COMPLETE PHMSA Regs 10 1 15 Edition 190 199

SUBCHAPTER D—PIPELINE SAFETY
PARTS 186–189 [RESERVED] Subpart D—Procedures for Adoption of

Rules
PART 190—PIPELINE SAFETY EN- 190.301 Scope.
FORCEMENT AND REGULATORY 190.303 Delegations.
PROCEDURES 190.305 Regulatory dockets.
190.307 Records.
Subpart A—General 190.309 Where to file petitions.
190.311 General.
Sec. 190.313 Initiation of rulemaking.
190.1 Purpose and scope. 190.315 Contents of notices of proposed rule-
190.3 Definitions. making.
190.5 Service. 190.317 Participation by interested persons.
190.7 Subpoenas; witness fees. 190.319 Petitions for extension of time to
190.9 Petitions for finding or approval. comment.
190.11 Availability of informal guidance and 190.321 Contents of written comments.
interpretive assistance. 190.323 Consideration of comments received.
190.325 Additional rulemaking proceedings.
Subpart B—Enforcement 190.327 Hearings.
190.329 Adoption of final rules.
190.201 Purpose and scope. 190.331 Petitions for rulemaking.
190.203 Inspections and investigations. 190.333 Processing of petition.
190.205 Warnings. 190.335 Petitions for reconsideration.
190.206 Amendment of plans or procedures. 190.337 Proceedings on petitions for recon-
190.207 Notice of probable violation. sideration.
190.208 Response options. 190.338 Appeals.
190.209 Case file. 190.339 Direct final rulemaking.
190.210 Separation of functions. 190.341 Special permits.
190.211 Hearing.
190.212 Presiding official, powers, and du- AUTHORITY: 33 U.S.C. 1321(b); 49 U.S.C. 60101
ties. et seq.; 49 CFR 1.96.
190.213 Final order. SOURCE: 45 FR 20413, Mar. 27, 1980, unless
190.215 Reserved. otherwise noted.
COMPLIANCE ORDERS EDITORIAL NOTE: Nomenclature changes to
part 190 appear at 78 FR 58908, Sept. 25, 2013.
190.217 Compliance orders generally.
190.219 Consent order.
Subpart A—General
CIVIL PENALTIES
190.221 Civil penalties generally. § 190.1 Purpose and scope.
190.223 Maximum penalties. (a) This part prescribes procedures
190.225 Assessment considerations. used by the Pipeline and Hazardous
190.227 Payment of penalty. Materials Safety Administration in
CRIMINAL PENALTIES carrying out duties regarding pipeline
safety under 49 U.S.C. 60101 et seq. (the
190.229 [Reserved]
pipeline safety laws) and 33 U.S.C. 1321
190.231 [Reserved]
(the water pollution control laws).
SPECIFIC RELIEF (b) This subpart defines certain terms
190.233 Corrective action orders.
and prescribes procedures that are ap-
190.235 Injunctive action. plicable to each proceeding described
190.237 [Reserved] in this part.
190.239 Safety orders. [45 FR 20413, Mar. 27, 1980, as amended by
190.241 Finality. Amdt. 190–6, 61 FR 18512, Apr. 26, 1996; 70 FR
190.243 Petitions for reconsideration. 11137, Mar. 8, 2005; Amdt. 190–16, 78 FR 58908,
Sept. 25, 2013]
Subpart C—Criminal Enforcement
Lhorne on DSK5TPTVN1PROD with CFR
§ 190.3 Definitions.
190.291 Criminal penalties generally.
190.293 Referral for prosecution. As used in this part:
379
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§ 190.5 49 CFR Ch. I (10–1–15 Edition)
Administrator means the Adminis- State means a State of the United

trator, Pipeline and Hazardous Mate- States, the District of Columbia and
rials Safety Administration or his or the Commonwealth of Puerto Rico.
her delegate. [Amdt. 190–6, 61 FR 18513, Apr. 26, 1996, as
Associate Administrator means the As- amended at 68 FR 11749, Mar. 12, 2003; 70 FR
sociate Administrator for Pipeline 11137, Mar. 8, 2005; Amdt. 190–15, 74 FR 62505,
Safety, or his or her delegate. Nov. 30, 2009; Amdt. 190–16, 78 FR 58908, Sept.
25, 2013]
Chief Counsel means the Chief Coun-
sel of PHMSA. § 190.5 Service.
Day means a 24-hour period ending at
(a) Each order, notice, or other docu-
11:59 p.m. Unless otherwise specified, a
ment required to be served under this
day refers to a calendar day.
part will be served personally, by cer-
Hearing means an informal con- tified mail, overnight courier, or elec-
ference or a proceeding for oral presen- tronic transmission by facsimile or
tation. Unless otherwise specifically other electronic means that includes
prescribed in this part, the use of reliable acknowledgement of actual re-
‘‘hearing’’ is not intended to require a ceipt.
hearing on the record in accordance (b) Service upon a person’s duly au-
with section 554 of title 5, U.S.C. thorized representative or agent con-
OPS means the Office of Pipeline stitutes service upon that person.
Safety, which is part of the Pipeline (c) Service by certified mail or over-
and Hazardous Materials Safety Ad- night courier is complete upon mail-
ministration, U.S. Department of ing. Service by electronic transmission
Transportation. is complete upon transmission and ac-
Operator means any owner or oper- knowledgement of receipt. An official
ator. receipt for the mailing from the U.S.
Person means any individual, firm, Postal Service or overnight courier, or
joint venture, partnership, corporation, a facsimile or other electronic trans-
association, State, municipality, coop- mission confirmation, constitutes
erative association, or joint stock asso- prima facie evidence of service.
ciation, and includes any trustee, re- [45 FR 20413, Mar. 27, 1980, as amended at 73
ceiver, assignee, or personal represent- FR 16567, Mar. 28, 2008; Amdt. 190–16, 78 FR
ative thereof. 58909, Sept. 25, 2013]
Presiding Official means the person
§ 190.7 Subpoenas; witness fees.
who conducts any hearing relating to
civil penalty assessments, compliance (a) The Administrator, Chief Counsel,
orders, orders directing amendment, or the official designated by the Ad-
safety orders, or corrective action or- ministrator to preside over a hearing
ders and who has the duties and powers convened in accordance with this part,
set forth in § 190.212. may sign and issue subpoenas individ-
ually on his or her own initiative at
Regional Director means the head of
any time, including pursuant to an in-
any one of the Regional Offices of the
spection or investigation, or upon re-
Office of Pipeline Safety, or a designee
quest and adequate showing by a par-
appointed by the Regional Director.
ticipant to an enforcement proceeding
Regional Offices are located in Tren-
that the information sought will mate-
ton, NJ (Eastern Region); Atlanta, rially advance the proceeding.
Georgia (Southern Region); Kansas (b) A subpoena may require the at-
City, Missouri (Central Region); Hous- tendance of a witness, or the produc-
ton, Texas (Southwest Region); and tion of documentary or other tangible
Lakewood, Colorado (Western Region). evidence in the possession or under the
Respondent means a person upon control of person served, or both.
whom OPS has served an enforcement (c) A subpoena may be served person-
action described in this part. ally by any person who is not an inter-
PHMSA means the Pipeline and Haz- ested person and is not less than 18
ardous Materials Safety Administra- years of age, or by certified mail.

tion of the United States Department (d) Service of a subpoena upon the
of Transportation. person named in the subpoena is
380
Pipeline and Hazardous Materials Safety Administration, DOT § 190.9
achieved by delivering a copy of the rious hardship if required to pay the

subpoena to the person and by paying witness fees and mileage.
the fees for one day’s attendance and (i) Any person to whom a subpoena is
mileage, as specified by paragraph (g) directed may, prior to the time speci-
of this section. When a subpoena is fied therein for compliance, but in no
issued at the instance of any officer or event more than 10 days after the date
agency of the United States, fees and of service of such subpoena, apply to
mileage need not be tendered at the the official who issued the subpoena, or
time of service. Delivery of a copy of a if the person is unavailable, to the Ad-
subpoena and tender of the fees to a ministrator to quash or modify the
natural person may be made by hand- subpoena. The application shall con-
ing them to the person, leaving them tain a brief statement of the reasons
at the person’s office with a person in relied upon in support of the action
charge, leaving them at the person’s sought therein. The Administrator, or
residence with a person of suitable age this issuing official, as the case may
and discretion residing there, by mail- be, may:
ing them by certified mail to the per- (1) Deny the application;
son at the last known address, or by (2) Quash or modify the subpoena; or
any method whereby actual notice is (3) Condition a grant or denial of the
given to the person and the fees are application to quash or modify the sub-
made available prior to the return poena upon the satisfaction of certain
date. just and reasonable requirements. The
(e) When the person to be served is denial may be summary.
not a natural person, delivery of a copy (j) Upon refusal to obey a subpoena
of the subpoena and tender of the fees served upon any person under the pro-
may be achieved by handing them to a visions of this section, the PHMSA
designated agent or representative for may request the Attorney General to
service, or to any officer, director, or seek the aid of the U. S. District Court
agent in charge of any office of the per- for any District in which the person is
son, or by mailing them by certified found to compel that person, after no-
mail to that agent or representative tice, to appear and give testimony, or
and the fees are made available prior to to appear and produce the subpoenaed
the return date. documents before the PHMSA, or both.
(f) The original subpoena bearing a [45 FR 20413, Mar. 27, 1980, as amended by
certificate of service shall be filed with Amdt. 190–6, 61 FR 18513, Apr. 26, 1996; Amdt.
the official having responsibility for 190–7, 63 FR 7722, Feb. 17, 1998; 70 FR 11137,
Mar. 8, 2005; Amdt. 190–16, 78 FR 58909, Sept.
the proceeding in connection with
25, 2013]
which the subpoena was issued.
(g) A subpoenaed witness shall be § 190.9 Petitions for finding or ap-
paid the same fees and mileage as proval.
would be paid to a witness in a pro- (a) In circumstances where a rule
ceeding in the district courts of the contained in parts 192, 193 and 195 of
United States. The witness fees and this chapter authorizes the Adminis-
mileage shall be paid by the person at trator to make a finding or approval,
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
381
§ 190.11 49 CFR Ch. I (10–1–15 Edition)
comments are requested and delay is lines are not staffed, individuals may
expected, of the date by which action leave a recorded voicemail message or
will be taken. post a message on the OPS Web site.
(1) For operators seeking a finding or The telephone number for the OPS in-
approval involving intrastate pipeline formation line is (202) 366–4595 and the
transportation, petitions must be sent OPS Web site can be accessed via the
to: Internet at http://phmsa.dot.gov/pipeline.
(i) The State agency certified to par- (b) Availability of written interpreta-
ticipate under 49 U.S.C. 60105. tions. A written regulatory interpreta-
(ii) Where there is no state agency tion, response to a question, or an
certified to participate, the Adminis- opinion concerning a pipeline safety
trator, Pipeline and Hazardous Mate-
issue may be obtained by submitting a
rials Safety Administration, 1200 New
written request to the Office of Pipe-
Jersey Avenue, SE, Washington, DC
line Safety (PHP–30), PHMSA, U.S. De-
20590.
(2) For operators seeking a finding or partment of Transportation, 1200 New
approval involving interstate pipeline Jersey Avenue SE., Washington, DC
transportation, petitions must be sent 20590–0001. The requestor must include
to the Administrator, Pipeline and his or her return address and should
Hazardous Materials Safety Adminis- also include a daytime telephone num-
tration, 1200 New Jersey Avenue, SE, ber. Written requests should be sub-
Washington, DC 20590. mitted at least 120 days before the time
(c) All petitions must be received at the requestor needs a response.
least 90 days prior to the date by which [Amdt. 190–16, 78 FR 58909, Sept. 25, 2013]
the operator requests the finding or ap-
proval to be made.
(d) The Administrator will make all Subpart B—Enforcement
findings or approvals of petitions initi-
§ 190.201 Purpose and scope.
ated under this section. A participating
state agency receiving petitions initi- (a) This subpart describes the en-
ated under this section shall provide forcement authority and sanctions ex-
the Administrator a written rec- ercised by the Associate Administrator
ommendation as to the disposition of for achieving and maintaining pipeline
any petition received by them. Where safety and compliance under 49 U.S.C.
the Administrator does not reverse or 60101 et seq., 33 U.S.C. 1321(j), and any
modify a recommendation made by a regulation or order issued thereunder.
state agency within 10 business days of It also prescribes the procedures gov-
its receipt, the recommended disposi- erning the exercise of that authority
tion shall constitute the Administra- and the imposition of those sanctions.
tor’s decision on the petition. (b) A person who is the subject of ac-
[Amdt. 190–5, 59 FR 17280, Apr. 12, 1994, as tion pursuant to this subpart may be
amended by Amdt. 190–6, 61 FR 18513, Apr. 26, represented by legal counsel at all
1996; 70 FR 11137, Mar. 8, 2005; 73 FR 16566, stages of the proceeding.
Mar. 28, 2008]
[45 FR 20413, Mar. 27, 1980, as amended by
§ 190.11 Availability of informal guid- Amdt. 190–6, 61 FR 18513, Apr. 26, 1996; Amdt.
ance and interpretive assistance. 190–16, 78 FR 58909, Sept. 25, 2013]
(a) Availability of telephonic and Inter-
§ 190.203 Inspections and investiga-
net assistance. PHMSA has established tions.
a Web site and a telephone line to OPS
headquarters where information on and (a) Officers, employees, or agents au-
advice about compliance with the pipe- thorized by the Associate Adminis-
line safety regulations specified in 49 trator for Pipeline Safety, PHMSA,
CFR parts 190–199 is available. The Web upon presenting appropriate creden-
site and telephone line are staffed by tials, are authorized to enter upon, in-
personnel from PHMSA’s OPS from 9:00 spect, and examine, at reasonable
a.m. through 5:00 p.m., Eastern Time, times and in a reasonable manner, the
Monday through Friday, with the ex- records and properties of persons to the
ception of Federal holidays. When the extent such records and properties are
382
relevant to determining the compli- (e) If a representative of the U.S. De-

ance of such persons with the require- partment of Transportation inspects or
ments of 49 U.S.C. 60101 et seq., or regu- investigates an accident or incident in-
lations or orders issued thereunder. volving a pipeline facility, the operator
(b) Inspections are ordinarily con- must make available to the representa-
ducted pursuant to one of the fol- tive all records and information that
lowing: pertain to the event in any way, in-
(1) Routine scheduling by the Re- cluding integrity management plans
gional Director of the Region in which and test results. The operator must
the facility is located; provide all reasonable assistance in the
(2) A complaint received from a mem- investigation. Any person who ob-
ber of the public; structs an inspection or investigation
(3) Information obtained from a pre- by taking actions that were known or
vious inspection; reasonably should have been known to
(4) Report from a State Agency par- prevent, hinder, or impede an inves-
ticipating in the Federal Program tigation without good cause will be
under 49 U.S.C. 60105; subject to administrative civil pen-
(5) Pipeline accident or incident; or alties under this subpart.
(6) Whenever deemed appropriate by (f) When OPS determines that the in-
the Associate Administrator. formation obtained from an inspection
(c) If the Associate Administrator or or from other appropriate sources war-
Regional Director believes that further rants further action, OPS may initiate
information is needed to determine ap- one or more of the enforcement pro-
propriate action, the Associate Admin- ceedings prescribed in this subpart.
istrator or Regional Director may no- [45 FR 20413, Mar. 27, 1980, as amended by
tify the pipeline operator in writing Amdt. 190–3, 56 FR 31090, July 9, 1991; Amdt.
that the operator is required to provide 190–6, 61 FR 18513, Apr. 26, 1996; Amdt. 190–7,
specific information within 30 days 61 FR 27792, June 3, 1996; Amdt. 190–7, 63 FR
from the time the notification is re- 7722, Feb. 17, 1998; 70 FR 11137, Mar. 8, 2005;
ceived by the operator, unless other- Amdt. 190–16, 78 FR 58909, Sept. 25, 2013]
wise specified in the notification. The
notification must provide a reasonable § 190.205 Warnings.
description of the specific information Upon determining that a probable
required. An operator may request an violation of 49 U.S.C. 60101 et seq., 33
extension of time to respond by pro- U.S.C. 1321(j), or any regulation or
viding a written justification as to why order issued thereunder has occurred,
such an extension is necessary and pro- the Associate Administrator or a Re-
posing an alternative submission date. gional Director may issue a written
A request for an extension may ask for warning notifying the operator of the
the deadline to be stayed while the ex- probable violation and advising the op-
tension is considered. General state- erator to correct it or be subject to po-
ments of hardship are not acceptable tential enforcement action in the fu-
bases for requesting an extension. ture. The operator may submit a re-
(d) To the extent necessary to carry sponse to a warning, but is not required
out the responsibilities under 49 U.S.C. to. An adjudication under this subpart
60101 et seq., the Administrator, or the to determine whether a violation oc-
Associate Administrator, may require curred is not conducted for warnings.
testing of portions of pipeline facilities
that have been involved in, or affected [Amdt. 190–16, 78 FR 58909, Sept. 25, 2013]
by, an accident. However, before exer-
cising this authority, the Adminis- § 190.206 Amendment of plans or pro-
cedures.
trator, or the Associate Administrator,
shall make every effort to negotiate a (a) A Regional Director begins a pro-
mutually acceptable plan with the ceeding to determine whether an opera-
owner of those facilities and, where ap- tor’s plans or procedures required
propriate, the National Transportation under parts 192, 193, 195, and 199 of this
Safety Board for performing the test- subchapter are inadequate to assure
ing. safe operation of a pipeline facility by
383
§ 190.207 49 CFR Ch. I (10–1–15 Edition)
issuing a notice of amendment. The no- penalty for which respondent is liable
tice will specify the alleged inadequa- under law; and
cies and the proposed revisions of the (4) If a compliance order is proposed
plans or procedures and provide an op- under § 190.217, a statement of the re-
portunity to respond. The notice will medial action being sought in the form
allow the operator 30 days following re- of a proposed compliance order.
ceipt of the notice to submit written (c) The Regional Director may amend
comments, revised procedures, or a re- a notice of probable violation at any
quest for a hearing under § 190.211. time prior to issuance of a final order
(b) After considering all material under § 190.213. If an amendment in-
presented in writing or at the hearing, cludes any new material allegations of
if applicable, the Associate Adminis- fact, proposes an increased civil pen-
trator determines whether the plans or alty amount, or proposes new or addi-
procedures are inadequate as alleged. tional remedial action under § 190.217,
The Associate Administrator issues an the respondent will have the oppor-
order directing amendment of the plans tunity to respond under § 190.208.
or procedures if they are inadequate, or
[45 FR 20413, Mar. 27, 1980, as amended by
withdraws the notice if they are not. In Amdt. 190–6, 61 FR 18513, Apr. 26, 1996; Amdt.
determining the adequacy of an opera- 190–16, 78 FR 58910, Sept. 25, 2013]
tor’s plans or procedures, the Associate
Administrator may consider: § 190.208 Response options.
(1) Relevant pipeline safety data; Within 30 days of receipt of a notice
(2) Whether the plans or procedures of probable violation, the respondent
are appropriate for the particular type must answer the Regional Director
of pipeline transportation or facility,
who issued the notice in the following
and for the location of the facility;
manner:
(3) The reasonableness of the plans or
(a) When the notice contains a pro-
procedures; and
posed civil penalty—
(4) The extent to which the plans or
(1) If the respondent is not contesting
procedures contribute to public safety.
an allegation of probable violation, pay
(c) An order directing amendment of
the proposed civil penalty as provided
an operator’s plans or procedures pre-
in § 190.227 and advise the Regional Di-
scribed in this section may be in addi-
rector of the payment. The payment
tion to, or in conjunction with, other
authorizes the Associate Administrator
appropriate enforcement actions pre-
to make a finding of violation and to
scribed in this subpart.
issue a final order under § 190.213;
[Amdt. 190–16, 78 FR 58910, Sept. 25, 2013] (2) If the respondent is not contesting
an allegation of probable violation but
§ 190.207 Notice of probable violation. wishes to submit a written expla-
(a) Except as otherwise provided by nation, information, or other materials
this subpart, a Regional Director be- the respondent believes may warrant
gins an enforcement proceeding by mitigation or elimination of the pro-
serving a notice of probable violation posed civil penalty, the respondent
on a person charging that person with may submit such materials. This au-
a probable violation of 49 U.S.C. 60101 et thorizes the Associate Administrator
seq., 33 U.S.C. 1321(j), or any regulation to make a finding of violation and to
or order issued thereunder. issue a final order under § 190.213;
(b) A notice of probable violation (3) If the respondent is contesting one
issued under this section shall include: or more allegations of probable viola-
(1) Statement of the provisions of the tion but is not requesting a hearing
laws, regulations or orders which the under § 190.211, the respondent may sub-
respondent is alleged to have violated mit a written response in answer to the
and a statement of the evidence upon allegations; or
which the allegations are based; (4) The respondent may request a
(2) Notice of response options avail- hearing under § 190.211.
able to the respondent under § 190.208; (b) When the notice contains a pro-
(3) If a civil penalty is proposed under posed compliance order—

§ 190.221, the amount of the proposed (1) If the respondent is not contesting
civil penalty and the maximum civil an allegation of probable violation,
384
agree to the proposed compliance in all enforcement proceedings con-

order. This authorizes the Associate ducted under this subpart.
Administrator to make a finding of (b) The case file of an enforcement
violation and to issue a final order proceeding consists of the following:
under § 190.213; (1) In cases commenced under
(2) Request the execution of a con- § 190.206, the notice of amendment and
sent order under § 190.219; the relevant procedures;
(3) If the respondent is contesting one (2) In cases commenced under
or more of the allegations of probable § 190.207, the notice of probable viola-
violation or compliance terms, but is tion and the violation report;
not requesting a hearing under § 190.211, (3) In cases commenced under
the respondent may object to the pro- § 190.233, the corrective action order or
posed compliance order and submit notice of proposed corrective action
written explanations, information, or order and the data report, if one is pre-
other materials in answer to the alle- pared;
gations in the notice of probable viola- (4) In cases commenced under
tion; or § 190.239, the notice of proposed safety
(4) The respondent may request a order;
hearing under § 190.211. (5) Any documents and other mate-
rial submitted by the respondent in re-
(c) Before or after responding in ac-
sponse to the enforcement action;
cordance with paragraph (a) of this sec-
(6) In cases involving a hearing, any
tion or, when applicable paragraph (b)
material submitted during and after
of this section, the respondent may re-
the hearing as set forth in § 190.211; and
quest a copy of the violation report (7) The Regional Director’s written
from the Regional Director as set forth evaluation of response material sub-
in § 190.209. The Regional Director will mitted by the respondent and rec-
provide the violation report to the re- ommendation for final action, if one is
spondent within five business days of prepared.
receiving a request.
(d) Failure to respond in accordance [Amdt. 190–16, 78 FR 58910, Sept. 25, 2013]
with paragraph (a) of this section or,
§ 190.210 Separation of functions.
when applicable paragraph (b) of this
section, constitutes a waiver of the (a) General. An agency employee who
right to contest the allegations in the assists in the investigation or prosecu-
notice of probable violation and au- tion of an enforcement case may not
thorizes the Associate Administrator, participate in the decision of that case
without further notice to the respond- or a factually related one, but may par-
ent, to find the facts as alleged in the ticipate as a witness or counsel at a
notice of probable violation and to hearing as set forth in this subpart.
issue a final order under § 190.213. Likewise, an agency employee who pre-
(e) All materials submitted by opera- pares a decision in an enforcement case
tors in response to enforcement actions may not have served in an investiga-
may be placed on publicly accessible tive or prosecutorial capacity in that
Web sites. A respondent seeking con- case or a factually related one.
fidential treatment under 5 U.S.C. (b) Prohibition on ex parte communica-
552(b) for any portion of its responsive tions. A party to an enforcement pro-
materials must provide a second copy ceeding, including the respondent, its
of such materials along with the com- representative, or an agency employee
plete original document. A respondent having served in an investigative or
may redact the portions it believes prosecutorial capacity in the pro-
qualify for confidential treatment in ceeding, may not communicate pri-
the second copy but must provide a vately with the Associate Adminis-
written explanation for each redaction. trator, Presiding Official, or attorney
drafting the recommended decision
[Amdt. 190–16, 78 FR 58910, Sept. 25, 2013] concerning information that is rel-
evant to the questions to be decided in
§ 190.209 Case file.
the proceeding. A party may commu-

