTM A691—Steel pipe, ‘‘Standard Speci-
(c) Entering the information directly fication for Carbon and Alloy Steel Pipe,
on the Integrity Management Database Electric-Fusion-Welded for High Pressure
(IMDB) Web site at http:// Service at High Temperatures’’ (incor-
primis.rspa.dot.gov/gasimp/. porated by reference, see § 192.7).
ASTM D2513—Thermoplastic pipe and tub-
[68 FR 69817, Dec. 15, 2003, as amended at 70 ing, ‘‘Standard Specification for Thermo-
FR 11139, Mar. 8, 2005; Amdt. 192–103, 72 FR plastic Gas Pressure Pipe, Tubing, and Fit-
4657, Feb. 1, 2007] tings’’ (incorporated by reference, see § 192.7).
ASTM D2517—Thermosetting plastic pipe
§ 192.951 Where does an operator file a and tubing, ‘‘Standard Specification for Re-
report? inforced Epoxy Resin Gas Pressure Pipe and
An operator must send any perform- Fittings’’ (incorporated by reference, see
ance report required by this subpart to § 192.7).
II. Steel pipe of unknown or unlisted speci-
the Information Resources Manager—
fication.
(a) By mail to the Office of Pipeline A. Bending Properties. For pipe 2 inches (51
Safety, Pipeline and Hazardous Mate- millimeters) or less in diameter, a length of
rials Safety Administration, U.S. De- pipe must be cold bent through at least 90
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partment of Transportation, Room degrees around a cylindrical mandrel that

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Pipeline and Hazardous Materials Safety Administration, DOT Pt. 192, App. C
has a diameter 12 times the diameter of the tions. Steel pipe manufactured before Novem-
pipe, without developing cracks at any por- ber 12, 1970, in accordance with a specifica-
tion and without opening the longitudinal tion of which a later edition is listed in sec-
weld. tion I of this appendix, is qualified for use
For pipe more than 2 inches (51 millime- under this part if the following requirements
ters) in diameter, the pipe must meet the re- are met:
quirements of the flattening tests set forth A. Inspection. The pipe must be clean
in ASTM A53 (incorporated by reference, see enough to permit adequate inspection. It
§ 192.7), except that the number of tests must must be visually inspected to ensure that it
be at least equal to the minimum required in is reasonably round and straight and that
paragraph II-D of this appendix to determine there are no defects which might impair the
yield strength. strength or tightness of the pipe.
B. Weldability. A girth weld must be made B. Similarity of specification requirements.
in the pipe by a welder who is qualified under The edition of the listed specification under
subpart E of this part. The weld must be which the pipe was manufactured must have
made under the most severe conditions under substantially the same requirements with re-
which welding will be allowed in the field spect to the following properties as a later
and by means of the same procedure that edition of that specification listed in section
will be used in the field. On pipe more than I of this appendix:
4 inches (102 millimeters) in diameter, at (1) Physical (mechanical) properties of
least one test weld must be made for each 100 pipe, including yield and tensile strength,
lengths of pipe. On pipe 4 inches (102 milli- elongation, and yield to tensile ratio, and
meters) or less in diameter, at least one test testing requirements to verify those prop-
weld must be made for each 400 lengths of erties.
pipe. The weld must be tested in accordance (2) Chemical properties of pipe and testing
with API Standard 1104 (incorporated by ref- requirements to verify those properties.
erence, see § 192.7). If the requirements of API C. Inspection or test of welded pipe. On pipe
Standard 1104 cannot be met, weldability with welded seams, one of the following re-
may be established by making chemical quirements must be met:
tests for carbon and manganese, and pro- (1) The edition of the listed specification to
ceeding in accordance with section IX of the which the pipe was manufactured must have
ASME Boiler and Pressure Vessel Code (ibr, substantially the same requirements with re-
see 192.7). The same number of chemical tests spect to nondestructive inspection of welded
must be made as are required for testing a seams and the standards for acceptance or
girth weld. rejection and repair as a later edition of the
C. Inspection. The pipe must be clean specification listed in section I of this appen-
enough to permit adequate inspection. It dix.
must be visually inspected to ensure that it (2) The pipe must be tested in accordance
is reasonably round and straight and there with subpart J of this part to at least 1.25
are no defects which might impair the times the maximum allowable operating
strength or tightness of the pipe. pressure if it is to be installed in a class 1 lo-
D. Tensile Properties. If the tensile prop- cation and to at least 1.5 times the max-
erties of the pipe are not known, the min- imum allowable operating pressure if it is to
imum yield strength may be taken as 24,000 be installed in a class 2, 3, or 4 location. Not-
p.s.i. (165 MPa) or less, or the tensile prop- withstanding any shorter time period per-
erties may be established by performing ten- mitted under subpart J of this part, the test
sile tests as set forth in API Specification 5L pressure must be maintained for at least 8
(incorporated by reference, see § 192.7). All hours.
test specimens shall be selected at random [35 FR 13257, Aug. 19, 1970]
and the following number of tests must be
performed: EDITORIAL NOTE: For FEDERAL REGISTER ci-
tations affecting appendix B of part 192, see
NUMBER OF TENSILE TESTS—ALL SIZES the List of CFR Sections Affected, which ap-
pears in the Finding Aids section of the
10 lengths or less .................. 1 set of tests for each length. printed volume and on GPO Access.
11 to 100 lengths ................... 1 set of tests for each 5
lengths, but not less than
10 tests. APPENDIX C TO PART 192—QUALIFICA-
Over 100 lengths ................... 1 set of tests for each 10 TION OF WELDERS FOR LOW STRESS
lengths, but not less than LEVEL PIPE
20 tests.
I. Basic test. The test is made on pipe 12
If the yield-tensile ratio, based on the prop- inches (305 millimeters) or less in diameter.
erties determined by those tests, exceeds The test weld must be made with the pipe in
0.85, the pipe may be used only as provided in a horizontal fixed position so that the test
§ 192.55(c). weld includes at least one section of over-
III. Steel pipe manufactured before November head position welding. The beveling, root
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12, 1970, to earlier editions of listed specifica- opening, and other details must conform to

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Pt. 192, App. D 49 CFR Ch. I (10–1–07 Edition)
the specifications of the procedure under (2) A negative (cathodic) voltage shift of at
which the welder is being qualified. Upon least 300 millivolts. Determination of this
completion, the test weld is cut into four voltage shift must be made with the protec-
coupons and subjected to a root bend test. If, tive current applied, and in accordance with
as a result of this test, two or more of the sections II and IV of this appendix. This cri-
four coupons develop a crack in the weld ma- terion of voltage shift applies to structures
terial, or between the weld material and base not in contact with metals of different an-
metal, that is more than 1⁄8-inch (3.2 millime- odic potentials.
ters) long in any direction, the weld is unac- (3) A minimum negative (cathodic) polar-
ceptable. Cracks that occur on the corner of ization voltage shift of 100 millivolts. This
the specimen during testing are not consid- polarization voltage shift must be deter-
ered. A welder who successfully passes a mined in accordance with sections III and IV
butt-weld qualification test under this sec- of this appendix.
tion shall be qualified to weld on all pipe di- (4) A voltage at least as negative (cathodic)
ameters less than or equal to 12 inches. as that originally established at the begin-
ning of the Tafel segment of the E-log-I
II. Additional tests for welders of service line
curve. This voltage must be measured in ac-
connections to mains. A service line connec-
cordance with section IV of this appendix.
tion fitting is welded to a pipe section with
(5) A net protective current from the elec-
the same diameter as a typical main. The
trolyte into the structure surface as meas-
weld is made in the same position as it is
ured by an earth current technique applied
made in the field. The weld is unacceptable at predetermined current discharge (anodic)
if it shows a serious undercutting or if it has points of the structure.
rolled edges. The weld is tested by attempt- B. Aluminum structures. (1) Except as pro-
ing to break the fitting off the run pipe. The vided in paragraphs (3) and (4) of this para-
weld is unacceptable if it breaks and shows graph, a minimum negative (cathodic) volt-
incomplete fusion, overlap, or poor penetra- age shift of 150 millivolts, produced by the
tion at the junction of the fitting and run application of protective current. The volt-
pipe. age shift must be determined in accordance
III. Periodic tests for welders of small service with sections II and IV of this appendix.
lines. Two samples of the welder’s work, each (2) Except as provided in paragraphs (3) and
about 8 inches (203 millimeters) long with (4) of this paragraph, a minimum negative
the weld located approximately in the cen- (cathodic) polarization voltage shift of 100
ter, are cut from steel service line and tested millivolts. This polarization voltage shift
as follows: must be determined in accordance with sec-
(1) One sample is centered in a guided bend tions III and IV of this appendix.
testing machine and bent to the contour of (3) Notwithstanding the alternative min-
the die for a distance of 2 inches (51 millime- imum criteria in paragraphs (1) and (2) of
ters) on each side of the weld. If the sample this paragraph, aluminum, if cathodically
shows any breaks or cracks after removal protected at voltages in excess of 1.20 volts
from the bending machine, it is unaccept- as measured with reference to a copper-cop-
able. per sulfate half cell, in accordance with sec-
(2) The ends of the second sample are flat- tion IV of this appendix, and compensated
tened and the entire joint subjected to a ten- for the voltage (IR) drops other than those
sile strength test. If failure occurs adjacent across the structure-electrolyte boundary
to or in the weld metal, the weld is unaccept- may suffer corrosion resulting from the
able. If a tensile strength testing machine is build-up of alkali on the metal surface. A
not available, this sample must also pass the voltage in excess of 1.20 volts may not be
bending test prescribed in subparagraph (1) used unless previous test results indicate no
of this paragraph. appreciable corrosion will occur in the par-
ticular environment.
[35 FR 13257, Aug. 19, 1970, as amended by (4) Since aluminum may suffer from corro-
Amdt. 192–85, 63 FR 37504, July 13, 1998; sion under high pH conditions, and since ap-
Amdt. 192–94, 69 FR 32896, June 14, 2004] plication of cathodic protection tends to in-
crease the pH at the metal surface, careful
APPENDIX D TO PART 192—CRITERIA FOR investigation or testing must be made before
CATHODIC PROTECTION AND DETER- applying cathodic protection to stop pitting
MINATION OF MEASUREMENTS attack on aluminum structures in environ-
ments with a natural pH in excess of 8.
I. Criteria for cathodic protection— A. Steel, C. Copper structures. A minimum negative
cast iron, and ductile iron structures. (1) A neg- (cathodic) polarization voltage shift of 100
ative (cathodic) voltage of at least 0.85 volt, millivolts. This polarization voltage shift
with reference to a saturated copper-copper must be determined in accordance with sec-
sulfate half cell. Determination of this volt- tions III and IV of this appendix.
age must be made with the protective cur- D. Metals of different anodic potentials. A
rent applied, and in accordance with sections negative (cathodic) voltage, measured in ac-
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Pipeline and Hazardous Materials Safety Administration, DOT Pt. 192, App. E
equal to that required for the most anodic ferred to a saturated copper-copper sulfate
metal in the system must be maintained. If half cell:
amphoteric structures are involved that (1) Saturated KCl calomel half cell: ¥0.78
could be damaged by high alkalinity covered volt.
by paragraphs (3) and (4) of paragraph B of (2) Silver-silver chloride half cell used in
this section, they must be electrically iso- sea water: ¥0.80 volt.
lated with insulating flanges, or the equiva- C. In addition to the standard reference
lent. half cells, an alternate metallic material or
II. Interpretation of voltage measurement. structure may be used in place of the satu-
Voltage (IR) drops other than those across rated copper-copper sulfate half cell if its po-
the structure-electrolyte boundary must be tential stability is assured and if its voltage
considered for valid interpretation of the equivalent referred to a saturated copper-
voltage measurement in paragraphs A(1) and copper sulfate half cell is established.
(2) and paragraph B(1) of section I of this ap-
[Amdt. 192–4, 36 FR 12305, June 30, 1971]
pendix.
III. Determination of polarization voltage APPENDIX E TO PART 192—GUIDANCE ON
shift. The polarization voltage shift must be
DETERMINING HIGH CONSEQUENCE
determined by interrupting the protective
current and measuring the polarization AREAS AND ON CARRYING OUT RE-
decay. When the current is initially inter- QUIREMENTS IN THE INTEGRITY MAN-
rupted, an immediate voltage shift occurs. AGEMENT RULE
The voltage reading after the immediate
shift must be used as the base reading from I. GUIDANCE ON DETERMINING A HIGH
which to measure polarization decay in para- CONSEQUENCE AREA
graphs A(3), B(2), and C of section I of this To determine which segments of an opera-
appendix. tor’s transmission pipeline system are cov-
IV. Reference half cells. A. Except as pro- ered for purposes of the integrity manage-
vided in paragraphs B and C of this section, ment program requirements, an operator
negative (cathodic) voltage must be meas- must identify the high consequence areas.
ured between the structure surface and a An operator must use method (1) or (2) from
saturated copper-copper sulfate half cell con- the definition in § 192.903 to identify a high
tacting the electrolyte. consequence area. An operator may apply
B. Other standard reference half cells may one method to its entire pipeline system, or
be substituted for the saturated cooper-cop- an operator may apply one method to indi-
per sulfate half cell. Two commonly used ref- vidual portions of the pipeline system. (Refer
erence half cells are listed below along with to figure E.I.A for a diagram of a high con-
their voltage equivalent to ¥0.85 volt as re- sequence area).
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II. GUIDANCE ON ASSESSMENT METHODS AND (i.e. outside of potential impact circle) but
ADDITIONAL PREVENTIVE AND MITIGATIVE located within a Class 3 or Class 4 Location.
MEASURES FOR TRANSMISSION PIPELINES (b) Table E.II.2 gives guidance to help an
operator implement requirements on assess-
(a) Table E.II.1 gives guidance to help an
operator implement requirements on addi- ment methods for addressing time dependent
tional preventive and mitigative measures and independent threats for a transmission
for addressing time dependent and inde- pipeline in an HCA.
pendent threats for a transmission pipeline (c) Table E.II.3 gives guidance on preventa-
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operating below 30% SMYS not in an HCA tive & mitigative measures addressing time

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dependent and independent threats for trans-
mission pipelines that operate below 30%
SMYS, in HCAs.
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Pt. 193 49 CFR Ch. I (10–1–07 Edition)
[Amdt. 192–95, 69 FR 18234, Apr. 6, 2004, as 193.2305–193.2319 [Reserved]
amended by Amdt. 192–95, May 26, 2004] 193.2321 Nondestructive tests.
193.2323–193.2329 [Reserved]
PART 193—LIQUEFIED NATURAL Subpart E—Equipment
GAS FACILITIES: FEDERAL SAFETY
STANDARDS 193.2401 Scope.

VAPORIZATION EQUIPMENT
Subpart A—General
193.2403–193.2439 [Reserved]
Sec. 193.2441 Control center.
193.2001 Scope of part. 193.2443 [Reserved]
193.2003 [Reserved] 193.2445 Sources of power.
193.2005 Applicability.
193.2007 Definitions. Subpart F—Operations
193.2009 Rules of regulatory construction.
193.2011 Reporting. 193.2501 Scope.
193.2013 Incorporation by reference. 193.2503 Operating procedures.
193.2015 [Reserved] 193.2505 Cooldown.
193.2017 Plans and procedures. 193.2507 Monitoring operations.
193.2019 Mobile and temporary LNG facili- 193.2509 Emergency procedures.
ties. 193.2511 Personnel safety.
193.2513 Transfer procedures.
Subpart B—Siting Requirements 193.2515 Investigations of failures.
193.2517 Purging.
193.2051 Scope. 193.2519 Communication systems.
193.2055 [Reserved] 193.2521 Operating records.
193.2057 Thermal radiation protection.
193.2059 Flammable vapor-gas dispersion
Subpart G—Maintenance
protection.
193.2061–193.2065 [Reserved] 193.2601 Scope.
193.2067 Wind forces. 193.2603 General.
193.2069–193.2073 [Reserved] 193.2605 Maintenance procedures.
193.2607 Foreign material.
Subpart C—Design 193.2609 Support systems.
193.2101 Scope. 193.2611 Fire protection.
193.2613 Auxiliary power sources.
MATERIALS 193.2615 Isolating and purging.
193.2617 Repairs.
193.2103–193.2117 [Reserved] 193.2619 Control systems.
193.2119 Records. 193.2621 Testing transfer hoses.
DESIGN OF COMPONENTS AND BUILDINGS 193.2623 Inspecting LNG storage tanks.
193.2625 Corrosion protection.
193.2121–193.2153 [Reserved] 193.2627 Atmospheric corrosion control.
193.2629 External corrosion control: buried
IMPOUNDMENT DESIGN AND CAPACITY or submerged components.
193.2155 Structural requirements. 193.2631 Internal corrosion control.
193.2157–193.2159 [Reserved] 193.2633 Interference currents.
193.2161 Dikes, general. 193.2635 Monitoring corrosion control.
193.2163–193.2165 [Reserved] 193.2637 Remedial measures.
193.2167 Covered systems. 193.2639 Maintenance records.
193.2169–193.2171 [Reserved]
193.2173 Water removal. Subpart H—Personnel Qualifications and
193.2175–193.2179 [Reserved] Training
193.2181 Impoundment capacity: LNG stor-
age tanks. 193.2701 Scope.
193.2183–193.2185 [Reserved] 193.2703 Design and fabrication.
193.2705 Construction, installation, inspec-
LNG STORAGE TANKS tion, and testing.
193.2187 Nonmetallic membrane liner. 193.2707 Operations and maintenance.
193.2189–193.2233 [Reserved] 193.2709 Security.
193.2711 Personnel health.
Subpart D—Construction 193.2713 Training: operations and mainte-
nance.
193.2301 Scope. 193.2715 Training: security.
193.2303 Construction acceptance. 193.2717 Training: fire protection.
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193.2304 Corrosion control overview. 193.2719 Training: records.

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Pipeline and Hazardous Materials Safety Administration, DOT § 193.2007

Subpart I—Fire Protection construction of LNG facilities (includ-


ing material incorporated by reference
193.2801 Fire protection.
193.2803–193.2821 [Reserved]
in these regulations) do not apply to
LNG facilities in existence or under
Subpart J—Security construction when the regulations go
into effect.
193.2901 Scope. (b) If an existing LNG facility (or fa-
193.2903 Security procedures. cility under construction before March
193.2905 Protective enclosures.
193.2907 Protective enclosure construction.
31, 2000 is replaced, relocated or signifi-
193.2909 Security communications. cantly altered after March 31, 2000, the
193.2911 Security lighting. facility must comply with the applica-
193.2913 Security monitoring. ble requirements of this part gov-
193.2915 Alternative power sources. erning, siting, design, installation, and
193.2917 Warning signs. construction, except that:
AUTHORITY: 49 U.S.C. 5103, 60102, 60103, (1) The siting requirements apply
60104, 60108, 60109, 60110, 60113, 60118; and 49 only to LNG storage tanks that are sig-
CFR 1.53. nificantly altered by increasing the
SOURCE: 45 FR 9203, Feb. 11, 1980, unless original storage capacity or relocated,
otherwise noted. and
EDITORIAL NOTE: Nomenclature changes to (2) To the extent compliance with the
part 193 appear at 71 FR 33408, June 9, 2006. design, installation, and construction
requirements would make the replaced,
relocated, or altered facility incompat-
Subpart A—General ible with the other facilities or would
§ 193.2001 Scope of part. otherwise be impractical, the replaced,
relocated, or significantly altered facil-
(a) This part prescribes safety stand-
ity may be designed, installed, or con-
ards for LNG facilities used in the
structed in accordance with the origi-
transportation of gas by pipeline that
nal specifications for the facility, or in
is subject to the pipeline safety laws
another manner subject to the ap-
(49 U.S.C. 60101 et seq.) and Part 192 of
proval of the Administrator.
this chapter.
(b) This part does not apply to: [Amdt. 193–17, 65 FR 10958, Mar. 1, 2000, as
(1) LNG facilities used by ultimate amended by Amdt. 193–18, 69 FR 11336, Mar.
consumers of LNG or natural gas. 10, 2004]
(2) LNG facilities used in the course
of natural gas treatment or hydro- § 193.2007 Definitions.
carbon extraction which do not store As used in this part:
LNG. Administrator means the Adminis-
(3) In the case of a marine cargo trator, Pipeline and Hazardous Mate-
transfer system and associated facili- rials Safety Administration or his or
ties, any matter other than siting per- her delegate.
taining to the system or facilities be- Ambient vaporizer means a vaporizer
tween the marine vessel and the last which derives heat from naturally oc-
manifold (or in the absence of a mani- curring heat sources, such as the at-
fold, the last valve) located imme- mosphere, sea water, surface waters, or
diately before a storage tank. geothermal waters.
(4) Any LNG facility located in navi- Cargo transfer system means a compo-
gable waters (as defined in Section 3(8) nent, or system of components func-
of the Federal Power Act (16 U.S.C. tioning as a unit, used exclusively for
796(8)). transferring hazardous fluids in bulk
[45 FR 9203, Feb. 11, 1980, as amended by
between a tank car, tank truck, or ma-
Amdt. 193–1, 45 FR 57418, Aug. 28, 1980; Amdt. rine vessel and a storage tank.
193–10, 61 FR 18517, Apr. 26, 1996] Component means any part, or system
of parts functioning as a unit, includ-
§ 193.2003 [Reserved] ing, but not limited to, piping, proc-
essing equipment, containers, control
§ 193.2005 Applicability. devices, impounding systems, lighting,
(a) Regulations in this part gov- security devices, fire control equip-
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§ 193.2007 49 CFR Ch. I (10–1–07 Edition)

whose integrity or reliability is nec- Gas, except when designated as inert,


essary to maintain safety in control- means natural gas, other flammable
ling, processing, or containing a haz- gas, or gas which is toxic or corrosive.
ardous fluid. Hazardous fluid means gas or haz-
Container means a component other ardous liquid.
than piping that contains a hazardous Hazardous liquid means LNG or a liq-
fluid. uid that is flammable or toxic.
Control system means a component, or Heated vaporizer means a vaporizer
system of components functioning as a which derives heat from other than
unit, including control valves and sens- naturally occurring heat sources.
Impounding space means a volume of
ing, warning, relief, shutdown, and
space formed by dikes and floors which
other control devices, which is acti-
is designed to confine a spill of haz-
vated either manually or automati-
ardous liquid.
cally to establish or maintain the per-
Impounding system includes an im-
formance of another component.
pounding space, including dikes and
Controllable emergency means an floors for conducting the flow of spilled
emergency where reasonable and pru- hazardous liquids to an impounding
dent action can prevent harm to people space.
or property. Liquefied natural gas or LNG means
Design pressure means the pressure natural gas or synthetic gas having
used in the design of components for methane (CH4) as its major constituent
the purpose of determining the min- which has been changed to a liquid.
imum permissible thickness or phys- LNG facility means a pipeline facility
ical characteristics of its various parts. that is used for liquefying natural gas
When applicable, static head shall be or synthetic gas or transferring, stor-
included in the design pressure to de- ing, or vaporizing liquefied natural gas.
termine the thickness of any specific LNG plant means an LNG facility or
part. system of LNG facilities functioning as
Determine means make an appro- a unit.
priate investigation using scientific m3 means a volumetric unit which is
methods, reach a decision based on one cubic metre, 6.2898 barrels, 35.3147
sound engineering judgment, and be ft.3, or 264.1720 U.S. gallons, each vol-
able to demonstrate the basis of the de- ume being considered as equal to the
cision. other.
Dike means the perimeter of an im- Maximum allowable working pressure
pounding space forming a barrier to means the maximum gage pressure per-
prevent liquid from flowing in an unin- missible at the top of the equipment,
tended direction. containers or pressure vessels while op-
Emergency means a deviation from erating at design temperature.
normal operation, a structural failure, Normal operation means functioning
within ranges of pressure, temperature,
or severe environmental conditions
flow, or other operating criteria re-
that probably would cause harm to
quired by this part.
people or property.
Operator means a person who owns or
Exclusion zone means an area sur- operates an LNG facility.
rounding an LNG facility in which an Person means any individual, firm,
operator or government agency legally joint venture, partnership, corporation,
controls all activities in accordance association, state, municipality, coop-
with § 193.2057 and § 193.2059 for as long erative association, or joint stock asso-
as the facility is in operation. ciation and includes any trustee, re-
Fail-safe means a design feature ceiver, assignee, or personal represent-
which will maintain or result in a safe ative thereof.
condition in the event of malfunction Pipeline facility means new and exist-
or failure of a power supply, compo- ing piping, rights-of-way, and any
nent, or control device. equipment, facility, or building used in
g means the standard acceleration of the transportation of gas or in the
gravity of 9.806 meters per second2 treatment of gas during the course of
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Pipeline and Hazardous Materials Safety Administration, DOT 193.2013

Piping means pipe, tubing, hoses, fit- § 193.2011 Reporting.


tings, valves, pumps, connections, safe- Leaks and spills of LNG must be re-
ty devices or related components for ported in accordance with the require-
containing the flow of hazardous fluids. ments of part 191 of this chapter.
Storage tank means a container for
storing a hazardous fluid. 193.2013 Incorporation by reference.
Transfer piping means a system of (a) Any document or portion thereof
permanent and temporary piping used incorporated by reference in this part
for transferring hazardous fluids be- is included in this part as though it
tween any of the following: Lique- were printed in full. When only a por-
faction process facilities, storage tion of a document is referenced, then
tanks, vaporizers, compressors, cargo this part incorporates only that ref-
transfer systems, and facilities other erenced portion of the document and
than pipeline facilities. the remainder is not incorporated. Ap-
Transfer system includes transfer pip- plicable editions are listed in para-
ing and cargo transfer system. graph (c) of this section in parentheses
Vaporization means an addition of following the title of the referenced
thermal energy changing a liquid to a material. Earlier editions listed in pre-
vapor or gaseous state. vious editions of this section may be
used for components manufactured, de-
Vaporizer means a heat transfer facil-
signed, or installed in accordance with
ity designed to introduce thermal en- those earlier editions at the time they
ergy in a controlled manner for chang- were listed. The user must refer to the
ing a liquid to a vapor or gaseous state. appropriate previous edition of 49 CFR
Waterfront LNG plant means an LNG for a listing of the earlier editions.
plant with docks, wharves, piers, or (b) All incorporated materials are
other structures in, on, or immediately available for inspection in the Pipeline
adjacent to the navigable waters of the and Hazardous Materials Safety Ad-
United States or Puerto Rico and any ministration, 400 Seventh Street, SW.,
shore area immediately adjacent to Washington, DC, or at the National Ar-
those waters to which vessels may be chives and Records Administration
secured and at which LNG cargo oper- (NARA). For information on the avail-
ations may be conducted. ability of this material at NARA, call
202–741–6030 or go to: http://
[45 FR 9203, Feb. 11, 1980, as amended by www.archives.gov/federallregister/
Amdt. 193–1, 45 FR 57418, Aug. 28, 1980; Amdt.
codeloflfederallregulations/
193–2, 45 FR 70404, Oct. 23, 1980; Amdt. 193–10,
61 FR 18517, Apr. 26, 1996; Amdt. 193–17, 65 FR
IBRllocations.html.
10958, Mar. 1, 2000; 68 FR 11749, Mar. 12, 2003; Documents incorporated by reference
70 FR 11140, Mar. 8, 2005] are available from the publishers as
follows:
§ 193.2009 Rules of regulatory con- A. American Gas Association (AGA),
struction. 400 North Capitol Street, NW., Wash-
ington, DC 20001.
(a) As used in this part:
B. American Society of Civil Engi-
(1) Includes means including but not neers (ASCE), Parallel Centre, 1801 Al-
limited to; exander Bell Drive, Reston, VA 20191–
(2) May means is permitted to or is 4400.
authorized to; C. ASME International (ASME),
(3) May not means is not permitted to Three Park Avenue, New York, NY
or is not authorized to; and 10016–5990.
(4) Shall or must is used in the manda- D. Gas Technology Institute (GTI),
tory and imperative sense. 1700 S. Mount Prospect Road, Des
(b) In this part: Plaines, IL 60018.
(1) Words importing the singular in- E. National Fire Protection Associa-
clude the plural; and tion (NFPA), 1 Batterymarch Park,
(2) Words importing the plural in- P.O. Box 9101, Quincy, MA 02269–9101.
clude the singular. (c) Documents incorporated by ref-
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erence.

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§ 193.2015 49 CFR Ch. I (10–1–07 Edition)

Source and name of referenced material 49 CFR reference

A. American Gas Association (AGA):


(1) ‘‘Purging Principles and Practices,’’ (3rd edition, 2001). .................................. §§ 193.2513; 193.2517; 193.2615.
B. American Society of Civil Engineers (ASCE):
(1) SEI/ASCE 7–02 ‘‘Minimum Design Loads for Buildings and Other Struc- § 193.2067.
tures,’’ (2002 edition)..
C. ASME International (ASME):
(1) ASME Boiler and Pressure Vessel Code, Section VIII, Division 1, ‘‘Rules for § 193.2321.
Construction of Pressure Vessels,’’ (2004 edition, including addenda through
July 1, 2005).
(2) ASME Boiler and Pressure Vessel Code, Section VIII, Division 2, ‘‘Rules for § 193.2321.
Construction of Pressure Vessels—Alternative Rules,’’ (2004 edition, including
addenda through July 1, 2005).
D. Gas Technology Institute (GTI):
(1) GRI–89/0176 ‘‘LNGFIRE: A Thermal Radiation Model for LNG Fires,’’ (June § 193.2057.
29, 1990).
(2) GTI–04/0049 (April 2004) ‘‘LNG Vapor Dispersion Prediction with the § 193.2059.
DEGADIS 2.1: Dense Gas Dispersion Model for LNG Vapor Dispersion’’.
(3) GRI–96/0396.5 ‘‘Evaluation of Mitigation Methods for Accidental LNG Re- § 193.2059.
leases, Volume 5: Using FEM3A for LNG Accident Consequence Analyses,’’
(April 1997).
E. National Fire Protection Association (NFPA):
(1) NFPA 59A (2001) ‘‘Standard for the Production, Storage, and Handling of §§ 193.2019; 193.2051; 193.2057;
Liquefied Natural Gas (LNG).’’. 193.2059; 193.2101; 193.2301;
193.2303; 193.2401; 193.2521;
193.2639; 193.2801.

[Amdt. 193–19, 71 FR 33408, June 9, 2006] (1) When a component is changed sig-
nificantly or a new component is in-
§ 193.2015 [Reserved] stalled; and
(2) At intervals not exceeding 27
§ 193.2017 Plans and procedures.
months, but at least once every 2 cal-
(a) Each operator shall maintain at endar years.
each LNG plant the plans and proce-
dures required for that plant by this [Amdt. 193–2, 45 FR 70404, Oct. 23, 1980, as
part. The plans and procedures must be amended by Amdt. 193–7, 56 FR 31090, July 9,
1991; Amdt. 193–10, 61 FR 18517, Apr. 26, 1996;
available upon request for review and
Amdt. 193–18, 69 FR 11336, Mar. 10, 2004]
inspection by the Administrator or any
State Agency that has submitted a cur- § 193.2019 Mobile and temporary LNG
rent certification or agreement with facilities.
respect to the plant under the pipeline
safety laws (49 U.S.C. 60101 et seq.). In (a) Mobile and temporary LNG facili-
addition, each change to the plans or ties for peakshaving application, for
procedures must be available at the service maintenance during gas pipe-
LNG plant for review and inspection line systems repair/alteration, or for
within 20 days after the change is other short term applications need not
made. meet the requirements of this part if
(b) The Administrator or the State the facilities are in compliance with
Agency that has submitted a current applicable sections of NFPA 59A (incor-
certification under section 5(a) of the porated by reference, see § 193.2013).
Natural Gas Pipeline Safety Act with (b) The State agency having jurisdic-
respect to the pipeline facility gov- tion over pipeline safety in the State in
erned by an operator’s plans and proce- which the portable LNG equipment is
dures may, after notice and oppor- to be located must be provided with a
tunity for hearing as provided in 49 location description for the installa-
CFR 190.237 or the relevant State pro- tion at least 2 weeks in advance, in-
cedures, require the operator to amend cluding to the extent practical, the de-
its plans and procedures as necessary tails of siting, leakage containment or
to provide a reasonable level of safety. control, fire fighting equipment, and
(c) Each operator must review and methods employed to restrict public
update the plans and procedures re-
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quired by this part—

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Pipeline and Hazardous Materials Safety Administration, DOT § 193.2059

access, except that in the case of emer- than five percent of the time based on
gency where such notice is not pos- recorded data for the area.
sible, as much advance notice as pos-
[Amdt. 193–17, 65 FR 10958, Mar. 1, 2000, as
sible must be provided.
amended by Amdt. 193–18, 69 FR 11336, Mar.
[Amdt. 193–14, 62 FR 41311, Aug. 1, 1997, as 10, 2004]
amended by Amdt. 193–18, 11336, Mar. 10, 2004]
§ 193.2059 Flammable vapor-gas dis-
persion protection.
Subpart B—Siting Requirements
Each LNG container and LNG trans-
§ 193.2051 Scope. fer system must have a dispersion ex-
Each LNG facility designed, con- clusion zone in accordance with sec-
structed, replaced, relocated or signifi- tions 2.2.3.3 and 2.2.3.4 of NFPA 59A (in-
cantly altered after March 31, 2000 corporated by reference, see § 193.2013)
must be provided with siting require- with the following exceptions:
ments in accordance with the require- (a) Flammable vapor-gas dispersion
ments of this part and of NFPA 59A distances must be determined in ac-
(incorporated by reference, see cordance with the model described in
§ 193.2013). In the event of a conflict be- the Gas Research Institute report GRI–
tween this part and NFPA 59A, this 89/0242 (incorporated by reference, see
part prevails. § 193.2013), ‘‘LNG Vapor Dispersion Pre-
diction with the DEGADIS Dense Gas
[Amdt. 193–17, 65 FR 10958, Mar. 1, 2000, as Dispersion Model.’’ Alternatively, in
amended by Amdt. 193–18, 69 FR 11336, Mar.
order to account for additional cloud
10, 2004]
dilution which may be caused by the
§ 193.2055 [Reserved] complex flow patterns induced by tank
and dike structure, dispersion dis-
§ 193.2057 Thermal radiation protec- tances may be calculated in accordance
tion. with the model described in the Gas
Each LNG container and LNG trans- Research Institute report GRI–96/0396.5
fer system must have a thermal exclu- (incorporated by reference, see
sion zone in accordance with section § 193.2013), ‘‘Evaluation of Mitigation
2.2.3.2 of NFPA 59A (incorporated by Methods for Accidental LNG Releases.
reference, see § 193.2013) with the fol- Volume 5: Using FEM3A for LNG Acci-
lowing exceptions: dent Consequence Analyses’’. The use
(a) The thermal radiation distances of alternate models which take into ac-
shall be calculated using Gas Research count the same physical factors and
Institute’s (GRI) report GRI–89/0176 (in- have been validated by experimental
corporated by reference, see § 193.2013), test data shall be permitted, subject to
which is also available as the the Administrator’s approval.
‘‘LNGFIRE III’’ computer model pro- (b) The following dispersion param-
duced by GRI. The use of other alter- eters must be used in computing dis-
nate models which take into account persion distances:
the same physical factors and have (1) Average gas concentration in air =
been validated by experimental test 2.5 percent.
data shall be permitted subject to the (2) Dispersion conditions are a com-
Administrator’s approval. bination of those which result in longer
(b) In calculating exclusion dis- predicted downwind dispersion dis-
tances, the wind speed producing the tances than other weather conditions
maximum exclusion distances shall be at the site at least 90 percent of the
used except for wind speeds that occur time, based on figures maintained by
less than 5 percent of the time based on National Weather Service of the U.S.
recorded data for the area. Department of Commerce, or as an al-
(c) In calculating exclusion dis- ternative where the model used gives
tances, the ambient temperature and longer distances at lower wind speeds,
relative humidity that produce the Atmospheric Stability (Pasquill Class)
maximum exclusion distances shall be F, wind speed = 4.5 miles per hour (2.01
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§§ 193.2061–193.2065 49 CFR Ch. I (10–1–07 Edition)

meters, relative humidity = 50.0 per- the probabilistic methodology is reli-


cent, and atmospheric temperature = able.
average in the region. [45 FR 9203, Feb. 11, 1980, as amended by
(3) The elevation for contour (recep- Amdt. 193–1, 45 FR 57419, Aug. 28, 1980; 58 FR
tor) output H = 0.5 meters. 14522, Mar. 18, 1993; Amdt. 193–16, 63 FR 37505,
(4) A surface roughness factor of 0.03 July 13, 1998; Amdt. 193–17, 65 FR 10959, Mar.
meters shall be used. Higher values for 1, 2000; Amdt. 193–19, 71 FR 33409, June 9, 2006]
the roughness factor may be used if it §§ 193.2069–193.2073 [Reserved]
can be shown that the terrain both
upwind and downwind of the vapor
cloud has dense vegetation and that Subpart C—Design
the vapor cloud height is more than § 193.2101 Scope.
ten times the height of the obstacles
Each LNG facility designed after
encountered by the vapor cloud.
March 31, 2000 must comply with re-
(c) The design spill shall be deter-
quirements of this part and of NFPA
mined in accordance with section
59A (incorporated by reference, see
2.2.3.5 of NFPA 59A (incorporated by
§ 193.2013). In the event of a conflict be-
reference, see § 193.2013). tween this part and NFPA 59A, this
[Amdt. 193–17, 65 FR 10959, Mar. 1, 2000, as part prevails.
amended by Amdt. 193–18, 69 FR 11336, Mar.
[Amdt. 193–17, 65 FR 10959, Mar. 1, 2000, as
10, 2004]
amended by Amdt. 193–18, 69 FR 11336, Mar.
10, 2004]
§§ 193.2061–193.2065 [Reserved]
MATERIALS
§ 193.2067 Wind forces.
(a) LNG facilities must be designed §§ 193.2103–193.2117 [Reserved]
to withstand without loss of structural § 193.2119 Records
or functional integrity:
(1) The direct effect of wind forces; Each operator shall keep a record of
all materials for components, build-
(2) The pressure differential between
ings, foundations, and support systems,
the interior and exterior of a confining,
as necessary to verify that material
or partially confining, structure; and
properties meet the requirements of
(3) In the case of impounding systems this part. These records must be main-
for LNG storage tanks, impact forces tained for the life of the item con-
and potential penetrations by wind cerned.
borne missiles.
(b) The wind forces at the location of DESIGN OF COMPONENTS AND BUILDINGS
the specific facility must be based on
one of the following: §§ 193.2121–193.2153 [Reserved]
(1) For shop fabricated containers of
IMPOUNDMENT DESIGN AND CAPACITY
LNG or other hazardous fluids with a
capacity of not more than 70,000 gal- § 193.2155 Structural requirements.
lons, applicable wind load data in SEI/
(a) The structural members of an im-
ASCE 7–02 (incorporated by reference,
poundment system must be designed
see § 193.2013).
and constructed to prevent impairment
(2) For all other LNG facilities: of the system’s performance reliability
(i) An assumed sustained wind veloc- and structural integrity as a result of
ity of not less than 150 miles per hour, the following:
unless the Administrator finds a lower (1) The imposed loading from—
velocity is justified by adequate sup- (i) Full hydrostatic head of im-
portive data; or pounded LNG;
(ii) The most critical combination of (ii) Hydrodynamic action, including
wind velocity and duration, with re- the effect of any material injected into
spect to the effect on the structure, the system for spill control;
having a probability of exceedance in a (iii) The impingement of the trajec-
50-year period of 0.5 percent or less, if tory of an LNG jet discharged at any
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Pipeline and Hazardous Materials Safety Administration, DOT § 193.2181

(iv) Anticipated hydraulic forces §§ 193.2169–193.2171 [Reserved]


from a credible opening in the compo-
nent or item served, assuming that the § 193.2173 Water removal.
discharge pressure equals design pres- (a) Impoundment areas must be con-
sure. structed such that all areas drain com-
(2) The erosive action from a spill, in- pletely to prevent water collection.
cluding jetting of spilling LNG, and Drainage pumps and piping must be
any other anticipated erosive action provided to remove water from col-
including surface water runoff, ice for- lecting in the impoundment area. Al-
mation, dislodgement of ice formation, ternative means of draining may be ac-
and snow removal. ceptable subject to the Administrator’s
(3) The effect of the temperature, any approval.
thermal gradient, and any other antici- (b) The water removal system must
pated degradation resulting from sud- have adequate capacity to remove
den or localized contact with LNG. water at a rate equal to 25% of the
(4) Exposure to fire from impounded maximum predictable collection rate
LNG or from sources other than im- from a storm of 10-year frequency and
pounded LNG. 1-hour duration, and other natural
(5) If applicable, the potential impact causes. For rainfall amounts, operators
and loading on the dike due to— must use the ‘‘Rainfall Frequency
(i) Collapse of the component or item Atlas of the United States’’ published
served or adjacent components; and by the National Weather Service of the
(ii) If the LNG facility adjoins the U.S. Department of Commerce.
right-of-way of any highway or rail- (c) Sump pumps for water removal
road, collision by or explosion of a must—
train, tank car, or tank truck that (1) Be operated as necessary to keep
could reasonably be expected to cause the impounding space as dry as prac-
the most severe loading. tical; and
(b) An LNG storage tank must not be (2) If sump pumps are designed for
located within a horizontal distance of automatic operation, have redundant
one mile (1.6 km) from the ends, or 1⁄4 automatic shutdown controls to pre-
mile (0.4 km) from the nearest point of vent operation when LNG is present.
a runway, whichever is longer. The
height of LNG structures in the vicin- [45 FR 9203, Feb. 11, 1980, as amended by
ity of an airport must also comply with Amdt. 193–17, 65 FR 10959, Mar. 1, 2000]
Federal Aviation Administration re-
quirements in 14 CFR Section 1.1. §§ 193.2175–193.2179 [Reserved]

[45 FR 9203, Feb. 11, 1980, as amended by § 193.2181 Impoundment capacity:


Amdt. 193–17, 65 FR 10959, Mar. 1, 2000] LNG storage tanks.
Each impounding system serving an
§§ 193.2157–193.2159 [Reserved]
LNG storage tank must have a min-
§ 193.2161 Dikes, general. imum volumetric liquid impoundment
capacity of:
An outer wall of a component served (a) 110 percent of the LNG tank’s
by an impounding system may not be maximum liquid capacity for an im-
used as a dike unless the outer wall is poundment serving a single tank;
constructed of concrete.
(b) 100 percent of all tanks or 110 per-
[Amdt. 193–17, 65 FR 10959, Mar. 1, 2000] cent of the largest tank’s maximum
liquid capacity, whichever is greater,
§§ 193.2163–193.2165 [Reserved] for the impoundment serving more
than one tank; or
§ 193.2167 Covered systems. (c) If the dike is designed to account
A covered impounding system is pro- for a surge in the event of catastrophic
hibited except for concrete wall de- failure, then the impoundment capac-
signed tanks where the concrete wall is ity may be reduced to 100 percent in
an outer wall serving as a dike. lieu of 110 percent.
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§§ 193.2183–193.2185 49 CFR Ch. I (10–1–07 Edition)

§§ 193.2183–193.2185 [Reserved] (3) Is occasioned by inspection re-


vealing a significant deterioration of
LNG STORAGE TANKS the component due to corrosion.

§ 193.2187 Nonmetallic membrane [Amdt. 193–2, 45 FR 70404, Oct. 23, 1980]


liner.
§§ 193.2305–193.2319 [Reserved]
A flammable nonmetallic membrane
liner may not be used as an inner con- § 193.2321 Nondestructive tests.
tainer in a storage tank.
The butt welds in metal shells of
[Amdt. 193–17, 65 FR 10960, Mar. 1, 2000] storage tanks with internal design
pressure above 15 psig must be radio-
§§ 193.2189–193.2233 [Reserved] graphically tested in accordance with
the ASME Boiler and Pressure Vessel
Subpart D—Construction Code (Section VIII Division 1), except
that hydraulic load bearing shells with
§ 193.2301 Scope. curved surfaces that are subject to
Each LNG facility constructed after cryogenic temperatures, 100 percent of
March 31, 2000 must comply with re- both longitudinal (or meridional) and
quirements of this part and of NFPA circumferential (or latitudinal) welds
59A (incorporated by reference see must be radiographically tested.
§ 193.2013). In the event of a conflict be- [Amdt. 193–17, 65 FR 10960, Mar. 1, 2000]
tween this part and NFPA 59A, this
part prevails. §§ 193.2323–193.2329 [Reserved]
[Amdt. 193–17, 65 FR 10960, Mar. 1, 2000, as
amended by Amdt. 193–18, 69 FR 11336, Mar. Subpart E—Equipment
10, 2004]
§ 193.2401 Scope.
§ 193.2303 Construction acceptance.
After March 31, 2000, each new, re-
No person may place in service any placed, relocated or significantly al-
component until it passes all applica- tered vaporization equipment, lique-
ble inspections and tests prescribed by faction equipment, and control systems
this subpart and NFPA 59A (incor- must be designed, fabricated, and in-
porated by reference, see § 193.2013). stalled in accordance with require-
[45 FR 9203, Feb. 11, 1980, as amended by ments of this part and of NFPA 59A. In
Amdt. 193–17, 65 FR 10960, Mar. 1, 2000; Amdt. the event of a conflict between this
193–18, 69 FR 11337, Mar. 10, 2004] part and NFPA 59A (incorporated by
reference, see § 193.2013), this part pre-
§ 193.2304 Corrosion control overview. vails.
(a) Subject to paragraph (b) of this [Amdt. 193–17, 65 FR 10960, Mar. 1, 2000, as
section, components may not be con- amended by Amdt. 193–18, 69 FR 11337, Mar.
structed, repaired, replaced, or signifi- 10, 2004]
cantly altered until a person qualified
under § 193.2707(c) reviews the applica- VAPORIZATION EQUIPMENT
ble design drawings and materials spec-
ifications from a corrosion control §§ 193.2403–193.2439 [Reserved]
viewpoint and determines that the ma-
terials involved will not impair the § 193.2441 Control center.
safety or reliability of the component Each LNG plant must have a control
or any associated components. center from which operations and
(b) The repair, replacement, or sig- warning devices are monitored as re-
nificant alteration of components must quired by this part. A control center
be reviewed only if the action to be must have the following capabilities
taken— and characteristics:
(1) Involves a change in the original (a) It must be located apart or pro-
materials specified; tected from other LNG facilities so
(2) Is due to a failure caused by corro- that it is operational during a control-
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sion; or lable emergency.

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Pipeline and Hazardous Materials Safety Administration, DOT § 193.2507

(b) Each remotely actuated control (a) Monitoring components or build-


system and each automatic shutdown ings according to the requirements of
control system required by this part § 193.2507.
must be operable from the control cen- (b) Startup and shutdown, including
ter. for initial startup, performance testing
(c) Each control center must have to demonstrate that components will
personnel in continuous attendance operate satisfactory in service.
while any of the components under its (c) Recognizing abnormal operating
control are in operation, unless the conditions.
control is being performed from an- (d) Purging and inerting components
other control center which has per- according to the requirements of
sonnel in continuous attendance. § 193.2517.
(d) If more than one control center is (e) In the case of vaporization, main-
located at an LNG Plant, each control taining the vaporization rate, tempera-
center must have more than one means ture and pressure so that the resultant
of communication with each other cen- gas is within limits established for the
ter. vaporizer and the downstream piping.
(e) Each control center must have a (f) In the case of liquefaction, main-
means of communicating a warning of taining temperatures, pressures, pres-
hazardous conditions to other locations sure differentials and flow rates, as ap-
within the plant frequented by per- plicable, within their design limits for:
sonnel. (1) Boilers;
§ 193.2443 [Reserved] (2) Turbines and other prime movers;
(3) Pumps, compressors, and expand-
§ 193.2445 Sources of power. ers;
(a) Electrical control systems, means (4) Purification and regeneration
of communication, emergency lighting, equipment; and
and firefighting systems must have at (5) Equipment within cold boxes.
least two sources of power which func- (g) Cooldown of components accord-
tion so that failure of one source does ing to the requirements of § 193.2505.
not affect the capability of the other [Amdt. 193–2, 45 FR 70405, Oct. 23, 1980, as
source. amended by Amdt. 193–18, 69 FR 11337, Mar.
(b) Where auxiliary generators are 10, 2004]
used as a second source of electrical
power: § 193.2505 Cooldown.
(1) They must be located apart or (a) The cooldown of each system of
protected from components so that components that is subjected to cryo-
they are not unusable during a control- genic temperatures must be limited to
lable emergency; and a rate and distribution pattern that
(2) Fuel supply must be protected keeps thermal stresses within design
from hazards. limits during the cooldown period, pay-
ing particular attention to the per-
Subpart F—Operations formance of expansion and contraction
devices.
SOURCE: Amdt. 193–2, 45 FR 70405, Oct. 23, (b) After cooldown stabilization is
1980, unless otherwise noted. reached, cryogenic piping systems
must be checked for leaks in areas of
§ 193.2501 Scope. flanges, valves, and seals.
This subpart prescribes requirements
for the operation of LNG facilities. § 193.2507 Monitoring operations.
Each component in operation or
§ 193.2503 Operating procedures. building in which a hazard to persons
Each operator shall follow one or or property could exist must be mon-
more manuals of written procedures to itored to detect fire or any malfunction
provide safety in normal operation and or flammable fluid that could cause a
in responding to an abnormal operation hazardous condition. Monitoring must
that would affect safety. The proce- be accomplished by watching or listen-
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§ 193.2509 49 CFR Ch. I (10–1–07 Edition)

warning alarms, such as gas, tempera- § 193.2511 Personnel safety.


ture, pressure, vacuum, and flow (a) Each operator shall provide any
alarms, or by conducting an inspection special protective clothing and equip-
or test at intervals specified in the op- ment necessary for the safety of per-
erating procedures. sonnel while they are performing emer-
[Amdt, 193–2, 45 FR 70405, Oct. 23, 1980, as gency response duties.
amended by Amdt. 193–18, 69 FR 11337, Mar. (b) All personnel who are normally
10, 2004] on duty at a fixed location, such as a
building or yard, where they could be
§ 193.2509 Emergency procedures. harmed by thermal radiation from a
(a) Each operator shall determine the burning pool of impounded liquid, must
types and places of emergencies other be provided a means of protection at
than fires that may reasonably be ex- that location from the harmful effects
pected to occur at an LNG plant due to of thermal radiation or a means of es-
operating malfunctions, structural col- cape.
lapse, personnel error, forces of nature, (c) Each LNG plant must be equipped
and activities adjacent to the plant. with suitable first-aid material, the lo-
(b) To adequately handle each type of cation of which is clearly marked and
emergency identified under paragraph readily available to personnel.
(a) of this section and each fire emer-
§ 193.2513 Transfer procedures.
gency, each operator must follow one
or more manuals of written procedures. (a) Each transfer of LNG or other
The procedures must provide for the hazardous fluid must be conducted in
following: accordance with one or more manuals
(1) Responding to controllable emer- of written procedures to provide for
gencies, including notifying personnel safe transfers.
and using equipment appropriate for (b) The transfer procedures must in-
handling the emergency. clude provisions for personnel to:
(2) Recognizing an uncontrollable (1) Before transfer, verify that the
emergency and taking action to mini- transfer system is ready for use, with
mize harm to the public and personnel, connections and controls in proper po-
including prompt notification of appro- sitions, including if the system could
priate local officials of the emergency contain a combustible mixture,
and possible need for evacuation of the verifying that it has been adequately
purged in accordance with a procedure
public in the vicinity of the LNG plant.
which meets the requirements of AGA
(3) Coordinating with appropriate
‘‘Purging Principles and Practice.’’
local officials in preparation of an
(2) Before transfer, verify that each
emergency evacuation plan, which sets
receiving container or tank vehicle
forth the steps required to protect the
does not contain any substance that
public in the event of an emergency,
would be incompatible with the incom-
including catastrophic failure of an
ing fluid and that there is sufficient ca-
LNG storage tank.
pacity available to receive the amount
(4) Cooperating with appropriate of fluid to be transferred;
local officials in evacuations and emer- (3) Before transfer, verify the max-
gencies requiring mutual assistance imum filling volume of each receiving
and keeping these officials advised of: container or tank vehicle to ensure
(i) The LNG plant fire control equip- that expansion of the incoming fluid
ment, its location, and quantity of due to warming will not result in over-
units located throughout the plant; filling or overpressure;
(ii) Potential hazards at the plant, (4) When making bulk transfer of
including fires; LNG into a partially filled (excluding
(iii) Communication and emergency cooldown heel) container, determine
control capabilities at the LNG plant; any differences in temperature or spe-
and cific gravity between the LNG being
(iv) The status of each emergency. transferred and the LNG already in the
[Amdt. 193–2, 45 FR 70405, Oct. 23, 1980, as container and, if necessary, provide a
amended by Amdt. 193–18, 69 FR 11337, Mar. means to prevent rollover due to strat-
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10, 2004] ification.

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Pipeline and Hazardous Materials Safety Administration, DOT § 193.2519

(5) Verify that the transfer oper- (7) Verify that transfers into a pipe-
ations are proceeding within design line system will not exceed the pres-
conditions and that overpressure or sure or temperature limits of the sys-
overfilling does not occur by moni- tem.
toring applicable flow rates, liquid lev-
els, and vapor returns. § 193.2515 Investigations of failures.
(6) Manually terminate the flow be- (a) Each operator shall investigate
fore overfilling or overpressure occurs; the cause of each explosion, fire, or
and LNG spill or leak which results in:
(7) Deactivate cargo transfer systems (1) Death or injury requiring hos-
in a safe manner by depressurizing, pitalization; or
venting, and disconnecting lines and (2) Property damage exceeding
conducting any other appropriate oper- $10,000.
ations. (b) As a result of the investigation,
(c) In addition to the requirements of appropriate action must be taken to
paragraph (b) of this section, the proce- minimize recurrence of the incident.
dures for cargo transfer must be lo- (c) If the Administrator or relevant
cated at the transfer area and include state agency under the pipeline safety
provisions for personnel to: laws (49 U.S.C. 60101 et seq.) inves-
(1) Be in constant attendance during tigates an incident, the operator in-
all cargo transfer operations; volved shall make available all rel-
(2) Prohibit the backing of tank evant information and provide reason-
trucks in the transfer area, except able assistance in conducting the in-
when a person is positioned at the rear vestigation. Unless necessary to re-
of the truck giving instructions to the store or maintain service, or for safety,
driver; no component involved in the incident
(3) Before transfer, verify that: may be moved from its location or oth-
(i) Each tank car or tank truck com- erwise altered until the investigation
plies with applicable regulations gov- is complete or the investigating agency
erning its use; otherwise provides. Where components
(ii) All transfer hoses have been vis- must be moved for operational or safe-
ually inspected for damage and defects; ty reasons, they must not be removed
(iii) Each tank truck is properly im- from the plant site and must be main-
mobilized with chock wheels, and elec- tained intact to the extent practicable
trically grounded; and until the investigation is complete or
(iv) Each tank truck engine is shut the investigating agency otherwise
off unless it is required for transfer op- provides.
erations; [Amdt. 193–2, 45 FR 70405, Oct. 23, 1980, as
(4) Prevent a tank truck engine that amended by Amdt. 193–10, 61 FR 18517, Apr.
is off during transfer operations from 26, 1996]
being restarted until the transfer lines
have been disconnected and any re- § 193.2517 Purging.
leased vapors have dissipated; When necessary for safety, compo-
(5) Prevent loading LNG into a tank nents that could accumulate signifi-
car or tank truck that is not in exclu- cant amounts of combustible mixtures
sive LNG service or that does not con- must be purged in accordance with a
tain a positive pressure if it is in exclu- procedure which meets the provisions
sive LNG service, until after the oxy- of the AGA ‘‘Purging Principles and
gen content in the tank is tested and if Practice’’ after being taken out of serv-
it exceeds 2 percent by volume, purged ice and before being returned to serv-
in accordance with a procedure that ice.
meets the requirements of AGA
‘‘Purging Principles and Practice;’’ § 193.2519 Communication systems.
(6) Verify that all transfer lines have (a) Each LNG plant must have a pri-
been disconnected and equipment mary communication system that pro-
cleared before the tank car or tank vides for verbal communications be-
truck is moved from the transfer posi- tween all operating personnel at their
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§ 193.2521 49 CFR Ch. I (10–1–07 Edition)

(b) Each LNG plant in excess of 70,000 nent which is not maintained in ac-
gallons (265,000 liters) storage capacity cordance with this subpart.
must have an emergency communica- (c) Each component taken out of
tion system that provides for verbal service must be identified in the
communications between all persons records kept under § 193.2639.
and locations necessary for the orderly (d) If a safety device is taken out of
shutdown of operating equipment and service for maintenance, the compo-
the operation of safety equipment in nent being served by the device must
time of emergency. The emergency be taken out of service unless the same
communication system must be inde- safety function is provided by an alter-
pendent of and physically separated nate means.
from the primary communication sys- (e) If the inadvertent operation of a
tem and the security communication component taken out of service could
system under § 193.2909. cause a hazardous condition, that com-
(c) Each communication system re- ponent must have a tag attached to the
quired by this part must have an auxil- controls bearing the words ‘‘do not op-
iary source of power, except sound- erate’’ or words of comparable mean-
powered equipment. ing.
[45 FR 9203, Feb. 11, 1980, as amended by
Amdt. 193–16, 63 FR 37505, July 13, 1998] § 193.2605 Maintenance procedures.
(a) Each operator shall determine
§ 193.2521 Operating records. and perform, consistent with generally
Each operator shall maintain a accepted engineering practice, the peri-
record of results of each inspection, odic inspections or tests needed to
test and investigation required by this meet the applicable requirements of
subpart. For each LNG facility that is this subpart and to verify that compo-
designed and constructed after March nents meet the maintenance standards
31, 2000 the operator shall also main- prescribed by this subpart.
tain related inspection, testing, and in- (b) Each operator shall follow one or
vestigation records that NFPA 59A (in- more manuals of written procedures for
corporated by reference, see § 193.2013) the maintenance of each component,
requires. Such records, whether re- including any required corrosion con-
quired by this part or NFPA 59A, must trol. The procedures must include:
be kept for a period of not less than (1) The details of the inspections or
five years. tests determined under paragraph (a) of
[Amdt. 193–17, 65 FR 10960, Mar. 1, 2000, as this section and their frequency of per-
amended by Amdt. 193–18, 69 FR 11337, Mar. formance; and
10, 2004] (2) A description of other actions nec-
essary to maintain the LNG plant ac-
Subpart G—Maintenance cording to the requirements of this
subpart.
SOURCE: Amdt. 193–2, 45 FR 70407, Oct. 23, (c) Each operator shall include in the
1980, unless otherwise noted. manual required by paragraph (b) of
this section instructions enabling per-
§ 193.2601 Scope. sonnel who perform operation and
This subpart prescribes requirements maintenance activities to recognize
for maintaining components at LNG conditions that potentially may be
plants. safety-related conditions that are sub-
ject to the reporting requirements of
§ 193.2603 General. § 191.23 of this subchapter.
(a) Each component in service, in- [Amdt. 193–2, 45 FR 70407, Oct. 23, 1980, as
cluding its support system, must be amended by Amdt. 193–5, 53 FR 24950, July 1,
maintained in a condition that is com- 1988; 53 FR 26560, July 13, 1988; Amdt. 193–18,
patible with its operational or safety 69 FR 11337, Mar. 10, 2004]
purpose by repair, replacement, or
other means. § 193.2607 Foreign material.
(b) An operator may not place, re- (a) The presence of foreign material,
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Pipeline and Hazardous Materials Safety Administration, DOT § 193.2621

or controlled to maintain the oper- § 193.2617 Repairs.


ational safety of each component.
(a) Repair work on components must
(b) LNG plant grounds must be free
be performed and tested in a manner
from rubbish, debris, and other mate-
which:
rial which present a fire hazard. Grass
(1) As far as practicable, complies
areas on the LNG plant grounds must
with the applicable requirements of
be maintained in a manner that does
Subpart D of this part; and
not present a fire hazard.
(2) Assures the integrity and oper-
§ 193.2609 Support systems. ational safety of the component being
repaired.
Each support system or foundation of
(b) For repairs made while a compo-
each component must be inspected for
nent is operating, each operator shall
any detrimental change that could im-
include in the maintenance procedures
pair support.
under § 193.2605 appropriate precautions
§ 193.2611 Fire protection. to maintain the safety of personnel and
property during repair activities.
(a) Maintenance activities on fire
control equipment must be scheduled § 193.2619 Control systems.
so that a minimum of equipment is
taken out of service at any one time (a) Each control system must be
and is returned to service in a reason- properly adjusted to operate within de-
able period of time. sign limits.
(b) Access routes for movement of (b) If a control system is out of serv-
fire control equipment within each ice for 30 days or more, it must be in-
LNG plant must be maintained to rea- spected and tested for operational ca-
sonably provide for use in all weather pability before returning it to service.
conditions. (c) Control systems in service, but
not normally in operation, such as re-
§ 193.2613 Auxiliary power sources. lief valves and automatic shutdown de-
Each auxiliary power source must be vices, and control systems for internal
tested monthly to check its oper- shutoff valves for bottom penetration
ational capability and tested annually tanks must be inspected and tested
for capacity. The capacity test must once each calender year, not exceeding
take into account the power needed to 15 months, with the following excep-
start up and simultaneously operate tions:
equipment that would have to be (1) Control systems used seasonally,
served by that power source in an such as for liquefaction or vaporiza-
emergency. tion, must be inspected and tested be-
fore use each season.
§ 193.2615 Isolating and purging. (2) Control systems that are intended
(a) Before personnel begin mainte- for fire protection must be inspected
nance activities on components han- and tested at regular intervals not to
dling flammable fluids which are iso- exceed 6 months.
lated for maintenance, the component (d) Control systems that are nor-
must be purged in accordance with a mally in operation, such as required by
procedure which meets the require- a base load system, must be inspected
ments of AGA ‘‘Purging Principles and and tested once each calendar year but
Practices,’’ unless the maintenance with intervals not exceeding 15
procedures under § 193.2605 provide that months.
the activity can be safely performed (e) Relief valves must be inspected
without purging. and tested for verification of the valve
(b) If the component or maintenance seat lifting pressure and reseating.
activity provides an ignition source, a [Amdt. 193–2, 45 FR 70407, Oct. 23, 1980, as
technique in addition to isolation amended by Amdt. 193–17, 65 FR 10960, Mar. 1,
valves (such as removing spool pieces 2000]
or valves and blank flanging the pip-
ing, or double block and bleed valving) § 193.2621 Testing transfer hoses.
must be used to ensure that the work Hoses used in LNG or flammable re-
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§ 193.2623 49 CFR Ch. I (10–1–07 Edition)

(a) Tested once each calendar year, sive attack must be protected from ex-
but with intervals not exceeding 15 ternal corrosion by—
months, to the maximum pump pres- (1) Material that has been designed
sure or relief valve setting; and and selected to resist the corrosive en-
(b) Visually inspected for damage or vironment involved; or
defects before each use. (2) The following means:
(i) An external protective coating de-
§ 193.2623 Inspecting LNG storage signed and installed to prevent corro-
tanks. sion attack and to meet the require-
Each LNG storage tank must be in- ments of § 192.461 of this chapter; and
spected or tested to verify that each of (ii) A cathodic protection system de-
the following conditions does not im- signed to protect components in their
pair the structural integrity or safety entirety in accordance with the re-
of the tank: quirements of § 192.463 of this chapter
(a) Foundation and tank movement and placed in operation before October
during normal operation and after a 23, 1981, or within 1 year after the com-
major meteorological or geophysical ponent is constructed or installed,
disturbance. whichever is later.
(b) Inner tank leakage. (b) Where cathodic protection is ap-
(c) Effectiveness of insulation. plied, components that are electrically
(d) Frost heave. interconnected must be protected as a
unit.
[Amdt. 193–2, 45 FR 70407, Oct. 23, 1980, as
amended at 47 FR 32720, July 29, 1982] [Amdt. 193–2, 45 FR 70407, Oct. 23, 1980, as
amended at 47 FR 32720, July 29, 1982]
§ 193.2625 Corrosion protection.
(a) Each operator shall determine § 193.2631 Internal corrosion control.
which metallic components could, un- Each component that is subject to in-
less corrosion is controlled, have their ternal corrosive attack must be pro-
integrity or reliability adversely af- tected from internal corrosion by—
fected by external, internal, or atmos- (a) Material that has been designed
pheric corrosion during their intended and selected to resist the corrosive
service life. fluid involved; or
(b) Components whose integrity or (b) Suitable coating, inhibitor, or
reliability could be adversely affected other means.
by corrosion must be either—
(1) Protected from corrosion in ac- § 193.2633 Interference currents.
cordance with §§ 193.2627 through (a) Each component that is subject to
193.2635, as applicable; or electrical current interference must be
(2) Inspected and replaced under a protected by a continuing program to
program of scheduled maintenance in minimize the detrimental effects of
accordance with procedures established currents.
under § 193.2605. (b) Each cathodic protection system
must be designed and installed so as to
§ 193.2627 Atmospheric corrosion con- minimize any adverse effects it might
trol. cause to adjacent metal components.
Each exposed component that is sub- (c) Each impressed current power
ject to atmospheric corrosive attack source must be installed and main-
must be protected from atmospheric tained to prevent adverse interference
corrosion by— with communications and control sys-
(a) Material that has been designed tems.
and selected to resist the corrosive at-
mosphere involved; or § 193.2635 Monitoring corrosion con-
(b) Suitable coating or jacketing. trol.
Corrosion protection provided as re-
§ 193.2629 External corrosion control: quired by this subpart must be periodi-
buried or submerged components. cally monitored to give early recogni-
(a) Each buried or submerged compo- tion of ineffective corrosion protection,
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Pipeline and Hazardous Materials Safety Administration, DOT § 193.2703

(a) Each buried or submerged compo- structed after March 31, 2000 the oper-
nent under cathodic protection must be ator shall also maintain related peri-
tested at least once each calendar year, odic inspection and testing records
but with intervals not exceeding 15 that NFPA 59A (incorporated by ref-
months, to determine whether the ca- erence, see § 193.2013) requires. Mainte-
thodic protection meets the require- nance records, whether required by this
ments of § 192.463 of this chapter. part or NFPA 59A, must be kept for a
(b) Each cathodic protection rectifier period of not less than five years.
or other impressed current power
(b) Each operator shall maintain
source must be inspected at least 6
records or maps to show the location of
times each calendar year, but with in-
tervals not exceeding 21⁄2 months, to cathodically protected components,
ensure that it is operating properly. neighboring structures bonded to the
(c) Each reverse current switch, each cathodic protection system, and corro-
diode, and each interference bond sion protection equipment.
whose failure would jeopardize compo- (c) Each of the following records
nent protection must be electrically must be retained for as long as the
checked for proper performance at LNG facility remains in service:
least 6 times each calendar year, but (1) Each record or map required by
with intervals not exceeding 21⁄2 paragraph (b) of this section.
months. Each other interference bond (2) Records of each test, survey, or
must be checked at least once each cal- inspection required by this subpart in
endar year, but with intervals not ex- sufficient detail to demonstrate the
ceeding 15 months. adequacy of corrosion control meas-
(d) Each component that is protected ures.
from atmospheric corrosion must be in-
spected at intervals not exceeding 3 [Amdt. 193–2, 45 FR 70407, Oct. 23, 1980, as
years. amended by Amdt. 193–17, 65 FR 10960, Mar. 1,
(e) If a component is protected from 2000; Amdt. 193–18, 69 FR 11337, Mar. 10, 2004]
internal corrosion, monitoring devices
designed to detect internal corrosion, Subpart H—Personnel
such as coupons or probes, must be lo- Qualifications and Training
cated where corrosion is most likely to
occur. However, monitoring is not re-
SOURCE: Sections 193.2707 through 193.2719
quired for corrosion resistant materials appear at Amdt. 193–2, 45 FR 70404, Oct. 23,
if the operator can demonstrate that 1980 , unless otherwise noted.
the component will not be adversely af-
fected by internal corrosion during its § 193.2701 Scope.
service life. Internal corrosion control
monitoring devices must be checked at This subpart prescribes requirements
least two times each calendar year, but for personnel qualifications and train-
with intervals not exceeding 71⁄2 ing.
months. [45 FR 9219, Feb. 11, 1980]
§ 193.2637 Remedial measures. § 193.2703 Design and fabrication.
Prompt corrective or remedial action
For the design and fabrication of
must be taken whenever an operator
components, each operator shall use—
learns by inspection or otherwise that
atmospheric, external, or internal cor- (a) With respect to design, persons
rosion is not controlled as required by who have demonstrated competence by
this subpart. training or experience in the design of
comparable components.
§ 193.2639 Maintenance records. (b) With respect to fabrication, per-
(a) Each operator shall keep a record sons who have demonstrated com-
at each LNG plant of the date and type petence by training or experience in
of each maintenance activity per- the fabrication of comparable compo-
formed on each component to meet the nents.
requirements of this part. For each
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[45 FR 9219, Feb. 11, 1980]


LNG facility that is designed and con-

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§ 193.2705 49 CFR Ch. I (10–1–07 Edition)

§ 193.2705 Construction, installation, § 193.2711 Personnel health.


inspection, and testing.
Each operator shall follow a written
(a) Supervisors and other personnel plan to verify that personnel assigned
utilized for construction, installation, operating, maintenance, security, or
inspection, or testing must have dem- fire protection duties at the LNG plant
onstrated their capability to perform do not have any physical condition
satisfactorily the assigned function by that would impair performance of their
appropriate training in the methods assigned duties. The plan must be de-
and equipment to be used or related ex- signed to detect both readily observ-
perience and accomplishments. able disorders, such as physical handi-
(b) Each operator must periodically caps or injury, and conditions requir-
determine whether inspectors per- ing professional examination for dis-
forming construction, installation, and covery.
testing duties required by this part are
satisfactorily performing their as- § 193.2713 Training: operations and
signed functions. maintenance.

[45 FR 9219, Feb. 11, 1980, as amended by (a) Each operator shall provide and
Amdt. 193–18, 69 FR 11337, Mar. 10, 2004] implement a written plan of initial
training to instruct—
§ 193.2707 Operations and mainte- (1) All permanent maintenance, oper-
nance. ating, and supervisory personnel—
(a) Each operator shall utilize for op- (i) About the characteristics and haz-
eration or maintenance of components ards of LNG and other flammable fluids
only those personnel who have dem- used or handled at the facility, includ-
onstrated their capability to perform ing, with regard to LNG, low tempera-
their assigned functions by— tures, flammability of mixtures with
(1) Successful completion of the air, odorless vapor, boiloff characteris-
training required by §§ 193.2713 and tics, and reaction to water and water
193.2717; and spray;
(2) Experience related to the assigned (ii) About the potential hazards in-
operation or maintenance function; volved in operating and maintenance
and activities; and
(3) Acceptable performance on a pro- (iii) To carry out aspects of the oper-
ficiency test relevant to the assigned ating and maintenance procedures
function. under §§ 193.2503 and 193.2605 that relate
(b) A person who does not meet the to their assigned functions; and
requirements of paragraph (a) of this (2) All personnel—
section may operate or maintain a (i) To carry out the emergency proce-
component when accompanied and di- dures under § 193.2509 that relate to
rected by an individual who meets the their assigned functions; and
requirements. (ii) To give first-aid; and
(c) Corrosion control procedures (3) All operating and appropriate su-
under § 193.2605(b), including those for pervisory personnel—
the design, installation, operation, and (i) To understand detailed instruc-
maintenance of cathodic protection tions on the facility operations, includ-
systems, must be carried out by, or ing controls, functions, and operating
under the direction of, a person quali- procedures; and
fied by experience and training in cor- (ii) To understand the LNG transfer
rosion control technology. procedures provided under § 193.2513.
(b) A written plan of continuing in-
§ 193.2709 Security. struction must be conducted at inter-
Personnel having security duties vals of not more than two years to
must be qualified to perform their as- keep all personnel current on the
signed duties by successful completion knowledge and skills they gained in
the program of initial instruction.
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Pipeline and Hazardous Materials Safety Administration, DOT § 193.2903

§ 193.2715 Training: security. (1) Provide evidence that the training


programs required by this subpart have
(a) Personnel responsible for security
been implemented; and
at an LNG plant must be trained in ac- (2) Provide evidence that personnel
cordance with a written plan of initial have undergone and satisfactorily com-
instruction to: pleted the required training programs.
(1) Recognize breaches of security; (b) Records must be maintained for
(2) Carry out the security procedures one year after personnel are no longer
under § 193.2903 that relate to their as- assigned duties at the LNG plant.
signed duties;
(3) Be familiar with basic plant oper- Subpart I—Fire Protection
ations and emergency procedures, as
necessary to effectively perform their
SOURCE: Amdt. 193–2, 45 FR 70408, Oct. 23,
assigned duties; and 1980, unless otherwise noted.
(4) Recognize conditions where secu-
rity assistance is needed. § 193.2801 Fire protection.
(b) A written plan of continuing in- Each operator must provide and
struction must be conducted at inter- maintain fire protection at LNG plants
vals of not more than two years to according to sections 9.1 through 9.7
keep all personnel having security du- and section 9.9 of NFPA 59A (incor-
ties current on the knowledge and porated by reference, see § 193.2013).
skills they gained in the program of However, LNG plants existing on
initial instruction. March 31, 2000, need not comply with
provisions on emergency shutdown sys-
§ 193.2717 Training: fire protection. tems, water delivery systems, detec-
(a) All personnel involved in mainte- tion systems, and personnel qualifica-
nance and operations of an LNG plant, tion and training until September 12,
including their immediate supervisors, 2005.
must be trained according to a written [Amdt. 193–18, 69 FR 11337, Mar. 10, 2004]
plan of initial instruction, including
plant fire drills, to: §§ 193.2803–193.2821 [Reserved]
(1) Know the potential causes and
areas of fire; Subpart J—Security
(2) Know the types, sizes, and predict-
able consequences of fire; and SOURCE: Amdt. 193–2, 45 FR 70409, Oct. 23,
(3) Know and be able to perform their 1980, unless otherwise noted.
assigned fire control duties according
to the procedures established under § 193.2901 Scope.
§ 193.2509 and by proper use of equip- This subpart prescribes requirements
ment provided under § 193.2801. for security at LNG plants. However,
(b) A written plan of continuing in- the requirements do not apply to exist-
struction, including plant fire drills, ing LNG plants that do not contain
must be conducted at intervals of not LNG.
more than two years to keep personnel
current on the knowledge and skills [Amdt. 193–4, 52 FR 675, Jan. 8, 1987]
they gained in the instruction under § 193.2903 Security procedures.
paragraph (a) of the section.
(c) Plant fire drills must provide per- Each operator shall prepare and fol-
sonnel hands-on experience in carrying low one or more manuals of written
out their duties under the fire emer- procedures to provide security for each
gency procedures required by § 193.2509. LNG plant. The procedures must be
available at the plant in accordance
[Amdt. 193–2, 45 FR 70404, Oct. 23, 1980, as with § 193.2017 and include at least:
amended by Amdt. 193–18, 69 FR 11337, Mar. (a) A description and schedule of se-
10, 2004] curity inspections and patrols per-
formed in accordance with § 193.2913;
§ 193.2719 Training: records. (b) A list of security personnel posi-
(a) Each operator shall maintain a tions or responsibilities utilized at the
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system of records which— LNG plant;

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§ 193.2905 49 CFR Ch. I (10–1–07 Edition)

(c) A brief description of the duties in the protective enclosure to open


associated with each security per- each access.
sonnel position or responsibility;
(d) Instructions for actions to be § 193.2907 Protective enclosure con-
taken, including notification of other struction.
appropriate plant personnel and law (a) Each protective enclosure must
enforcement officials, when there is have sufficient strength and configura-
any indication of an actual or at- tion to obstruct unauthorized access to
tempted breach of security; the facilities enclosed.
(e) Methods for determining which (b) Openings in or under protective
persons are allowed access to the LNG enclosures must be secured by grates,
plant; doors or covers of construction and fas-
(f) Positive identification of all per- tening of sufficient strength such that
sons entering the plant and on the the integrity of the protective enclo-
plant, including methods at least as ef- sure is not reduced by any opening.
fective as picture badges; and [Amdt. 193–2, 45 FR 70409, Oct. 23, 1980, as
(g) Liaison with local law enforce- amended by Amdt. 193–12, 61 FR 27793, June
ment officials to keep them informed 3, 1996; 61 FR 45905, Aug. 30, 1996]
about current security procedures
under this section. § 193.2909 Security communications.
A means must be provided for:
§ 193.2905 Protective enclosures. (a) Prompt communications between
(a) The following facilities must be personnel having supervisory security
surrounded by a protective enclosure: duties and law enforcement officials;
(1) Storage tanks; and
(2) Impounding systems; (b) Direct communications between
(3) Vapor barriers; all on-duty personnel having security
(4) Cargo transfer systems; duties and all control rooms and con-
(5) Process, liquefaction, and vapor- trol stations.
ization equipment;
(6) Control rooms and stations; § 193.2911 Security lighting.
(7) Control systems; Where security warning systems are
(8) Fire control equipment; not provided for security monitoring
(9) Security communications sys- under § 193.2913, the area around the fa-
tems; and cilities listed under § 193.2905(a) and
(10) Alternative power sources. each protective enclosure must be illu-
The protective enclosure may be one or minated with a minimum in service
more separate enclosures surrounding lighting intensity of not less than 2.2
a single facility or multiple facilities. lux (0.2 ftc) between sunset and sunrise.
(b) Ground elevations outside a pro-
tective enclosure must be graded in a § 193.2913 Security monitoring.
manner that does not impair the effec- Each protective enclosure and the
tiveness of the enclosure. area around each facility listed in
(c) Protective enclosures may not be § 193.2905(a) must be monitored for the
located near features outside of the fa- presence of unauthorized persons. Mon-
cility, such as trees, poles, or build- itoring must be by visual observation
ings, which could be used to breach the in accordance with the schedule in the
security. security procedures under § 193.2903(a)
(d) At least two accesses must be pro- or by security warning systems that
vided in each protective enclosure and continuously transmit data to an at-
be located to minimize the escape dis- tended location. At an LNG plant with
tance in the event of emergency. less than 40,000 m3 (250,000 bbl) of stor-
(e) Each access must be locked unless age capacity, only the protective en-
it is continuously guarded. During nor- closure must be monitored.
mal operations, an access may be un-
locked only by persons designated in § 193.2915 Alternative power sources.
writing by the operator. During an An alternative source of power that
emergency, a means must be readily meets the requirements of § 193.2445
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Pipeline and Hazardous Materials Safety Administration, DOT § 194.5

and security monitoring and warning Subpart A—General


systems required under §§ 193.2911 and
193.2913. § 194.1 Purpose.
This part contains requirements for
§ 193.2917 Warning signs. oil spill response plans to reduce the
(a) Warning signs must be conspicu- environmental impact of oil discharged
ously placed along each protective en- from onshore oil pipelines.
closure at intervals so that at least one
§ 194.3 Applicability.
sign is recognizable at night from a dis-
tance of 30m (100 ft.) from any way that This part applies to an operator of an
could reasonably be used to approach onshore oil pipeline that, because of its
the enclosure. location, could reasonably be expected
to cause substantial harm, or signifi-
(b) Signs must be marked with at
cant and substantial harm to the envi-
least the following on a background of
ronment by discharging oil into or on
sharply contrasting color: any navigable waters of the United
The words ‘‘NO TRESPASSING,’’ or States or adjoining shorelines.
words of comparable meaning.
§ 194.5 Definitions.
[Amdt. 193–2, 45 FR 70409, Oct. 23, 1980, as
amended at 47 FR 32720, July 29, 1982] Adverse weather means the weather
conditions that the operator will con-
sider when identifying response sys-
PART 194—RESPONSE PLANS FOR tems and equipment to be deployed in
ONSHORE OIL PIPELINES accordance with a response plan. Fac-
tors to consider include ice conditions,
Subpart A—General temperature ranges, weather-related
visibility, significant wave height as
Sec.
specified in 33 CFR Part 154, Appendix
194.1 Purpose.
C, Table 1, and currents within the
194.3 Applicability.
areas in which those systems or equip-
194.5 Definitions.
ment are intended to function.
194.7 Operating restrictions and interim op-
erating authorization.
Barrel means 42 United States gallons
(159 liters) at 60° Fahrenheit (15.6° Cel-
Subpart B—Response Plans sius).
Breakout tank means a tank used to:
194.101 Operators required to submit plans. (1) Relieve surges in an oil pipeline
194.103 Significant and substantial harm; system or
operator’s statement. (2) Receive and store oil transported
194.105 Worst case discharge. by a pipeline for reinjection and con-
194.107 General response plan requirements. tinued transportation by pipeline.
194.109 Submission of state response plans. Contract or other approved means is:
194.111 Response plan retention. (1) A written contract or other le-
194.113 Information summary. gally binding agreement between the
194.115 Response resources. operator and a response contractor or
194.117 Training. other spill response organization iden-
194.119 Submission and approval procedures. tifying and ensuring the availability of
194.121 Response plan review and update the specified personnel and equipment
procedures. within stipulated response times for a
APPENDIX A TO PART 194—GUIDELINES FOR specified geographic area;
THE PREPARATION OF RESPONSE PLANS (2) Certification that specified equip-
APPENDIX B TO PART 194—HIGH VOLUME ment is owned or operated by the pipe-
AREAS line operator, and operator personnel
AUTHORITY: 33 U.S.C. 1231, 1321(j)(1)(C), and equipment are available within
(j)(5) and (j)(6); sec. 2, E.O. 12777, 56 FR 54757, stipulated response times for a speci-
3 CFR, 1991 Comp., p. 351; 49 CFR 1.53. fied geographic area; or
(3) Active membership in a local or
SOURCE: 58 FR 253, Jan. 5, 1993, unless oth-
erwise noted.
regional oil spill removal organization
that has identified specified personnel
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§ 194.5 49 CFR Ch. I (10–1–07 Edition)

stipulated response times for a speci- On-Scene Coordinator (OSC) means the
fied geographic area. federal official designated by the Ad-
Environmentally sensitive area means ministrator of the EPA or by the Com-
an area of environmental importance mandant of the USCG to coordinate
which is in or adjacent to navigable and direct federal response under sub-
waters. part D of the National Contingency
High volume area means an area Plan (40 CFR part 300).
which an oil pipeline having a nominal Onshore oil pipeline facilities means
outside diameter of 20 inches (508 milli- new and existing pipe, rights-of-way
meters) or more crosses a major river and any equipment, facility, or build-
or other navigable waters, which, be- ing used in the transportation of oil lo-
cause of the velocity of the river flow cated in, on, or under, any land within
and vessel traffic on the river, would the United States other than sub-
require a more rapid response in case of merged land.
a worst case discharge or substantial Operator means a person who owns or
threat of such a discharge. Appendix B operates onshore oil pipeline facilities.
to this part contains a list of some of Pipeline means all parts of an onshore
the high volume areas in the United pipeline facility through which oil
States. moves including, but not limited to,
Line section means a continuous run line pipe, valves, and other appur-
of pipe that is contained between adja- tenances connected to line pipe, pump-
cent pressure pump stations, between a ing units, fabricated assemblies associ-
pressure pump station and a terminal ated with pumping units, metering and
or breakout tank, between a pressure delivery stations and fabricated assem-
pump station and a block valve, or be- blies therein, and breakout tanks.
tween adjacent block valves. Qualified individual means an
Major river means a river that, be- English-speaking representative of an
cause of its velocity and vessel traffic, operator, located in the United States,
would require a more rapid response in available on a 24-hour basis, with full
case of a worst case discharge. For a authority to: activate and contract
list of rivers see ‘‘Rolling Rivers, An En- with required oil spill removal organi-
cyclopedia of America’s Rivers,’’ Richard zation(s); activate personnel and equip-
A. Bartlett, Editor, McGraw-Hill Book ment maintained by the operator; act
Company, 1984. as liaison with the OSC; and obligate
Maximum extent practicable means the any funds required to carry out all re-
limits of available technology and the quired or directed oil response activi-
practical and technical limits on a ties.
pipeline operator in planning the re- Response activities means the contain-
sponse resources required to provide ment and removal of oil from the water
the on-water recovery capability and and shorelines, the temporary storage
the shoreline protection and cleanup and disposal of recovered oil, or the
capability to conduct response activi- taking of other actions as necessary to
ties for a worst case discharge from a minimize or mitigate damage to the
pipeline in adverse weather. environment.
Navigable waters means the waters of Response plan means the operator’s
the United States, including the terri- core plan and the response zone appen-
torial sea and such waters as lakes, riv- dices for responding, to the maximum
ers, streams; waters which are used for extent practicable, to a worse case dis-
recreation; and waters from which fish charge of oil, or the substantial threat
or shellfish are taken and sold in inter- of such a discharge.
state or foreign commerce. Response resources means the per-
Oil means oil of any kind or in any sonnel, equipment, supplies, and other
form, including, but not limited to, pe- resources necessary to conduct re-
troleum, fuel oil, vegetable oil, animal sponse activities.
oil, sludge, oil refuse, oil mixed with Response zone means a geographic
wastes other than dredged spoil. area either along a length of pipeline
Oil spill removal organization means an or including multiple pipelines, con-
entity that provides response re- taining one or more adjacent line sec-
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Pipeline and Hazardous Materials Safety Administration, DOT § 194.101

for the deployment of, and provide, submit a response plan, each operator
spill response capabilities. The size of of an onshore pipeline facility shall
the zone is determined by the operator prepare and submit a response plan to
after considering available capability, PHMSA as provided in § 194.119. A pipe-
resources, and geographic characteris- line which does not meet the criteria
tics. for significant and substantial harm as
Specified minimum yield strength defined in § 194.103(c) and is not eligible
means the minimum yield strength, ex- for an exception under § 194.101(b), can
pressed in pounds per square inch, pre- be expected to cause substantial harm.
scribed by the specification under Operators of substantial harm pipeline
which the material is purchased from facilities must prepare and submit
the manufacturer. plans to PHMSA for review.
Stress level means the level of tangen- (b) Exception. An operator need not
tial or hoop stress, usually expressed as submit a response plan for:
a percentage of specified minimum (1) A pipeline that is 65⁄8 inches (168
yield strength. millimeters) or less in outside nominal
Worst case discharge means the larg- diameter, is 10 miles (16 kilometers) or
est foreseeable discharge of oil, includ- less in length, and all of the following
ing a discharge from fire or explosion, conditions apply to the pipeline:
in adverse weather conditions. This (i) The pipeline has not experienced a
volume will be determined by each release greater than 1,000 barrels (159
pipeline operator for each response cubic meters) within the previous five
zone and is calculated according to years,
§ 194.105.
(ii) The pipeline has not experienced
[58 FR 253, Jan. 5, 1993, as amended by Amdt. at least two reportable releases, as de-
194–3, 63 FR 37505, July 13, 1998; Amdt. 194–4, fined in § 195.50, within the previous
70 FR 8746, Feb. 23, 2005] five years,
§ 194.7 Operating restrictions and in- (iii) A pipeline containing any elec-
terim operating authorization. tric resistance welded pipe, manufac-
tured prior to 1970, does not operate at
(a) An operator of a pipeline for a maximum operating pressure estab-
which a response plan is required under lished under § 195.406 that corresponds
§ 194.101, may not handle, store, or to a stress level greater than 50 percent
transport oil in that pipeline unless the of the specified minimum yield
operator has submitted a response plan strength of the pipe, and
meeting the requirements of this part.
(iv) The pipeline is not in proximity
(b) An operator must operate its on-
to navigable waters, public drinking
shore pipeline facilities in accordance
water intakes, or environmentally sen-
with the applicable response plan.
sitive areas.
(c) The operator of a pipeline line
section described in § 194.103(c), may (2)(i) A line section that is greater
continue to operate the pipeline for than 65⁄8 inches in outside nominal di-
two years after the date of submission ameter and is greater than 10 miles in
of a response plan, pending approval or length, where the operator determines
disapproval of that plan, only if the op- that it is unlikely that the worst case
erator has submitted the certification discharge from any point on the line
required by § 194.119(e). section would adversely affect, within
12 hours after the initiation of the dis-
[Amdt. 194–4, 70 FR 8746, Feb. 23, 2005] charge, any navigable waters, public
drinking water intake, or environ-
Subpart B—Response Plans mentally sensitive areas.
(ii) A line section that is 65⁄8 inches
§ 194.101 Operators required to submit (168 millimeters) or less in outside
plans. nominal diameter and is 10 miles (16
(a) Except as provided in paragraph kilometers) or less in length, where the
(b) of this section, unless OPS grants a operator determines that it is unlikely
request from an Federal On-Scene Co- that the worst case discharge from any
ordinator (FOSC) to require an oper- point on the line section would ad-
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§ 194.103 49 CFR Ch. I (10–1–07 Edition)

initiation of the discharge, any navi- public drinking water intakes and
gable waters, public drinking water in- could reasonably be expected to reach
take, or environmentally sensitive public drinking water intakes, or
areas. (5) Is located within a 1 mile (1.6 kilo-
[58 FR 253, Jan. 5, 1993, as amended by Amdt. meter) radius of potentially affected
194–3, 63 FR 37505, July 13, 1998; Amdt. 194–4, environmentally sensitive areas, and
70 FR 8747, Feb. 23, 2005; 70 FR 11140, Mar. 8, could reasonably be expected to reach
2005] these areas.
§ 194.103 Significant and substantial [58 FR 253, Jan. 5, 1993, as amended by Amdt.
harm; operator’s statement. 194–3, 63 FR 37505, July 13, 1998]
(a) Each operator shall submit a
statement with its response plan, as re- § 194.105 Worst case discharge.
quired by §§ 194.107 and 194.113, identi- (a) Each operator shall determine the
fying which line sections in a response worst case discharge for each of its re-
zone can be expected to cause signifi- sponse zones and provide the method-
cant and substantial harm to the envi- ology, including calculations, used to
ronment in the event of a discharge of arrive at the volume.
oil into or on the navigable waters or (b) The worst case discharge is the
adjoining shorelines. largest volume, in barrels (cubic me-
(b) If an operator expects a line sec-
ters), of the following:
tion in a response zone to cause signifi-
cant and substantial harm, then the (1) The pipeline’s maximum release
entire response zone must, for the pur- time in hours, plus the maximum shut-
pose of response plan review and ap- down response time in hours (based on
proval, be treated as if it is expected to historic discharge data or in the ab-
cause significant and substantial harm. sence of such historic data, the opera-
However, an operator will not have to tor’s best estimate), multiplied by the
submit separate plans for each line sec- maximum flow rate expressed in bar-
tion. rels per hour (based on the maximum
(c) A line section can be expected to daily capacity of the pipeline), plus the
cause significant and substantial harm largest line drainage volume after
to the environment in the event of a shutdown of the line section(s) in the
discharge of oil into or on the navi- response zone expressed in barrels
gable waters or adjoining shorelines if; (cubic meters); or
the pipeline is greater than 65⁄8 inches (2) The largest foreseeable discharge
(168 millimeters) in outside nominal di- for the line section(s) within a response
ameter, greater than 10 miles (16 kilo- zone, expressed in barrels (cubic me-
meters) in length, and the line sec- ters), based on the maximum historic
tion— discharge, if one exists, adjusted for
(1) Has experienced a release greater any subsequent corrective or preven-
than 1,000 barrels (159 cubic meters)
tive action taken; or
within the previous five years,
(2) Has experienced two or more re- (3) If the response zone contains one
portable releases, as defined in § 195.50, or more breakout tanks, the capacity
within the previous five years, of the single largest tank or battery of
(3) Containing any electric resistance tanks within a single secondary con-
welded pipe, manufactured prior to tainment system, adjusted for the ca-
1970, operates at a maximum operating pacity or size of the secondary contain-
pressure established under § 195.406 that ment system, expressed in barrels
corresponds to a stress level greater (cubic meters).
than 50 percent of the specified min- (4) Operators may claim prevention
imum yield strength of the pipe, credits for breakout tank secondary
(4) Is located within a 5 mile (8 kilo- containment and other specific spill
meter) radius of potentially affected prevention measures as follows:
Credit
Prevention measure Standard (percent)

Secondary containment > 100% ............................................................................................... NFPA 30 .............. 50


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Pipeline and Hazardous Materials Safety Administration, DOT § 194.107

Credit
Prevention measure Standard (percent)

Built/repaired to API standards ................................................................................................. API STD 620/650/ 10


653.
Overfill protection standards ..................................................................................................... API RP 2350 ....... 5
Testing/cathodic protection ....................................................................................................... API STD 650/651/ 5
653.
Tertiary containment/drainage/treatment .................................................................................. NFPA 30 .............. 5
Maximum allowable credit ......................................................................................................... .............................. 75

[58 FR 253, Jan. 5, 1993, as amended by Amdt. (2) As a minimum, to be consistent


194–3, 63 FR 37505, July 13, 1998; Amdt. 194–4, with the applicable ACP the plan must:
70 FR 8747, Feb. 23, 2005; Amdt. 194–5, 70 FR (i) Address the removal of a worst
35042, June 16, 2005]
case discharge and the mitigation or
§ 194.107 General response plan re- prevention of a substantial threat of a
quirements. worst case discharge;
(ii) Identify environmentally and
(a) Each response plan must include economically sensitive areas;
procedures and a list of resources for (iii) Describe the responsibilities of
responding, to the maximum extent the operator and of Federal, State and
practicable, to a worst case discharge local agencies in removing a discharge
and to a substantial threat of such a and in mitigating or preventing a sub-
discharge. The ‘‘substantial threat’’ stantial threat of a discharge; and
term is equivalent to abnormal oper- (iv) Establish the procedures for ob-
ations outlined in 49 CFR 195.402(d). To taining an expedited decision on use of
comply with this requirement, an oper- dispersants or other chemicals.
ator can incorporate by reference into (c) Each response plan must include:
the response plan the appropriate pro- (1) A core plan consisting of—
cedures from its manual for operations, (i) An information summary as re-
maintenance, and emergencies, which quired in § 194.113,
is prepared in compliance with 49 CFR (ii) Immediate notification proce-
195.402. dures,
(b) An operator must certify in the (iii) Spill detection and mitigation
response plan that it reviewed the NCP procedures,
and each applicable ACP and that its (iv) The name, address, and telephone
response plan is consistent with the number of the oil spill response organi-
NCP and each applicable ACP as fol- zation, if appropriate,
lows: (v) Response activities and response
(1) As a minimum to be consistent resources,
with the NCP a facility response plan (vi) Names and telephone numbers of
must: Federal, State and local agencies
(i) Demonstrate an operator’s clear which the operator expects to have pol-
understanding of the function of the lution control responsibilities or sup-
Federal response structure, including port,
procedures to notify the National Re- (vii) Training procedures,
sponse Center reflecting the relation- (viii) Equipment testing,
ship between the operator’s response (ix) Drill program—an operator will
organization’s role and the Federal On satisfy the requirement for a drill pro-
Scene Coordinator’s role in pollution gram by following the National Pre-
response; paredness for Response Exercise Pro-
(ii) Establish provisions to ensure the gram (PREP) guidelines. An operator
protection of safety at the response choosing not to follow PREP guidelines
site; and must have a drill program that is
(iii) Identify the procedures to obtain equivalent to PREP. The operator
any required Federal and State permis- must describe the drill program in the
sions for using alternative response response plan and OPS will determine
strategies such as in-situ burning and if the program is equivalent to PREP.
dispersants as provided for in the appli- (x) Plan review and update proce-
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§ 194.109 49 CFR Ch. I (10–1–07 Edition)

(2) An appendix for each response ple, in field offices, supervisors’ vehi-
zone that includes the information re- cles, or spill response trailers.
quired in paragraph (c)(1)(i)–(ix) of this (b) Each operator shall provide a
section and the worst case discharge copy of its response plan to each quali-
calculations that are specific to that fied individual.
response zone. An operator submitting
[58 FR 253, Jan. 5, 1993, as amended by Amdt.
a response plan for a single response 194–4, 70 FR 8748, Feb. 23, 2005]
zone does not need to have a core plan
and a response zone appendix. The op- § 194.113 Information summary.
erator of a single response zone on-
(a) The information summary for the
shore pipeline shall have a single sum-
core plan, required by § 194.107, must in-
mary in the plan that contains the re-
clude:
quired information in § 194.113.7; and
(1) The name and address of the oper-
(3) A description of the operator’s re-
ator; and
sponse management system including
(2) For each response zone which con-
the functional areas of finance, logis-
tains one or more line sections that
tics, operations, planning, and com-
meet the criteria for determining sig-
mand. The plan must demonstrate that
nificant and substantial harm as de-
the operator’s response management
scribed in § 194.103, a listing and de-
system uses common terminology and
scription of the response zones, includ-
has a manageable span of control, a
ing county(s) and state(s).
clearly defined chain of command, and
(b) The information summary for the
sufficient trained personnel to fill each
response zone appendix, required in
position.
§ 194.107, must include:
[Amdt. 194–4, 70 FR 8747, Feb. 23, 2005] (1) The information summary for the
core plan;
§ 194.109 Submission of state response (2) The names or titles and 24-hour
plans. telephone numbers of the qualified in-
(a) In lieu of submitting a response dividual(s) and at least one alternate
plan required by § 194.103, an operator qualified individual(s);
may submit a response plan that com- (3) The description of the response
plies with a state law or regulation, if zone, including county(s) and state(s),
the state law or regulation requires a for those zones in which a worst case
plan that provides equivalent or great- discharge could cause substantial harm
er spill protection than a plan required to the environment;
under this part. (4) A list of line sections for each
(b) A plan submitted under this sec- pipeline contained in the response
tion must zone, identified by milepost or survey
(1) Have an information summary re- station number, or other operator des-
quired by § 194.113; ignation;
(2) List the names or titles and 24- (5) The basis for the operator’s deter-
hour telephone numbers of the quali- mination of significant and substantial
fied individual(s) and at least one al- harm; and
ternate qualified individual(s); and (6) The type of oil and volume of the
(3) Ensure through contract or other worst case discharge.
approved means the necessary private
[58 FR 253, Jan. 5, 1993, as amended by Amdt.
personnel and equipment to respond to 194–4, 70 FR 8748, Feb. 23, 2005]
a worst case discharge or a substantial
threat of such a discharge. § 194.115 Response resources.
[58 FR 253, Jan. 5, 1993, as amended by Amdt. (a) Each operator shall identify and
194–4, 70 FR 8748, Feb. 23, 2005] ensure, by contract or other approved
means, the resources necessary to re-
§ 194.111 Response plan retention. move, to the maximum extent prac-
(a) Each operator shall maintain rel- ticable, a worst case discharge and to
evant portions of its response plan at mitigate or prevent a substantial
the operator’s headquarters and at threat of a worst case discharge.
other locations from which response (b) An operator shall identify in the
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Pipeline and Hazardous Materials Safety Administration, DOT § 194.119

which are available to respond within (c) Nothing in this section relieves an
the time specified, after discovery of a operator from the responsibility to en-
worst case discharge, or to mitigate sure that all response personnel are
the substantial threat of such a dis- trained to meet the Occupational Safe-
charge, as follows: ty and Health Administration (OSHA)
standards for emergency response oper-
Tier 1 Tier 2 Tier 3
ations in 29 CFR 1910.120, including vol-
High volume area ...... 6 hrs ........ 30 hrs ...... 54 hrs. unteers or casual laborers employed
All other areas ........... 12 hrs ...... 36 hrs ...... 60 hrs. during a response who are subject to
those standards pursuant to 40 CFR
§ 194.117 Training. part 311.
(a) Each operator shall conduct
§ 194.119 Submission and approval
training to ensure that: procedures.
(1) All personnel know—
(i) Their responsibilities under the (a) Each operator shall submit two
response plan, copies of the response plan required by
(ii) The name and address of, and the this part. Copies of the response plan
procedure for contacting, the operator shall be submitted to: Pipeline Re-
on a 24-hour basis, and sponse Plans Officer, Pipeline and
(iii) The name of, and procedures for Hazadous Material Safety
contacting, the qualified individual on Administraion, Department of Trans-
a 24-hour basis; portation, 400 Seventh Street, SW.,
(2) Reporting personnel know— Washington, DC 20590–0001. Note: Sub-
(i) The content of the information mission of plans in electronic format is
summary of the response plan, preferred.
(ii) The toll-free telephone number of (b) If PHMSA determines that a re-
the National Response Center, and sponse plan requiring approval does not
(iii) The notification process; and meet all the requirements of this part,
(3) Personnel engaged in response ac- PHMSA will notify the operator of any
tivities know— alleged deficiencies, and to provide the
(i) The characteristics and hazards of operator an opportunity to respond, in-
the oil discharged, cluding the opportunity for an infor-
(ii) The conditions that are likely to mal conference, on any proposed plan
worsen emergencies, including the con- revisions and an opportunity to correct
sequences of facility malfunctions or any deficiencies.
failures, and the appropriate corrective (c) An operator who disagrees with
actions, the PHMSA determination that a plan
(iii) The steps necessary to control contains alleged deficiencies may peti-
any accidental discharge of oil and to tion PHMSA for reconsideration within
minimize the potential for fire, explo- 30 days from the date of receipt of
sion, toxicity, or environmental dam- PHMSA’s notice. After considering all
age, and relevant material presented in writing
(iv) The proper firefighting proce- or at an informal conference, PHMSA
dures and use of equipment, fire suits, will notify the operator of its final de-
and breathing apparatus. cision. The operator must comply with
(b) Each operator shall maintain a the final decision within 30 days of
training record for each individual that issuance unless PHMSA allows addi-
has been trained as required by this tional time.
section. These records must be main- (d) For response zones of pipelines de-
tained in the following manner as long scribed in § 194.103(c) OPS will approve
as the individual is assigned duties the response plan if OPS determines
under the response plan: that the response plan meets all re-
(1) Records for operator personnel quirements of this part. OPS may con-
must be maintained at the operator’s sult with the U.S. Environmental Pro-
headquarters; and tection Agency (EPA) or the U.S. Coast
(2) Records for personnel engaged in Guard (USCG) if a Federal on-scene co-
response, other than operator per- ordinator (FOSC) has concerns about
sonnel, shall be maintained as deter- the operator’s ability to respond to a
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§ 194.121 49 CFR Ch. I (10–1–07 Edition)

(e) If OPS has not approved a re- (2) Relocation or replacement of the
sponse plan for a pipeline described in pipeline in a way that substantially af-
§ 194.103(c), the operator may submit a fects the information included in the
certification to OPS that the operator response plan, such as a change to the
has obtained, through contract or worst case discharge volume;
other approved means, the necessary (3) The type of oil transported, if the
personnel and equipment to respond, to type affects the required response re-
the maximum extent practicable, to a sources, such as a change from crude
worst case discharge or a substantial oil to gasoline;
threat of such a discharge. The certifi- (4) The name of the oil spill removal
cate must be signed by the qualified in- organization;
dividual or an appropriate corporate of- (5) Emergency response procedures;
ficer. (6) The qualified individual;
(f) If OPS receives a request from a (7) A change in the NCP or an ACP
FOSC to review a response plan, OPS that has significant impact on the
may require an operator to give a copy equipment appropriate for response ac-
of the response plan to the FOSC. OPS tivities; and
may consider FOSC comments on re- (8) Any other information relating to
sponse techniques, protecting fish, circumstances that may affect full im-
wildlife and sensitive environments, plementation of the plan.
and on consistency with the ACP. OPS (c) If PHMSA determines that a
remains the approving authority for change to a response plan does not
the response plan. meet the requirements of this part,
[58 FR 253, Jan. 5, 1993, as amended byAmdt. PHMSA will notify the operator of any
194–4, 70 FR 8748, Feb. 23, 2005; 70 FR 1140, alleged deficiencies, and provide the
Mar. 8, 2005] operator an opportunity to respond, in-
cluding an opportunity for an informal
§ 194.121 Response plan review and conference, to any proposed plan revi-
update procedures.
sions and an opportunity to correct
(a) Each operator shall update its re- any deficiencies.
sponse plan to address new or different (d) An operator who disagrees with a
operating conditions or information. In determination that proposed revisions
addition, each operator shall review its to a plan are deficient may petition
response plan in full at least every 5 PHMSA for reconsideration, within 30
years from the date of the last submis- days from the date of receipt of
sion or the last approval as follows: PHMSA’s notice. After considering all
(1) For substantial harm plans, an op- relevant material presented in writing
erator shall resubmit its response plan or at the conference, PHMSA will no-
to OPS every 5 years from the last sub- tify the operator of its final decision.
mission date. The operator must comply with the
(2) For significant and substantial final decision within 30 days of
harm plans, an operator shall resubmit issuance unless PHMSA allows addi-
every 5 years from the last approval tional time.
date.
(b) If a new or different operating [58 FR 253, Jan. 5, 1993, as amended by Amdt.
194–1, 62 FR 67293, Dec. 24, 1997; Amdt. 194–4,
condition or information would sub-
70 FR 8748, Feb. 23, 2005; 70 FR 11140, Mar. 8,
stantially affect the implementation of 2005]
a response plan, the operator must im-
mediately modify its response plan to APPENDIX A TO PART 194—GUIDELINES
address such a change and, within 30 FOR THE PREPARATION OF RESPONSE
days of making such a change, submit PLANS
the change to PHMSA. Examples of
changes in operating conditions that This appendix provides a recommended for-
would cause a significant change to an mat for the preparation and submission of
the response plans required by 49 CFR Part
operator’s response plan are: 194. Operators are referenced to the most
(1) An extension of the existing pipe- current version of the guidance documents
line or construction of a new pipeline listed below. Although these documents con-
in a response zone not covered by the tain guidance to assist in preparing response
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154

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Pipeline and Hazardous Materials Safety Administration, DOT Pt. 194, App. A
(1) The ‘‘National Preparedness for Re- formed by operating personnel or other per-
sponse Exercise Program (PREP) Guide- sonnel;
lines’’ (PREP), which can be found using the (d) Procedures for notifying qualified indi-
search function on the USCG’s PREP Web viduals;
page, http://www.uscg.mil; (e) The primary and secondary commu-
(2) The National Response Team’s ‘‘Inte- nication methods by which notifications can
grated Contingency Plan Guidance,’’ which be made; and
can be found using the search function at the (f) The information to be provided in the
National Response Center’s Web site, http:// initial and each follow-up notification, in-
www.nrt.org and; cluding the following:
(3) 33 CFR Part 154, Appendix C, ‘‘Guide- (1) Name of pipeline;
lines for Determining and Evaluating Re- (2) Time of discharge;
quired Response Resources for Facility Re- (3) Location of discharge;
sponse Plans.’’ (4) Name of oil involved;
(5) Reason for discharge (e.g., material fail-
Response Plan: Section 1. Information Summary ure, excavation damage, corrosion);
(6) Estimated volume of oil discharged;
Section 1 would include the following:
(7) Weather conditions on scene; and
(a) For the core plan:
(8) Actions taken or planned by persons on
(1) The name and address of the operator;
scene.
and
(2) For each response zone which contains Response Plan: Section 3. Spill Detection and
one or more line sections that meet the cri- On-Scene Spill Mitigation Procedures
teria for determining significant and sub-
stantial harm as described in § 194.103, a list- Section 3 would include the following:
ing and description of the response zones, in- (a) Methods of initial discharge detection;
cluding county(s) and state(s). (b) Procedures, listed in the order of pri-
(b) For each response zone appendix: ority, that personnel are required to follow
(1) The information summary for the core in responding to a pipeline emergency to
plan; mitigate or prevent any discharge from the
(2) The name and telephone number of the pipeline;
qualified individual, available on a 24-hour (c) A list of equipment that may be needed
in response activities on land and navigable
basis;
waters, including—
(3) A description of the response zone, in-
(1) Transfer hoses and connection equip-
cluding county(s) and state(s) in which a
ment;
worst case discharge could cause substantial
(2) Portable pumps and ancillary equip-
harm to the environment;
ment; and
(4) A list of line sections contained in the
(3) Facilities available to transport and re-
response zone, identified by milepost or sur- ceive oil from a leaking pipeline;
vey station number or other operator des- (d) Identification of the availability, loca-
ignation. tion, and contact telephone numbers to ob-
(5) The basis for the operator’s determina- tain equipment for response activities on a
tion of significant and substantial harm; and 24-hour basis; and
(6) The type of oil and volume of the worst (e) Identification of personnel and their lo-
case discharge. cation, telephone numbers, and responsibil-
(c) The certification that the operator has ities for use of equipment in response activi-
obtained, through contract or other ap- ties on a 24-hour basis.
proved means, the necessary private per-
sonnel and equipment to respond, to the Response Plan: Section 4. Response Activities
maximum extent practicable, to a worst case
Section 4 would include the following:
discharge or a substantial threat of such a
(a) Responsibilities of, and actions to be
discharge.
taken by, operating personnel to initiate and
Response Plan: Section 2. Notification supervise response actions pending the ar-
Procedures rival of the qualified individual or other re-
sponse resources identified in the response
Section 2 would include the following: plan;
(a) Notification requirements that apply in (b) The qualified individual’s responsibil-
each area of operation of pipelines covered ities and authority, including notification of
by the plan, including applicable State or the response resources identified in the plan;
local requirements; (c) Procedures for coordinating the actions
(b) A checklist of notifications the oper- of the operator or qualified individual with
ator or qualified individual is required to the action of the OSC responsible for moni-
make under the response plan, listed in the toring or directing those actions;
order of priority; (d) Oil spill response organizations avail-
(c) Names of persons (individuals or orga- able, through contract or other approved
nizations) to be notified of a discharge, indi- means, to respond to a worst case discharge
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Pt. 194, App. B 49 CFR Ch. I (10–1–07 Edition)
(e) For each organization identified under (a) The name and telephone number of the
paragraph (d) of this section, a listing of: qualified individual;
(1) Equipment and supplies available; and (b) Notification procedures;
(2) Trained personnel necessary to con- (c) Spill detection and mitigation proce-
tinue operation of the equipment and staff dures;
the oil spill removal organization for the (d) Name, address, and telephone number
first 7 days of the response. of oil spill response organization;
(e) Response activities and response re-
Response Plan: Section 5. List of Contacts sources including—
Section 5 would include the names and ad- (1) Equipment and supplies necessary to
dresses of the following individuals or orga- meet § 194.115, and
nizations, with telephone numbers at which (2) The trained personnel necessary to sus-
they can be contacted on a 24-hour basis: tain operation of the equipment and to staff
(a) A list of persons the plan requires the the oil spill removal organization and spill
operator to contact; management team for the first 7 days of the
(b) Qualified individuals for the operator’s response;
areas of operation; (f) Names and telephone numbers of Fed-
(c) Applicable insurance representatives or eral, state and local agencies which the oper-
surveyors for the operator’s areas of oper- ator expects to assume pollution response re-
ation; and sponsibilities;
(d) Persons or organizations to notify for (g) The worst case discharge volume;
activation of response resources. (h) The method used to determine the
worst case discharge volume, with calcula-
Response plan: Section 6. Training Procedures tions;
Section 6 would include a description of (i) A map that clearly shows—
the training procedures and programs of the (1) The location of the worst case dis-
operator. charge, and
(2) The distance between each line section
Response plan: Section 7. Drill Procedures in the response zone and—
(i) Each potentially affected public drink-
Section 7 would include a description of ing water intake, lake, river, and stream
the drill procedures and programs the oper- within a radius of 5 miles (8 kilometers) of
ator uses to assess whether its response plan the line section, and
will function as planned. It would include: (ii) Each potentially affected environ-
(a) Announced and unannounced drills;
mentally sensitive area within a radius of 1
(b) The types of drills and their fre-
mile (1.6 kilometer) of the line section;
quencies. For example, drills could be de-
(j) A piping diagram and plan-profile draw-
scribed as follows:
ing of each line section, which may be kept
(1) Manned pipeline emergency procedures
separate from the response plan if the loca-
and qualified individual notification drills
tion is identified; and
conducted quarterly.
(k) For every oil transported by each pipe-
(2) Drills involving emergency actions by
line in the response zone, emergency re-
assigned operating or maintenance personnel
sponse data that—
and notification of the qualified individual
(1) Include the name, description, physical
on pipeline facilities which are normally un-
and chemical characteristics, health and
manned, conducted quarterly.
safety hazards, and initial spill-handling and
(3) Shore-based spill management team ta-
firefighting methods; and
bletop drills conducted yearly.
(2) Meet 29 CFR 1910.1200 or 49 CFR 172.602.
(4) Oil spill removal organization field
equipment deployment drills conducted [58 FR 253, Jan. 5, 1993, as amended by Amdt.
yearly. 194–3, 63 FR 37505, July 13, 1998; Amdt. 194–4,
(5) A drill that exercises the entire re- 70 FR 8748, Feb. 23, 2005]
sponse plan for each response zone, would be
conducted at least once every 3 years. APPENDIX B TO PART 194—HIGH VOLUME
AREAS
Response plan: Section 8. Response Plan Review
and Update Procedures As of January 5, 1993 the following areas
Section 8 would include the following: are high volume areas:
(a) Procedures to meet § 194.121; and
Major rivers Nearest town and state
(b) Procedures to review the plan after a
worst case discharge and to evaluate and Arkansas River ...................... N. Little Rock, AR.
record the plan’s effectiveness. Arkansas River ...................... Jenks, OK.
Arkansas River ...................... Little Rock, AR.
Response plan: Section 9. Response Zone Black Warrior River ............... Moundville, AL.
Appendices. Black Warrior River ............... Akron, AL.
Brazos River .......................... Glen Rose, TX.
Each response zone appendix would provide Brazos River .......................... Sealy, TX.
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the following information: Catawba River ....................... Mount Holly, NC.

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Pipeline and Hazardous Materials Safety Administration, DOT Pt. 195

Major rivers Nearest town and state Cook Inlet, AK


Freeport, TX
Chattahoochee River ............. Sandy Springs, GA. Los Angeles/Long Beach Harbor, CA
Colorado River ....................... Yuma, AZ. Port Lavaca, TX
Colorado River ....................... LaPaz, AZ.
Connecticut River .................. Lancaster, NH.
San Fransico/San Pablo Bay, CA
Coosa River ........................... Vincent, AL.
Cumberland River .................. Clarksville, TN.
Delaware River ...................... Frenchtown, NJ.
PART 195—TRANSPORTATION OF
Delaware River ...................... Lower Chichester, NJ. HAZARDOUS LIQUIDS BY PIPELINE
Gila River ............................... Gila Bend, AZ.
Grand River ........................... Bosworth, MO.
Illinois River ........................... Chillicothe, IL.
Subpart A—General
Illinois River ........................... Havanna, IL.
James River ........................... Arvonia, VA.
Sec.
Kankakee River ..................... Kankakee, IL. 195.0 Scope.
Kankakee River ..................... South Bend, IN. 195.1 Applicability.
Kankakee River ..................... Wilmington, IL. 195.2 Definitions.
Kentucky River ...................... Salvisa, KY. 195.3 Incorporation by reference.
Kentucky River ...................... Worthville, KY. 195.4 Compatibility necessary for transpor-
Maumee River ....................... Defiance, OH.
Maumee River ....................... Toledo, OH.
tation of hazardous liquids or carbon di-
Mississippi River .................... Myrtle Grove, LA. oxide.
Mississippi River .................... Woodriver, IL. 195.5 Conversion to service subject to this
Mississippi River .................... Chester, IL. part.
Mississippi River .................... Cape Girardeau, MO. 195.6 Unusually Sensitive Areas (USAs).
Mississippi River .................... Woodriver, IL. 195.8 Transportation of hazardous liquid or
Mississippi River .................... St. James, LA.
carbon dioxide in pipelines constructed
Mississippi River .................... New Roads, LA.
Mississippi River .................... Ball Club, MN. with other than steel pipe.
Mississippi River .................... Mayersville, MS. 195.9 Outer continental shelf pipelines.
Mississippi River .................... New Roads, LA. 195.10 Responsibility of operator for compli-
Mississippi River .................... Quincy, IL. ance with this part.
Mississippi River .................... Ft. Madison, IA.
Missouri River ........................ Waverly, MO. Subpart B—Annual, Accident, and Safety-
Missouri River ........................ St. Joseph, MO.
Missouri River ........................ Weldon Springs, MO. Related Condition Reporting
Missouri River ........................ New Frankfort, MO.
Naches River ......................... Beaumont, TX. 195.49 Annual report.
Ohio River .............................. Joppa, IL. 195.50 Reporting accidents.
Ohio River .............................. Cincinnati, OH. 195.52 Telephonic notice of certain acci-
Ohio River .............................. Owensboro, KY. dents.
Pascagoula River .................. Lucedale, MS. 195.54 Accident reports.
Pascagoula River .................. Wiggins, MS.
Pearl River ............................. Columbia, MS.
195.55 Reporting safety-related conditions.
Pearl River ............................. Oria, TX. 195.56 Filing safety-related condition re-
Platte River ............................ Ogaliala, NE. ports.
Potomac River ....................... Reston, VA. 195.57 Filing offshore pipeline condition re-
Rappahannock River ............. Midland, VA. ports.
Raritan River .......................... South Bound Brook, NJ. 195.58 Address for written reports.
Raritan River .......................... Highland Park, NJ.
Red River (of the South) ....... Hanna, LA.
195.59 Abandonment or deactivation of fa-
Red River (of the South) ....... Bonham, TX. cilities.
Red River (of the South) ....... Dekalb, TX. 195.60 Operator assistance in investigation.
Red River (of the South) ....... Sentell Plantation, LA. 195.62 Supplies of accident report DOT
Red River (of the North) ........ Wahpeton, ND. Form 7000–1.
Rio Grande ............................ Anthony, NM. 195.63 OMB control number assigned to in-
Sabine River .......................... Edgewood, TX. formation collection.
Sabine River .......................... Leesville, LA.
Sabine River .......................... Orange, TX.
Sabine River .......................... Echo, TX. Subpart C—Design Requirements
Savannah River ..................... Hartwell, GA.
Smokey Hill River .................. Abilene, KS. 195.100 Scope.
Susquehanna River ............... Darlington, MD. 195.101 Qualifying metallic components
Tenessee River ..................... New Johnsonville, TN. other than pipe.
Wabash River ........................ Harmony, IN. 195.102 Design temperature.
Wabash River ........................ Terre Haute, IN. 195.104 Variations in pressure.
Wabash River ........................ Mt. Carmel, IL. 195.106 Internal design pressure.
White River ............................ Batesville, AR.
White River ............................ Grand Glaise, AR.
195.108 External pressure.
Wisconsin River ..................... Wisconsin Rapids, WI. 195.110 External loads.
Yukon River ........................... Fairbanks, AK. 195.111 Fracture propagation.
195.112 New pipe.
195.114 Used pipe.
Other Navigable Waters
195.116 Valves.
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Arthur Kill Channel, NY 195.118 Fittings.

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Pt. 195 49 CFR Ch. I (10–1–07 Edition)
195.120 Passage of internal inspection de- 195.401 General requirements.
vices. 195.402 Procedural manual for operations,
195.122 Fabricated branch connections. maintenance, and emergencies.
195.124 Closures. 195.403 Emergency response training.
195.126 Flange connection. 195.404 Maps and records.
195.128 Station piping. 195.405 Protection against ignitions and safe
195.130 Fabricated assemblies. access/egress involving floating roofs.
195.132 Design and construction of above- 195.406 Maximum operating pressure.
ground breakout tanks. 195.408 Communications.
195.134 CPM leak detection. 195.410 Line markers.
195.412 Inspection of rights-of-way and
Subpart D—Construction crossings under navigable waters.
195.200 Scope. 195.413 Underwater inspection and reburial
195.202 Compliance with specifications or of pipelines in the Gulf of Mexico and its
standards. inlets.
195.204 Inspection—general. 195.414–195.418 [Reserved]
195.205 Repair, alteration and reconstruc- 195.420 Valve maintenance.
tion of aboveground breakout tanks that 195.422 Pipeline repairs.
have been in service. 195.424 Pipe movement.
195.206 Material inspection. 195.426 Scraper and sphere facilities.
195.208 Welding of supports and braces. 195.428 Overpressure safety devices and
195.210 Pipeline location. overfill protection systems.
195.212 Bending of pipe. 195.430 Firefighting equipment.
195.214 Welding: General. 195.432 Inspection of in-service breakout
195.216 Welding: Miter joints. tanks.
195.222 Welders: Qualification of welders. 195.434 Signs.
195.224 Welding: Weather. 195.436 Security of facilities.
195.226 Welding: Arc burns. 195.438 Smoking or open flames.
195.228 Welds and welding inspection: 195.440 Public awareness.
Standards of acceptability. 195.442 Damage prevention program.
195.230 Welds: Repair or removal of defects. 195.444 CPM leak detection.
195.234 Welds: Nondestructive testing.
195.236–195.244 [Reserved] HIGH CONSEQUENCE AREAS
195.246 Installation of pipe in a ditch. 195.450 Definitions.
195.248 Cover over buried pipeline.
195.250 Clearance between pipe and under- PIPELINE INTEGRITY MANAGEMENT
ground structures.
195.252 Backfilling. 195.452 Pipeline integrity management in
195.254 Above ground components. high consequence areas.
195.256 Crossing of railroads and highways.
195.258 Valves: General. Subpart G—Qualification of Pipeline
195.260 Valves: Location. Personnel
195.262 Pumping equipment.
195.264 Impoundment, protection against 195.501 Scope.
entry, normal/emergency venting or 195.503 Definitions.
pressure/vacuum relief for aboveground 195.505 Qualification program.
breakout tanks. 195.507 Recordkeeping.
195.266 Construction records. 195.509 General.

Subpart E—Pressure Testing Subpart H—Corrosion Control

195.300 Scope. 195.551 What do the regulations in this sub-


195.302 General requirements. part cover?
195.303 Risk-based alternative to pressure 195.553 What special definitions apply to
testing older hazardous liquid and carbon this subpart?
dioxide pipelines. 195.555 What are the qualifications for su-
195.304 Test pressure. pervisors?
195.305 Testing of components. 195.557 Which pipelines must have coating
195.306 Test medium. for external corrosion control?
195.307 Pressure testing aboveground break- 195.559 What coating material may I use for
out tanks. external corrosion control?
195.308 Testing of tie-ins. 195.561 When must I inspect pipe coating
195.310 Records. used for external corrosion control?
195.563 Which pipelines must have cathodic
Subpart F—Operation and Maintenance protection?
195.565 How do I install cathodic protection
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195.400 Scope. on breakout tanks?