(a) The case file, as defined in this nicate with the Presiding Official re-
section, is available to the respondent garding administrative or procedural
385
§ 190.211 49 CFR Ch. I (10–1–15 Edition)
issues, such as for scheduling a hear- testimony or other evidence that is rel-
ing. evant and material to the issues under
[Amdt. 190–16, 78 FR 58911, Sept. 25, 2013]
consideration. The parties may call
witnesses on their own behalf and ex-
§ 190.211 Hearing. amine the evidence and witnesses pre-
sented by the other party. After the
(a) General. This section applies to
evidence in the case has been pre-
hearings conducted under this part re-
sented, the Presiding Official will per-
lating to civil penalty assessments,
mit reasonable discussion of the issues
compliance orders, orders directing
under consideration.
amendment, safety orders, and correc- (f) Written transcripts. If a respondent
tive action orders. The Presiding Offi- elects to transcribe a hearing, the re-
cial will convene hearings conducted spondent must make arrangements
under this section. with a court reporter at cost to the re-
(b) Hearing request and statement of
spondent and submit a complete copy
issues. A request for a hearing must be
of the transcript for the case file. The
accompanied by a statement of the
respondent must notify the Presiding
issues that the respondent intends to
Official in advance if it intends to tran-
raise at the hearing. The issues may re-
scribe a hearing.
late to the allegations in the notice, (g) Post-hearing submission. The re-
the proposed corrective action, or the spondent and OPS may request an op-
proposed civil penalty amount. A re- portunity to submit further written
spondent’s failure to specify an issue material after the hearing for inclusion
may result in waiver of the respond- in the record. The Presiding Official
ent’s right to raise that issue at the will allow a reasonable time for the
hearing. The respondent’s request must submission of the material and will
also indicate whether or not the re- specify the submission date. If the ma-
spondent will be represented by counsel terial is not submitted within the time
at the hearing. The respondent may prescribed, the case will proceed to
withdraw a request for a hearing in
final action without the material.
writing and provide a written response. (h) Preparation of decision. After con-
(c) Telephonic and in-person hearings.
sideration of the case file, the Pre-
A telephone hearing will be held if the
siding Official prepares a recommended
amount of the proposed civil penalty or
decision in the case, which is then for-
the cost of the proposed corrective ac-
warded to the Associate Administrator
tion is less than $25,000, unless the re-
for issuance of a final order.
spondent or OPS submits a written re-
quest for an in-person hearing. In-per- [Amdt. 190–16, 78 FR 58911, Sept. 25, 2013]
son hearings will normally be held at
the office of the appropriate OPS Re- § 190.212 Presiding official, powers,
gion. Hearings may be held by video and duties.
teleconference if the necessary equip- (a) General. The Presiding Official for
ment is available to all parties. a hearing conducted under § 190.211 is
(d) Pre-hearing submissions. If OPS or an attorney on the staff of the Deputy
the respondent intends to introduce Chief Counsel who is not engaged in
material, including records, docu- any investigative or prosecutorial
ments, and other exhibits not already functions, such as the issuance of no-
in the case file, the material must be tices under this subpart. If the des-
submitted to the Presiding Official and ignated Presiding Official is unavail-
the other party at least 10 days prior to able, the Deputy Chief Counsel may
the date of the hearing, unless the Pre- delegate the powers and duties speci-
siding Official sets a different deadline fied in this section to another attorney
or waives the deadline for good cause. in the Office of Chief Counsel who is
(e) Conduct of the hearing. The hear- not engaged in any investigative or
ing is conducted informally without prosecutorial functions under this sub-
strict adherence to rules of evidence. part.
The Presiding Official regulates the (b) Time and place of the hearing. The
course of the hearing and gives each Presiding Official will set the date,
party an opportunity to offer facts, time and location of the hearing. To
statements, explanations, documents, the extent practicable, the Presiding
386
Official will accommodate the parties’ by which such actions must be accom-
schedules when setting the hearing. plished.
Reasonable notice of the hearing will (b) In cases where a substantial delay
be provided to all parties. is expected in the issuance of a final
(c) Powers and duties of Presiding Offi- order, notice of that fact and the date
cial. The Presiding Official will conduct by which it is expected that action will
a fair and impartial hearing and take be taken is provided to the respondent
all action necessary to avoid delay in upon request and whenever practicable.
the disposition of the proceeding and [Amdt. 190–16, 78 FR 58911, Sept. 25, 2013]
maintain order. The Presiding Official
has all powers necessary to achieve § 190.215 [Reserved]
those ends, including, but not limited
to the power to: COMPLIANCE ORDERS
(1) Regulate the course of the hearing
and conduct of the parties and their § 190.217 Compliance orders generally.
counsel; When a Regional Director has reason
(2) Receive evidence and inquire into to believe that a person is engaging in
the relevant and material facts; conduct that violates 49 U.S.C. 60101 et
(3) Require the submission of docu- seq., 33 U.S.C. 1321(j), or any regulation
ments and other information; or order issued thereunder, and if the
(4) Direct that documents or briefs nature of the violation and the public
relate to issues raised during the interest so warrant, the Regional Di-
course of the hearing; rector may initiate proceedings under
(5) Set the date for filing documents, §§ 190.207 through 190.213 to determine
briefs, and other items; the nature and extent of the violations
(6) Prepare a recommended decision; and for the issuance of an order direct-
and ing compliance.
(7) Exercise the authority necessary
[Amdt. 190–16, 78 FR 58912, Sept. 25, 2013]
to carry out the responsibilities of the
Presiding Official under this subpart. § 190.219 Consent order.
[Amdt. 190–16, 78 FR 58911, Sept. 25, 2013] (a) At any time prior to the issuance
of a compliance order under § 190.217, a
§ 190.213 Final order.
corrective action order under § 190.233,
(a) In an enforcement proceeding or a safety order under § 190.239, the Re-
commenced under § 190.207, an attorney gional Director and the respondent
from the Office of Chief Counsel pre- may agree to resolve the case by execu-
pares a recommended decision after ex- tion of a consent agreement and order,
piration of the 30-day response period which may be jointly executed by the
prescribed in § 190.208. If a hearing is parties and issued by the Associate Ad-
held, the Presiding Official prepares ministrator. Upon execution, the con-
the recommended decision as set forth sent order is considered a final order
in § 190.211. The recommended decision under § 190.213.
is forwarded to the Associate Adminis- (b) A consent order executed under
trator who considers the case file and paragraph (a) of this section shall in-
issues a final order. The final order include:
cludes— (1) An admission by the respondent of
(1) A statement of findings and deter- all jurisdictional facts;
minations on all material issues, in- (2) An express waiver of further pro-
cluding a determination as to whether cedural steps and of all right to seek
each alleged violation has been proved; judicial review or otherwise challenge
(2) If a civil penalty is assessed, the or contest the validity of that order;
amount of the penalty and the proce- (3) An acknowledgement that the no-
dures for payment of the penalty, pro- tice of probable violation may be used
vided that the assessed civil penalty to construe the terms of the consent
may not exceed the penalty proposed in order; and
the notice of probable violation; and (4) A statement of the actions re-
(3) If a compliance order is issued, a quired of the respondent and the time
statement of the actions required to be by which such actions shall be accom-
taken by the respondent and the time plished.
387
§ 190.221 49 CFR Ch. I (10–1–15 Edition)
(c) Prior to the execution of a con- (e) Separate penalties for violating a
sent agreement and order arising out of regulation prescribed under this sub-
a corrective action order under chapter and for violating an order
§ 190.233, the Associate Administrator issued under §§ 190.206, 190.213, 190.233,
will notify any appropriate State offi- or 190.239 may not be imposed under
cial in accordance with 49 U.S.C. this section if both violations are based
60112(c). on the same act.
[45 FR 20413, Mar. 27, 1980, as amended by [Amdt. 190–16, 78 FR 58912, Sept. 25, 2013]
Amdt. 190–6, 61 FR 18514, Apr. 26, 1996; Amdt.
190–16, 78 FR 58912, Sept. 25, 2013] § 190.225 Assessment considerations.
In determining the amount of a civil
CIVIL PENALTIES
penalty under this part,
§ 190.221 Civil penalties generally. (a) The Associate Administrator will
consider:
When a Regional Director has reason (1) The nature, circumstances and
to believe that a person has committed gravity of the violation, including ad-
an act violating 49 U.S.C. 60101 et seq., verse impact on the environment;
33 U.S.C. 1321(j), or any regulation or (2) The degree of the respondent’s
order issued thereunder, the Regional culpability;
Director may initiate proceedings (3) The respondent’s history of prior
under §§ 190.207 through 190.213 to deter- offenses;
mine the nature and extent of the vio- (4) Any good faith by the respondent
lations and appropriate civil penalty. in attempting to achieve compliance;
[Amdt. 190–16, 78 FR 58912, Sept. 25, 2013] (5) The effect on the respondent’s
ability to continue in business; and
§ 190.223 Maximum penalties. (b) The Associate Administrator may
consider:
(a) Any person who is determined to
(1) The economic benefit gained from
have violated a provision of 49 U.S.C.
violation, if readily ascertainable,
60101 et seq., or any regulation or order
without any reduction because of sub-
issued thereunder is subject to an ad-
sequent damages; and
ministrative civil penalty not to ex-
(2) Such other matters as justice may
ceed $200,000 for each violation for each
require.
day the violation continues, except
that the maximum administrative civil [Amdt. 190–16, 78 FR 58912, Sept. 25, 2013]
penalty may not exceed $2,000,000 for
any related series of violations. § 190.227 Payment of penalty.
(b) Any person who is determined to (a) Except for payments exceeding
have violated a provision of 33 U.S.C. $10,000, payment of a civil penalty pro-
1321(j) or any regulation or order issued posed or assessed under this subpart
thereunder is subject to an administra- may be made by certified check or
tive civil penalty under 33 U.S.C. money order (containing the CPF Num-
1321(b)(6), as adjusted by 40 CFR 19.4. ber for the case), payable to ‘‘U.S. De-
(c) Any person who is determined to partment of Transportation,’’ to the
have violated any standard or order Federal Aviation Administration, Mike
under 49 U.S.C. 60103 is subject to an Monroney Aeronautical Center, Finan-
administrative civil penalty not to ex- cial Operations Division (AMZ–341),
ceed $50,000, which may be in addition P.O. Box 25770, Oklahoma City, OK
to other penalties to which such person 73125, or by wire transfer through the
may be subject under paragraph (a) of Federal Reserve Communications Sys-
this section. tem (Fedwire) to the account of the
(d) Any person who is determined to U.S. Treasury, or via https://
have violated any standard or order www.pay.gov. Payments exceeding
under 49 U.S.C. 60129 is subject to an $10,000 must be made by wire transfer.
administrative civil penalty not to ex- (b) Payment of a civil penalty as-
ceed $1,000, which may be in addition to sessed in a final order issued under
other penalties to which such person § 190.213 or affirmed in a decision on a

may be subject under paragraph (a) of petition for reconsideration must be
this section. made within 20 days after receipt of the
388
final order or decision. Failure to do so (1) Written notice that OPS intends
will result in the initiation of collec- to issue an order under this section
tion action, including the accrual of in- will be served upon the owner or oper-
terest and penalties, in accordance ator of an alleged hazardous facility in
with 31 U.S.C. 3717 and 49 CFR part 89. accordance with § 190.5. The notice
must allege the existence of a haz-
[Amdt. 190–7, 61 FR 27792, June 3, 1996, as ardous facility and state the facts and
amended at 70 FR 11138, Mar. 8, 2005; 73 FR
16567, Mar. 28, 2008; Amdt. 190–16, 78 FR 58912,
circumstances supporting the issuance
Sept. 25, 2013] of a corrective action order. The notice
must provide the owner or operator
§§ 190.229–190.231 [Reserved] with an opportunity to respond within
10 days of receipt.
SPECIFIC RELIEF (2) An owner or operator that elects
to exercise its opportunity for a hear-
§ 190.233 Corrective action orders. ing under this section must notify the
(a) Generally. Except as provided by Associate Administrator of that elec-
paragraph (b) of this section, if the As- tion in writing within 10 days of re-
sociate Administrator finds, after rea- ceipt of the notice provided under para-
sonable notice and opportunity for graph (c)(1) of this section, or the order
hearing in accord with paragraph (c) of under paragraph (b) of this section
this section, a particular pipeline facil- when applicable. The absence of such
ity is or would be hazardous to life, written notification waives an owner
or operator’s opportunity for a hearing.
property, or the environment, the As-
(3) At any time after issuance of a
sociate Administrator may issue an
notice or order under this section, the
order pursuant to this section requir-
respondent may request a copy of the
ing the operator of the facility to take
case file as set forth in § 190.209.
corrective action. Corrective action
(4) A hearing under this section is
may include suspended or restricted
conducted pursuant to § 190.211. The
use of the facility, physical inspection,
hearing should be held within 15 days
testing, repair, replacement, or other
of receipt of the respondent’s request
appropriate action.
for a hearing.
(b) Waiver of notice and expedited re- (5) After conclusion of a hearing
view. The Associate Administrator may under this section, the Presiding Offi-
waive the requirement for notice and cial submits a recommended decision
opportunity for hearing under para- to the Associate Administrator as to
graph (a) of this section before issuing whether or not the facility is or would
an order whenever the Associate Ad- be hazardous to life, property, or the
ministrator determines that the failure environment, and if necessary, requir-
to do so would result in the likelihood ing expeditious corrective action. If a
of serious harm to life, property, or the notice or order is contested in writing
environment. When an order is issued without a hearing, an attorney from
under this paragraph, a respondent the Office of Chief Counsel prepares the
that contests the order may obtain ex- recommended decision. The rec-
pedited review of the order either by ommended decision should be sub-
answering in writing to the order with- mitted to the Associate Administrator
in 10 days of receipt or requesting a within five business days after conclu-
hearing under § 190.211 to be held as sion of the hearing or after receipt of
soon as practicable in accordance with the respondent’s written objection if no
paragraph (c)(2) of this section. For hearing is held. Upon receipt of the rec-
purposes of this section, the term ‘‘ex- ommendation, the Associate Adminis-
pedited review’’ is defined as the proc- trator will proceed in accordance with
ess for making a prompt determination paragraphs (d) through (h) of this sec-
of whether the order should remain in tion. If the Associate Administrator
effect or be amended or terminated. finds the facility is or would be haz-
The expedited review of an order issued ardous to life, property, or the environ-
under this paragraph will be complete
ment, the Associate Administrator

upon issuance of such determination. issues a corrective action order in ac-
(c) Notice and hearing: cordance with this section, or confirms
389
§ 190.235 49 CFR Ch. I (10–1–15 Edition)
(or amends) the corrective action order issued in connection with any inves-
issued under paragraph (b) of this sec- tigation conducted by the Board; and
tion. If the Associate Administrator (5) Such other factors as the Asso-
does not find the facility is or would be ciate Administrator may consider ap-
hazardous to life, property, or the envi- propriate.
ronment, the Associate Administrator (f) A corrective action order shall
withdraws the notice or terminates the contain the following information:
order issued under paragraph (b) of this (1) A finding that the pipeline facility
section, and promptly notifies the op- is or would be hazardous to life, prop-
erator in writing by service as pre- erty, or the environment.
scribed in § 190.5. (2) The relevant facts which form the
(d) The Associate Administrator may basis of that finding.
find a pipeline facility to be hazardous (3) The legal basis for the order.
under paragraph (a) of this section: (4) The nature and description of any
(1) If under the facts and cir- particular corrective action required of
cumstances the Associate Adminis- the respondent.
trator determines the particular facil- (5) The date by which the required
ity is hazardous to life, property, or corrective action must be taken or
the environment; or completed and, where appropriate, the
(2) If the pipeline facility or a compo- duration of the order.
nent thereof has been constructed or (6) If the opportunity for a hearing
operated with any equipment, mate- was waived pursuant to paragraph (b)
rial, or technique which the Associate of this section, a statement that an op-
Administrator determines is hazardous portunity for a hearing will be avail-
to life, property, or the environment, able at a particular time and location
unless the operator involved dem- after issuance of the order.
onstrates to the satisfaction of the As- (g) The Associate Administrator will
sociate Administrator that, under the terminate a corrective action order
particular facts and circumstances in- whenever the Associate Administrator
volved, such equipment, material, or determines that the facility is no
technique is not hazardous. longer hazardous to life, property, or
(e) In making a determination under the environment. If appropriate, how-
paragraph (d) of this section, the Asso- ever, a notice of probable violation
ciate Administrator shall consider, if may be issued under § 190.207.
relevant: (h) At any time after a corrective ac-
(1) The characteristics of the pipe tion order issued under this section has
and other equipment used in the pipe- become effective, the Associate Admin-
line facility involved, including its age, istrator may request the Attorney
manufacturer, physical properties (in- General to bring an action for appro-
cluding its resistance to corrosion and priate relief in accordance with
deterioration), and the method of its § 190.235.
manufacture, construction or assem- (i) Upon petition by the Attorney
bly; General, the District Courts of the
(2) The nature of the materials trans- United States shall have jurisdiction to
ported by such facility (including their enforce orders issued under this section
corrosive and deteriorative qualities), by appropriate means.
the sequence in which such materials [70 FR 11138, Mar. 8, 2005, as amended by
are transported, and the pressure re- Amdt. 190–16, 78 FR 58912, Sept. 25, 2013]
quired for such transportation;
(3) The characteristics of the geo- § 190.235 Civil actions generally.
graphical areas in which the pipeline Whenever it appears to the Associate
facility is located, in particular the cli- Administrator that a person has en-
matic and geologic conditions (includ- gaged, is engaged, or is about to engage
ing soil characteristics) associated in any act or practice constituting a
with such areas, and the population violation of any provision of 49 U.S.C.
density and population and growth pat- 60101 et seq., or any regulations issued
terns of such areas; thereunder, the Administrator, or the

(4) Any recommendation of the Na- person to whom the authority has been
tional Transportation Safety Board delegated, may request the Attorney
390
General to bring an action in the ap- safety order. Such informal consulta-
propriate U.S. District Court for such tion shall commence within 30 days,
relief as is necessary or appropriate, in- provided that PHMSA may extend this
cluding mandatory or prohibitive in- time by request or otherwise for good
junctive relief, interim equitable relief, cause. Informal consultation provides
civil penalties, and punitive damages an opportunity for the respondent to
as provided under 49 U.S.C. 60120 and 49 explain the circumstances associated
U.S.C. 5123. with the risk condition(s) identified in
[70 FR 11139, Mar. 8, 2005] the notice and, where appropriate, to
present a proposal for corrective ac-
§ 190.237 [Reserved] tion, without prejudice to the opera-
tor’s position in any subsequent hear-
§ 190.239 Safety orders. ing. If the respondent and Regional Di-
(a) When may PHMSA issue a safety rector agree within 30 days of the infor-
order? If the Associate Administrator mal consultation on a plan for the op-
finds, after notice and an opportunity erator to address each risk condition,
for hearing under paragraph (b) of this they may enter into a written consent
section, that a particular pipeline fa- agreement and the Associate Adminis-
cility has a condition or conditions trator may issue a consent order incor-
that pose a pipeline integrity risk to porating the terms of the agreement. If
public safety, property, or the environ- a consent agreement is reached, no fur-
ment, the Associate Administrator ther hearing will be provided in the
may issue an order requiring the oper- matter and any pending hearing re-
ator of the facility to take necessary quest will be considered withdrawn. If
corrective action. Such action may in- a consent agreement is not reached
clude physical inspection, testing, re- within 30 days of the informal con-
pair or other appropriate action to sultation (or if informal consultation is
remedy the identified risk condition. not requested), the Associate Adminis-
(b) How is an operator notified of the trator may proceed under paragraphs
proposed issuance of a safety order and (b)(3) through (5) of this section. If
what are its responses options? (1) Notice PHMSA subsequently determines that
of proposed safety order. PHMSA will an operator has failed to comply with
serve written notice of a proposed safe- the terms of a consent order, PHMSA
ty order under § 190.5 to an operator of may obtain any administrative or judi-
the pipeline facility. The notice will al- cial remedies available under 49 U.S.C.
lege the existence of a condition that 60101 et seq. and this part. If a consent
poses a pipeline integrity risk to public agreement is not reached, any admis-
safety, property, or the environment, sions made by the operator during the
and state the facts and circumstances informal consultation shall be excluded
that support issuing a safety order for from the record in any subsequent
the specified pipeline or portion there- hearing. Nothing in this paragraph (b)
of. The notice will also specify pro- precludes PHMSA from terminating
posed testing, evaluations, integrity the informal consultation process if it
assessment, or other actions to be has reason to believe that the operator
taken by the operator and may propose is not engaging in good faith discus-
that the operator submit a work plan sions or otherwise concludes that fur-
and schedule to address the conditions ther consultation would not be produc-
identified in the notice. The notice will tive or in the public interest.
also provide the operator with its re- (3) Hearing. An operator receiving a
sponse options, including procedures notice of proposed safety order may
for requesting informal consultation contest the notice, or any portion
and a hearing. An operator receiving a thereof, by filing a written request for
notice will have 30 days to respond to a hearing within 30 days following re-
the PHMSA official who issued the no- ceipt of the notice or within 10 days
tice. following the conclusion of informal
(2) Informal consultation. Upon timely consultation that did not result in a
request by the operator, PHMSA will consent agreement, as applicable. In