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Pipeline and Hazardous Materials Safety Administration, DOT § 195.1
195.567 Which pipelines must have test leads dioxide associated with those facilities
and what must I do to install and main- in or affecting interstate or foreign
tain the leads? commerce, including pipeline facilities
195.569 Do I have to examine exposed por-
tions of buried pipelines? on the Outer Continental Shelf.
195.571 What criteria must I use to deter- (b) This part does not apply to—
mine the adequacy of cathodic protec- (1) Transportation of a hazardous liq-
tion? uid that is transported in a gaseous
195.573 What must I do to monitor external state;
corrosion control?
195.575 Which facilities must I electrically (2) Transportation of a hazardous liq-
isolate and what inspections, tests, and uid through a pipeline by gravity;
safeguards are required? (3) Transportation through any of the
195.577 What must I do to alleviate inter- following low-stress pipelines:
ference currents? (i) An onshore pipeline or pipeline
195.579 What must I do to mitigate internal
corrosion?
segment that—
195.581 Which pipelines must I protect (A) Does not transport HVL;
against atmospheric corrosion and what (B) Is located in a rural area; and
coating material may I use? (C) Is located outside a waterway
195.583 What must I do to monitor atmos- currently used for commercial naviga-
pheric corrosion control?
195.585 What must I do to correct corroded
tion;
pipe? (ii) A pipeline subject to safety regu-
195.587 What methods are available to deter- lations of the U.S. Coast Guard; or
mine the strength of corroded pipe? (iii) A pipeline that serves refining,
195.588 What standards apply to direct as- manufacturing, or truck, rail, or vessel
sessment?
terminal facilities, if the pipeline is
195.589 What corrosion control information
do I have to maintain? less than 1 mile long (measured outside
APPENDIX A TO PART 195—DELINEATION BE-
facility grounds) and does not cross an
TWEEN FEDERAL AND STATE JURISDIC- offshore area or a waterway currently
TION—STATEMENT OF AGENCY POLICY AND used for commercial navigation;
INTERPRETATION (4) Transportation of petroleum in
APPENDIX B TO PART 195—RISK-BASED ALTER- onshore gathering lines in rural areas
NATIVE TO PRESSURE TESTING OLDER HAZ-
except gathering lines in the inlets of
ARDOUS LIQUID AND CARBON DIOXIDE PIPE-
LINES
the Gulf of Mexico subject to § 195.413;
APPENDIX C TO PART 195—GUIDANCE FOR IM- (5) Transportation of hazardous liq-
PLEMENTATION OF AN INTEGRITY MANAGE- uid or carbon dioxide in offshore pipe-
MENT PROGRAM lines in State waters which are located
AUTHORITY: 49 U.S.C. 5103, 60102, 60104, upstream from the outlet flange of
60108, 60109, 60118; and 49 CFR 1.53. each facility where hydrocarbons or
carbon dioxide are produced or where
SOURCE: Amdt. 195–22, 46 FR 38360, July 27,
1981, unless otherwise noted. produced hydrocarbons or carbon diox-
ide are first separated, dehydrated, or
EDITORIAL NOTE: Nomenclature changes to otherwise processed, whichever facility
part 195 appear at 71 FR 33409, June 9, 2006.
is farther downstream;
(6) Transportation of hazardous liq-
Subpart A—General uid or carbon dioxide in Outer Conti-
§ 195.0 Scope. nental Shelf pipelines which are lo-
cated upstream of the point at which
This part prescribes safety standards operating responsibility transfers from
and reporting requirements for pipeline a producing operator to a transporting
facilities used in the transportation of operator;
hazardous liquids or carbon dioxide. (7) Transportation of a hazardous liq-
[Amdt. 195–45, 56 FR 26925, June 12, 1991] uid or carbon dioxide through onshore
production (including flow lines), refin-
§ 195.1 Applicability. ing, or manufacturing facilities, or
(a) Except as provided in paragraph storage or in-plant piping systems as-
(b) of this section, this part applies to sociated with such facilities;
pipeline facilities and the transpor- (8) Transportation of hazardous liq-
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§ 195.2 49 CFR Ch. I (10–1–07 Edition)

(i) By vessel, aircraft, tank truck, § 195.1 Applicability.


tank car, or other non-pipeline mode of
transportation; or * * * * *
(ii) Through facilities located on the
(b) This part does not apply to—
grounds of a materials transportation (1) * * *
terminal that are used exclusively to (5) Transportation of hazardous liquid or
transfer hazardous liquid or carbon di- carbon dioxide in offshore pipelines in State
oxide between non-pipeline modes of waters which are located upstream from the
transportation or between a non-pipe- outlet flange of each facility where hydro-
line mode and a pipeline, not including carbons or carbon dioxide are produced or
any device and associated piping that where produced hydrocarbons or carbon diox-
are necessary to control pressure in the ide are first separated, dehydrated, or other-
wise processed, whichever facility is farther
pipeline under § 195.406(b); and
downstream;
(9) Transportation of carbon dioxide (6) Transportation of hazardous liquid or
downstream from the following point, carbon dioxide in Outer Continental Shelf
as applicable: pipelines which are located upstream of the
(i) The inlet of a compressor used in point at which operating responsibility
the injection of carbon dioxide for oil transfers from a producing operator to a
recovery operations, or the point where transporting operator;
recycled carbon dioxide enters the in- (7) Pipelines on the Outer Continental
jection system, whichever is farther Shelf (OCS) that are producer-operated and
cross into State waters without first con-
upstream; or
necting to a transporting operator’s facility
(ii) The connection of the first on the OCS, upstream (generally seaward) of
branch pipeline in the production field the last valve on the last production facility
that transports carbon dioxide to injec- on the OCS. Safety equipment protecting
tion wells or to headers or manifolds PHMSA-regulated pipeline segments is not
from which pipelines branch to injec- excluded. Producing operators for those pipe-
tion wells. line segments upstream of the last valve of
(c) Breakout tanks subject to this the last production facility on the OCS may
petition the Administrator, or designee, for
part must comply with requirements approval to operate under RSPA regulations
that apply specifically to breakout governing pipeline design, construction, op-
tanks and, to the extent applicable, eration, and maintenance under 49 CFR 190.9.
with requirements that apply to pipe-
line systems and pipeline facilities. If a
* * * * *
conflict exists between a requirement
that applies specifically to breakout § 195.2 Definitions.
tanks and a requirement that applies
to pipeline systems or pipeline facili- As used in this part—
ties, the requirement that applies spe- Abandoned means permanently re-
cifically to breakout tanks prevails. moved from service.
Anhydrous ammonia breakout tanks Administrator means the Adminis-
need not comply with §§ 195.132(b), trator, Pipeline and Hazardous Mate-
195.205(b), 195.242 (c) and (d), 195.264 (b) rials Safety Administration or his or
and (e), 195.307, 195.428 (c) and (d), and her delegate.
195.432 (b) and (c). Barrel means a unit of measurement
equal to 42 U.S. standard gallons.
[Amdt. 195–22, 46 FR 38360, July 27, 1981]
Breakout tank means a tank used to
EDITORIAL NOTES: 1. For FEDERAL REGISTER (a) relieve surges in a hazardous liquid
citations affecting § 195.1, see the List of Sec- pipeline system or (b) receive and store
tions Affected, which appears in the Finding hazardous liquid transported by a pipe-
Aids section of the printed volume and on line for reinjection and continued
GPO Access.
transportation by pipeline.
2. The following amendment could not be
Carbon dioxide means a fluid con-
incorporated into § 195.1 because of inac-
curate amendatory instruction. For the con- sisting of more than 90 percent carbon
venience of the user the amendatory instruc- dioxide molecules compressed to a
tion and text is set forth as follows: supercritical state.
At 68 FR 46112, Aug. 5, 2003, § 195.1 was Component means any part of a pipe-
amended by revising paragraphs (b)(5) and (6) line which may be subjected to pump
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Pipeline and Hazardous Materials Safety Administration, DOT § 195.2

pipe, valves, elbows, tees, flanges, and portation, not including any device and
closures. associated piping that are necessary to
Computation Pipeline Monitoring control pressure in the pipeline under
(CPM) means a software-based moni- § 195.406(b).
toring tool that alerts the pipeline dis- Interstate pipeline means a pipeline or
patcher of a possible pipeline operating that part of a pipeline that is used in
anomaly that may be indicative of a the transportation of hazardous liquids
commodity release. or carbon dioxide in interstate or for-
Corrosive product means ‘‘corrosive eign commerce.
material’’ as defined by § 173.136 Class Intrastate pipeline means a pipeline or
8–Definitions of this chapter. that part of a pipeline to which this
Exposed underwater pipeline means an part applies that is not an interstate
underwater pipeline where the top of pipeline.
the pipe protrudes above the under- Line section means a continuous run
water natural bottom (as determined of pipe between adjacent pressure pump
by recognized and generally accepted stations, between a pressure pump sta-
practices) in waters less than 15 feet tion and terminal or breakout tanks,
(4.6 meters) deep, as measured from between a pressure pump station and a
mean low water. block valve, or between adjacent block
Flammable product means ‘‘flammable valves.
liquid’’ as defined by § 173.120 Class 3– Low-stress pipeline means a hazardous
Definitions of this chapter. liquid pipeline that is operated in its
Gathering line means a pipeline 219.1 entirety at a stress level of 20 percent
mm (85⁄8 in) or less nominal outside di- or less of the specified minimum yield
ameter that transports petroleum from strength of the line pipe.
a production facility. Maximum operating pressure (MOP)
Gulf of Mexico and its inlets means the means the maximum pressure at which
waters from the mean high water mark a pipeline or segment of a pipeline may
of the coast of the Gulf of Mexico and be normally operated under this part.
its inlets open to the sea (excluding Nominal wall thickness means the wall
rivers, tidal marshes, lakes, and ca- thickness listed in the pipe specifica-
nals) seaward to include the territorial tions.
sea and Outer Continental Shelf to a Offshore means beyond the line of or-
depth of 15 feet (4.6 meters), as meas- dinary low water along that portion of
ured from the mean low water. the coast of the United States that is
Hazard to navigation means, for the in direct contact with the open seas
purposes of this part, a pipeline where and beyond the line marking the sea-
the top of the pipe is less than 12 ward limit of inland waters.
inches (305 millimeters) below the un- Operator means a person who owns or
derwater natural bottom (as deter- operates pipeline facilities.
mined by recognized and generally ac- Outer Continental Shelf means all sub-
cepted practices) in waters less than 15 merged lands lying seaward and out-
feet (4.6 meters) deep, as measured side the area of lands beneath navi-
from the mean low water. gable waters as defined in Section 2 of
Hazardous liquid means petroleum, the Submerged Lands Act (43 U.S.C.
petroleum products, or anhydrous am- 1301) and of which the subsoil and sea-
monia. bed appertain to the United States and
Highly volatile liquid or HVL means a are subject to its jurisdiction and con-
hazardous liquid which will form a trol.
vapor cloud when released to the at- Person means any individual, firm,
mosphere and which has a vapor pres- joint venture, partnership, corporation,
sure exceeding 276 kPa (40 psia) at 37.8° association, State, municipality, coop-
C (100° F). erative association, or joint stock asso-
In-plant piping system means piping ciation, and includes any trustee, re-
that is located on the grounds of a ceiver, assignee, or personal represent-
plant and used to transfer hazardous ative thereof.
liquid or carbon dioxide between plant Petroleum means crude oil, conden-
facilities or between plant facilities sate, natural gasoline, natural gas liq-
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§ 195.3 49 CFR Ch. I (10–1–07 Edition)

Petroleum product means flammable, a percentage of specified minimum


toxic, or corrosive products obtained yield strength.
from distilling and processing of crude Surge pressure means pressure pro-
oil, unfinished oils, natural gas liquids, duced by a change in velocity of the
blend stocks and other miscellaneous moving stream that results from shut-
hydrocarbon compounds. ting down a pump station or pumping
Pipe or line pipe means a tube, usu- unit, closure of a valve, or any other
ally cylindrical, through which a haz- blockage of the moving stream.
ardous liquid or carbon dioxide flows Toxic product means ‘‘poisonous ma-
from one point to another. terial’’ as defined by § 173.132 Class 6,
Pipeline or pipeline system means all Division 6.1–Definitions of this chapter.
parts of a pipeline facility through Unusually Sensitive Area (USA) means
which a hazardous liquid or carbon di- a drinking water or ecological resource
oxide moves in transportation, includ- area that is unusually sensitive to en-
ing, but not limited to, line pipe, vironmental damage from a hazardous
valves, and other appurtenances con- liquid pipeline release, as identified
nected to line pipe, pumping units, fab- under § 195.6.
ricated assemblies associated with
pumping units, metering and delivery [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
FR 32721, July 29, 1982, as amended by Amdt.
stations and fabricated assemblies 195–33, 50 FR 15898, Apr. 23, 1985; 50 FR 38660,
therein, and breakout tanks. Sept. 24, 1985; Amdt. 195–36, 51 FR 15007, Apr.
Pipeline facility means new and exist- 22, 1986; Amdt. 195–45, 56 FR 26925, June 12,
ing pipe, rights-of-way and any equip- 1991; Amdt. 195–47, 56 FR 63771, Dec. 5, 1991;
ment, facility, or building used in the Amdt. 195–50, 59 FR 17281, Apr. 12, 1994; Amdt.
transportation of hazardous liquids or 195–52, 59 FR 33395, 33396, June 28, 1994; Amdt.
carbon dioxide. 195–53, 59 FR 35471, July 12, 1994; Amdt. 195–
59, 62 FR 61695, Nov. 19, 1997; Amdt. 195–62, 63
Production facility means piping or FR 36376, July 6, 1998; Amdt. 195–63, 63 FR
equipment used in the production, ex- 37506, July 13, 1998; Amdt. 195–69, 65 FR 54444,
traction, recovery, lifting, stabiliza- Sept. 8, 2000; Amdt. 195–71, 65 FR 80544, Dec.
tion, separation or treating of petro- 21, 2000; 68 FR 11749, Mar. 12, 2003; Amdt. 195–
leum or carbon dioxide, or associated 81, 69 FR 32896, June 14, 2004; Amdt. 195–82, 69
storage or measurement. (To be a pro- FR 48406, Aug. 10, 2004; 70 FR 11140, Mar. 8,
duction facility under this definition, 2005]
piping or equipment must be used in
the process of extracting petroleum or § 195.3 Incorporation by reference.
carbon dioxide from the ground or from (a) Any document or portion thereof
facilities where CO2 is produced, and incorporated by reference in this part
preparing it for transportation by pipe- is included in this part as though it
line. This includes piping between were printed in full. When only a por-
treatment plants which extract carbon tion of a document is referenced, then
dioxide, and facilities utilized for the this part incorporates only that ref-
injection of carbon dioxide for recovery erenced portion of the document and
operations.) the remainder is not incorporated. Ap-
Rural area means outside the limits plicable editions are listed in para-
of any incorporated or unincorpated graph (c) of this section in parentheses
city, town, village, or any other des- following the title of the referenced
ignated residential or commercial area material. Earlier editions listed in pre-
such as a subdivision, a business or vious editions of this section may be
shopping center, or community devel- used for components manufactured, de-
opment. signed, or installed in accordance with
Specified minimum yield strength those earlier editions at the time they
means the minimum yield strength, ex- were listed. The user must refer to the
pressed in p.s.i. (kPa) gage, prescribed appropriate previous edition of 49 CFR
by the specification under which the for a listing of the earlier editions.
material is purchased from the manu- (b) All incorporated materials are
facturer. available for inspection in the Pipeline
Stress level means the level of tangen- and Hazardous Materials Safety Ad-
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Pipeline and Hazardous Materials Safety Administration, DOT § 195.3

Washington, DC, or at the National Ar- 3. ASME International (ASME),


chives and Records Administration Three Park Avenue, New York, NY
(NARA). For information on the avail- 10016–5990.
ability of this material at NARA, call 4. Manufacturers Standardization So-
202–741–6030 or go to: http:// ciety of the Valve and Fittings Indus-
www.archives.gov/federallregister/ try, Inc. (MSS), 127 Park Street, NE.,
codeloflfederallregulations/ Vienna, VA 22180.
ibrllocations.html. These materials 5. American Society for Testing and
have been approved for incorporation Materials (ASTM), 100 Barr Harbor
by reference by the Director of the
Drive, West Conshohocken, PA 19428.
Federal Register in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. In addi- 6. National Fire Protection Associa-
tion, materials incorporated by ref- tion (NFPA), 1 Batterymarch Park,
erence are available as follows: P.O. Box 9101, Quincy, MA 02269–9101.
1. Pipeline Research Council Inter- 7. NACE International, 1440 South
national, Inc. (PRCI), c/o Technical Creek Drive, Houston, TX 77084.
Toolboxes, 3801 Kirby Drive, Suite 520, (c) The full titles of publications in-
Houston, TX 77098. corporated by reference wholly or par-
2. American Petroleum Institute tially in this part are as follows. Num-
(API), 1220 L Street, NW., Washington, bers in parentheses indicate applicable
DC 20005. editions:
Source and name of referenced material 49 CFR reference

A. Pipeline Research Council International, Inc. (PRCI):


(1) AGA Pipeline Research Committee, Project PR–3–805, ‘‘A Modified Criterion § 195.452(h)(4)(B).
for Evaluating the Remaining Strength of Corroded Pipe,’’ (December 22,
1989). The RSTRENG program may be used for calculating remaining
strength.
B. American Petroleum Institute (API):
(1) API Specification 5L ‘‘Specification for Line Pipe,’’ (43rd edition and errata, §§ 195.106(b)(1)(i); 195.106(e).
2004).
(2) API Specification 6D ‘‘Pipeline Valves’’ (22nd edition, January 2002) ............. § 195.116(d).
(3) API Specification 12F ‘‘Specification for Shop Welded Tanks for Storage of §§ 195.132(b)(1); 195.205(b)(2);
Production Liquids,’’ (11th edition, 1994). 195.264(b)(1); 195.264(e)(1);
195.307(a); 195.565; 195.579(d).
(4) API 510 ‘‘Pressure Vessel Inspection Code: Maintenance Inspection, Rating, §§ 195.205(b)(3); 195.432(c).
Repair, and Alteration,’’ (8th edition, 1997 including Addenda 1 through 4).
(5) API 620 ‘‘Design and Construction of Large, Welded, Low-Pressure Storage §§ 195.132(b)(2); 195.205(b)(2);
Tanks,’’ (10th edition, 2002 including Addendum 1). 195.264(b)(1); 195.264(e)(3);
195.307(b).
(6) API 650 ‘‘Welded Steel Tanks for Oil Storage,’’ (10th edition, 1998 including §§ 195.132(b)(3); 195.205(b)(1);
Addenda 1–3). 195.264(b)(1); 195.264(e)(2); 195.307I;
195.307(d); 195.565; 195.579(d).
(7) API Recommended Practice 651 ‘‘Cathodic Protection of Aboveground Pe- §§ 195.565; 195.579(d).
troleum Storage Tanks,’’ (2nd edition, December 1997).
(8) API Recommended Practice 652 ‘‘Lining of Aboveground Petroleum Storage § 195.579(d).
Tank Bottoms,’’ (2nd edition, December 1997).
(9) API 653 ‘‘Tank Inspection, Repair, Alteration, and Reconstruction,’’ (3rd edi- §§ 195.205(b)(1); 195.432(b).
tion, 2001 including Addendum 1, 2003).
(10) API 1104 ‘‘Welding of Pipelines and Related Facilities,’’ (19th edition, 1999 §§ 195.222; 195.228(b); 195.214(a).
including October 31, 2001 errata).
(11) API 1130 ‘‘Computational Pipeline Monitoring for Liquid Pipelines,’’ (2nd §§ 195.134; 195.444.
edition, 2002).
(12) API 2000 ‘‘Venting Atmospheric and Low-Pressure Storage Tanks,’’ (5th §§ 195.264(e)(2); 195.264(e)(3).
edition, April 1998).
(13) API Recommended Practice 2003 ‘‘Protection Against Ignitions Arising Out § 195.405(a).
of Static, Lightning, and Stray Currents,’’ (6th edition, 1998).
(14) API 2026 ‘‘Safe Access/Egress Involving Floating Roofs of Storage Tanks § 195.405(b).
in Petroleum Service,’’ (2nd edition, 1998).
(15) API Recommended Practice 2350 ‘‘Overfill Protection for Storage Tanks In § 195.428I.
Petroleum Facilities,’’ (2nd edition, 1996).
(16) API 2510 ‘‘Design and Construction of LPG Installations,’’ (8th edition, §§ 195.132(b)(3); 195.205(b)(3);
2001). 195.264(b)(2); 195.264(e)(4);
195.307(e);195.428(c); 195.432(c).
(17) API Recommended Practice 1162 ‘‘Public Awareness Programs for Pipe- §§ 195.440(a); 195.440(b); 195.440(c).
line Operators,’’ (1st edition, December 2003).
C. ASME International (ASME):
(1) ASME B16.9–2003 (February 2004) ‘‘Factory-Made Wrought Steel Butt § 195.118(a).
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§ 195.4 49 CFR Ch. I (10–1–07 Edition)

Source and name of referenced material 49 CFR reference

(2) ASME B31.4–2002 (October 2002) ‘‘Pipeline Transportation Systems for Liq- § 195.452(h)(4)(i).
uid Hydrocarbons and Other Liquids’’.
(3) ASME B31G–1991 (Reaffirmed; 2004) ‘‘Manual for Determining the Remain- §§ 195.452(h)(4)(i)(B);
ing Strength of Corroded Pipelines’’. 195.452(h)(4)(iii)(D).
(4) ASME B31.8–2003 (February 2004) ‘‘Gas Transmission and Distribution Pip- §§ 195.5(a)(1)(i); 195.406(a)(1)(i).
ing Systems’’.
(5) ASME Boiler and Pressure Vessel Code, Section VIII, Division 1 ‘‘Rules for §§ 195.124; 195.307(e).
Construction of Pressure Vessels,’’ (2004 edition, including addenda through
July 1, 2005).
(6) ASME Boiler and Pressure Vessel Code, Section VIII, Division 2 ‘‘Rules for § 195.307(e).
Construction for Pressure Vessels—Alternative Rules,’’ (2004 edition, includ-
ing addenda through July 1, 2005).
(7) ASME Boiler and Pressure Vessel Code, Section IX ‘‘Welding and Brazing § 195.222.
Qualifications,’’ (2004 edition, including addenda through July 1, 2005).
D. Manufacturers Standardization Society of the Valve and Fittings Industry, Inc.
(MSS):
(1) MSS SP–75–2004 ‘‘Specification for High Test Wrought Butt Welding Fit- § 195.118(a).
tings’’.
(2) [Reserved] .........................................................................................................
E. American Society for Testing and Materials (ASTM):
(1) ASTM A53/A53M–04a (2004) ‘‘Standard Specification for Pipe, Steel, Black § 195.106(e).
and Hot-Dipped, Zinc-Coated Welded and Seamless’’.
(2) ASTM A106/A106M–04b (2004) ‘‘Standard Specification for Seamless Car- § 195.106(e).
bon Steel Pipe for High-Temperature Service’’.
(3) ASTM A333/A333M–05 ‘‘Standard Specification for Seamless and Welded § 195.106(e).
Steel Pipe for Low-Temperature Service’’.
(4) ASTM A381–96 (Reapproved 2001) ‘‘Standard Specification for Metal-Arc- § 195.106(e).
Welded Steel Pipe for Use With High-Pressure Transmission Systems’’.
(5) ASTM A671–04 (2004) ‘‘Standard Specification for Electric-Fusion-Welded § 195.106(e).
Steel Pipe for Atmospheric and Lower Temperatures’’.
(6) ASTM A672–96 (Reapproved 2001) ‘‘Standard Specification for Electric-Fu- § 195.106(e).
sion-Welded Steel Pipe for High-Pressure Service at Moderate Tempera-
tures.’’.
(7) ASTM A691–98 (Reapproved 2002) ‘‘Standard Specification for Carbon and § 195.106(e).
Alloy Steel Pipe Electric-Fusion-Welded for High-Pressure Service at High
Temperatures.’’.
F. National Fire Protection Association (NFPA):
(1) NFPA 30 (2003) ‘‘Flammable and Combustible Liquids Code’’ ....................... § 195.264(b)(1).
(2) [Reserved].
G. NACE International (NACE):
(1) NACE Standard RP0169–2002 ‘‘Control of External Corrosion on Under- §§ 195.571; 195.573.
ground or Submerged Metallic Piping Systems’’.
(2) NACE Standard RP0502–2002 ‘‘Pipeline External Corrosion Direct Assess- § 195.588.
ment Methodology’’.

[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 is chemically compatible with both the
FR 32721, July 29, 1982, as amended by Amdt. pipeline, including all components, and
195–32, 49 FR 36860, Sept. 20, 1984; 58 FR 14523, any other commodity that it may come
Mar. 18, 1993; Amdt. 195–52, 59 FR 33396, June
28, 1994; Amdt. 195–56, 61 FR 26123, May 24,
into contact with while in the pipeline.
1996; 61 FR 36826, July 15, 1996; Amdt. 195–61, [Amdt. 195–45, 56 FR 26925, June 12, 1991]
63 FR 7723, Feb. 17, 1998; Amdt. 195–62, 63 FR
36376, July 6, 1998; Amdt. 195–66, 64 FR 15934, § 195.5 Conversion to service subject
Apr. 2, 1999; 65 FR 4770, Feb. 1, 2000; Amdt. to this part.
195–73, 66 FR 67004, Dec. 27, 2001; 69 FR 18803,
Apr. 9, 2004; Amdt. 195–81, 69 FR 32896, June (a) A steel pipeline previously used in
14, 2004; 70 FR 11140, Mar. 8, 2005; Amdt. 195– service not subject to this part quali-
84, 70 FR 28842, May 19, 2005; Amdt. 195–85, 70 fies for use under this part if the oper-
FR 61576, Oct. 25, 2005; Amdt. 195–86, 71 FR ator prepares and follows a written
33409, June 9, 2006]
procedure to accomplish the following:
§ 195.4 Compatibility necessary for (1) The design, construction, oper-
transportation of hazardous liquids ation, and maintenance history of the
or carbon dioxide. pipeline must be reviewed and, where
No person may transport any haz- sufficient historical records are not
ardous liquid or carbon dioxide unless available, appropriate tests must be
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Pipeline and Hazardous Materials Safety Administration, DOT § 195.6

is in satisfactory condition for safe op- (1) The water intake for a Commu-
eration. If one or more of the variables nity Water System (CWS) or a Non-
necessary to verify the design pressure transient Non-community Water Sys-
under § 195.106 or to perform the testing tem (NTNCWS) that obtains its water
under paragraph (a)(4) of this section is supply primarily from a surface water
unknown, the design pressure may be source and does not have an adequate
verified and the maximum operating alternative drinking water source;
pressure determined by— (2) The Source Water Protection Area
(i) Testing the pipeline in accordance (SWPA) for a CWS or a NTNCWS that
with ASME B31.8, Appendix N, to obtains its water supply from a Class I
produce a stress equal to the yield or Class IIA aquifer and does not have
strength; and an adequate alternative drinking water
(ii) Applying, to not more than 80
source. Where a state has not yet iden-
percent of the first pressure that pro-
tified the SWPA, the Wellhead Protec-
duces a yielding, the design factor F in
tion Area (WHPA) will be used until
§ 195.106(a) and the appropriate factors
the state has identified the SWPA; or
in § 195.106(e).
(2) The pipeline right-of-way, all (3) The sole source aquifer recharge
aboveground segments of the pipeline, area where the sole source aquifer is a
and appropriately selected under- karst aquifer in nature.
ground segments must be visually in- (b) An USA ecological resource is:
spected for physical defects and oper- (1) An area containing a critically
ating conditions which reasonably imperiled species or ecological commu-
could be expected to impair the nity;
strength or tightness of the pipeline. (2) A multi-species assemblage area;
(3) All known unsafe defects and con- (3) A migratory waterbird concentra-
ditions must be corrected in accord- tion area;
ance with this part. (4) An area containing an imperiled
(4) The pipeline must be tested in ac- species, threatened or endangered spe-
cordance with subpart E of this part to cies, depleted marine mammal species,
substantiate the maximum operating or an imperiled ecological community
pressure permitted by § 195.406. where the species or community is
(b) A pipeline that qualifies for use aquatic, aquatic dependent, or terres-
under this section need not comply trial with a limited range; or
with the corrosion control require- (5) An area containing an imperiled
ments of subpart H of this part until 12
species, threatened or endangered spe-
months after it is placed into service,
cies, depleted marine mammal species,
notwithstanding any previous dead-
or imperiled ecological community
lines for compliance.
where the species or community occur-
(c) Each operator must keep for the
rence is considered to be one of the
life of the pipeline a record of the in-
vestigations, tests, repairs, replace- most viable, highest quality, or in the
ments, and alterations made under the best condition, as identified by an ele-
requirements of paragraph (a) of this ment occurrence ranking (EORANK) of
section. A (excellent quality) or B (good qual-
ity).
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as (c) As used in this part—
amended by Amdt. 195–52, 59 FR 33396, June
28, 1994; Amdt. 195–173, 66 FR 67004, Dec. 27, Adequate Alternative Drinking Water
2001] Source means a source of water that
currently exists, can be used almost
§ 195.6 Unusually Sensitive Areas immediately with a minimal amount of
(USAs). effort and cost, involves no decline in
As used in this part, a USA means a water quality, and will meet the con-
drinking water or ecological resource sumptive, hygiene, and fire fighting re-
area that is unusually sensitive to en- quirements of the existing population
vironmental damage from a hazardous of impacted customers for at least one
liquid pipeline release. month for a surface water source of
(a) An USA drinking water resource water and at least six months for a
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§ 195.6 49 CFR Ch. I (10–1–07 Edition)

Aquatic or Aquatic Dependent Species posed throughout the Gulf and Atlantic
or Community means a species or com- coastal states. Semiconsolidated condi-
munity that primarily occurs in aquat- tions also arise from the presence of
ic, marine, or wetland habitats, as well intercalated clay and caliche within
as species that may use terrestrial primarily unconsolidated to poorly
habitats during all or some portion of consolidated units, such as occurs in
their life cycle, but that are still close- parts of the High Plains Aquifer; or
ly associated with or dependent upon (4) Covered Aquifers (Class Id) that
aquatic, marine, or wetland habitats are any Class I aquifer overlain by less
for some critical component or portion than 50 feet of low permeability, un-
of their life-history (i.e., reproduction, consolidated material, such as glacial
rearing and development, feeding, etc). till, lacustrian, and loess deposits.
Class I Aquifer means an aquifer that Class IIa aquifer means a Higher Yield
is surficial or shallow, permeable, and Bedrock Aquifer that is consolidated
is highly vulnerable to contamination. and is moderately vulnerable to con-
Class I aquifers include: tamination. These aquifers generally
(1) Unconsolidated Aquifers (Class Ia) consist of fairly permeable sandstone
that consist of surficial, unconsoli- or conglomerate that contain lesser
dated, and permeable alluvial, terrace, amounts of interbedded fine grained
outwash, beach, dune and other similar clastics (shale, siltstone, mudstone)
deposits. These aquifers generally con- and occasionally carbonate units. In
tain layers of sand and gravel that, general, well yields must exceed 50 gal-
commonly, are interbedded to some de- lons per minute to be included in this
gree with silt and clay. Not all Class Ia class. Local fracturing may contribute
aquifers are important water-bearing to the dominant primary porosity and
units, but they are likely to be both permeability of these systems.
permeable and vulnerable. The only Community Water System (CWS) means
natural protection of these aquifers is a public water system that serves at
the thickness of the unsaturated zone least 15 service connections used by
and the presence of fine-grained mate- year-round residents of the area or reg-
rial; ularly serves at least 25 year-round
(2) Soluble and Fractured Bedrock residents.
Aquifers (Class Ib). Lithologies in this Critically imperiled species or ecological
class include limestone, dolomite, and, community (habitat) means an animal or
locally, evaporitic units that contain plant species or an ecological commu-
documented karst features or solution nity of extreme rarity, based on The
channels, regardless of size. Generally Nature Conservancy’s Global Conserva-
these aquifers have a wide range of per- tion Status Rank. There are generally
meability. Also included in this class 5 or fewer occurrences, or very few re-
are sedimentary strata, and meta- maining individuals (less than 1,000) or
morphic and igneous (intrusive and ex- acres (less than 2,000). These species
trusive) rocks that are significantly and ecological communities are ex-
faulted, fractured, or jointed. In all tremely vulnerable to extinction due to
cases groundwater movement is largely some natural or man-made factor.
controlled by secondary openings. Well Depleted marine mammal species means
yields range widely, but the important a species that has been identified and is
feature is the potential for rapid protected under the Marine Mammal
vertical and lateral ground water Protection Act of 1972, as amended
movement along preferred pathways, (MMPA) (16 U.S.C. 1361 et seq.). The
which result in a high degree of vulner- term ‘‘depleted’’ refers to marine mam-
ability; mal species that are listed as threat-
(3) Semiconsolidated Aquifers (Class ened or endangered, or are below their
Ic) that generally contain poorly to optimum sustainable populations (16
moderately indurated sand and gravel U.S.C. 1362). The term ‘‘marine mam-
that is interbedded with clay and silt. mal’’ means ‘‘any mammal which is
This group is intermediate to the un- morphologically adapted to the marine
consolidated and consolidated end environment (including sea otters and
members. These systems are common members of the orders Sirenia,
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Pipeline and Hazardous Materials Safety Administration, DOT § 195.6

inhabits the marine environment (such or other constructed conveyances, if


as the polar bear)’’ (16 U.S.C. 1362). The such system has at least 15 service con-
order Sirenia includes manatees, the nections or regularly serves an average
order Pinnipedia includes seals, sea of at least 25 individuals daily at least
lions, and walruses, and the order Ceta- 60 days out of the year. These systems
cea includes dolphins, porpoises, and include the sources of the water sup-
whales. plies—i.e., surface or ground. PWS can
Ecological community means an inter- be community, non-transient non-com-
acting assemblage of plants and ani- munity, or transient non-community
mals that recur under similar environ- systems.
mental conditions across the land- Ramsar site means a site that has
scape. been designated under The Convention
Element occurrence rank (EORANK)
on Wetlands of International Impor-
means the condition or viability of a
tance Especially as Waterfowl Habitat
species or ecological community occur-
program. Ramsar sites are globally
rence, based on a population’s size,
condition, and landscape context. critical wetland areas that support mi-
EORANKs are assigned by the Natural gratory waterfowl. These include wet-
Heritage Programs. An EORANK of A land areas that regularly support 20,000
means an excellent quality and an waterfowl; wetland areas that regu-
EORANK of B means good quality. larly support substantial numbers of
Imperiled species or ecological commu- individuals from particular groups of
nity (habitat) means a rare species or waterfowl, indicative of wetland val-
ecological community, based on The ues, productivity, or diversity; and
Nature Conservancy’s Global Conserva- wetland areas that regularly support
tion Status Rank. There are generally 1% of the individuals in a population of
6 to 20 occurrences, or few remaining one species or subspecies of waterfowl.
individuals (1,000 to 3,000) or acres Sole source aquifer (SSA) means an
(2,000 to 10,000). These species and eco- area designated by the U.S. Environ-
logical communities are vulnerable to mental Protection Agency under the
extinction due to some natural or man- Sole Source Aquifer program as the
made factor. ‘‘sole or principal’’ source of drinking
Karst aquifer means an aquifer that is water for an area. Such designations
composed of limestone or dolomite are made if the aquifer’s ground water
where the porosity is derived from con- supplies 50% or more of the drinking
nected solution cavities. Karst aquifers water for an area, and if that aquifer
are often cavernous with high rates of were to become contaminated, it would
flow. pose a public health hazard. A sole
Migratory waterbird concentration area source aquifer that is karst in nature is
means a designated Ramsar site or a one composed of limestone where the
Western Hemisphere Shorebird Reserve porosity is derived from connected so-
Network site.
lution cavities. They are often cav-
Multi-species assemblage area means
ernous, with high rates of flow.
an area where three or more different
critically imperiled or imperiled spe- Source Water Protection Area (SWPA)
cies or ecological communities, threat- means the area delineated by the state
ened or endangered species, depleted for a public water supply system (PWS)
marine mammals, or migratory or including numerous PWSs, whether
waterbird concentrations co-occur. the source is ground water or surface
Non-transient Non-community Water water or both, as part of the state
System (NTNCWS) means a public water source water assessment program
system that regularly serves at least 25 (SWAP) approved by EPA under sec-
of the same persons over six months tion 1453 of the Safe Drinking Water
per year. Examples of these systems in- Act.
clude schools, factories, and hospitals Species means species, subspecies,
that have their own water supplies. population stocks, or distinct
Public Water System (PWS) means a vertebrate populations.
system that provides the public water Terrestrial ecological community with a
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§ 195.8 49 CFR Ch. I (10–1–07 Edition)

non-aquatic dependent ecological com- § 195.8 Transportation of hazardous


munity that covers less than five (5) liquid or carbon dioxide in pipe-
acres. lines constructed with other than
Terrestrial species with a limited range steel pipe.
means a non-aquatic or non-aquatic de- No person may transport any haz-
pendent animal or plant species that ardous liquid or carbon dioxide through
has a range of no more than five (5) a pipe that is constructed after October
acres. 1, 1970, for hazardous liquids or after
Threatened and endangered species July 12, 1991 for carbon dioxide of ma-
(T&E) means an animal or plant spe- terial other than steel unless the per-
cies that has been listed and is pro- son has notified the Administrator in
tected under the Endangered Species writing at least 90 days before the
Act of 1973, as amended (ESA73) (16 transportation is to begin. The notice
U.S.C. 1531 et seq.). ‘‘Endangered spe- must state whether carbon dioxide or a
cies’’ is defined as ‘‘any species which hazardous liquid is to be transported
is in danger of extinction throughout and the chemical name, common name,
all or a significant portion of its properties and characteristics of the
range’’ (16 U.S.C. 1532). ‘‘Threatened hazardous liquid to be transported and
species’’ is defined as ‘‘any species the material used in construction of
which is likely to become an endan- the pipeline. If the Administrator de-
gered species within the foreseeable fu- termines that the transportation of the
ture throughout all or a significant hazardous liquid or carbon dioxide in
portion of its range’’ (16 U.S.C. 1532). the manner proposed would be unduly
hazardous, he will, within 90 days after
Transient Non-community Water System
receipt of the notice, order the person
(TNCWS) means a public water system
that gave the notice, in writing, not to
that does not regularly serve at least
transport the hazardous liquid or car-
25 of the same persons over six months
bon dioxide in the proposed manner
per year. This type of water system
until further notice.
serves a transient population found at
rest stops, campgrounds, restaurants, [Amdt. 195–45, 56 FR 26925, June 12, 1991, as
and parks with their own source of amended by Amdt. 195–50, 59 FR 17281, Apr.
water. 12, 1994]
Wellhead Protection Area (WHPA) § 195.9 Outer continental shelf pipe-
means the surface and subsurface area lines.
surrounding a well or well field that
supplies a public water system through Operators of transportation pipelines
which contaminants are likely to pass on the Outer Continental Shelf must
and eventually reach the water well or identify on all their respective pipe-
well field. lines the specific points at which oper-
ating responsibility transfers to a pro-
Western Hemisphere Shorebird Reserve
ducing operator. For those instances in
Network (WHSRN) site means an area
which the transfer points are not iden-
that contains migratory shorebird con-
tifiable by a durable marking, each op-
centrations and has been designated as
erator will have until September 15,
a hemispheric reserve, international
1998 to identify the transfer points. If it
reserve, regional reserve, or endan-
is not practicable to durably mark a
gered species reserve. Hemispheric re-
transfer point and the transfer point is
serves host at least 500,000 shorebirds
located above water, the operator must
annually or 30% of a species flyway
depict the transfer point on a sche-
population. International reserves host
matic maintained near the transfer
100,000 shorebirds annually or 15% of a
point. If a transfer point is located
species flyway population. Regional re-
subsea, the operator must identify the
serves host 20,000 shorebirds annually
transfer point on a schematic which
or 5% of a species flyway population.
must be maintained at the nearest up-
Endangered species reserves are crit-
stream facility and provided to PHMSA
ical to the survival of endangered spe-
upon request. For those cases in which
cies and no minimum number of birds
adjoining operators have not agreed on
is required.
a transfer point by September 15, 1998
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[Amdt. 195–71, 65 FR 80544, Dec. 21, 2000] the Regional Director and the MMS

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Pipeline and Hazardous Materials Safety Administration, DOT § 195.52

Regional Supervisor will make a joint (e) Estimated property damage, in-
determination of the transfer point. cluding cost of clean-up and recovery,
[Amdt. 195–59, 62 FR 61695, Nov. 19, 1997, as
value of lost product, and damage to
amended at 70 11140, Mar. 8, 2005] the property of the operator or others,
or both, exceeding $50,000.
§ 195.10 Responsibility of operator for [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
compliance with this part. amended by Amdt. 195–39, 53 FR 24950, July 1,
An operator may make arrangements 1988; Amdt. 195–45, 56 FR 26925, June 12, 1991;
with another person for the perform- Amdt. 195–52, 59 FR 33396, June 28, 1994;
ance of any action required by this Amdt. 195–63, 63 FR 37506, July 13, 1998;
part. However, the operator is not Amdt. 195–75, 67 FR 836, Jan. 8, 2002]
thereby relieved from the responsi-
§ 195.52 Telephonic notice of certain
bility for compliance with any require- accidents.
ment of this part.
(a) At the earliest practicable mo-
ment following discovery of a release
Subpart B—Annual, Accident, and of the hazardous liquid or carbon diox-
Safety-Related Condition Re- ide transported resulting in an event
porting described in § 195.50, the operator of the
system shall give notice, in accordance
§ 195.49 Annual report.
with paragraph (b) of this section, of
Beginning no later than June 15, 2005, any failure that:
each operator must annually complete (1) Caused a death or a personal in-
and submit DOT form RSPA F 7000–1.1 jury requiring hospitalization;
for each type of hazardous liquid pipe- (2) Resulted in either a fire or explo-
line facility operated at the end of the sion not intentionally set by the oper-
previous year. A separate report is re- ator;
quired for crude oil, HVL (including an- (3) Caused estimated property dam-
hydrous ammonia), petroleum prod- age, including cost of cleanup and re-
ucts, and carbon dioxide pipelines. Op- covery, value of lost product, and dam-
erators are encouraged, but not re- age to the property of the operator or
quired, to file an annual report by June others, or both, exceeding $50,000;
15, 2004, for calendar year 2003. (4) Resulted in pollution of any
[Amdt. 195–80, 69 FR 541, Jan. 6, 2004] stream, river, lake, reservoir, or other
similar body of water that violated ap-
§ 195.50 Reporting accidents. plicable water quality standards,
An accident report is required for caused a discoloration of the surface of
each failure in a pipeline system sub- the water or adjoining shoreline, or de-
ject to this part in which there is a re- posited a sludge or emulsion beneath
lease of the hazardous liquid or carbon the surface of the water or upon adjoin-
dioxide transported resulting in any of ing shorelines; or
the following: (5) In the judgment of the operator
(a) Explosion or fire not inten- was significant even though it did not
tionally set by the operator. meet the criteria of any other para-
(b) Release of 5 gallons (19 liters) or graph of this section.
more of hazardous liquid or carbon di- (b) Reports made under paragraph (a)
oxide, except that no report is required of this section are made by telephone
for a release of less than 5 barrels (0.8 to 800–424–8802 (in Washington, DC 267–
cubic meters) resulting from a pipeline 2675) and must include the following in-
maintenance activity if the release is: formation:
(1) Not otherwise reportable under (1) Name and address of the operator.
this section; (2) Name and telephone number of
(2) Not one described in § 195.52(a)(4); the reporter.
(3) Confined to company property or (3) The location of the failure.
pipeline right-of-way; and (4) The time of the failure.
(4) Cleaned up promptly; (5) The fatalities and personal inju-
(c) Death of any person; ries, if any.
(d) Personal injury necessitating hos- (6) All other significant facts known
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pitalization; by the operator that are relevant to

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§ 195.54 49 CFR Ch. I (10–1–07 Edition)

the cause of the failure or extent of the (b) A report is not required for any
damages. safety-related condition that—
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as (1) Exists on a pipeline that is more
amended by Amdt. 195–23, 47 FR 32720, July than 220 yards (200 meters) from any
29, 1982; Amdt. 195–44, 54 FR 40878, Oct. 4, building intended for human occupancy
1989; Amdt. 195–45, 56 FR 26925, June 12, 1991; or outdoor place of assembly, except
Amdt. 195–52, 59 FR 33396, June 28, 1994] that reports are required for conditions
within the right-of-way of an active
§ 195.54 Accident reports. railroad, paved road, street, or high-
(a) Each operator that experiences an way, or that occur offshore or at on-
accident that is required to be reported shore locations where a loss of haz-
under § 195.50 shall as soon as prac- ardous liquid could reasonably be ex-
ticable, but not later than 30 days after pected to pollute any stream, river,
discovery of the accident, prepare and lake, reservoir, or other body of water;
file an accident report on DOT Form (2) Is an accident that is required to
7000–1, or a facsimile. be reported under § 195.50 or results in
(b) Whenever an operator receives such an accident before the deadline
any changes in the information re- for filing the safety-related condition
ported or additions to the original re- report; or
port on DOT Form 7000–1, it shall file a (3) Is corrected by repair or replace-
supplemental report within 30 days. ment in accordance with applicable
[Amdt. 195–39, 53 FR 24950, July 1, 1988] safety standards before the deadline for
filing the safety-related condition re-
§ 195.55 Reporting safety-related con- port, except that reports are required
ditions. for all conditions under paragraph
(a) Except as provided in paragraph (a)(1) of this section other than local-
(b) of this section, each operator shall ized corrosion pitting on an effectively
report in accordance with § 195.56 the coated and cathodically protected pipe-
existence of any of the following safe- line.
ty-related conditions involving pipe-
[Amdt. 195–39, 53 FR 24950, July 1, 1988; 53 FR
lines in service:
29800, Aug. 8, 1988, as amended by Amdt. 195–
(1) General corrosion that has re- 63, 63 FR 37506, July 13, 1998]
duced the wall thickness to less than
that required for the maximum oper- § 195.56 Filing safety-related condition
ating pressure, and localized corrosion reports.
pitting to a degree where leakage
might result. (a) Each report of a safety-related
(2) Unintended movement or abnor- condition under § 195.55(a) must be filed
mal loading of a pipeline by environ- (received by the Administrator) in
mental causes, such as an earthquake, writing within 5 working days (not in-
landslide, or flood, that impairs its cluding Saturdays, Sundays, or Federal
serviceability. holidays) after the day a representative
(3) Any material defect or physical of the operator first determines that
damage that impairs the serviceability the condition exists, but not later than
of a pipeline. 10 working days after the day a rep-
(4) Any malfunction or operating resentative of the operator discovers
error that causes the pressure of a the condition. Separate conditions may
pipeline to rise above 110 percent of its be described in a single report if they
maximum operating pressure. are closely related. To file a report by
(5) A leak in a pipeline that con- facsimile (fax), dial (202) 366–7128.
stitutes an emergency. (b) The report must be headed ‘‘Safe-
(6) Any safety-related condition that ty-Related Condition Report’’ and pro-
could lead to an imminent hazard and vide the following information:
causes (either directly or indirectly by (1) Name and principal address of op-
remedial action of the operator), for erator.
purposes other than abandonment, a 20 (2) Date of report.
percent or more reduction in operating (3) Name, job title, and business tele-
pressure or shutdown of operation of a phone number of person submitting the
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pipeline. report.

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Pipeline and Hazardous Materials Safety Administration, DOT § 195.59

(4) Name, job title, and business tele- ment Service or state offshore area and
phone number of person who deter- block number tract.
mined that the condition exists. (b) The report shall be mailed to the
(5) Date condition was discovered and Information Officer, Pipeline and Haz-
date condition was first determined to ardous Materials Safety Administra-
exist. tion, Department of Transportation,
(6) Location of condition, with ref- 400 Seventh Street, SW., Washington,
erence to the State (and town, city, or DC 20590.
county) or offshore site, and as appro- [Amdt. 195–47, 56 FR 63771, Dec. 5, 1991, as
priate nearest street address, offshore amended by Amdt. 195–63, 63 FR 37506, July
platform, survey station number, mile- 13, 1998; 70 FR 11140, Mar. 8, 2005]
post, landmark, or name of pipeline.
(7) Description of the condition, in- § 195.58 Address for written reports.
cluding circumstances leading to its Each written report required by this
discovery, any significant effects of the subpart must be made to the Informa-
condition on safety, and the name of tion Resources Manager, Office of Pipe-
the commodity transported or stored. line Safety, Pipeline and Hazardous
(8) The corrective action taken (in- Materials Safety Administration, U.S.
cluding reduction of pressure or shut- Department of Transportation, Room
down) before the report is submitted 7128, 400 Seventh Street, SW., Wash-
and the planned follow-up or future ington, DC 20590. However, accident re-
corrective action, including the antici- ports for intrastate pipelines subject to
pated schedule for starting and con- the jurisdiction of a State agency pur-
cluding such action. suant to a certification under the pipe-
line safety laws (49 U.S.C. 60101 et seq.)
[Amdt. 195–39, 53 FR 24950, July 1, 1988; 53 FR
29800, Aug. 8, 1988, as amended by Amdt. 195– may be submitted in duplicate to that
42, 54 FR 32344, Aug. 7, 1989; Amdt. 195–44, 54 State agency if the regulations of that
FR 40878, Oct. 4, 1989; Amdt. 195–50, 59 FR agency require submission of these re-
17281, Apr. 12, 1994; Amdt. 195–61, 63 FR 7723, ports and provide for further trans-
Feb. 17, 1998] mittal of one copy within 10 days of re-
ceipt to the Information Resources
§ 195.57 Filing offshore pipeline condi- Manager. Safety-related condition re-
tion reports. ports required by § 195.55 for intrastate
(a) Each operator shall, within 60 pipelines must be submitted concur-
days after completion of the inspection rently to the State agency, and if that
of all its underwater pipelines subject agency acts as an agent of the Sec-
to § 195.413(a), report the following in- retary with respect to interstate pipe-
formation: lines, safety-related condition reports
(1) Name and principal address of op- for these pipelines must be submitted
erator. concurrently to that agency.
(2) Date of report. [Amdt. 195–55, 61 FR 18518, Apr. 26, 1996, as
(3) Name, job title, and business tele- amended by Amdt. 195–81, 69 FR 32897, June
phone number of person submitting the 14, 2004; 70 FR 11140, Mar. 8, 2005]
report.
(4) Total number of miles (kilo- § 195.59 Abandonment or deactivation
meters) of pipeline inspected. of facilities.
(5) Length and date of installation of For each abandoned offshore pipeline
each exposed pipeline segment, and lo- facility or each abandoned onshore
cation; including, if available, the loca- pipeline facility that crosses over,
tion according to the Minerals Manage- under or through a commercially navi-
ment Service or state offshore area and gable waterway, the last operator of
block number tract. that facility must file a report upon
(6) Length and date of installation of abandonment of that facility.
each pipeline segment, if different from (a) The preferred method to submit
a pipeline segment identified under data on pipeline facilities abandoned
paragraph (a)(5) of this section, that is after October 10, 2000 is to the National
a hazard to navigation, and the loca- Pipeline Mapping System (NPMS) in
tion; including, if available, the loca- accordance with the NPMS ‘‘Standards
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tion according to the Minerals Manage- for Pipeline and Liquefied Natural Gas

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§ 195.60 49 CFR Ch. I (10–1–07 Edition)

Operator Submissions.’’ To obtain a simile of DOT Form 7000–1 to enable it


copy of the NPMS Standards, please to promptly report accidents. The De-
refer to the NPMS homepage at http:// partment will, upon request, furnish
www.npms.phmsa.dot.gov or contact the specimen copies of the form. Requests
NPMS National Repository at 703–317– should be addressed to the Information
3073. A digital data format is preferred, Resources Manager, Office of Pipeline
but hard copy submissions are accept- Safety, Department of Transportation,
able if they comply with the NPMS Washington, DC 20590.
Standards. In addition to the NPMS-re-
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
quired attributes, operators must sub-
amended at 47 FR 32720, July 29, 1982]
mit the date of abandonment, diame-
ter, method of abandonment, and cer- § 195.63 OMB control number assigned
tification that, to the best of the oper- to information collection.
ator’s knowledge, all of the reasonably
The control number assigned by the
available information requested was
Office of Management and Budget to
provided and, to the best of the opera-
the hazardous liquid pipeline informa-
tor’s knowledge, the abandonment was
tion collection requirements of this
completed in accordance with applica-
part pursuant to the Paperwork Reduc-
ble laws. Refer to the NPMS Standards
tion Act of 1980 is 2137–0047.
for details in preparing your data for
submission. The NPMS Standards also [Amdt. 195–34, 50 FR 34474, Aug. 26, 1985]
include details of how to submit data.
Alternatively, operators may submit Subpart C—Design Requirements
reports by mail, fax or e-mail to the
Pipeline and Hazardous Materials Safe- § 195.100 Scope.
ty Administration, U.S. Department of This subpart prescribes minimum de-
Transportation, Room 2103, 400 Seventh sign requirements for new pipeline sys-
Street, SW., Washington, DC 20590; fax tems constructed with steel pipe and
(202) 366–4566; e-mail, for relocating, replacing, or otherwise
roger.little@dot.gov. The information in changing existing systems constructed
the report must contain all reasonably with steel pipe. However, it does not
available information related to the fa- apply to the movement of line pipe
cility, including information in the covered by § 195.424.
possession of a third party. The report
must contain the location, size, date, § 195.101 Qualifying metallic compo-
method of abandonment, and a certifi- nents other than pipe.
cation that the facility has been aban-
Notwithstanding any requirement of
doned in accordance with all applicable
the subpart which incorporates by ref-
laws.
erence an edition of a document listed
(b) [Reserved]
in § 195.3, a metallic component other
[Amdt. 195–69, 65 FR 54444, Sept. 8, 2000, as than pipe manufactured in accordance
amended at 70 FR 11140, Mar. 8, 2005; Amdt. with any other edition of that docu-
195–86, 72 FR 4657, Feb. 1, 2007] ment is qualified for use if—
§ 195.60 Operator assistance in inves- (a) It can be shown through visual in-
tigation. spection of the cleaned component that
no defect exists which might impair
If the Department of Transportation the strength or tightness of the compo-
investigates an accident, the operator nent: and
involved shall make available to the (b) The edition of the document
representative of the Department all under which the component was manu-
records and information that in any factured has equal or more stringent
way pertain to the accident, and shall requirements for the following as an
afford all reasonable assistance in the edition of that document currently or
investigation of the accident. previously listed in § 195.3:
§ 195.62 Supplies of accident report (1) Pressure testing;
DOT Form 7000–1. (2) Materials; and
(3) Pressure and temperature ratings.
Each operator shall maintain an ade-
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quate supply of forms that are a fac- [Amdt. 195–28, 48 FR 30639, July 5, 1983]

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Pipeline and Hazardous Materials Safety Administration, DOT § 195.106

§ 195.102 Design temperature. yield strength is not known, the yield


(a) Material for components of the strength to be used in the design for-
system must be chosen for the tem- mula is one of the following:
perature environment in which the (1)(i) The yield strength determined
components will be used so that the by performing all of the tensile tests of
pipeline will maintain its structural API Specification 5L on randomly se-
integrity. lected specimens with the following
(b) Components of carbon dioxide number of tests:
pipelines that are subject to low tem- Pipe size No. of tests
peratures during normal operation be-
cause of rapid pressure reduction or Less than 65⁄8 in (168 mm) nomi- One test for each 200
nal outside diameter. lengths.
during the initial fill of the line must 65⁄8 in through 123⁄4 in (168 mm One test for each 100
be made of materials that are suitable through 324 mm) nominal out- lengths.
for those low temperatures. side diameter.
Larger than 123⁄4 in (324 mm) One test for each 50
[Admt. 195–45, 56 FR 26925, June 12, 1991] nominal outside diameter. lengths.

§ 195.104 Variations in pressure. (ii) If the average yield-tensile ratio


If, within a pipeline system, two or exceeds 0.85, the yield strength shall be
more components are to be connected taken as 24,000 p.s.i. (165,474 kPa). If the
at a place where one will operate at a average yield-tensile ratio is 0.85 or
higher pressure than another, the sys- less, the yield strength of the pipe is
tem must be designed so that any com- taken as the lower of the following:
ponent operating at the lower pressure (A) Eighty percent of the average
will not be overstressed. yield strength determined by the ten-
sile tests.
§ 195.106 Internal design pressure. (B) The lowest yield strength deter-
(a) Internal design pressure for the mined by the tensile tests.
pipe in a pipeline is determined in ac- (2) If the pipe is not tensile tested as
cordance with the following formula: provided in paragraph (b) of this sec-
P=(2St/D)×E×F tion, the yield strength shall be taken
P=Internal design pressure in p.s.i. (kPa)
as 24,000 p.s.i. (165,474 kPa).
gage. (c) If the nominal wall thickness to
S=Yield strength in pounds per square inch be used in determining internal design
(kPa) determined in accordance with para- pressure under paragraph (a) of this
graph (b) of this section. section is not known, it is determined
t=Nominal wall thickness of the pipe in by measuring the thickness of each
inches (millimeters). If this is unknown, it piece of pipe at quarter points on one
is determined in accordance with para-
end. However, if the pipe is of uniform
graph (c) of this section.
D=Nominal outside diameter of the pipe in grade, size, and thickness, only 10 indi-
inches (millimeters). vidual lengths or 5 percent of all
E=Seam joint factor determined in accord- lengths, whichever is greater, need be
ance with paragraph (e) of this section. measured. The thickness of the lengths
F=A design factor of 0.72, except that a de- that are not measured must be verified
sign factor of 0.60 is used for pipe, includ- by applying a gage set to the minimum
ing risers, on a platform located offshore
thickness found by the measurement.
or on a platform in inland navigable wa-
ters, and 0.54 is used for pipe that has been The nominal wall thickness to be used
subjected to cold expansion to meet the is the next wall thickness found in
specified minimum yield strength and is commercial specifications that is
subsequently heated, other than by weld- below the average of all the measure-
ing or stress relieving as a part of welding, ments taken. However, the nominal
to a temperature higher than 900 °F (482 °C) wall thickness may not be more than
for any period of time or over 600 °F (316 1.14 times the smallest measurement
°C) for more than 1 hour.
taken on pipe that is less than 20
(b) The yield strength to be used in inches (508 mm) nominal outside di-
determining the internal design pres- ameter, nor more than 1.11 times the
sure under paragraph (a) of this section smallest measurement taken on pipe
is the specified minimum yield that is 20 inches (508 mm) or more in
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§ 195.108 49 CFR Ch. I (10–1–07 Edition)

(d) The minimum wall thickness of providing for expansion and flexibility,
the pipe may not be less than 87.5 per- section 419 of ASME/ANSI B31.4 must
cent of the value used for nominal wall be followed.
thickness in determining the internal (b) The pipe and other components
design pressure under paragraph (a) of must be supported in such a way that
this section. In addition, the antici- the support does not cause excess local-
pated external loads and external pres- ized stresses. In designing attachments
sures that are concurrent with internal to pipe, the added stress to the wall of
pressure must be considered in accord- the pipe must be computed and com-
ance with §§ 195.108 and 195.110 and, pensated for.
after determining the internal design [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
pressure, the nominal wall thickness amended at 58 FR 14524, Mar. 18, 1993]
must be increased as necessary to com-
pensate for these concurrent loads and § 195.111 Fracture propagation.
pressures. A carbon dioxide pipeline system
(e) The seam joint factor used in must be designed to mitigate the ef-
paragraph (a) of this section is deter- fects of fracture propagation.
mined in accordance with the following
table: [Amdt. 195–45, 56 FR 26926, June 12, 1991]

Seam § 195.112 New pipe.