provide an opportunity for informal the absence of a timely request for a
consultation concerning the proposed hearing, the Associate Administrator
391
§ 190.239 49 CFR Ch. I (10–1–15 Edition)
may issue a safety order in the form of pipeline integrity risk to public safety,
the proposed order in accordance with property, or the environment.
paragraphs (c) through (g) of this sec- (c) How is the determination made that
tion. a pipeline facility has a condition that
(4) Conduct of hearing. An attorney poses an integrity risk? The Associate
from the Office of Chief Counsel, will Administrator may find a pipeline fa-
serve as the Presiding Official in a cility to have a condition that poses a
hearing under this section. The hearing pipeline integrity risk to public safety,
will be conducted informally, without property, or the environment under
strict adherence to formal rules of evi- paragraph (a) of this section:
dence in accordance with § 190.211. The (1) If under the facts and cir-
respondent may submit any relevant cumstances the Associate Adminis-
information or materials, call wit- trator determines the particular facil-
nesses, and present arguments on the ity has such a condition; or
issue of whether a safety order should (2) If the pipeline facility or a compo-
be issued to address the alleged pres- nent thereof has been constructed or
ence of a condition that poses a pipe- operated with any equipment, mate-
line integrity risk to public safety, rial, or technique with a history of
property, or the environment. being susceptible to failure when used
in pipeline service, unless the operator
(5) Post-hearing action. Following a
involved demonstrates that such equip-
hearing under this section, the Pre-
ment, material, or technique is not
siding Official will submit a rec-
susceptible to failure given the manner
ommendation to the Associate Admin-
it is being used for a particular facil-
istrator concerning issuance of a final
ity.
safety order. Upon receipt of the rec-
(d) What factors must PHMSA consider
ommendation, the Associate Adminis- in making a determination that a risk
trator may proceed under paragraphs condition is present? In making a deter-
(c) through (g) of this section. If the mination under paragraph (c) of this
Associate Administrator finds the fa- section, the Associate Administrator
cility to have a condition that poses a shall consider, if relevant:
pipeline integrity risk to public safety, (1) The characteristics of the pipe
property, or the environment, the As- and other equipment used in the pipe-
sociate Administrator will issue a safe- line facility involved, including its age,
ty order under this section. If the Asso- manufacturer, physical properties (in-
ciate Administrator does not find that cluding its resistance to corrosion and
the facility has such a condition, or deterioration), and the method of its
concludes that a safety order is other- manufacture, construction or assem-
wise not warranted, the Associate Ad- bly;
ministrator will withdraw the notice (2) The nature of the materials trans-
and promptly notify the operator in ported by such facility (including their
writing by service as prescribed in corrosive and deteriorative qualities),
§ 190.5. Nothing in this subsection pre- the sequence in which such materials
cludes PHMSA and the operator from are transported, and the pressure re-
entering into a consent agreement at quired for such transportation;
any time before a safety order is (3) The characteristics of the geo-
issued. graphical areas where the pipeline fa-
(6) Termination of safety order. Once cility is located, in particular the cli-
all remedial actions set forth in the matic and geologic conditions (includ-
safety order and associated work plans ing soil characteristics) associated
are completed, as determined by with such areas;
PHMSA, the Associate Administrator (4) For hazardous liquid pipelines, the
will notify the operator that the safety proximity of the pipeline to an unusu-
order has been lifted. The Associate ally sensitive area;
Administrator shall suspend or termi- (5) The population density and
nate a safety order whenever the Asso- growth patterns of the area in which
ciate Administrator determines that the pipeline facility is located;

the pipeline facility no longer has a (6) Any relevant recommendation of
condition or conditions that pose a the National Transportation Safety
392
Board issued in connection with any ment of plans or procedures issued

investigation conducted by the Board; under § 190.206, a final order issued
(7) The likelihood that the condition under § 190.213, or a safety order issued
will impair the serviceability of the under § 190.239. The written petition
pipeline; must be received no later than 20 days
(8) The likelihood that the condition after receipt of the order by the re-
will worsen over time; and spondent. A copy of the petition must
(9) The likelihood that the condition be provided to the Chief Counsel of the
is present or could develop on other Pipeline and Hazardous Materials Safe-
areas of the pipeline. ty Administration, East Building, 2nd
(e) What information will be included in Floor, Mail Stop E26–105, 1200 New Jer-
a safety order? A safety order shall con- sey Ave. SE., Washington, DC 20590 or
tain the following: by email to phmsachiefcounsel@dot.gov.
(1) A finding that the pipeline facility Petitions received after that time will
has a condition that poses a pipeline not be considered. The petition must
integrity risk to public safety, prop- contain a brief statement of the com-
erty, or the environment; plaint and an explanation as to why
(2) The relevant facts which form the the order should be reconsidered.
basis of that finding; (b) If the respondent requests the
(3) The legal basis for the order; consideration of additional facts or ar-
(4) The nature and description of any guments, the respondent must submit
particular corrective actions to be re- the reasons why they were not pre-
quired of the operator; and sented prior to issuance of the final
(5) The date(s) by which the required order.
corrective actions must be taken or (c) The filing of a petition under this
completed and, where appropriate, the section stays the payment of any civil
duration of the order. penalty assessed. However, unless the
(f) Can PHMSA take other enforcement Associate Administrator otherwise pro-
actions on the affected facilities? Nothing vides, the order, including any required
in this section precludes PHMSA from corrective action, is not stayed.
issuing a Notice of Probable Violation
(d) The Associate Administrator may
under § 190.207 or taking other enforce-
grant or deny, in whole or in part, any
ment action if noncompliance is identi-
petition for reconsideration without
fied at the facilities that are the sub-
further proceedings. If the Associate
ject of a safety order proceeding.
Administrator reconsiders an order
(g) May I petition for reconsideration of
under this section, a final decision on
a safety order? Yes, a petition for recon-
reconsideration may be issued without
sideration may be submitted in accord-
further proceedings, or, in the alter-
ance with § 190.243.
native, additional information, data,
[73 FR 16567, Mar. 28, 2008, as amended at 74 and comment may be requested by the
FR 2893, Jan. 16, 2009; Amdt. 190–16, 78 FR Associate Administrator, as deemed
58913, Sept. 25, 2013] appropriate.
§ 190.241 Finality. (e) It is the policy of the Associate
Administrator to expeditiously issue
Except as otherwise provided by notice of the action taken on a petition
§ 190.243, an order directing amendment for reconsideration. In cases where a
issued under § 190.206, a final order substantial delay is expected, notice of
issued under § 190.213, a corrective ac- that fact and the date by which it is
tion order issued under § 190.233, or a expected that action will be taken is
safety order issued under § 190.239 is provided to the respondent upon re-
considered final administrative action quest and whenever practicable.
on that enforcement proceeding.
(f) If the Associate Administrator re-
[Amdt. 190–16, 78 FR 58913, Sept. 25, 2013] considers an order under this section,
the decision on reconsideration is the
§ 190.243 Petitions for reconsideration. final administrative action on that en-
(a) A respondent may petition the forcement proceeding.

Associate Administrator for reconsid- (g) Any application for judicial re-
eration of an order directing amend- view must be filed no later than 89 days
393
§ 190.291 49 CFR Ch. I (10–1–15 Edition)
after the issuance of the decision in ac- ily harm, or property damage exceed-
cordance with 49 U.S.C. 60119(a). ing $50,000;
(h) Judicial review of agency action (2) Subsequently damages a pipeline
under 49 U.S.C. 60119(a) will apply the facility and knows or has reason to
standards of review established in 5 know of the damage but fails to
U.S.C. 706. promptly report the damage to the op-
erator and to the appropriate authori-
[Amdt. 190–16, 78 FR 58913, Sept. 25, 2013] ties; or
(3) Subsequently damages a haz-
Subpart C—Criminal Enforcement ardous liquid pipeline facility that re-
sults in the release of more than 50 bar-
SOURCE: Amdt. 190–16, 78 FR 58914, Sept. 25, rels of product; will, upon conviction,
2013, unless otherwise noted. be subject to a fine under title 18,
United States Code, imprisonment for
§ 190.291 Criminal penalties generally. a term not to exceed 5 years, or both,
for each offense.
(a) Any person who willfully and
(e) No person shall be subject to
knowingly violates a provision of 49
criminal penalties under paragraph (a)
U.S.C. 60101 et seq. or any regulation or
of this section for violation of any reg-
order issued thereunder will upon con-
ulation and the violation of any order
viction be subject to a fine under title issued under §§ 190.217, 190.219 or 190.291
18, United States Code, and imprison- if both violations are based on the
ment for not more than five years, or same act.
both, for each offense.
(b) Any person who willfully and § 190.293 Referral for prosecution.
knowingly injures or destroys, or at- If a PHMSA employee becomes aware
tempts to injure or destroy, any inter- of any actual or possible activity sub-
state transmission facility, any inter- ject to criminal penalties under
state pipeline facility, or any intra- § 190.291, the employee reports it to the
state pipeline facility used in inter- Office of Chief Counsel, Pipeline and
state or foreign commerce or in any ac- Hazardous Materials Safety Adminis-
tivity affecting interstate or foreign tration, and to his or her supervisor.
commerce (as those terms are defined The Chief Counsel may refer the report
in 49 U.S.C. 60101 et seq.) will, upon con- to OPS for investigation. If appro-
viction, be subject to a fine under title priate, the Chief Counsel refers the re-
18, United States Code, imprisonment port to the Department of Justice for
for a term not to exceed 20 years, or criminal prosecution of the offender.
both, for each offense.
(c) Any person who willfully and Subpart D—Procedures for
knowingly defaces, damages, removes,
or destroys any pipeline sign, right-of- Adoption of Rules
way marker, or marine buoy required
by 49 U.S.C. 60101 et seq. or any regula- SOURCE: Amdt. 190–8, 61 FR 50909, Sept. 27,
tion or order issued thereunder will, 1996, unless otherwise noted.
upon conviction, be subject to a fine § 190.301 Scope.
under title 18, United States Code, im-
prisonment for a term not to exceed 1 This subpart prescribes general rule-
year, or both, for each offense. making procedures for the issue,
(d) Any person who willfully and amendment, and repeal of Pipeline
knowingly engages in excavation activ- Safety Program regulations of the
ity without first using an available Pipeline and Hazardous Materials Safe-
one-call notification system to estab- ty Administration of the Department
lish the location of underground facili- of Transportation.
ties in the excavation area; or without [Amdt. 190–8, 61 FR 50909, Sept. 27, 1996, as
considering location information or amended at 70 FR 11137, Mar. 8, 2005]
markings established by a pipeline fa-
§ 190.303 Delegations.
cility operator; and

(1) Subsequently damages a pipeline For the purposes of this subpart, Ad-
facility resulting in death, serious bod- ministrator means the Administrator,
394
Pipeline and Hazardous Materials Safe- retary of Transportation (part 7 of this

ty Administration, or his or her dele- title).
gate. [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]
§ 190.309 Where to file petitions.
§ 190.305 Regulatory dockets. Petitions for extension of time to
(a) Information and data considered comment submitted under § 190.319, pe-
relevant by the Administrator relating titions for hearings submitted under
§ 190.327, petitions for rulemaking sub-
to rulemaking actions, including no-
mitted under § 190.331, and petitions for
tices of proposed rulemaking; com-
reconsideration submitted under
ments received in response to notices;
§ 190.335 must be submitted to: Admin-
petitions for rulemaking and reconsid- istrator, Pipeline and Hazardous Mate-
eration; denials of petitions for rule- rials Safety Administration, U.S. De-
making and reconsideration; records of partment of Transportation, 1200 New
additional rulemaking proceedings Jersey Avenue, SE, Washington, D.C.
under § 190.325; and final regulations 20590–0001.
are maintained by the Pipeline and
[Amdt. 190–8, 61 FR 50909, Sept. 27, 1996, as
Hazardous Materials Safety Adminis-
amended at 70 FR 11137, Mar. 8, 2005; 73 FR
tration at 1200 New Jersey Avenue, SE, 16566, Mar. 28, 2008]
Washington, D.C. 20590–0001.
(b) Once a public docket is estab- § 190.311 General.
lished, docketed material may be Unless the Administrator, for good
accessed at http://www.regulations.gov. cause, finds that notice is impracti-
Public comments also may be sub- cable, unnecessary, or contrary to the
mitted at http://www.regulations.gov. public interest, and incorporates that
Comment submissions must identify finding and a brief statement of the
the docket number. You may also ex- reasons for it in the rule, a notice of
amine public docket material at the of- proposed rulemaking is issued and in-
fices of the Docket Operations Facility terested persons are invited to partici-
(M–30), U.S. Department of Transpor- pate in the rulemaking proceedings
tation, West Building, First Floor, with respect to each substantive rule.
Room W12–140, 1200 New Jersey Avenue,
SE., Washington, DC 20590. You may § 190.313 Initiation of rulemaking.
obtain a copy during normal business The Administrator initiates rule-
hours, excluding Federal holidays, for a making on his or her own motion; how-
fee, with the exception of material ever, in so doing, the Administrator
which the Administrator of PHMSA de- may use discretion to consider the rec-
termines should be withheld from pub- ommendations of other agencies of the
lic disclosure under 5 U.S.C. 552(b) or United States or of other interested
any other applicable statutory provi- persons including those of any tech-
sion. nical advisory body established by
statute for that purpose.
[Amdt. 190–8, 61 FR 50909, Sept. 27, 1996, as
amended at 70 FR 11137, 11139, Mar. 8, 2005; 73 § 190.315 Contents of notices of pro-
FR 16566, Mar. 28, 2008; 73 FR 16568, Mar. 28, posed rulemaking.
2008] (a) Each notice of proposed rule-
making is published in the FEDERAL
§ 190.307 Records. REGISTER, unless all persons subject to
Records of the Pipeline and Haz- it are named and are personally served
ardous Materials Safety Administra- with a copy of it.
tion relating to rulemaking pro- (b) Each notice, whether published in
ceedings are available for inspection as the FEDERAL REGISTER or personally
provided in section 552(b) of title 5, served, includes:
United States Code, and part 7 of the (1) A statement of the time, place,
Regulations of the Office of the Sec- and nature of the proposed rulemaking
proceeding;
395
§ 190.317 49 CFR Ch. I (10–1–15 Edition)
(2) A reference to the authority under porated material must be identified by

which it is issued; document title and page.
(3) A description of the subjects and [Amdt. 190–16, 78 FR 58914, Sept. 25, 2013]
issues involved or the substance and
terms of the proposed regulation; § 190.323 Consideration of comments
(4) A statement of the time within received.
which written comments must be sub- All timely comments and the rec-
mitted; and ommendations of any technical advi-
(5) A statement of how and to what sory body established by statute for
extent interested persons may partici- the purpose of reviewing the proposed
pate in the proceeding. rule concerned are considered before
final action is taken on a rulemaking
§ 190.317 Participation by interested proposal. Late filed comments are con-
persons. sidered so far as practicable.
(a) Any interested person may par-
ticipate in rulemaking proceedings by § 190.325 Additional rulemaking pro-
submitting comments in writing con- ceedings.
taining information, views or argu- The Administrator may initiate any
ments in accordance with instructions further rulemaking proceedings that
for participation in the rulemaking the Administrator finds necessary or
document. desirable. For example, interested per-
(b) The Administrator may invite sons may be invited to make oral argu-
any interested person to participate in ments, to participate in conferences
the rulemaking proceedings described between the Administrator or the Ad-
in § 190.325. ministrator’s representative and inter-
(c) For the purposes of this subpart, ested persons, at which minutes of the
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 sub- § 190.327 Hearings.
mitted to PHMSA in accordance with
§ 190.309 and received by PHMSA not (a) If a notice of proposed rulemaking
later than 10 days before expiration of does not provide for a hearing, any in-
the time stated in the notice. The fil- terested person may petition the Ad-
ing of the petition does not automati- ministrator for an informal hearing.
cally extend the time for petitioner’s The petition must be received by the
comments. A petition is granted only if Administrator not later than 20 days
the petitioner shows good cause for the before expiration of the time stated in
extension, and if the extension is con- the notice. The filing of the petition
sistent with the public interest. If an does not automatically result in the
extension is granted, it is granted to scheduling of a hearing. A petition is
all persons, and it is published in the granted only if the petitioner shows
FEDERAL REGISTER. good cause for a hearing. If a petition
for a hearing is granted, notice of the
[Amdt. 190–16, 78 FR 58914, Sept. 25, 2013] hearing is published in the FEDERAL
REGISTER.
§ 190.321 Contents of written com- (b) Sections 556 and 557 of title 5,
ments. United States Code, do not apply to
All written comments must be in hearings held under this subpart. Un-
English. Any interested person should less otherwise specified, hearings held
submit as part of written comments all under this subpart are informal, non-
material considered relevant to any adversarial fact-finding proceedings, at
statement of fact. Incorporation of ma- which there are no formal pleadings or

terial by reference should be avoided; adverse parties. Any regulation issued
however, where necessary, such incor- in a case in which an informal hearing
396
is held is not necessarily based exclu- (1) The costs and benefits to society
sively on the record of the hearing. and identifiable groups within society,
(c) The Administrator designates a quantifiable and otherwise;
representative to conduct any hearing (2) The direct effects (including pre-
held under this subpart. The Chief emption effects) of the proposed action
Counsel designates a member of his or on States, on the relationship between
her staff to serve as legal officer at the the Federal Government and the
hearing. States, and on the distribution of
power and responsibilities among the
[Amdt. 190–8, 61 FR 50909, Sept. 27, 1996. Re- various levels of government;
designated and amended by Amdt. 190–16, 78
FR 58914, Sept. 25, 2013] (3) The regulatory burden on small
businesses, small organizations and
§ 190.329 Adoption of final rules. small governmental jurisdictions;
(4) The recordkeeping and reporting
Final rules are prepared by rep- requirements and to whom they would
resentatives of the Office of Pipeline apply; and
Safety and the Office of the Chief (5) Impacts on the quality of the nat-
Counsel. The regulation is then sub- ural and social environments.
mitted to the Administrator for consid-
(d) The Associate Administrator or
eration. If the Administrator adopts
Chief Counsel may return a petition
the regulation, it is published in the
that does not comply with the require-
FEDERAL REGISTER, unless all persons
ments of this section, accompanied by
subject to it are named and are person-
a written statement indicating the de-
ally served with a copy of it. ficiencies in the petition.
§ 190.331 Petitions for rulemaking. § 190.333 Processing of petition.
(a) Any interested person may peti- (a) General. Unless the Associate Ad-
tion the Associate Administrator for ministrator or the Chief Counsel other-
Pipeline Safety to establish, amend, or wise specifies, no public hearing, argu-
repeal a substantive regulation, or may ment, or other proceeding is held di-
petition the Chief Counsel to establish, rectly on a petition before its disposi-
amend, or repeal a procedural regulation under this section.
tion. (b) Grants. If the Associate Adminis-
(b) Each petition filed under this sec- trator or the Chief Counsel determines
tion must— that the petition contains adequate
(1) Summarize the proposed action justification, he or she initiates rule-
and explain its purpose; making action under this subpart.
(2) State the text of the proposed rule (c) Denials. If the Associate Adminis-
or amendment, or specify the rule pro- trator or the Chief Counsel determines
posed to be repealed; that the petition does not justify rule-
(3) Explain the petitioner’s interest making, the petition is denied.
in the proposed action and the interest (d) Notification. The Associate Admin-
of any party the petitioner represents; istrator or the Chief Counsel will no-
and tify a petitioner, in writing, of the de-
(4) Provide information and argu- cision to grant or deny a petition for
ments that support the proposed ac- rulemaking.
tion, including relevant technical, sci-
entific or other data as available to the § 190.335 Petitions for reconsideration.
petitioner, and any specific known (a) Except as provided in § 190.339(d),
cases that illustrate the need for the any interested person may petition the
proposed action. Associate Administrator for reconsid-
(c) If the potential impact of the pro- eration of any regulation issued under
posed action is substantial, and infor- this subpart, or may petition the Chief
mation and data related to that impact Counsel for reconsideration of any pro-
are available to the petitioner, the As- cedural regulation issued under this
sociate Administrator or the Chief subpart and contained in this subpart.

Counsel may request the petitioner to The petition must be received not later
provide— than 30 days after publication of the
397
§ 190.337 49 CFR Ch. I (10–1–15 Edition)
rule in the FEDERAL REGISTER. Peti- lation in question is published in the

tions filed after that time will be con- FEDERAL REGISTER, unless it is found
sidered as petitions filed under § 190.331. impracticable to take action within
The petition must contain a brief that time. In cases where it is so found
statement of the complaint and an ex- and the delay beyond that period is ex-
planation as to why compliance with pected to be substantial, notice of that
the rule is not practicable, is unreason- fact and the date by which it is ex-
able, or is not in the public interest. pected that action will be taken is
(b) If the petitioner requests the con- issued to the petitioner and published
sideration of additional facts, the peti- in the FEDERAL REGISTER.
tioner must state the reason they were
not presented to the Associate Admin- § 190.338 Appeals.
istrator or the Chief Counsel within (a) Any interested person may appeal
the prescribed time. a denial of the Associate Administrator
(c) The Associate Administrator or or the Chief Counsel, issued under
the Chief Counsel does not consider § 190.333 or § 190.337, to the Adminis-
repetitious petitions. trator.
(d) Unless the Associate Adminis- (b) An appeal must be received within
trator or the Chief Counsel otherwise 20 days of service of written notice to
provides, the filing of a petition under petitioner of the Associate Administra-
this section does not stay the effective- tor’s or the Chief Counsel’s decision, or
ness of the rule. within 20 days from the date of publica-
[Amdt. 190–8, 61 FR 50909, Sept. 27, 1996. Re-
tion of the decision in the FEDERAL
designated and amended by Amdt. 190–16, 78 REGISTER, and should set forth the con-
FR 58914, Sept. 25, 2013] tested aspects of the decision as well as
any new arguments or information.
§ 190.337 Proceedings on petitions for (c) Unless the Administrator other-
reconsideration. wise provides, the filing of an appeal
(a) The Associate Administrator or under this section does not stay the ef-
the Chief Counsel may grant or deny, fectiveness of any rule.
in whole or in part, any petition for re- [Amdt. 190–8, 61 FR 50909, Sept. 27, 1996. Re-
consideration without further pro- designated and amended by Amdt. 190–16, 78
ceedings, except where a grant of the FR 58914, Sept. 25, 2013]
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,
398
the Administrator will issue a con- be submitted at least 120 days before
firmation document, generally within the requested effective date using any
15 days after the close of the comment of the following methods:
period, advising the public that the di- (1) Direct fax to PHMSA at: 202–366–
rect final rule will either become effec- 4566; or
tive on the date stated in the direct (2) Mail, express mail, or overnight
final rule or at least 30 days after the courier to the Associate Administrator
publication date of the confirmation for Pipeline Safety, Pipeline and Haz-
document, whichever is later. ardous Materials Safety Administra-
(c) For purposes of this section, an tion, 1200 New Jersey Avenue, SE., East
adverse comment is one which explains Building, Washington, DC 20590.
why the rule would be inappropriate, (c) What information must be contained
including a challenge to the rule’s unin the application? Applications must
derlying premise or approach, or would contain the following information:
be ineffective or unacceptable without (1) The name, mailing address, and
a change. Comments that are frivolous telephone number of the applicant and
or insubstantial will not be considered whether the applicant is an operator;
adverse under this procedure. A com- (2) A detailed description of the pipe-
ment recommending a rule change in line facilities for which the special per-
addition to the rule will not be consid- mit is sought, including:
ered an adverse comment, unless the (i) The beginning and ending points
commenter states why the rule would of the pipeline mileage to be covered
be ineffective without the additional and the Counties and States in which it
change. is located;
(d) Only parties who filed comments (ii) Whether the pipeline is interstate
to a direct final rule issued under this or intrastate and a general description
section may petition under § 190.335 for of the right-of-way including proximity
reconsideration of that direct final of the affected segments to populated
rule. areas and unusually sensitive areas;
(e) If an adverse comment or notice (iii) Relevant pipeline design and
of intent to file an adverse comment is construction information including the
received, a timely document will be year of installation, the material,
published in the FEDERAL REGISTER ad- grade, diameter, wall thickness, and
vising the public and withdrawing the coating type; and
direct final rule in whole or in part. (iv) Relevant operating information
The Administrator may then incor- including operating pressure, leak his-
porate the adverse comment into a sub- tory, and most recent testing or assess-
sequent direct final rule or may pub- ment results;
lish a notice of proposed rulemaking. A (3) A list of the specific regulation(s)
notice of proposed rulemaking will pro- from which the applicant seeks relief;
vide an opportunity for public com- (4) An explanation of the unique cir-
ment, generally a minimum of 60 days, cumstances that the applicant believes
and will be processed in accordance make the applicability of that regula-
with §§ 190.311–190.329. tion or standard (or portion thereof)
unnecessary or inappropriate for its fa-
§ 190.341 Special permits. cility;
(a) What is a special permit? A special (5) A description of any measures or
permit is an order by which PHMSA activities the applicant proposes to un-
waives compliance with one or more of dertake as an alternative to compli-
the Federal pipeline safety regulations ance with the relevant regulation, in-
under the standards set forth in 49 cluding an explanation of how such
U.S.C. 60118(c) and subject to condi- measures will mitigate any safety or
tions set forth in the order. A special environmental risks;
permit is issued to a pipeline operator (6) A description of any positive or
(or prospective operator) for specified negative impacts on affected stake-
facilities that are or, absent waiver, holders and a statement indicating how
would be subject to the regulation. operating the pipeline pursuant to a

(b) How do I apply for a special permit? special permit would be in the public
Applications for special permits must interest;
399
§ 190.341 49 CFR Ch. I (10–1–15 Edition)
(7) A certification that operation of transportation. For purposes of this

the applicant’s pipeline under the re- section, an emergency event may be
quested special permit would not be in- local, regional, or national in scope and
consistent with pipeline safety; includes significant fuel supply disrup-
(8) If the application is for a renewal tions and natural or manmade disas-
of a previously granted waiver or spe- ters such as hurricanes, floods, earth-
cial permit, a copy of the original quakes, terrorist acts, biological out-
grant of the waiver or permit; and breaks, releases of dangerous radio-
(9) Any other information PHMSA logical, chemical, or biological mate-
may need to process the application in- rials, war-related activities, or other
cluding environmental analysis where similar events. PHMSA will determine
necessary. on a case-by-case basis what duration
(d) How does PHMSA handle special is necessary to address the emergency.
permit applications? (1) Public notice. However, as required by statute, no
Upon receipt of an application for a emergency special permit may be
special permit, PHMSA will provide issued for a period of more than 60
notice to the public of its intent to days. Each emergency special permit
consider the application and invite will automatically expire on the date
comment. In addition, PHMSA may specified in the permit. Emergency spe-
consult with other Federal agencies be- cial permits may be renewed upon ap-
fore granting or denying an application plication to PHMSA only after notice
on matters that PHMSA believes may and opportunity for a hearing on the
have significance for proceedings under renewal.
their areas of responsibility. (f) How do I apply for an emergency
(2) Grants and denials. If the Asso- special permit? Applications for emer-
ciate Administrator determines that gency special permits may be sub-
the application complies with the re- mitted to PHMSA using any of the fol-
quirements of this section and that the lowing methods:
waiver of the relevant regulation or (1) Direct fax to the Crisis Manage-
standard is not inconsistent with pipe- ment Center at: 202–366–3768;
line safety, the Associate Adminis- (2) Direct e-mail to PHMSA at:
trator may grant the application, in phmsa.pipeline-
whole or in part, on a temporary or emergencyspecpermit@dot.gov; or
permanent basis. Conditions may be (3) Express mail/overnight courier to
imposed on the grant if the Associate the Associate Administrator for Pipe-
Administrator concludes they are nec- line Safety, Pipeline and Hazardous
essary to assure safety, environmental Materials Safety Administration, 1200
protection, or are otherwise in the pub- New Jersey Avenue, SE., East Build-
lic interest. If the Associate Adminis- ing, Washington, DC 20590.
trator determines that the application (g) What must be contained in an appli-
does not comply with the requirements cation for an emergency special permit? In
of this section or that a waiver is not addition to the information required
justified, the application will be de- under paragraph (c) of this section, ap-
nied. Whenever the Associate Adminis- plications for emergency special per-
trator grants or denies an application, mits must include:
notice of the decision will be provided (1) An explanation of the actual or
to the applicant. PHMSA will post all impending emergency and how the ap-
special permits on its Web site at http:// plicant is affected;
www.phmsa.dot.gov/. (2) A citation of the regulations that
(e) Can a special permit be requested on are implicated and the specific reasons
an emergency basis? Yes. PHMSA may the permit is necessary to address the
grant an application for an emergency emergency (e.g., lack of accessibility,
special permit without notice and com- damaged equipment, insufficient man-
ment or hearing if the Associate Ad- power);
ministrator determines that such ac- (3) A statement indicating how oper-
tion is in the public interest, is not in- ating the pipeline pursuant to an emer-
consistent with pipeline safety, and is gency special permit is in the public
necessary to address an actual or im- interest (e.g., continuity of service,
pending emergency involving pipeline service restoration);
400
(4) A description of any proposed al- (3) If necessary to avoid a risk of sig-
ternatives to compliance with the reg- nificant harm to persons, property, or
ulation (e.g., additional inspections the environment, PHMSA may in the
and tests, shortened reassessment in- notification declare the proposed ac-
tervals); and tion immediately effective.
(5) A description of any measures to (4) Unless otherwise specified, the
be taken after the emergency situation terms and conditions of a corrective
or permit expires—whichever comes action order, compliance order, or
first—to confirm long-term operational
other order applicable to a pipeline fa-
reliability of the pipeline facility.
cility covered by a special permit will
NOTE TO PARAGRAPH (g): If PHMSA deter- take precedence over the terms of the
mines that handling of the application on an special permit.
emergency basis is not warranted, PHMSA
will notify the applicant and process the ap- (5) A special permit holder may seek
plication under normal special permit proce- reconsideration of a decision under
dures of this section. paragraph (h) of this section as pro-
(h) In what circumstances will PHMSA vided in paragraph (i) of this section.
revoke, suspend, or modify a special per- (i) Can a denial of a request for a spe-
mit? (1) PHMSA may revoke, suspend, cial permit or a revocation of an existing
or modify a special permit on a finding special permit be appealed? Reconsider-
that: ation of the denial of an application for
(i) Intervening changes in Federal a special permit or a revocation of an
law mandate revocation, suspension, or existing special permit may be sought
modification of the special permit; by petition to the Associate Adminis-
(ii) Based on a material change in trator. Petitions for reconsideration
conditions or circumstances, continued must be received by PHMSA within 20
adherence to the terms of the special calendar days of the notice of the grant
permit would be inconsistent with safe- or denial and must contain a brief
ty; statement of the issue and an expla-
(iii) The application contained inac- nation of why the petitioner believes
curate or incomplete information, and that the decision being appealed is not
the special permit would not have been in the public interest. The Associate
granted had the application been accu- Administrator may grant or deny, in
rate and complete;
whole or in part, any petition for re-
(iv) The application contained delib-
consideration without further pro-
erately inaccurate or incomplete infor-
mation; or ceedings. The Associate Administra-
(v) The holder has failed to comply tor’s decision is the final administra-
with any material term or condition of tive action.
the special permit. (j) Are documents related to an applica-
(2) Except as provided in paragraph tion for a special permit available for pub-
(h)(3) of this section, before a special lic inspection? Documents related to an
permit is modified, suspended or re- application, including the application
voked, PHMSA will notify the holder itself, are available for public inspec-
in writing of the proposed action and tion on regulations.gov or the Docket
the reasons for it, and provide an op- Operations Facility to the extent such
portunity to show cause why the pro- documents do not include information
posed action should not be taken. exempt from public disclosure under 5
(i) The holder may file a written re- U.S.C. 552(b). Applicants may request
sponse that shows cause why the pro- confidential treatment under part 7 of
posed action should not be taken with- this title.
in 30 days of receipt of notice of the (k) Am I subject to enforcement action
proposed action. for non-compliance with the terms and
(ii) After considering the holder’s
conditions of a special permit? Yes.
written response, or after 30 days have
PHMSA inspects for compliance with
passed without response since receipt
the terms and conditions of special per-
of the notice, PHMSA will notify the

holder in writing of the final decision mits and if a probable violation is iden-
with a brief statement of reasons. tified, PHMSA will initiate one or
401
Pt. 191 49 CFR Ch. I (10–1–15 Edition)
more of the enforcement actions under drated, or otherwise processed, which-

subpart B of this part. ever facility is farther downstream;
(2) Pipelines on the Outer Conti-
[73 FR 16568, Mar. 28, 2008, as amended at 74
FR 2893, Jan. 16, 2009; Amdt. 190–16, 78 FR nental Shelf (OCS) that are producer-
58914, Sept. 25, 2013] operated and cross into State waters
without first connecting to a trans-
porting operator’s facility on the OCS,
PART 191—TRANSPORTATION OF upstream (generally seaward) of the
NATURAL AND OTHER GAS BY last valve on the last production facil-
PIPELINE; ANNUAL REPORTS, IN- ity on the OCS. Safety equipment pro-
CIDENT REPORTS, AND SAFETY- tecting PHMSA-regulated pipeline seg-
RELATED CONDITION REPORTS ments is not excluded. Producing oper-
ators for those pipeline segments up-
Sec. stream of the last valve of the last pro-
191.1 Scope. duction facility on the OCS may peti-
191.3 Definitions. tion the Administrator, or designee, for
191.5 Immediate notice of certain incidents. approval to operate under PHMSA reg-
191.7 Report submission requirements. ulations governing pipeline design,
191.9 Distribution system: Incident report.
construction, operation, and mainte-
191.11 Distribution system: Annual report.
nance under 49 CFR 190.9.
191.12 Distribution Systems: Mechanical
Fitting Failure reports (3) Pipelines on the Outer Conti-
191.13 Distribution systems reporting trans- nental Shelf upstream of the point at
mission pipelines; transmission or gath- which operating responsibility trans-
ering systems reporting distribution fers from a producing operator to a
pipelines. transporting operator; or
191.15 Transmission systems; gathering sys- (4) Onshore gathering of gas—
tems; and liquefied natural gas facilities: (i) Through a pipeline that operates
Incident report. at less than 0 psig (0 kPa);
191.17 Transmission systems; gathering sys-
(ii) Through a pipeline that is not a
tems; and liquefied natural gas facilities:
Annual report. regulated onshore gathering line (as
191.21 OMB control number assigned to in- determined in § 192.8 of this sub-
formation collection. chapter); and
191.22 National Registry of Pipeline and (iii) Within inlets of the Gulf of Mex-
LNG operators. ico, except for the requirements in
191.23 Reporting safety-related conditions. § 192.612.
191.25 Filing safety-related condition re-
ports. [Amdt. 191–5, 49 FR 18960, May 3, 1984, as
191.29 National Pipeline Mapping System. amended by Amdt. 191–6, 53 FR 24949, July 1,
1988; Amdt. 191–11, 61 FR 27793, June 3, 1996;
AUTHORITY: 49 U.S.C. 5121, 60102, 60103, Amdt. 191–12, 62 FR 61695, Nov. 19, 1997;
60104, 60108, 60117, 60118, 60124, 60132, and 49 Amdt. 191–15, 68 FR 46111, Aug. 5, 2003; 70 FR
CFR 1.97. 11139, Mar. 8, 2005; 75 FR 72904, Nov. 26, 2010]
§ 191.1 Scope. § 191.3 Definitions.

(a) This part prescribes requirements As used in this part and the PHMSA
for the reporting of incidents, safety- Forms referenced in this part—
related conditions, and annual pipeline Administrator means the Adminis-
summary data by operators of gas pipe- trator, Pipeline and Hazardous Mate-
line facilities located in the United rials Safety Administration or his or
States or Puerto Rico, including pipe- her delegate
lines within the limits of the Outer Gas means natural gas, flammable
Continental Shelf as that term is de- gas, or gas which is toxic or corrosive;
fined in the Outer Continental Shelf Incident means any of the following
Lands Act (43 U.S.C. 1331). events:
(b) This part does not apply to— (1) An event that involves a release of
(1) Offshore gathering of gas in State gas from a pipeline, or of liquefied nat-
waters upstream from the outlet flange ural gas, liquefied petroleum gas, re-
of each facility where hydrocarbons are frigerant gas, or gas from an LNG facil-
produced or where produced hydro- ity, and that results in one or more of
carbons are first separated, dehy- the following consequences:
402
(i) A death, or personal injury neces- ceiver, assignee, or personal represent-

sitating in-patient hospitalization; ative thereof;
(ii) Estimated property damage of Pipeline or Pipeline System means all
$50,000 or more, including loss to the parts of those physical facilities
operator and others, or both, but ex- through which gas moves in transpor-
cluding cost of gas lost; tation, including, but not limited to,
(iii) Unintentional estimated gas loss pipe, valves, and other appurtenance
of three million cubic feet or more; attached to pipe, compressor units, me-
(2) An event that results in an emer- tering stations, regulator stations, de-
gency shutdown of an LNG facility. Ac- livery stations, holders, and fabricated
tivation of an emergency shutdown
assemblies.
system for reasons other than an ac-
tual emergency does not constitute an State includes each of the several
incident. States, the District of Columbia, and
(3) An event that is significant in the the Commonwealth of Puerto Rico;
judgment of the operator, even though Transportation of gas means the gath-
it did not meet the criteria of para- ering, transmission, or distribution of
graphs (1) or (2) of this definition. gas by pipeline, or the storage of gas in
LNG facility means a liquefied natural or affecting interstate or foreign com-
gas facility as defined in § 193.2007 of merce.
part 193 of this chapter;
[35 FR 320, Jan. 8, 1970, as amended by Amdt.
Master Meter System means a pipeline 191–5, 49 FR 18960, May 3, 1984; Amdt. 191–10,
system for distributing gas within, but 61 FR 18516, Apr. 26, 1996; Amdt. 191–12, 62 FR
not limited to, a definable area, such as 61695, Nov. 19, 1997; 68 FR 11749, Mar. 12, 2003;
a mobile home park, housing project, 70 FR 11139, Mar. 8, 2005; 75 FR 72905, Nov. 26,
or apartment complex, where the oper- 2010]
ator purchases metered gas from an
outside source for resale through a gas § 191.5 Immediate notice of certain in-
distribution pipeline system. The gas cidents.
distribution pipeline system supplies (a) At the earliest practicable mo-
the ultimate consumer who either pur- ment following discovery, each oper-
chases the gas directly through a ator shall give notice in accordance
meter or by other means, such as by
with paragraph (b) of this section of
rents;
each incident as defined in § 191.3.
Municipality means a city, county, or
any other political subdivision of a (b) Each notice required by para-
State; graph (a) of this section must be made
Offshore means beyond the line of or- to the National Response Center either
dinary low water along that portion of by telephone to 800–424–8802 (in Wash-
the coast of the United States that is ington, DC, 202 267–2675) or electroni-
in direct contact with the open seas cally at http://www.nrc.uscg.mil and
and beyond the line marking the sea- must include the following informa-
ward limit of inland waters; tion:
Operator means a person who engages (1) Names of operator and person
in the transportation of gas; making report and their telephone
Outer Continental Shelf means all sub- numbers.
merged lands lying seaward and out- (2) The location of the incident.
side the area of lands beneath navi- (3) The time of the incident.
gable waters as defined in Section 2 of (4) The number of fatalities and per-
the Submerged Lands Act (43 U.S.C. sonal injuries, if any.
1301) and of which the subsoil and sea-
(5) All other significant facts that are
bed appertain to the United States and
are subject to its jurisdiction and con- known by the operator that are rel-
trol. evant to the cause of the incident or
Person means any individual, firm, extent of the damages.
joint venture, partnership, corporation, [Amdt. 191–4, 47 FR 32720, July 29, 1982, as
association, State, municipality, coop- amended by Amdt. 191–5, 49 FR 18960, May 3,

erative association, or joint stock asso- 1984; Amdt. 191–8, 54 FR 40878, Oct. 4, 1989; 75
ciation, and includes any trustee, re- FR 72905, Nov. 26, 2010]
403
§ 191.7 49 CFR Ch. I (10–1–15 Edition)
§ 191.7 Report submission require- § 191.9 Distribution system: Incident

ments. report.
(a) General. Except as provided in (a) Except as provided in paragraph
paragraphs (b) and (e) of this section, (c) of this section, each operator of a
an operator must submit each report distribution pipeline system shall sub-
required by this part electronically to mit Department of Transportation
the Pipeline and Hazardous Materials Form RSPA F 7100.1 as soon as prac-
Safety Administration at http://por- ticable but not more than 30 days after
tal.phmsa.dot.gov/pipeline unless an al- detection of an incident required to be
ternative reporting method is author- reported under § 191.5.
ized in accordance with paragraph (d) (b) When additional relevant infor-
of this section. mation is obtained after the report is
(b) Exceptions: An operator is not re- submitted under paragraph (a) of this
quired to submit a safety-related con- section, the operator shall make sup-
dition report (§ 191.25) electronically. plementary reports as deemed nec-
(c) Safety-related conditions. An oper- essary with a clear reference by date
ator must submit concurrently to the and subject to the original report.
applicable State agency a safety-re-
(c) Master meter operators are not
lated condition report required by
required to submit an incident report
§ 191.23 for intrastate pipeline transpor-
as required by this section.
tation or when the State agency acts
as an agent of the Secretary with re- [Amdt. 191–5, 49 FR 18960, May 3, 1984, as
spect to interstate transmission facili- amended at 75 FR 72905, Nov. 26, 2010]
ties.
(d) Alternative Reporting Method. If § 191.11 Distribution system: Annual
electronic reporting imposes an undue report.
burden and hardship, an operator may (a) General. Except as provided in
submit a written request for an alter- paragraph (b) of this section, each op-
native reporting method to the Infor- erator of a distribution pipeline system
mation Resources Manager, Office of must submit an annual report for that
Pipeline Safety, Pipeline and Haz- system on DOT Form PHMSA F 7100.1–
ardous Materials Safety Administra- 1. This report must be submitted each
tion, PHP–20, 1200 New Jersey Avenue, year, not later than March 15, for the
SE, Washington DC 20590. The request preceding calendar year.
must describe the undue burden and (b) Not required. The annual report re-
hardship. PHMSA will review the requirement in this section does not
quest and may authorize, in writing, an apply to a master meter system or to a
alternative reporting method. An au- petroleum gas system that serves fewer
thorization will state the period for than 100 customers from a single
which it is valid, which may be indefi- source.
nite. An operator must contact
PHMSA at 202–366–8075, or electroni- [75 FR 72905, Nov. 26, 2010]
cally to
informationresourcesmanager@dot.gov or § 191.12 Distribution Systems: Mechan-
make arrangements for submitting a ical Fitting Failure Reports
report that is due after a request for al- Each mechanical fitting failure, as
ternative reporting is submitted but required by § 192.1009, must be sub-
before an authorization or denial is re- mitted on a Mechanical Fitting Failure
ceived. Report Form PHMSA F–7100.1–2. An op-
(e) National Pipeline Mapping System erator must submit a mechanical fit-
(NPMS). An operator must provide the ting failure report for each mechanical
NPMS data to the address identified in fitting failure that occurs within a cal-
the NPMS Operator Standards manual endar year not later than March 15 of
available at www.npms.phmsa.dot.gov or the following year (for example, all me-
by contacting the PHMSA Geographic chanical failure reports for calendar
Information Systems Manager at (202) year 2011 must be submitted no later
366–4595.
than March 15, 2012). Alternatively, an

[75 FR 72905, Nov. 26, 2010, as amended at by operator may elect to submit its re-
Amdt. 191–23, 80 FR 12777, Mar. 11, 2015] ports throughout the year. In addition,
404
an operator must also report this infor- after a report is submitted under para-
mation to the State pipeline safety au- graph (a) or (b) of this section, the op-
thority if a State has obtained regu- erator must make a supplemental re-
latory authority over the operator’s port as soon as practicable with a clear
pipeline. reference by date to the original re-
port.
[76 FR 5499, Feb. 1, 2011]
[75 FR 72905, Nov. 26, 2010]
§ 191.13 Distribution systems reporting
transmission pipelines; trans- § 191.17 Transmission systems; gath-
mission or gathering systems re- ering systems; and liquefied natural
porting distribution pipelines. gas facilities: Annual report.
Each operator, primarily engaged in (a) Transmission or Gathering. Each
gas distribution, who also operates gas operator of a transmission or a gath-
transmission or gathering pipelines ering pipeline system must submit an
shall submit separate reports for these annual report for that system on DOT
pipelines as required by §§ 191.15 and Form PHMSA 7100.2.1. This report
191.17. Each operator, primarily en- must be submitted each year, not later
gaged in gas transmission or gathering, than March 15, for the preceding cal-
who also operates gas distribution endar year, except that for the 2010 re-
pipelines shall submit separate reports porting year the report must be sub-
for these pipelines as required by mitted by June 15, 2011.
§§ 191.9 and 191.11. (b) LNG. Each operator of a liquefied
natural gas facility must submit an an-
[Amdt. 191–5, 49 FR 18961, May 3, 1984]
nual report for that system on DOT
§ 191.15 Transmission systems; gath- Form PHMSA 7100.3–1 This report must
ering systems; and liquefied natural be submitted each year, not later than
gas facilities: Incident report. March 15, for the preceding calendar
(a) Transmission or Gathering. Each year, except that for the 2010 reporting
operator of a transmission or a gath- year the report must be submitted by
ering pipeline system must submit June 15, 2011.
DOT Form PHMSA F 7100.2 as soon as [75 FR 72905, Nov. 26, 2010]
practicable but not more than 30 days
after detection of an incident required § 191.21 OMB control number assigned
to be reported under § 191.5 of this part. to information collection.
(b) LNG. Each operator of a liquefied This section displays the control
natural gas plant or facility must sub- number assigned by the Office of Man-
mit DOT Form PHMSA F 7100.3 as soon agement and Budget (OMB) to the in-
as practicable but not more than 30 formation collection requirements in
days after detection of an incident re- this part. The Paperwork Reduction
quired to be reported under § 191.5 of Act requires agencies to display a cur-
this part. rent control number assigned by the
(c) Supplemental report. Where addi- Director of OMB for each agency infor-
tional related information is obtained mation collection requirement.
OMB CONTROL NUMBER 2137–0522
Section of 49 CFR Part 191 where identified Form No.
191.5 ...................................................................................................................................... Telephonic.