Specification Pipe class joint
factor Any new pipe installed in a pipeline
system must comply with the fol-
ASTM A53 .... Seamless .......................................... 1.00
Electric resistance welded ................ 1.00 lowing:
Furnace lap welded .......................... 0.80 (a) The pipe must be made of steel of
Furnace butt welded ......................... 0.60 the carbon, low alloy-high strength, or
ASTM A106 .. Seamless .......................................... 1.00
ASTM A 333/ Seamless .......................................... 1.00 alloy type that is able to withstand the
A 333M. internal pressures and external loads
Welded .............................................. 1.00 and pressures anticipated for the pipe-
ASTM A381 .. Double submerged arc welded ......... 1.00
ASTM A671 .. Electric-fusion-welded ....................... 1.00 line system.
ASTM A672 .. Electric-fusion-welded ....................... 1.00 (b) The pipe must be made in accord-
ASTM A691 .. Electric-fusion-welded ....................... 1.00 ance with a written pipe specification
API 5L ........... Seamless .......................................... 1.00
Electric resistance welded ................ 1.00 that sets forth the chemical require-
Electric flash welded ......................... 1.00 ments for the pipe steel and mechan-
Submerged arc welded ..................... 1.00 ical tests for the pipe to provide pipe
Furnace lap welded .......................... 0.80
Furnace butt welded ......................... 0.60
suitable for the use intended.
(c) Each length of pipe with a nomi-
nal outside diameter of 4 1⁄2 in (114.3
The seam joint factor for pipe which is
mm) or more must be marked on the
not covered by this paragraph must be
pipe or pipe coating with the specifica-
approved by the Administrator.
tion to which it was made, the speci-
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 fied minimum yield strength or grade,
FR 32721, July 29, 1982, as amended by Amdt. and the pipe size. The marking must be
195–30, 49 FR 7569, Mar. 1, 1984; Amdt 195–37,
applied in a manner that does not dam-
51 FR 15335, Apr. 23, 1986; Amdt 195–40, 54 FR
5628, Feb. 6, 1989; 58 FR 14524, Mar. 18, 1993; age the pipe or pipe coating and must
Amdt. 195–50, 59 FR 17281, Apr. 12, 1994; Amdt. remain visible until the pipe is in-
195–52, 59 FR 33396, 33397, June 28, 1994; Amdt. stalled.
195–63, 63 FR 37506, July 13, 1998]
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
amended by Amdt. 195–52, 59 FR 33396, June
§ 195.108 External pressure.
28, 1994; Amdt. 195–63, 63 FR 37506, July 13,
Any external pressure that will be 1998]
exerted on the pipe must be provided
for in designing a pipeline system. § 195.114 Used pipe.
Any used pipe installed in a pipeline
§ 195.110 External loads. system must comply with § 195.112 (a)
(a) Anticipated external loads (e.g.), and (b) and the following:
earthquakes, vibration, thermal expan- (a) The pipe must be of a known spec-
sion, and contraction must be provided ification and the seam joint factor
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for in designing a pipeline system. In must be determined in accordance with

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Pipeline and Hazardous Materials Safety Administration, DOT § 195.120

§ 195.106(e). If the specified minimum (1) Manufacturer’s name or trade-


yield strength or the wall thickness is mark.
not known, it is determined in accord- (2) Class designation or the maximum
ance with § 195.106 (b) or (c) as appro- working pressure to which the valve
priate. may be subjected.
(b) There may not be any: (3) Body material designation (the
(1) Buckles; end connection material, if more than
(2) Cracks, grooves, gouges, dents, or one type is used).
other surface defects that exceed the (4) Nominal valve size.
maximum depth of such a defect per- [Amdt. 195–22, 46 FR 38360, July 27, 1981 as
mitted by the specification to which amended by Amdt. 195–45, 56 FR 26926, June
the pipe was manufactured; or 12, 1991; Amdt. 195–86, 71 FR 33410, June 9,
(3) Corroded areas where the remain- 2006]
ing wall thickness is less than the min-
imum thickness required by the toler- § 195.118 Fittings.
ances in the specification to which the (a) Butt-welding type fittings must
pipe was manufactured. meet the marking, end preparation,
However, pipe that does not meet the and the bursting strength requirements
requirements of paragraph (b)(3) of this of ASME/ANSI B16.9 or MSS Standard
section may be used if the operating Practice SP–75.
pressure is reduced to be commensu- (b) There may not be any buckles,
rate with the remaining wall thick- dents, cracks, gouges, or other defects
ness. in the fitting that might reduce the
strength of the fitting.
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 (c) The fitting must be suitable for
FR 32721, July 29, 1982] the intended service and be at least as
strong as the pipe and other fittings in
§ 195.116 Valves.
the pipeline system to which it is at-
Each valve installed in a pipeline tached.
system must comply with the fol-
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
lowing:
FR 32721, July 29, 1982, as amended at 58 FR
(a) The valve must be of a sound en- 14524, Mar. 18, 1993]
gineering design.
(b) Materials subject to the internal § 195.120 Passage of internal inspec-
pressure of the pipeline system, includ- tion devices.
ing welded and flanged ends, must be (a) Except as provided in paragraphs
compatible with the pipe or fittings to (b) and (c) of this section, each new
which the valve is attached. pipeline and each line section of a pipe-
(c) Each part of the valve that will be line where the line pipe, valve, fitting
in contact with the carbon dioxide or or other line component is replaced;
hazardous liquid stream must be made must be designed and constructed to
of materials that are compatible with accommodate the passage of instru-
carbon dioxide or each hazardous liquid mented internal inspection devices.
that it is anticipated will flow through (b) This section does not apply to:
the pipeline system. (1) Manifolds;
(d) Each valve must be both (2) Station piping such as at pump
hydrostatically shell tested and stations, meter stations, or pressure
hydrostatically seat tested without reducing stations;
leakage to at least the requirements (3) Piping associated with tank farms
set forth in section 10 of API Standard and other storage facilities;
6D (incorporated by reference, see (4) Cross-overs;
§ 195.3). (5) Sizes of pipe for which an instru-
(e) Each valve other than a check mented internal inspection device is
valve must be equipped with a means not commercially available;
for clearly indicating the position of (6) Offshore pipelines, other than
the valve (open, closed, etc.). main lines 10 inches (254 millimeters)
(f) Each valve must be marked on the or greater in nominal diameter, that
body or the nameplate, with at least transport liquids to onshore facilities;
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the following: and

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§ 195.122 49 CFR Ch. I (10–1–07 Edition)

(7) Other piping that the Adminis- § 195.128 Station piping.


trator under § 190.9 of this chapter,
Any pipe to be installed in a station
finds in a particular case would be im-
that is subject to system pressure must
practicable to design and construct to
meet the applicable requirements of
accommodate the passage of instru-
this subpart.
mented internal inspection devices.
(c) An operator encountering emer- § 195.130 Fabricated assemblies.
gencies, construction time constraints
and other unforeseen construction Each fabricated assembly to be in-
problems need not construct a new or stalled in a pipeline system must meet
replacement segment of a pipeline to the applicable requirements of this
meet paragraph (a) of this section, if subpart.
the operator determines and docu- § 195.132 Design and construction of
ments why an impracticability pro- aboveground breakout tanks.
hibits compliance with paragraph (a) of
this section. Within 30 days after dis- (a) Each aboveground breakout tank
covering the emergency or construc- must be designed and constructed to
tion problem the operator must peti- withstand the internal pressure pro-
tion, under § 190.9 of this chapter, for duced by the hazardous liquid to be
approval that design and construction stored therein and any anticipated ex-
to accommodate passage of instru- ternal loads.
mented internal inspection devices (b) For aboveground breakout tanks
would be impracticable. If the petition first placed in service after October 2,
is denied, within 1 year after the date 2000, compliance with paragraph (a) of
of the notice of the denial, the operator this section requires one of the fol-
must modify that segment to allow lowing:
passage of instrumented internal in- (1) Shop-fabricated, vertical, cylin-
spection devices. drical, closed top, welded steel tanks
with nominal capacities of 90 to 750
[Amdt. 195–50, 59 FR 17281, Apr. 12, 1994, as barrels (14.3 to 119.2 m 3) and with inter-
amended by Amdt. 195–63, 63 FR 37506, July nal vapor space pressures that are ap-
13, 1998]
proximately atmospheric must be de-
§ 195.122 Fabricated branch connec- signed and constructed in accordance
tions. with API Specification 12F.
(2) Welded, low-pressure (i.e., inter-
Each pipeline system must be de-
nal vapor space pressure not greater
signed so that the addition of any fab-
than 15 psig (103.4 kPa)), carbon steel
ricated branch connections will not re-
tanks that have wall shapes that can
duce the strength of the pipeline sys-
be generated by a single vertical axis of
tem.
revolution must be designed and con-
§ 195.124 Closures. structed in accordance with API Stand-
ard 620.
Each closure to be installed in a pipe- (3) Vertical, cylindrical, welded steel
line system must comply with the tanks with internal pressures at the
ASME Boiler and Pressure Vessel Code, tank top approximating atmospheric
section VIII, Pressure Vessels, Division pressures (i.e., internal vapor space
1, and must have pressure and tempera- pressures not greater than 2.5 psig (17.2
ture ratings at least equal to those of kPa), or not greater than the pressure
the pipe to which the closure is at- developed by the weight of the tank
tached. roof) must be designed and constructed
§ 195.126 Flange connection. in accordance with API Standard 650.
(4) High pressure steel tanks (i.e., in-
Each component of a flange connec- ternal gas or vapor space pressures
tion must be compatible with each greater than 15 psig (103.4 kPa)) with a
other component and the connection as nominal capacity of 2000 gallons (7571
a unit must be suitable for the service liters) or more of liquefied petroleum
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Pipeline and Hazardous Materials Safety Administration, DOT § 195.210

gas (LPG) must be designed and con- § 195.205 Repair, alteration and recon-
structed in accordance with API Stand- struction of aboveground breakout
ard 2510. tanks that have been in service.
[Amdt. 195–66, 64 FR 15935, Apr. 2, 1999] (a) Aboveground breakout tanks that
have been repaired, altered, or recon-
§ 195.134 CPM leak detection. structed and returned to service must
be capable of withstanding the internal
This section applies to each haz- pressure produced by the hazardous liq-
ardous liquid pipeline transporting liq- uid to be stored therein and any antici-
uid in single phase (without gas in the pated external loads.
liquid). On such systems, each new (b) After October 2, 2000, compliance
computational pipeline monitoring with paragraph (a) of this section re-
(CPM) leak detection system and each quires the following for the tanks spec-
replaced component of an existing CPM ified:
system must comply with section 4.2 of (1) For tanks designed for approxi-
API 1130 in its design and with any mately atmospheric pressure con-
other design criteria addressed in API structed of carbon and low alloy steel,
1130 for components of the CPM leak welded or riveted, and non-refrigerated
detection system. and tanks built to API Standard 650 or
its predecessor Standard 12C, repair, al-
[Amdt. 195–62, 63 FR 36376, July 6, 1998]
teration, and reconstruction must be in
accordance with API Standard 653.
Subpart D—Construction (2) For tanks built to API Specifica-
tion 12F or API Standard 620, the re-
§ 195.200 Scope. pair, alteration, and reconstruction
This subpart prescribes minimum re- must be in accordance with the design,
quirements for constructing new pipe- welding, examination, and material re-
line systems with steel pipe, and for re- quirements of those respective stand-
locating, replacing, or otherwise ards.
changing existing pipeline systems (3) For high pressure tanks built to
that are constructed with steel pipe. API Standard 2510, repairs, alterations,
However, this subpart does not apply and reconstruction must be in accord-
to the movement of pipe covered by ance with API 510.
§ 195.424. [Amdt. 195–66, 64 FR 15935, Apr. 2, 1999]

§ 195.202 Compliance with specifica- § 195.206 Material inspection.


tions or standards.
No pipe or other component may be
Each pipeline system must be con- installed in a pipeline system unless it
structed in accordance with com- has been visually inspected at the site
prehensive written specifications or of installation to ensure that it is not
standards that are consistent with the damaged in a manner that could impair
requirements of this part. its strength or reduce its service-
ability.
§ 195.204 Inspection—general.
Inspection must be provided to en- § 195.208 Welding of supports and
braces.
sure the installation of pipe or pipeline
systems in accordance with the re- Supports or braces may not be weld-
quirements of this subpart. No person ed directly to pipe that will be oper-
may be used to perform inspections un- ated at a pressure of more than 100
less that person has been trained and is p.s.i. (689 kPa) gage.
qualified in the phase of construction [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
to be inspected. amended by Amdt. 195–63, 63 FR 37506, July
13, 1998]
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
amended by Amdt. 195–52, 59 FR 33397, June § 195.210 Pipeline location.
28, 1994]
(a) Pipeline right-of-way must be se-
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§ 195.212 49 CFR Ch. I (10–1–07 Edition)

areas containing private dwellings, in- (b) Each welding procedure must be
dustrial buildings, and places of public recorded in detail, including the results
assembly. of the qualifying tests. This record
(b) No pipeline may be located within must be retained and followed when-
50 feet (15 meters) of any private dwell- ever the procedure is used.
ing, or any industrial building or place
[Amdt. 195–38, 51 FR 20297, June 4, 1986, as
of public assembly in which persons amended at Amdt. 195–81, 69 FR 32897, June
work, congregate, or assemble, unless 14, 2004]
it is provided with at least 12 inches
(305 millimeters) of cover in addition to § 195.216 Welding: Miter joints.
that prescribed in § 195.248.
A miter joint is not permitted (not
[Amdt. 195–22, 46 FR 39360, July 27, 1981, as including deflections up to 3 degrees
amended by Amdt. 195–63, 63 FR 37506, July that are caused by misalignment).
13, 1998]
§ 195.222 Welders: Qualification of
§ 195.212 Bending of pipe. welders.
(a) Pipe must not have a wrinkle (a) Each welder must be qualified in
bend. accordance with section 6 of API 1104
(b) Each field bend must comply with (incorporated by reference, see § 195.3)
the following: or section IX of the ASME Boiler and
(1) A bend must not impair the serv- Pressure Vessel Code, (incorporated by
iceability of the pipe. reference, see § 195.3) except that a
(2) Each bend must have a smooth welder qualified under an earlier edi-
contour and be free from buckling, tion than listed in § 195.3 may weld but
cracks, or any other mechanical dam- may not re-qualify under that earlier
age. edition.
(3) On pipe containing a longitudinal (b) No welder may weld with a weld-
weld, the longitudinal weld must be as ing process unless, within the pre-
near as practicable to the neutral axis ceding 6 calendar months, the welder
of the bend unless— has—
(i) The bend is made with an internal (1) Engaged in welding with that
bending mandrel; or process; and
(ii) The pipe is 123⁄4 in (324 mm) or (2) Had one welded tested and found
less nominal outside diameter or has a acceptable under section 9 of API 1104
diameter to wall thickness ratio less (incorporated by reference, see § 195.3).
than 70.
(c) Each circumferential weld which [Amdt. 195–81, 69 FR 54593, Sept. 9, 2004, as
is located where the stress during bend- amended by Amdt. 195–86, 71 FR 33409, June
ing causes a permanent deformation in 9, 2006]
the pipe must be nondestructively test-
§ 195.224 Welding: Weather.
ed either before or after the bending
process. Welding must be protected from
weather conditions that would impair
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
amended by Amdt. 195–52, 59 FR 33396, June
the quality of the completed weld.
28, 1994; Amdt. 195–63, 63 FR 37506, July 13,
1998] § 195.226 Welding: Arc burns.
(a) Each arc burn must be repaired.
§ 195.214 Welding procedures. (b) An arc burn may be repaired by
(a) Welding must be performed by a completely removing the notch by
qualified welder in accordance with grinding, if the grinding does not re-
welding procedures qualified under duce the remaining wall thickness to
Section 5 of API 1104 or Section IX of less than the minimum thickness re-
the ASME Boiler and Pressure Vessel quired by the tolerances in the speci-
Code (incorporated by reference, see fication to which the pipe is manufac-
§ 195.3) . The quality of the test welds tured. If a notch is not repairable by
used to qualify the welding procedure grinding, a cylinder of the pipe con-
shall be determined by destructive taining the entire notch must be re-
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testing. moved.

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Pipeline and Hazardous Materials Safety Administration, DOT § 195.234

(c) A ground may not be welded to indicate any defects that may affect
the pipe or fitting that is being welded. the integrity of the weld.
(b) Any nondestructive testing of
§ 195.228 Welds and welding inspec- welds must be performed—
tion: Standards of acceptability. (1) In accordance with a written set
(a) Each weld and welding must be of procedures for nondestructive test-
inspected to insure compliance with ing; and
the requirements of this subpart. Vis- (2) With personnel that have been
ual inspection must be supplemented trained in the established procedures
by nondestructive testing. and in the use of the equipment em-
(b) The acceptability of a weld is de- ployed in the testing.
termined according to the standards in (c) Procedures for the proper inter-
Section 9 of API 1104. However, if a pretation of each weld inspection must
girth weld is unacceptable under those be established to ensure the accept-
standards for a reason other than a ability of the weld under § 195.228.
crack, and if Appendix A to API 1104 (d) During construction, at least 10
(incorporated by reference, see § 195.3) percent of the girth welds made by
applies to the weld, the acceptability each welder during each welding day
of the weld may be determined under must be nondestructively tested over
that appendix. the entire circumference of the weld.
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as (e) All girth welds installed each day
amended by Amdt. 195–52, 59 FR 33397, June in the following locations must be non-
28, 1994; Amdt. 195–81, 69 FR 32898, June 14, destructively tested over their entire
2004] circumference, except that when non-
destructive testing is impracticable for
§ 195.230 Welds: Repair or removal of a girth weld, it need not be tested if
defects.
the number of girth welds for which
(a) Each weld that is unacceptable testing is impracticable does not ex-
under § 195.228 must be removed or re- ceed 10 percent of the girth welds in-
paired. Except for welds on an offshore stalled that day:
pipeline being installed from a pipelay (1) At any onshore location where a
vessel, a weld must be removed if it has loss of hazardous liquid could reason-
a crack that is more than 8 percent of ably be expected to pollute any stream,
the weld length. river, lake, reservoir, or other body of
(b) Each weld that is repaired must water, and any offshore area;
have the defect removed down to sound (2) Within railroad or public road
metal and the segment to be repaired rights-of-way;
must be preheated if conditions exist (3) At overhead road crossings and
which would adversely affect the qual- within tunnels;
ity of the weld repair. After repair, the (4) Within the limits of any incor-
segment of the weld that was repaired porated subdivision of a State govern-
must be inspected to ensure its accept- ment; and
ability. (5) Within populated areas, including,
(c) Repair of a crack, or of any defect but not limited to, residential subdivi-
in a previously repaired area must be sions, shopping centers, schools, des-
in accordance with written weld repair ignated commercial areas, industrial
procedures that have been qualified facilities, public institutions, and
under § 195.214. Repair procedures must places of public assembly.
provide that the minimum mechanical (f) When installing used pipe, 100 per-
properties specified for the welding cent of the old girth welds must be
procedure used to make the original nondestructively tested.
weld are met upon completion of the (g) At pipeline tie-ins, including tie-
final weld repair. ins of replacement sections, 100 percent
[Amdt. 195–29, 48 FR 48674, Oct. 20, 1983] of the girth welds must be nondestruc-
tively tested.
§ 195.234 Welds: Nondestructive test-
ing. [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
amended by Amdt. 195–35, 50 FR 37192, Sept.
(a) A weld may be nondestructively 21, 1985; Amdt. 195–52, 59 FR 33397, June 28,
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tested by any process that will clearly 1994]

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§§ 195.236–195.244 49 CFR Ch. I (10–1–07 Edition)

§§ 195.236–195.244 [Reserved] heavy concrete coating or protected by


an equivalent means.
§ 195.246 Installation of pipe in a
ditch. [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
amended by Amdt. 195–52, 59 FR 33397, June
(a) All pipe installed in a ditch must 28, 1994; 59 FR 36256, July 15, 1994; Amdt. 195–
be installed in a manner that mini- 85, 69 FR 48407, Aug. 10, 2004]
mizes the introduction of secondary
stresses and the possibility of damage § 195.248 Cover over buried pipeline.
to the pipe.
(b) Except for pipe in the Gulf of (a) Unless specifically exempted in
Mexico and its inlets in waters less this subpart, all pipe must be buried so
than 15 feet deep, all offshore pipe in that it is below the level of cultivation.
water at least 12 feet deep (3.7 meters) Except as provided in paragraph (b) of
but not more than 200 feet deep (61 me- this section, the pipe must be installed
ters) deep as measured from the mean so that the cover between the top of
low water must be installed so that the the pipe and the ground level, road bed,
top of the pipe is below the underwater river bottom, or underwater natural
natural bottom (as determined by rec- bottom (as determined by recognized
ognized and generally accepted prac- and generally accepted practices), as
tices) unless the pipe is supported by applicable, complies with the following
stanchions held in place by anchors or table:
Cover inches (millimeters)
Location For normal For rock
excavation excavation 1

Industrial, commercial, and residential areas ............................................................................... 36 (914) 30 (762)


Crossing of inland bodies of water with a width of at least 100 feet (30 millimeters) from high
water mark to high water mark .................................................................................................. 48 (1219) 18 (457)
Drainage ditches at public roads and railroads ............................................................................ 36 (914) 36 (914)
Deepwater port safety zones ........................................................................................................ 48 (1219) 24 (610)
Gulf of Mexico and its inlets in waters less than 15 feet (4.6 meters) deep as measured from
mean low water ......................................................................................................................... 36 (914) 18 (457)
Other offshore areas under water less than 12 ft (3.7 meters) deep as measured from mean
low water .................................................................................................................................... 36 (914) 18 (457)
Any other area ............................................................................................................................... 30 (762) 18 (457)
1 Rock excavation is any excavation that requires blasting or removal by equivalent means.

(b) Except for the Gulf of Mexico and other underground structure, except
its inlets in waters less than 15 feet (4.6 that for drainage tile the minimum
meters) deep, less cover than the min- clearance may be less than 12 inches
imum required by paragraph (a) of this (305 millimeters) but not less than 2
section and § 195.210 may be used if— inches (51 millimeters). However,
(1) It is impracticable to comply with where 12 inches (305 millimeters) of
the minimum cover requirements; and clearance is impracticable, the clear-
(2) Additional protection is provided ance may be reduced if adequate provi-
that is equivalent to the minimum re- sions are made for corrosion control.
quired cover.
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
amended by Amdt. 195–63, 63 FR 37506, July
FR 32721, July 29, 1982 as amended by Amdt.
13, 1998]
195–52, 59 FR 33397, June 28, 1994; 59 FR 36256,
July 15, 1994; Amdt. 195–63, 63 FR 37506, July
13, 1998; Amdt. 195–95, 69 FR 48407, Aug. 10, § 195.252 Backfilling.
2004] When a ditch for a pipeline is
backfilled, it must be backfilled in a
§ 195.250 Clearance between pipe and
underground structures. manner that:
(a) Provides firm support under the
Any pipe installed underground must pipe; and
have at least 12 inches (305 millime-
ters) of clearance between the outside
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Pipeline and Hazardous Materials Safety Administration, DOT § 195.262

(b) Prevents damage to the pipe and country, for offshore areas, or for popu-
pipe coating from equipment or from lated areas.
the backfill material. (d) On each lateral takeoff from a
[Amdt. 195–78, 68 FR 53528, Sept. 11, 2003] trunk line in a manner that permits
shutting off the lateral without inter-
§ 195.254 Above ground components. rupting the flow in the trunk line.
(a) Any component may be installed (e) On each side of a water crossing
above ground in the following situa- that is more than 100 feet (30 meters)
tions, if the other applicable require- wide from high-water mark to high-
ments of this part are complied with: water mark unless the Administrator
(1) Overhead crossings of highways, finds in a particular case that valves
railroads, or a body of water. are not justified.
(2) Spans over ditches and gullies. (f) On each side of a reservoir holding
(3) Scraper traps or block valves. water for human consumption.
(4) Areas under the direct control of [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
the operator. FR 32721, July 29, 1982; Amdt. 195–50, 59 FR
(5) In any area inaccessible to the 17281, Apr. 12, 1994; Amdt. 195–63, 63 FR 37506,
public. July 13, 1998]
(b) Each component covered by this
section must be protected from the § 195.262 Pumping equipment.
forces exerted by the anticipated loads. (a) Adequate ventilation must be pro-
vided in pump station buildings to pre-
§ 195.256 Crossing of railroads and
highways. vent the accumulation of hazardous va-
pors. Warning devices must be installed
The pipe at each railroad or highway to warn of the presence of hazardous
crossing must be installed so as to ade- vapors in the pumping station building.
quately withstand the dynamic forces (b) The following must be provided in
exerted by anticipated traffic loads. each pump station:
§ 195.258 Valves: General. (1) Safety devices that prevent over-
pressuring of pumping equipment, in-
(a) Each valve must be installed in a cluding the auxiliary pumping equip-
location that is accessible to author- ment within the pumping station.
ized employees and that is protected (2) A device for the emergency shut-
from damage or tampering.
down of each pumping station.
(b) Each submerged valve located off-
(3) If power is necessary to actuate
shore or in inland navigable waters
the safety devices, an auxiliary power
must be marked, or located by conven-
supply.
tional survey techniques, to facilitate
quick location when operation of the (c) Each safety device must be tested
valve is required. under conditions approximating actual
operations and found to function prop-
§ 195.260 Valves: Location. erly before the pumping station may be
used.
A valve must be installed at each of
the following locations: (d) Except for offshore pipelines,
(a) On the suction end and the dis- pumping equipment must be installed
charge end of a pump station in a man- on property that is under the control of
ner that permits isolation of the pump the operator and at least 15.2 m (50 ft)
station equipment in the event of an from the boundary of the pump station.
emergency. (e) Adequate fire protection must be
(b) On each line entering or leaving a installed at each pump station. If the
breakout storage tank area in a man- fire protection system installed re-
ner that permits isolation of the tank quires the use of pumps, motive power
area from other facilities. must be provided for those pumps that
(c) On each mainline at locations is separate from the power that oper-
along the pipeline system that will ates the station.
minimize damage or pollution from ac- [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
cidental hazardous liquid discharge, as amended by Amdt. 195–52, 59 FR 33397, June
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appropriate for the terrain in open 28, 1994]

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§ 195.264 49 CFR Ch. I (10–1–07 Edition)

§ 195.264 Impoundment, protection (3) Pressure-relieving and emergency


against entry, normal/emergency vacuum-relieving devices installed on
venting or pressure/vacuum relief low pressure tanks built to API Stand-
for aboveground breakout tanks. ard 620 must be in accordance with sec-
(a) A means must be provided for tion 9 of API Standard 620 (incor-
containing hazardous liquids in the porated by reference, see § 195.3) and its
event of spillage or failure of an above- references to the normal and emer-
ground breakout tank. gency venting requirements in API
(b) After October 2, 2000, compliance Standard 2000 (incorporated by ref-
with paragraph (a) of this section re- erence, see § 195.3).
quires the following for the above- (4) Pressure and vacuum-relieving de-
ground breakout tanks specified: vices installed on high pressure tanks
built to API Standard 2510 must be in
(1) For tanks built to API Specifica-
accordance with sections 7 or 11 of API
tion 12F, API Standard 620, and others
2510 (incorporated by reference, see
(such as API Standard 650 or its prede- § 195.3).
cessor Standard 12C), the installation
of impoundment must be in accordance [Amdt. 195–66, 64 FR 15935, Apr. 2, 1999, as
with the following sections of NFPA 30: amended by 195–86, 71 FR 33410, June 9, 2006]
(i) Impoundment around a breakout § 195.266 Construction records.
tank must be installed in accordance
with section 4.3.2.3.2; and A complete record that shows the fol-
(ii) Impoundment by drainage to a re- lowing must be maintained by the op-
mote impounding area must be in- erator involved for the life of each
stalled in accordance with section pipeline facility:
4.3.2.3.1. (a) The total number of girth welds
and the number nondestructively test-
(2) For tanks built to API 2510, the
ed, including the number rejected and
installation of impoundment must be
the disposition of each rejected weld.
in accordance with section 5 or 11 of
(b) The amount, location; and cover
API 2510 (incorporated by reference, see
of each size of pipe installed.
§ 195.3).
(c) The location of each crossing of
(c) Aboveground breakout tank areas another pipeline.
must be adequately protected against (d) The location of each buried util-
unauthorized entry. ity crossing.
(d) Normal/emergency relief venting (e) The location of each overhead
must be provided for each atmospheric crossing.
pressure breakout tank. Pressure/vacu- (f) The location of each valve and
um-relieving devices must be provided corrosion test station.
for each low-pressure and high-pressure
breakout tank. [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
amended by Amdt. 195–34, 50 FR 34474, Aug.
(e) For normal/emergency relief vent- 26, 1985]
ing and pressure/vacuum-relieving de-
vices installed on aboveground break-
out tanks after October 2, 2000, compli- Subpart E—Pressure Testing
ance with paragraph (d) of this section § 195.300 Scope.
requires the following for the tanks
specified: This subpart prescribes minimum re-
(1) Normal/emergency relief venting quirements for the pressure testing of
installed on atmospheric pressure steel pipelines. However, this subpart
tanks built to API Specification 12F does not apply to the movement of pipe
must be in accordance with Section 4, under § 195.424.
and Appendices B and C, of API Speci- [Amdt. 195–51, 59 FR 29384, June 7, 1994]
fication 12F.
(2) Normal/emergency relief venting § 195.302 General requirements.
installed on atmospheric pressure (a) Except as otherwise provided in
tanks (such as those built to API this section and in § 195.305(b), no oper-
Standard 650 or its predecessor Stand- ator may operate a pipeline unless it
ard 12C) must be in accordance with has been pressure tested under this
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API Standard 2000. subpart without leakage. In addition,

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Pipeline and Hazardous Materials Safety Administration, DOT § 195.303

no operator may return to service a percent by mileage (length) of electric


segment of pipeline that has been re- resistance welded pipe manufactured
placed, relocated, or otherwise changed before 1970; and
until it has been pressure tested under (B) At least 50 percent of the mileage
this subpart without leakage. (length) of all other pipelines; and
(b) Except for pipelines converted (ii) Before December 7, 2003, pressure
under § 195.5, the following pipelines test the remainder of the pipeline mile-
may be operated without pressure test- age (length).
ing under this subpart:
[Amdt. 195–51, 59 FR 29384, June 7, 1994, as
(1) Any hazardous liquid pipeline
amended by Amdt. 195–53, 59 FR 35471, July
whose maximum operating pressure is 12, 1994; Amdt. 195–51B, 61 FR 43027, Aug. 20,
established under § 195.406(a)(5) that 1996; Amdt. 195–58, 62 FR 54592, Oct. 21, 1997;
is— Amdt. 195–63, 63 FR 37506, July 13, 1998;
(i) An interstate pipeline constructed Amdt. 195–65, 63 FR 59479, Nov. 4, 1998]
before January 8, 1971;
(ii) An interstate offshore gathering § 195.303 Risk-based alternative to
line constructed before August 1, 1977; pressure testing older hazardous
(iii) An intrastate pipeline con- liquid and carbon dioxide pipelines.
structed before October 21, 1985; or (a) An operator may elect to follow a
(iv) A low-stress pipeline constructed program for testing a pipeline on risk-
before August 11, 1994 that transports based criteria as an alternative to the
HVL. pressure testing in § 195.302(b)(1)(i)–(iii)
(2) Any carbon dioxide pipeline con- and § 195.302(b)(2)(i) of this subpart. Ap-
structed before July 12, 1991, that— pendix B provides guidance on how this
(i) Has its maximum operating pres- program will work. An operator elect-
sure established under § 195.406(a)(5); or ing such a program shall assign a risk
(ii) Is located in a rural area as part classification to each pipeline segment
of a production field distribution sys- according to the indicators described in
tem. paragraph (b) of this section as follows:
(3) Any low-stress pipeline con- (1) Risk Classification A if the loca-
structed before August 11, 1994 that tion indicator is ranked as low or me-
does not transport HVL. dium risk, the product and volume in-
(4) Those portions of older hazardous dicators are ranked as low risk, and
liquid and carbon dioxide pipelines for the probability of failure indicator is
which an operator has elected the risk- ranked as low risk;
based alternative under § 195.303 and (2) Risk Classification C if the loca-
which are not required to be tested tion indicator is ranked as high risk; or
based on the risk-based criteria. (3) Risk Classification B.
(c) Except for pipelines that trans- (b) An operator shall evaluate each
port HVL onshore, low-stress pipelines, pipeline segment in the program ac-
and pipelines covered under § 195.303, cording to the following indicators of
the following compliance deadlines risk:
apply to pipelines under paragraphs (1) The location indicator is—
(b)(1) and (b)(2)(i) of this section that (i) High risk if an area is non-rural or
have not been pressure tested under environmentally sensitive 1; or
this subpart: (ii) Medium risk; or
(1) Before December 7, 1998, for each
(iii) Low risk if an area is not high or
pipeline each operator shall—
medium risk.
(i) Plan and schedule testing accord-
(2) The product indicator is 1
ing to this paragraph; or
(ii) Establish the pipeline’s maximum (i) High risk if the product trans-
operating pressure under § 195.406(a)(5). ported is highly toxic or is both highly
(2) For pipelines scheduled for test- volatile and flammable;
ing, each operator shall— (ii) Medium risk if the product trans-
(i) Before December 7, 2000, pressure ported is flammable with a flashpoint
test— of less than 100° F, but not highly vola-
(A) Each pipeline identified by name, tile; or
symbol, or otherwise that existing
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records show contains more than 50 1 (See Appendix B, Table C).

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§ 195.304 49 CFR Ch. I (10–1–07 Edition)

(iii) Low risk if the product trans- process; and other factors pertinent to
ported is not high or medium risk. seam properties and quality.
(3) The volume indicator is— (e) Pressure testing done under this
(i) High risk if the line is at least 18 section must be conducted in accord-
inches in nominal diameter; ance with this subpart. Except for seg-
(ii) Medium risk if the line is at least ments in Risk Classification B which
10 inches, but less than 18 inches, in are not constructed with pre-1970 ERW
nominal diameter; or pipe, water must be the test medium.
(iii) Low risk if the line is not high or (f) An operator electing to follow a
medium risk. program under paragraph (a) must de-
(4) The probability of failure indi- velop plans that include the method of
cator is— testing and a schedule for the testing
(i) High risk if the segment has expe- by December 7, 1998. The compliance
rienced more than three failures in the deadlines for completion of testing are
last 10 years due to time-dependent de- as shown in the table below:
fects (e.g., corrosion, gouges, or prob-
lems developed during manufacture, § 195.303—TEST DEADLINES
construction or operation, etc.); or Pipeline Segment Risk classification Test deadline
(ii) Low risk if the segment has expe-
Pre-1970 Pipe sus- C or B ................... 12/7/2000
rienced three failures or less in the last ceptible to longi- A ........................... 12/7/2002
10 years due to time-dependent defects. tudinal seam fail-
(c) The program under paragraph (a) ures [defined in
of this section shall provide for pres- § 195.303(c) &
(d)].
sure testing for a segment constructed All Other Pipeline C ........................... 12/7/2002
of electric resistance-welded (ERW) Segments. B ........................... 12/7//2004
pipe and lapwelded pipe manufactured A ........................... Additional testing
not required
prior to 1970 susceptible to longitudinal
seam failures as determined through
(g) An operator must review the risk
paragraph (d) of this section. The tim-
classifications for those pipeline seg-
ing of such pressure test may be deter-
ments which have not yet been tested
mined based on risk classifications dis-
under paragraph (a) of this section or
cussed under paragraph (b) of this sec-
otherwise inspected under paragraph
tion. For other segments, the program
(c) of this section at intervals not to
may provide for use of a magnetic flux
exceed 15 months. If the risk classifica-
leakage or ultrasonic internal inspec-
tion of an untested or uninspected seg-
tion survey as an alternative to pres-
ment changes, an operator must take
sure testing and, in the case of such
appropriate action within two years, or
segments in Risk Classification A, may
establish the maximum operating pres-
provide for no additional measures
sure under § 195.406(a)(5).
under this subpart.
(h) An operator must maintain
(d) All pre-1970 ERW pipe and
records establishing compliance with
lapwelded pipe is deemed susceptible to
this section, including records
longitudinal seam failures unless an
verifying the risk classifications, the
engineering analysis shows otherwise.
plans and schedule for testing, the con-
In conducting an engineering analysis
duct of the testing, and the review of
an operator must consider the seam-re-
the risk classifications.
lated leak history of the pipe and pipe
(i) An operator may discontinue a
manufacturing information as avail-
program under this section only after
able, which may include the pipe
written notification to the Adminis-
steel’s mechanical properties, includ-
trator and approval, if needed, of a
ing fracture toughness; the manufac-
schedule for pressure testing.
turing process and controls related to
seam properties, including whether the [Amdt. 195–65, 63 FR 59480, Nov. 4, 1998]
ERW process was high-frequency or
low-frequency, whether the weld seam § 195.304 Test pressure.
was heat treated, whether the seam The test pressure for each pressure
was inspected, the test pressure and test conducted under this subpart must
duration during mill hydrotest; the be maintained throughout the part of
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Pipeline and Hazardous Materials Safety Administration, DOT § 195.307

continuous hours at a pressure equal to (4) Continuous communication is


125 percent, or more, of the maximum maintained along entire test section.
operating pressure and, in the case of a (c) Carbon dioxide pipelines may use
pipeline that is not visually inspected inert gas or carbon dioxide as the test
for leakage during the test, for at least medium if—
an additional 4 continuous hours at a (1) The entire pipeline section under
pressure equal to 110 percent, or more, test is outside of cities and other popu-
of the maximum operating pressure. lated areas;
(2) Each building within 300 feet (91
[Amdt. 195–51, 59 FR 29384, June 7, 1994. Re-
designated by Amdt. 195–65, 63 FR 59480, Nov. meters) of the test section is unoccu-
4, 1998] pied while the test pressure is equal to
or greater than a pressure that pro-
§ 195.305 Testing of components. duces a hoop stress of 50 percent of
(a) Each pressure test under § 195.302 specified minimum yield strength;
must test all pipe and attached fit- (3) The maximum hoop stress during
tings, including components, unless the test does not exceed 80 percent of
otherwise permitted by paragraph (b) specified minimum yield strength;
of this section. (4) Continuous communication is
maintained along entire test section;
(b) A component, other than pipe,
and
that is the only item being replaced or
(5) The pipe involved is new pipe hav-
added to the pipeline system need not
ing a longitudinal joint factor of 1.00.
be hydrostatically tested under para-
graph (a) of this section if the manu- (d) Air or inert gas may be used as
facturer certifies that either— the test medium in low-stress pipe-
lines.
(1) The component was
hydrostatically tested at the factory; [Amdt. 195–22, 46 FR 38360, July 27, 1991, as
or amended by Amdt. 195–45, 56 FR 26926, June
(2) The component was manufactured 12, 1991; Amdt. 195–51, 59 FR 29385, June 7,
1994; Amdt. 195–53, 59 FR 35471, July 12, 1994;
under a quality control system that en-
Amdt. 195–51A, 59 FR 41260, Aug. 11, 1994;
sures each component is at least equal Amdt. 195–63, 63 FR 37506, July 13, 1998]
in strength to a prototype that was
hydrostatically tested at the factory. § 195.307 Pressure testing above-
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
ground breakout tanks.
amended by Amdt. 195–51, 59 FR 29385, June (a) For aboveground breakout tanks
7, 1994; Amdt. 195–52, 59 FR 33397, June 28, built to API Specification 12F and first
1994. Redesignated by Amdt. 195–65, 63 FR placed in service after October 2, 2000,
59480, Nov. 4, 1998] pneumatic testing must be in accord-
ance with section 5.3 of API Specifica-
§ 195.306 Test medium.
tion 12F.
(a) Except as provided in paragraphs (b) For aboveground breakout tanks
(b), (c), and (d) of this section, water built to API Standard 620 and first
must be used as the test medium. placed in service after October 2, 2000,
(b) Except for offshore pipelines, liq- hydrostatic and pneumatic testing
uid petroleum that does not vaporize must be in accordance with section 7.18
rapidly may be used as the test me- of API Standard 620 (incorporated by
dium if— reference, see § 195.3).
(1) The entire pipeline section under (c) For aboveground breakout tanks
test is outside of cities and other popu- built to API Standard 650 and first
lated areas; placed in service after October 2, 2000,
(2) Each building within 300 feet (91 hydrostatic and pneumatic testing
meters) of the test section is unoccu- must be in accordance with section 5.3
pied while the test pressure is equal to of API Standard 650.
or greater than a pressure which pro- (d) For aboveground atmospheric
duces a hoop stress of 50 percent of pressure breakout tanks constructed of
specified minimum yield strength; carbon and low alloy steel, welded or
(3) The test section is kept under sur- riveted, and non-refrigerated and tanks
veillance by regular patrols during the built to API Standard 650 or its prede-
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test; and cessor Standard 12C that are returned

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§ 195.308 49 CFR Ch. I (10–1–07 Edition)

to service after October 2, 2000, the ne- Subpart F—Operation and


cessity for the hydrostatic testing of Maintenance
repair, alteration, and reconstruction
is covered in section 10.3 of API Stand- § 195.400 Scope.
ard 653.
(e) For aboveground breakout tanks This subpart prescribes minimum re-
built to API Standard 2510 and first quirements for operating and main-
placed in service after October 2, 2000, taining pipeline systems constructed
pressure testing must be in accordance with steel pipe.
with ASME Boiler and Pressure Vessel
Code, Section VIII, Division 1 or 2. § 195.401 General requirements.
(a) No operator may operate or main-
[Amdt. 195–66, 64 FR 15936, Apr. 2, 1999, as
amended by Amdt. 195–86, 71 FR 33410, June tain its pipeline systems at a level of
9, 2006] safety lower than that required by this
subpart and the procedures it is re-
§ 195.308 Testing of tie-ins. quired to establish under § 195.402(a) of
Pipe associated with tie-ins must be this subpart.
pressure tested, either with the section (b) Whenever an operator discovers
to be tied in or separately. any condition that could adversely af-
fect the safe operation of its pipeline
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
system, it shall correct it within a rea-
amended by 195–51, 59 FR 29385, June 7, 1994]
sonable time. However, if the condition
§ 195.310 Records. is of such a nature that it presents an
immediate hazard to persons or prop-
(a) A record must be made of each erty, the operator may not operate the
pressure test required by this subpart,
affected part of the system until it has
and the record of the latest test must
corrected the unsafe condition.
be retained as long as the facility test-
ed is in use. (c) Except as provided in § 195.5, no
(b) The record required by paragraph operator may operate any part of any
(a) of this section must include: of the following pipelines unless it was
(1) The pressure recording charts; designed and constructed as required
(2) Test instrument calibration data; by this part:
(3) The name of the operator, the (1) An interstate pipeline, other than
name of the person responsible for a low-stress pipeline, on which con-
making the test, and the name of the struction was begun after March 31,
test company used, if any; 1970, that transports hazardous liquid.
(4) The date and time of the test; (2) An interstate offshore gathering
(5) The minimum test pressure; line, other than a low-stress pipeline,
(6) The test medium; on which construction was begun after
(7) A description of the facility tested July 31, 1977, that transports hazardous
and the test apparatus; liquid.
(8) An explanation of any pressure (3) An intrastate pipeline, other than
discontinuities, including test failures, a low-stress pipeline, on which con-
that appear on the pressure recording struction was begun after October 20,
charts; 1985, that transports hazardous liquid.
(9) Where elevation differences in the (4) A pipeline on which construction
section under test exceed 100 feet (30 was begun after July 11, 1991, that
meters), a profile of the pipeline that transports carbon dioxide.
shows the elevation and test sites over (5) A low-stress pipeline on which
the entire length of the test section; construction was begun after August
and 10, 1994.
(10) Temperature of the test medium
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
or pipe during the test period.
amended by Amdt. 195–33, 50 FR 15899, Apr.
[Amdt. 195–34, 50 FR 34474, Aug. 26, 1985, as 23, 1985; Amdt. 195–33A, 50 FR 39008, Sept. 26,
amended by Amdt. 195–51, 59 FR 29385, June 1985; Amdt. 195–36, 51 FR 15008, Apr. 22, 1986;
7, 1994; Amdt. 195–63, 63 FR 37506, July 13, Amdt. 195–45, 56 FR 26926, June 12, 1991;
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1998; Amdt. 195–78, 68 FR 53528, Sept. 11, 2003] Amdt. 195–53, 59 FR 35471, July 12, 1994]

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Pipeline and Hazardous Materials Safety Administration, DOT § 195.402

§ 195.402 Procedural manual for oper- of this section and the possibility of re-
ations, maintenance, and emer- currence of accidents analyzed under
gencies. paragraph (c)(5) of this section.
(a) General. Each operator shall pre- (7) Starting up and shutting down
pare and follow for each pipeline sys- any part of the pipeline system in a
tem a manual of written procedures for manner designed to assure operation
conducting normal operations and within the limits prescribed by
maintenance activities and handling § 195.406, consider the hazardous liquid
abnormal operations and emergencies. or carbon dioxide in transportation,
This manual shall be reviewed at inter- variations in altitude along the pipe-
vals not exceeding 15 months, but at line, and pressure monitoring and con-
least once each calendar year, and ap- trol devices.
propriate changes made as necessary to (8) In the case of a pipeline that is
insure that the manual is effective. not equipped to fail safe, monitoring
This manual shall be prepared before from an attended location pipeline
initial operations of a pipeline system pressure during startup until steady
commence, and appropriate parts shall state pressure and flow conditions are
be kept at locations where operations reached and during shut-in to assure
and maintenance activities are con- operation within limits prescribed by
ducted. § 195.406.
(b) The Administrator or the State (9) In the case of facilities not
Agency that has submitted a current equipped to fail safe that are identified
certification under the pipeline safety under paragraph 195.402(c)(4) or that
laws (49 U.S.C. 60101 et seq.) with re- control receipt and delivery of the haz-
spect to the pipeline facility governed ardous liquid or carbon dioxide, detect-
by an operator’s plans and procedures ing abnormal operating conditions by
may, after notice and opportunity for monitoring pressure, temperature, flow
hearing as provided in 49 CFR 190.237 or or other appropriate operational data
the relevant State procedures, require and transmitting this data to an at-
the operator to amend its plans and tended location.
procedures as necessary to provide a (10) Abandoning pipeline facilities,
reasonable level of safety. including safe disconnection from an
(c) Maintenance and normal operations. operating pipeline system, purging of
The manual required by paragraph (a) combustibles, and sealing abandoned
of this section must include procedures facilities left in place to minimize safe-
for the following to provide safety dur- ty and environmental hazards. For
ing maintenance and normal oper- each abandoned offshore pipeline facil-
ations: ity or each abandoned onshore pipeline
(1) Making construction records, facility that crosses over, under or
maps, and operating history available through commercially navigable wa-
as necessary for safe operation and terways the last operator of that facil-
maintenance. ity must file a report upon abandon-
(2) Gathering of data needed for re- ment of that facility in accordance
porting accidents under subpart B of with § 195.59 of this part.
this part in a timely and effective man- (11) Minimizing the likelihood of ac-
ner. cidental ignition of vapors in areas
(3) Operating, maintaining, and re- near facilities identified under para-
pairing the pipeline system in accord- graph (c)(4) of this section where the
ance with each of the requirements of potential exists for the presence of
this subpart and subpart H of this part. flammable liquids or gases.
(4) Determining which pipeline facili- (12) Establishing and maintaining li-
ties are located in areas that would re- aison with fire, police, and other appro-
quire an immediate response by the op- priate public officials to learn the re-
erator to prevent hazards to the public sponsibility and resources of each gov-
if the facilities failed or malfunctioned. ernment organization that may re-
(5) Analyzing pipeline accidents to spond to a hazardous liquid or carbon
determine their causes. dioxide pipeline emergency and ac-
(6) Minimizing the potential for haz- quaint the officials with the operator’s
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ards identified under paragraph (c)(4) ability in responding to a hazardous

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§ 195.402 49 CFR Ch. I (10–1–07 Edition)

liquid or carbon dioxide pipeline emer- ator or notice to fire, police, or other
gency and means of communication. appropriate public officials and com-
(13) Periodically reviewing the work municating this information to appro-
done by operator personnel to deter- priate operator personnel for correc-
mine the effectiveness of the proce- tive action.
dures used in normal operation and (2) Prompt and effective response to a
maintenance and taking corrective ac- notice of each type emergency, includ-
tion where deficiencies are found. ing fire or explosion occurring near or
(14) Taking adequate precautions in directly involving a pipeline facility,
excavated trenches to protect per- accidental release of hazardous liquid
sonnel from the hazards of unsafe accu- or carbon dioxide from a pipeline facil-
mulations of vapor or gas, and making ity, operational failure causing a haz-
available when needed at the exca- ardous condition, and natural disaster
vation, emergency rescue equipment, affecting pipeline facilities.
including a breathing apparatus and, a (3) Having personnel, equipment, in-
rescue harness and line. struments, tools, and material avail-
(d) Abnormal operation. The manual able as needed at the scene of an emer-
required by paragraph (a) of this sec- gency.
tion must include procedures for the (4) Taking necessary action, such as
following to provide safety when oper- emergency shutdown or pressure reduc-
ating design limits have been exceeded:
tion, to minimize the volume of haz-
(1) Responding to, investigating, and
ardous liquid or carbon dioxide that is
correcting the cause of:
released from any section of a pipeline
(i) Unintended closure of valves or
system in the event of a failure.
shutdowns;
(ii) Increase or decrease in pressure (5) Control of released hazardous liq-
or flow rate outside normal operating uid or carbon dioxide at an accident
limits; scene to minimize the hazards, includ-
(iii) Loss of communications; ing possible intentional ignition in the
(iv) Operation of any safety device; cases of flammable highly volatile liq-
(v) Any other malfunction of a com- uid.
ponent, deviation from normal oper- (6) Minimization of public exposure
ation, or personnel error which could to injury and probability of accidental
cause a hazard to persons or property. ignition by assisting with evacuation
(2) Checking variations from normal of residents and assisting with halting
operation after abnormal operation has traffic on roads and railroads in the af-
ended at sufficient critical locations in fected area, or taking other appro-
the system to determine continued in- priate action.
tegrity and safe operation. (7) Notifying fire, police, and other
(3) Correcting variations from normal appropriate public officials of haz-
operation of pressure and flow equip- ardous liquid or carbon dioxide pipeline
ment and controls. emergencies and coordinating with
(4) Notifying responsible operator them preplanned and actual responses
personnel when notice of an abnormal during an emergency, including addi-
operation is received. tional precautions necessary for an
(5) Periodically reviewing the re- emergency involving a pipeline system
sponse of operator personnel to deter- transporting a highly volatile liquid.
mine the effectiveness of the proce- (8) In the case of failure of a pipeline
dures controlling abnormal operation system transporting a highly volatile
and taking corrective action where de- liquid, use of appropriate instruments
ficiencies are found. to assess the extent and coverage of
(e) Emergencies. The manual required the vapor cloud and determine the haz-
by paragraph (a) of this section must ardous areas.
include procedures for the following to (9) Providing for a post accident re-
provide safety when an emergency con- view of employee activities to deter-
dition occurs: mine whether the procedures were ef-
(1) Receiving, identifying, and fective in each emergency and taking
classifying notices of events which corrective action where deficiencies
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need immediate response by the oper- are found.

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Pipeline and Hazardous Materials Safety Administration, DOT § 195.404

(f) Safety-related condition reports. The (2) Make appropriate changes to the
manual required by paragraph (a) of emergency response training program
this section must include instructions as necessary to ensure that it is effec-
enabling personnel who perform oper- tive.
ation and maintenance activities to (c) Each operator shall require and
recognize conditions that potentially verify that its supervisors maintain a
may be safety-related conditions that thorough knowledge of that portion of
are subject to the reporting require- the emergency response procedures es-
ments of § 195.55. tablished under 195.402 for which they
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 are responsible to ensure compliance.
FR 32721, July 29, 1982, as amended by Amdt. [Amdt. 195–67, 64 FR 46866, Aug. 27, 1999, as
195–24, 47 FR 46852, Oct. 21, 1982; Amdt. 195–39, amended at Amdt. 195–78, 68 FR 53528, Sept.
53 FR 24951, July 1, 1988; Amdt. 195–45, 56 FR 11, 2003]
26926, June 12, 1991; Amdt. 195–46, 56 FR 31090,
July 9, 1991; Amdt. 195–49, 59 FR 6585, Feb. 11, § 195.404 Maps and records.
1994; Amdt. 195–55, 61 FR 18518, Apr. 26, 1996;
Amdt. 195–69, 65 FR 54444, Sept. 8, 2000; Amdt. (a) Each operator shall maintain cur-
195–173, 66 FR 67004, Dec. 27, 2001] rent maps and records of its pipeline
systems that include at least the fol-
§ 195.403 Emergency response train- lowing information:
ing. (1) Location and identification of the
(a) Each operator shall establish and following pipeline facilities:
conduct a continuing training program (i) Breakout tanks;
to instruct emergency response per- (ii) Pump stations;
sonnel to: (iii) Scraper and sphere facilities;
(1) Carry out the emergency proce- (iv) Pipeline valves;
dures established under 195.402 that re- (v) Facilities to which § 195.402(c)(9)
late to their assignments; applies;
(2) Know the characteristics and haz- (vi) Rights-of-way; and
ards of the hazardous liquids or carbon (vii) Safety devices to which § 195.428
dioxide transported, including, in case applies.
of flammable HVL, flammability of (2) All crossings of public roads, rail-
mixtures with air, odorless vapors, and roads, rivers, buried utilities, and for-
water reactions; eign pipelines.
(3) Recognize conditions that are (3) The maximum operating pressure
likely to cause emergencies, predict of each pipeline.
the consequences of facility malfunc- (4) The diameter, grade, type, and
tions or failures and hazardous liquids nominal wall thickness of all pipe.
or carbon dioxide spills, and take ap- (b) Each operator shall maintain for
propriate corrective action; at least 3 years daily operating records
(4) Take steps necessary to control that indicate—
any accidental release of hazardous liq- (1) The discharge pressure at each
uid or carbon dioxide and to minimize pump station; and
the potential for fire, explosion, tox- (2) Any emergency or abnormal oper-
icity, or environmental damage; and ation to which the procedures under
(5) Learn the potential causes, types, § 195.402 apply.
sizes, and consequences of fire and the (c) Each operator shall maintain the
appropriate use of portable fire extin- following records for the periods speci-
guishers and other on-site fire control fied:
equipment, involving, where feasible, a (1) The date, location, and descrip-
simulated pipeline emergency condi- tion of each repair made to pipe shall
tion. be maintained for the useful life of the
(b) At the intervals not exceeding 15 pipe.
months, but at least once each cal- (2) The date, location, and descrip-
endar year, each operator shall: tion of each repair made to parts of the
(1) Review with personnel their per- pipeline system other than pipe shall
formance in meeting the objectives of be maintained for at least 1 year.
the emergency response training pro- (3) A record of each inspection and
gram set forth in paragraph (a) of this test required by this subpart shall be
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§ 195.405 49 CFR Ch. I (10–1–07 Edition)

the next inspection or test is per- reduced by the appropriate factors in


formed, whichever is longer. §§ 195.106 (a) and (e); or
(ii) If the pipe is 12 3⁄4 inch (324 mm)
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
amended by Amdt. 195–34, 50 FR 34474, Aug.
or less outside diameter and is not
26, 1985; Amdt. 195–173, 66 FR 67004, Dec. 27, tested to yield under this paragraph,
2001] 200 p.s.i. (1379 kPa) gage.
(2) The design pressure of any other
§ 195.405 Protection against ignitions component of the pipeline.
and safe access/egress involving (3) Eighty percent of the test pres-
floating roofs. sure for any part of the pipeline which
(a) After October 2, 2000, protection has been pressure tested under subpart
provided against ignitions arising out E of this part.
of static electricity, lightning, and (4) Eighty percent of the factory test
stray currents during operation and pressure or of the prototype test pres-
maintenance activities involving sure for any individually installed
aboveground breakout tanks must be component which is excepted from
in accordance with API Recommended testing under § 195.305.
Practice 2003, unless the operator notes (5) For pipelines under §§ 195.302(b)(1)
in the procedural manual (§ 195.402(c)) and (b)(2)(i) that have not been pres-
why compliance with all or certain pro- sure tested under subpart E of this
visions of API Recommended Practice part, 80 percent of the test pressure or
2003 is not necessary for the safety of a highest operating pressure to which
particular breakout tank. the pipeline was subjected for 4 or more
(b) The hazards associated with ac- continuous hours that can be dem-
cess/egress onto floating roofs of in- onstrated by recording charts or logs
service aboveground breakout tanks to made at the time the test or operations
perform inspection, service, mainte- were conducted.
nance or repair activities (other than (b) No operator may permit the pres-
specified general considerations, speci- sure in a pipeline during surges or
fied routine tasks or entering tanks re- other variations from normal oper-
moved from service for cleaning) are ations to exceed 110 percent of the op-
addressed in API Publication 2026. erating pressure limit established
After October 2, 2000, the operator must under paragraph (a) of this section.
review and consider the potentially Each operator must provide adequate
hazardous conditions, safety practices controls and protective equipment to
and procedures in API Publication 2026 control the pressure within this limit.
for inclusion in the procedure manual [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
(§ 195.402(c)). amended by Amdt. 195–33, 50 FR 15899, Apr.
23, 1985; 50 FR 38660, Sept. 24, 1985; Amdt. 195–
[Amdt. 195–66, 64 FR 15936, Apr. 2, 1999]
51, 59 FR 29385, June 7, 1994; Amdt. 195–52, 59
FR 33397, June 28, 1994; Amdt. 195–63, 63 FR
§ 195.406 Maximum operating pres- 37506, July 13, 1998; Amdt. 195–65, 63 FR 59480,
sure. Nov. 4, 1998]
(a) Except for surge pressures and
other variations from normal oper- § 195.408 Communications.
ations, no operator may operate a pipe- (a) Each operator must have a com-
line at a pressure that exceeds any of munication system to provide for the
the following: transmission of information needed for
(1) The internal design pressure of the safe operation of its pipeline sys-
the pipe determined in accordance with tem.
§ 195.106. However, for steel pipe in pipe- (b) The communication system re-
lines being converted under § 195.5, if quired by paragraph (a) of this section
one or more factors of the design for- must, as a minimum, include means
mula (§ 195.106) are unknown, one of the for:
following pressures is to be used as de- (1) Monitoring operational data as re-
sign pressure: quired by § 195.402(c)(9);
(i) Eighty percent of the first test (2) Receiving notices from operator
pressure that produces yield under sec- personnel, the public, and public au-
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tion N5.0 of appendix N of ASME B31.8, thorities of abnormal or emergency

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Pipeline and Hazardous Materials Safety Administration, DOT § 195.413

conditions and sending this informa- above ground in areas that are acces-
tion to appropriate personnel or gov- sible to the public.
ernment agencies for corrective action; [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
(3) Conducting two-way vocal com- amended by Amdt. 195–27, 48 FR 25208, June
munication between a control center 6, 1983; Amdt. 195–54, 60 FR 14650, Mar. 20,
and the scene of abnormal operations 1995; Amdt. 195–63, 63 FR 37506, July 13, 1998]
and emergencies; and
(4) Providing communication with § 195.412 Inspection of rights-of-way
and crossings under navigable wa-
fire, police, and other appropriate pub- ters.
lic officials during emergency condi-
tions, including a natural disaster. (a) Each operator shall, at intervals
not exceeding 3 weeks, but at least 26
§ 195.410 Line markers. times each calendar year, inspect the
surface conditions on or adjacent to
(a) Except as provided in paragraph each pipeline right-of-way. Methods of
(b) of this section, each operator shall inspection include walking, driving,
place and maintain line markers over flying or other appropriate means of
each buried pipeline in accordance with traversing the right-of-way.
the following: (b) Except for offshore pipelines, each
(1) Markers must be located at each operator shall, at intervals not exceed-
public road crossing, at each railroad ing 5 years, inspect each crossing under
crossing, and in sufficient number a navigable waterway to determine the
along the remainder of each buried line condition of the crossing.
so that its location is accurately
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
known. amended by Amdt. 195–24, 47 FR 46852, Oct.
(2) The marker must state at least 21, 1982; Amdt. 195–52, 59 FR 33397, June 28,
the following on a background of 1994]
sharply contrasting color:
(i) The word ‘‘Warning,’’ ‘‘Caution,’’ § 195.413 Underwater inspection and
or ‘‘Danger’’ followed by the words reburial of pipelines in the Gulf of
Mexico and its inlets.
‘‘Petroleum (or the name of the haz-
ardous liquid transported) Pipeline’’, or (a) Except for gathering lines of 41⁄2
‘‘Carbon Dioxide Pipeline,’’ all of inches (114mm) nominal outside diame-
which, except for markers in heavily ter or smaller, each operator shall pre-
developed urban areas, must be in let- pare and follow a procedure to identify
ters at least 1 inch (25 millimeters) its pipelines in the Gulf of Mexico and
high with an approximate stroke of 1⁄4 its inlets in waters less than 15 feet (4.6
inch (6.4 millimeters). meters) deep as measured from mean
(ii) The name of the operator and a low water that are at risk of being an
telephone number (including area code) exposed underwater pipeline or a haz-
where the operator can be reached at ard to navigation. The procedures must
all times. be in effect August 10, 2005.
(b) Line markers are not required for (b) Each operator shall conduct ap-
propriate periodic underwater inspec-
buried pipelines located—
tions of its pipelines in the Gulf of
(1) Offshore or at crossings of or
Mexico and its inlets in waters less
under waterways and other bodies of
than 15 feet (4.6 meters) deep as meas-
water; or ured from mean low water based on the
(2) In heavily developed urban areas identified risk.
such as downtown business centers (c) If an operator discovers that its
where— pipeline is an exposed underwater pipe-
(i) The placement of markers is im- line or poses a hazard to navigation,
practical and would not serve the pur- the operator shall—
pose for which markers are intended; (1) Promptly, but not later than 24
and hours after discovery, notify the Na-
(ii) The local government maintains tional Response Center, telephone: 1–
current substructure records. 800–424–8802, of the location and, if
(c) Each operator shall provide line available, the geographic coordinates
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§§ 195.414–195.418 49 CFR Ch. I (10–1–07 Edition)

(2) Promptly, but not later than 7 pairing pipeline facilities, unless it is
days after discovery, mark the location designed and constructed as required
of the pipeline in accordance with 33 by this part.
CFR Part 64 at the ends of the pipeline
segment and at intervals of not over § 195.424 Pipe movement.
500 yards (457 meters) long, except that (a) No operator may move any line
a pipeline segment less than 200 yards pipe, unless the pressure in the line
(183 meters) long need only be marked section involved is reduced to not more
at the center; and than 50 percent of the maximum oper-
(3) Within 6 months after discovery, ating pressure.
or not later than November 1 of the fol- (b) No operator may move any pipe-
lowing year if the 6 month period is line containing highly volatile liquids
later than November 1 of the year of where materials in the line section in-
discovery, bury the pipeline so that the volved are joined by welding unless—
top of the pipe is 36 inches (914 milli- (1) Movement when the pipeline does
meters) below the underwater natural not contain highly volatile liquids is
bottom (as determined by recognized impractical;
and generally accepted practices) for (2) The procedures of the operator
normal excavation or 18 inches (457 under § 195.402 contain precautions to
millimeters) for rock excavation. protect the public against the hazard
(i) An operator may employ engi- in moving pipelines containing highly
neered alternatives to burial that meet volatile liquids, including the use of
or exceed the level of protection pro- warnings, where necessary, to evacuate
vided by burial. the area close to the pipeline; and
(ii) If an operator cannot obtain re- (3) The pressure in that line section
quired state or Federal permits in time is reduced to the lower of the fol-
to comply with this section, it must lowing:
notify OPS; specify whether the re- (i) Fifty percent or less of the max-
quired permit is State or Federal; and, imum operating pressure; or
justify the delay. (ii) The lowest practical level that
[Amdt. 195–82, 69 FR 48407, Aug. 10, 2004] will maintain the highly volatile liquid
in a liquid state with continuous flow,
§§ 195.414–195.418 [Reserved] but not less than 50 p.s.i. (345 kPa) gage
above the vapor pressure of the com-
§ 195.420 Valve maintenance. modity.
(a) Each operator shall maintain (c) No operator may move any pipe-
each valve that is necessary for the line containing highly volatile liquids
safe operation of its pipeline systems where materials in the line section in-
in good working order at all times. volved are not joined by welding un-
(b) Each operator shall, at intervals less—
not exceeding 71⁄2 months, but at least (1) The operator complies with para-
twice each calendar year, inspect each graphs (b) (1) and (2) of this section;
mainline valve to determine that it is and
functioning properly. (2) That line section is isolated to
(c) Each operator shall provide pro- prevent the flow of highly volatile liq-
tection for each valve from unauthor- uid.
ized operation and from vandalism. [Amdt. 195–22, 46 FR 38360, July 27, 1981; 46
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 FR 38922, July 30, 1981, as amended by Amdt.
FR 32721, July 29, 1982, as amended by Amdt. 195–63, 63 FR 37506, July 13, 1998]
195–24, 47 FR 46852, Oct. 21, 1982]
§ 195.426 Scraper and sphere facilities.
§ 195.422 Pipeline repairs. No operator may use a launcher or
(a) Each operator shall, in repairing receiver that is not equipped with a re-
its pipeline systems, insure that the re- lief device capable of safely relieving
pairs are made in a safe manner and pressure in the barrel before insertion
are made so as to prevent damage to or removal of scrapers or spheres. The
persons or property. operator must use a suitable device to
(b) No operator may use any pipe, indicate that pressure has been re-
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Pipeline and Hazardous Materials Safety Administration, DOT § 195.436

means to prevent insertion or removal § 195.430 Firefighting equipment.