191.9 ...................................................................................................................................... PHMSA 7100.1, PHMSA 7100.3.
191.11 .................................................................................................................................... PHMSA 7100.1–1, PHMSA 7100.3–
1.
191.15 .................................................................................................................................... PHMSA 7100.2.
191.17 .................................................................................................................................... PHMSA 7100.2–1.
191.22 .................................................................................................................................... PHMSA 1000.1.
405
§ 191.22 49 CFR Ch. I (10–1–15 Edition)
[75 FR 72905, Nov. 26, 2010] (ii) A change in the name of the oper-
ator;
§ 191.22 National Registry of Pipeline (iii) A change in the entity (e.g., com-
and LNG operators. pany, municipality) responsible for an
(a) OPID Request. Effective January existing pipeline, pipeline segment,
1, 2012, each operator of a gas pipeline, pipeline facility, or LNG facility;
gas pipeline facility, LNG plant or LNG (iv) The acquisition or divestiture of
facility must obtain from PHMSA an 50 or more miles of a pipeline or pipe-
Operator Identification Number line system subject to Part 192 of this
(OPID). An OPID is assigned to an op- subchapter; or
erator for the pipeline or pipeline sys- (v) The acquisition or divestiture of
tem for which the operator has pri- an existing LNG plant or LNG facility
mary responsibility. To obtain on subject to Part 193 of this subchapter.
OPID, an operator must complete an (d) Reporting. An operator must use
OPID Assignment Request DOT Form the OPID issued by PHMSA for all re-
PHMSA F 1000.1 through the National porting requirements covered under
Registry of Pipeline and LNG Opera- this subchapter and for submissions to
the National Pipeline Mapping System.
tors in accordance with § 191.7.
(b) OPID validation. An operator who [Amdt. No. 191–21, 75 FR 72906, Nov. 26, 2010]
has already been assigned one or more
OPID by January 1, 2011, must validate § 191.23 Reporting safety-related con-
ditions.
the information associated with each
OPID through the National Registry of (a) Except as provided in paragraph
Pipeline and LNG Operators at http:// (b) of this section, each operator shall
opsweb.phmsa.dot.gov, and correct that report in accordance with § 191.25 the
information as necessary, no later than existence of any of the following safe-
June 30, 2012. ty-related conditions involving facili-
(c) Changes. Each operator of a gas ties in service:
pipeline, gas pipeline facility, LNG (1) In the case of a pipeline (other
plant or LNG facility must notify than an LNG facility) that operates at
PHMSA electronically through the Na- a hoop stress of 20 percent or more of
tional Registry of Pipeline and LNG its specified minimum yield strength,
Operators at http://opsweb.phmsa.dot.gov general corrosion that has reduced the
of certain events. wall thickness to less than that re-
quired for the maximum allowable op-
(1) An operator must notify PHMSA
erating pressure, and localized corro-
of any of the following events not later
sion pitting to a degree where leakage
than 60 days before the event occurs:
might result.
(i) Construction or any planned reha- (2) Unintended movement or abnor-
bilitation, replacement, modification, mal loading by environmental causes,
upgrade, uprate, or update of a facility, such as an earthquake, landslide, or
other than a section of line pipe, that flood, that impairs the serviceability of
costs $10 million or more. If 60 day no- a pipeline or the structural integrity or
tice is not feasible because of an emer- reliability of an LNG facility that con-
gency, an operator must notify PHMSA tains, controls, or processes gas or
as soon as practicable; LNG.
(ii) Construction of 10 or more miles (3) Any crack or other material de-
of a new pipeline; or fect that impairs the structural integ-
(iii) Construction of a new LNG plant rity or reliability of an LNG facility
or LNG facility. that contains, controls, or processes
(2) An operator must notify PHMSA gas or LNG.
of any of the following events not later (4) Any material defect or physical
than 60 days after the event occurs: damage that impairs the serviceability
(i) A change in the primary entity re- of a pipeline that operates at a hoop
sponsible (i.e., with an assigned OPID) stress of 20 percent or more of its speci-
for managing or administering a safety fied minimum yield strength.
program required by this part covering (5) Any malfunction or operating

pipeline facilities operated under mul- error that causes the pressure of a
tiple OPIDs. pipeline or LNG facility that contains
406
or processes gas or LNG to rise above not later than 10 working days after
its maximum allowable operating pres- the day a representative of the oper-
sure (or working pressure for LNG fa- ator discovers the condition. Separate
cilities) plus the build-up allowed for conditions may be described in a single
operation of pressure limiting or con- report if they are closely related. Re-
trol devices. ports may be transmitted by electronic
(6) A leak in a pipeline or LNG facil- mail to
ity that contains or processes gas or InformationResourcesManager@dot.gov
LNG that constitutes an emergency. or by facsimile at (202) 366–7128.
(7) Inner tank leakage, ineffective in- (b) The report must be headed ‘‘Safe-
sulation, or frost heave that impairs ty-Related Condition Report’’ and pro-
the structural integrity of an LNG vide the following information:
storage tank. (1) Name and principal address of op-
(8) Any safety-related condition that erator.
could lead to an imminent hazard and (2) Date of report.
causes (either directly or indirectly by (3) Name, job title, and business tele-
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–
7, 54 FR 32344, Aug. 7, 1989; Amdt. 191–8, 54 FR
and cathodically protected pipeline. 40878, Oct. 4, 1989; Amdt. 191–10, 61 FR 18516,
[Amdt. 191–6, 53 FR 24949, July 1, 1988, as Apr. 26, 1996; Amdt. 191–23, 80 FR 12777, Mar.
amended by Amdt. 191–14, 63 FR 37501, July 11, 2015]
13, 1998]
§ 191.29 National Pipeline Mapping
§ 191.25 Filing safety-related condition System.
reports. (a) Each operator of a gas trans-
(a) Each report of a safety-related mission pipeline or liquefied natural
condition under § 191.23(a) must be filed gas facility must provide the following
(received by OPS within five working geospatial data to PHMSA for that
days, not including Saturday, Sunday, pipeline or facility:
or Federal Holidays) after the day a (1) Geospatial data, attributes,

representative of the operator first de- metadata and transmittal letter appro-
termines that the condition exists, but priate for use in the National Pipeline
407
Mapping System. Acceptable formats 192.55 Steel pipe.

and additional information are speci- 192.57 [Reserved]
fied in the NPMS Operator Standards 192.59 Plastic pipe.
192.61 [Reserved]
Manual available at 192.63 Marking of materials.
www.npms.phmsa.dot.gov or by con- 192.65 Transportation of pipe.
tacting the PHMSA Geographic Infor-
mation Systems Manager at (202) 366– Subpart C—Pipe Design
4595.
(2) The name of and address for the 192.101 Scope.
192.103 General.
operator.
192.105 Design formula for steel pipe.
(3) The name and contact informa- 192.107 Yield strength (S) for steel pipe.
tion of a pipeline company employee, 192.109 Nominal wall thickness (t) for steel
to be displayed on a public Web site, pipe.
who will serve as a contact for ques- 192.111 Design factor (F) for steel pipe.
tions from the general public about the 192.112 Additional design requirements for
operator’s NPMS data. steel pipe using alternative maximum al-
(b) The information required in para- lowable operating pressure.
graph (a) of this section must be sub- 192.113 Longitudinal joint factor (E) for
steel pipe.
mitted each year, on or before March
192.115 Temperature derating factor (T) for
15, representing assets as of December steel pipe.
31 of the previous year. If no changes 192.117 [Reserved]
have occurred since the previous year’s 192.119 [Reserved]
submission, the operator must comply 192.121 Design of plastic pipe.
with the guidance provided in the 192.123 Design limitations for plastic pipe.
NPMS Operator Standards manual 192.125 Design of copper pipe.
available at www.npms.phmsa.dot.gov or
contact the PHMSA Geographic Infor- Subpart D—Design of Pipeline Components
mation Systems Manager at (202) 366– 192.141 Scope.
4595. 192.143 General requirements.
192.144 Qualifying metallic components.
[Amdt. 191–23, 80 FR 12777, Mar. 11, 2013]
192.145 Valves.
192.147 Flanges and flange accessories.
PART 192—TRANSPORTATION OF 192.149 Standard fittings.
NATURAL AND OTHER GAS BY 192.150 Passage of internal inspection de-
PIPELINE: MINIMUM FEDERAL vices.
192.151 Tapping.
SAFETY STANDARDS 192.153 Components fabricated by welding.
192.155 Welded branch connections.
Subpart A—General 192.157 Extruded outlets.
192.159 Flexibility.
Sec. 192.161 Supports and anchors.
192.1 What is the scope of this part? 192.163 Compressor stations: Design and
192.3 Definitions. construction.
192.5 Class locations.
192.165 Compressor stations: Liquid re-
192.7 What documents are incorporated by
moval.
reference partly or wholly in this part?
192.167 Compressor stations: Emergency
192.8 How are onshore gathering lines and
shutdown.
regulated onshore gathering lines deter-
192.169 Compressor stations: Pressure lim-
mined?
iting devices.
192.9 What requirements apply to gathering
192.171 Compressor stations: Additional
lines?
safety equipment.
192.10 Outer continental shelf pipelines.
192.11 Petroleum gas systems. 192.173 Compressor stations: Ventilation.
192.13 What general requirements apply to 192.175 Pipe-type and bottle-type holders.
pipelines regulated under this part? 192.177 Additional provisions for bottle-type
192.14 Conversion to service subject to this holders.
part. 192.179 Transmission line valves.
192.15 Rules of regulatory construction. 192.181 Distribution line valves.
192.16 Customer notification. 192.183 Vaults: Structural design require-
ments.
Subpart B—Materials 192.185 Vaults: Accessibility.
192.187 Vaults: Sealing, venting, and ven-

192.51 Scope. tilation.
192.53 General. 192.189 Vaults: Drainage and waterproofing.
408
Pipeline and Hazardous Materials Safety Administration, DOT Pt. 192
192.191 Design pressure of plastic fittings. Subpart H—Customer Meters, Service
192.193 Valve installation in plastic pipe. Regulators, and Service Lines
192.195 Protection against accidental over-
pressuring. 192.351 Scope.
192.197 Control of the pressure of gas deliv- 192.353 Customer meters and regulators: Lo-
ered from high-pressure distribution sys- cation.
tems. 192.355 Customer meters and regulators:
192.199 Requirements for design of pressure Protection from damage.
relief and limiting devices. 192.357 Customer meters and regulators: In-
192.201 Required capacity of pressure reliev- stallation.
ing and limiting stations. 192.359 Customer meter installations: Oper-
192.203 Instrument, control, and sampling ating pressure.
pipe and components. 192.361 Service lines: Installation.
192.363 Service lines: Valve requirements.
Subpart E—Welding of Steel in Pipelines 192.365 Service lines: Location of valves.
192.367 Service lines: General requirements
192.221 Scope. for connections to main piping.
192.225 Welding procedures. 192.369 Service lines: Connections to cast
192.227 Qualification of welders and welding iron or ductile iron mains.
operators. 192.371 Service lines: Steel.
192.229 Limitations on welders and welding 192.373 Service lines: Cast iron and ductile
operators. iron.
192.229 Limitations on welders. 192.375 Service lines: Plastic.
192.231 Protection from weather. 192.377 Service lines: Copper.
192.233 Miter joints. 192.379 New service lines not in use.
192.235 Preparation for welding. 192.381 Service lines: Excess flow valve per-
192.241 Inspection and test of welds. formance standards.
192.243 Nondestructive testing. 192.383 Excess flow valve installation.
192.245 Repair or removal of defects.
Subpart I—Requirements for Corrosion
Subpart F—Joining of Materials Other Than Control
by Welding
192.451 Scope.
192.271 Scope. 192.452 How does this subpart apply to con-
192.273 General. verted pipelines and regulated onshore
192.275 Cast iron pipe. gathering lines?
192.277 Ductile iron pipe. 192.453 General.
192.279 Copper pipe. 192.455 External corrosion control: Buried
192.281 Plastic pipe. or submerged pipelines installed after
192.283 Plastic pipe: Qualifying joining pro- July 31, 1971.
cedures. 192.457 External corrosion control: Buried
192.285 Plastic pipe: Qualifying persons to or submerged pipelines installed before
make joints. August 1, 1971.
192.287 Plastic pipe: Inspection of joints. 192.459 External corrosion control: Exam-
ination of buried pipeline when exposed.
Subpart G—General Construction Require- 192.461 External corrosion control: Protec-
ments for Transmission Lines and Mains tive coating.
192.463 External corrosion control: Cathodic
192.301 Scope. protection.
192.303 Compliance with specifications or 192.465 External corrosion control: Moni-
standards. toring.
192.305 Inspection: General. 192.467 External corrosion control: Elec-
192.307 Inspection of materials. trical isolation.
192.309 Repair of steel pipe. 192.469 External corrosion control: Test sta-
192.311 Repair of plastic pipe. tions.
192.313 Bends and elbows. 192.471 External corrosion control: Test
192.315 Wrinkle bends in steel pipe. leads.
192.317 Protection from hazards. 192.473 External corrosion control: Inter-
192.319 Installation of pipe in a ditch. ference currents.
192.321 Installation of plastic pipe. 192.475 Internal corrosion control: General.
192.323 Casing. 192.476 Internal corrosion control: Design
192.325 Underground clearance. and construction of transmission line.
192.327 Cover. 192.477 Internal corrosion control: Moni-
192.328 Additional construction require- toring.

ments for steel pipe using alternative 192.479 Atmospheric corrosion control: Gen-
maximum allowable operating pressure. eral.
409
192.481 Atmospheric corrosion control: Mon- 192.620 Alternative maximum allowable op-
itoring. erating pressure for certain steel pipe-
192.483 Remedial measures: General. lines.
192.485 Remedial measures: Transmission 192.621 Maximum allowable operating pres-
lines. sure: High-pressure distribution systems.
192.487 Remedial measures: Distribution 192.623 Maximum and minimum allowable
lines other than cast iron or ductile iron operating pressure; Low-pressure dis-
lines. tribution systems.
192.489 Remedial measures: Cast iron and 192.625 Odorization of gas.
ductile iron pipelines. 192.627 Tapping pipelines under pressure.
192.490 Direct assessment. 192.629 Purging of pipelines.
192.491 Corrosion control records. 192.631 Control room management.
Subpart J—Test Requirements Subpart M—Maintenance

192.501 Scope. 192.701 Scope.
192.503 General requirements. 192.703 General.
192.505 Strength test requirements for steel 192.705 Transmission lines: Patrolling.
pipeline to operate at a hoop stress of 30 192.706 Transmission lines: Leakage sur-
percent or more of SMYS. veys.
192.507 Test requirements for pipelines to 192.707 Line markers for mains and trans-
operate at a hoop stress less than 30 per- mission lines.
cent of SMYS and at or above 100 p.s.i. 192.709 Transmission lines: Record keeping.
(689 kPa) gage. 192.711 Transmission lines: General require-
192.509 Test requirements for pipelines to ments for repair procedures.
operate below 100 p.s.i. (689 kPa) gage. 192.713 Transmission lines: Permanent field
192.511 Test requirements for service lines. repair of imperfections and damages.
192.513 Test requirements for plastic pipe- 192.715 Transmission lines: Permanent field
lines. repair of welds.
192.515 Environmental protection and safety 192.717 Transmission lines: Permanent field
requirements. repair of leaks.
192.517 Records. 192.719 Transmission lines: Testing of re-
pairs.
Subpart K—Uprating 192.721 Distribution systems: Patrolling.
192.723 Distribution systems: Leakage sur-
192.551 Scope.
veys.
192.553 General requirements.
192.725 Test requirements for reinstating
192.555 Uprating to a pressure that will
service lines.
produce a hoop stress of 30 percent or
192.727 Abandonment or deactivation of fa-
more of SMYS in steel pipelines.
cilities.
192.557 Uprating: Steel pipelines to a pres-
192.731 Compressor stations: Inspection and
sure that will produce a hoop stress less
testing of relief devices.
than 30 percent of SMYS; plastic, cast
192.735 Compressor stations: Storage of
iron, and ductile iron pipelines.
combustible materials.
192.736 Compressor stations: Gas detection.
Subpart L—Operations
192.739 Pressure limiting and regulating
192.601 Scope. stations: Inspection and testing.
192.603 General provisions. 192.741 Pressure limiting and regulating
192.605 Procedural manual for operations, stations: Telemetering or recording
maintenance, and emergencies. gauges.
192.607 [Reserved] 192.743 Pressure limiting and regulating
192.609 Change in class location: Required stations: Capacity of relief devices.
study. 192.745 Valve maintenance: Transmission
192.611 Change in class location: Confirma- lines.
tion or revision of maximum allowable 192.747 Valve maintenance: Distribution
operating pressure. systems.
192.612 Underwater inspection and reburial 192.749 Vault maintenance.
of pipelines in the Gulf of Mexico and its 192.751 Prevention of accidental ignition.
inlets. 192.753 Caulked bell and spigot joints.
192.613 Continuing surveillance. 192.755 Protecting cast-iron pipelines.
192.614 Damage prevention program.
192.615 Emergency plans. Subpart N—Qualification of Pipeline
192.616 Public awareness. Personnel
192.617 Investigation of failures.
192.619 What is the maximum allowable op- 192.801 Scope.

erating pressure for steel or plastic pipe- 192.803 Definitions.
lines? 192.805 Qualification Program.
410
192.807 Recordkeeping. Subpart P—Gas Distribution Pipeline
192.809 General. Integrity Management (IM)
Subpart O—Gas Transmission Pipeline 192.1001 What definitions apply to this sub-
Integrity Management part?
192.1003 What do the regulations in this sub-
192.901 What do the regulations in this subpart cover?
part cover? 192.1005 What must a gas distribution oper-
192.903 What definitions apply to this sub- ator (other than a master meter or small
part? LPG operator) do to implement this sub-
192.905 How does an operator identify a high part?
consequence area? 192.1007 What are the required elements of
192.907 What must an operator do to imple- an integrity management plan?
ment this subpart? 192.1009 What must an operator report when
192.909 How can an operator change its in- a mechanical fitting fails?
tegrity management program? 192.1011 What records must an operator
keep?
192.911 What are the elements of an integ-
192.1013 When may an operator deviate from
rity management program?
required periodic inspections of this
192.913 When may an operator deviate its
part?
program from certain requirements of
192.1015 What must a master meter or small
this subpart?
liquefied petroleum gas (LPG) operator
192.915 What knowledge and training must do to implement this subpart?
personnel have to carry out an integrity
management program? APPENDIX A TO PART 192 [RESERVED]
192.917 How does an operator identify poten- APPENDIX B TO PART 192—QUALIFICATION OF
tial threats to pipeline integrity and use PIPE
the threat identification in its integrity APPENDIX C TO PART 192—QUALIFICATION OF
program? WELDERS FOR LOW STRESS LEVEL PIPE
APPENDIX D TO PART 192—CRITERIA FOR CA-
192.919 What must be in the baseline assess-
THODIC PROTECTION AND DETERMINATION
ment plan?
OF MEASUREMENTS
192.921 How is the baseline assessment to be
APPENDIX E TO PART 192—GUIDANCE ON DE-
conducted?
TERMINING HIGH CONSEQUENCE AREAS AND
192.923 How is direct assessment used and ON CARRYING OUT REQUIREMENTS IN THE
for what threats? INTEGRITY MANAGEMENT RULE
192.925 What are the requirements for using
External Corrosion Direct Assessment AUTHORITY: 49 U.S.C. 5103, 60102, 60104,
(ECDA)? 60108, 60109, 60110, 60113, 60116 and 60118, 60137;
192.927 What are the requirements for using and 49 CFR 1.97.
Internal Corrosion Direct Assessment SOURCE: 35 FR 13257, Aug. 19, 1970, unless
(ICDA)? otherwise noted.
192.929 What are the requirements for using
Direct Assessment for Stress Corrosion EDITORIAL NOTE: Nomenclature changes to
Cracking (SCCDA)? part 192 appear at 71 FR 33406, June 9, 2006.
192.931 How may Confirmatory Direct As-
sessment (CDA) be used? Subpart A—General
192.933 What actions must be taken to ad-
dress integrity issues? § 192.1 What is the scope of this part?
192.935 What additional preventive and
mitigative measures must an operator
(a) This part prescribes minimum
take? safety requirements for pipeline facili-
192.937 What is a continual process of eval- ties and the transportation of gas, in-
uation and assessment to maintain a cluding pipeline facilities and the
pipeline’s integrity? transportation of gas within the limits
192.939 What are the required reassessment of the outer continental shelf as that
intervals? term is defined in the Outer Conti-
192.941 What is a low stress reassessment? nental Shelf Lands Act (43 U.S.C. 1331).
192.943 When can an operator deviate from (b) This part does not apply to—
these reassessment intervals?
(1) Offshore gathering of gas in State
192.945 What methods must an operator use
to measure program effectiveness?
waters upstream from the outlet flange
192.947 What records must an operator of each facility where hydrocarbons are
keep? produced or where produced hydro-
192.949 How does an operator notify carbons are first separated, dehy-
PHMSA? drated, or otherwise processed, which-
192.951 Where does an operator file a report? ever facility is farther downstream;
411
§ 192.3 49 CFR Ch. I (10–1–15 Edition)
(2) Pipelines on the Outer Conti- Administrator means the Adminis-

nental Shelf (OCS) that are producer- trator, Pipeline and Hazardous Mate-
operated and cross into State waters rials Safety Administration or his or
without first connecting to a trans- her delegate.
porting operator’s facility on the OCS, Alarm means an audible or visible
upstream (generally seaward) of the means of indicating to the controller
last valve on the last production facil- that equipment or processes are out-
ity on the OCS. Safety equipment pro- side operator-defined, safety-related
tecting PHMSA-regulated pipeline seg- parameters.
ments is not excluded. Producing oper- Control room means an operations
ators for those pipeline segments up- center staffed by personnel charged
stream of the last valve of the last pro- with the responsibility for remotely
duction facility on the OCS may peti- monitoring and controlling a pipeline
tion the Administrator, or designee, for facility.
approval to operate under PHMSA reg- Controller means a qualified indi-
ulations governing pipeline design, vidual who remotely monitors and con-
construction, operation, and mainte- trols the safety-related operations of a
nance under 49 CFR 190.9; pipeline facility via a SCADA system
(3) Pipelines on the Outer Conti- from a control room, and who has oper-
nental Shelf upstream of the point at ational authority and accountability
which operating responsibility trans- for the remote operational functions of
fers from a producing operator to a the pipeline facility.
transporting operator; Customer meter means the meter that
(4) Onshore gathering of gas— measures the transfer of gas from an
(i) Through a pipeline that operates operator to a consumer.
at less than 0 psig (0 kPa); Distribution line means a pipeline
(ii) Through a pipeline that is not a other than a gathering or transmission
regulated onshore gathering line (as line.
determined in § 192.8); and Electrical survey means a series of
(iii) Within inlets of the Gulf of Mex- closely spaced pipe-to-soil readings
ico, except for the requirements in over pipelines which are subsequently
§ 192.612; or analyzed to identify locations where a
(5) Any pipeline system that trans- corrosive current is leaving the pipe-
ports only petroleum gas or petroleum line.
gas/air mixtures to— Exposed underwater pipeline means an
(i) Fewer than 10 customers, if no underwater pipeline where the top of
portion of the system is located in a the pipe protrudes above the under-
public place; or water natural bottom (as determined
(ii) A single customer, if the system by recognized and generally accepted
is located entirely on the customer’s practices) in waters less than 15 feet
premises (no matter if a portion of the (4.6 meters) deep, as measured from
system is located in a public place). mean low water.
Gas means natural gas, flammable
[35 FR 13257, Aug. 19, 1970, as amended by gas, or gas which is toxic or corrosive.
Amdt. 192–27, 41 FR 34605, Aug. 16, 1976;
Amdt. 192–67, 56 FR 63771, Dec. 5, 1991; Amdt.
Gathering line means a pipeline that
192–78, 61 FR 28782, June 6, 1996; Amdt. 192–81, transports gas from a current produc-
62 FR 61695, Nov. 19, 1997; Amdt. 192–92, 68 FR tion facility to a transmission line or
46112, Aug. 5, 2003; 70 FR 11139, Mar. 8, 2005; main.
Amdt. 192–102, 71 FR 13301, Mar. 15, 2006; Gulf of Mexico and its inlets means the
Amdt. 192–103, 72 FR 4656, Feb. 1, 2007] waters from the mean high water mark
of the coast of the Gulf of Mexico and
§ 192.3 Definitions. its inlets open to the sea (excluding
As used in this part: rivers, tidal marshes, lakes, and ca-
Abandoned means permanently re- nals) seaward to include the territorial
moved from service. sea and Outer Continental Shelf to a
Active corrosion means continuing depth of 15 feet (4.6 meters), as meas-
corrosion that, unless controlled, could ured from the mean low water.
result in a condition that is detri- Hazard to navigation means, for the
mental to public safety. purposes of this part, a pipeline where
412
the top of the pipe is less than 12 Person means any individual, firm,
inches (305 millimeters) below the un- joint venture, partnership, corporation,
derwater natural bottom (as deter- association, State, municipality, coop-
mined by recognized and generally ac- erative association, or joint stock asso-
cepted practices) in waters less than 15 ciation, and including any trustee, re-
feet (4.6 meters) deep, as measured ceiver, assignee, or personal represent-
from the mean low water. ative thereof.
High-pressure distribution system Petroleum gas means propane, pro-
means a distribution system in which pylene, butane, (normal butane or
the gas pressure in the main is higher isobutanes), and butylene (including
than the pressure provided to the cus- isomers), or mixtures composed pre-
tomer. dominantly of these gases, having a
Line section means a continuous run vapor pressure not exceeding 208 psi
of transmission line between adjacent (1434 kPa) gage at 100 °F (38 °C).
compressor stations, between a com- Pipe means any pipe or tubing used in
pressor station and storage facilities, the transportation of gas, including
between a compressor station and a pipe-type holders.
block valve, or between adjacent block Pipeline means all parts of those
valves. physical facilities through which gas
Listed specification means a specifica- moves in transportation, including
tion listed in section I of appendix B of
pipe, valves, and other appurtenance
this part.
attached to pipe, compressor units, me-
Low-pressure distribution system means
tering stations, regulator stations, de-
a distribution system in which the gas
livery stations, holders, and fabricated
pressure in the main is substantially
assemblies.
the same as the pressure provided to
the customer. Pipeline environment includes soil re-
Main means a distribution line that sistivity (high or low), soil moisture
serves as a common source of supply (wet or dry), soil contaminants that
for more than one service line. may promote corrosive activity, and
Maximum actual operating pressure other known conditions that could af-
means the maximum pressure that oc- fect the probability of active corrosion.
curs during normal operations over a Pipeline facility means new and exist-
period of 1 year. ing pipelines, rights-of-way, and any
Maximum allowable operating pressure equipment, facility, or building used in
(MAOP) means the maximum pressure the transportation of gas or in the
at which a pipeline or segment of a treatment of gas during the course of
pipeline may be operated under this transportation.
part. Service line means a distribution line
Municipality means a city, county, or that transports gas from a common
any other political subdivision of a source of supply to an individual cus-
State. tomer, to two adjacent or adjoining
Offshore means beyond the line of or- residential or small commercial cus-
dinary low water along that portion of tomers, or to multiple residential or
the coast of the United States that is small commercial customers served
in direct contact with the open seas through a meter header or manifold. A
and beyond the line marking the sea- service line ends at the outlet of the
ward limit of inland waters. customer meter or at the connection to
Operator means a person who engages a customer’s piping, whichever is fur-
in the transportation of gas. ther downstream, or at the connection
Outer Continental Shelf means all sub- to customer piping if there is no meter.
merged lands lying seaward and out- Service regulator means the device on
side the area of lands beneath navi- a service line that controls the pres-
gable waters as defined in Section 2 of sure of gas delivered from a higher
the Submerged Lands Act (43 U.S.C. pressure to the pressure provided to
1301) and of which the subsoil and sea- the customer. A service regulator may
bed appertain to the United States and serve one customer or multiple cus-
are subject to its jurisdiction and con- tomers through a meter header or
trol. manifold.
413
§ 192.5 49 CFR Ch. I (10–1–15 Edition)
SMYS means specified minimum Welding operator means a person who

yield strength is: operates machine or automatic welding
(1) For steel pipe manufactured in ac- equipment.
cordance with a listed specification, [Amdt. 192–13, 38 FR 9084, Apr. 10, 1973, as
the yield strength specified as a min- amended by Amdt. 192–27, 41 FR 34605, Aug.
imum in that specification; or 16, 1976; Amdt. 192–58, 53 FR 1635, Jan. 21,
(2) For steel pipe manufactured in ac- 1988; Amdt. 192–67, 56 FR 63771, Dec. 5, 1991;
cordance with an unknown or unlisted Amdt. 192–72, 59 FR 17281, Apr. 12, 1994; Amdt.
192–78, 61 FR 28783, June 6, 1996; Amdt. 192–81,
specification, the yield strength deter- 62 FR 61695, Nov. 19, 1997; Amdt. 192–85, 63 FR
mined in accordance with § 192.107(b). 37501, July 13, 1998; Amdt. 192–89, 65 FR 54443,
State means each of the several Sept. 8, 2000; 68 FR 11749, Mar. 12, 2003; Amdt.
States, the District of Columbia, and 192–93, 68 FR 53900, Sept. 15, 2003; Amdt. 192–
the Commonwealth of Puerto Rico. 98, 69 FR 48406, Aug. 10, 2004; Amdt. 192–94, 69
FR 54592, Sept. 9, 2004; 70 FR 3148, Jan. 21,
Supervisory Control and Data Acquisi- 2005; 70 FR 11139, Mar. 8, 2005; Amdt. 192–112,
tion (SCADA) system means a computer- 74 FR 63326, Dec. 3, 2009; Amdt. 192–114, 75 FR
based system or systems used by a con- 48601, Aug. 11, 2010; Amdt. 192–120, 80 FR
troller in a control room that collects 12777, Mar. 11, 2015]
and displays information about a pipe-
line facility and may have the ability § 192.5 Class locations.
to send commands back to the pipeline (a) This section classifies pipeline lo-
facility. cations for purposes of this part. The
Transmission line means a pipeline, following criteria apply to classifica-
other than a gathering line, that: (1) tions under this section.
Transports gas from a gathering line or (1) A ‘‘class location unit’’ is an on-
storage facility to a distribution cen- shore area that extends 220 yards (200
ter, storage facility, or large volume meters) on either side of the centerline
of any continuous 1- mile (1.6 kilo-
customer that is not down-stream from
meters) length of pipeline.
a distribution center; (2) operates at a
(2) Each separate dwelling unit in a
hoop stress of 20 percent or more of
multiple dwelling unit building is
SMYS; or (3) transports gas within a counted as a separate building intended
storage field. for human occupancy.
NOTE: A large volume customer may re- (b) Except as provided in paragraph
ceive similar volumes of gas as a distribu- (c) of this section, pipeline locations
tion center, and includes factories, power are classified as follows:
plants, and institutional users of gas. (1) A Class 1 location is:
(i) An offshore area; or
Transportation of gas means the gath-
(ii) Any class location unit that has
ering, transmission, or distribution of
10 or fewer buildings intended for
gas by pipeline or the storage of gas, in
human occupancy.
or affecting interstate or foreign com- (2) A Class 2 location is any class lo-
merce. cation unit that has more than 10 but
Welder means a person who performs fewer than 46 buildings intended for
manual or semi-automatic welding. human occupancy.
(3) A Class 3 location is:
(i) Any class location unit that has 46
or more buildings intended for human
occupancy; or
(ii) An area where the pipeline lies
within 100 yards (91 meters) of either a
building or a small, well-defined out-
side area (such as a playground, recre-
ation area, outdoor theater, or other
place of public assembly) that is occu-
pied by 20 or more persons on at least
5 days a week for 10 weeks in any 12-

month period. (The days and weeks
need not be consecutive.)
414
(4) A Class 4 location is any class lo- (2) [Reserved]

cation unit where buildings with four (b) American Petroleum Institute
or more stories above ground are prev- (API), 1220 L Street NW., Washington,
alent. DC 20005, phone: 202–682–8000, http://
(c) The length of Class locations 2, 3, api.org/.
and 4 may be adjusted as follows: (1) API Recommended Practice 5L1,
(1) A Class 4 location ends 220 yards ‘‘Recommended Practice for Railroad
(200 meters) from the nearest building Transportation of Line Pipe,’’ 7th edi-
with four or more stories above ground. tion, September 2009, (API RP 5L1),
(2) When a cluster of buildings in- IBR approved for § 192.65(a).
tended for human occupancy requires a (2) API Recommended Practice 5LT,
Class 2 or 3 location, the class location ‘‘Recommended Practice for Truck
ends 220 yards (200 meters) from the Transportation of Line Pipe,’’ First
nearest building in the cluster. edition, March 2012, (API RP 5LT), IBR
[Amdt. 192–78, 61 FR 28783, June 6, 1996; 61 FR approved for § 192.65(c).
35139, July 5, 1996, as amended by Amdt. 192– (3) API Recommended Practice 5LW,
85, 63 FR 37502, July 13, 1998] ‘‘Recommended Practice for Transpor-
tation of Line Pipe on Barges and Ma-
§ 192.7 What documents are incor-
porated by reference partly or rine Vessels,’’ 3rd edition, September
wholly in this part? 2009, (API RP 5LW), IBR approved for
§ 192.65(b).
(a) This part prescribes standards, or
(4) API Recommended Practice 80,
portions thereof, incorporated by ref-
‘‘Guidelines for the Definition of On-
erence into this part with the approval
shore Gas Gathering Lines,’’ 1st edi-
of the Director of the Federal Register
tion, April 2000, (API RP 80), IBR ap-
in 5 U.S.C. 552(a) and 1 CFR part 51.
proved for § 192.8(a).
The materials listed in this section
have the full force of law. To enforce (5) API Recommended Practice 1162,
any edition other than that specified in ‘‘Public Awareness Programs for Pipe-
this section, PHMSA must publish a line Operators,’’ 1st edition, December
notice of change in the FEDERAL REG- 2003, (API RP 1162), IBR approved for
ISTER.
§ 192.616(a), (b), and (c).
(1) Availability of standards incor- (6) API Recommended Practice 1165,
porated by reference. All of the mate- ‘‘Recommended Practice for Pipeline
rials incorporated by reference are SCADA Displays,’’ First edition, Janu-
available for inspection from several ary 2007, (API RP 1165), IBR approved
sources, including the following: for § 192.631(c).
(i) The Office of Pipeline Safety, (7) API Specification 5L, ‘‘Specifica-
Pipeline and Hazardous Materials Safe- tion for Line Pipe,’’ 45th edition, effec-
ty Administration, 1200 New Jersey Av- tive July 1, 2013, (API Spec 5L), IBR ap-
enue SE., Washington, DC 20590. For proved for §§ 192.55(e); 192.112(a), (b), (d),
more information contact 202–366–4046 (e); 192.113; and Item I, Appendix B to
or go to the PHMSA Web site at: http:// Part 192.
www.phmsa.dot.gov/pipeline/regs. (8) ANSI/API Specification 6D,
(ii) The National Archives and ‘‘Specification for Pipeline
Records Administration (NARA). For Valves,’’23rd edition, effective October
information on the availability of this 1, 2008, including Errata 1 (June 2008),
material at NARA, call 202–741–6030 or Errata2 (/November 2008), Errata 3
go to the NARA Web site at: http:// (February 2009), Errata 4 (April 2010),
www.archives.gov/federallregister/ Errata 5 (November 2010), Errata 6 (Au-
codeloflfederallregulations/ gust 2011) Addendum 1 (October 2009),
ibrllocations.html. Addendum 2 (August 2011), and Adden-
(iii) Copies of standards incorporated dum 3 (October 2012), (ANSI/API Spec
by reference in this part can also be 6D), IBR approved for § 192.145(a).
purchased or are otherwise made avail- (9) API Standard 1104, ‘‘Welding of
able from the respective standards-de- Pipelines and Related Facilities,’’ 20th
veloping organization at the addresses edition, October 2005, including errata/

provided in the centralized IBR section addendum (July 2007) and errata 2
below. (2008), (API Std 1104), IBR approved for
415
§ 192.7 49 CFR Ch. I (10–1–15 Edition)
§§ 192.225(a); 192.227(a); 192.229(c); cedures, Welders, Brazers, and Welding

192.241(c); and Item II, Appendix B. and Brazing Operators,’’ 2007 edition,
(c) ASME International (ASME), July 1, 2007, ASME BPVC, Section IX,
Three Park Avenue, New York, NY IBR approved for §§ 192.225(a); 192.227(a);
10016, 800–843–2763 (U.S./Canada), http:// and Item II, Appendix B to Part 192.
www.asme.org/. (d) American Society for Testing and
(1) ASME/ANSI B16.1–2005, ‘‘Gray Materials (ASTM), 100 Barr Harbor
Iron Pipe Flanges and Flanged Fit- Drive, PO Box C700, West
tings: (Classes 25, 125, and 250),’’ August Conshohocken, PA 19428, phone: (610)
31, 2006, (ASME/ANSI B16.1), IBR ap- 832–9585, Web site: http://www.astm.org/.
proved for § 192.147(c). (1) ASTM A53/A53M–10, ‘‘Standard
(2) ASME/ANSI B16.5–2003, ‘‘Pipe Specification for Pipe, Steel, Black and
Flanges and Flanged Fittings, ‘‘Octo- Hot-Dipped, Zinc-Coated, Welded and
ber 2004, (ASME/ANSI B16.5), IBR ap- Seamless,’’ approved October 1, 2010,
proved for §§ 192.147(a) and 192.279. (ASTM A53/A53M), IBR approved for
(3) ASME/ANSI B31G–1991 (Re- § 192.113; and Item II, Appendix B to
affirmed 2004), ‘‘Manual for Deter- Part 192.
mining the Remaining Strength of Cor- (2) ASTM A106/A106M–10, ‘‘Standard
roded Pipelines,’’ 2004, (ASME/ANSI Specification for Seamless Carbon
B31G), IBR approved for §§ 192.485(c) and Steel Pipe for High-Temperature Serv-
192.933(a). ice,’’ approved October 1, 2010, (ASTM
(4) ASME/ANSI B31.8–2007, ‘‘Gas A106/A106M), IBR approved for § 192.113;
Transmission and Distribution Piping and Item I, Appendix B to Part 192.
Systems,’’ November 30, 2007, (ASME/ (3) ASTM A333/A333M–11, ‘‘Standard
ANSI B31.8), IBR approved for Specification for Seamless and Welded
§§ 192.112(b) and 192.619(a). Steel Pipe for Low-Temperature Serv-
(5) ASME/ANSI B31.8S–2004, ‘‘Supple- ice,’’ approved April 1, 2011, (ASTM
ment to B31.8 on Managing System In- A333/A333M), IBR approved for § 192.113;
tegrity of Gas Pipelines,’’ 2004, (ASME/ and Item I, Appendix B to Part 192.
ANSI B31.8S–2004), IBR approved for (4) ASTM A372/A372M–10, ‘‘Standard
§§ 192.903 note to Potential impact radius; Specification for Carbon and Alloy
192.907 introductory text, (b); 192.911 in- Steel Forgings for Thin-Walled Pres-
troductory text, (i), (k), (l), (m); sure Vessels,’’ approved October 1, 2010,
192.913(a), (b), (c); 192.917 (a), (b), (c), (ASTM A372/A372M), IBR approved for
(d), (e); 192.921(a); 192.923(b); 192.925(b); § 192.177(b).
192.927(b), (c); 192.929(b); 192.933(c), (d); (5) ASTM A381–96 (reapproved 2005),
192.935 (a), (b); 192.937(c); 192.939(a); and ‘‘Standard Specification for Metal-Arc
192.945(a). Welded Steel Pipe for Use with High-
(6) ASME Boiler & Pressure Vessel Pressure Transmission Systems,’’ ap-
Code, Section I, ‘‘Rules for Construc- proved October 1, 2005, (ASTM A381),
tion of Power Boilers 2007,’’ 2007 edi- IBR approved for § 192.113; and Item I,
tion, July 1, 2007, (ASME BPVC, Sec- Appendix B to Part 192.
tion I), IBR approved for § 192.153(b). (6) ASTM A578/A578M–96 (reapproved
(7) ASME Boiler & Pressure Vessel 2001), ‘‘Standard Specification for
Code, Section VIII, Division 1 ‘‘Rules Straight-Beam Ultrasonic Examina-
for Construction of Pressure Vessels,’’ tion of Plain and Clad Steel Plates for
2007 edition, July 1, 2007, (ASME BPVC, Special Applications,’’ (ASTM A578/
Section VIII, Division 1), IBR approved A578M), IBR approved for § 192.112(c).
for §§ 192.153(a), (b), (d); and 192.165(b). (7) ASTM A671/A671M–10, ‘‘Standard
(8) ASME Boiler & Pressure Vessel Specification for Electric-Fusion-Weld-
Code, Section VIII, Division 2 ‘‘Alter- ed Steel Pipe for Atmospheric and
nate Rules, Rules for Construction of Lower Temperatures,’’ approved April
Pressure Vessels,’’ 2007 edition, July 1, 1, 2010, (ASTM A671/A671M), IBR ap-
2007, (ASME BPVC, Section VIII, Divi- proved for § 192.113; and Item I, Appen-
sion 2), IBR approved for §§ 192.153(b), dix B to Part 192.
(d); and 192.165(b). (8) ASTM A672/A672M–09, ‘‘Standard
(9) ASME Boiler & Pressure Vessel Specification for Electric-Fusion-Weld-

Code, Section IX: ‘‘Qualification ed Steel Pipe for High-Pressure Service
Standard for Welding and Brazing Pro- at Moderate Temperatures,’’ approved
416
October 1, 2009, (ASTM A672/672M), IBR Vienna, VA 22180, phone: 703–281–6613,

approved for § 192.113 and Item I, Ap- Web site: http://www.mss-hq.org/.
pendix B to Part 192. (1) MSS SP–44–2010, Standard Prac-
(9) ASTM A691/A691M–09, ‘‘Standard tice, ‘‘Steel Pipeline Flanges,’’ 2010 edi-
Specification for Carbon and Alloy tion, (including Errata (May 20, 2011)),
Steel Pipe, Electric-Fusion-Welded for (MSS SP–44), IBR approved for
High-Pressure Service at High Tem- § 192.147(a).
peratures,’’ approved October 1, 2009, (2) [Reserved]
(ASTM A691/A691M), IBR approved for (g) NACE International (NACE), 1440
§ 192.113 and Item I, Appendix B to Part South Creek Drive, Houston, TX 77084:
192. phone: 281–228–6223 or 800–797–6223, Web
(10) ASTM D638–03, ‘‘Standard Test site: http://www.nace.org/Publications/.
Method for Tensile Properties of Plas- (1) ANSI/NACE SP0502–2010, Standard
tics,’’ 2003, (ASTM D638), IBR approved Practice, ‘‘Pipeline External Corrosion
for § 192.283(a) and (b). Direct Assessment Methodology,’’ re-
(11) ASTM D2513–87, ‘‘Standard Speci- vised June 24, 2010, (NACE SP0502), IBR
fication for Thermoplastic Gas Pres- approved for §§ 192.923(b); 192.925(b);
sure Pipe, Tubing, and Fittings,’’ 192.931(d); 192.935(b) and 192.939(a).
(ASTM D2513–87), IBR approved for (2) [Reserved]
§ 192.63(a). (h) National Fire Protection Associa-
(12) ASTM D2513–99, ‘‘Standard Speci- tion (NFPA), 1 Batterymarch Park,
fication for Thermoplastic Gas Pres- Quincy, Massachusetts 02169, phone: 1
sure Pipe, Tubing, and Fittings,’’ 617 984–7275, Web site: http://
(ASTM D 2513–99), IBR approved for www.nfpa.org/.
§§ 192.191(b); 192.281(b); 192.283(a) and (1) NFPA–30 (2012), ‘‘Flammable and
Item 1, Appendix B to Part 192. Combustible Liquids Code,’’ 2012 edi-
(13) ASTM D2513–09a, ‘‘Standard tion, June 20, 2011, including Errata 30–
Specification for Polyethylene (PE) 12–1 (September 27, 2011) and Errata 30–
Gas Pressure Pipe, Tubing, and Fit- 12–2 (November 14, 2011), (NFPA–30),
tings,’’ approved December 1, 2009, IBR approved for § 192.735(b).
(ASTM D2513–09a), IBR approved for (2) NFPA–58 (2004), ‘‘Liquefied Petro-
§§ 192.123(e); 192.191(b); 192.283(a); and leum Gas Code (LP-Gas Code),’’
Item 1, Appendix B to Part 192. (NFPA–58), IBR approved for § 192.11(a),
(14) ASTM D2517–00, ‘‘Standard Speci- (b), and (c).
fication for Reinforced Epoxy Resin (3) NFPA–59 (2004), ‘‘Utility LP-Gas
Gas Pressure Pipe and Fittings,’’ Plant Code,’’ (NFPA–59), IBR approved
(ASTM D 2517), IBR approved for for § 192.11(a), (b); and (c).
§§ 192.191(a); 192.281(d); 192.283(a); and (4) NFPA–70 (2011), ‘‘National Elec-
Item I, Appendix B to Part 192. trical Code,’’ 2011 edition, issued Au-
(15) ASTM F1055–1998, ‘‘Standard gust 5, 2010, (NFPA–70), IBR approved
Specification for Electrofusion Type for §§ 192.163(e); and 192.189(c).
Polyethylene Fittings for Outside Di- (i) Pipeline Research Council Inter-
ameter Controller Polyethylene Pipe national, Inc. (PRCI), c/o Technical
and Tubing,’’ (ASTM F1055), IBR ap- Toolboxes, 3801 Kirby Drive, Suite 520,
proved for § 192.283(a). P.O. Box 980550, Houston, TX 77098,
(e) Gas Technology Institute (GTI), phone: 713–630–0505, toll free: 866–866–
formerly the Gas Research Institute 6766, Web site: http://www.ttoolboxes.com/
(GRI)), 1700 S. Mount Prospect Road, . (Contract number PR–3–805.)
Des Plaines, IL 60018, phone: 847–768– (1) AGA, Pipeline Research Com-
0500, Web site: www.gastechnology.org. mittee Project, PR–3–805, ‘‘A Modified
(1) GRI 02/0057 (2002) ‘‘Internal Corro- Criterion for Evaluating the Remain-
sion Direct Assessment of Gas Trans- ing Strength of Corroded Pipe,’’ (De-
mission Pipelines Methodology,’’ (GRI cember 22, 1989), (PRCI PR–3–805 (R–
02/0057), IBR approved for § 192.927(c). STRENG)), IBR approved for
(2) [Reserved] §§ 192.485(c); 192.933(a) and (d).
(f) Manufacturers Standardization (2) [Reserved]