of scrapers or spheres if pressure has Each operator shall maintain ade-
not been relieved in the barrel. quate firefighting equipment at each
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 pump station and breakout tank area.
FR 32721, July 29, 1982] The equipment must be—
(a) In proper operating condition at
§ 195.428 Overpressure safety devices all times;
and overfill protection systems. (b) Plainly marked so that its iden-
(a) Except as provided in paragraph tity as firefighting equipment is clear;
(b) of this section, each operator shall, and
at intervals not exceeding 15 months, (c) Located so that it is easily acces-
but at least once each calendar year, or sible during a fire.
in the case of pipelines used to carry
§ 195.432 Inspection of in-service
highly volatile liquids, at intervals not breakout tanks.
to exceed 71⁄2 months, but at least twice
each calendar year, inspect and test (a) Except for breakout tanks in-
each pressure limiting device, relief spected under paragraphs (b) and (c) of
valve, pressure regulator, or other item this section, each operator shall, at in-
of pressure control equipment to deter- tervals not exceeding 15 months, but at
mine that it is functioning properly, is least once each calendar year, inspect
in good mechanical condition, and is each in-service breakout tank.
adequate from the standpoint of capac- (b) Each operator shall inspect the
physical integrity of in-service atmos-
ity and reliability of operation for the
pheric and low-pressure steel above-
service in which it is used.
ground breakout tanks according to
(b) In the case of relief valves on section 4 of API Standard 653. However,
pressure breakout tanks containing if structural conditions prevent access
highly volatile liquids, each operator to the tank bottom, the bottom integ-
shall test each valve at intervals not rity may be assessed according to a
exceeding 5 years. plan included in the operations and
(c) Aboveground breakout tanks that maintenance manual under
are constructed or significantly altered § 195.402(c)(3).
according to API Standard 2510 after (c) Each operator shall inspect the
October 2, 2000, must have an overfill physical integrity of in-service steel
protection system installed according aboveground breakout tanks built to
to section 5.1.2 of API Standard 2510. API Standard 2510 according to section
Other aboveground breakout tanks 6 of API 510.
with 600 gallons (2271 liters) or more of (d) The intervals of inspection speci-
storage capacity that are constructed fied by documents referenced in para-
or significantly altered after October 2, graphs (b) and (c) of this section begin
2000, must have an overfill protection on May 3, 1999, or on the operator’s last
system installed according to API Rec- recorded date of the inspection, which-
ommended Practice 2350. However, op- ever is earlier.
erators need not comply with any part
of API Recommended Practice 2350 for [Amdt. 195–66, 64 FR 15936, Apr. 2, 1999]
a particular breakout tank if the oper-
§ 195.434 Signs.
ator notes in the manual required by
§ 195.402 why compliance with that part Each operator must maintain signs
is not necessary for safety of the tank. visible to the public around each pump-
(d) After October 2, 2000, the require- ing station and breakout tank area.
ments of paragraphs (a) and (b) of this Each sign must contain the name of
section for inspection and testing of the operator and a telephone number
pressure control equipment apply to (including area code) where the oper-
the inspection and testing of overfill ator can be reached at all times.
protection systems. [Amdt. 195–78, 68 FR 53528, Sept. 11, 2003]
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as § 195.436 Security of facilities.
amended by Amdt. 195–24, 47 FR 46852, Oct.
21, 1982; Amdt. 195–66, 64 FR 15936, Apr. 2, Each operator shall provide protec-
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1999] tion for each pumping station and

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§ 195.438 49 CFR Ch. I (10–1–07 Edition)

breakout tank area and other exposed (f) The program and the media used
facility (such as scraper traps) from must be as comprehensive as necessary
vandalism and unauthorized entry. to reach all areas in which the operator
transports hazardous liquid or carbon
§ 195.438 Smoking or open flames. dioxide.
Each operator shall prohibit smoking (g) The program must be conducted
and open flames in each pump station in English and in other languages com-
area and each breakout tank area monly understood by a significant
where there is a possibility of the leak- number and concentration of the non-
age of a flammable hazardous liquid or English speaking population in the op-
of the presence of flammable vapors. erator’s area.
(h) Operators in existence on June 20,
§ 195.440 Public awareness.
2005, must have completed their writ-
(a) Each pipeline operator must de- ten programs no later than June 20,
velop and implement a written con- 2006. Upon request, operators must sub-
tinuing public education program that mit their completed programs to
follows the guidance provided in the PHMSA or, in the case of an intrastate
American Petroleum Institute’s (API) pipeline facility operator, the appro-
Recommended Practice (RP) 1162 (in- priate State agency.
corporated by reference, see § 195.3).
(i) The operator’s program docu-
(b) The operator’s program must fol-
mentation and evaluation results must
low the general program recommenda-
be available for periodic review by ap-
tions of API RP 1162 and assess the
unique attributes and characteristics propriate regulatory agencies.
of the operator’s pipeline and facilities. [Amdt. 195–84, 70 FR 28843, May 19, 2005]
(c) The operator must follow the gen-
eral program recommendations, includ- § 195.442 Damage prevention program.
ing baseline and supplemental require- (a) Except as provided in paragraph
ments of API RP 1162, unless the oper- (d) of this section, each operator of a
ator provides justification in its pro-
buried pipeline must carry out, in ac-
gram or procedural manual as to why
cordance with this section, a written
compliance with all or certain provi-
program to prevent damage to that
sions of the recommended practice is
pipeline from excavation activities.
not practicable and not necessary for
For the purpose of this section, the
safety.
(d) The operator’s program must spe- term ‘‘excavation activities’’ includes
cifically include provisions to educate excavation, blasting, boring, tunneling,
the public, appropriate government or- backfilling, the removal of above-
ganizations, and persons engaged in ex- ground structures by either explosive
cavation related activities on: or mechanical means, and other
(1) Use of a one-call notification sys- earthmoving operations.
tem prior to excavation and other dam- (b) An operator may comply with any
age prevention activities; of the requirements of paragraph (c) of
(2) Possible hazards associated with this section through participation in a
unintended releases from a hazardous public service program, such as a one-
liquid or carbon dioxide pipeline facil- call system, but such participation
ity; does not relieve the operator of the re-
(3) Physical indications that such a sponsibility for compliance with this
release may have occurred; section. However, an operator must
(4) Steps that should be taken for perform the duties of paragraph (c)(3)
public safety in the event of a haz- of this section through participation in
ardous liquid or carbon dioxide pipeline a one-call system, if that one-call sys-
release; and tem is a qualified one-call system. In
(5) Procedures to report such an areas that are covered by more than
event. one qualified one-call system, an oper-
(e) The program must include activi- ator need only join one of the qualified
ties to advise affected municipalities, one-call systems if there is a central
school districts, businesses, and resi- telephone number for excavators to
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Pipeline and Hazardous Materials Safety Administration, DOT § 195.450

one-call systems in those areas com- son to believe could be damaged by ex-
municate with one another. An opera- cavation activities:
tor’s pipeline system must be covered (i) The inspection must be done as
by a qualified one-call system where frequently as necessary during and
there is one in place. For the purpose after the activities to verify the integ-
of this section, a one-call system is rity of the pipeline; and
considered a ‘‘qualified one-call sys- (ii) In the case of blasting, any in-
tem’’ if it meets the requirements of spection must include leakage surveys.
section (b)(1) or (b)(2) or this section. (d) A damage prevention program
(1) The state has adopted a one-call under this section is not required for
damage prevention program under the following pipelines:
§ 198.37 of this chapter; or (1) Pipelines located offshore.
(2) The one-call system: (2) Pipelines to which access is phys-
(i) Is operated in accordance with ically controlled by the operator.
§ 198.39 of this chapter; [Amdt. 195–54, 60 FR 14651, Mar. 20, 1995, as
(ii) Provides a pipeline operator an amended by Amdt. 195–60, 62 FR 61699, Nov.
opportunity similar to a voluntary par- 19, 1997]
ticipant to have a part in management § 195.444 CPM leak detection.
responsibilities; and
(iii) Assesses a participating pipeline Each computational pipeline moni-
operator a fee that is proportionate to toring (CPM) leak detection system in-
the costs of the one-call system’s cov- stalled on a hazardous liquid pipeline
erage of the operator’s pipeline. transporting liquid in single phase
(without gas in the liquid) must com-
(c) The damage prevention program
ply with API 1130 in operating, main-
required by paragraph (a) of this sec-
taining, testing, record keeping, and
tion must, at a minimum:
dispatcher training of the system.
(1) Include the identity, on a current
basis, of persons who normally engage [Amdt. 195–62, 63 FR 36376, July 6, 1998]
in excavation activities in the area in
which the pipeline is located. HIGH CONSEQUENCE AREAS
(2) Provides for notification of the § 195.450 Definitions.
public in the vicinity of the pipeline
and actual notification of persons iden- The following definitions apply to
tified in paragraph (c)(1) of this section this section and § 195.452:
of the following as often as needed to Emergency flow restricting device or
make them aware of the damage pre- EFRD means a check valve or remote
vention program: control valve as follows:
(1) Check valve means a valve that
(i) The program’s existence and pur-
permits fluid to flow freely in one di-
pose; and
rection and contains a mechanism to
(ii) How to learn the location of un- automatically prevent flow in the
derground pipelines before excavation other direction.
activities are begun. (2) Remote control valve or RCV means
(3) Provide a means of receiving and any valve that is operated from a loca-
recording notification of planned exca- tion remote from where the valve is in-
vation activities. stalled. The RCV is usually operated by
(4) If the operator has buried pipe- the supervisory control and data acqui-
lines in the area of excavation activity, sition (SCADA) system. The linkage
provide for actual notification of per- between the pipeline control center and
sons who give notice of their intent to the RCV may be by fiber optics, micro-
excavate of the type of temporary wave, telephone lines, or satellite.
marking to be provided and how to High consequence area means:
identify the markings. (1) A commercially navigable waterway,
(5) Provide for temporary marking of which means a waterway where a sub-
buried pipelines in the area of exca- stantial likelihood of commercial navi-
vation activity before, as far as prac- gation exists;
tical, the activity begins. (2) A high population area, which
(6) Provide as follows for inspection means an urbanized area, as defined
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of pipelines that an operator has rea- and delineated by the Census Bureau,

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§ 195.452 49 CFR Ch. I (10–1–07 Edition)

that contains 50,000 or more people and Pipeline Date


has a population density of at least
Category 3 ............................. 1 year after the date the
1,000 people per square mile; pipeline begins operation.
(3) An other populated area, which
means a place, as defined and delin- (2) Include in the program an identi-
eated by the Census Bureau, that con- fication of each pipeline or pipeline
tains a concentrated population, such segment in the first column of the fol-
as an incorporated or unincorporated lowing table not later than the date in
city, town, village, or other designated the second column:
residential or commercial area;
(4) An unusually sensitive area, as de- Pipeline Date
fined in § 195.6.
Category 1 ............................. December 31, 2001.
[Amdt. 195–70, 65 FR 75405, Dec. 1, 2000] Category 2 ............................. November 18, 2002.
Category 3 ............................. Date the pipeline begins op-
PIPELINE INTEGRITY MANAGEMENT eration.

§ 195.452 Pipeline integrity manage- (3) Include in the program a plan to


ment in high consequence areas. carry out baseline assessments of line
(a) Which pipelines are covered by this pipe as required by paragraph (c) of
section? This section applies to each this section.
hazardous liquid pipeline and carbon (4) Include in the program a frame-
dioxide pipeline that could affect a work that—
high consequence area, including any (i) Addresses each element of the in-
pipeline located in a high consequence tegrity management program under
area unless the operator effectively paragraph (f) of this section, including
demonstrates by risk assessment that continual integrity assessment and
the pipeline could not affect the area. evaluation under paragraph (j) of this
(Appendix C of this part provides guid- section; and
ance on determining if a pipeline could (ii) Initially indicates how decisions
affect a high consequence area.) Cov- will be made to implement each ele-
ered pipelines are categorized as fol- ment.
lows: (5) Implement and follow the pro-
(1) Category 1 includes pipelines ex- gram.
isting on May 29, 2001, that were owned (6) Follow recognized industry prac-
or operated by an operator who owned tices in carrying out this section, un-
or operated a total of 500 or more miles less—
of pipeline subject to this part.
(i) This section specifies otherwise;
(2) Category 2 includes pipelines ex-
or
isting on May 29, 2001, that were owned
or operated by an operator who owned (ii) The operator demonstrates that
or operated less than 500 miles of pipe- an alternative practice is supported by
line subject to this part. a reliable engineering evaluation and
(3) Category 3 includes pipelines con- provides an equivalent level of public
structed or converted after May 29, safety and environmental protection.
2001. (c) What must be in the baseline assess-
(b) What program and practices must ment plan? (1) An operator must include
operators use to manage pipeline integ- each of the following elements in its
rity? Each operator of a pipeline cov- written baseline assessment plan:
ered by this section must: (i) The methods selected to assess the
(1) Develop a written integrity man- integrity of the line pipe. An operator
agement program that addresses the must assess the integrity of the line
risks on each segment of pipeline in pipe by any of the following methods.
the first column of the following table The methods an operator selects to as-
not later than the date in the second sess low frequency electric resistance
column: welded pipe or lap welded pipe suscep-
tible to longitudinal seam failure must
Pipeline Date be capable of assessing seam integrity
Category 1 ............................. March 31, 2002. and of detecting corrosion and defor-
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Category 2 ............................. February 18, 2003. mation anomalies.

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Pipeline and Hazardous Materials Safety Administration, DOT § 195.452

(A) Internal inspection tool or tools simile number specified in paragraph


capable of detecting corrosion and de- (m) of this section.
formation anomalies including dents, (ii) A schedule for completing the in-
gouges and grooves; tegrity assessment;
(B) Pressure test conducted in ac- (iii) An explanation of the assess-
cordance with subpart E of this part; ment methods selected and evaluation
(C) External corrosion direct assess- of risk factors considered in estab-
ment in accordance with § 195.588; or lishing the assessment schedule.
(2) An operator must document, prior
(D) Other technology that the oper-
to implementing any changes to the
ator demonstrates can provide an
plan, any modification to the plan, and
equivalent understanding of the condi- reasons for the modification.
tion of the line pipe. An operator (d) When must operators complete base-
choosing this option must notify the line assessments? Operators must com-
Office of Pipeline Safety (OPS) 90 days plete baseline assessments as follows:
before conducting the assessment, by (1) Time periods. Complete assess-
sending a notice to the address or fac- ments before the following deadlines:
Then complete baseline assessments not And assess at least 50 percent of the line
If the pipeline is: later than the following date according to a pipe on an expedited basis, beginning with
schedule that prioritizes assessments: the highest risk pipe, not later than:

Category 1 ................................ March 31, 2008 ................................................ September 30, 2004.


Category 2 ................................ February 17, 2009 ........................................... August 16, 2005.
Category 3 ................................ Date the pipeline begins operation .................. Not applicable.

(2) Prior assessment. To satisfy the re- within five years from the date the
quirements of paragraph (c)(1)(i) of this area is identified.
section for pipelines in the first col- (ii) An operator must incorporate a
umn of the following table, operators new unusually sensitive area into its
may use integrity assessments con- baseline assessment plan within one
ducted after the date in the second col- year from the date the area is identi-
umn, if the integrity assessment meth- fied. An operator must complete the
od complies with this section. However, baseline assessment of any line pipe
if an operator uses this prior assess- that could affect the newly-identified
ment as its baseline assessment, the high consequence area within five
operator must reassess the line pipe ac- years from the date the area is identi-
cording to paragraph (j)(3) of this sec- fied.
tion. The table follows: (e) What are the risk factors for estab-
lishing an assessment schedule (for both
Pipeline Date the baseline and continual integrity as-
Category 1 ............................. January 1, 1996. sessments)? (1) An operator must estab-
Category 2 ............................. February 15, 1997. lish an integrity assessment schedule
that prioritizes pipeline segments for
(3) Newly-identified areas. (i) When in- assessment (see paragraphs (d)(1) and
formation is available from the infor- (j)(3) of this section). An operator must
mation analysis (see paragraph (g) of base the assessment schedule on all
this section), or from Census Bureau risk factors that reflect the risk condi-
maps, that the population density tions on the pipeline segment. The fac-
around a pipeline segment has changed tors an operator must consider include,
so as to fall within the definition in but are not limited to:
§ 195.450 of a high population area or (i) Results of the previous integrity
other populated area, the operator assessment, defect type and size that
must incorporate the area into its the assessment method can detect, and
baseline assessment plan as a high con- defect growth rate;
sequence area within one year from the (ii) Pipe size, material, manufac-
date the area is identified. An operator turing information, coating type and
must complete the baseline assessment condition, and seam type;
of any line pipe that could affect the (iii) Leak history, repair history and
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§ 195.452 49 CFR Ch. I (10–1–07 Edition)

(iv) Product transported; (g) What is an information analysis? In


(v) Operating stress level; periodically evaluating the integrity of
(vi) Existing or projected activities each pipeline segment (paragraph (j) of
in the area; this section), an operator must analyze
(vii) Local environmental factors all available information about the in-
that could affect the pipeline (e.g., tegrity of the entire pipeline and the
corrosivity of soil, subsidence, cli- consequences of a failure. This infor-
matic); mation includes:
(viii) geo-technical hazards; and (1) Information critical to deter-
(ix) Physical support of the segment mining the potential for, and pre-
such as by a cable suspension bridge. venting, damage due to excavation, in-
(2) Appendix C of this part provides cluding current and planned damage
further guidance on risk factors. prevention activities, and development
(f) What are the elements of an integrity or planned development along the pipe-
management program? An integrity line segment;
management program begins with the (2) Data gathered through the integ-
initial framework. An operator must rity assessment required under this
continually change the program to re- section;
flect operating experience, conclusions (3) Data gathered in conjunction with
drawn from results of the integrity as- other inspections, tests, surveillance
sessments, and other maintenance and
and patrols required by this Part, in-
surveillance data, and evaluation of
cluding, corrosion control monitoring
consequences of a failure on the high
and cathodic protection surveys; and
consequence area. An operator must in-
clude, at minimum, each of the fol- (4) Information about how a failure
lowing elements in its written integ- would affect the high consequence
rity management program: area, such as location of the water in-
(1) A process for identifying which take.
pipeline segments could affect a high (h) What actions must an operator take
consequence area; to address integrity issues?—(1) General
(2) A baseline assessment plan meet- requirements. An operator must take
ing the requirements of paragraph (c) prompt action to address all anomalous
of this section; conditions the operator discovers
(3) An analysis that integrates all through the integrity assessment or in-
available information about the integ- formation analysis. In addressing all
rity of the entire pipeline and the con- conditions, an operator must evaluate
sequences of a failure (see paragraph all anomalous conditions and reme-
(g) of this section); diate those that could reduce a pipe-
(4) Criteria for remedial actions to line’s integrity. An operator must be
address integrity issues raised by the able to demonstrate that the remedi-
assessment methods and information ation of the condition will ensure the
analysis (see paragraph (h) of this sec- condition is unlikely to pose a threat
tion); to the long-term integrity of the pipe-
(5) A continual process of assessment line. An operator must comply with
and evaluation to maintain a pipeline’s § 195.422 when making a repair.
integrity (see paragraph (j) of this sec- (i) Temporary pressure reduction. An
tion); operator must notify PHMSA, in ac-
(6) Identification of preventive and cordance with paragraph (m) of this
mitigative measures to protect the section, if the operator cannot meet
high consequence area (see paragraph the schedule for evaluation and reme-
(i) of this section); diation required under paragraph (h)(3)
(7) Methods to measure the program’s of this section and cannot provide safe-
effectiveness (see paragraph (k) of this ty through a temporary reduction in
section); operating pressure.
(8) A process for review of integrity (ii) Long-term pressure reduction. When
assessment results and information a pressure reduction exceeds 365 days,
analysis by a person qualified to evalu- the operator must notify PHMSA in ac-
ate the results and information (see cordance with paragraph (m) of this
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Pipeline and Hazardous Materials Safety Administration, DOT § 195.452

delay. An operator must also take fur- ments are incorporated by reference
ther remedial action to ensure the safe- and are available at the addresses list-
ty of the pipeline. ed in § 195.3.
(2) Discovery of condition. Discovery of (C) A dent located on the top of the
a condition occurs when an operator pipeline (above the 4 and 8 o’clock posi-
has adequate information about the tions) that has any indication of metal
condition to determine that the condi- loss, cracking or a stress riser.
tion presents a potential threat to the (D) A dent located on the top of the
integrity of the pipeline. An operator pipeline (above the 4 and 8 o’clock posi-
must promptly, but no later than 180 tions) with a depth greater than 6% of
days after an integrity assessment, ob- the nominal pipe diameter.
tain sufficient information about a
(E) An anomaly that in the judgment
condition to make that determination,
of the person designated by the oper-
unless the operator can demonstrate
ator to evaluate the assessment results
that the 180-day period is impracti-
requires immediate action.
cable.
(3) Schedule for evaluation and remedi- (ii) 60-day conditions. Except for con-
ation. An operator must complete re- ditions listed in paragraph (h)(4)(i) of
mediation of a condition according to a this section, an operator must schedule
schedule prioritizing the conditions for evaluation and remediation of the fol-
evaluation and remediation. If an oper- lowing conditions within 60 days of dis-
ator cannot meet the schedule for any covery of condition.
condition, the operator must explain (A) A dent located on the top of the
the reasons why it cannot meet the pipeline (above the 4 and 8 o’clock posi-
schedule and how the changed schedule tions) with a depth greater than 3% of
will not jeopardize public safety or en- the pipeline diameter (greater than
vironmental protection. 0.250 inches in depth for a pipeline di-
(4) Special requirements for scheduling ameter less than Nominal Pipe Size
remediation—(i) Immediate repair condi- (NPS) 12).
tions. An operator’s evaluation and re- (B) A dent located on the bottom of
mediation schedule must provide for the pipeline that has any indication of
immediate repair conditions. To main- metal loss, cracking or a stress riser.
tain safety, an operator must tempo- (iii) 180-day conditions. Except for
rarily reduce operating pressure or conditions listed in paragraph (h)(4)(i)
shut down the pipeline until the oper- or (ii) of this section, an operator must
ator completes the repair of these con- schedule evaluation and remediation of
ditions. An operator must calculate the the following within 180 days of dis-
temporary reduction in operating pres- covery of the condition:
sure using the formula in section 451.7 (A) A dent with a depth greater than
of ASME/ANSI B31.4 (incorportaed by 2% of the pipeline’s diameter (0.250
reference, see § 195.3). An operator must inches in depth for a pipeline diameter
treat the following conditions as im-
less than NPS 12) that affects pipe cur-
mediate repair conditions:
vature at a girth weld or a longitudinal
(A) Metal loss greater than 80% of
seam weld.
nominal wall regardless of dimensions.
(B) A calculation of the remaining (B) A dent located on the top of the
strength of the pipe shows a predicted pipeline (above 4 and 8 o’clock posi-
burst pressure less than the established tion) with a depth greater than 2% of
maximum operating pressure at the lo- the pipeline’s diameter (0.250 inches in
cation of the anomaly. Suitable re- depth for a pipeline diameter less than
maining strength calculation methods NPS 12).
include, but are not limited to, ASME/ (C) A dent located on the bottom of
ANSI B31G (‘‘Manual for Determining the pipeline with a depth greater than
the Remaining Strength of Corroded 6% of the pipeline’s diameter.
Pipelines’’ (1991) or AGA Pipeline Re- (D) A calculation of the remaining
search Committee Project PR–3–805 strength of the pipe shows an operating
(‘‘A Modified Criterion for Evaluating pressure that is less than the current
the Remaining Strength of Corroded established maximum operating pres-
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Pipe’’ (December 1989)). These docu- sure at the location of the anomaly.

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§ 195.452 49 CFR Ch. I (10–1–07 Edition)

Suitable remaining strength calcula- sure and detect leaks, providing addi-
tion methods include, but are not lim- tional training to personnel on re-
ited to, ASME/ANSI B31G (‘‘Manual for sponse procedures, conducting drills
Determining the Remaining Strength with local emergency responders and
of Corroded Pipelines’’ (1991)) or AGA adopting other management controls.
Pipeline Research Committee Project (2) Risk analysis criteria. In identi-
PR–3–805 (‘‘A Modified Criterion for fying the need for additional preven-
Evaluating the Remaining Strength of tive and mitigative measures, an oper-
Corroded Pipe’’ (December 1989)). These ator must evaluate the likelihood of a
documents are incorporated by ref- pipeline release occurring and how a
erence and are available at the address- release could affect the high con-
es listed in § 195.3. sequence area. This determination
(E) An area of general corrosion with must consider all relevant risk factors,
a predicted metal loss greater than 50% including, but not limited to:
of nominal wall. (i) Terrain surrounding the pipeline
(F) Predicted metal loss greater than segment, including drainage systems
50% of nominal wall that is located at such as small streams and other small-
a crossing of another pipeline, or is in er waterways that could act as a con-
an area with widespread circumferen- duit to the high consequence area;
tial corrosion, or is in an area that (ii) Elevation profile;
could affect a girth weld. (iii) Characteristics of the product
(G) A potential crack indication that transported;
when excavated is determined to be a (iv) Amount of product that could be
crack. released;
(H) Corrosion of or along a longitu- (v) Possibility of a spillage in a farm
dinal seam weld. field following the drain tile into a wa-
(I) A gouge or groove greater than terway;
12.5% of nominal wall. (vi) Ditches along side a roadway the
(iv) Other conditions. In addition to pipeline crosses;
the conditions listed in paragraphs (vii) Physical support of the pipeline
(h)(4)(i) through (iii) of this section, an segment such as by a cable suspension
operator must evaluate any condition bridge;
identified by an integrity assessment (viii) Exposure of the pipeline to op-
or information analysis that could im- erating pressure exceeding established
pair the integrity of the pipeline, and maximum operating pressure.
as appropriate, schedule the condition (3) Leak detection. An operator must
for remediation. Appendix C of this have a means to detect leaks on its
part contains guidance concerning pipeline system. An operator must
other conditions that an operator evaluate the capability of its leak de-
should evaluate. tection means and modify, as nec-
(i) What preventive and mitigative essary, to protect the high consequence
measures must an operator take to protect area. An operator’s evaluation must, at
the high consequence area?—(1) General least, consider, the following factors—
requirements. An operator must take length and size of the pipeline, type of
measures to prevent and mitigate the product carried, the pipeline’s prox-
consequences of a pipeline failure that imity to the high consequence area,
could affect a high consequence area. the swiftness of leak detection, loca-
These measures include conducting a tion of nearest response personnel, leak
risk analysis of the pipeline segment to history, and risk assessment results.
identify additional actions to enhance (4) Emergency Flow Restricting Devices
public safety or environmental protec- (EFRD). If an operator determines that
tion. Such actions may include, but are an EFRD is needed on a pipeline seg-
not limited to, implementing damage ment to protect a high consequence
prevention best practices, better moni- area in the event of a hazardous liquid
toring of cathodic protection where pipeline release, an operator must in-
corrosion is a concern, establishing stall the EFRD. In making this deter-
shorter inspection intervals, installing mination, an operator must, at least,
EFRDs on the pipeline segment, modi- consider the following factors—the
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Pipeline and Hazardous Materials Safety Administration, DOT § 195.452

shutdown capabilities, the type of com- toring technology, that provides an un-
modity carried, the rate of potential derstanding of the condition of the line
leakage, the volume that can be re- pipe equivalent to that which can be
leased, topography or pipeline profile, obtained from the assessment methods
the potential for ignition, proximity to allowed in paragraph (j)(5) of this sec-
power sources, location of nearest re- tion. An operator must notify OPS 270
sponse personnel, specific terrain be- days before the end of the five-year (or
tween the pipeline segment and the less) interval of the justification for a
high consequence area, and benefits ex- longer interval, and propose an alter-
pected by reducing the spill size. native interval. An operator must send
(j) What is a continual process of eval- the notice to the address specified in
uation and assessment to maintain a pipe- paragraph (m) of this section.
line’s integrity?—(1) General. After com- (ii) Unavailable technology. An oper-
pleting the baseline integrity assess- ator may require a longer assessment
ment, an operator must continue to as- period for a segment of line pipe (for
sess the line pipe at specified intervals example, because sophisticated inter-
and periodically evaluate the integrity nal inspection technology is not avail-
of each pipeline segment that could af- able). An operator must justify the rea-
fect a high consequence area. sons why it cannot comply with the re-
(2) Evaluation. An operator must con- quired assessment period and must also
duct a periodic evaluation as fre- demonstrate the actions it is taking to
quently as needed to assure pipeline in- evaluate the integrity of the pipeline
tegrity. An operator must base the fre- segment in the interim. An operator
quency of evaluation on risk factors must notify OPS 180 days before the
specific to its pipeline, including the end of the five-year (or less) interval
factors specified in paragraph (e) of that the operator may require a longer
this section. The evaluation must con- assessment interval, and provide an es-
sider the results of the baseline and timate of when the assessment can be
periodic integrity assessments, infor- completed. An operator must send a
mation analysis (paragraph (g) of this notice to the address specified in para-
section), and decisions about remedi- graph (m) of this section.
ation, and preventive and mitigative
(5) Assessment methods. An operator
actions (paragraphs (h) and (i) of this
must assess the integrity of the line
section).
pipe by any of the following methods.
(3) Assessment intervals. An operator
The methods an operator selects to as-
must establish five-year intervals, not
sess low frequency electric resistance
to exceed 68 months, for continually
welded pipe or lap welded pipe suscep-
assessing the line pipe’s integrity. An
tible to longitudinal seam failure must
operator must base the assessment in-
tervals on the risk the line pipe poses be capable of assessing seam integrity
to the high consequence area to deter- and of detecting corrosion and defor-
mine the priority for assessing the mation anomalies.
pipeline segments. An operator must (i) Internal inspection tool or tools
establish the assessment intervals capable of detecting corrosion and de-
based on the factors specified in para- formation anomalies including dents,
graph (e) of this section, the analysis of gouges and grooves;
the results from the last integrity as- (ii) Pressure test conducted in ac-
sessment, and the information analysis cordance with subpart E of this part;
required by paragraph (g) of this sec- (iii) External corrosion direct assess-
tion. ment in accordance with § 195.588; or
(4) Variance from the 5-year intervals in (iv) Other technology that the oper-
limited situations—(i) Engineering basis. ator demonstrates can provide an
An operator may be able to justify an equivalent understanding of the condi-
engineering basis for a longer assess- tion of the line pipe. An operator
ment interval on a segment of line choosing this option must notify OPS
pipe. The justification must be sup- 90 days before conducting the assess-
ported by a reliable engineering eval- ment, by sending a notice to the ad-
uation combined with the use of other dress or facsimile number specified in
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§ 195.501 49 CFR Ch. I (10–1–07 Edition)

(k) What methods to measure program fication of individuals performing cov-


effectiveness must be used? An operator’s ered tasks on a pipeline facility.
program must include methods to (b) For the purpose of this subpart, a
measure whether the program is effec- covered task is an activity, identified
tive in assessing and evaluating the in- by the operator, that:
tegrity of each pipeline segment and in (1) Is performed on a pipeline facility;
protecting the high consequence areas. (2) Is an operations or maintenance
See Appendix C of this part for guid- task;
ance on methods that can be used to (3) Is performed as a requirement of
evaluate a program’s effectiveness. this part; and
(l) What records must be kept? (1) An (4) Affects the operation or integrity
operator must maintain for review dur- of the pipeline.
ing an inspection:
(i) A written integrity management § 195.503 Definitions.
program in accordance with paragraph Abnormal operating condition means a
(b) of this section. condition identified by the operator
(ii) Documents to support the deci- that may indicate a malfunction of a
sions and analyses, including any component or deviation from normal
modifications, justifications, operations that may:
variances, deviations and determina- (a) Indicate a condition exceeding de-
tions made, and actions taken, to im- sign limits; or
plement and evaluate each element of (b) Result in a hazard(s) to persons,
the integrity management program property, or the environment.
listed in paragraph (f) of this section. Evaluation means a process, estab-
(2) See Appendix C of this part for ex- lished and documented by the operator,
amples of records an operator would be to determine an individual’s ability to
required to keep. perform a covered task by any of the
(m) Where does an operator send a noti- following:
fication? An operator must send any no- (a) Written examination;
tification required by this section to (b) Oral examination;
the Information Resources Manager, (c) Work performance history review;
Office of Pipeline Safety, Pipeline and (d) Observation during:
Hazardous Materials Safety Adminis- (1) performance on the job,
tration, U.S. Department of Transpor- (2) on the job training, or
tation, Room 7128, 400 Seventh Street (3) simulations;
SW., Washington, DC 20590, or to the (e) Other forms of assessment.
facsimile number (202) 366–7128. Qualified means that an individual
has been evaluated and can:
[Amdt. 195–70, 65 FR 75406, Dec. 1, 2000, as
(a) Perform assigned covered tasks
amended by Amdt. 195–74, 67 FR 1660, 1661,
Jan. 14, 2002; Amdt. 195–76, 67 FR 2143, Jan. and
16, 2002; 67 FR 46911, July 17, 2002; 70 FR 11140, (b) Recognize and react to abnormal
Mar. 8, 2005; Amdt. 195–85, 70 FR 61576, Oct. operating conditions.
25, 2005; Amdt. 195–87, 72 FR 39017, July 17,
[Amdt. 195–67, 64 FR 46866, Aug. 27, 1999, as
2007]
amended by Amdt. 195–72, 66 FR 43524, Aug.
EDITORIAL NOTE: By Amdt. 195–87, 72 FR 20, 2001]
39017, July 17, 2007, § 195.452 was amended by
revising paragraph (h)(4); however, the § 195.505 Qualification program.
amendment could not be incorporated due to
Each operator shall have and follow a
inaccurate amendatory instruction.
written qualification program. The
program shall include provisions to:
Subpart G—Qualification of (a) Identify covered tasks;
Pipeline Personnel (b) Ensure through evaluation that
individuals performing covered tasks
SOURCE: Amdt. 195–67, 64 FR 46866, Aug. 27, are qualified;
1999, unless otherwise noted. (c) Allow individuals that are not
qualified pursuant to this subpart to
§ 195.501 Scope. perform a covered task if directed and
(a) This subpart prescribes the min- observed by an individual that is quali-
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imum requirements for operator quali- fied;

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Pipeline and Hazardous Materials Safety Administration, DOT § 195.553

(d) Evaluate an individual if the oper- The program must be available for re-
ator has reason to believe that the in- view by the Administrator or by a
dividual’s performance of a covered state agency participating under 49
task contributed to an accident as de- U.S.C. Chapter 601 if the program is
fined in Part 195; under the authority of that state agen-
(e) Evaluate an individual if the oper- cy.
ator has reason to believe that the in- (b) Operators must complete the
dividual is no longer qualified to per- qualification of individuals performing
form a covered task; covered tasks by October 28, 2002.
(f) Communicate changes that affect (c) Work performance history review
covered tasks to individuals per- may be used as a sole evaluation meth-
forming those covered tasks; od for individuals who were performing
(g) Identify those covered tasks and a covered task prior to October 26, 1999.
the intervals at which evaluation of (d) After October 28, 2002, work per-
the individual’s qualifications is need- formance history may not be used as a
ed; sole evaluation method.
(h) After December 16, 2004, provide (e) After December 16, 2004, observa-
training, as appropriate, to ensure that tion of on-the-job performance may not
individuals performing covered tasks be used as the sole method of evalua-
have the necessary knowledge and tion.
skills to perform the tasks in a manner
that ensures the safe operation of pipe- [Amdt. 195–67, 64 FR 46866, Aug. 27, 1999, as
line facilities; and amended by Amdt. 195–72, 66 FR 43524, Aug.
(i) After December 16, 2004, notify the 20, 2001; Amdt. 195–84, 70 FR 10336, Mar. 3,
2005]
Administrator or a state agency par-
ticipating under 49 U.S.C. Chapter 601
if the operator significantly modifies Subpart H—Corrosion Control
the program after the Administrator or
state agency has verified that it com- SOURCE: Amdt. 195–73, 66 FR 67004, Dec. 27,
plies with this section. 2001, unless otherwise noted.
[Amdt. 195–67, 64 FR 46866, Aug. 27, 1999, as § 195.551 What do the regulations in
amended by Amdt. 195–84, 70 FR 10336, Mar. 3, this subpart cover?
2005]
This subpart prescribes minimum re-
§ 195.507 Recordkeeping. quirements for protecting steel pipe-
Each operator shall maintain records lines against corrosion.
that demonstrate compliance with this
subpart. § 195.553 What special definitions
apply to this subpart?
(a) Qualification records shall in-
clude: As used in this subpart—
(1) Identification of qualified indi- Active corrosion means continuing
vidual(s); corrosion which, unless controlled,
(2) Identification of the covered tasks could result in a condition that is det-
the individual is qualified to perform; rimental to public safety or the envi-
(3) Date(s) of current qualification; ronment.
and Buried means covered or in contact
(4) Qualification method(s). with soil.
(b) Records supporting an individ- Direct assessment means an integrity
ual’s current qualification shall be assessment method that utilizes a
maintained while the individual is per- process to evaluate certain threats
forming the covered task. Records of (i.e., external corrosion, internal corro-
prior qualification and records of indi- sion and stress corrosion cracking) to a
viduals no longer performing covered pipeline segment’s integrity. The proc-
tasks shall be retained for a period of ess includes the gathering and integra-
five years. tion of risk factor data, indirect exam-
ination or analysis to identify areas of
§ 195.509 General. suspected corrosion, direct examina-
(a) Operators must have a written tion of the pipeline in these areas, and
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§ 195.555 49 CFR Ch. I (10–1–07 Edition)

Electrical survey means a series of (b) Have sufficient adhesion to the


closely spaced pipe-to-soil readings metal surface to prevent under film
over a pipeline that are subsequently migration of moisture;
analyzed to identify locations where a (c) Be sufficiently ductile to resist
corrosive current is leaving the pipe- cracking;
line. (d) Have enough strength to resist
External corrosion direct assessment damage due to handling and soil stress;
(ECDA) means a four-step process that (e) Support any supplemental ca-
combines pre-assessment, indirect in- thodic protection; and
spection, direct examination, and post- (f) If the coating is an insulating
assessment to evaluate the threat of type, have low moisture absorption and
external corrosion to the integrity of a provide high electrical resistance.
pipeline.
Pipeline environment includes soil re- § 195.561 When must I inspect pipe
coating used for external corrosion
sistivity (high or low), soil moisture control?
(wet or dry), soil contaminants that
may promote corrosive activity, and (a) You must inspect all external pipe
other known conditions that could af- coating required by § 195.557 just prior
fect the probability of active corrosion. to lowering the pipe into the ditch or
You means operator. submerging the pipe.
(b) You must repair any coating dam-
[Amdt. 195–73, 66 FR 67004, Dec. 27, 2001, as age discovered.
amended by Amdt. 195–85, 70 FR 61576, Oct.
25, 2005] § 195.563 Which pipelines must have
cathodic protection?
§ 195.555 What are the qualifications
for supervisors? (a) Each buried or submerged pipe-
line that is constructed, relocated, re-
You must require and verify that su- placed, or otherwise changed after the
pervisors maintain a thorough knowl- applicable date in § 195.401(c) must have
edge of that portion of the corrosion cathodic protection. The cathodic pro-
control procedures established under tection must be in operation not later
§ 195.402(c)(3) for which they are respon- than 1 year after the pipeline is con-
sible for insuring compliance. structed, relocated, replaced, or other-
wise changed, as applicable.
§ 195.557 Which pipelines must have
coating for external corrosion con- (b) Each buried or submerged pipe-
trol? line converted under § 195.5 must have
cathodic protection if the pipeline—
Except bottoms of aboveground (1) Has cathodic protection that sub-
breakout tanks, each buried or sub- stantially meets § 195.571 before the
merged pipeline must have an external pipeline is placed in service; or
coating for external corrosion control (2) Is a segment that is relocated, re-
if the pipeline is— placed, or substantially altered.
(a) Constructed, relocated, replaced, (c) All other buried or submerged
or otherwise changed after the applica- pipelines that have an effective exter-
ble date in § 195.401(c), not including nal coating must have cathodic protec-
the movement of pipe covered by tion.1 Except as provided by paragraph
§ 195.424; or (d) of this section, this requirement
(b) Converted under § 195.5 and— does not apply to breakout tanks and
(1) Has an external coating that sub- does not apply to buried piping in
stantially meets § 195.559 before the breakout tank areas and pumping sta-
pipeline is placed in service; or tions until December 29, 2003.
(2) Is a segment that is relocated, re- (d) Bare pipelines, breakout tank
placed, or substantially altered. areas, and buried pumping station pip-
ing must have cathodic protection in
§ 195.559 What coating material may I
use for external corrosion control?
1 A pipeline does not have an effective ex-
Coating material for external corro- ternal coating material if the current re-
sion control under § 195.557 must— quired to cathodically protect the pipeline is
(a) Be designed to mitigate corrosion substantially the same as if the pipeline
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Pipeline and Hazardous Materials Safety Administration, DOT § 195.573

places where regulations in effect be- (4) For leads installed in conduits,
fore January 28, 2002 required cathodic suitably insulate the lead from the
protection as a result of electrical in- conduit.
spections. See previous editions of this (5) At the connection to the pipeline,
part in 49 CFR, parts 186 to 199. coat each bared test lead wire and
(e) Unprotected pipe must have ca- bared metallic area with an electrical
thodic protection if required by insulating material compatible with
§ 195.573(b). the pipe coating and the insulation on
the wire.
§ 195.565 How do I install cathodic (c) Maintenance. You must maintain
protection on breakout tanks? the test lead wires in a condition that
enables you to obtain electrical meas-
After October 2, 2000, when you in- urements to determine whether ca-
stall cathodic protection under thodic protection complies with
§ 195.563(a) to protect the bottom of an § 195.571.
aboveground breakout tank of more
than 500 barrels (79.5m3) capacity built § 195.569 Do I have to examine ex-
to API Specification 12F, API Standard posed portions of buried pipelines?
620, or API Standard 650 (or its prede- Whenever you have knowledge that
cessor Standard 12C), you must install any portion of a buried pipeline is ex-
the system in accordance with API posed, you must examine the exposed
Recommended Practice 651. However, portion for evidence of external corro-
installation of the system need not sion if the pipe is bare, or if the coating
comply with API Recommended Prac- is deteriorated. If you find external
tice 651 on any tank for which you note corrosion requiring corrective action
in the corrosion control procedures es- under § 195.585, you must investigate
tablished under § 195.402(c)(3) why com- circumferentially and longitudinally
pliance with all or certain provisions of beyond the exposed portion (by visual
API Recommended Practice 651 is not examination, indirect method, or both)
necessary for the safety of the tank. to determine whether additional corro-
sion requiring remedial action exists in
§ 195.567 Which pipelines must have the vicinity of the exposed portion.
test leads and what must I do to in-
stall and maintain the leads? § 195.571 What criteria must I use to
determine the adequacy of cathodic
(a) General. Except for offshore pipe- protection?
lines, each buried or submerged pipe- Cathodic protection required by this
line or segment of pipeline under ca- subpart must comply with one or more
thodic protection required by this sub- of the applicable criteria and other
part must have electrical test leads for considerations for cathodic protection
external corrosion control. However, contained in paragraphs 6.2 and 6.3 of
this requirement does not apply until NACE Standard RP 0169 (incorporated
December 27, 2004 to pipelines or pipe- by reference, see § 195.3).
line segments on which test leads were
not required by regulations in effect [Amdt. 195–86, 71 FR 33411, June 9, 2006]
before January 28, 2002. § 195.573 What must I do to monitor
(b) Installation. You must install test external corrosion control?
leads as follows:
(a) Protected pipelines. You must do
(1) Locate the leads at intervals fre- the following to determine whether ca-
quent enough to obtain electrical thodic protection required by this sub-
measurements indicating the adequacy part complies with § 195.571:
of cathodic protection. (1) Conduct tests on the protected
(2) Provide enough looping or slack pipeline at least once each calendar
so backfilling will not unduly stress or year, but with intervals not exceeding
break the lead and the lead will other- 15 months. However, if tests at those
wise remain mechanically secure and intervals are impractical for separately
electrically conductive. protected short sections of bare or inef-
(3) Prevent lead attachments from fectively coated pipelines, testing may
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§ 195.575 49 CFR Ch. I (10–1–07 Edition)

years, but with intervals not exceeding the system are in accordance with API
39 months. Recommended Practice 651. However,
(2) Identify not more than 2 years this inspection is not required if you
after cathodic protection is installed, note in the corrosion control proce-
the circumstances in which a close-in- dures established under § 195.402(c)(3)
terval survey or comparable tech- why compliance with all or certain op-
nology is practicable and necessary to eration and maintenance provisions of
accomplish the objectives of paragraph API Recommended Practice 651 is not
10.1.1.3 of NACE Standard RP 0169 (in- necessary for the safety of the tank.
corporated by reference, see § 195.3). (e) Corrective action. You must correct
(b) Unprotected pipe. You must re- any identified deficiency in corrosion
evaluate your unprotected buried or control as required by § 195.401(b). How-
submerged pipe and cathodically pro- ever, if the deficiency involves a pipe-
tect the pipe in areas in which active line in an integrity management pro-
corrosion is found, as follows: gram under § 195.452, you must correct
(1) Determine the areas of active cor- the deficiency as required by
rosion by electrical survey, or where an § 195.452(h).
electrical survey is impractical, by
other means that include review and [Amdt. 195–73, 66 FR 67004, Dec. 27, 2001; 67 FR
70118, Nov. 20, 2002, as amended by Amdt. 195–
analysis of leak repair and inspection
86, 71 FR 33411, June 9, 2006]
records, corrosion monitoring records,
exposed pipe inspection records, and § 195.575 Which facilities must I elec-
the pipeline environment. trically isolate and what inspec-
(2) For the period in the first column, tions, tests, and safeguards are re-
the second column prescribes the fre- quired?
quency of evaluation. (a) You must electrically isolate each
Period Evaluation frequency buried or submerged pipeline from
other metallic structures, unless you
Before December 29, 2003 ... At least once every 5 cal- electrically interconnect and cathodi-
endar years, but with inter-
vals not exceeding 63 cally protect the pipeline and the other
months. structures as a single unit.
Beginning December 29, At least once every 3 cal- (b) You must install one or more in-
2003. endar years, but with inter-
vals not exceeding 39 sulating devices where electrical isola-
months. tion of a portion of a pipeline is nec-
essary to facilitate the application of
(c) Rectifiers and other devices. You corrosion control.
must electrically check for proper per- (c) You must inspect and electrically
formance each device in the first col- test each electrical isolation to assure
umn at the frequency stated in the sec- the isolation is adequate.
ond column. (d) If you install an insulating device
in an area where a combustible atmos-
Device Check frequency
phere is reasonable to foresee, you
Rectifier .................................. At least six times each cal- must take precautions to prevent arc-
endar year, but with inter- ing.
vals not exceeding 21⁄2
months. (e) If a pipeline is in close proximity
Reverse current switch. to electrical transmission tower foot-
Diode. ings, ground cables, or counterpoise, or
Interference bond whose fail-
ure would jeopardize struc- in other areas where it is reasonable to
tural protection. foresee fault currents or an unusual
risk of lightning, you must protect the
Other interference bond ........ At least once each calendar
year, but with intervals not
pipeline against damage from fault
exceeding 15 months. currents or lightning and take protec-
tive measures at insulating devices.
(d) Breakout tanks. You must inspect
each cathodic protection system used § 195.577 What must I do to alleviate
to control corrosion on the bottom of interference currents?
an aboveground breakout tank to en- (a) For pipelines exposed to stray
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Pipeline and Hazardous Materials Safety Administration, DOT § 195.583

identify, test for, and minimize the or certain provisions of API Rec-
detrimental effects of such currents. ommended Practice 652 is not nec-
(b) You must design and install each essary for the safety of the tank.
impressed current or galvanic anode
system to minimize any adverse effects § 195.581 Which pipelines must I pro-
on existing adjacent metallic struc- tect against atmospheric corrosion
tures. and what coating material may I
use?
§ 195.579 What must I do to mitigate (a) You must clean and coat each
internal corrosion?
pipeline or portion of pipeline that is
(a) General. If you transport any haz- exposed to the atmosphere, except
ardous liquid or carbon dioxide that pipelines under paragraph (c) of this
would corrode the pipeline, you must section.
investigate the corrosive effect of the (b) Coating material must be suitable
hazardous liquid or carbon dioxide on
for the prevention of atmospheric cor-
the pipeline and take adequate steps to
rosion.
mitigate internal corrosion.
(b) Inhibitors. If you use corrosion in- (c) Except portions of pipelines in off-
hibitors to mitigate internal corrosion, shore splash zones or soil-to-air inter-
you must— faces, you need not protect against at-
(1) Use inhibitors in sufficient quan- mospheric corrosion any pipeline for
tity to protect the entire part of the which you demonstrate by test, inves-
pipeline system that the inhibitors are tigation, or experience appropriate to
designed to protect; the environment of the pipeline that
(2) Use coupons or other monitoring corrosion will—
equipment to determine the effective- (1) Only be a light surface oxide; or
ness of the inhibitors in mitigating in- (2) Not affect the safe operation of
ternal corrosion; and the pipeline before the next scheduled
(3) Examine the coupons or other inspection.
monitoring equipment at least twice
each calendar year, but with intervals § 195.583 What must I do to monitor at-
not exceeding 71⁄2 months. mospheric corrosion control?
(c) Removing pipe. Whenever you re- (a) You must inspect each pipeline or
move pipe from a pipeline, you must
portion of pipeline that is exposed to
inspect the internal surface of the pipe
the atmosphere for evidence of atmos-
for evidence of corrosion. If you find in-
ternal corrosion requiring corrective pheric corrosion, as follows:
action under § 195.585, you must inves- If the pipeline is Then the frequency of in-
tigate circumferentially and longitu- located: spection is:
dinally beyond the removed pipe (by Onshore ................................. At least once every 3 cal-
visual examination, indirect method, endar years, but with inter-
or both) to determine whether addi- vals not exceeding 39
tional corrosion requiring remedial ac- months.
Offshore ................................. At least once each calendar
tion exists in the vicinity of the re- year, but with intervals not
moved pipe. exceeding 15 months.
(d) Breakout tanks. After October 2,
2000, when you install a tank bottom (b) During inspections you must give
lining in an aboveground breakout particular attention to pipe at soil-to-
tank built to API Specification 12F, air interfaces, under thermal insula-
API Standard 620, or API Standard 650 tion, under disbonded coatings, at pipe
(or its predecessor Standard 12C), you supports, in splash zones, at deck pene-
must install the lining in accordance trations, and in spans over water.
with API Recommended Practice 652.
(c) If you find atmospheric corrosion
However, installation of the lining
need not comply with API Rec- during an inspection, you must provide
ommended Practice 652 on any tank for protection against the corrosion as re-
which you note in the corrosion con- quired by § 195.581.
trol procedures established under
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§ 195.585 49 CFR Ch. I (10–1–07 Edition)

§ 195.585 What must I do to correct used separately from the direct assess-
corroded pipe? ment process.
(a) General corrosion. If you find pipe (b) The requirements for performing
so generally corroded that the remain- external corrosion direct assessment
ing wall thickness is less than that re- are as follows:
quired for the maximum operating (1) General. You must follow the re-
pressure of the pipeline, you must re- quirements of NACE Standard RP0502–
place the pipe. However, you need not 2002 (incorporated by reference, see
replace the pipe if you— § 195.3). Also, you must develop and im-
(1) Reduce the maximum operating plement an ECDA plan that includes
pressure commensurate with the procedures addressing pre-assessment,
strength of the pipe needed for service- indirect examination, direct examina-
ability based on actual remaining wall tion, and post-assessment.
thickness; or (2) Pre-assessment. In addition to the
(2) Repair the pipe by a method that requirements in Section 3 of NACE
reliable engineering tests and analyses Standard RP0502–2002, the ECDA plan
show can permanently restore the serv- procedures for pre-assessment must in-
iceability of the pipe. clude—
(i) Provisions for applying more re-
(b) Localized corrosion pitting. If you
strictive criteria when conducting
find pipe that has localized corrosion
ECDA for the first time on a pipeline
pitting to a degree that leakage might
segment;
result, you must replace or repair the
pipe, unless you reduce the maximum (ii) The basis on which you select at
operating pressure commensurate with least two different, but complemen-
the strength of the pipe based on ac- tary, indirect assessment tools to as-
tual remaining wall thickness in the sess each ECDA region; and
pits. (iii) If you utilize an indirect inspec-
tion method not described in Appendix
§ 195.587 What methods are available A of NACE Standard RP0502–2002, you
to determine the strength of cor- must demonstrate the applicability,
roded pipe? validation basis, equipment used, ap-
Under § 195.585, you may use the pro- plication procedure, and utilization of
cedure in ASME B31G, ‘‘Manual for De- data for the inspection method.
termining the Remaining Strength of (3) Indirect examination. In addition to
Corroded Pipelines,’’ or the procedure the requirements in Section 4 of NACE
developed by AGA/Battelle, ‘‘A Modi- Standard RP0502–2002, the procedures
fied Criterion for Evaluating the Re- for indirect examination of the ECDA
maining Strength of Corroded Pipe regions must include—
(with RSTRENG disk),’’ to determine (i) Provisions for applying more re-
the strength of corroded pipe based on strictive criteria when conducting
actual remaining wall thickness. These ECDA for the first time on a pipeline
procedures apply to corroded regions segment;
that do not penetrate the pipe wall, (ii) Criteria for identifying and docu-
subject to the limitations set out in menting those indications that must be
the respective procedures. considered for excavation and direct
examination, including at least the fol-
§ 195.588 What standards apply to di- lowing:
rect assessment? (A) The known sensitivities of assess-
(a) If you use direct assessment on an ment tools;
onshore pipeline to evaluate the effects (B) The procedures for using each
of external corrosion, you must follow tool; and
the requirements of this section for (C) The approach to be used for de-
performing external corrosion direct creasing the physical spacing of indi-
assessment. This section does not rect assessment tool readings when the
apply to methods associated with di- presence of a defect is suspected;
rect assessment, such as close interval (iii) For each indication identified
surveys, voltage gradient surveys, or during the indirect examination, cri-
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examination of exposed pipelines, when teria for—

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Pipeline and Hazardous Materials Safety Administration, DOT Pt. 195, App. A

(A) Defining the urgency of exca- (see appendix D of NACE Standard


vation and direct examination of the RP0502–2002).
indication; and [Amdt. 195–85, 70 FR 61576, Oct. 25, 2005]
(B) Defining the excavation urgency
as immediate, scheduled, or monitored; § 195.589 What corrosion control infor-
and mation do I have to maintain?
(iv) Criteria for scheduling exca- (a) You must maintain current
vations of indications in each urgency records or maps to show the location
level. of—
(4) Direct examination. In addition to (1) Cathodically protected pipelines;
the requirements in Section 5 of NACE (2) Cathodic protection facilities, in-
Standard RP0502–2002, the procedures cluding galvanic anodes, installed after
for direct examination of indications January 28, 2002; and
from the indirect examination must in- (3) Neighboring structures bonded to
clude— cathodic protection systems.
(i) Provisions for applying more re- (b) Records or maps showing a stated
strictive criteria when conducting number of anodes, installed in a stated
ECDA for the first time on a pipeline manner or spacing, need not show spe-
segment; cific distances to each buried anode.
(ii) Criteria for deciding what action (c) You must maintain a record of
should be taken if either: each analysis, check, demonstration,
(A) Corrosion defects are discovered examination, inspection, investigation,
that exceed allowable limits (Section review, survey, and test required by
5.5.2.2 of NACE Standard RP0502–2002 this subpart in sufficient detail to dem-
provides guidance for criteria); or onstrate the adequacy of corrosion con-
(B) Root cause analysis reveals con- trol measures or that corrosion requir-
ditions for which ECDA is not suitable ing control measures does not exist.
(Section 5.6.2 of NACE Standard You must retain these records for at
RP0502–2002 provides guidance for cri- least 5 years, except that records re-
teria); lated to §§ 195.569, 195.573(a) and (b), and
(iii) Criteria and notification proce- 195.579(b)(3) and (c) must be retained
dures for any changes in the ECDA for as long as the pipeline remains in
plan, including changes that affect the service.
severity classification, the priority of
direct examination, and the time frame APPENDIX A TO PART 195—DELINEATION
for direct examination of indications; BETWEEN FEDERAL AND STATE JU-
and RISDICTION—STATEMENT OF AGENCY
(iv) Criteria that describe how and on POLICY AND INTERPRETATION
what basis you will reclassify and re- In 1979, Congress enacted comprehensive
prioritize any of the provisions speci- safety legislation governing the transpor-
fied in Section 5.9 of NACE Standard tation of hazardous liquids by pipeline, the
RP0502–2002. Hazardous Liquids Pipeline Safety Act of
(5) Post assessment and continuing 1979, 49 U.S.C. 2001 et seq. (HLPSA). The
evaluation. In addition to the require- HLPSA expanded the existing statutory au-
ments in Section 6 of NACE Standard thority for safety regulation, which was lim-
UP 0502–2002, the procedures for post ited to transportation by common carriers in
interstate and foreign commerce, to trans-
assessment of the effectiveness of the
portation through facilities used in or affect-
ECDA process must include— ing interstate or foreign commerce. It also
(i) Measures for evaluating the long- added civil penalty, compliance order, and
term effectiveness of ECDA in address- injunctive enforcement authorities to the
ing external corrosion in pipeline seg- existing criminal sanctions. Modeled largely
ments; and on the Natural Gas Pipeline Safety Act of
(ii) Criteria for evaluating whether 1968, 49 U.S.C. 1671 et seq. (NGPSA), the
conditions discovered by direct exam- HLPSA provides for a national hazardous
liquid pipeline safety program with nation-
ination of indications in each ECDA re-
ally uniform minimal standards and with en-
gion indicate a need for reassessment forcement administered through a Federal-
of the pipeline segment at an interval State partnership. The HLPSA leaves to ex-
less than that specified in Sections 6.2 clusive Federal regulation and enforcement
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and 6.3 of NACE Standard RP0502–2002 the ‘‘interstate pipeline facilities,’’ those

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Pt. 195, App. A 49 CFR Ch. I (10–1–07 Edition)
used for the pipeline transportation of haz- line operators of tariffs (or concurrences) for
ardous liquids in interstate or foreign com- movement of liquids through existing facili-
merce. For the remainder of the pipeline fa- ties. Although FERC does police the filings
cilities, denominated ‘‘intrastate pipeline fa- for such matters as compliance with the gen-
cilities,’’ the HLPSA provides that the same eral duties of common carriers, the question
Federal regulation and enforcement will of jurisdiction is normally only aired upon
apply unless a State certifies that it will as- complaint. While any person, including
sume those responsibilities. A certified State State or Federal agencies, can avail them-
must adopt the same minimal standards but selves of the FERC forum by use of the com-
may adopt additional more stringent stand- plaint process, that process has only been
ards so long as they are compatible. There- rarely used to review jurisdictional matters
fore, in States which participate in the haz- (probably because of the infrequency of real
ardous liquid pipeline safety program disputes on the issue). Where the issue has
through certification, it is necessary to dis- arisen, the reviewing body has noted the
tinguish the interstate from the intrastate need to examine various criteria primarily of
pipeline facilities. an economic nature. DOT believes that, in
In deciding that an administratively prac- most cases, the formal FERC forum can bet-
tical approach was necessary in distin- ter receive and evaluate the type of informa-
guishing between interstate and intrastate tion that is needed to make decisions of this
liquid pipeline facilities and in determining nature than can DOT.
how best to accomplish this, DOT has logi- In delineating which liquid pipeline facili-
cally examined the approach used in the ties are interstate pipeline facilities within
NGPSA. The NGPSA defines the interstate the meaning of the HLPSA, DOT will gen-
gas pipeline facilities subject to exclusive erally rely on the FERC filings; that is, if
Federal jurisdiction as those subject to the there is a tariff or concurrence filed with
economic regulatory jurisdiction of the Fed- FERC governing the transportation of haz-
eral Energy Regulatory Commission (FERC). ardous liquids over a pipeline facility or if
Experience has proven this approach prac- there has been an exemption from the obliga-
tical. Unlike the NGPSA however, the tion to file tariffs obtained from FERC, then
HLPSA has no specific reference to FERC ju-
DOT will, as a general rule, consider the fa-
risdiction, but instead defines interstate liq-
cility to be an interstate pipeline facility
uid pipeline facilities by the more commonly
within the meaning of the HLPSA. The types
used means of specifying the end points of
of situations in which DOT will ignore the
the transportation involved. For example,
existence or non-existence of a filing with
the economic regulatory jurisdiction of
FERC will be limited to those cases in which
FERC over the transportation of both gas
it appears obvious that a complaint filed
and liquids by pipeline is defined in much the
with FERC would be successful or in which
same way. In implementing the HLPSA DOT
blind reliance on a FERC filing would result
has sought a practicable means of distin-
guishing between interstate and intrastate in a situation clearly not intended by the
pipeline facilities that provide the requisite HLPSA such as a pipeline facility not being
degree of certainty to Federal and State en- subject to either State or Federal safety reg-
forcement personnel and to the regulated en- ulation. DOT anticipates that the situations
tities. DOT intends that this statement of in which there is any question about the va-
agency policy and interpretation provide lidity of the FERC filings as a ready ref-
that certainty. erence will be few and that the actual vari-
In 1981, DOT decided that the inventory of ations from reliance on those filings will be
liquid pipeline facilities identified as subject rare. The following examples indicate the
to the jurisdiction of FERC approximates types of facilities which DOT believes are
the HLPSA category of ‘‘interstate pipeline interstate pipeline facilities subject to the
facilities.’’ Administrative use of the FERC HLPSA despite the lack of a filing with
inventory has the added benefit of avoiding FERC and the types of facilities over which
the creation of a separate Federal scheme for DOT will generally defer to the jurisdiction
determination of jurisdiction over the same of a certifying state despite the existence of
regulated entities. DOT recognizes that the a filing with FERC.
FERC inventory is only an approximation Example 1. Pipeline company P operates a
and may not be totally satisfactory without pipeline from ‘‘Point A’’ located in State X
some modification. The difficulties stem to ‘‘Point B’’ (also in X). The physical facili-
from some significant differences in the eco- ties never cross a state line and do not con-
nomic regulation of liquid and of natural gas nect with any other pipeline which does
pipelines. There is an affirmative assertion cross a state line. Pipeline company P also
of jurisdiction by FERC over natural gas operates another pipeline between ‘‘Point C’’
pipelines through the issuance of certificates in State X and ‘‘Point D’’ in an adjoining
of public convenience and necessity prior to State Y. Pipeline company P files a tariff
commencing operations. With liquid pipe- with FERC for transportation from ‘‘Point
lines, there is only a rebuttable presumption A’’ to ‘‘Point B’’ as well as for transpor-
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of jurisdiction created by the filing by pipe- tation from ‘‘Point C’’ to ‘‘Point D.’’ DOT

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Pipeline and Hazardous Materials Safety Administration, DOT Pt. 195, App. B
will ignore filing for the line from ‘‘Point A’’ tinue to consider that pipeline to be an
to ‘‘Point B’’ and consider the line to be interstate pipeline facility.
intrastate. As seen from the examples, the types of
Example 2. Same as in example 1 except situations in which DOT will not defer to the
that P does not file any tariffs with FERC. FERC regulatory scheme are generally clear-
DOT will assume jurisdiction of the line be- cut cases. For the remainder of the situa-
tween ‘‘Point C’’ and ‘‘Point D.’’ tions where variation from the FERC scheme
Example 3. Same as in example 1 except would require DOT to replicate the forum al-
that P files its tariff for the line between ready provided by FERC and to consider eco-
‘‘Point C’’ and ‘‘Point D’’ not only with nomic factors better left to that agency,
FERC but also with State X. DOT will rely DOT will decline to vary its reliance on the
on the FERC filing as indication of inter- FERC filings unless, of course, not doing so
state commerce. would result in situations clearly not in-
Example 4. Same as in example 1 except
tended by the HLPSA.
that the pipeline from ‘‘Point A’’ to ‘‘Point
B’’ (in State X) connects with a pipeline op- [Amdt. 195–33, 50 FR 15899, Apr. 23, 1985]
erated by another company transports liquid
between ‘‘Point B’’ (in State X) and ‘‘Point APPENDIX B TO PART 195—RISK-BASED
D’’ (in State Y). DOT will rely on the FERC ALTERNATIVE TO PRESSURE TESTING
filing as indication of interstate commerce. OLDER HAZARDOUS LIQUID AND CAR-
Example 5. Same as in example 1 except BON DIOXIDE PIPELINES
that the line between ‘‘Point C’’ and ‘‘Point
D’’ has a lateral line connected to it. The RISK-BASED ALTERNATIVE
lateral is located entirely with State X. DOT
will rely on the existence or non-existence of This Appendix provides guidance on how a
a FERC filing covering transportation over risk-based alternative to pressure testing
that lateral as determinative of interstate older hazardous liquid and carbon dioxide
commerce. pipelines rule allowed by § 195.303 will work.
Example 6. Same as in example 1 except This risk-based alternative establishes test
that the certified agency in State X has priorities for older pipelines, not previously
brought an enforcement action (under the pressure tested, based on the inherent risk of
pipeline safety laws) against P because of its a given pipeline segment. The first step is to
operation of the line between ‘‘Point A’’ and determine the classification based on the
‘‘Point B’’. P has successfully defended type of pipe or on the pipeline segment’s
against the action on jurisdictional grounds. proximity to populated or environmentally
DOT will assume jurisdiction if necessary to sensitive area. Secondly, the classifications
avoid the anomaly of a pipeline subject to must be adjusted based on the pipeline fail-
neither State or Federal safety enforcement. ure history, product transported, and the re-
DOT’s assertion of jurisdiction in such a case lease volume potential.
would be based on the gap in the state’s en- Tables 2–6 give definitions of risk classi-
forcement authority rather than a DOT deci- fication A, B, and C facilities. For the pur-
sion that the pipeline is an interstate pipe- poses of this rule, pipeline segments con-
line facility. taining high risk electric resistance-welded
Example 7. Pipeline Company P operates a pipe (ERW pipe) and lapwelded pipe manufac-
pipeline that originates on the Outer Conti- tured prior to 1970 and considered a risk clas-
nental Shelf. P does not file any tariff for sification C or B facility shall be treated as
that line with FERC. DOT will consider the the top priority for testing because of the
pipeline to be an interstate pipeline facility. higher risk associated with the suscepti-
Example 8. Pipeline Company P is con- bility of this pipe to longitudinal seam fail-
structing a pipeline from ‘‘Point C’’ (in State ures.
X) to ‘‘Point D’’ (in State Y). DOT will con- In all cases, operators shall annually, at
sider the pipeline to be an interstate pipeline intervals not to exceed 15 months, review
facility. their facilities to reassess the classification
Example 9. Pipeline company P is con- and shall take appropriate action within two
structing a pipeline from ‘‘Point C’’ to years or operate the pipeline system at a
‘‘Point E’’ (both in State X) but intends to lower pressure. Pipeline failures, changes in
file tariffs with FERC in the transportation the characteristics of the pipeline route, or
of hazardous liquid in interstate commerce. changes in service should all trigger a reas-
Assuming there is some connection to an sessment of the originally classification.
interstate pipeline facility, DOT will con- Table 1 explains different levels of test re-
sider this line to be an interstate pipeline fa- quirements depending on the inherent risk of
cility. a given pipeline segment. The overall risk
Example 10. Pipeline Company P has oper- classification is determined based on the
ated a pipeline subject to FERC economic type of pipe involved, the facility’s location,
regulation. Solely because of some statutory the product transported, the relative volume
economic deregulation, that pipeline is no of flow and pipeline failure history as deter-
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longer regulated by FERC. DOT will con- mined from Tables 2–6.

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Pt. 195, App. B 49 CFR Ch. I (10–1–07 Edition)

TABLE 1. TEST REQUIREMENTS—MAINLINE SEGMENTS OUTSIDE OF TERMINALS, STATIONS, AND TANK


FARMS
Pipeline segment Risk classification Test deadline 1 Test medium

Pre-1970 Pipeline Segments susceptible to longitu- C or B 12/7/2000 3 ............................... Water only.


dinal seam failures 2. A 12/7/2002 3 ............................... Water only.
All Other Pipeline Segments ......................................... C 12/7/2002 4 ............................... Water only.
B 12/7/2004 4 ............................... Water/Liq.5
A Additional pressure testing not
required.
1 If operational experience indicates a history of past failures for a particular pipeline segment, failure causes (time-dependent
defects due to corrosion, construction, manufacture, or transmission problems, etc.) shall be reviewed in determining risk classi-
fication (See Table 6) and the timing of the pressure test should be accelerated.
2 All pre-1970 ERW pipeline segments may not require testing. In determining which ERW pipeline segments should be in-
cluded in this category, an operator must consider the seam-related leak history of the pipe and pipe manufacturing information
as available, which may include the pipe steel’s mechanical properties, including fracture toughness; the manufacturing process
and controls related to seam properties, including whether the ERW process was high-frequency or low-frequency, whether the
weld seam was heat treated, whether the seam was inspected, the test pressure and duration during mill hydrotest; the quality
control of the steel-making process; and other factors pertinent to seam properties and quality.
3 For those pipeline operators with extensive mileage of pre-1970 ERW pipe, any waiver requests for timing relief should be
supported by an assessment of hazards in accordance with location, product, volume, and probability of failure considerations
consistent with Tables 3, 4, 5, and 6.
4 A magnetic flux leakage or ultrasonic internal inspection survey may be utilized as an alternative to pressure testing where
leak history and operating experience do not indicate leaks caused by longitudinal cracks or seam failures.
5 Pressure tests utilizing a hydrocarbon liquid may be conducted, but only with a liquid which does not vaporize rapidly.

Using LOCATION, PRODUCT, VOLUME, factor which determines overall risk, with
and FAILURE HISTORY ‘‘Indicators’’ from the PRODUCT, VOLUME, and PROB-
Tables 3, 4, 5, and 6 respectively, the overall ABILITY OF FAILURE Indicators used to
risk classification of a given pipeline or pipe- adjust to a higher or lower overall risk clas-
line segment can be established from Table sification per the following table.
2. The LOCATION Indicator is the primary
TABLE 2—RISK CLASSIFICATION
Risk classification Hazard location indicator Product/volume indicator Probability of failure indicator

A .............................................. L or M .................................... L/L .......................................... L.


B .............................................. Not A or C Risk Classification
C .............................................. H ............................................ Any ........................................ Any.
H=High M=Moderate L=Low.
NOTE: For Location, Product, Volume, and Probability of Failure Indicators, see Tables 3, 4, 5, and 6.

Table 3 is used to establish the LOCATION ciated with a pipeline facility’s location, a
Indicator used in Table 2. Based on the popu- LOCATION Indicator of H, M or L is se-
lation and environment characteristics asso- lected.
TABLE 3—LOCATION INDICATORS—PIPELINE SEGMENTS
Indicator Population 1 Environment 2

H ...................................................... Non-rural areas ............................................. Environmentally sensitive 2 areas.


M ........................................................................
L ....................................................... Rural areas .................................................... Not environmentally sensitive 2 areas.
1 The effects of potential vapor migration should be considered for pipeline segments transporting highly volatile or toxic prod-
ucts.
2 We expect operators to use their best judgment in applying this factor.

Tables 4, 5 and 6 are used to establish the product transported. The VOLUME Indicator
PRODUCT, VOLUME, and PROBABILITY is selected from Table 5 as H, M, or L based
OF FAILURE Indicators respectively, in on the nominal diameter of the pipeline. The
Table 2. The PRODUCT Indicator is selected Probability of Failure Indicator is selected
from Table 4 as H, M, or L based on the acute from Table 6.
and chronic hazards associated with the
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Pipeline and Hazardous Materials Safety Administration, DOT Pt. 195, App. C

TABLE 4—PRODUCT INDICATORS


Indicator Considerations Product examples

H ................................................................ (Highly volatile and flammable) ............... (Propane, butane, Natural Gas Liquid
(NGL), ammonia)
Highly toxic .............................................. (Benzene, high Hydrogen Sulfide con-
tent crude oils).
M ................................................................ Flammable—flashpoint <100F ................ (Gasoline, JP4, low flashpoint crude
oils).
L ................................................................. Non-flammable—flashpoint 100+F .......... (Diesel, fuel oil, kerosene, JP5, most
crude oils).
Highly volatile and non-flammable/non- Carbon Dioxide.
toxic.

Considerations: The degree of acute and (1) Information an operator may use to
chronic toxicity to humans, wildlife, and identify a high consequence area and factors
aquatic life; reactivity; and, volatility, flam- an operator can use to consider the potential
mability, and water solubility determine the impacts of a release on an area;
Product Indicator. Comprehensive Environ- (2) Risk factors an operator can use to de-
mental Response, Compensation and Liabil- termine an integrity assessment schedule;
ity Act Reportable Quantity values can be (3) Safety risk indicator tables for leak
used as an indication of chronic toxicity. Na- history, volume or line size, age of pipeline,
tional Fire Protection Association health and product transported, an operator may
factors can be used for rating acute hazards. use to determine if a pipeline segment falls
into a high, medium or low risk category;
TABLE 5—VOLUME INDICATORS (4) Types of internal inspection tools an
operator could use to find pipeline anoma-
Indicator Line size lies;
H .................. ≥18″.
(5) Measures an operator could use to
M ................. 10″–16″ nominal diameters. measure an integrity management program’s
L .................. ≤8″ nominal diameter. performance; and
(6) Types of records an operator will have
H=High M=Moderate L=Low. to maintain.
Table 6 is used to establish the PROB- (7) Types of conditions that an integrity
ABILITY OF FAILURE Indicator used in assessment may identify that an operator
Table 2. The ‘‘Probability of Failure’’ Indi- should include in its required schedule for
cator is selected from Table 6 as H or L. evaluation and remediation.
I. Identifying a high consequence area and
TABLE 6—PROBABILITY OF FAILURE INDICATORS factors for considering a pipeline segment’s
[in each haz. location] potential impact on a high consequence area.
A. The rule defines a High Consequence
Indicator Failure history (time-dependent defects) 2 Area as a high population area, an other pop-
ulated area, an unusually sensitive area, or a
H 1 ................ >Three spills in last 10 years. commercially navigable waterway. The Of-
L .................. ≤Three spills in last 10 years. fice of Pipeline Safety (OPS) will map these
H=High L=Low. areas on the National Pipeline Mapping Sys-
1 Pipeline segments with greater than three product spills in
tem (NPMS). An operator, member of the
the last 10 years should be reviewed for failure causes as de-
scribed in subnote 2. The pipeline operator should make an public, or other government agency may
appropriate investigation and reach a decision based on view and download the data from the NPMS
sound engineering judgment, and be able to demonstrate the home page http://www.npms.rspa.dot.gov. OPS
basis of the decision.
2 Time-Dependent Defects are defects that result in spills will maintain the NPMS and update it peri-
due to corrosion, gouges, or problems developed during man- odically. However, it is an operator’s respon-
ufacture, construction or operation, etc. sibility to ensure that it has identified all
high consequence areas that could be af-
[Amdt. 195–65, 63 FR 59480, Nov. 4, 1998; 64 FR fected by a pipeline segment. An operator is
6815, Feb. 11, 1999] also responsible for periodically evaluating
its pipeline segments to look for population
APPENDIX C TO PART 195—GUIDANCE FOR or environmental changes that may have oc-
IMPLEMENTATION OF AN INTEGRITY curred around the pipeline and to keep its
MANAGEMENT PROGRAM program current with this information.
(Refer to § 195.452(d)(3).) For more informa-
This Appendix gives guidance to help an tion to help in identifying high consequence
operator implement the requirements of the areas, an operator may refer to:
integrity management program rule in (1) Digital Data on populated areas avail-
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§§ 195.450 and 195.452. Guidance is provided on: able on U.S. Census Bureau maps.

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Pt. 195, App. C 49 CFR Ch. I (10–1–07 Edition)
(2) Geographic Database on the commer- (9) The diameter of the pipeline, the poten-
cial navigable waterways available on http:// tial release volume, and the distance be-
www.bts.gov/gis/ntatlas/networks.html. tween the isolation points.
(3) The Bureau of Transportation Statis- (10) Potential physical pathways between
tics database that includes commercially the pipeline and the high consequence area.
navigable waterways and non-commercially (11) Response capability (time to respond,
navigable waterways. The database can be nature of response).
downloaded from the BTS website at http:// (12) Potential natural forces inherent in
www.bts.gov/gis/ntatlas/networks.html. the area (flood zones, earthquakes, subsid-
B. The rule requires an operator to include ence areas, etc.)
a process in its program for identifying II. Risk factors for establishing frequency
which pipeline segments could affect a high of assessment.
consequence area and to take measures to A. By assigning weights or values to the
prevent and mitigate the consequences of a risk factors, and using the risk indicator ta-
pipeline failure that could affect a high con- bles, an operator can determine the priority
sequence area. (See §§ 195.452 (f) and (i).) for assessing pipeline segments, beginning
Thus, an operator will need to consider how with those segments that are of highest risk,
each pipeline segment could affect a high that have not previously been assessed. This
consequence area. The primary source for list provides some guidance on some of the
the listed risk factors is a US DOT study on risk factors to consider (see § 195.452(e)). An
instrumented Internal Inspection devices operator should also develop factors specific
(November 1992). Other sources include the to each pipeline segment it is assessing, in-
National Transportation Safety Board, the cluding:
Environmental Protection Agency and the (1) Populated areas, unusually sensitive en-
Technical Hazardous Liquid Pipeline Safety vironmental areas, National Fish Hatcheries,
Standards Committee. The following list commercially navigable waters, areas where
provides guidance to an operator on both the people congregate.
mandatory and additional factors: (2) Results from previous testing/inspec-
(1) Terrain surrounding the pipeline. An tion. (See § 195.452(h).)
operator should consider the contour of the (3) Leak History. (See leak history risk
land profile and if it could allow the liquid table.)
from a release to enter a high consequence (4) Known corrosion or condition of pipe-
area. An operator can get this information line. (See § 195.452(g).)
from topographical maps such as U.S. Geo- (5) Cathodic protection history.
logical Survey quadrangle maps. (6) Type and quality of pipe coating
(2) Drainage systems such as small streams (disbonded coating results in corrosion).
and other smaller waterways that could (7) Age of pipe (older pipe shows more cor-
serve as a conduit to a high consequence rosion—may be uncoated or have an ineffec-
area. tive coating) and type of pipe seam. (See Age
(3) Crossing of farm tile fields. An operator of Pipe risk table.)
should consider the possibility of a spillage (8) Product transported (highly volatile,
in the field following the drain tile into a highly flammable and toxic liquids present a
waterway. greater threat for both people and the envi-
(4) Crossing of roadways with ditches along ronment) (see Product transported risk
the side. The ditches could carry a spillage table.)
to a waterway. (9) Pipe wall thickness (thicker walls give
(5) The nature and characteristics of the a better safety margin)
product the pipeline is transporting (refined (10) Size of pipe (higher volume release if
products, crude oils, highly volatile liquids, the pipe ruptures).
etc.) Highly volatile liquids becomes gaseous (11) Location related to potential ground
when exposed to the atmosphere. A spillage movement (e.g., seismic faults, rock quar-
could create a vapor cloud that could settle ries, and coal mines); climatic (permafrost
into the lower elevation of the ground pro- causes settlement—Alaska); geologic (land-
file. slides or subsidence).
(6) Physical support of the pipeline seg- (12) Security of throughput (effects on cus-
ment such as by a cable suspension bridge. tomers if there is failure requiring shut-
An operator should look for stress indicators down).
on the pipeline (strained supports, inad- (13) Time since the last internal inspection/
equate support at towers), atmospheric cor- pressure testing.
rosion, vandalism, and other obvious signs of (14) With respect to previously discovered
improper maintenance. defects/anomalies, the type, growth rate, and
(7) Operating conditions of the pipeline size.
(pressure, flow rate, etc.). Exposure of the (15) Operating stress levels in the pipeline.
pipeline to an operating pressure exceeding (16) Location of the pipeline segment as it
the established maximum operating pres- relates to the ability of the operator to de-
sure. tect and respond to a leak. (e.g., pipelines
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Pipeline and Hazardous Materials Safety Administration, DOT Pt. 195, App. C
leak detection difficult without specific sec- Internal Inspection tool used: (yes/no)—yes.
tional monitoring and/or significantly im- Date of pig run? In last five years—Risk
pede access for spill response or any other Value=1
purpose). Anomalies found: (yes/no)—yes, but do not
(17) Physical support of the segment such pose an immediate safety risk or environ-
as by a cable suspension bridge. mental hazard—Risk Value=3
(18) Non-standard or other than recognized Leak History: yes, one spill in last 10 years.
industry practice on pipeline installation (refer to ‘‘Leak History’’ risk table)—Risk
(e.g., horizontal directional drilling). Value=2
B. Example: This example illustrates a hy- Product transported: Diesel fuel. Product low
pothetical model used to establish an integ- risk. (refer to ‘‘Product’’ risk table)—Risk
rity assessment schedule for a hypothetical Value=1
pipeline segment. After we determine the Pipe size: 16 inches. Size presents moderate
risk factors applicable to the pipeline seg- risk (refer to ‘‘Line Size’’ risk table)—Risk
ment, we then assign values or numbers to Value=3
each factor, such as, high (5), moderate (3), iii. Overall risk value for this hypothetical
or low (1). We can determine an overall risk segment of pipe is 34. Assume we have two
classification (A, B, C) for the segment using other pipeline segments for which we con-
the risk tables and a sliding scale (values 5 duct similar risk rankings. The second pipe-
to 1) for risk factors for which tables are not
line segment has an overall risk value of 20,
provided. We would classify a segment as C if
and the third segment, 11. For the baseline
it fell above 2⁄3 of maximum value (highest
assessment we would establish a schedule
overall risk value for any one segment when
where we assess the first segment (highest
compared with other segments of a pipeline),
a segment as B if it fell between 1⁄3 to 2⁄3 of risk segment) within two years, the second
maximum value, and the remaining seg- segment within five years and the third seg-
ments as A. ment within seven years. Similarly, for the
i. For the baseline assessment schedule, we continuing integrity assessment, we could
would plan to assess 50% of all pipeline seg- establish an assessment schedule where we
ments covered by the rule, beginning with assess the highest risk segment no later than
the highest risk segments, within the first the second year, the second segment no later
31⁄2 years and the remaining segments within than the third year, and the third segment
the seven-year period. For the continuing in- no later than the fifth year.
tegrity assessments, we would plan to assess III. Safety risk indicator tables for leak
the C segments within the first two (2) years history, volume or line size, age of pipeline,
of the schedule, the segments classified as and product transported.
moderate risk no later than year three or
four and the remaining lowest risk segments LEAK HISTORY
no later than year five (5).
ii. For our hypothetical pipeline segment, Safety risk Leak history
indicator (Time-dependent defects) 1
we have chosen the following risk factors
and obtained risk factor values from the ap- High .......................... > 3 Spills in last 10 years
propriate table. The values assigned to the Low ........................... < 3 Spills in last 10 years
risk factors are for illustration only.
1 Time-dependent defects are those that result in spills due
Age of pipeline: assume 30 years old (refer to to corrosion, gouges, or problems developed during manufac-
‘‘Age of Pipeline’’ risk table)— ture, construction or operation, etc.
Risk Value=5
Pressure tested: tested once during construc- LINE SIZE OR VOLUME TRANSPORTED
tion—
Safety risk
Risk Value=5 indicator Line size
Coated: (yes/no)—yes
Coating Condition: Recent excavation of sus- High .......................... ≥ 18′
pected areas showed holidays in coating Moderate .................. 10′—16′ nominal diameters
(potential corrosion risk)— Low ........................... ≤ 8′ nominal diameter
Risk Value=5
Cathodically Protected: (yes/no)—yes—Risk AGE OF PIPELINE
Value=1
Date cathodic protection installed: five years Safety risk Age Pipeline condition
after pipeline was constructed (Cathodic indicator dependent) 1
protection installed within one year of the
High .......................... > 25 years
pipeline’s construction is generally consid-
Low ........................... < 25 years
ered low risk.)—Risk Value=3
Close interval survey: (yes/no)—no—Risk 1 Depends on pipeline’s coating & corrosion condition, and
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Pt. 195, App. C 49 CFR Ch. I (10–1–07 Edition)

PRODUCT TRANSPORTED measure the effectiveness of an ongoing pro-


gram.
Safety B. Performance measures. These measures
risk show how a program to control risk on pipe-
Considerations 1 Product examples
indi-
cator line segments that could affect a high con-
sequence area is progressing under the integ-
High ... (Highly volatile and flam- (Propane, butane, Nat- rity management requirements. Perform-
mable). ural Gas Liquid (NGL), ance measures generally fall into three cat-
ammonia). egories:
Highly toxic .................... (Benzene, high Hydro- (1) Selected Activity Measures—Measures
gen Sulfide content
crude oils).
that monitor the surveillance and preventive
Me- Flammable—flashpoint (Gasoline, JP4, low activities the operator has implemented.
dium. <100F. flashpoint crude oils). These measure indicate how well an operator
Low .... Non-flammable— (Diesel, fuel oil, ker- is implementing the various elements of its
flashpoint 100+F. osene, JP5, most integrity management program.
crude oils). (2) Deterioration Measures—Operation and
1 The degree of acute and chronic toxicity to humans, wild- maintenance trends that indicate when the
life, and aquatic life; reactivity; and, volatility, flammability, and integrity of the system is weakening despite
water solubility determine the Product Indicator. Comprehen- preventive measures. This category of per-
sive Environmental Response, Compensation and Liability Act formance measure may indicate that the sys-
Reportable Quantity values may be used as an indication of
chronic toxicity. National Fire Protection Association health tem condition is deteriorating despite well
factors may be used for rating acute hazards. executed preventive activities.
(3) Failure Measures—Leak History, inci-
IV. Types of internal inspection tools to
dent response, product loss, etc. These meas-
use.
ures will indicate progress towards fewer
An operator should consider at least two
spills and less damage.
types of internal inspection tools for the in- C. Internal vs. External Comparisons. These
tegrity assessment from the following list. comparisons show how a pipeline segment
The type of tool or tools an operator selects that could affect a high consequence area is
will depend on the results from previous in- progressing in comparison to the operator’s
ternal inspection runs, information analysis other pipeline segments that are not covered
and risk factors specific to the pipeline seg- by the integrity management requirements
ment: and how that pipeline segment compares to
(1) Geometry Internal inspection tools for other operators’ pipeline segments.
detecting changes to ovality, e.g., bends, (1) Internal—Comparing data from the
dents, buckles or wrinkles, due to construc- pipeline segment that could affect the high
tion flaws or soil movement, or other outside consequence area with data from pipeline
force damage; segments in other areas of the system may
(2) Metal Loss Tools (Ultrasonic and Mag- indicate the effects from the attention given
netic Flux Leakage) for determining pipe to the high consequence area.
wall anomalies, e.g., wall loss due to corro- (2) External—Comparing data external to
sion. the pipeline segment (e.g., OPS incident
(3) Crack Detection Tools for detecting data) may provide measures on the fre-
cracks and crack-like features, e.g., stress quency and size of leaks in relation to other
corrosion cracking (SCC), fatigue cracks, companies.
narrow axial corrosion, toe cracks, hook D. Examples. Some examples of perform-
cracks, etc. ance measures an operator could use in-
V. Methods to measure performance. clude—
A. General. (1) This guidance is to help an (1) A performance measurement goal to re-
operator establish measures to evaluate the duce the total volume from unintended re-
effectiveness of its integrity management leases by -% (percent to be determined by op-
program. The performance measures re- erator) with an ultimate goal of zero.
quired will depend on the details of each in- (2) A performance measurement goal to re-
tegrity management program and will be duce the total number of unintended releases
based on an understanding and analysis of (based on a threshold of 5 gallons) by ll-%
the failure mechanisms or threats to integ- (percent to be determined by operator) with
rity of each pipeline segment. an ultimate goal of zero.
(2) An operator should select a set of meas- (3) A performance measurement goal to
urements to judge how well its program is document the percentage of integrity man-
performing. An operator’s objectives for its agement activities completed during the cal-
program are to ensure public safety, prevent endar year.
or minimize leaks and spills and prevent (4) A performance measurement goal to
property and environmental damage. A typ- track and evaluate the effectiveness of the
ical integrity management program will be operator’s community outreach activities.
an ongoing program and it may contain (5) A narrative description of pipeline sys-
many elements. Therefore, several perform- tem integrity, including a summary of per-
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Pipeline and Hazardous Materials Safety Administration, DOT Pt. 198
and quantitative, to an operator’s integrity (13) results of the information analyses and
management program prepared periodically. periodic evaluations;
(6) A performance measure based on inter- (14) the process and risk factors for estab-
nal audits of the operator’s pipeline system lishing continual re-assessment intervals;
per 49 CFR Part 195. (15) justification to support any variance
(7) A performance measure based on exter- from the required re-assessment intervals;
nal audits of the operator’s pipeline system (16) integrity assessment results and anom-
per 49 CFR Part 195. alies found, process for evaluating and reme-
(8) A performance measure based on oper- diating anomalies, criteria for remedial ac-
ational events (for example: relief occur- tions and actions taken to evaluate and re-
rences, unplanned valve closure, SCADA out- mediate the anomalies;
ages, etc.) that have the potential to ad- (17) other remedial actions planned or
versely affect pipeline integrity. taken;
(9) A performance measure to demonstrate (18) schedule for evaluation and remedi-
that the operator’s integrity management ation of anomalies, justification to support
program reduces risk over time with a focus deviation from required remediation times;
on high risk items.
(19) risk analysis used to identify addi-
(10) A performance measure to dem-
tional preventive or mitigative measures,
onstrate that the operator’s integrity man-
records of preventive and mitigative actions
agement program for pipeline stations and
planned or taken;
terminals reduces risk over time with a
focus on high risk items. (20) criteria for determining EFRD instal-
lation;
VI. Examples of types of records an oper-
ator must maintain. (21) criteria for evaluating and modifying
The rule requires an operator to maintain leak detection capability;
certain records. (See § 195.452(l)). This section (22) methods used to measure the pro-
provides examples of some records that an gram’s effectiveness.
operator would have to maintain for inspec- VII. Conditions that may impair a pipe-
tion to comply with the requirement. This is line’s integrity.
not an exhaustive list. Section 195.452(h) requires an operator to
(1) a process for identifying which pipelines evaluate and remediate all pipeline integrity
could affect a high consequence area and a issues raised by the integrity assessment or
document identifying all pipeline segments information analysis. An operator must de-
that could affect a high consequence area; velop a schedule that prioritizes conditions
(2) a plan for baseline assessment of the discovered on the pipeline for evaluation and
line pipe that includes each required plan remediation. The following are some exam-
element; ples of conditions that an operator should
(3) modifications to the baseline plan and schedule for evaluation and remediation.
reasons for the modification; A. Any change since the previous assess-
(4) use of and support for an alternative ment.
practice; B. Mechanical damage that is located on
(5) a framework addressing each required the top side of the pipe.
element of the integrity management pro- C. An anomaly abrupt in nature.
gram, updates and changes to the initial D. An anomaly longitudinal in orientation.
framework and eventual program; E. An anomaly over a large area.
(6) a process for identifying a new high F. An anomaly located in or near a casing,
consequence area and incorporating it into a crossing of another pipeline, or an area
the baseline plan, particularly, a process for with suspect cathodic protection.
identifying population changes around a
pipeline segment; [Amdt. 195–70, 65 FR 75409, Dec. 1, 2000, as
(7) an explanation of methods selected to amended by Amdt. 195–74, 67 FR 1661, Jan. 14,
assess the integrity of line pipe; 2002]
(8) a process for review of integrity assess-
ment results and data analysis by a person
qualified to evaluate the results and data; PARTS 196–197 [RESERVED]
(9) the process and risk factors for deter-
mining the baseline assessment interval; PART 198—REGULATIONS FOR
(10) results of the baseline integrity assess- GRANTS TO AID STATE PIPELINE
ment;
(11) the process used for continual evalua- SAFETY PROGRAMS
tion, and risk factors used for determining
the frequency of evaluation; Subpart A—General
(12) process for integrating and analyzing
information about the integrity of a pipe- Sec.
line, information and data used for the infor- 198.1 Scope.
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mation analysis; 198.3 Definitions.

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§ 198.1 49 CFR Ch. I (10–1–07 Edition)

Subpart B—Grant Allocation association, state, municipality, coop-


erative association, or joint stock asso-
198.11 Grant authority.
ciation, and including any trustee, re-
198.13 Grant allocation formula.
ceiver, assignee, or personal represent-
Subpart C—Adoption of One-Call Damage ative thereof.
Prevention Program Underground pipeline facilities means
buried pipeline facilities used in the
198.31 Scope. transportation of gas or hazardous liq-
198.33 [Reserved] uid subject to the pipeline safety laws
198.35 Grants conditioned on adoption of (49 U.S.C. 60101 et seq.).
one-call damage prevention program.
Secretary means the Secretary of
198.37 State one-call damage prevention
program. Transportation or any person to whom
198.39 Qualifications for operation of one- the Secretary of Transportation has
call notification system. delegated authority in the matter con-
cerned.
AUTHORITY: 49 U.S.C. 60105, 60106, 60114; and
49 CFR 1.53.
Seeking to adopt means actively and
effectively proceeding toward adoption.
SOURCE: 55 FR 38691, Sept. 20, 1990, unless State means each of the several
otherwise noted. States, the District of Columbia, and
the Commonwealth of Puerto Rico.
Subpart A—General [55 FR 38691, Sept. 20, 1990, as amended by
§ 198.1 Scope. Amdt. 198–2, 61 FR 18518, Apr. 26, 1996; 68 FR
11750, Mar. 12, 2003; 70 FR 11140, Mar. 8, 2005]
This part prescribes regulations gov-
erning grants-in-aid for State pipeline Subpart B—Grant Allocation
safety compliance programs.

§ 198.3 Definitions. SOURCE: Amdt. 198–1, 58 FR 10988, Feb. 23,


1993, unless otherwise noted.
As used in this part:
Administrator means the Adminis- § 198.11 Grant authority.
trator, Pipeline and Hazardous Mate-
The pipeline safety laws (49 U.S.C.
rials Safety Administration or his or
60101 et seq.) authorize the Adminis-
her delegate.
trator to pay out funds appropriated or
Adopt means establish under State
otherwise make available up to 50 per-
law by statute, regulation, license, cer-
cent of the cost of the personnel, equip-
tification, order, or any combination of
ment, and activities reasonably re-
these legal means.
quired for each state agency to carry
Excavation activity means an exca-
out a safety program for intrastate
vation activity defined in § 192.614(a) of
pipeline facilities under a certification
this chapter, other than a specific ac-
or agreement with the Administrator
tivity the State determines would not
or to act as an agent of the Adminis-
be expected to cause physical damage
trator with respect to interstate pipe-
to underground facilities.
line facilities.
Excavator means any person intend-
ing to engage in an excavation activ- [Amdt. 198–2, 61 FR 18518, Apr. 26, 1996]
ity.
One-call notification system means a § 198.13 Grant allocation formula.
communication system that qualifies (a) Beginning in calendar year 1993,
under this part and the one-call dam- the Administrator places increasing
age prevention program of the State emphasis on program performance in
concerned in which an operational cen- allocating state agency funds under
ter receives notices from excavators of § 198.11. The maximum percent of each
intended excavation activities and state agency allocation that is based
transmits the notices to operators of on performance follows: 1993—75 per-
underground pipeline facilities and cent; 1994 and subsequent years—100
other underground facilities that par- percent.
ticipate in the system. (b) A state’s annual grant allocation
Person means any individual, firm, is based on maximum of 100 perform-
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Pipeline and Hazardous Materials Safety Administration, DOT § 198.37

(1) Fifty points based on information Subpart C—Adoption of One-Call


provided in the state’s annual certifi- Damage Prevention Program
cation/agreement attachments which
document its activities for the past § 198.31 Scope.
year; and This subpart implements parts of the
(2) Fifty points based on the annual pipeline safety laws (49 U.S.C. 60101 et
state program evaluation. seq.), which direct the Secretary to re-
(c) The Administrator assigns quire each State to adopt a one-call
weights to various performance factors damage prevention program as a condi-
reflecting program compliance, safety tion to receiving a full grant-in-aid for
priorities, and national concerns iden- its pipeline safety compliance program.
tified by the Administrator and com- [Amdt. 198–2, 61 FR 18518, Apr. 26, 1996]
municated to each State agency. At a
minimum, the Administrator considers § 198.33 [Reserved]
the following performance factors in
allocating funds: § 198.35 Grants conditioned on adop-
tion of one-call damage prevention
(1) Adequacy of state operating prac- program.
tices;
In allocating grants to State agen-
(2) Quality of state inspections, in-
cies under the pipeline safety laws, (49
vestigations, and enforcement/compli- U.S.C. 60101 et seq.), the Secretary con-
ance actions; siders whether a State has adopted or
(3) Adequacy of state recordkeeping; is seeking to adopt a one-call damage
(4) Extent of state safety regulatory prevention program in accordance with
jurisdiction over pipeline facilities; § 198.37. If a State has not adopted or is
(5) Qualifications of state inspectors; not seeking to adopt such program, the
(6) Number of state inspection per- State agency may not receive the full
son-days; reimbursement to which it would oth-
(7) State adoption of applicable fed- erwise be entitled.
eral pipeline safety standards; and [Amdt. 198–2, 61 FR 38403, July 24, 1996]
(8) Any other factor the Adminis-
trator deems necessary to measure per- § 198.37 State one-call damage preven-
formance. tion program.
(d) Notwithstanding these perform- A State must adopt a one-call dam-
ance factors, the Administrator may, age prevention program that requires
in 1993 and subsequent years, continue each of the following at a minimum:
funding any state at the 1991 level, pro- (a) Each area of the State that con-
vided its request is at the 1991 level or tains underground pipeline facilities
higher and appropriated funds are at must be covered by a one-call notifica-
the 1991 level or higher. tion system.
(e) The Administrator notifies each (b) Each one-call notification system
must be operated in accordance with
state agency in writing of the specific
§ 198.39.
performance factors to be used and the
(c) Excavators must be required to
weights to be assigned to each factor at notify the operational center of the
least 9 months prior to allocating one-call notification system that cov-
funds. Prior to notification, PHMSA ers the area of each intended exca-
seeks state agency comments on any vation activity and provide the fol-
proposed changes to the allocation for- lowing information:
mula. (1) Name of the person notifying the
(f) Grants are limited to the appro- system.
priated funds available. If total state (2) Name, address and telephone num-
agency requests for grants exceed the ber of the excavator.
funds available, the Administrator pro- (3) Specific location, starting date,
rates each state agency’s allocation. and description of the intended exca-
vation activity.
[Amdt. 198–1, 58 FR 10988, Feb. 23, 1993, as
amended at 70 FR 11140, Mar. 8, 2005] However, an excavator must be allowed
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§ 198.39 49 CFR Ch. I (10–1–07 Edition)

emergency but, in doing so, required to provided under the pipeline safety laws
notify the operational center at the (49 U.S.C. 60101 et seq.).
earliest practicable moment. [55 FR 38691, Sept. 20, 1990, as amended by
(d) The State must determine wheth- Amdt. 198–2, 61 FR 18518, Apr. 26, 1996]
er telephonic and other communica-
tions to the operational center of a § 198.39 Qualifications for operation of
one-call notification system under one-call notification system.
paragraph (c) of this section are to be A one-call notification system quali-
toll free or not. fies to operate under this subpart if it
(e) Except with respect to interstate complies with the following:
transmission facilities as defined in the (a) It is operated by one or more of
pipeline safety laws (49 U.S.C. 60101 et the following:
seq.), operators of underground pipeline (1) A person who operates under-
facilities must be required to partici- ground pipeline facilities or other un-
pate in the one-call notification sys- derground facilities.
tems that cover the areas of the State (2) A private contractor.
in which those pipeline facilities are (3) A State or local government agen-
located. cy.
(4) A person who is otherwise eligible
(f) Operators of underground pipeline
under State law to operate a one-call
facilities participating in the one-call notification system.
notification systems must be required (b) It receives and records informa-
to respond in the manner prescribed by tion from excavators about intended
§ 192.614 (b)(4) through (b)(6) of this excavation activities.
chapter to notices of intended exca- (c) It promptly transmits to the ap-
vation activity received from the oper- propriate operators of underground
ational center of a one-call notification pipeline facilities the information re-
system. ceived from excavators about intended
(g) Persons who operate one-call no- excavation activities.
tification systems or operators of un- (d) It maintains a record of each no-
derground pipeline facilities partici- tice of intent to engage in an exca-
pating or required to participate in the vation activity for the minimum time
one-call notification systems must be set by the State or, in the absence of
required to notify the public and such time, for the time specified in the
known excavators in the manner pre- applicable State statute of limitations
scribed by § 192.614 (b)(1) and (b)(2) of on tort actions.
this chapter of the availability and use (e) It tells persons giving notice of an
of one-call notification systems to lo- intent to engage in an excavation ac-
cate underground pipeline facilities. tivity the names of participating oper-
However, this paragraph does not apply ators of underground pipeline facilities
to whom the notice will be trans-
to persons (including operator’s master
mitted.
meters) whose primary activity does
not include the production, transpor-
tation or marketing of gas or haz- PART 199—DRUG AND ALCOHOL
ardous liquids. TESTING
(h) Operators of underground pipeline
facilities (other than operators of Subpart A—General
interstate transmission facilities as de- Sec.
fined in the pipeline safety laws (49 199.1 Scope.
U.S.C. 60101 et seq.), and interstate 199.2 Applicability.
pipelines as defined in § 195.2 of this 199.3 Definitions.
199.5 DOT procedures.
chapter), excavators and persons who 199.7 Stand-down waivers.
operate one-call notification systems 199.9 Preemption of State and local laws.
who violate the applicable require-
ments of this subpart must be subject Subpart B—Drug Testing
to civil penalties and injunctive relief
199.100 Purpose.
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that are substantially the same as are 199.101 Anti-drug plan.

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Pipeline and Hazardous Materials Safety Administration, DOT § 199.3
199.103 Use of persons who fail or refuse a ‘‘Outer Continental Shelf ‘‘ as that
drug test. term is defined in the Outer Conti-
199.105 Drug tests required. nental Shelf Lands Act (43 U.S.C. 1331).
199.107 Drug testing laboratory.
199.109 Review of drug testing results. (b) This part does not apply to any
199.111 Retention of samples and additional person for whom compliance with this
testing. part would violate the domestic laws or
199.113 Employee assistance program. policies of another country.
199.115 Contractor employees. (c) This part does not apply to cov-
199.117 Recordkeeping. ered functions performed on—
199.119 Reporting of anti-drug testing re-
sults. (1) Master meter systems, as defined
in § 191.3 of this chapter; or
Subpart C—Alcohol Misuse Prevention (2) Pipeline systems that transport
Program only petroleum gas or petroleum gas/
air mixtures.
199.200 Purpose.
199.201 [Reserved] [Amdt. 199–19, 66 FR 47117, Sept. 11, 2001]
199.202 Alcohol misuse plan.
199.203–199.205 [Reserved] § 199.3 Definitions.
199.209 Other requirements imposed by oper-
ators.
As used in this part—
199.211 Requirement for notice. Accident means an incident report-
199.213 [Reserved] able under part 191 of this chapter in-
199.215 Alcohol concentration. volving gas pipeline facilities or LNG
199.217 On-duty use. facilities, or an accident reportable
199.219 Pre-duty use. under part 195 of this chapter involving
199.221 Use following an accident. hazardous liquid pipeline facilities.
199.223 Refusal to submit to a required alco-
hol test. Administrator means the Adminis-
199.225 Alcohol tests required. trator, Pipeline and Hazardous Mate-
199.227 Retention of records. rials Safety Administration or his or
199.229 Reporting of alcohol testing results. her delegate.
199.231 Access to facilities and records. Covered employee, employee, or indi-
199.233 Removal from covered function. vidual to be tested means a person who
199.235 Required evaluation and testing.
performs a covered function, including
199.237 Other alcohol-related conduct.
199.239 Operator obligation to promulgate a persons employed by operators, con-
policy on the misuse of alcohol. tractors engaged by operators, and per-
199.241 Training for supervisors. sons employed by such contractors.
199.243 Referral, evaluation, and treatment. Covered function means an operations,
199.245 Contractor employees. maintenance, or emergency-response
AUTHORITY: 49 U.S.C. 5103, 60102, 60104, function regulated by part 192, 193, or
60108, 60117, and 60118; 49 CFR 1.53. 195 of this chapter that is performed on
SOURCE: 53 FR 47096, Nov. 21, 1988, unless a pipeline or on an LNG facility.
otherwise noted. DOT Procedures means the Proce-
dures for Transportation Workplace
Drug and Alcohol Testing Programs
Subpart A—General published by the Office of the Sec-
§ 199.1 Scope. retary of Transportation in part 40 of
this title.
This part requires operators of pipe-
Fail a drug test means that the con-
line facilities subject to part 192, 193, or
firmation test result shows positive
195 of this chapter to test covered em-
evidence of the presence under DOT
ployees for the presence of prohibited
Procedures of a prohibited drug in an
drugs and alcohol.
employee’s system.
[Amdt. 199–19, 66 FR 47117, Sept. 11, 2001] Operator means a person who owns or
operates pipeline facilities subject to
§ 199.2 Applicability. part 192, 193, or 195 of this chapter.
(a) This part applies to pipeline oper- Pass a drug test means that initial
ators only with respect to employees testing or confirmation testing under
located within the territory of the DOT Procedures does not show evi-
United States, including those employ- dence of the presence of a prohibited
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§ 199.5 49 CFR Ch. I (10–1–07 Edition)

Performs a covered function includes partment of Transportation, Wash-


actually performing, ready to perform, ington, DC 20590.
or immediately available to perform a (b) Each application must—
covered function. (1) Identify § 40.21 of this title as the
Positive rate for random drug testing rule from which the waiver is sought;
means the number of verified positive (2) Explain why the waiver is re-
results for random drug tests con- quested and describe the employees to
ducted under this part plus the number be covered by the waiver;
of refusals of random drug tests re- (3) Contain the information required
quired by this part, divided by the by § 40.21 of this title and any other in-
total number of random drug tests re- formation or arguments available to
sults (i.e., positives, negatives, and re- support the waiver requested; and
fusals) under this part. (4) Unless good cause is shown in the
Prohibited drug means any of the fol- application, be submitted at least 60
lowing substances specified in Schedule days before the proposed effective date
I or Schedule II of the Controlled Sub- of the waiver.
stances Act (21 U.S.C. 812): marijuana, (c) No public hearing or other pro-
cocaine, opiates, amphetamines, and ceeding is held directly on an applica-
phencyclidine (PCP). tion before its disposition under this
section. If the Associate Administrator
Refuse to submit, refuse, or refuse to
determines that the application con-
take means behavior consistent with
tains adequate justification, he or she
DOT Procedures concerning refusal to
grants the waiver. If the Associate Ad-
take a drug test or refusal to take an
ministrator determines that the appli-
alcohol test.
cation does not justify granting the
State agency means an agency of any waiver, he or she denies the applica-
of the several states, the District of Co- tion. The Associate Administrator no-
lumbia, or Puerto Rico that partici- tifies each applicant of the decision to
pates under the pipeline safety laws (49 grant or deny an application.
U.S.C. 60101 et seq.)
[Amdt. 199–19, 66 FR 47118, Sept. 11, 2001, as
[53 FR 47096, Nov. 21, 1988, as amended by amended at 70 FR 11140, Mar. 8, 2005]
Amdt. 199–2, 54 FR 51850, Dec. 18, 1989; 59 FR
62227, Dec. 2, 1994; Amdt. 199–13, 61 FR 18518, § 199.9 Preemption of State and local
Apr. 26, 1996; Amdt. 199–15, 63 FR 13000, Mar. laws.
17, 1998; Amdt. 199–19, 66 FR 47117, Sept. 11,
2001; 68 FR 11750, Mar. 12, 2003; 68 FR 75465, (a) Except as provided in paragraph
Dec. 31, 2003; 70 FR 11140, Mar. 8, 2005] (b) of this section, this part preempts
any State or local law, rule, regula-
§ 199.5 DOT procedures. tion, or order to the extent that:
The anti-drug and alcohol programs (1) Compliance with both the State or
required by this part must be con- local requirement and this part is not
ducted according to the requirements possible;
of this part and DOT Procedures. (2) Compliance with the State or
Terms and concepts used in this part local requirement is an obstacle to the
have the same meaning as in DOT Pro- accomplishment and execution of any
cedures. Violations of DOT Procedures requirement in this part; or
(3) The State or local requirement is
with respect to anti-drug and alcohol
a pipeline safety standard applicable to
programs required by this part are vio-
interstate pipeline facilities.
lations of this part.
(b) This part shall not be construed
[Amdt. 199–19, 66 FR 47118, Sept. 11, 2001] to preempt provisions of State crimi-
nal law that impose sanctions for reck-
§ 199.7 Stand-down waivers. less conduct leading to actual loss of
(a) Each operator who seeks a waiver life, injury, or damage to property,
under § 40.21 of this title from the whether the provisions apply specifi-
stand-down restriction must submit an cally to transportation employees or
application for waiver in duplicate to employers or to the general public.
the Associate Administrator for Pipe- [Amdt. 199–9, 59 FR 7430, Feb. 15, 1994. Redes-
line Safety, Pipeline and Hazardous ignated and amended by Amdt. 199–19, 66 FR
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Materials Safety Administration, De- 47119, Sept. 11, 2001]

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Pipeline and Hazardous Materials Safety Administration, DOT § 199.105

Subpart B—Drug Testing makes a determination under DOT Pro-


cedures; or
§ 199.100 Purpose. (2) Refuses to take a drug test re-
The purpose of this subpart is to es- quired by this part.
tablish programs designed to help pre- (b) Paragraph (a)(1) of this section
vent accidents and injuries resulting does not apply to a person who has—
from the use of prohibited drugs by em- (1) Passed a drug test under DOT Pro-
ployees who perform covered functions cedures;
for operators of certain pipeline facili- (2) Been considered by the medical
ties subject to part 192, 193, or 195 of review officer in accordance with DOT
this chapter. Procedures and been determined by a
substance abuse professional to have
[Amdt. 199–19, 66 FR 47118, Sept. 11, 2001]
successfully completed required edu-
§ 199.101 Anti-drug plan. cation or treatment; and
(3) Not failed a drug test required by
(a) Each operator shall maintain and this part after returning to duty.
follow a written anti-drug plan that
conforms to the requirements of this [53 FR 47096, Nov. 21, 1988, as amended by
part and the DOT Procedures. The plan Amdt. 199–2, 54 FR 51850, Dec. 18, 1989. Redes-
ignated and amended by Amdt. 199–19, 66 FR
must contain—
47118, Sept. 11, 2001]
(1) Methods and procedures for com-
pliance with all the requirements of § 199.105 Drug tests required.
this part, including the employee as-
sistance program; Each operator shall conduct the fol-
(2) The name and address of each lab- lowing drug tests for the presence of a
oratory that analyzes the specimens prohibited drug:
collected for drug testing; (a) Pre-employment testing. No oper-
(3) The name and address of the oper- ator may hire or contract for the use of
ator’s Medical Review Officer, and Sub- any person as an employee unless that
stance Abuse Professional; and person passes a drug test or is covered
(4) Procedures for notifying employ- by an anti-drug program that conforms
ees of the coverage and provisions of to the requirements of this part.
the plan. (b) Post-accident testing. As soon as
(b) The Administrator or the State possible but no later than 32 hours
Agency that has submitted a current after an accident, an operator shall
certification under the pipeline safety drug test each employee whose per-
laws (49 U.S.C. 60101 et seq.) with re- formance either contributed to the ac-
spect to the pipeline facility governed cident or cannot be completely dis-
by an operator’s plans and procedures counted as a contributing factor to the
may, after notice and opportunity for accident. An operator may decide not
hearing as provided in 49 CFR 190.237 or to test under this paragraph but such a
the relevant State procedures, require decision must be based on the best in-
the operator to amend its plans and formation available immediately after
procedures as necessary to provide a the accident that the employee’s per-
reasonable level of safety. formance could not have contributed to
the accident or that, because of the
[53 FR 47096, Nov. 21, 1988, as amended by time between that performance and the
Amdt. 199–2, 54 FR 51850, Dec. 18, 1989; Amdt.
accident, it is not likely that a drug
199–4, 56 FR 31091, July 9, 1991; 56 FR 41077,
Aug. 19, 1991; Amdt. 199–13, 61 FR 18518, Apr. test would reveal whether the perform-
26, 1996; Amdt. 199–15, 63 FR 36863, July 8, ance was affected by drug use.
1998. Redesignated by Amdt. 199–19, 66 FR (c) Random testing. (1) Except as pro-
47118, Sept. 11, 2001] vided in paragraphs (c)(2) through (4) of
this section, the minimum annual per-
§ 199.103 Use of persons who fail or centage rate for random drug testing
refuse a drug test. shall be 50 percent of covered employ-
(a) An operator may not knowingly ees.
use as an employee any person who— (2) The Administrator’s decision to
(1) Fails a drug test required by this increase or decrease the minimum an-
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§ 199.105 49 CFR Ch. I (10–1–07 Edition)

testing is based on the reported posi- mined by the Administrator. If the op-
tive rate for the entire industry. All in- erator conducts random drug testing
formation used for this determination through a consortium, the number of
is drawn from the drug MIS reports re- employees to be tested may be cal-
quired by this subpart. In order to en- culated for each individual operator or
sure reliability of the data, the Admin- may be based on the total number of
istrator considers the quality and com- covered employees covered by the con-
pleteness of the reported data, may ob- sortium who are subject to random
tain additional information or reports drug testing at the same minimum an-
from operators, and may make appro- nual percentage rate under this sub-
priate modifications in calculating the part or any DOT drug testing rule.
industry positive rate. Each year, the (7) Each operator shall ensure that
Administrator will publish in the FED- random drug tests conducted under
ERAL REGISTER the minimum annual this subpart are unannounced and that
percentage rate for random drug test- the dates for administering random
ing of covered employees. The new tests are spread reasonably throughout
minimum annual percentage rate for the calendar year.
random drug testing will be applicable (8) If a given covered employee is
starting January 1 of the calendar year subject to random drug testing under
following publication. the drug testing rules of more than one
(3) When the minimum annual per- DOT agency for the same operator, the
centage rate for random drug testing is employee shall be subject to random
50 percent, the Administrator may drug testing at the percentage rate es-
lower this rate to 25 percent of all cov- tablished for the calendar year by the
ered employees if the Administrator DOT agency regulating more than 50
determines that the data received percent of the employee’s function.
under the reporting requirements of (9) If an operator is required to con-
§ 199.119 for two consecutive calendar duct random drug testing under the
years indicate that the reported posi- drug testing rules of more than one
tive rate is less than 1.0 percent. DOT agency, the operator may—
(4) When the minimum annual per- (i) Establish separate pools for ran-
centage rate for random drug testing is dom selection, with each pool con-
25 percent, and the data received under taining the covered employees who are
the reporting requirements of § 199.119 subject to testing at the same required
for any calendar year indicate that the rate; or
reported positive rate is equal to or (ii) Randomly select such employees
greater than 1.0 percent, the Adminis- for testing at the highest percentage
trator will increase the minimum an- rate established for the calendar year
nual percentage rate for random drug by any DOT agency to which the oper-
testing to 50 percent of all covered em- ator is subject.
ployees. (d) Testing based on reasonable cause.
(5) The selection of employees for Each operator shall drug test each em-
random drug testing shall be made by a ployee when there is reasonable cause
scientifically valid method, such as a to believe the employee is using a pro-
random number table or a computer- hibited drug. The decision to test must
based random number generator that is be based on a reasonable and
matched with employees’ Social Secu- articulable belief that the employee is
rity numbers, payroll identification using a prohibited drug on the basis of
numbers, or other comparable identi- specific, contemporaneous physical, be-
fying numbers. Under the selection havioral, or performance indicators of
process used, each covered employee probable drug use. At least two of the
shall have an equal chance of being employee’s supervisors, one of whom is
tested each time selections are made. trained in detection of the possible
(6) The operator shall randomly se- symptoms of drug use, shall substan-
lect a sufficient number of covered em- tiate and concur in the decision to test
ployees for testing during each cal- an employee. The concurrence between
endar year to equal an annual rate not the two supervisors may be by tele-
less than the minimum annual percent- phone. However, in the case of opera-
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Pipeline and Hazardous Materials Safety Administration, DOT § 199.109

to testing under this part, only one su- time, by the operator, the Adminis-
pervisor of the employee trained in de- trator, and if the operator is subject to
tecting possible drug use symptoms state agency jurisdiction, a representa-
shall substantiate the decision to test. tive of that state agency.
(e) Return-to-duty testing. A covered
[53 FR 47096, Nov. 21, 1988. Redesignated by
employee who refuses to take or has a
Amdt. 199–19, 66 FR 47118, Sept. 11, 2001]
positive drug test may not return to
duty in the covered function until the § 199.109 Review of drug testing re-
covered employee has complied with sults.
applicable provisions of DOT Proce-
dures concerning substance abuse pro- (a) MRO appointment. Each operator
fessionals and the return-to-duty proc- shall designate or appoint a medical re-
ess. view officer (MRO). If an operator does
(f) Follow-up testing. A covered em- not have a qualified individual on staff
ployee who refuses to take or has a to serve as MRO, the operator may
positive drug test shall be subject to contract for the provision of MRO serv-
unannounced follow-up drug tests ad- ices as part of its anti-drug program.
ministered by the operator following (b) MRO qualifications. Each MRO
the covered employee’s return to duty. must be a licensed physician who has
The number and frequency of such fol- the qualifications required by DOT
low-up testing shall be determined by a Procedures.
substance abuse professional, but shall (c) MRO duties. The MRO must per-
consist of at least six tests in the first form functions for the operator as re-
12 months following the covered em- quired by DOT Procedures.
ployee’s return to duty. In addition, (d) MRO reports. The MRO must re-
follow-up testing may include testing port all drug test results to the oper-
for alcohol as directed by the substance ator in accordance with DOT Proce-
abuse professional, to be performed in dures.
accordance with 49 CFR part 40. Fol- (e) Evaluation and rehabilitation
low-up testing shall not exceed 60 may be provided by the operator, by a
months from the date of the covered substance abuse professional under
employee’s return to duty. The sub- contract with the operator, or by a sub-
stance abuse professional may termi-
stance abuse professional not affiliated
nate the requirement for follow-up
with the operator. The choice of sub-
testing at any time after the first six
stance abuse professional and assign-
tests have been administered, if the
ment of costs shall be made in accord-
substance abuse professional deter-
ance with the operator/employee agree-
mines that such testing is no longer
ments and operator/employee policies.
necessary.
(f) The operator shall ensure that a
[53 FR 47096, Nov. 21, 1988, as amended by substance abuse professional, who de-
Amdt. 199–2, 54 FR 51850, Dec. 18, 1989; 59 FR termines that a covered employee re-
62227, Dec. 2, 1994; Amdt. 199–15, 63 FR 13000,
quires assistance in resolving problems
Mar. 17, 1998; Amdt 199–15, 63 FR 36863, July
8, 1998. Redesignated and amended by Amdt. with drug abuse, does not refer the cov-
199–19, 66 FR 47118, Sept. 11, 2001] ered employee to the substance abuse
professional’s private practice or to a
§ 199.107 Drug testing laboratory. person or organization from which the
(a) Each operator shall use for the substance abuse professional receives
drug testing required by this part only remuneration or in which the sub-
drug testing laboratories certified by stance abuse professional has a finan-
the Department of Health and Human cial interest. This paragraph does not
Services under the DOT Procedures. prohibit a substance abuse professional
(b) The drug testing laboratory must from referring a covered employee for
permit— assistance provided through:
(1) Inspections by the operator before (1) A public agency, such as a State,
the laboratory is awarded a testing county, or municipality;
contract; and (2) The operator or a person under
(2) Unannounced inspections, includ- contract to provide treatment for drug
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§ 199.111 49 CFR Ch. I (10–1–07 Edition)

(3) The sole source of therapeutically the drug below the detection limits es-
appropriate treatment under the em- tablished in the DOT Procedures, but
ployee’s health insurance program; or equal to or greater than the estab-
(4) The sole source of therapeutically lished sensitivity of the assay, must, as
appropriate treatment reasonably ac- technically appropriate, be reported
cessible to the employee. and considered corroborative of the
original positive results.
[53 FR 47096, Nov. 21, 1988, as amended by
Amdt. 199–2, 54 FR 51850, Dec. 18, 1989; Amdt. [53 FR 47096, Nov. 21, 1988; 55 FR 797, Jan. 9,
199–15, 63 FR 13000, Mar. 17, 1998; Amdt. 199– 1990, as amended by Amdt. 199–17, 63 FR 7723,
15, 63 FR 36863, July 8, 1998. Redesignated and Feb. 17, 1998. Redesignated and amended by
amended by Amdt. 199–19, 66 FR 47118, Sept. Amdt. 199–19, 66 FR 47118, Sept. 11, 2001]
11, 2001]
§ 199.113 Employee assistance pro-
§ 199.111 Retention of samples and ad- gram.
ditional testing. (a) Each operator shall provide an
(a) Samples that yield positive re- employee assistance program (EAP) for
sults on confirmation must be retained its employees and supervisory per-
by the laboratory in properly secured, sonnel who will determine whether an
long-term, frozen storage for at least employee must be drug tested based on
365 days as required by the DOT Proce- reasonable cause. The operator may es-
dures. Within this 365-day period, the tablish the EAP as a part of its inter-
employee or the employee’s representa- nal personnel services or the operator
tive, the operator, the Administrator, may contract with an entity that pro-
or, if the operator is subject to the ju- vides EAP services. Each EAP must in-
risdiction of a state agency, the state clude education and training on drug
agency may request that the labora- use. At the discretion of the operator,
tory retain the sample for an addi- the EAP may include an opportunity
tional period. If, within the 365-day pe- for employee rehabilitation.
riod, the laboratory has not received a (b) Education under each EAP must
proper written request to retain the include at least the following elements:
sample for a further reasonable period display and distribution of informa-
specified in the request, the sample tional material; display and distribu-
may be discarded following the end of tion of a community service hot-line
the 365-day period. telephone number for employee assist-
(b) If the medical review officer ance; and display and distribution of
(MRO) determines there is no legiti- the employer’s policy regarding the use
mate medical explanation for a con- of prohibited drugs.
firmed positive test result other than (c) Training under each EAP for su-
the unauthorized use of a prohibited pervisory personnel who will determine
drug, and if timely additional testing is whether an employee must be drug
requested by the employee according to tested based on reasonable cause must
DOT Procedures, the split specimen include one 60-minute period of train-
must be tested. The employee may ing on the specific, contemporaneous
specify testing by the original labora- physical, behavioral, and performance
tory or by a second laboratory that is indicators of probable drug use.
certified by the Department of Health [53 FR 47096, Nov. 21, 1988. Redesignated by
and Human Services. The operator may Amdt. 199–19, 66 FR 47118, Sept. 11, 2001]
require the employee to pay in advance
the cost of shipment (if any) and rea- § 199.115 Contractor employees.
nalysis of the sample, but the employee With respect to those employees who
must be reimbursed for such expense if are contractors or employed by a con-
the additional test is negative. tractor, an operator may provide by
(c) If the employee specifies testing contract that the drug testing, edu-
by a second laboratory, the original cation, and training required by this
laboratory must follow approved chain- part be carried out by the contractor
of-custody procedures in transferring a provided:
portion of the sample. (a) The operator remains responsible
(d) Since some analytes may deterio- for ensuring that the requirements of
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Pipeline and Hazardous Materials Safety Administration, DOT § 199.119

(b) The contractor allows access to part 40 (at § 40.25 and appendix H to
property and records by the operator, Part 40), not later than March 15 of
the Administrator, and if the operator each year for the prior calendar year
is subject to the jurisdiction of a state (January 1 through December 31). The
agency, a representative of the state Administrator shall require by written
agency for the purpose of monitoring notice that small operators (50 or fewer
the operator’s compliance with the re- covered employees) not otherwise re-
quirements of this part. quired to submit annual MIS reports to
[53 FR 47096, Nov. 21, 1988. Redesignated by prepare and submit such reports to
Amdt. 199–19, 66 FR 47118, Sept. 11, 2001] PHMSA.
(b) Each report required under this
§ 199.117 Recordkeeping. section shall be submitted to the Office
(a) Each operator shall keep the fol- of Pipeline Safety, Pipeline and Haz-
lowing records for the periods specified ardous Materials Safety Administra-
and permit access to the records as tion, U.S. Department of Transpor-
provided by paragraph (b) of this sec- tation, Room 7128, 400 Seventh Street,
tion: SW, Washington, DC 20590.
(1) Records that demonstrate the col- (c) To calculate the total number of
lection process conforms to this part covered employees eligible for random
must be kept for at least 3 years. testing throughout the year, as an op-
(2) Records of employee drug test erator, you must add the total number
that indicate a verified positive result, of covered employees eligible for test-
records that demonstrate compliance ing during each random testing period
with the recommendations of a sub- for the year and divide that total by
stance abuse professional, and MIS an- the number of random testing periods.
nual report data shall be maintained Covered employees, and only covered
for a minimum of five years. employees, are to be in an employer’s
(3) Records of employee drug test re- random testing pool, and all covered
sults that show employees passed a employees must be in the random pool.
drug test must be kept for at least 1 If you are an employer conducting ran-
year. dom testing more often than once per
(4) Records confirming that super- month (e.g., you select daily, weekly,
visors and employees have been trained bi-weekly), you do not need to compute
as required by this part must be kept this total number of covered employees
for at least 3 years. rate more than on a once per month
(b) Information regarding an individ- basis.
ual’s drug testing results or rehabilita- (d) As an employer, you may use a
tion must be released upon the written service agent (e.g., C/TPA) to perform
consent of the individual and as pro- random selections for you; and your
vided by DOT Procedures. Statistical covered employees may be part of a
data related to drug testing and reha- larger random testing pool of covered
bilitation that is not name-specific and employees. However, you must ensure
training records must be made avail- that the service agent you use is test-
able to the Administrator or the rep- ing at the appropriate percentage es-
resentative of a state agency upon re- tablished for your industry and that
quest. only covered employees are in the ran-
[53 FR 47096, Nov. 21, 1988, as amended at 58 dom testing pool.
FR 68260, Dec. 23, 1993. Redesignated and (e) Each operator that has a covered
amended by Amdt. 199–19, 66 FR 47119, Sept. employee who performs multi-DOT
11, 2001; 68 FR 75465, Dec. 31, 2003] agency functions (e.g., an employee
performs pipeline maintenance duties
§ 199.119 Reporting of anti-drug test- and drives a commercial motor vehi-
ing results. cle), count the employee only on the
(a) Each large operator (having more MIS report for the DOT agency under
than 50 covered employees) shall sub- which he or she is randomly tested.
mit an annual MIS report to PHMSA of Normally, this will be the DOT agency
its anti-drug testing using the Manage- under which the employee performs
ment Information System (MIS) form more than 50% of his or her duties. Op-
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and instructions as required by 49 CFR erators may have to explain the testing

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§ 199.200 49 CFR Ch. I (10–1–07 Edition)

data for these employees in the event and rights with respect to alcohol test-
of a DOT agency inspection or audit. ing and rehabilitation.
(f) A service agent (e.g., Consortia/ (b) Operators may, but are not re-
Third Party Administrator as defined quired to, conduct pre-employment al-
in 49 CFR part 40) may prepare the MIS cohol testing under this subpart. Each
report on behalf of an operator. How- operator that conducts pre-employ-
ever, each report shall be certified by ment alcohol testing must—
the operator’s anti-drug manager or (1) Conduct a pre-employment alco-
designated representative for accuracy hol test before the first performance of
and completeness. covered functions by every covered em-
[68 FR 75465, Dec. 31, 2003, as amended by ployee (whether a new employee or
Amdt. 199–20, 69 FR 32898, June 14, 2004; 70 FR someone who has transferred to a posi-
11140, Mar. 8, 2005] tion involving the performance of cov-
ered functions);
Subpart C—Alcohol Misuse (2) Treat all covered employees the
Prevention Program same for the purpose of pre-employ-
ment alcohol testing (i.e., you must
not test some covered employees and
SOURCE: Amdt. 199–9, 59 FR 7430, Feb. 15, not others);
1994, unless otherwise noted. Redesignated
by Amdt. 199–19, 66 FR 47118, Sept. 11, 2001.
(3) Conduct the pre-employment tests
after making a contingent offer of em-
§ 199.200 Purpose. ployment or transfer, subject to the
employee passing the pre-employment
The purpose of this subpart is to es-
alcohol test;
tablish programs designed to help pre-
(4) Conduct all pre-employment alco-
vent accidents and injuries resulting
hol tests using the alcohol testing pro-
from the misuse of alcohol by employ-
cedures in DOT Procedures; and
ees who perform covered functions for
(5) Not allow any covered employee
operators of certain pipeline facilities
to begin performing covered functions
subject to parts 192, 193, or 195 of this
chapter. unless the result of the employee’s test
indicates an alcohol concentration of
§ 199.201 [Reserved] less than 0.04.
[Amdt. 199–9, 59 FR 7430, Feb. 15, 1994, as
§ 199.202 Alcohol misuse plan. amended by Amdt. 199–19, 66 FR 47119, Sept.
Each operator must maintain and 11, 2001]
follow a written alcohol misuse plan
that conforms to the requirements of § 199.211 Requirement for notice.
this part and DOT Procedures con- Before performing an alcohol test
cerning alcohol testing programs. The under this subpart, each operator shall
plan shall contain methods and proce- notify a covered employee that the al-
dures for compliance with all the re- cohol test is required by this subpart.
quirements of this subpart, including No operator shall falsely represent that
required testing, recordkeeping, re- a test is administered under this sub-
porting, education and training ele- part.
ments.
§ 199.213 [Reserved]
[Amdt. 199–9, 59 FR 7430, Feb. 15, 1994, as
amended by Amdt. 199–19, 66 FR 47119, Sept. § 199.215 Alcohol concentration.
11, 2001]
Each operator shall prohibit a cov-
§§ 199.203–199.205 [Reserved] ered employee from reporting for duty
or remaining on duty requiring the per-
§ 199.209 Other requirements imposed formance of covered functions while
by operators. having an alcohol concentration of 0.04
(a) Except as expressly provided in or greater. No operator having actual
this subpart, nothing in this subpart knowledge that a covered employee has
shall be construed to affect the author- an alcohol concentration of 0.04 or
ity of operators, or the rights of em- greater shall permit the employee to
ployees, with respect to the use or pos- perform or continue to perform covered
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Pipeline and Hazardous Materials Safety Administration, DOT § 199.225

§ 199.217 On-duty use. § 199.225 Alcohol tests required.