Society of the Valve and Fittings In- (j) Plastics Pipe Institute, Inc. (PPI),
dustry, Inc. (MSS), 127 Park St. NE., 105 Decker Court, Suite 825 Irving TX
417
§ 192.8 49 CFR Ch. I (10–1–15 Edition)
75062, phone: 469–499–1044, http:// tation, such as separators or

www.plasticpipe.org/. dehydrators, unless that equipment is
(1) PPI TR–3/2008 HDB/HDS/PDB/SDB/ involved in the processes of ‘‘produc-
MRS Policies (2008), ‘‘Policies and Pro- tion and preparation for transportation
cedures for Developing Hydrostatic De- or delivery of hydrocarbon gas’’ within
sign Basis (HDB), Pressure Design the meaning of ‘‘production oper-
Basis (PDB), Strength Design Basis ation.’’
(SDB), and Minimum Required (2) The endpoint of gathering, under
Strength (MRS) Ratings for Thermo- section 2.2(a)(1)(A) of API RP 80, may
plastic Piping Materials or Pipe, ’’ May not extend beyond the first down-
2008, IBR approved for § 192.121. stream natural gas processing plant,
(2) [Reserved] unless the operator can demonstrate,
[35 FR 13257, Aug. 19, 1970] using sound engineering principles,
EDITORIAL NOTE: For FEDERAL REGISTER ci- that gathering extends to a further
tations affecting § 192.7, see the List of CFR downstream plant.
Sections Affected, which appears in the (3) If the endpoint of gathering, under
Finding Aids section of the printed volume section 2.2(a)(1)(C) of API RP 80, is de-
and at www.fdsys.gov. termined by the commingling of gas
from separate production fields, the
§ 192.8 How are onshore gathering
lines and regulated onshore gath- fields may not be more than 50 miles
ering lines determined? from each other, unless the Adminis-
trator finds a longer separation dis-
(a) An operator must use API RP 80 tance is justified in a particular case
(incorporated by reference, see § 192.7),
(see 49 CFR § 190.9).
to determine if an onshore pipeline (or
part of a connected series of pipelines) (4) The endpoint of gathering, under
is an onshore gathering line. The deter- section 2.2(a)(1)(D) of API RP 80, may
mination is subject to the limitations not extend beyond the furthermost
listed below. After making this deter- downstream compressor used to in-
mination, an operator must determine crease gathering line pressure for de-
if the onshore gathering line is a regu- livery to another pipeline.
lated onshore gathering line under (b) For purposes of § 192.9, ‘‘regulated
paragraph (b) of this section. onshore gathering line’’ means:
(1) The beginning of gathering, under (1) Each onshore gathering line (or
section 2.2(a)(1) of API RP 80, may not segment of onshore gathering line)
extend beyond the furthermost down- with a feature described in the second
stream point in a production operation column that lies in an area described in
as defined in section 2.3 of API RP 80. the third column; and
This furthermost downstream point (2) As applicable, additional lengths
does not include equipment that can be of line described in the fourth column
used in either production or transpor- 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).
418
Type Feature Area Safety buffer
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] (3) Carry out a damage prevention
program under § 192.614;
§ 192.9 What requirements apply to (4) Establish a public education pro-
gathering lines? gram under § 192.616;
(a) Requirements. An operator of a (5) Establish the MAOP of the line
gathering line must follow the safety under § 192.619; and
requirements of this part as prescribed (6) Install and maintain line markers
by this section. according to the requirements for
(b) Offshore lines. An operator of an transmission lines in § 192.707.
offshore gathering line must comply (7) Conduct leakage surveys in ac-
with requirements of this part applica- cordance with § 192.706 using leak de-
ble to transmission lines, except the re- tection equipment and promptly repair
quirements in § 192.150 and in subpart O hazardous leaks that are discovered in
of this part. accordance with § 192.703(c).
(c) Type A lines. An operator of a (e) Compliance deadlines. An operator
Type A regulated onshore gathering of a regulated onshore gathering line
line must comply with the require- must comply with the following dead-
ments of this part applicable to trans- lines, as applicable.
mission lines, except the requirements (1) An operator of a new, replaced, re-
in § 192.150 and in subpart O of this located, or otherwise changed line
part. However, an operator of a Type A must be in compliance with the appli-
regulated onshore gathering line in a cable requirements of this section by
Class 2 location may demonstrate com- the date the line goes into service, un-
pliance with subpart N by describing less an exception in § 192.13 applies.
the processes it uses to determine the (2) If a regulated onshore gathering
qualification of persons performing op- line existing on April 14, 2006 was not
erations and maintenance tasks. previously subject to this part, an op-
(d) Type B lines. An operator of a erator has until the date stated in the
Type B regulated onshore gathering second column to comply with the ap-
line must comply with the following plicable requirement for the line listed
requirements: in the first column, unless the Admin-
(1) If a line is new, replaced, relo- istrator finds a later deadline is justi-
cated, or otherwise changed, the de- fied in a particular case:
sign, installation, construction, initial
inspection, and initial testing must be Requirement Compliance deadline
in accordance with requirements of Control corrosion according to April 15, 2009.
this part applicable to transmission Subpart I requirements for
lines; transmission lines.
(2) If the pipeline is metallic, control Carry out a damage preven- October 15, 2007.
tion program under
corrosion according to requirements of § 192.614.

subpart I of this part applicable to Establish MAOP under October 15, 2007.
transmission lines; § 192.619.
419
§ 192.10 49 CFR Ch. I (10–1–15 Edition)
Requirement Compliance deadline quirements of this part and NFPA 58

and NFPA 59 (incorporated by ref-
Install and maintain line mark- April 15, 2008.
ers under § 192.707. erence, see § 192.7).
Establish a public education April 15, 2008. (b) Each pipeline system subject to
program under § 192.616.
Other provisions of this part April 15, 2009.
this part that transports only petro-
as required by paragraph leum gas or petroleum gas/air mixtures
(c) of this section for Type must meet the requirements of this
A lines.
part and of ANSI/NFPA 58 and 59.
(3) If, after April 14, 2006, a change in (c) In the event of a conflict between
class location or increase in dwelling this part and NFPA 58 and NFPA 59
density causes an onshore gathering (incorporated by reference, see § 192.7),
line to be a regulated onshore gath- NFPA 58 and NFPA 59 prevail.
ering line, the operator has 1 year for [Amdt. 192–78, 61 FR 28783, June 6, 1996, as
Type B lines and 2 years for Type A amended by Amdt. 192–119, 80 FR 180, Jan. 5,
lines after the line becomes a regulated 2015; 80 FR 46847, Aug. 6, 2015]
onshore gathering line to comply with
this section. § 192.13 What general requirements
[Amdt. 192–102, 71 FR 13301, Mar. 15, 2006, as apply to pipelines regulated under
amended by Amdt. 192–120, 80 FR 12777, Mar. this part?
11, 2015] (a) No person may operate a segment
of pipeline listed in the first column
§ 192.10 Outer continental shelf pipe-
lines. that is readied for service after the
date in the second column, unless:
Operators of transportation pipelines
(1) The pipeline has been designed, in-
on the Outer Continental Shelf (as de-
fined in the Outer Continental Shelf stalled, constructed, initially in-
Lands Act; 43 U.S.C. 1331) must identify spected, and initially tested in accord-
on all their respective pipelines the ance with this part; or
specific points at which operating re- (2) The pipeline qualifies for use
sponsibility transfers to a producing under this part according to the re-
operator. For those instances in which quirements in § 192.14.
the transfer points are not identifiable
Pipeline Date
by a durable marking, each operator
will have until September 15, 1998 to Offshore gathering line .......... July 31, 1977.
identify the transfer points. If it is not Regulated onshore gathering March 15 2007.
practicable to durably mark a transfer line to which this part did
not apply until April 14,
point and the transfer point is located 2006.
above water, the operator must depict All other pipelines .................. March 12, 1971.
the transfer point on a schematic lo-
cated near the transfer point. If a (b) No person may operate a segment
transfer point is located subsea, then of pipeline listed in the first column
the operator must identify the transfer that is replaced, relocated, or other-
point on a schematic which must be
wise changed after the date in the sec-
maintained at the nearest upstream fa-
cility and provided to PHMSA upon re- ond column, unless the replacement,
quest. For those cases in which adjoin- relocation or change has been made ac-
ing operators have not agreed on a cording to the requirements in this
transfer point by September 15, 1998 part.
the Regional Director and the MMS Pipeline Date
Regional Supervisor will make a joint
determination of the transfer point. Offshore gathering line .......... July 31, 1977.
Regulated onshore gathering March 15, 2007.
[Amdt. 192–81, 62 FR 61695, Nov. 19, 1997, as line to which this part did
amended at 70 FR 11139, Mar. 8, 2005] not apply until April 14,
2006.
§ 192.11 Petroleum gas systems. All other pipelines .................. November 12, 1970.
(a) Each plant that supplies petro-

leum gas by pipeline to a natural gas (c) Each operator shall maintain,
distribution system must meet the re- modify as appropriate, and follow the
420
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-
ments, and alterations made under the sion if the piping is metallic; and
requirements of paragraph (a) of this (iii) Repaired if any unsafe condition
section. is discovered.
[Amdt. 192–30, 42 FR 60148, Nov. 25, 1977] (4) When excavating near buried gas
piping, the piping should be located in
§ 192.15 Rules of regulatory construc- advance, and the excavation done by
tion. hand.
(a) As used in this part: (5) The operator (if applicable),
Includes means including but not lim- plumbing contractors, and heating con-
ited to. tractors can assist in locating, inspect-
May means ‘‘is permitted to’’ or ‘‘is ing, and repairing the customer’s bur-
authorized to’’. ied piping.
May not means ‘‘is not permitted to’’ (c) Each operator shall notify each
or ‘‘is not authorized to’’. customer not later than August 14,
Shall is used in the mandatory and 1996, or 90 days after the customer first
imperative sense. receives gas at a particular location,
(b) In this part: whichever is later. However, operators
421
§ 192.51 49 CFR Ch. I (10–1–15 Edition)
of master meter systems may continu- meets the requirements of paragraph

ously post a general notice in a promi- II-C of appendix B to this part;
nent location frequented by customers. (2) It meets the requirements of:
(d) Each operator must make the fol- (i) Section II of appendix B to this
lowing records available for inspection part; or
by the Administrator or a State agency (ii) If it was manufactured before No-
participating under 49 U.S.C. 60105 or vember 12, 1970, either section II or III
60106: of appendix B to this part;
(1) A copy of the notice currently in (3) It has been used in an existing
use; and line of the same or higher pressure and
(2) Evidence that notices have been meets the requirements of paragraph
sent to customers within the previous 3 II-C of appendix B to this part; or
years. (4) It is used in accordance with para-
[Amdt. 192–74, 60 FR 41828, Aug. 14, 1995, as
graph (c) of this section.
amended by Amdt. 192–74A, 60 FR 63451, Dec. (c) New or used steel pipe may be
11, 1995; Amdt. 192–83, 63 FR 7723, Feb. 17, used at a pressure resulting in a hoop
1998] stress of less than 6,000 p.s.i. (41 MPa)
where no close coiling or close bending
Subpart B—Materials is to be done, if visual examination in-
dicates that the pipe is in good condi-
§ 192.51 Scope. tion and that it is free of split seams
and other defects that would cause
This subpart prescribes minimum re-
leakage. If it is to be welded, steel pipe
quirements for the selection and quali-
that has not been manufactured to a
fication of pipe and components for use
listed specification must also pass the
in pipelines.
weldability tests prescribed in para-
§ 192.53 General. graph II-B of appendix B to this part.
(d) Steel pipe that has not been pre-
Materials for pipe and components viously used may be used as replace-
must be: ment pipe in a segment of pipeline if it
(a) Able to maintain the structural has been manufactured prior to Novem-
integrity of the pipeline under tem- ber 12, 1970, in accordance with the
perature and other environmental con- same specification as the pipe used in
ditions that may be anticipated; constructing that segment of pipeline.
(b) Chemically compatible with any (e) New steel pipe that has been cold
gas that they transport and with any expanded must comply with the man-
other material in the pipeline with datory provisions of API Spec 5L (in-
which they are in contact; and corporated by reference, see § 192.7).
(c) Qualified in accordance with the
applicable requirements of this sub- [35 FR 13257, Aug. 19, 1970, as amended by
part. Amdt. 191–1, 35 FR 17660, Nov. 17, 1970; Amdt.
192–12, 38 FR 4761, Feb. 22, 1973; Amdt. 192–51,
§ 192.55 Steel pipe. 51 FR 15335, Apr. 23, 1986; 58 FR 14521, Mar. 18,
1993; Amdt. 192–85, 63 FR 37502, July 13, 1998;
(a) New steel pipe is qualified for use Amdt. 192–119, 80 FR 180, Jan. 5, 2015; 80 FR
under this part if: 46847, Aug. 6, 2015]
(1) It was manufactured in accord-
ance with a listed specification; § 192.57 [Reserved]
(2) It meets the requirements of—
(i) Section II of appendix B to this § 192.59 Plastic pipe.
part; or (a) New plastic pipe is qualified for
(ii) If it was manufactured before No- use under this part if:
vember 12, 1970, either section II or III (1) It is manufactured in accordance
of appendix B to this part; or with a listed specification; and
(3) It is used in accordance with para- (2) It is resistant to chemicals with
graph (c) or (d) of this section. which contact may be anticipated.
(b) Used steel pipe is qualified for use (b) Used plastic pipe is qualified for
under this part if: use under this part if:

(1) It was manufactured in accord- (1) It was manufactured in accord-
ance with a listed specification and it ance with a listed specification;
422
(2) It is resistant to chemicals with fore November 12, 1970, that meet all of
which contact may be anticipated; the following:
(3) It has been used only in natural (1) The item is identifiable as to type,
gas service; manufacturer, and model.
(4) Its dimensions are still within the (2) Specifications or standards giving
tolerances of the specification to which pressure, temperature, and other ap-
it was manufactured; and propriate criteria for the use of items
(5) It is free of visible defects. are readily available.
(c) For the purpose of paragraphs
(a)(1) and (b)(1) of this section, where [Amdt. 192–1, 35 FR 17660, Nov. 17, 1970, as
pipe of a diameter included in a listed amended by Amdt. 192–31, 43 FR 883, Apr. 3,
specification is impractical to use, pipe 1978; Amdt. 192–61, 53 FR 36793, Sept. 22, 1988;
of a diameter between the sizes in- Amdt. 192–62, 54 FR 5627, Feb. 6, 1989; Amdt.
cluded in a listed specification may be 192–61A, 54 FR 32642, Aug. 9, 1989; 58 FR 14521,
Mar. 18, 1993; Amdt. 192–76, 61 FR 26122, May
used if it:
24, 1996; 61 FR 36826, July 15, 1996; Amdt. 192–
(1) Meets the strength and design cri-
114, 75 FR 48603, Aug. 11, 2010; Amdt. 192–119,
teria required of pipe included in that 80 FR 180, Jan. 5, 2015]
listed specification; and
(2) Is manufactured from plastic com- § 192.65 Transportation of pipe.
pounds which meet the criteria for ma-
terial required of pipe included in that (a) Railroad. In a pipeline to be oper-
listed specification. ated at a hoop stress of 20 percent or
(d) Rework and/or regrind material is more of SMYS, an operator may not in-
not allowed in plastic pipe produced stall pipe having an outer diameter to
after March 6, 2015 used under this wall thickness of 70 to 1, or more, that
part. is transported by railroad unless the
transportation is performed by API RP
Amdt. 192–19, 40 FR 10472, Mar. 6, 1975; Amdt. 5L1 (incorporated by reference, see
192–58, 53 FR 1635, Jan. 21, 1988; Amdt. 192–119, § 192.7).
80 FR 180, Jan. 5, 2015] (b) Ship or barge. In a pipeline to be
operated at a hoop stress of 20 percent
§ 192.61 [Reserved] or more of SMYS, an operator may not
§ 192.63 Marking of materials. use pipe having an outer diameter to
wall thickness ratio of 70 to 1, or more,
(a) Except as provided in paragraph that is transported by ship or barge on
(d) of this section, each valve, fitting, both inland and marine waterways un-
length of pipe, and other component less the transportation is performed in
must be marked—
accordance with API RP 5LW (incor-
(1) As prescribed in the specification
porated by reference, see § 192.7).
or standard to which it was manufac-
tured, except that thermoplastic pipe (c) Truck. In a pipeline to be operated
and fittings made of plastic materials at a hoop stress of 20 percent or more
other than polyethylene must be of SMYS, an operator may not use pipe
marked in accordance with ASTM having an outer diameter to wall
D2513–87 (incorporated by reference, see thickness ratio of 70 to 1, or more, that
§ 192.7); is transported by truck unless the
(2) To indicate size, material, manu- transportation is performed in accord-
facturer, pressure rating, and tempera- ance with API RP 5LT (incorporated by
ture rating, and as appropriate, type, reference, see § 192.7).
grade, and model.
[Amdt. 192–114, 75 FR 48603, Aug. 11, 2010, as
(b) Surfaces of pipe and components amended by Amdt. 192–119, 80 FR 180, Jan. 5,
that are subject to stress from internal 2015; Amdt. 192–120, 80 FR 12777, Mar. 11, 2015]
pressure may not be field die stamped.
(c) If any item is marked by die
stamping, the die must have blunt or Subpart C—Pipe Design
rounded edges that will minimize
§ 192.101 Scope.
stress concentrations.
(d) Paragraph (a) of this section does This subpart prescribes the minimum
not apply to items manufactured be- requirements for the design of pipe.
423
§ 192.103 49 CFR Ch. I (10–1–15 Edition)
§ 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 provided in paragraph (b)(1) of this sec-
inch (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, § 192.109 Nominal wall thickness (t)
it is determined in accordance with for steel pipe.
§ 192.109. Additional wall thickness re-
(a) If the nominal wall thickness for
quired for concurrent external loads in
accordance with § 192.103 may not be in- steel pipe is not known, it is deter-
cluded in computing 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-
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
in section I of appendix B of this part, Amdt. 192–85, 63 FR 37502, July 13, 1998]
the yield strength to be used in the de-
sign formula in § 192.105 is the SMYS § 192.111 Design factor (F) for steel
stated in the listed specification, if pipe.
that value is known. (a) Except as otherwise provided in

(b) For pipe that is manufactured in paragraphs (b), (c), and (d) of this sec-
accordance with a specification not tion, the design factor to be used in the
424
design formula in § 192.105 is deter- (c) For Class 2 locations, a design fac-
mined in accordance with the following tor of 0.50, or less, must be used in the
table: design formula in § 192.105 for uncased
steel pipe that crosses the right-of-way
Design
Class location factor (F) of a hard surfaced road, a highway, a
public street, or a railroad.
1 ........................................................................... 0.72 (d) For Class 1 and Class 2 locations,
2 ........................................................................... 0.60
3 ........................................................................... 0.50 a design factor of 0.50, or less, must be
4 ........................................................................... 0.40 used in the design formula in § 192.105
for—
(b) A design factor of 0.60 or less (1) Steel pipe in a compressor station,
must be used in the design formula in regulating station, or measuring sta-
§ 192.105 for steel pipe in Class 1 location; and
tions that: (2) Steel pipe, including a pipe riser,
(1) Crosses the right-of-way of an un- on a platform located offshore or in in-
improved public road, without a casing; land navigable waters.
(2) Crosses without a casing, or [35 FR 13257, Aug. 19, 1970, as amended by
makes a parallel encroachment on, the Amdt. 192–27, 41 FR 34605, Aug. 16, 1976]
right-of-way of either a hard surfaced
road, a highway, a public street, or a § 192.112 Additional design require-
railroad; ments for steel pipe using alter-
(3) Is supported by a vehicular, pedes- native maximum allowable oper-
trian, railroad, or pipeline bridge; or ating pressure.
(4) Is used in a fabricated assembly, For a new or existing pipeline seg-
(including separators, mainline valve ment to be eligible for operation at the
assemblies, cross-connections, and alternative maximum allowable oper-
river crossing headers) or is used with- ating pressure (MAOP) calculated
in five pipe diameters in any direction under § 192.620, a segment must meet
from the last fitting of a fabricated as- the following additional design require-
sembly, other than a transition piece ments. Records for alternative MAOP
or an elbow used in place of a pipe bend must be maintained, for the useful life
which is not associated with a fab- of the pipeline, demonstrating compli-
ricated assembly. ance with these requirements:
To address this design issue: The pipeline segment must meet these additional requirements:
(a) General standards for the (1) The plate, skelp, or coil used for the pipe must be micro-alloyed, fine grain, fully killed, con-
steel pipe. tinuously cast steel with calcium treatment.
(2) The carbon equivalents of the steel used for pipe must not exceed 0.25 percent by weight,
as calculated by the Ito-Bessyo formula (Pcm formula) or 0.43 percent by weight, as cal-
culated by the International Institute of Welding (IIW) formula.
(3) The ratio of the specified outside diameter of the pipe to the specified wall thickness must
be less than 100. The wall thickness or other mitigative measures must prevent denting and
ovality anomalies during construction, strength testing and anticipated operational stresses.
(4) The pipe must be manufactured using API Spec 5L, product specification level 2 (incor-
porated by reference, see § 192.7) for maximum operating pressures and minimum and
maximum operating temperatures and other requirements under this section.
(b) Fracture control ................... (1) The toughness properties for pipe must address the potential for initiation, propagation and
arrest of fractures in accordance with:
(i) API Spec 5L (incorporated by reference, see § 192.7); or
(ii) American Society of Mechanical Engineers (ASME) B31.8 (incorporated by reference, see
§ 192.7); and
(iii) Any correction factors needed to address pipe grades, pressures, temperatures, or gas
compositions not expressly addressed in API Spec 5L , product specification level 2 or
ASME B31.8 (incorporated by reference, see § 192.7).
(2) Fracture control must:
(i) Ensure resistance to fracture initiation while addressing the full range of operating tempera-
tures, pressures, gas compositions, pipe grade and operating stress levels, including max-
imum pressures and minimum temperatures for shut-in conditions, that the pipeline is ex-
pected to experience. If these parameters change during operation of the pipeline such that
they are outside the bounds of what was considered in the design evaluation, the evaluation
must be reviewed and updated to assure continued resistance to fracture initiation over the
operating life of the pipeline;