Each operator shall prohibit a cov- Each operator shall conduct the fol-
ered employee from using alcohol while lowing types of alcohol tests for the
performing covered functions. No oper- presence of alcohol:
ator having actual knowledge that a (a) Post-accident. (1) As soon as prac-
covered employee is using alcohol ticable following an accident, each op-
while performing covered functions erator shall test each surviving covered
employee for alcohol if that employee’s
shall permit the employee to perform
performance of a covered function ei-
or continue to perform covered func-
ther contributed to the accident or
tions. cannot be completely discounted as a
contributing factor to the accident.
§ 199.219 Pre-duty use.
The decision not to administer a test
Each operator shall prohibit a cov- under this section shall be based on the
ered employee from using alcohol with- operator’s determination, using the
in four hours prior to performing cov- best available information at the time
ered functions, or, if an employee is of the determination, that the covered
called to duty to respond to an emer- employee’s performance could not have
gency, within the time period after the contributed to the accident.
employee has been notified to report (2)(i) If a test required by this section
for duty. No operator having actual is not administered within 2 hours fol-
knowledge that a covered employee has lowing the accident, the operator shall
used alcohol within four hours prior to prepare and maintain on file a record
stating the reasons the test was not
performing covered functions or within
promptly administered. If a test re-
the time period after the employee has
quired by paragraph (a) is not adminis-
been notified to report for duty shall tered within 8 hours following the acci-
permit that covered employee to per- dent, the operator shall cease attempts
form or continue to perform covered to administer an alcohol test and shall
functions. state in the record the reasons for not
administering the test.
§ 199.221 Use following an accident. (ii) [Reserved]
Each operator shall prohibit a cov- (3) A covered employee who is subject
ered employee who has actual knowl- to post-accident testing who fails to re-
edge of an accident in which his or her main readily available for such testing,
performance of covered functions has including notifying the operator or op-
not been discounted by the operator as erator representative of his/her loca-
a contributing factor to the accident tion if he/she leaves the scene of the ac-
from using alcohol for eight hours fol- cident prior to submission to such test,
lowing the accident, unless he or she may be deemed by the operator to have
has been given a post-accident test refused to submit to testing. Nothing
under § 199.225(a), or the operator has in this section shall be construed to re-
determined that the employee’s per- quire the delay of necessary medical
formance could not have contributed to attention for injured people following
an accident or to prohibit a covered
the accident.
employee from leaving the scene of an
§ 199.223 Refusal to submit to a re- accident for the period necessary to ob-
quired alcohol test. tain assistance in responding to the ac-
cident or to obtain necessary emer-
Each operator shall require a covered gency medical care.
employee to submit to a post-accident (b) Reasonable suspicion testing. (1)
alcohol test required under § 199.225(a), Each operator shall require a covered
a reasonable suspicion alcohol test re- employee to submit to an alcohol test
quired under § 199.225(b), or a follow-up when the operator has reasonable sus-
alcohol test required under § 199.225(d). picion to believe that the employee has
No operator shall permit an employee violated the prohibitions in this sub-
who refuses to submit to such a test to part.
perform or continue to perform covered (2) The operator’s determination that
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§ 199.225 49 CFR Ch. I (10–1–07 Edition)

the covered employee to undergo an al- (A) An alcohol test is administered


cohol test shall be based on specific, and the employee’s alcohol concentra-
contemporaneous, articulable observa- tion measures less than 0.02; or
tions concerning the appearance, be- (B) The start of the employee’s next
havior, speech, or body odors of the regularly scheduled duty period, but
employee. The required observations not less than 8 hours following the de-
shall be made by a supervisor who is termination under paragraph (b)(2) of
trained in detecting the symptoms of this section that there is reasonable
alcohol misuse. The supervisor who suspicion to believe that the employee
makes the determination that reason- has violated the prohibitions in this
able suspicion exists shall not conduct subpart.
the breath alcohol test on that em- (iv) Except as provided in paragraph
ployee. (b)(4)(ii), no operator shall take any ac-
(3) Alcohol testing is authorized by tion under this subpart against a cov-
this section only if the observations re- ered employee based solely on the em-
quired by paragraph (b)(2) of this sec- ployee’s behavior and appearance in
tion are made during, just preceding,
the absence of an alcohol test. This
or just after the period of the work day
does not prohibit an operator with the
that the employee is required to be in
authority independent of this subpart
compliance with this subpart. A cov-
ered employee may be directed by the from taking any action otherwise con-
operator to undergo reasonable sus- sistent with law.
picion testing for alcohol only while (c) Return-to-duty testing. Each oper-
the employee is performing covered ator shall ensure that before a covered
functions; just before the employee is employee returns to duty requiring the
to perform covered functions; or just performance of a covered function after
after the employee has ceased per- engaging in conduct prohibited by
forming covered functions. §§ 199.215 through 199.223, the employee
(4)(i) If a test required by this section shall undergo a return-to-duty alcohol
is not administered within 2 hours fol- test with a result indicating an alcohol
lowing the determination under para- concentration of less than 0.02.
graph (b)(2) of this section, the oper- (d) Follow-up testing. (1) Following a
ator shall prepare and maintain on file determination under § 199.243(b) that a
a record stating the reasons the test covered employee is in need of assist-
was not promptly administered. If a ance in resolving problems associated
test required by this section is not ad- with alcohol misuse, each operator
ministered within 8 hours following the shall ensure that the employee is sub-
determination under paragraph (b)(2) of ject to unannounced follow-up alcohol
this section, the operator shall cease testing as directed by a substance
attempts to administer an alcohol test abuse professional in accordance with
and shall state in the record the rea- the provisions of § 199.243(c)(2)(ii).
sons for not administering the test. (2) Follow-up testing shall be con-
Records shall be submitted to PHMSA ducted when the covered employee is
upon request of the Administrator. performing covered functions; just be-
(ii) [Reserved] fore the employee is to perform cov-
(iii) Notwithstanding the absence of a ered functions; or just after the em-
reasonable suspicion alcohol test under ployee has ceased performing such
this section, an operator shall not per- functions.
mit a covered employee to report for
(e) Retesting of covered employees with
duty or remain on duty requiring the
an alcohol concentration of 0.02 or greater
performance of covered functions while
but less than 0.04. Each operator shall
the employee is under the influence of
retest a covered employee to ensure
or impaired by alcohol, as shown by
the behavioral, speech, or performance compliance with the provisions of
indicators of alcohol misuse, nor shall § 199.237, if an operator chooses to per-
an operator permit the covered em- mit the employee to perform a covered
ployee to perform or continue to per- function within 8 hours following the
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Pipeline and Hazardous Materials Safety Administration, DOT § 199.229

administration of an alcohol test indi- (ii) Documents related to the refusal


cating an alcohol concentration of 0.02 of any covered employee to submit to
or greater but less than 0.04. an alcohol test required by this sub-
[Amdt. 199–9, 59 FR 7430, Feb. 15, 1994, as
part.
amended at 59 FR 62239 and 62246, Dec. 2, (iii) Documents presented by a cov-
1994; Amdt. 199–19, 66 FR 47119, Sept. 11, 2001; ered employee to dispute the result of
70 FR 11140, Mar. 8, 2005] an alcohol test administered under this
subpart.
§ 199.227 Retention of records. (3) Records related to other viola-
(a) General requirement. Each operator tions of this subpart.
shall maintain records of its alcohol (4) Records related to evaluations:
misuse prevention program as provided (i) Records pertaining to a deter-
in this section. The records shall be mination by a substance abuse profes-
maintained in a secure location with sional concerning a covered employee’s
controlled access. need for assistance.
(b) Period of retention. Each operator (ii) Records concerning a covered em-
shall maintain the records in accord- ployee’s compliance with the rec-
ance with the following schedule: ommendations of the substance abuse
(1) Five years. Records of employee al- professional.
cohol test results with results indi- (5) Record(s) related to the operator’s
cating an alcohol concentration of 0.02 MIS annual testing data.
or greater, documentation of refusals (6) Records related to education and
to take required alcohol tests, calibra- training:
tion documentation, employee evalua- (i) Materials on alcohol misuse
tion and referrals, and MIS annual re- awareness, including a copy of the op-
port data shall be maintained for a erator’s policy on alcohol misuse.
minimum of five years. (ii) Documentation of compliance
(2) Two years. Records related to the with the requirements of § 199.231.
collection process (except calibration (iii) Documentation of training pro-
of evidential breath testing devices), vided to supervisors for the purpose of
and training shall be maintained for a qualifying the supervisors to make a
minimum of two years. determination concerning the need for
(3) One year. Records of all test re- alcohol testing based on reasonable
sults below 0.02 (as defined in 49 CFR suspicion.
part 40) shall be maintained for a min- (iv) Certification that any training
imum of one year. conducted under this subpart complies
(c) Types of records. The following with the requirements for such train-
specific records shall be maintained: ing.
(1) Records related to the collection
process: § 199.229 Reporting of alcohol testing
(i) Collection log books, if used. results.
(ii) Calibration documentation for (a) Each large operator (having more
evidential breath testing devices. than 50 covered employees) shall sub-
(iii) Documentation of breath alcohol mit an annual MIS report to PHMSA of
technician training. its alcohol testing results using the
(iv) Documents generated in connec- Management Information System
tion with decisions to administer rea- (MIS) form and instructions as re-
sonable suspicion alcohol tests. quired by 49 CFR part 40 (at § 40.25 and
(v) Documents generated in connec- appendix H to part 40), not later than
tion with decisions on post- accident March 15 of each year for the previous
tests. calendar year (January 1 through De-
(vi) Documents verifying existence of cember 31). The Administrator may re-
a medical explanation of the inability quire by written notice that small op-
of a covered employee to provide ade- erators (50 or fewer covered employees)
quate breath for testing. not otherwise required to submit an-
(2) Records related to test results: nual MIS reports to prepare and submit
(i) The operator’s copy of the alcohol such reports to PHMSA.
test form, including the results of the (b) Each operator that has a covered
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§ 199.231 49 CFR Ch. I (10–1–07 Edition)

agency functions (e.g., an employee alcohol testing conducted under this


performs pipeline maintenance duties subpart and any other information per-
and drives a commercial motor vehi- taining to the operator’s alcohol mis-
cle), count the employee only on the use prevention program, when re-
MIS report for the DOT agency under quested by the Secretary of Transpor-
which he or she is tested. Normally, tation, any DOT agency with regu-
this will be the DOT agency under latory authority over the operator, or
which the employee performs more a representative of a state agency with
than 50% of his or her duties. Operators regulatory authority over the operator.
may have to explain the testing data
The information shall include name-
for these employees in the event of a
specific alcohol test results, records,
DOT agency inspection or audit.
(c) Each report required under this and reports.
section shall be submitted to the Office (e) When requested by the National
of Pipeline Safety, Pipeline and Haz- Transportation Safety Board as part of
ardous Materials Safety Administra- an accident investigation, an operator
tion, U.S. Department of Transpor- shall disclose information related to
tation, Room 7128, 400 Seventh Street, the operator’s administration of any
SW, Washington, DC 20590. post- accident alcohol tests adminis-
(d) A service agent (e.g., Consortia/ tered following the accident under in-
Third Party Administrator as defined vestigation.
in part 40) may prepare the MIS report (f) An operator shall make records
on behalf of an operator. However, each available to a subsequent employer
report shall be certified by the opera- upon receipt of the written request
tor’s anti-drug manager or designated from the covered employee. Disclosure
representative for accuracy and com- by the subsequent employer is per-
pleteness. mitted only as expressly authorized by
[68 FR 75466, Dec. 31, 2003, as amended by the terms of the employee’s written re-
Amdt. 199–20, 69 FR 32898, June 14, 2004; 70 FR quest.
11140, Mar. 8, 2005] (g) An operator may disclose infor-
§ 199.231 Access to facilities and mation without employee consent as
records. provided by DOT Procedures con-
cerning certain legal proceedings.
(a) Except as required by law or ex-
(h) An operator shall release informa-
pressly authorized or required in this
subpart, no employer shall release cov- tion regarding a covered employee’s
ered employee information that is con- records as directed by the specific,
tained in records required to be main- written consent of the employee au-
tained in § 199.227. thorizing release of the information to
(b) A covered employee is entitled, an identified person. Release of such
upon written request, to obtain copies information by the person receiving
of any records pertaining to the em- the information is permitted only in
ployee’s use of alcohol, including any accordance with the terms of the em-
records pertaining to his or her alcohol ployee’s consent.
tests. The operator shall promptly pro-
[Amdt. 199–9, 59 FR 7430, Feb. 15, 1994, as
vide the records requested by the em- amended by Amdt. 199–19, 66 FR 47119, Sept.
ployee. Access to an employee’s records 11, 2001]
shall not be contingent upon payment
for records other than those specifi- § 199.233 Removal from covered func-
cally requested. tion.
(c) Each operator shall permit access
to all facilities utilized in complying Except as provided in §§ 199.239
with the requirements of this subpart through 199.243, no operator shall per-
to the Secretary of Transportation, mit any covered employee to perform
any DOT agency, or a representative of covered functions if the employee has
a state agency with regulatory author- engaged in conduct prohibited by
ity over the operator. §§ 199.215 through 199.223 or an alcohol
(d) Each operator shall make avail- misuse rule of another DOT agency.
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able copies of all results for employer

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Pipeline and Hazardous Materials Safety Administration, DOT § 199.239

§ 199.235 Required evaluation and test- ees shall include detailed discussion of
ing. at least the following:
No operator shall permit a covered (1) The identity of the person des-
employee who has engaged in conduct ignated by the operator to answer cov-
prohibited by §§ 199.215 through 199.223 ered employee questions about the ma-
to perform covered functions unless the terials.
employee has met the requirements of (2) The categories of employees who
§ 199.243. are subject to the provisions of this
subpart.
§ 199.237 Other alcohol-related con- (3) Sufficient information about the
duct. covered functions performed by those
employees to make clear what period
(a) No operator shall permit a cov- of the work day the covered employee
ered employee tested under the provi- is required to be in compliance with
sions of § 199.225, who is found to have this subpart.
an alcohol concentration of 0.02 or (4) Specific information concerning
greater but less than 0.04, to perform or covered employee conduct that is pro-
continue to perform covered functions, hibited by this subpart.
until: (5) The circumstances under which a
(1) The employee’s alcohol concentra- covered employee will be tested for al-
tion measures less than 0.02 in accord- cohol under this subpart.
ance with a test administered under (6) The procedures that will be used
§ 199.225(e); or to test for the presence of alcohol, pro-
(2) The start of the employee’s next tect the covered employee and the in-
regularly scheduled duty period, but tegrity of the breath testing process,
not less than eight hours following ad- safeguard the validity of the test re-
ministration of the test. sults, and ensure that those results are
(b) Except as provided in paragraph attributed to the correct employee.
(a) of this section, no operator shall (7) The requirement that a covered
take any action under this subpart employee submit to alcohol tests ad-
against an employee based solely on ministered in accordance with this sub-
test results showing an alcohol con- part.
centration less than 0.04. This does not (8) An explanation of what con-
prohibit an operator with authority stitutes a refusal to submit to an alco-
independent of this subpart from tak- hol test and the attendant con-
ing any action otherwise consistent sequences.
with law. (9) The consequences for covered em-
ployees found to have violated the pro-
§ 199.239 Operator obligation to pro- hibitions under this subpart, including
mulgate a policy on the misuse of
alcohol. the requirement that the employee be
removed immediately from covered
(a) General requirements. Each oper- functions, and the procedures under
ator shall provide educational mate- § 199.243.
rials that explain these alcohol misuse (10) The consequences for covered
requirements and the operator’s poli- employees found to have an alcohol
cies and procedures with respect to concentration of 0.02 or greater but less
meeting those requirements. than 0.04.
(1) The operator shall ensure that a (11) Information concerning the ef-
copy of these materials is distributed fects of alcohol misuse on an individ-
to each covered employee prior to start ual’s health, work, and personal life;
of alcohol testing under this subpart, signs and symptoms of an alcohol prob-
and to each person subsequently hired lem (the employee’s or a coworker’s);
for or transferred to a covered position. and including intervening evaluating
(2) Each operator shall provide writ- and resolving problems associated with
ten notice to representatives of em- the misuse of alcohol including inter-
ployee organizations of the availability vening when an alcohol problem is sus-
of this information. pected, confrontation, referral to any
(b) Required content. The materials to available EAP, and/or referral to man-
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§ 199.241 49 CFR Ch. I (10–1–07 Edition)

(c) Optional provisions. The materials the employee has properly followed any
supplied to covered employees may rehabilitation program prescribed
also include information on additional under paragraph (b) of this section, and
operator policies with respect to the (ii) Shall be subject to unannounced
use or possession of alcohol, including follow-up alcohol tests administered by
any consequences for an employee the operator following the employee’s
found to have a specified alcohol level, return to duty. The number and fre-
that are based on the operator’s au- quency of such follow-up testing shall
thority independent of this subpart. be determined by a substance abuse
Any such additional policies or con- professional, but shall consist of at
sequences shall be clearly described as least six tests in the first 12 months
being based on independent authority. following the employee’s return to
duty. In addition, follow-up testing
§ 199.241 Training for supervisors. may include testing for drugs, as di-
Each operator shall ensure that per- rected by the substance abuse profes-
sons designated to determine whether sional, to be performed in accordance
reasonable suspicion exists to require a with 49 CFR part 40. Follow-up testing
covered employee to undergo alcohol shall not exceed 60 months from the
testing under § 199.225(b) receive at date of the employee’s return to duty.
least 60 minutes of training on the The substance abuse professional may
physical, behavioral, speech, and per- terminate the requirement for follow-
formance indicators of probable alco- up testing at any time after the first
hol misuse. six tests have been administered, if the
substance abuse professional deter-
§ 199.243 Referral, evaluation, and mines that such testing is no longer
treatment. necessary.
(a) Each covered employee who has (d) Evaluation and rehabilitation
engaged in conduct prohibited by may be provided by the operator, by a
§§ 199.215 through 199.223 of this subpart substance abuse professional under
shall be advised of the resources avail- contract with the operator, or by a sub-
able to the covered employee in evalu- stance abuse professional not affiliated
ating and resolving problems associ- with the operator. The choice of sub-
ated with the misuse of alcohol, includ- stance abuse professional and assign-
ing the names, addresses, and tele- ment of costs shall be made in accord-
phone numbers of substance abuse pro- ance with the operator/employee agree-
fessionals and counseling and treat- ments and operator/employee policies.
ment programs. (e) The operator shall ensure that a
(b) Each covered employee who en- substance abuse professional who de-
gages in conduct prohibited under termines that a covered employee re-
§§ 199.215 through 199.223 shall be evalu- quires assistance in resolving problems
ated by a substance abuse professional with alcohol misuse does not refer the
who shall determine what assistance, if employee to the substance abuse pro-
any, the employee needs in resolving fessional’s private practice or to a per-
problems associated with alcohol mis- son or organization from which the
use. substance abuse professional receives
(c)(1) Before a covered employee re- remuneration or in which the sub-
turns to duty requiring the perform- stance abuse professional has a finan-
ance of a covered function after engag- cial interest. This paragraph does not
ing in conduct prohibited by §§ 199.215 prohibit a substance abuse professional
through 199.223 of this subpart, the em- from referring an employee for assist-
ployee shall undergo a return-to-duty ance provided through—
alcohol test with a result indicating an (1) A public agency, such as a State,
alcohol concentration of less than 0.02. county, or municipality;
(2) In addition, each covered em- (2) The operator or a person under
ployee identified as needing assistance contract to provide treatment for alco-
in resolving problems associated with hol problems on behalf of the operator;
alcohol misuse— (3) The sole source of therapeutically
(i) Shall be evaluated by a substance appropriate treatment under the em-
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Pipeline and Hazardous Materials Safety Administration, DOT § 199.245

(4) The sole source of therapeutically this subpart and part 40 of this title are
appropriate treatment reasonably ac- complied with; and
cessible to the employee. (c) The contractor allows access to
property and records by the operator,
§ 199.245 Contractor employees.
the Administrator, any DOT agency
(a) With respect to those covered em- with regulatory authority over the op-
ployees who are contractors or em- erator or covered employee, and, if the
ployed by a contractor, an operator operator is subject to the jurisdiction
may provide by contract that the alco- of a state agency, a representative of
hol testing, training and education re- the state agency for the purposes of
quired by this subpart be carried out
monitoring the operator’s compliance
by the contractor provided:
(b) The operator remains responsible with the requirements of this subpart
for ensuring that the requirements of and part 40 of this title.
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FINDING AIDS

A list of CFR titles, subtitles, chapters, subchapters and parts and an alphabet-
ical list of agencies publishing in the CFR are included in the CFR Index and
Finding Aids volume to the Code of Federal Regulations which is published sepa-
rately and revised annually.
Material Approved for Incorporation by Reference
Table of CFR Titles and Chapters
Alphabetical List of Agencies Appearing in the CFR
List of CFR Sections Affected
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Material Approved for Incorporation by Reference
(Revised as of October 1, 2007)

The Director of the Federal Register has approved under 5 U.S.C. 552(a) and
1 CFR part 51 the incorporation by reference of the following publications. This
list contains only those incorporations by reference effective as of the revision
date of this volume. Incorporations by reference found within a regulation are
effective upon the effective date of that regulation. For more information on
incorporation by reference, see the preliminary pages of this volume.
49 CFR (Parts 186–199)
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION (PIPELINE SAFETY REGULATIONS)
49 CFR
American Gas Association
400 North Capitol Street NW, Washington, DC 20001 or from ILI
Infodisk, Inc., 610 Winters Avenue, Paramus, NJ 07652
AGA Pipeline Research Committee, Project PR–3–805, A Modified 192.933(a);
Criterion for Evaluating the Remaining Strength of Corroded Pipe, 192.485(c); 195.3;
December 1989. 195.452 (h)(4)(i)(B)
AGA Purging Principles and Practice, Third edition, 2001 .................... 193.2013; 193.2513;
193.2517;
193.2615
American National Standards Institute (ANSI)
25 West 43rd Street, Fourth floor, New York, NY 10036 Telephone:
(212) 642–4900
ANSI B 16.9–78 Factory Made Wrought Steel Butt-Welding Fittings 195.118
ANSI B 31.4–79 Liquid Petroleum Transportation Piping Systems 195.110
American Petroleum Institute
1220 L St. NW., Washington, DC 20005–4070; Telephone: (202)
682–8000
API Specification 5L ‘‘Specification for Line Pipe’’ 43rd edition and 192.7; 192.55(e);
errata (2004). 192.113; Item I of
Appendix B part
192; 195.3;
195.106
API Recommended Practice 5L1 ‘‘Recommended Practice for Railroad 192.7; 192.65
Transportation of Line Pipe’’ (6th edition, 1992).
API Specification 6D ‘‘Specification for Pipeline Valves (Gate, Plug, 192.7; 192.145;
Ball, and Check Valves)’’ (22nd edition, 2002. Also issued as ISO 195.3; 195.116
14313–1999).
API Specification 12 F ‘‘Specification for Shop Welded Tanks for 195.3; 195.132;
Storage of Production Liquids’’ (11th edition, November 1, 1994). 195.205; 195.264;
195.307; 195.565;
195.579
API Recommended Practice 80 ‘‘Guidelines for the Definition of On- 192.7; 192.8
shore Gas Gathering Lines,’’ First edition, April 2000.
API Standard 510 ‘‘Pressure Vessel Inspection Code: Maintenance 195.3; 195.205;
Inspection, Rating, Repair, and Alteration’’ (8th edition, June 1997, 195.432
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and Addenda 1 through 4).

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Title 49–Transportation
49 CFR (Parts 186–199)—Continued
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION (PIPELINE SAFETY REGULATIONS)—Continued
49 CFR
API Standard 620 ‘‘Design and Construction of Large, Welded, Low- 195.3; 195.132;
Pressure Storage Tanks’’ (10th edition, 2002). 195.205; 195.264;
195.307
API Standard 650 ‘‘Welded Steel Tanks for Oil Storage’’ Tenth edition, 195.3; 195.132;
1998, with Addendum 1 dated January 2000, Addendum 2 dated 195.205; 195.264;
November 2001, and Addendum 3 dated September 2003. 195.307; 195.565;
195.579
API Standard 651 ‘‘Cathodic Protection of Aboveground Petroleum 195.3; 195.565;
Storage Tanks’’ (2nd edition, December 1997). 195.579
API Standard 652 ‘‘Lining of Aboveground Petroleum Storage Tank 195.3; 195.579
Bottoms’’ (2nd edition, December 1997).
API Standard 653 ‘‘Tank Inspection, Repair, Alteration, and Recon- 195.3; 195.205;
struction’’ (3rd edition, 2001, and Addendum 1, 2003). 195.432
API Standard 1104 ‘‘Welding of Pipelines and Related Facilities’’ 192.7; 192.227(a);
(19th edition, 1999, including its October 31, 2001 errata). 192.229(c)(1);
192.241(c); Item
II, Appendix B to
Part 192; 195.3;
195.222; 195.228
API 1130, ‘‘Computational Pipeline Monitoring for Liquid Pipelines’’, 195.3, 195.134,
Second edition, 2002. 195.444
API Recommended Practice 1162, ‘‘Public Awareness Programs for 192.7; 192.616;
Pipeline Operators,’’ First Edition, December 2003. 195.3; 195.440
API Standard 2000 ‘‘Venting Atmospheric and Low-Pressure Storage 195.3; 195.264
Tanks’’ (5th edition, 1998 and errata).
API Standard 2003 ‘‘Protection Against Ignitions Arising out of Static, 195.3; 195.405
Lightning, and Stray Currents’’ (6th edition, December 1998).
API Standard 2026 ‘‘Safe Access/Egress Involving Floating Roofs of 195.3; 195.405
Storage Tanks in Petroleum Service’’ (2nd edition, April 1998).
API Standard 2350 ‘‘Overfill Protection for Storage Tanks in Petro- 195.3; 195.428
leum Facilities’’ (2nd edition, January 1996).
API Standard 2510 ‘‘Design and Construction of LPG Installations 195.3; 195.132;
(8th edition, 2001). 195.205; 195.264;
195.307; 195.428;
195.432
American Society of Civil Engineers (ASCE)
Parallel Centre, 1801 Alexander Bell Drive, Reston, Virginia 20191-
4400
ASCE 7–02 ‘‘Minimum Design Loads for Buildings and Other Struc- 193.2013; 193.2067
tures’’ (Second edition, 2002).
American Society of Mechanical Engineers (ASME)
Three Park Avenue, New York, NY 10016–5990; Telephone: (800)
THE–ASME
Boiler and Pressure Vessel Code:
Section I, Division I: Rules for Construction of Power Boilers, includ- 192.7; 192.153(a)
ing Addenda through 2005.
Section VIII, Division 1, Rules for Construction of Pressure Vessels 192.7; 192.153;
(2004, including Addenda through July 1, 2005). 192.165; 193.2013;
193.2321; 195.3;
195.124; 195.307
Section VIII, Division 2, Rules for Construction of Pressure Vessels: 192.7; 192.153;
Alternative Rules, including Addenda through July 1, 2005. 192.165; 193.2321;
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195.3; 195.307

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Material Approved for Incorporation by Reference
49 CFR (Parts 186–199)—Continued
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION (PIPELINE SAFETY REGULATIONS)—Continued
49 CFR
Section IX Welding and Brazing Qualifications (2001), including Ad- 192.7; 192.227; Item
denda through July 1, 2005. II, Appendix B to
part 192; 195.3;
195.222
ASME/ANSI B16.1 Cast Iron Pipe Flanges and Flanged Fittings (1998) 192.7; 192.147(c)
ASME/ANSI B16.5-2003 Pipe Flanges and Flanged Fittings (October 192.7; 192.147;
2004). 192.279
ASME/ANSI B16.9-2003 Factory-Made Wrought Steel Butt Welding 195.3; 195.118
Fittings (February 2004).
ASME/ANSI B31.4 Pipeline Transportation Systems for Liquid Hydro- 195.3;
carbons and Other Liquids, 2002. 195.452(h)(4)(i)(B)
ASME/ANSI B31.8-2003 Gas Transmission and Distribution Piping 192.619; 195.3;
Systems (Published February 2004). 195.5; 195.406
ASME/ANSI B31.8S-2004 (Supplement to B31.8), Managing System 192.7; 192.903;
Integrity of Gas Pipelines,. 192.907; 192.911;
192.913; 192.917;
192.921; 192.923;
192.925; 192.927;
192.929; 192.933;
192.935; 192.937;
192.939; 192.945
ASME/ANSI B31G, Manual for Determining the Remaining Strength 192.485; 192.933;
of Corroded Pipelines, 1991 (Reaffirmed 2004). 195.3; 195.452
(h)(4)(i)(B);
195.452
(h)(4)(iii)(D)
American Society for Testing and Materials
100 Barr Harbor Drive, West Conshohocken, PA, 19428-2959, Tele-
phone (610) 832-9585, FAX (610) 832-9555
Noncurrent ASTM standards are available from: Engineering Soci-
eties Library, 345 E. 47th St., New York, NY 10017.
ASTM A 53/A53M–04a Standard Specification for Pipe, Steel, Black 192.7; 192.113; item
and Hot-Dipped, Zinc-Coated, Welded and Seamless. I, Appendix B to
part 192; 195.3;
195.106
ASTM A 106/A 106M-04b, Standard Specification for Seamless Car- 192.7; 192.113; Item
bon Steel Pipe for High-Temperature Service. I, Appendix B to
Part 192; 195.3;
195.106
ASTM A 333/A 333M–05 Standard Specification for Seamless and 192.7; 192.113; Item
Welded Steel Pipe for Low-Temperature Service. 1, Appendix B to
part 192; 195.3;
195.106
ASTM A 372/A 372M–03 Standard Specification for Carbon and 192.7; 192.177
Alloy Steel Forgings for Thin-Walled Pressure Vessels.
ASTM A 381–96 (Reapproved 2001) Standard Specification for Metal- 192.7; 192.113; Item
Arc-Welded Steel Pipe for Use With High-Pressure Transmission 1, Appendix B to
Systems. part 192; 195.3;
195.106
ASTM A 671–04 Standard Specification for Electric-Fusion-Welded 192.7; 192.113; Item
Steel Pipe for Atmospheric and Lower Temperatures. 1, Appendix B to
part 192; 195.3;
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195.106

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Title 49–Transportation
49 CFR (Parts 186–199)—Continued
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION (PIPELINE SAFETY REGULATIONS)—Continued
49 CFR
ASTM A 672–96 (Reapproved 2001) Standard Specification for Elec- 192.7; 192.113; Item
tric-Fusion-Welded Steel Pipe for High-Pressure Service at Moderate I, Appendix B to
Temperatures. part 192; 195.3;
195.106
ASTM A 691–98 (Reapproved 2002) Standard Specification for Carbon 192.7; 192.113; Item
and Alloy Steel Pipe, Electric-Fusion-Welded for High-Pressure 1, Appendix B to
Service at High Temperatures. part 192; 195.3;
195.106
ASTM D 638–03 Standard Test Method for Tensile Properties of 192.7; 192.283(a)(3);
Plastics. 192.283(b)(1)
ASTM D 2513–87 Standard Specification for Thermoplastic Gas Pres- 192.7; 192.63(a)(1)
sure Pipe, Tubing, and Fittings.
ASTM D 2513–99 Standard Specification for Thermoplastic Gas Pres- 192.7; 192.191(b);
sure Pipe, Tubing, and Fittings. 192.281(b)(2);
192.283(a)(1)(i);
Item 1, Appendix
B to part 192
ASTM D 2517–2000 Standard Specification for Reinforced Epoxy 192.7; 192.191;
Resin Gas Pressure Pipe and Fittings. 192.281; 192.283;
Item 1, Appendix
B to part 192
ASTM F 1055 Standard Specification for Electrofusion Type Poly- 192.7; 192.283
ethylene Fittings for Outside Diameter Controlled Polyethylene Pipe
and Tubing (1998).
Gas Technology Institute (GTI)
1700 S. Mount Prospect Road, Des Plaines, IL 60018
GRI–89/0176, LNGFIRE: A Thermal Radiation Model for LNG Fires, 193.2057
June 29, 1990.
GRI–96/0396.5—Evaluation of Mitigation Methods for Accidential 193.2059
LNG Releases, Volume 5: Using FEM3A for LNG Accident Con-
sequence Analyses, April 1997.
GRI–02/0057—Final Report: Internal Corrosion Direct Assessment of 192.7; 192.927
Gas Transmission Pipelines—Methodology, Published April 1, 2002.
GTI–04/0049; DEGADIS 2.1 ‘‘Dense Gas Dispersion Model for LNG 193.2013; 193.2059
Vapor Dispersion,’’ April 2004.
Manufacturers Standardization Society of the Valve and Fittings Industry, Inc.
127 Park Street NE, Vienna, Virginia 22180
MSS SP–44–96 Steel Pipe Line Flanges 1996, (Reaffirmed 2001) .......... 192.147
MSS SP–75 Specification for High-Test Wrought Butt Welding Fit- 195.3; 195.118
tings, 2004.
NACE International
1440 South Creek Drive, Houston, TX 77084
NACE Standard RP0169–2002, Control of External Corrosion on Un- 195.3; 195.571;
derground or Submerged Metallic Piping Systems. 195.573(a)(2)
NACE RP–0502–2002: NACE Standard Recommended Practice: Pipe- 192.923; 192.925;
line External Corrosion Direct Assessment Methodology. 192.931; 192.935;
192.939; 195.3;
195.588
National Fire Protection Association
1 Batterymarch Park, Quincy, MA 02269–9101, Telephone: (800)
344-3555
ANSI/NFPA 30 Flammable and Combustible Liquids Code, 2003 ......... 192.7; 192.735(b);
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195.264

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Material Approved for Incorporation by Reference
49 CFR (Parts 186–199)—Continued
RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION (PIPELINE SAFETY REGULATIONS)—Continued
49 CFR
ANSI/NFPA 58 Liquefied Petroleum Gas Code (LP-Gas Code), 2004 192.7; 192.11
ANSI/NFPA 59 Utility LP-Gas Plant Code, 2004 ..................................... 192.7; 192.11
ANSI/NFPA 59A Standard for the Production, Storage, and Handling 193.2013; 193.2019;
of Liquefied Natural Gas (LNG), 2001 edition. 193.2051;
193.2057;
193.2059;
193.2101;
193.2301;
193.2303;
193.2401;
193.2521;
193.2639;
193.2801
NFPA 59A Storage and Handling Liquefied Natural Gas, 1972 .............. 193.2005(c)
NFPA 59A Standard for the Production, Storage, and Handling of 193.2019
Liquefied Natural Gas (LNG), 1996.
ANSI/NFPA 70 National Electrical Code, 2005 ....................................... 192.7; 192.163;
192.189
Plastic Pipe Institute, Inc. (PPI)
1825 Connecticut Avenue NW, Suite 680, Washington DC, 20009
PPI TR-3/2004 ‘‘Policies and Procedures for Developing Hydrostatic 192.7; 192.121
Design Bases (HDB), Pressure Design Bases (PDB), and Minimum
Required Strength (MRS) Ratings for Thermoplastic Piping Materials
or pipe’’.
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Table of CFR Titles and Chapters
(Revised as of October 1, 2007)

Title 1—General Provisions

I Administrative Committee of the Federal Register (Parts 1—49)


II Office of the Federal Register (Parts 50—299)
IV Miscellaneous Agencies (Parts 400—500)

Title 2—Grants and Agreements

SUBTITLE A—OFFICE OF MANAGEMENT AND BUDGET GUIDANCE FOR


GRANTS AND AGREEMENTS
I Office of Management and Budget Governmentwide Guidance for
Grants and Agreements (Parts 100—199)
II Office of Management and Budget Circulars and Guidance (200—
299)
SUBTITLE B—FEDERAL AGENCY REGULATIONS FOR GRANTS AND
AGREEMENTS
III Department of Health and Human Services (Parts 300—399)
VI Department of State (Parts 600—699)
VIII Department of Veterans Affairs (Parts 800—899)
IX Department of Energy (Parts 900—999)
XI Department of Defense (Parts 1100—1199)
XIV Department of the Interior (Parts 1400—1499)
XV Environmental Protection Agency (Parts 1500—1599)
XVIII National Aeronautics and Space Administration (Parts 1880—
1899)
XXII Corporation for National and Community Service (Parts 2200—
2299)
XXV National Science Foundation (Parts 2500—2599)
XXVI National Archives and Records Administration (Parts 2600—2699)
XXVII Small Business Administration (Parts 2700—2799)
XXVIII Department of Justice (Parts 2800—2899)
XXXII National Endowment for the Arts (Parts 3200—3299)
XXXIII National Endowment for the Humanities (Parts 3300—3399)
XXXV Export-Import Bank of the United States (Parts 3500—3599)
XXXVII Peace Corps (Parts 3700—3799)

Title 3—The President


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I Executive Office of the President (Parts 100—199)

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Title 4—Accounts
Chap.

I Government Accountability Office (Parts 1—99)

Title 5—Administrative Personnel

I Office of Personnel Management (Parts 1—1199)


II Merit Systems Protection Board (Parts 1200—1299)
III Office of Management and Budget (Parts 1300—1399)
V The International Organizations Employees Loyalty Board
(Parts 1500—1599)
VI Federal Retirement Thrift Investment Board (Parts 1600—1699)
VIII Office of Special Counsel (Parts 1800—1899)
IX Appalachian Regional Commission (Parts 1900—1999)
XI Armed Forces Retirement Home (Parts 2100—2199)
XIV Federal Labor Relations Authority, General Counsel of the Fed-
eral Labor Relations Authority and Federal Service Impasses
Panel (Parts 2400—2499)
XV Office of Administration, Executive Office of the President
(Parts 2500—2599)
XVI Office of Government Ethics (Parts 2600—2699)
XXI Department of the Treasury (Parts 3100—3199)
XXII Federal Deposit Insurance Corporation (Parts 3200—3299)
XXIII Department of Energy (Parts 3300—3399)
XXIV Federal Energy Regulatory Commission (Parts 3400—3499)
XXV Department of the Interior (Parts 3500—3599)
XXVI Department of Defense (Parts 3600—3699)
XXVIII Department of Justice (Parts 3800—3899)
XXIX Federal Communications Commission (Parts 3900—3999)
XXX Farm Credit System Insurance Corporation (Parts 4000—4099)
XXXI Farm Credit Administration (Parts 4100—4199)
XXXIII Overseas Private Investment Corporation (Parts 4300—4399)
XXXV Office of Personnel Management (Parts 4500—4599)
XL Interstate Commerce Commission (Parts 5000—5099)
XLI Commodity Futures Trading Commission (Parts 5100—5199)
XLII Department of Labor (Parts 5200—5299)
XLIII National Science Foundation (Parts 5300—5399)
XLV Department of Health and Human Services (Parts 5500—5599)
XLVI Postal Rate Commission (Parts 5600—5699)
XLVII Federal Trade Commission (Parts 5700—5799)
XLVIII Nuclear Regulatory Commission (Parts 5800—5899)
L Department of Transportation (Parts 6000—6099)
LII Export-Import Bank of the United States (Parts 6200—6299)
LIII Department of Education (Parts 6300—6399)
LIV Environmental Protection Agency (Parts 6400—6499)
LV National Endowment for the Arts (Parts 6500—6599)
LVI National Endowment for the Humanities (Parts 6600—6699)
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LVII General Services Administration (Parts 6700—6799)

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Title 5—Administrative Personnel—Continued
Chap.

LVIII Board of Governors of the Federal Reserve System (Parts 6800—


6899)
LIX National Aeronautics and Space Administration (Parts 6900—
6999)
LX United States Postal Service (Parts 7000—7099)
LXI National Labor Relations Board (Parts 7100—7199)
LXII Equal Employment Opportunity Commission (Parts 7200—7299)
LXIII Inter-American Foundation (Parts 7300—7399)
LXIV Merit Systems Protection Board (Parts 7400—7499)
LXV Department of Housing and Urban Development (Parts 7500—
7599)
LXVI National Archives and Records Administration (Parts 7600—7699)
LXVII Institute of Museum and Library Services (Parts 7700—7799)
LXIX Tennessee Valley Authority (Parts 7900—7999)
LXXI Consumer Product Safety Commission (Parts 8100—8199)
LXXIII Department of Agriculture (Parts 8300—8399)
LXXIV Federal Mine Safety and Health Review Commission (Parts
8400—8499)
LXXVI Federal Retirement Thrift Investment Board (Parts 8600—8699)
LXXVII Office of Management and Budget (Parts 8700—8799)
XCVII Department of Homeland Security Human Resources Manage-
ment System (Department of Homeland Security--Office of
Personnel Management) (Parts 9700—9799)
XCIX Department of Defense Human Resources Management and
Labor Relations Systems (Department of Defense--Office of
Personnel Management) (Parts 9900—9999)

Title 6—Domestic Security

I Department of Homeland Security, Office of the Secretary


(Parts 0—99)
X Privacy and Civil Liberties Oversight Board (Parts 1000—1099)

Title 7—Agriculture

SUBTITLE A—OFFICE OF THE SECRETARY OF AGRICULTURE (PARTS


0—26)
SUBTITLE B—REGULATIONS OF THE DEPARTMENT OF AGRICULTURE
I Agricultural Marketing Service (Standards, Inspections, Mar-
keting Practices), Department of Agriculture (Parts 27—209)
II Food and Nutrition Service, Department of Agriculture (Parts
210—299)
III Animal and Plant Health Inspection Service, Department of Ag-
riculture (Parts 300—399)
IV Federal Crop Insurance Corporation, Department of Agriculture
(Parts 400—499)
V Agricultural Research Service, Department of Agriculture
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(Parts 500—599)

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Title 7—Agriculture—Continued
Chap.

VI Natural Resources Conservation Service, Department of Agri-


culture (Parts 600—699)
VII Farm Service Agency, Department of Agriculture (Parts 700—
799)
VIII Grain Inspection, Packers and Stockyards Administration (Fed-
eral Grain Inspection Service), Department of Agriculture
(Parts 800—899)
IX Agricultural Marketing Service (Marketing Agreements and Or-
ders; Fruits, Vegetables, Nuts), Department of Agriculture
(Parts 900—999)
X Agricultural Marketing Service (Marketing Agreements and Or-
ders; Milk), Department of Agriculture (Parts 1000—1199)
XI Agricultural Marketing Service (Marketing Agreements and Or-
ders; Miscellaneous Commodities), Department of Agriculture
(Parts 1200—1299)
XIV Commodity Credit Corporation, Department of Agriculture
(Parts 1400—1499)
XV Foreign Agricultural Service, Department of Agriculture (Parts
1500—1599)
XVI Rural Telephone Bank, Department of Agriculture (Parts 1600—
1699)
XVII Rural Utilities Service, Department of Agriculture (Parts 1700—
1799)
XVIII Rural Housing Service, Rural Business-Cooperative Service,
Rural Utilities Service, and Farm Service Agency, Depart-
ment of Agriculture (Parts 1800—2099)
XX Local Television Loan Guarantee Board (Parts 2200—2299)
XXVI Office of Inspector General, Department of Agriculture (Parts
2600—2699)
XXVII Office of Information Resources Management, Department of
Agriculture (Parts 2700—2799)
XXVIII Office of Operations, Department of Agriculture (Parts 2800—
2899)
XXIX Office of Energy Policy and New Uses, Department of Agri-
culture (Parts 2900—2999)
XXX Office of the Chief Financial Officer, Department of Agriculture
(Parts 3000—3099)
XXXI Office of Environmental Quality, Department of Agriculture
(Parts 3100—3199)
XXXII Office of Procurement and Property Management, Department
of Agriculture (Parts 3200—3299)
XXXIII Office of Transportation, Department of Agriculture (Parts
3300—3399)
XXXIV Cooperative State Research, Education, and Extension Service,
Department of Agriculture (Parts 3400—3499)
XXXV Rural Housing Service, Department of Agriculture (Parts 3500—
3599)
XXXVI National Agricultural Statistics Service, Department of Agri-
culture (Parts 3600—3699)
XXXVII Economic Research Service, Department of Agriculture (Parts
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Title 7—Agriculture—Continued
Chap.

XXXVIII World Agricultural Outlook Board, Department of Agriculture


(Parts 3800—3899)
XLI [Reserved]
XLII Rural Business-Cooperative Service and Rural Utilities Service,
Department of Agriculture (Parts 4200—4299)

Title 8—Aliens and Nationality

I Department of Homeland Security (Immigration and Naturaliza-


tion) (Parts 1—499)
V Executive Office for Immigration Review, Department of Justice
(Parts 1000—1399)

Title 9—Animals and Animal Products

I Animal and Plant Health Inspection Service, Department of Ag-


riculture (Parts 1—199)
II Grain Inspection, Packers and Stockyards Administration
(Packers and Stockyards Programs), Department of Agri-
culture (Parts 200—299)
III Food Safety and Inspection Service, Department of Agriculture
(Parts 300—599)

Title 10—Energy

I Nuclear Regulatory Commission (Parts 0—199)


II Department of Energy (Parts 200—699)
III Department of Energy (Parts 700—999)
X Department of Energy (General Provisions) (Parts 1000—1099)
XIII Nuclear Waste Technical Review Board (Parts 1303—1399)
XVII Defense Nuclear Facilities Safety Board (Parts 1700—1799)
XVIII Northeast Interstate Low-Level Radioactive Waste Commission
(Parts 1800—1899)

Title 11—Federal Elections

I Federal Election Commission (Parts 1—9099)

Title 12—Banks and Banking

I Comptroller of the Currency, Department of the Treasury (Parts


1—199)
II Federal Reserve System (Parts 200—299)
III Federal Deposit Insurance Corporation (Parts 300—399)
IV Export-Import Bank of the United States (Parts 400—499)
V Office of Thrift Supervision, Department of the Treasury (Parts
500—599)
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VI Farm Credit Administration (Parts 600—699)

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Title 12—Banks and Banking—Continued
Chap.

VII National Credit Union Administration (Parts 700—799)


VIII Federal Financing Bank (Parts 800—899)
IX Federal Housing Finance Board (Parts 900—999)
XI Federal Financial Institutions Examination Council (Parts
1100—1199)
XIV Farm Credit System Insurance Corporation (Parts 1400—1499)
XV Department of the Treasury (Parts 1500—1599)
XVII Office of Federal Housing Enterprise Oversight, Department of
Housing and Urban Development (Parts 1700—1799)
XVIII Community Development Financial Institutions Fund, Depart-
ment of the Treasury (Parts 1800—1899)

Title 13—Business Credit and Assistance

I Small Business Administration (Parts 1—199)


III Economic Development Administration, Department of Com-
merce (Parts 300—399)
IV Emergency Steel Guarantee Loan Board, Department of Com-
merce (Parts 400—499)
V Emergency Oil and Gas Guaranteed Loan Board, Department of
Commerce (Parts 500—599)

Title 14—Aeronautics and Space

I Federal Aviation Administration, Department of Transportation


(Parts 1—199)
II Office of the Secretary, Department of Transportation (Aviation
Proceedings) (Parts 200—399)
III Commercial Space Transportation, Federal Aviation Adminis-
tration, Department of Transportation (Parts 400—499)
V National Aeronautics and Space Administration (Parts 1200—
1299)
VI Air Transportation System Stabilization (Parts 1300—1399)

Title 15—Commerce and Foreign Trade

SUBTITLE A—OFFICE OF THE SECRETARY OF COMMERCE (PARTS 0—


29)
SUBTITLE B—REGULATIONS RELATING TO COMMERCE AND FOREIGN
TRADE
I Bureau of the Census, Department of Commerce (Parts 30—199)
II National Institute of Standards and Technology, Department of
Commerce (Parts 200—299)
III International Trade Administration, Department of Commerce
(Parts 300—399)
IV Foreign-Trade Zones Board, Department of Commerce (Parts
400—499)
VII Bureau of Industry and Security, Department of Commerce
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(Parts 700—799)

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Title 15—Commerce and Foreign Trade—Continued
Chap.

VIII Bureau of Economic Analysis, Department of Commerce (Parts


800—899)
IX National Oceanic and Atmospheric Administration, Department
of Commerce (Parts 900—999)
XI Technology Administration, Department of Commerce (Parts
1100—1199)
XIII East-West Foreign Trade Board (Parts 1300—1399)
XIV Minority Business Development Agency (Parts 1400—1499)
SUBTITLE C—REGULATIONS RELATING TO FOREIGN TRADE AGREE-
MENTS
XX Office of the United States Trade Representative (Parts 2000—
2099)
SUBTITLE D—REGULATIONS RELATING TO TELECOMMUNICATIONS
AND INFORMATION
XXIII National Telecommunications and Information Administration,
Department of Commerce (Parts 2300—2399)

Title 16—Commercial Practices

I Federal Trade Commission (Parts 0—999)


II Consumer Product Safety Commission (Parts 1000—1799)

Title 17—Commodity and Securities Exchanges

I Commodity Futures Trading Commission (Parts 1—199)


II Securities and Exchange Commission (Parts 200—399)
IV Department of the Treasury (Parts 400—499)

Title 18—Conservation of Power and Water Resources

I Federal Energy Regulatory Commission, Department of Energy


(Parts 1—399)
III Delaware River Basin Commission (Parts 400—499)
VI Water Resources Council (Parts 700—799)
VIII Susquehanna River Basin Commission (Parts 800—899)
XIII Tennessee Valley Authority (Parts 1300—1399)

Title 19—Customs Duties

I Bureau of Customs and Border Protection, Department of Home-


land Security; Department of the Treasury (Parts 0—199)
II United States International Trade Commission (Parts 200—299)
III International Trade Administration, Department of Commerce
(Parts 300—399)
IV Bureau of Immigration and Customs Enforcement, Department
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of Homeland Security (Parts 400—599)

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Title 20—Employees’ Benefits
Chap.

I Office of Workers’ Compensation Programs, Department of


Labor (Parts 1—199)
II Railroad Retirement Board (Parts 200—399)
III Social Security Administration (Parts 400—499)
IV Employees Compensation Appeals Board, Department of Labor
(Parts 500—599)
V Employment and Training Administration, Department of Labor
(Parts 600—699)
VI Employment Standards Administration, Department of Labor
(Parts 700—799)
VII Benefits Review Board, Department of Labor (Parts 800—899)
VIII Joint Board for the Enrollment of Actuaries (Parts 900—999)
IX Office of the Assistant Secretary for Veterans’ Employment and
Training, Department of Labor (Parts 1000—1099)

Title 21—Food and Drugs

I Food and Drug Administration, Department of Health and


Human Services (Parts 1—1299)
II Drug Enforcement Administration, Department of Justice (Parts
1300—1399)
III Office of National Drug Control Policy (Parts 1400—1499)

Title 22—Foreign Relations

I Department of State (Parts 1—199)


II Agency for International Development (Parts 200—299)
III Peace Corps (Parts 300—399)
IV International Joint Commission, United States and Canada
(Parts 400—499)
V Broadcasting Board of Governors (Parts 500—599)
VII Overseas Private Investment Corporation (Parts 700—799)
IX Foreign Service Grievance Board (Parts 900—999)
X Inter-American Foundation (Parts 1000—1099)
XI International Boundary and Water Commission, United States
and Mexico, United States Section (Parts 1100—1199)
XII United States International Development Cooperation Agency
(Parts 1200—1299)
XIII Millenium Challenge Corporation (Parts 1300—1399)
XIV Foreign Service Labor Relations Board; Federal Labor Relations
Authority; General Counsel of the Federal Labor Relations
Authority; and the Foreign Service Impasse Disputes Panel
(Parts 1400—1499)
XV African Development Foundation (Parts 1500—1599)
XVI Japan-United States Friendship Commission (Parts 1600—1699)
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XVII United States Institute of Peace (Parts 1700—1799)

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Title 23—Highways
Chap.

I Federal Highway Administration, Department of Transportation


(Parts 1—999)
II National Highway Traffic Safety Administration and Federal
Highway Administration, Department of Transportation
(Parts 1200—1299)
III National Highway Traffic Safety Administration, Department of
Transportation (Parts 1300—1399)

Title 24—Housing and Urban Development

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF HOUSING


AND URBAN DEVELOPMENT (PARTS 0—99)
SUBTITLE B—REGULATIONS RELATING TO HOUSING AND URBAN DE-
VELOPMENT
I Office of Assistant Secretary for Equal Opportunity, Department
of Housing and Urban Development (Parts 100—199)
II Office of Assistant Secretary for Housing-Federal Housing Com-
missioner, Department of Housing and Urban Development
(Parts 200—299)
III Government National Mortgage Association, Department of
Housing and Urban Development (Parts 300—399)
IV Office of Housing and Office of Multifamily Housing Assistance
Restructuring, Department of Housing and Urban Develop-
ment (Parts 400—499)
V Office of Assistant Secretary for Community Planning and De-
velopment, Department of Housing and Urban Development
(Parts 500—599)
VI Office of Assistant Secretary for Community Planning and De-
velopment, Department of Housing and Urban Development
(Parts 600—699) [Reserved]
VII Office of the Secretary, Department of Housing and Urban Devel-
opment (Housing Assistance Programs and Public and Indian
Housing Programs) (Parts 700—799)
VIII Office of the Assistant Secretary for Housing—Federal Housing
Commissioner, Department of Housing and Urban Develop-
ment (Section 8 Housing Assistance Programs, Section 202 Di-
rect Loan Program, Section 202 Supportive Housing for the El-
derly Program and Section 811 Supportive Housing for Persons
With Disabilities Program) (Parts 800—899)
IX Office of Assistant Secretary for Public and Indian Housing, De-
partment of Housing and Urban Development (Parts 900—1699)
X Office of Assistant Secretary for Housing—Federal Housing
Commissioner, Department of Housing and Urban Develop-
ment (Interstate Land Sales Registration Program) (Parts
1700—1799)
XII Office of Inspector General, Department of Housing and Urban
Development (Parts 2000—2099)
XX Office of Assistant Secretary for Housing—Federal Housing
Commissioner, Department of Housing and Urban Develop-
ment (Parts 3200—3899)
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XXV Neighborhood Reinvestment Corporation (Parts 4100—4199)

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Title 25—Indians
Chap.

I Bureau of Indian Affairs, Department of the Interior (Parts 1—


299)
II Indian Arts and Crafts Board, Department of the Interior (Parts
300—399)
III National Indian Gaming Commission, Department of the Inte-
rior (Parts 500—599)
IV Office of Navajo and Hopi Indian Relocation (Parts 700—799)
V Bureau of Indian Affairs, Department of the Interior, and Indian
Health Service, Department of Health and Human Services
(Part 900)
VI Office of the Assistant Secretary-Indian Affairs, Department of
the Interior (Parts 1000—1199)
VII Office of the Special Trustee for American Indians, Department
of the Interior (Parts 1200—1299)

Title 26—Internal Revenue

I Internal Revenue Service, Department of the Treasury (Parts 1—


899)

Title 27—Alcohol, Tobacco Products and Firearms

I Alcohol and Tobacco Tax and Trade Bureau, Department of the


Treasury (Parts 1—399)
II Bureau of Alcohol, Tobacco, Firearms, and Explosives, Depart-
ment of Justice (Parts 400—699)

Title 28—Judicial Administration

I Department of Justice (Parts 0—299)


III Federal Prison Industries, Inc., Department of Justice (Parts
300—399)
V Bureau of Prisons, Department of Justice (Parts 500—599)
VI Offices of Independent Counsel, Department of Justice (Parts
600—699)
VII Office of Independent Counsel (Parts 700—799)
VIII Court Services and Offender Supervision Agency for the District
of Columbia (Parts 800—899)
IX National Crime Prevention and Privacy Compact Council (Parts
900—999)
XI Department of Justice and Department of State (Parts 1100—
1199)

Title 29—Labor

SUBTITLE A—OFFICE OF THE SECRETARY OF LABOR (PARTS 0—99)


SUBTITLE B—REGULATIONS RELATING TO LABOR
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I National Labor Relations Board (Parts 100—199)

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Title 29—Labor—Continued
Chap.

II Office of Labor-Management Standards, Department of Labor


(Parts 200—299)
III National Railroad Adjustment Board (Parts 300—399)
IV Office of Labor-Management Standards, Department of Labor
(Parts 400—499)
V Wage and Hour Division, Department of Labor (Parts 500—899)
IX Construction Industry Collective Bargaining Commission (Parts
900—999)
X National Mediation Board (Parts 1200—1299)
XII Federal Mediation and Conciliation Service (Parts 1400—1499)
XIV Equal Employment Opportunity Commission (Parts 1600—1699)
XVII Occupational Safety and Health Administration, Department of
Labor (Parts 1900—1999)
XX Occupational Safety and Health Review Commission (Parts
2200—2499)
XXV Employee Benefits Security Administration, Department of
Labor (Parts 2500—2599)
XXVII Federal Mine Safety and Health Review Commission (Parts
2700—2799)
XL Pension Benefit Guaranty Corporation (Parts 4000—4999)

Title 30—Mineral Resources

I Mine Safety and Health Administration, Department of Labor


(Parts 1—199)
II Minerals Management Service, Department of the Interior
(Parts 200—299)
III Board of Surface Mining and Reclamation Appeals, Department
of the Interior (Parts 300—399)
IV Geological Survey, Department of the Interior (Parts 400—499)
VII Office of Surface Mining Reclamation and Enforcement, Depart-
ment of the Interior (Parts 700—999)

Title 31—Money and Finance: Treasury

SUBTITLE A—OFFICE OF THE SECRETARY OF THE TREASURY (PARTS


0—50)
SUBTITLE B—REGULATIONS RELATING TO MONEY AND FINANCE
I Monetary Offices, Department of the Treasury (Parts 51—199)
II Fiscal Service, Department of the Treasury (Parts 200—399)
IV Secret Service, Department of the Treasury (Parts 400—499)
V Office of Foreign Assets Control, Department of the Treasury
(Parts 500—599)
VI Bureau of Engraving and Printing, Department of the Treasury
(Parts 600—699)
VII Federal Law Enforcement Training Center, Department of the
Treasury (Parts 700—799)
VIII Office of International Investment, Department of the Treasury
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Title 31—Money and Finance: Treasury—Continued
Chap.

IX Federal Claims Collection Standards (Department of the Treas-


ury—Department of Justice) (Parts 900—999)

Title 32—National Defense

SUBTITLE A—DEPARTMENT OF DEFENSE


I Office of the Secretary of Defense (Parts 1—399)
V Department of the Army (Parts 400—699)
VI Department of the Navy (Parts 700—799)
VII Department of the Air Force (Parts 800—1099)
SUBTITLE B—OTHER REGULATIONS RELATING TO NATIONAL DE-
FENSE
XII Defense Logistics Agency (Parts 1200—1299)
XVI Selective Service System (Parts 1600—1699)
XVII Office of the Director of National Intelligence (Parts 1700—1799)
XVIII National Counterintelligence Center (Parts 1800—1899)
XIX Central Intelligence Agency (Parts 1900—1999)
XX Information Security Oversight Office, National Archives and
Records Administration (Parts 2000—2099)
XXI National Security Council (Parts 2100—2199)
XXIV Office of Science and Technology Policy (Parts 2400—2499)
XXVII Office for Micronesian Status Negotiations (Parts 2700—2799)
XXVIII Office of the Vice President of the United States (Parts 2800—
2899)

Title 33—Navigation and Navigable Waters

I Coast Guard, Department of Homeland Security (Parts 1—199)


II Corps of Engineers, Department of the Army (Parts 200—399)
IV Saint Lawrence Seaway Development Corporation, Department
of Transportation (Parts 400—499)

Title 34—Education

SUBTITLE A—OFFICE OF THE SECRETARY, DEPARTMENT OF EDU-


CATION (PARTS 1—99)
SUBTITLE B—REGULATIONS OF THE OFFICES OF THE DEPARTMENT
OF EDUCATION
I Office for Civil Rights, Department of Education (Parts 100—199)
II Office of Elementary and Secondary Education, Department of
Education (Parts 200—299)
III Office of Special Education and Rehabilitative Services, Depart-
ment of Education (Parts 300—399)
IV Office of Vocational and Adult Education, Department of Edu-
cation (Parts 400—499)
V Office of Bilingual Education and Minority Languages Affairs,
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Department of Education (Parts 500—599)

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Title 34—Education—Continued
Chap.

VI Office of Postsecondary Education, Department of Education


(Parts 600—699)
XI National Institute for Literacy (Parts 1100—1199)
SUBTITLE C—REGULATIONS RELATING TO EDUCATION
XII National Council on Disability (Parts 1200—1299)

Title 35 [Reserved]

Title 36—Parks, Forests, and Public Property

I National Park Service, Department of the Interior (Parts 1—199)


II Forest Service, Department of Agriculture (Parts 200—299)
III Corps of Engineers, Department of the Army (Parts 300—399)
IV American Battle Monuments Commission (Parts 400—499)
V Smithsonian Institution (Parts 500—599)
VII Library of Congress (Parts 700—799)
VIII Advisory Council on Historic Preservation (Parts 800—899)
IX Pennsylvania Avenue Development Corporation (Parts 900—999)
X Presidio Trust (Parts 1000—1099)
XI Architectural and Transportation Barriers Compliance Board
(Parts 1100—1199)
XII National Archives and Records Administration (Parts 1200—1299)
XV Oklahoma City National Memorial Trust (Parts 1500—1599)
XVI Morris K. Udall Scholarship and Excellence in National Environ-
mental Policy Foundation (Parts 1600—1699)

Title 37—Patents, Trademarks, and Copyrights

I United States Patent and Trademark Office, Department of


Commerce (Parts 1—199)
II Copyright Office, Library of Congress (Parts 200—299)
III Copyright Royalty Board, Library of Congress (Parts 301—399)
IV Assistant Secretary for Technology Policy, Department of Com-
merce (Parts 400—499)
V Under Secretary for Technology, Department of Commerce
(Parts 500—599)

Title 38—Pensions, Bonuses, and Veterans’ Relief

I Department of Veterans Affairs (Parts 0—99)

Title 39—Postal Service

I United States Postal Service (Parts 1—999)


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III Postal Rate Commission (Parts 3000—3099)

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Title 40—Protection of Environment
Chap.

I Environmental Protection Agency (Parts 1—1099)


IV Environmental Protection Agency and Department of Justice
(Parts 1400—1499)
V Council on Environmental Quality (Parts 1500—1599)
VI Chemical Safety and Hazard Investigation Board (Parts 1600—
1699)
VII Environmental Protection Agency and Department of Defense;
Uniform National Discharge Standards for Vessels of the
Armed Forces (Parts 1700—1799)

Title 41—Public Contracts and Property Management

SUBTITLE B—OTHER PROVISIONS RELATING TO PUBLIC CONTRACTS


50 Public Contracts, Department of Labor (Parts 50–1—50–999)
51 Committee for Purchase From People Who Are Blind or Severely
Disabled (Parts 51–1—51–99)
60 Office of Federal Contract Compliance Programs, Equal Employ-
ment Opportunity, Department of Labor (Parts 60–1—60–999)
61 Office of the Assistant Secretary for Veterans’ Employment and
Training Service, Department of Labor (Parts 61–1—61–999)
SUBTITLE C—FEDERAL PROPERTY MANAGEMENT REGULATIONS
SYSTEM
101 Federal Property Management Regulations (Parts 101–1—101–99)
102 Federal Management Regulation (Parts 102–1—102–299)
105 General Services Administration (Parts 105–1—105–999)
109 Department of Energy Property Management Regulations (Parts
109–1—109–99)
114 Department of the Interior (Parts 114–1—114–99)
115 Environmental Protection Agency (Parts 115–1—115–99)
128 Department of Justice (Parts 128–1—128–99)
SUBTITLE D—OTHER PROVISIONS RELATING TO PROPERTY MANAGE-
MENT [RESERVED]
SUBTITLE E—FEDERAL INFORMATION RESOURCES MANAGEMENT
REGULATIONS SYSTEM
201 Federal Information Resources Management Regulation (Parts
201–1—201–99) [Reserved]
SUBTITLE F—FEDERAL TRAVEL REGULATION SYSTEM
300 General (Parts 300–1—300–99)
301 Temporary Duty (TDY) Travel Allowances (Parts 301–1—301–99)
302 Relocation Allowances (Parts 302–1—302–99)
303 Payment of Expenses Connected with the Death of Certain Em-
ployees (Part 303–1—303–99)
304 Payment of Travel Expenses from a Non-Federal Source (Parts
304–1—304–99)
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Title 42—Public Health
Chap.

I Public Health Service, Department of Health and Human Serv-


ices (Parts 1—199)
IV Centers for Medicare & Medicaid Services, Department of Health
and Human Services (Parts 400—499)
V Office of Inspector General-Health Care, Department of Health
and Human Services (Parts 1000—1999)

Title 43—Public Lands: Interior

SUBTITLE A—OFFICE OF THE SECRETARY OF THE INTERIOR (PARTS


1—199)
SUBTITLE B—REGULATIONS RELATING TO PUBLIC LANDS
I Bureau of Reclamation, Department of the Interior (Parts 200—
499)
II Bureau of Land Management, Department of the Interior (Parts
1000—9999)
III Utah Reclamation Mitigation and Conservation Commission
(Parts 10000—10010)

Title 44—Emergency Management and Assistance

I Federal Emergency Management Agency, Department of Home-


land Security (Parts 0—399)
IV Department of Commerce and Department of Transportation
(Parts 400—499)

Title 45—Public Welfare

SUBTITLE A—DEPARTMENT OF HEALTH AND HUMAN SERVICES


(PARTS 1—199)
SUBTITLE B—REGULATIONS RELATING TO PUBLIC WELFARE
II Office of Family Assistance (Assistance Programs), Administra-
tion for Children and Families, Department of Health and
Human Services (Parts 200—299)
III Office of Child Support Enforcement (Child Support Enforce-
ment Program), Administration for Children and Families,
Department of Health and Human Services (Parts 300—399)
IV Office of Refugee Resettlement, Administration for Children and
Families, Department of Health and Human Services (Parts
400—499)
V Foreign Claims Settlement Commission of the United States,
Department of Justice (Parts 500—599)
VI National Science Foundation (Parts 600—699)
VII Commission on Civil Rights (Parts 700—799)
VIII Office of Personnel Management (Parts 800—899)
X Office of Community Services, Administration for Children and
Families, Department of Health and Human Services (Parts
1000—1099)
XI National Foundation on the Arts and the Humanities (Parts
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1100—1199)

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Title 45—Public Welfare—Continued
Chap.

XII Corporation for National and Community Service (Parts 1200—


1299)
XIII Office of Human Development Services, Department of Health
and Human Services (Parts 1300—1399)
XVI Legal Services Corporation (Parts 1600—1699)
XVII National Commission on Libraries and Information Science
(Parts 1700—1799)
XVIII Harry S. Truman Scholarship Foundation (Parts 1800—1899)
XXI Commission on Fine Arts (Parts 2100—2199)
XXIII Arctic Research Commission (Part 2301)
XXIV James Madison Memorial Fellowship Foundation (Parts 2400—
2499)
XXV Corporation for National and Community Service (Parts 2500—
2599)

Title 46—Shipping

I Coast Guard, Department of Homeland Security (Parts 1—199)


II Maritime Administration, Department of Transportation (Parts
200—399)
III Coast Guard (Great Lakes Pilotage), Department of Homeland
Security (Parts 400—499)
IV Federal Maritime Commission (Parts 500—599)

Title 47—Telecommunication

I Federal Communications Commission (Parts 0—199)


II Office of Science and Technology Policy and National Security
Council (Parts 200—299)
III National Telecommunications and Information Administration,
Department of Commerce (Parts 300—399)

Title 48—Federal Acquisition Regulations System

1 Federal Acquisition Regulation (Parts 1—99)


2 Defense Acquisition Regulations System, Department of Defense
(Parts 200—299)
3 Department of Health and Human Services (Parts 300—399)
4 Department of Agriculture (Parts 400—499)
5 General Services Administration (Parts 500—599)
6 Department of State (Parts 600—699)
7 United States Agency for International Development (Parts
700—799)
8 Department of Veterans Affairs (Parts 800—899)
9 Department of Energy (Parts 900—999)
10 Department of the Treasury (Parts 1000—1099)
12 Department of Transportation (Parts 1200—1299)
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Title 48—Federal Acquisition Regulations System—Continued
Chap.

14 Department of the Interior (Parts 1400—1499)


15 Environmental Protection Agency (Parts 1500—1599)
16 Office of Personnel Management, Federal Employees Health
Benefits Acquisition Regulation (Parts 1600—1699)
17 Office of Personnel Management (Parts 1700—1799)
18 National Aeronautics and Space Administration (Parts 1800—
1899)
19 Broadcasting Board of Governors (Parts 1900—1999)
20 Nuclear Regulatory Commission (Parts 2000—2099)
21 Office of Personnel Management, Federal Employees’ Group Life
Insurance Federal Acquisition Regulation (Parts 2100—2199)
23 Social Security Administration (Parts 2300—2399)
24 Department of Housing and Urban Development (Parts 2400—
2499)
25 National Science Foundation (Parts 2500—2599)
28 Department of Justice (Parts 2800—2899)
29 Department of Labor (Parts 2900—2999)
30 Department of Homeland Security, Homeland Security Acquisi-
tion Regulation (HSAR) (Parts 3000—3099)
34 Department of Education Acquisition Regulation (Parts 3400—
3499)
35 [Reserved]
44 Federal Emergency Management Agency (Parts 4400—4499)
51 Department of the Army Acquisition Regulations (Parts 5100—
5199)
52 Department of the Navy Acquisition Regulations (Parts 5200—
5299)
53 Department of the Air Force Federal Acquisition Regulation
Supplement (Parts 5300—5399)
54 Defense Logistics Agency, Department of Defense (Parts 5400—
5499)
57 African Development Foundation (Parts 5700—5799)
61 General Services Administration Board of Contract Appeals
(Parts 6100—6199)
63 Department of Transportation Board of Contract Appeals (Parts
6300—6399)
99 Cost Accounting Standards Board, Office of Federal Procure-
ment Policy, Office of Management and Budget (Parts 9900—
9999)

Title 49—Transportation

SUBTITLE A—OFFICE OF THE SECRETARY OF TRANSPORTATION


(PARTS 1—99)
SUBTITLE B—OTHER REGULATIONS RELATING TO TRANSPORTATION
I Pipeline and Hazardous Materials Safety Administration, De-
partment of Transportation (Parts 100—199)
II Federal Railroad Administration, Department of Transportation
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Title 49—Transportation—Continued
Chap.

III Federal Motor Carrier Safety Administration, Department of


Transportation (Parts 300—399)
IV Coast Guard, Department of Homeland Security (Parts 400—499)
V National Highway Traffic Safety Administration, Department of
Transportation (Parts 500—599)
VI Federal Transit Administration, Department of Transportation
(Parts 600—699)
VII National Railroad Passenger Corporation (AMTRAK) (Parts
700—799)
VIII National Transportation Safety Board (Parts 800—999)
X Surface Transportation Board, Department of Transportation
(Parts 1000—1399)
XI Research and Innovative Technology Administration, Depart-
ment of Transportation [Reserved]
XII Transportation Security Administration, Department of Home-
land Security (Parts 1500—1699)

Title 50—Wildlife and Fisheries

I United States Fish and Wildlife Service, Department of the Inte-


rior (Parts 1—199)
II National Marine Fisheries Service, National Oceanic and Atmos-
pheric Administration, Department of Commerce (Parts 200—
299)
III International Fishing and Related Activities (Parts 300—399)
IV Joint Regulations (United States Fish and Wildlife Service, De-
partment of the Interior and National Marine Fisheries Serv-
ice, National Oceanic and Atmospheric Administration, De-
partment of Commerce); Endangered Species Committee Reg-
ulations (Parts 400—499)
V Marine Mammal Commission (Parts 500—599)
VI Fishery Conservation and Management, National Oceanic and
Atmospheric Administration, Department of Commerce (Parts
600—699)

CFR Index and Finding Aids

Subject/Agency Index
List of Agency Prepared Indexes
Parallel Tables of Statutory Authorities and Rules
List of CFR Titles, Chapters, Subchapters, and Parts
Alphabetical List of Agencies Appearing in the CFR
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Alphabetical List of Agencies Appearing in the CFR
(Revised as of October 1, 2007)

CFR Title, Subtitle or


Agency Chapter
Administrative Committee of the Federal Register 1, I
Advanced Research Projects Agency 32, I
Advisory Council on Historic Preservation 36, VIII
African Development Foundation 22, XV
Federal Acquisition Regulation 48, 57
Agency for International Development, United States 22, II
Federal Acquisition Regulation 48, 7
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agriculture Department 5, LXXIII
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Animal and Plant Health Inspection Service 7, III; 9, I
Chief Financial Officer, Office of 7, XXX
Commodity Credit Corporation 7, XIV
Cooperative State Research, Education, and Extension 7, XXXIV
Service
Economic Research Service 7, XXXVII
Energy, Office of 2, IX; 7, XXIX
Environmental Quality, Office of 7, XXXI
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 4
Federal Crop Insurance Corporation 7, IV
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Forest Service 36, II
Grain Inspection, Packers and Stockyards Administration 7, VIII; 9, II
Information Resources Management, Office of 7, XXVII
Inspector General, Office of 7, XXVI
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
Natural Resources Conservation Service 7, VI
Operations, Office of 7, XXVIII
Procurement and Property Management, Office of 7, XXXII
Rural Business-Cooperative Service 7, XVIII, XLII
Rural Development Administration 7, XLII
Rural Housing Service 7, XVIII, XXXV
Rural Telephone Bank 7, XVI
Rural Utilities Service 7, XVII, XVIII, XLII
Secretary of Agriculture, Office of 7, Subtitle A
Transportation, Office of 7, XXXIII
World Agricultural Outlook Board 7, XXXVIII
Air Force Department 32, VII
Federal Acquisition Regulation Supplement 48, 53
Air Transportation Stabilization Board 14, VI
Alcohol and Tobacco Tax and Trade Bureau 27, I
Alcohol, Tobacco, Firearms, and Explosives, Bureau of 27, II
AMTRAK 49, VII
American Battle Monuments Commission 36, IV
American Indians, Office of the Special Trustee 25, VII
Animal and Plant Health Inspection Service 7, III; 9, I
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CFR Title, Subtitle or
Agency Chapter
Architectural and Transportation Barriers Compliance Board 36, XI
Arctic Research Commission 45, XXIII
Armed Forces Retirement Home 5, XI
Army Department 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
Benefits Review Board 20, VII
Bilingual Education and Minority Languages Affairs, Office of 34, V
Blind or Severely Disabled, Committee for Purchase From 41, 51
People Who Are
Broadcasting Board of Governors 22, V
Federal Acquisition Regulation 48, 19
Census Bureau 15, I
Centers for Medicare & Medicaid Services 42, IV
Central Intelligence Agency 32, XIX
Chief Financial Officer, Office of 7, XXX
Child Support Enforcement, Office of 45, III
Children and Families, Administration for 45, II, III, IV, X
Civil Rights, Commission on 45, VII
Civil Rights, Office for 34, I
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Commerce Department 44, IV
Census Bureau 15, I
Economic Affairs, Under Secretary 37, V
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Emergency Management and Assistance 44, IV
Federal Acquisition Regulation 48, 13
Fishery Conservation and Management 50, VI
Foreign-Trade Zones Board 15, IV
Industry and Security, Bureau of 15, VII
International Trade Administration 15, III; 19, III
National Institute of Standards and Technology 15, II
National Marine Fisheries Service 50, II, IV, VI
National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV, VI
National Telecommunications and Information 15, XXIII; 47, III
Administration
National Weather Service 15, IX
Patent and Trademark Office, United States 37, I
Productivity, Technology and Innovation, Assistant 37, IV
Secretary for
Secretary of Commerce, Office of 15, Subtitle A
Technology, Under Secretary for 37, V
Technology Administration 15, XI
Technology Policy, Assistant Secretary for 37, IV
Commercial Space Transportation 14, III
Commodity Credit Corporation 7, XIV
Commodity Futures Trading Commission 5, XLI; 17, I
Community Planning and Development, Office of Assistant 24, V, VI
Secretary for
Community Services, Office of 45, X
Comptroller of the Currency 12, I
Construction Industry Collective Bargaining Commission 29, IX
Consumer Product Safety Commission 5, LXXI; 16, II
Cooperative State Research, Education, and Extension 7, XXXIV
Service
Copyright Office 37, II
Copyright Royalty Board 37, III
Corporation for National and Community Service 2, XXII; 45, XII, XXV
Cost Accounting Standards Board 48, 99
Council on Environmental Quality 40, V
Court Services and Offender Supervision Agency for the 28, VIII
District of Columbia
Customs and Border Protection Bureau 19, I
Defense Contract Audit Agency 32, I
Defense Department 5, XXVI; 32, Subtitle A;
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CFR Title, Subtitle or
Agency Chapter
Advanced Research Projects Agency 32, I
Air Force Department 32, VII
Army Department 32, V; 33, II; 36, III, 48,
51
Defense Acquisition Regulations System 48, II
Defense Intelligence Agency 32, I
Defense Logistics Agency 32, I, XII; 48, 54
Engineers, Corps of 33, II; 36, III
National Imagery and Mapping Agency 32, I
Navy Department 32, VI; 48, 52
Secretary of Defense, Office of 2, XI; 32, I
Defense Contract Audit Agency 32, I
Defense Intelligence Agency 32, I
Defense Logistics Agency 32, XII; 48, 54
Defense Nuclear Facilities Safety Board 10, XVII
Delaware River Basin Commission 18, III
District of Columbia, Court Services and Offender Supervision 28, VIII
Agency for the
Drug Enforcement Administration 21, II
East-West Foreign Trade Board 15, XIII
Economic Affairs, Under Secretary 37, V
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Economic Research Service 7, XXXVII
Education, Department of 5, LIII
Bilingual Education and Minority Languages Affairs, Office 34, V
of
Civil Rights, Office for 34, I
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Federal Acquisition Regulation 48, 34
Postsecondary Education, Office of 34, VI
Secretary of Education, Office of 34, Subtitle A
Special Education and Rehabilitative Services, Office of 34, III
Vocational and Adult Education, Office of 34, IV
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Emergency Oil and Gas Guaranteed Loan Board 13, V
Emergency Steel Guarantee Loan Board 13, IV
Employee Benefits Security Administration 29, XXV
Employees’ Compensation Appeals Board 20, IV
Employees Loyalty Board 5, V
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Endangered Species Committee 50, IV
Energy, Department of 5, XXIII; 10, II, III, X
Federal Acquisition Regulation 48, 9
Federal Energy Regulatory Commission 5, XXIV; 18, I
Property Management Regulations 41, 109
Energy, Office of 7, XXIX
Engineers, Corps of 33, II; 36, III
Engraving and Printing, Bureau of 31, VI
Environmental Protection Agency 2, XV; 5, LIV; 40, I, IV,
VII
Federal Acquisition Regulation 48, 15
Property Management Regulations 41, 115
Environmental Quality, Office of 7, XXXI
Equal Employment Opportunity Commission 5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary for 24, I
Executive Office of the President 3, I
Administration, Office of 5, XV
Environmental Quality, Council on 40, V
Management and Budget, Office of 5, III, LXXVII; 14, VI;
48, 99
National Drug Control Policy, Office of 21, III
National Security Council 32, XXI; 47, 2
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CFR Title, Subtitle or
Agency Chapter
Science and Technology Policy, Office of 32, XXIV; 47, II
Trade Representative, Office of the United States 15, XX
Export-Import Bank of the United States 2, XXXV; 5, LII; 12, IV
Family Assistance, Office of 45, II
Farm Credit Administration 5, XXXI; 12, VI
Farm Credit System Insurance Corporation 5, XXX; 12, XIV
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 1
Federal Aviation Administration 14, I
Commercial Space Transportation 14, III
Federal Claims Collection Standards 31, IX
Federal Communications Commission 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of 41, 60
Federal Crop Insurance Corporation 7, IV
Federal Deposit Insurance Corporation 5, XXII; 12, III
Federal Election Commission 11, I
Federal Emergency Management Agency 44, I
Federal Acquisition Regulation 48, 44
Federal Employees Group Life Insurance Federal Acquisition 48, 21
Regulation
Federal Employees Health Benefits Acquisition Regulation 48, 16
Federal Energy Regulatory Commission 5, XXIV; 18, I
Federal Financial Institutions Examination Council 12, XI
Federal Financing Bank 12, VIII
Federal Highway Administration 23, I, II
Federal Home Loan Mortgage Corporation 1, IV
Federal Housing Enterprise Oversight Office 12, XVII
Federal Housing Finance Board 12, IX
Federal Labor Relations Authority, and General Counsel of 5, XIV; 22, XIV
the Federal Labor Relations Authority
Federal Law Enforcement Training Center 31, VII
Federal Management Regulation 41, 102
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 29, XII
Federal Mine Safety and Health Review Commission 5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration 49, III
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
Federal Railroad Administration 49, II
Federal Register, Administrative Committee of 1, I
Federal Register, Office of 1, II
Federal Reserve System 12, II
Board of Governors 5, LVIII
Federal Retirement Thrift Investment Board 5, VI, LXXVI
Federal Service Impasses Panel 5, XIV
Federal Trade Commission 5, XLVII; 16, I
Federal Transit Administration 49, VI
Federal Travel Regulation System 41, Subtitle F
Fine Arts, Commission on 45, XXI
Fiscal Service 31, II
Fish and Wildlife Service, United States 50, I, IV
Fishery Conservation and Management 50, VI
Food and Drug Administration 21, I
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Assets Control, Office of 31, V
Foreign Claims Settlement Commission of the United States 45, V
Foreign Service Grievance Board 22, IX
Foreign Service Impasse Disputes Panel 22, XIV
Foreign Service Labor Relations Board 22, XIV
Foreign-Trade Zones Board 15, IV
Forest Service 36, II
General Services Administration 5, LVII; 41, 105
Contract Appeals, Board of 48, 61
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Federal Acquisition Regulation 48, 5

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CFR Title, Subtitle or
Agency Chapter
Federal Management Regulation 41, 102
Federal Property Management Regulations 41, 101
Federal Travel Regulation System 41, Subtitle F
General 41, 300
Payment From a Non-Federal Source for Travel Expenses 41, 304
Payment of Expenses Connected With the Death of Certain 41, 303
Employees
Relocation Allowances 41, 302
Temporary Duty (TDY) Travel Allowances 41, 301
Geological Survey 30, IV
Government Accountability Office 4, I
Government Ethics, Office of 5, XVI
Government National Mortgage Association 24, III
Grain Inspection, Packers and Stockyards Administration 7, VIII; 9, II
Harry S. Truman Scholarship Foundation 45, XVIII
Health and Human Services, Department of 2, III; 5, XLV; 45,
Subtitle A, 2, III
Centers for Medicare & Medicaid Services 42, IV
Child Support Enforcement, Office of 45, III
Children and Families, Administration for 45, II, III, IV, X
Community Services, Office of 45, X
Defense Acquisition Regulations System 48, 2
Family Assistance, Office of 45, II
Federal Acquisition Regulation 48, 3
Food and Drug Administration 21, I
Human Development Services, Office of 45, XIII
Indian Health Service 25, V; 42, I
Inspector General (Health Care), Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Homeland Security, Department of 6, I
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Customs and Border Protection Bureau 19, I
Federal Emergency Management Agency 44, I
Immigration and Customs Enforcement Bureau 19, IV
Immigration and Naturalization 8, I
Transportation Security Administration 49, XII
Housing and Urban Development, Department of 5, LXV; 24, Subtitle B
Community Planning and Development, Office of Assistant 24, V, VI
Secretary for
Equal Opportunity, Office of Assistant Secretary for 24, I
Federal Acquisition Regulation 48, 24
Federal Housing Enterprise Oversight, Office of 12, XVII
Government National Mortgage Association 24, III
Housing—Federal Housing Commissioner, Office of 24, II, VIII, X, XX
Assistant Secretary for
Housing, Office of, and Multifamily Housing Assistance 24, IV
Restructuring, Office of
Inspector General, Office of 24, XII
Public and Indian Housing, Office of Assistant Secretary for 24, IX
Secretary, Office of 24, Subtitle A, VII
Housing—Federal Housing Commissioner, Office of Assistant 24, II, VIII, X, XX
Secretary for
Housing, Office of, and Multifamily Housing Assistance 24, IV
Restructuring, Office of
Human Development Services, Office of 45, XIII
Immigration and Customs Enforcement Bureau 19, IV
Immigration and Naturalization 8, I
Immigration Review, Executive Office for 8, V
Independent Counsel, Office of 28, VII
Indian Affairs, Bureau of 25, I, V
Indian Affairs, Office of the Assistant Secretary 25, VI
Indian Arts and Crafts Board 25, II
Indian Health Service 25, V; 42, I
Industry and Security, Bureau of 15, VII
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CFR Title, Subtitle or
Agency Chapter
Information Security Oversight Office, National Archives and 32, XX
Records Administration
Inspector General
Agriculture Department 7, XXVI
Health and Human Services Department 42, V
Housing and Urban Development Department 24, XII
Institute of Peace, United States 22, XVII
Inter-American Foundation 5, LXIII; 22, X
Interior Department
American Indians, Office of the Special Trustee 25, VII
Endangered Species Committee 50, IV
Federal Acquisition Regulation 48, 14
Federal Property Management Regulations System 41, 114
Fish and Wildlife Service, United States 50, I, IV
Geological Survey 30, IV
Indian Affairs, Bureau of 25, I, V
Indian Affairs, Office of the Assistant Secretary 25, VI
Indian Arts and Crafts Board 25, II
Land Management, Bureau of 43, II
Minerals Management Service 30, II
National Indian Gaming Commission 25, III
National Park Service 36, I
Reclamation, Bureau of 43, I
Secretary of the Interior, Office of 2, XIV; 43, Subtitle A
Surface Mining and Reclamation Appeals, Board of 30, III
Surface Mining Reclamation and Enforcement, Office of 30, VII
Internal Revenue Service 26, I
International Boundary and Water Commission, United States 22, XI
and Mexico, United States Section
International Development, United States Agency for 22, II
Federal Acquisition Regulation 48, 7
International Development Cooperation Agency, United 22, XII
States
International Fishing and Related Activities 50, III
International Investment, Office of 31, VIII
International Joint Commission, United States and Canada 22, IV
International Organizations Employees Loyalty Board 5, V
International Trade Administration 15, III; 19, III
International Trade Commission, United States 19, II
Interstate Commerce Commission 5, XL
James Madison Memorial Fellowship Foundation 45, XXIV
Japan–United States Friendship Commission 22, XVI
Joint Board for the Enrollment of Actuaries 20, VIII
Justice Department 2, XXVII; 5, XXVIII; 28,
I, XI; 40, IV
Alcohol, Tobacco, Firearms, and Explosives, Bureau of 27, II
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 31, IX
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the United 45, V
States
Immigration Review, Executive Office for 8, V
Offices of Independent Counsel 28, VI
Prisons, Bureau of 28, V
Property Management Regulations 41, 128
Labor Department 5, XLII
Benefits Review Board 20, VII
Employee Benefits Security Administration 29, XXV
Employees’ Compensation Appeals Board 20, IV
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Federal Acquisition Regulation 48, 29
Federal Contract Compliance Programs, Office of 41, 60
Federal Procurement Regulations System 41, 50
Labor-Management Standards, Office of 29, II, IV
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CFR Title, Subtitle or
Agency Chapter
Occupational Safety and Health Administration 29, XVII
Public Contracts 41, 50
Secretary of Labor, Office of 29, Subtitle A
Veterans’ Employment and Training Service, Office of the 41, 61; 20, IX
Assistant Secretary for
Wage and Hour Division 29, V
Workers’ Compensation Programs, Office of 20, I
Labor-Management Standards, Office of 29, II, IV
Land Management, Bureau of 43, II
Legal Services Corporation 45, XVI
Library of Congress 36, VII
Copyright Office 37, II
Copyright Royalty Board 37, III
Local Television Loan Guarantee Board 7, XX
Management and Budget, Office of 5, III, LXXVII; 14, VI;
48, 99
Marine Mammal Commission 50, V
Maritime Administration 46, II
Merit Systems Protection Board 5, II, LXIV
Micronesian Status Negotiations, Office for 32, XXVII
Millenium Challenge Corporation 22, XIII
Mine Safety and Health Administration 30, I
Minerals Management Service 30, II
Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Morris K. Udall Scholarship and Excellence in National 36, XVI
Environmental Policy Foundation
National Aeronautics and Space Administration 2, XVIII; 5, LIX; 14, V
Federal Acquisition Regulation 48, 18
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National and Community Service, Corporation for 45, XII, XXV
National Archives and Records Administration 2, XXVI; 5, LXVI; 36,
XII
Information Security Oversight Office 32, XX
National Bureau of Standards 15, II
National Capital Planning Commission 1, IV
National Commission for Employment Policy 1, IV
National Commission on Libraries and Information Science 45, XVII
National Council on Disability 34, XII
National Counterintelligence Center 32, XVIII
National Credit Union Administration 12, VII
National Crime Prevention and Privacy Compact Council 28, IX
National Drug Control Policy, Office of 21, III
National Endowment for the Arts 2, XXXII
National Endowment for the Humanities 2, XXXIII
National Foundation on the Arts and the Humanities 45, XI
National Highway Traffic Safety Administration 23, II, III; 49, V
National Imagery and Mapping Agency 32, I
National Indian Gaming Commission 25, III
National Institute for Literacy 34, XI
National Institute of Standards and Technology 15, II
National Intelligence, Office of Director of 32, XVII
National Labor Relations Board 5, LXI; 29, I
National Marine Fisheries Service 50, II, IV, VI
National Mediation Board 29, X
National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV, VI
National Park Service 36, I
National Railroad Adjustment Board 29, III
National Railroad Passenger Corporation (AMTRAK) 49, VII
National Science Foundation 2, XXV; 5, XLIII; 45, VI
Federal Acquisition Regulation 48, 25
National Security Council 32, XXI
National Security Council and Office of Science and 47, II
Technology Policy
National Telecommunications and Information 15, XXIII; 47, III
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CFR Title, Subtitle or
Agency Chapter
National Transportation Safety Board 49, VIII
National Weather Service 15, IX
Natural Resources Conservation Service 7, VI
Navajo and Hopi Indian Relocation, Office of 25, IV
Navy Department 32, VI
Federal Acquisition Regulation 48, 52
Neighborhood Reinvestment Corporation 24, XXV
Northeast Interstate Low-Level Radioactive Waste 10, XVIII
Commission
Nuclear Regulatory Commission 5, XLVIII; 10, I
Federal Acquisition Regulation 48, 20
Occupational Safety and Health Administration 29, XVII
Occupational Safety and Health Review Commission 29, XX
Offices of Independent Counsel 28, VI
Oklahoma City National Memorial Trust 36, XV
Operations Office 7, XXVIII
Overseas Private Investment Corporation 5, XXXIII; 22, VII
Patent and Trademark Office, United States 37, I
Payment From a Non-Federal Source for Travel Expenses 41, 304
Payment of Expenses Connected With the Death of Certain 41, 303
Employees
Peace Corps 22, III
Pennsylvania Avenue Development Corporation 36, IX
Pension Benefit Guaranty Corporation 29, XL
Personnel Management, Office of 5, I, XXXV; 45, VIII
Federal Acquisition Regulation 48, 17
Federal Employees Group Life Insurance Federal 48, 21
Acquisition Regulation
Federal Employees Health Benefits Acquisition Regulation 48, 16
Pipeline and Hazardous Materials Safety Administration 49, I
Postal Regulatory Commission 5, XLVI; 39, III
Postal Service, United States 5, LX; 39, I
Postsecondary Education, Office of 34, VI
President’s Commission on White House Fellowships 1, IV
Presidential Documents 3
Presidio Trust 36, X
Prisons, Bureau of 28, V
Privacy and Civil Liberties Oversight Board 6, X
Procurement and Property Management, Office of 7, XXXII
Productivity, Technology and Innovation, Assistant 37, IV
Secretary
Public Contracts, Department of Labor 41, 50
Public and Indian Housing, Office of Assistant Secretary for 24, IX
Public Health Service 42, I
Railroad Retirement Board 20, II
Reclamation, Bureau of 43, I
Refugee Resettlement, Office of 45, IV
Regional Action Planning Commissions 13, V
Relocation Allowances 41, 302
Research and Innovative Technology Administration 49, XI
Rural Business-Cooperative Service 7, XVIII, XLII
Rural Development Administration 7, XLII
Rural Housing Service 7, XVIII, XXXV
Rural Telephone Bank 7, XVI
Rural Utilities Service 7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation 33, IV
Science and Technology Policy, Office of 32, XXIV
Science and Technology Policy, Office of, and National 47, II
Security Council
Secret Service 31, IV
Securities and Exchange Commission 17, II
Selective Service System 32, XVI
Small Business Administration 2, XXVII; 13, I
Smithsonian Institution 36, V
Social Security Administration 20, III; 48, 23
Soldiers’ and Airmen’s Home, United States 5, XI
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CFR Title, Subtitle or
Agency Chapter
Special Education and Rehabilitative Services, Office of 34, III
State Department 2, VI; 22, I; 28, XI
Federal Acquisition Regulation 48, 6
Surface Mining and Reclamation Appeals, Board of 30, III
Surface Mining Reclamation and Enforcement, Office of 30, VII
Surface Transportation Board 49, X
Susquehanna River Basin Commission 18, VIII
Technology Administration 15, XI
Technology Policy, Assistant Secretary for 37, IV
Technology, Under Secretary for 37, V
Tennessee Valley Authority 5, LXIX; 18, XIII
Thrift Supervision Office, Department of the Treasury 12, V
Trade Representative, United States, Office of 15, XX
Transportation, Department of 5, L
Commercial Space Transportation 14, III
Contract Appeals, Board of 48, 63
Emergency Management and Assistance 44, IV
Federal Acquisition Regulation 48, 12
Federal Aviation Administration 14, I
Federal Highway Administration 23, I, II
Federal Motor Carrier Safety Administration 49, III
Federal Railroad Administration 49, II
Federal Transit Administration 49, VI
Maritime Administration 46, II
National Highway Traffic Safety Administration 23, II, III; 49, V
Pipeline and Hazardous Materials Safety Administration 49, I
Saint Lawrence Seaway Development Corporation 33, IV
Secretary of Transportation, Office of 14, II; 49, Subtitle A
Surface Transportation Board 49, X
Transportation Statistics Bureau 49, XI
Transportation, Office of 7, XXXIII
Transportation Security Administration 49, XII
Transportation Statistics Bureau 49, XI
Travel Allowances, Temporary Duty (TDY) 41, 301
Treasury Department 5, XXI; 12, XV; 17, IV;
31, IX
Alcohol and Tobacco Tax and Trade Bureau 27, I
Community Development Financial Institutions Fund 12, XVIII
Comptroller of the Currency 12, I
Customs and Border Protection Bureau 19, I
Engraving and Printing, Bureau of 31, VI
Federal Acquisition Regulation 48, 10
Federal Law Enforcement Training Center 31, VII
Fiscal Service 31, II
Foreign Assets Control, Office of 31, V
Internal Revenue Service 26, I
International Investment, Office of 31, VIII
Monetary Offices 31, I
Secret Service 31, IV
Secretary of the Treasury, Office of 31, Subtitle A
Thrift Supervision, Office of 12, V
Truman, Harry S. Scholarship Foundation 45, XVIII
United States and Canada, International Joint Commission 22, IV
United States and Mexico, International Boundary and Water 22, XI
Commission, United States Section
Utah Reclamation Mitigation and Conservation Commission 43, III
Veterans Affairs Department 2, VIII; 38, I
Federal Acquisition Regulation 48, 8
Veterans’ Employment and Training Service, Office of the 41, 61; 20, IX
Assistant Secretary for
Vice President of the United States, Office of 32, XXVIII
Vocational and Adult Education, Office of 34, IV
Wage and Hour Division 29, V
Water Resources Council 18, VI
Workers’ Compensation Programs, Office of 20, I
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List of CFR Sections Affected
All changes in this volume of the Code of Federal Regulations that
were made by documents published in the FEDERAL REGISTER since Jan-
uary 1, 2001, are enumerated in the following list. Entries indicate the
nature of the changes effected. Page numbers refer to FEDERAL REGISTER
pages. The user should consult the entries for chapters and parts as well
as sections for revisions.
For the period before January 1, 2001, see the ‘‘List of CFR Sections
Affected, 1949–1963, 1964–1972, 1973–1985, and 1986–2000’’ published in 11 sep-
arate volumes.

2001 49 CFR—Continued 66 FR
Page
49 CFR 66 FR
Chapter I—Continued
Page
199.1—199.25 (Subpart A) heading
Chapter I revised ..................................... 47117
192.801—192.809 (Subpart N) Head- 199.1 Revised ................................ 47117
ing added .................................. 43523
199.2 Added ................................... 47117
192.803 Amended ........................... 43523
192.809 (c) revised .......................... 43524 199.3 Amended; introductory text
195.2 Regulation at 65 FR 80544 eff. revised ..................................... 47117
date delayed............................... 9532 199.5 Revised ................................ 47118
195.3 (b)(8) and (c)(7) added ............ 67004 199.7 Redesignated as 199.101; new
195.5 (b) revised............................. 67004 199.7 added ................................ 47118
195.6 Regulation at 65 FR 80544 eff. 199.9 Redesignated as 199.103 ......... 47118
date delayed............................... 9532 Redesignated from 199.207;
195.236 Removed ........................... 67004 amended ...................................47119
195.238 Removed ........................... 67004 199.11 Redesignated as 199.105........ 47118
195.242 Removed ........................... 67004 199.13 Redesignated as 199.107........ 47118
195.244 Removed ........................... 67004 199.15 Redesignated as 199.109........ 47118
195.402 (c)(3) revised ...................... 67004 199.17 Redesignated as 199.111........ 47118
195.404 (a)(1)(v) removed; 199.19 Redesignated as 199.113........ 47118
(a)(1)(vi), (vii) and (viii) redes- 199.21 Redesignated as 199.115........ 47118
ignated as (a)(1)(v), (vi) and 199.23 Redesignated as 199.117........ 47118
(vii) .......................................... 67004
199.25 Redesignated as 199.119........ 47118
195.414 Removed ........................... 67004
195.416 Removed ........................... 67004 199.100—199.119 (Subpart B) Head-
195.418 Removed ........................... 67004 ing added .................................. 47118
195.450 Regulation at 65 FR 75405 199.100 Added ................................ 47118
eff. date delayed ......................... 9532 199.101 Redesignated from
195.452 Regulation at 65 FR 75405 199.7.......................................... 47118
eff. date delayed ......................... 9532 199.103 Redesignated from 199.9;
195.501—195.509 (Subpart G) Head- (a)(1) amended; (b)(2) re-
ing added .................................. 43524 vised......................................... 47118
195.503 Amended ........................... 43524 199.105 Redesignated from 199.11;
195.509 (c) revised .......................... 43524 (b) and (e) revised; (c)(3) and (4)
195.551—195.589 (Subpart H) amended................................... 47118
Added ....................................... 67004 199.107 Redesignated from
195 Regulation at 65 FR 75409 eff. 199.13 ........................................ 47118
date delayed............................... 9532 199.109 Redesignated from 199.15;
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49 CFR (10–1–07 Edition)

49 CFR—Continued 66 FR 2003
Page
Chapter I—Continued 49 CFR 68 FR
Page
199.111 Redesignated from 199.17;
heading revised; (b) and (c) Chapter I
amended................................... 47118 190.3 Amended .............................. 11748
199.113 Redesignated from 191.1 (b) revised............................. 46111
199.19 ........................................ 47118 191.3 Amended .............................. 11749
199.115 Redesignated from 192 Meetings ..................................... 56
199.21 ........................................ 47118 Policy statement .........................35574
199.117 Redesignated from 192.1 (b) revised............................. 46112
199.23 ........................................ 47119 192.3 Amended .............................. 11749
(b) amended .................................47119 Amended; eff. 10–15–03 ..................53900
199.119 Redesignated from 192.123 (b)(2)(i) amended; eff. 10–
199.25 ........................................ 47118 15–03 ......................................... 53900
199.200—199.245 (Subpart B) Re- 192.197 (a) amended; eff. 10–15–
designated as Subpart C ............ 47118 03.............................................. 53900
199.201 Removed ........................... 47119 192.285 (d) amended; eff. 10–15–
199.202 Amended ........................... 47119 03.............................................. 53900
199.203 Removed ........................... 47119 192.311 Revised; eff. 10–15–03 .......... 53900
199.205 Removed ........................... 47119 192.321 (e) revised; eff. 10–15–03....... 53900
199.207 Redesignated as 199.9 ......... 47119 192.353 (a) amended; eff. 10–15–
199.209 Existing text designated 03.............................................. 53900
as (a); (b) added ......................... 47119 192.361 (g) added; eff. 10–15–03 ......... 53900
199.213 Removed ........................... 47119 192.457 (b)(3) amended; (c) re-
199.225 (a)(2)(ii) and (b)(4)(ii) re- moved; eff. 10–15–03 ................... 53900
moved ...................................... 47119 192.465 (e) revised; eff. 10–15–03....... 53900
199.231 (g) revised.......................... 47119 192.479 Revised; eff. 10–15–03 .......... 53901
192.481 Revised; eff. 10–15–03 .......... 53901
192.517 Introductory text through
2002 (g) redesignated as (a) and
49 CFR 67 FR (a)(1) through (7); new (b)
Page added; eff. 10–15–03..................... 53901
Chapter I 192.553 (d) amended; eff. 10–15–
192.761 Heading and section 03.............................................. 53901
added........................................ 50834 192.605 (b)(11) added; eff. 10–15–
195.50 (c) removed; (d), (e) and (f) 03.............................................. 53901
redesignated as new (c), (d) and 192.625 (f) introductory text
(e); (b), new (c), (d) and (e) re- amended; eff. 10–15–03................ 53901
vised............................................ 836 192.739 (c) revised; eff. 10–15–03....... 53901
Regulation at 67 FR 836 eff. 1–08– 192.743 Revised; eff. 10–15–03 .......... 53901
02................................................6436 192.745 Existing text designated
195.452 (a), (c)(1)(i) introductory as (a); (b) added; eff. 10–15–
text, (C), (f)(4) and (h) re- 03.............................................. 53901
vised .......................................... 1660 192.747 Existing text designated
(j)(2) amended; (j)(4), (5) intro- as (a); (b) added; eff. 10–15–
ductory text and (iii) revised; 03.............................................. 53901
(j)(6) removed; (k)(1) redesig- 192.753 (a) introductory text and
nated as (l) and (l)(1) designa- (b) revised; eff. 10–15–03.............. 53901
tion added; (k)(2) redesignated 192.761 Removed ........................... 69816
as (l)(2); (m) added .......................1661 192.901—192.951 (Subpart O)
(a), (b), (d) heading, (1) and (2) re- Added ....................................... 69816
vised; (d) introductory text 192 Appendix A amended; Appen-
added .........................................2143 dix E added ............................... 69827
(d)(2) table corrected ....................46911 193.2007 Amended.......................... 11749
195 Appendix C amended ................. 1661 195 Policy statement .................... 35574
195.573 Corrected .......................... 70118 Meetings ..........................................56
199 Random drug testing rate ........ 2611, 195.1 (b)(5) and (6) removed; new
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List of CFR Sections Affected

49 CFR—Continued 68 FR 49 CFR—Continued 69 FR
Page Page
Chapter I—Continued (b)(2) revised ................................54592
195.2 Amended .............................. 11749 192.739 Introductory text and (a)
195.222 Existing text designated through (d) redesignated as (a)
as (a); (b) added; eff. 10–14– introductory text and (1)
03.............................................. 53528 through (4); new (a)(3) revised;
195.252 Revised; eff. 10–14–03 .......... 53528 (b) added ................................... 27863
195.310 (b)(8) and (9) amended; Regulation at 69 FR 27863 con-
(b)(10) added; eff. 10–14–03 .......... 53528 firmed; eff. 10-8-04......................54249
195.403 (a)(5) revised; eff. 10–14– 192.743 (a) revised.......................... 27863
03.............................................. 53528 Regulation at 69 FR 27863 con-
195.434 Revised; eff. 10–14–03 .......... 53528 firmed; eff. 10-8-04......................54249
198.3 Amended .............................. 11750
192.761 Regulation at 68 FR 69816
199 Random drug testing rate........ 69046
eff. date corrected ...................... 2307
199.3 Amended ..................... 11750, 75465
192.901—192.951 (Subpart O) Regu-
199.117 (a)(4) removed; (a)(5) re-
lation at 68 FR 69816 eff. date
designated as new (a)(4); (a)(2)
corrected ................................... 2307
and new (a)(4) revised ................ 75465
199.119 Revised ............................. 75465 192.903 Correctly amended ............ 18231
199.229 Revised ............................. 75466 Amended .....................................29904
192.909 (b) correctly revised........... 18231
192.911 (i) correctly amended......... 18231
2004 192.913 (b)(1)(vii) correctly
49 CFR 69 FR amended; (b)(2)(i) correctly re-
Page vised......................................... 18231
Title 49 Nomenclature change ...... 18803 192.917 (a) introductory text, (b),
191.7 Amended .............................. 32892 (e)(1), (3) and (4) correctly re-
192 Technical correction............... 21975 vised; (e)(5) correctly amend-
192.3 Amended ............ 32892, 48406, 54592 ed ............................................. 18231
192.7 (b) and (c) revised .................. 32892 192.921 (a)(2), (4) and (g) correctly
(c)(2) table amended .....................54592 revised; (c) and (f) correctly
192.9 Correctly revised .................. 18231
amended................................... 18232
192.113 Amended ........................... 32894
192.925 (b) correctly revised........... 18232
192.121 Amended ........................... 32894
(b) revised ....................................29904
192.123 (a) introductory text and
(b)(2)(i) revised; (e) added .......... 32894 192.927 (b), (c)(3) introductory
(a) introductory text revised ........54592 text and (4)(i) correctly re-
192.144 Introductory text and (b) vised......................................... 18232
introductory revised ................ 32894 192.929 (a) correctly revised........... 18233
192.145 (a) revised.......................... 32894 192.933 (b), (c) and (d)(1)(iii) cor-
192.150 (a) and (b)(7) revised ........... 36029 rectly revised ........................... 18233
192.225 Heading and (a) revised ...... 32894 192.935 Heading, (b)(1) introduc-
192.227 (a) revised.......................... 32894 tory text, (ii), (iv) and (d) intro-
192.229 (c)(1) revised ...................... 32895 ductory text correctly revised;
192.241 (a) introductory text and (d)(3) correctly added ................ 18233
(c) revised ................................. 32895 (d) introductory text revised ........29904
192.283 Heading, (a)(1)(i), (ii), (iii), 192.937 (c)(2) and (4) correctly re-
(3) and (b)(1) revised .................. 32895 vised......................................... 18234
(a)(1)(ii) and (iii) revised ...............54592 192.939 (a) introductory text,
192.285 Heading revised ................. 32895 (1)(i) and (b)(5) correctly re-
192.287 Heading revised ................. 32895 vised; (a)(3) and (b) introduc-
192.321 (a) revised; (h) added .......... 32895 tory text correctly amended;
192.327 (e) revised .......................... 48406 (b)(6) correctly designated ........ 18234
192.505 (d)(1) and (2) revised; (d)(3) 192.941 (b)(2)(ii) correctly amend-
added........................................ 32895 ed ............................................. 18234
(d)(1), (2) and (3) revised ................54592 192.943 (a)(1) correctly revised....... 18234
192.611 (d) revised.......................... 32895 192.945 (a) correctly revised; (b)
192.612 Revised ............................. 48406 correctly amended.................... 18234
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49 CFR (10–1–07 Edition)

49 CFR—Continued 69 FR 2005
Page
192 Regulation at 68 FR 69827 eff. 49 CFR 70 FR
Page
date corrected ............................ 2307
Subtitle B
Appendix A correctly amended; Chapter I
Appendix E correctly revised
190.1 (a) amended .......................... 11137
................................................. 18234 190.3 Amended .............................. 11137
Appendix E amended ....................29904 190.7 (a), (h), (i) and (j) amend-
Appendix A removed; Appendix B ed ............................................. 11137
revised ......................................32895 190.9 (b)(1)(ii) and (2) amended ....... 11137
Appendix C amended ....................32896 190.11 (a)(1), (2), (b) introductory
Appendix B amended ....................54592 text and (2) amended ................. 11137
193 Actions on petitions ................ 41761 190.203 (a), (b)(6) and (d) amended;
193.2005 (a) revised ........................ 11336 (e) redesignated as (f); heading
193.2013 Revised ............................ 11336 and new (f) revised; new (e)
193.2017 (c) added........................... 11336 added........................................ 11137
193.2019 (a) amended...................... 11336 190.211 (c) amended ....................... 11137
190.213 (e) revised .......................... 11137
193.2051 Amended.......................... 11336
190.215 (f) revised .......................... 11137
193.2057 Introductory text and (a) 190.223 (a) revised; (d) redesig-
amended................................... 11336 nated as (e); new (d) added ......... 11137
193.2059 Introductory text, (a) and 190.225 Revised ............................. 11137
(c) amended .............................. 11336 190.227 (a) revised.......................... 11138
193.2101 Amended.......................... 11336 190.229 (e) redesignated as (f); (c)
193.2301 Amended.......................... 11336 and new (f) revised; new (e)
193.2303 Amended.......................... 11337 added........................................ 11138
193.2401 Amended.......................... 11337 190.231 Amended ........................... 11137
193.2503 (e) and (g) amended; (h) 190.233 (c)(3) amended ................... 11137
removed ................................... 11337 Revised ........................................11138
193.2507 Amended.......................... 11337 190.235 Amended ........................... 11137
193.2509 (b) amended ..................... 11337 Revised ........................................11139
190.301 Amended ........................... 11137
193.2521 Amended.......................... 11337
190.303 Amended ........................... 11137
193.2605 (b)(2) revised .................... 11337 190.305 (a) amended ....................... 11137
193.2639 Amended.......................... 11337 (b) revised ....................................11139
193.2705 (b) revised ........................ 11337 190.307 Amended ........................... 11137
193.2717 (a) revised; (c) added ......... 11337 190.309 Amended ........................... 11137
193.2801 Revised ............................ 11337 191.1 (b)(2) amended ...................... 11139
193 Appendix A removed ............... 11337 191.3 Amended .............................. 11139
195.2 Amended ..................... 32896, 48406 191.7 Amended .............................. 11139
195.3 Heading, (b) and (c) re- 191.27 (b) amended ........................ 11139
vised......................................... 32896 192.1 (b)(2) amended ...................... 11139
195.49—195.63 (Subpart B) Head- 192.3 Amended................................ 3148
ing revised ................................... 541 192.3 Amended .............................. 11139
192.7 (b) amended .......................... 11139
195.49 Added .................................... 541
(c)(2) table amended .....................28842
195.58 Amended............................. 32897 192.10 Amended............................. 11139
195.214 Heading and (a) revised ...... 32897 192.490 Added ................................ 61575
195.222 Revised .................... 32897, 54593 192.614 (c)(5) corrected; CFR cor-
195.228 (b) revised.......................... 32898 rection ..................................... 57194
195.246 (b) revised.......................... 48407 192.616 Revised ............................. 28842
195.248 (a) and (b) introductory (c) correctly revised .....................35041
text revised .............................. 48407 192.727 (g)(1) and (2) amended......... 11139
195.413 Revised ............................. 48407 192.805 (f) and (g) amended; (h) and
199.119 (b) revised.......................... 32898 (i) added.................................... 10335
199.229 (c) revised .......................... 32898 Regulation at 70 FR 10335 con-
firmed.......................................34693
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List of CFR Sections Affected

49 CFR—Continued 70 FR 2006
Page
Chapter I—Continued 49 CFR 71 FR
Page
Regulation at 70 FR 10335 con-
firmed.......................................34693 Chapter I
192.949 Amended ........................... 11139 192 Nomenclature change .... 33406, 33407
192.951 Amended ........................... 11139 192.1 Heading and (b)(4) revised;
193.2007 Amended.......................... 11140 (b)(5) removed; (b)(6) redesig-
193.2013 Amended.......................... 11140 nated as new (b)(5)..................... 13301
194.5 Amended................................ 8746 192.7 Heading revised; (c)(2) table
amended................................... 13301
194.7 Revised .................................. 8746
(c) revised ....................................33406
194.101 (a) revised ........................... 8747
192.8 Added ................................... 13302
(a) amended .................................11140 192.9 Revised ................................ 13302
194.105 (b)(4) added ......................... 8747 192.13 Heading, (a) and (b) re-
(b)(4) correctly revised .................35042 vised......................................... 13303
194.107 Revised ............................... 8747 192.121 Amended ........................... 33407
194.109 (b)(2) revised ....................... 8748 192.123 (e) introductory text
194.111 (a) revised ........................... 8748 amended................................... 33407
194.113 (b)(2) revised ....................... 8748 192.452 Heading revised; existing
194.119 (a), (d), (e) and (f) re- text designated as (a); (a) head-
vised .......................................... 8748 ing and (b) added ....................... 13303
(a) through (f) amended ................11140 192.619 Heading, (a)(3) and (c) re-
194.121 (a) revised ........................... 8748 vised......................................... 13303
(b), (c) and (d) amended .................11140 (a)(1)(i) revised.............................33407
194 Appendix A amended ................ 8748 192.801—192.951 Undesignated
195.1 Amended .............................. 11140 center heading removed............ 33408
195.2 Amended .............................. 11140 192.901—192.951 (Subpart O) Head-
195.3 (b) amended .......................... 11140 ing revised ................................ 33408
(c) table amended .........................28842 192 Appendix B amended ............... 33408
(c) table amended .........................61576 193 Nomenclature changes... 33408, 33409
195.9 Amended .............................. 11140 193.2013 Revised ............................ 33408
195.57 (b) amended ........................ 11140 193.2067 (b)(1) revised .................... 33409
195.58 Amended............................. 11140 195 Nomenclature change ... 33409, 33410,
195.59 (a) and (b) amended.............. 11140 33411
195.440 Revised ............................. 28843 195.3 Heading, (b) and (c) re-
vised......................................... 33409
195.452 (m) amended ...................... 11140
195.116 (d) revised.......................... 33410
(c)(1)(i)(B) and (j)(5)(ii) amended;
195.264 (b)(1)(i), (ii), (2), (e)(3) and
(c)(1)(i)(C) and (j)(5)(iii) redes-
(4) revised ................................. 33410
ignated as (c)(1)(i)(D) and 195.307 (b) revised.......................... 33410
(j)(5)(iv); new (c)(1)(i)(C) and 195.571 Revised ............................. 33411
(j)(5)(iii) added ..........................61576 195.573 (a)(2) revised ...................... 33411
195.505 (f) and (g) amended; (h) and
(i) added.................................... 10336
Regulation at 70 FR 10336 con- 2007
firmed.......................................34693 (Regulations published from January 1,
195.509 (a) revised; (e) added........... 10336 2007, through October 1, 2007)
Regulation at 70 FR 10336 con-
firmed.......................................34693
49 CFR 72 FR
Page
195.553 Amended ........................... 61576 192.1 (b) introductory text, (2) and
195.588 Added ................................ 61576 (4)(iii) correctly revised.............. 4656
198.3 Amended .............................. 11140 192.7 (c)(2) table correctly amend-
198.13 (e) amended......................... 11140 ed............................................... 4656
199 Random drug testing rate ............ 50 192.143 Existing text designated
199.3 Amended .............................. 11140 as (a); (b) added ......................... 20059
199.7 Amended .............................. 11140 192.227 (a) correctly revised ............ 4656
199.119 (a) and (b) amended ............ 11140 192.476 Added ................................ 20059
199.225 (b)(4) amended ................... 11140 192.727 (g)(1) correctly revised;
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199.229 (a) and (c) amended ............ 11140 (g)(2) correctly removed ............. 4656

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49 CFR (10–1–07 Edition)

49 CFR—Continued 72 FR 49 CFR—Continued 72 FR
Page Page
192.903 Correctly amended.............. 4657 192.951 (1), (2) and (3) correctly re-
192.933 (a) and (c) revised ............... 39016 designated as (a), (b) and (c) ........ 4657
192.949 Heading correctly revised; 195.59 Heading and (a) revised; (b)
(1), (2) and (3) correctly redesig- removed..................................... 4657
nated as (a), (b) and (c) ................ 4657 195.452 (h)(1), (3), (4) and (j)(3) re-
vised......................................... 39017

Æ
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