(ii) Address adjustments to toughness of pipe for each grade used and the decompression be-
havior of the gas at operating parameters;
425
§ 192.112 49 CFR Ch. I (10–1–15 Edition)
(iii) Ensure at least 99 percent probability of fracture arrest within eight pipe lengths with a
probability of not less than 90 percent within five pipe lengths; and
(iv) Include fracture toughness testing that is equivalent to that described in supplementary re-
quirements SR5A, SR5B, and SR6 of API Specification 5L (incorporated by reference, see
§ 192.7) and ensures ductile fracture and arrest with the following exceptions:
(A) The results of the Charpy impact test prescribed in SR5A must indicate at least 80 percent
minimum shear area for any single test on each heat of steel; and
(B) The results of the drop weight test prescribed in SR6 must indicate 80 percent average
shear area with a minimum single test result of 60 percent shear area for any steel test
samples. The test results must ensure a ductile fracture and arrest.
(3) If it is not physically possible to achieve the pipeline toughness properties of paragraphs
(b)(1) and (2) of this section, additional design features, such as mechanical or composite
crack arrestors and/or heavier walled pipe of proper design and spacing, must be used to
ensure fracture arrest as described in paragraph (b)(2)(iii) of this section.
(c) Plate/coil quality control ...... (1) There must be an internal quality management program at all mills involved in producing
steel, plate, coil, skelp, and/or rolling pipe to be operated at alternative MAOP. These pro-
grams must be structured to eliminate or detect defects and inclusions affecting pipe quality.
(2) A mill inspection program or internal quality management program must include (i) and ei-
ther (ii) or (iii):
(i) An ultrasonic test of the ends and at least 35 percent of the surface of the plate/coil or pipe
to identify imperfections that impair serviceability such as laminations, cracks, and inclu-
sions. At least 95 percent of the lengths of pipe manufactured must be tested. For all pipe-
lines designed after December 22, 2008, the test must be done in accordance with ASTM
A578/A578M Level B, or API Spec 5L Paragraph 7.8.10 (incorporated by reference, see
§ 192.7) or equivalent method, and either
(ii) A macro etch test or other equivalent method to identify inclusions that may form centerline
segregation during the continuous casting process. Use of sulfur prints is not an equivalent
method. The test must be carried out on the first or second slab of each sequence graded
with an acceptance criteria of one or two on the Mannesmann scale or equivalent; or
(iii) A quality assurance monitoring program implemented by the operator that includes audits
of: (a) all steelmaking and casting facilities, (b) quality control plans and manufacturing pro-
cedure specifications, (c) equipment maintenance and records of conformance, (d) applica-
ble casting superheat and speeds, and (e) centerline segregation monitoring records to en-
sure mitigation of centerline segregation during the continuous casting process.
(d) Seam quality control ........... (1) There must be a quality assurance program for pipe seam welds to assure tensile strength
provided in API Spec 5L (incorporated by reference, see § 192.7) for appropriate grades.
(2) There must be a hardness test, using Vickers (Hv10) hardness test method or equivalent
test method, to assure a maximum hardness of 280 Vickers of the following:
(i) A cross section of the weld seam of one pipe from each heat plus one pipe from each
welding line per day; and
(ii) For each sample cross section, a minimum of 13 readings (three for each heat affected
zone, three in the weld metal, and two in each section of pipe base metal).
(3) All of the seams must be ultrasonically tested after cold expansion and mill hydrostatic
testing.
(e) Mill hydrostatic test ............. (1) All pipe to be used in a new pipeline segment installed after October 1, 2015, must be
hydrostatically tested at the mill at a test pressure corresponding to a hoop stress of 95 per-
cent SMYS for 10 seconds.
(2) Pipe in operation prior to December 22, 2008, must have been hydrostatically tested at the
mill at a test pressure corresponding to a hoop stress of 90 percent SMYS for 10 seconds.
(3) Pipe in operation on or after December 22, 2008, but before October 1, 2015, must have
been hydrostatically tested at the mill at a test pressure corresponding to a hoop stress of
95 percent SMYS for 10 seconds. The test pressure may include a combination of internal
test pressure and the allowance for end loading stresses imposed by the pipe mill hydro-
static testing equipment as allowed by ‘‘ANSI/API Spec 5L’’ (incorporated by reference, see
§ 192.7).
(f) Coating ................................. (1) The pipe must be protected against external corrosion by a non-shielding coating.
(2) Coating on pipe used for trenchless installation must be non-shielding and resist abrasions
and other damage possible during installation.
(3) A quality assurance inspection and testing program for the coating must cover the surface
quality of the bare pipe, surface cleanliness and chlorides, blast cleaning, application tem-
perature control, adhesion, cathodic disbondment, moisture permeation, bending, coating
thickness, holiday detection, and repair.
(g) Fittings and flanges ............. (1) There must be certification records of flanges, factory induction bends and factory weld
ells. Certification must address material properties such as chemistry, minimum yield
strength and minimum wall thickness to meet design conditions.
(2) If the carbon equivalents of flanges, bends and ells are greater than 0.42 percent by
weight, the qualified welding procedures must include a pre-heat procedure.
(3) Valves, flanges and fittings must be rated based upon the required specification rating
class for the alternative MAOP.
(h) Compressor stations ........... (1) A compressor station must be designed to limit the temperature of the nearest downstream
segment operating at alternative MAOP to a maximum of 120 degrees Fahrenheit (49 de-
grees Celsius) or the higher temperature allowed in paragraph (h)(2) of this section unless a
long-term coating integrity monitoring program is implemented in accordance with paragraph
(h)(3) of this section.
426
(2) If research, testing and field monitoring tests demonstrate that the coating type being used
will withstand a higher temperature in long-term operations, the compressor station may be
designed to limit downstream piping to that higher temperature. Test results and acceptance
criteria addressing coating adhesion, cathodic disbondment, and coating condition must be
provided to each PHMSA pipeline safety regional office where the pipeline is in service at
least 60 days prior to operating above 120 degrees Fahrenheit (49 degrees Celsius). An op-
erator must also notify a State pipeline safety authority when the pipeline is located in a
State where PHMSA has an interstate agent agreement, or an intrastate pipeline is regu-
lated by that State.
(3) Pipeline segments operating at alternative MAOP may operate at temperatures above 120
degrees Fahrenheit (49 degrees Celsius) if the operator implements a long-term coating in-
tegrity monitoring program. The monitoring program must include examinations using direct
current voltage gradient (DCVG), alternating current voltage gradient (ACVG), or an equiva-
lent method of monitoring coating integrity. An operator must specify the periodicity at which
these examinations occur and criteria for repairing identified indications. An operator must
submit its long-term coating integrity monitoring program to each PHMSA pipeline safety re-
gional office in which the pipeline is located for review before the pipeline segments may be
operated at temperatures in excess of 120 degrees Fahrenheit (49 degrees Celsius). An op-
erator must also notify a State pipeline safety authority when the pipeline is located in a
State where PHMSA has an interstate agent agreement, or an intrastate pipeline is regu-
lated by that State.
[73 FR 62175, Oct. 17, 2008, as amended by Amdt. 192–111, 74 FR 62505, Nov. 30, 2009; Amdt. 192–
119, 80 FR 180, Jan. 5, 2015; Amdt. 192–120, 80 FR 12777, Mar. 11, 2015]
§ 192.113 Longitudinal joint factor (E) for steel pipe.
The longitudinal joint factor to be determined in accordance with the fol-

used in the design formula in § 192.105 is 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
ASTM A 381 ............................ Double submerged arc welded ..................................................................... 1.00
ASTM A 671 ............................ Electric-fusion-welded .................................................................................... 1.00
API Spec 5L ............................ Seamless ....................................................................................................... 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 § 192.115 Temperature derating factor

be determined, the joint factor to be (T) for steel pipe.
used must not exceed that designated The temperature derating factor to
for ‘‘Other.’’ be used in the design formula in
[Amdt. 192–37, 46 FR 10159, Feb. 2, 1981, as § 192.105 is determined as follows:
amended by Amdt. 192–51, 51 FR 15335, Apr.
23, 1986; Amdt. 192–62, 54 FR 5627, Feb. 6, 1989; Gas temperature in degrees Temperature
Fahrenheit (Celsius) derating factor (T)
58 FR 14521, Mar. 18, 1993; Amdt. 192–85, 63 FR
37502, July 13, 1998; Amdt. 192–94, 69 FR 32894, 250 °F (121 °C) or less ........................... 1.000
June 14, 2004; Amdt. 192–119, 80 FR 180, Jan. 300 °F (149 °C) ....................................... 0.967
5, 2015] 350 °F (177 °C) ....................................... 0.933
400 °F (204 °C) ....................................... 0.900

450 °F (232 °C) ....................................... 0.867
427
§§ 192.117–192.119 49 CFR Ch. I (10–1–15 Edition)
For intermediate gas temperatures, the §§ 192.117–192.119 [Reserved]

derating factor is determined by inter-
polation. § 192.121 Design of plastic pipe.
[35 FR 13257, Aug. 19, 1970, as amended by Subject to the limitations of § 192.123,
Amdt. 192–85, 63 FR 37502, July 13, 1998] the design pressure for plastic pipe is
determined by either of the following
formulas:
t
P = 2S (DF)
(D − t)
2S
P= (DF)
(SDR − 1)
Where: (1) Distribution systems; or

P = Design pressure, gauge, psig (kPa). (2) Classes 3 and 4 locations.
S = For thermoplastic pipe, the HDB is de- (b) Plastic pipe may not be used
termined in accordance with the listed speci-
where operating temperatures of the
fication at a temperature equal to 73 °F (23
°C), 100 °F (38 °C), 120 °F (49 °C), or 140 °F (60 pipe will be:
°C). In the absence of an HDB established at (1) Below ¥20 °F (¥20 °C), or ¥40 °F
the specified temperature, the HDB of a (¥40 °C) if all pipe and pipeline compo-
higher temperature may be used in deter- nents whose operating temperature
mining a design pressure rating at the speci- will be below ¥29 °C (¥20 °F) have a
fied temperature by arithmetic interpolation temperature rating by the manufac-
using the procedure in Part D.2 of PPI TR–3/ turer consistent with that operating
2008, HDB/PDB/SDB/MRS Policies (incor-
porated by reference, see § 192.7). For rein-
temperature; or
forced thermosetting plastic pipe, 11,000 psig (2) Above the following applicable
(75,842 kPa). [Note: Arithmetic interpolation temperatures:
is not allowed for PA–11 pipe.] (i) For thermoplastic pipe, the tem-
t = Specified wall thickness, inches (mm). perature at which the HDB used in the
D = Specified outside diameter, inches (mm). design formula under § 192.121 is deter-
SDR = Standard dimension ratio, the ratio of mined.
the average specified outside diameter to the (ii) For reinforced thermosetting
minimum specified wall thickness, cor-
responding to a value from a common num-
plastic pipe, 150 °F (66 °C).
bering system that was derived from the (c) The wall thickness for thermo-
American National Standards Institute pre- plastic pipe may not be less than 0.062
ferred number series 10. inches (1.57 millimeters).
D F = 0.32 or (d) The wall thickness for reinforced
= 0.40 for PA–11 pipe produced after January thermosetting plastic pipe may not be
23, 2009 with a nominal pipe size (IPS or CTS)
less than that listed in the following
4-inch or less, and a SDR of 11 or greater (i.e.
thicker pipe wall). table:
[Amdt. 192–111, 74 FR 62505, Nov. 30, 2009, as Minimum
amended by Amdt. 192–114, 75 FR 48603, Aug. wall thick-
Nominal size in inches (millimeters). ness inches
11, 2010] (millime-
ters).
§ 192.123 Design limitations for plastic
pipe. 2 (51) ................................................................. 0.060 (1.52)
3 (76) ................................................................. 0.060 (1.52)
(a) Except as provided in paragraph 4 (102) ............................................................... 0.070 (1.78)
(e) and paragraph (f) of this section, 6 (152) ............................................................... 0.100 (2.54)
the design pressure may not exceed a

gauge pressure of 100 psig (689 kPa) for (e) The design pressure for thermo-
plastic pipe used in: plastic pipe produced after July 14, 2004
428
ER30NO09.008</MATH>
may exceed a gauge pressure of 100 psig erage hydrogen sulfide content of more
(689 kPa) provided that: than 0.3 grains/100 ft3 (6.9/m3) under
(1) The design pressure does not ex- standard conditions. Standard condi-
ceed 125 psig (862 kPa); tions refers to 60 °F and 14.7 psia (15.6
(2) The material is a polyethylene °C and one atmosphere) of gas.
(PE) pipe with the designation code as
specified within ASTM D2513–09a (in- Amdt. 192–62, 54 FR 5628, Feb. 6, 1989; Amdt.
corporated by reference, see § 192.7); 192–85, 63 FR 37502, July 13, 1998]
(3) The pipe size is nominal pipe size
(IPS) 12 or less; and
(4) The design pressure is determined Subpart D—Design of Pipeline
in accordance with the design equation Components
defined in § 192.121.
§ 192.141 Scope.
(f) The design pressure for poly-
amide-11 (PA–11) pipe produced after This subpart prescribes minimum re-
January 23, 2009 may exceed a gauge quirements for the design and installa-
pressure of 100 psig (689 kPa) provided tion of pipeline components and facili-
that: ties. In addition, it prescribes require-
(1) The design pressure does not ex- ments relating to protection against
ceed 200 psig (1379 kPa); accidental overpressuring.
(2) The pipe size is nominal pipe size
(IPS or CTS) 4-inch or less; and § 192.143 General requirements.
(3) The pipe has a standard dimension (a) Each component of a pipeline
ratio of SDR–11 or greater (i.e., thicker must be able to withstand operating
pipe wall). pressures and other anticipated load-
ings without impairment of its service-
Amdt. 192–31, 43 FR 13883, Apr. 3, 1978; Amdt. ability with unit stresses equivalent to
192–78, 61 FR 28783, June 6, 1996; Amdt. 192–85, those allowed for comparable material
63 FR 37502, July 13, 1998; Amdt. 192–93, 68 FR in pipe in the same location and kind
53900, Sept. 15, 2003; 69 FR 32894, June 14, 2004; of service. However, if design based
Amdt. 192–94, 69 FR 54592, Sept. 9, 2004; Amdt. upon unit stresses is impractical for a
192–103, 71 FR 33407, June 9, 2006; 73 FR 79005, particular component, design may be
Dec. 24, 2008; Amdt. 192–114, 75 FR 48603, Aug. based upon a pressure rating estab-
11, 2010; Amdt. 192–119, 80 FR 181, Jan. 5, 2015]
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) § 192.144 Qualifying metallic compo-
size inch O.D. inch
(millimeter) (millimeter) Nominal Tolerance nents.
⁄
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
429
§ 192.145 49 CFR Ch. I (10–1–15 Edition)
(b) The edition of the document nents made of ductile iron may be used
under which the component was manu- at pressures up to 80 percent of the
factured has equal or more stringent pressure ratings for comparable steel
requirements for the following as an valves at their listed temperature, if:
edition of that document currently or (1) The temperature-adjusted service
previously listed in § 192.7 or appendix pressure does not exceed 1,000 p.s.i. (7
B of this part: Mpa) gage; and
(1) Pressure testing; (2) Welding is not used on any ductile
(2) Materials; and iron component in the fabrication of
(3) Pressure and temperature ratings. the valve shells or their assembly.
[Amdt. 192–45, 48 FR 30639, July 5, 1983, as (e) No valve having shell (body, bon-
amended by Amdt. 192–94, 69 FR 32894, June net, cover, and/or end flange) compo-
14, 2004] nents made of cast iron, malleable
iron, or ductile iron may be used in the
§ 192.145 Valves. gas pipe components of compressor sta-
(a) Except for cast iron and plastic tions.
valves, each valve must meet the min-
imum requirements of ANSI/API Spec
Amdt. 192–62, 54 FR 5628, Feb. 6, 1989; Amdt.
6D (incorporated by reference, see 192–85, 63 FR 37502, July 13, 1998; Amdt. 192–
§ 192.7), or to a national or inter- 94, 69 FR 32894, June 14, 2004; Amdt. 192–114,
national standard that provides an 75 FR 48603, Aug. 11, 2010; Amdt. 192–119, 80
equivalent performance level. A valve FR 181, Jan. 5, 2015]
may not be used under operating condi-
tions that exceed the applicable pres- § 192.147 Flanges and flange acces-
sure-temperature ratings contained in sories.
those requirements. (a) Each flange or flange accessory
(b) Each cast iron and plastic valve (other than cast iron) must meet the
must comply with the following: minimum requirements of ASME/ANSI
(1) The valve must have a maximum B 16.5 and MSS SP–44 (incorporated by
service pressure rating for tempera- reference, see § 192.7), or the equivalent.
tures that equal or exceed the max- (b) Each flange assembly must be
imum service temperature. able to withstand the maximum pres-
(2) The valve must be tested as part sure at which the pipeline is to be oper-
of the manufacturing, as follows: ated and to maintain its physical and
(i) With the valve in the fully open chemical properties at any tempera-
position, the shell must be tested with ture to which it is anticipated that it
no leakage to a pressure at least 1.5 might be subjected in service.
times the maximum service rating. (c) Each flange on a flanged joint in
(ii) After the shell test, the seat must cast iron pipe must conform in dimen-
be tested to a pressure not less than 1.5 sions, drilling, face and gasket design
times the maximum service pressure to ASME/ANSI B16.1 (incorporated by
rating. Except for swing check valves, reference, see § 192.7)and be cast inte-
test pressure during the seat test must grally with the pipe, valve, or fitting.
be applied successively on each side of
the closed valve with the opposite side [35 FR 13257, Aug. 19, 1970, as amended by
open. No visible leakage is permitted. Amdt. 192–62, 54 FR 5628, Feb. 6, 1989; 58 FR
(iii) After the last pressure test is 14521, Mar. 18, 1993; Amdt. 192–119, 80 FR 181,
completed, the valve must be operated Jan. 5, 2015]
through its full travel to demonstrate
§ 192.149 Standard fittings.
freedom from interference.
(c) Each valve must be able to meet (a) The minimum metal thickness of
the anticipated operating conditions. threaded fittings may not be less than
(d) No valve having shell (body, bon- specified for the pressures and tem-
net, cover, and/or end flange) compo- peratures in the applicable standards
nents made of ductile iron may be used referenced in this part, or their equiva-
at pressures exceeding 80 percent of the lent.
pressure ratings for comparable steel (b) Each steel butt-welding fitting
valves at their listed temperature. must have pressure and temperature
However, a valve having shell compo- ratings based on stresses for pipe of the
430
same or equivalent material. The ac- cable to design and construct to ac-
tual bursting strength of the fitting commodate the passage of instru-
must at least equal the computed mented internal inspection devices.
bursting strength of pipe of the des- (c) An operator encountering emer-
ignated material and wall thickness, as gencies, construction time constraints
determined by a prototype that was or other unforeseen construction prob-
tested to at least the pressure required lems need not construct a new or re-
for the pipeline to which it is being placement segment of a transmission
added. line to meet paragraph (a) of this sec-
tion, if the operator determines and
§ 192.150 Passage of internal inspec- documents why an impracticability
tion devices. prohibits compliance with paragraph
(a) Except as provided in paragraphs (a) of this section. Within 30 days after
(b) and (c) of this section, each new discovering the emergency or construc-
transmission line and each replace- tion problem the operator must peti-
ment of line pipe, valve, fitting, or tion, under § 190.9 of this chapter, for
other line component in a transmission approval that design and construction
line must be designed and constructed to accommodate passage of instru-
to accommodate the passage of instrumented internal inspection devices
mented internal inspection devices. would be impracticable. If the petition
(b) This section does not apply to: (1) is denied, within 1 year after the date
Manifolds; of the notice of the denial, the operator
(2) Station piping such as at com- must modify that segment to allow
pressor stations, meter stations, or passage of instrumented internal in-
regulator stations; spection devices.
(3) Piping associated with storage fa-
[Amdt. 192–72, 59 FR 17281, Apr. 12, 1994, as
cilities, other than a continuous run of
amended by Amdt. 192–85, 63 FR 37502, July
transmission line between a com- 13, 1998; Amdt. 192–97, 69 FR 36029, June 28,
pressor station and storage facilities; 2004]
(4) Cross-overs;
(5) Sizes of pipe for which an instru- § 192.151 Tapping.
mented internal inspection device is
(a) Each mechanical fitting used to
not commercially available;
make a hot tap must be designed for at
(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
unless— (c) Where a threaded tap is made in
(i) Platform space or configuration is cast iron or ductile iron pipe, the di-
incompatible with launching or re- ameter of the tapped hole may not be
trieving instrumented internal inspec- more than 25 percent of the nominal di-
tion devices; or ameter of the pipe unless the pipe is re-
(ii) If the design includes taps for lat- inforced, except that
eral connections, the operator can (1) Existing taps may be used for re-
demonstrate, based on investigation or placement service, if they are free of
experience, that there is no reasonably cracks and have good threads; and
practical alternative under the design (2) A 11⁄4-inch (32 millimeters) tap
circumstances to the use of a tap that may be made in a 4-inch (102 millime-
will obstruct the passage of instru- ters) cast iron or ductile iron pipe,
mented internal inspection devices; without reinforcement.
and However, in areas where climate, soil,
(8) Other piping that, under § 190.9 of and service conditions may create un-
this chapter, the Administrator finds usual external stresses on cast iron
in a particular case would be impracti- pipe, unreinforced taps may be used
431
§ 192.153 49 CFR Ch. I (10–1–15 Edition)
only on 6-inch (152 millimeters) or larg- must be tested to at least 1.5 times the
er pipe. MAOP.
[35 FR 13257, Aug. 19, 1970, as amended by [35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–85, 63 FR 37502, July 13, 1998] Amdt. 192–1, 35 FR 17660, Nov. 17, 1970; 58 FR
14521, Mar. 18, 1993; Amdt. 192–68, 58 FR 45268,
§ 192.153 Components fabricated by Aug. 27, 1993; Amdt. 192–85, 63 FR 37502, July
welding. 13, 1998; Amdt. 192–119, 80 FR 181, Jan. 5, 2015;
Amdt. 192–120, 80 FR 12778, Mar. 11, 2015;
(a) Except for branch connections Amdt. 192–119, 80 FR 46847, Aug. 6, 2015]
and assemblies of standard pipe and fit-
tings joined by circumferential welds, § 192.155 Welded branch connections.
the design pressure of each component Each welded branch connection made
fabricated by welding, whose strength to pipe in the form of a single connec-
cannot be determined, must be estab- tion, or in a header or manifold as a se-
lished in accordance with paragraph ries of connections, must be designed
UG–101 of the ASME Boiler and Pres- to ensure that the strength of the pipe-
sure Vessel Code (BPVC) (Section VIII, line system is not reduced, taking into
Division 1) (incorporated by reference, account the stresses in the remaining
see § 192.7). pipe wall due to the opening in the pipe
(b) Each prefabricated unit that uses or header, the shear stresses produced
plate and longitudinal seams must be by the pressure acting on the area of
designed, constructed, and tested in ac- the branch opening, and any external
loadings due to thermal movement,
cordance with section 1 of the ASME
weight, and vibration.
BPVC (Section VIII, Division 1 or Sec-
tion VIII, Division 2) (incorporated by § 192.157 Extruded outlets.
reference, see § 192.7), except for the fol-
Each extruded outlet must be suit-
lowing: able for anticipated service conditions
(1) Regularly manufactured butt- and must be at least equal to the de-
welding fittings. sign strength of the pipe and other fit-
(2) Pipe that has been produced and tings in the pipeline to which it is at-
tested under a specification listed in tached.
appendix B to this part.
(3) Partial assemblies such as split § 192.159 Flexibility.
rings or collars. Each pipeline must be designed with
(4) Prefabricated units that the man- enough flexibility to prevent thermal
ufacturer certifies have been tested to expansion or contraction from causing
at least twice the maximum pressure excessive stresses in the pipe or compo-
to which they will be subjected under nents, excessive bending or unusual
the anticipated operating conditions. loads at joints, or undesirable forces or
(c) Orange-peel bull plugs and or- moments at points of connection to
ange-peel swages may not be used on equipment, or at anchorage or guide
pipelines that are to operate at a hoop points.
stress of 20 percent or more of the § 192.161 Supports and anchors.
SMYS of the pipe.
(a) Each pipeline and its associated
(d) Except for flat closures designed
equipment must have enough anchors
in accordance with the ASME BPVC
or supports to:
(Section VIII, Division 1 or 2), flat clo- (1) Prevent undue strain on con-
sures and fish tails may not be used on nected equipment;
pipe that either operates at 100 p.s.i. (2) Resist longitudinal forces caused
(689 kPa) gage or more, or is more than by a bend or offset in the pipe; and
3 inches in (76 millimeters) nominal di- (3) Prevent or damp out excessive vi-
ameter. bration.
(e) A component having a design (b) Each exposed pipeline must have
pressure established in accordance with enough supports or anchors to protect
paragraph (a) or paragraph (b) of this the exposed pipe joints from the max-
section and subject to the strength imum end force caused by internal
testing requirements of § 192.505(b) pressure and any additional forces
432
caused by temperature expansion or building to allow the free movement of

contraction or by the weight of the fire-fighting equipment.
pipe and its contents. (b) Building construction. Each build-
(c) Each support or anchor on an ex- ing on a compressor station site must
posed pipeline must be made of dura- be made of noncombustible materials if
ble, noncombustible material and must it contains either—
be designed and installed as follows: (1) Pipe more than 2 inches (51 milli-
(1) Free expansion and contraction of meters) in diameter that is carrying
the pipeline between supports or an- gas under pressure; or
chors may not be restricted. (2) Gas handling equipment other
(2) Provision must be made for the than gas utilization equipment used for
service conditions involved. domestic purposes.
(3) Movement of the pipeline may not (c) Exits. Each operating floor of a
cause disengagement of the support main compressor building must have at
equipment. least two separated and unobstructed
(d) Each support on an exposed pipe- exits located so as to provide a conven-
line operated at a stress level of 50 per- ient possibility of escape and an unob-
cent or more of SMYS must comply structed passage to a place of safety.
with the following: Each door latch on an exit must be of
(1) A structural support may not be a type which can be readily opened
welded directly to the pipe. from the inside without a key. Each
(2) The support must be provided by a swinging door located in an exterior
member that completely encircles the wall must be mounted to swing out-
pipe. ward.
(3) If an encircling member is welded (d) Fenced areas. Each fence around a
to a pipe, the weld must be continuous compressor station must have at least
and cover the entire circumference. two gates located so as to provide a
(e) Each underground pipeline that is convenient opportunity for escape to a
connected to a relatively unyielding place of safety, or have other facilities
line or other fixed object must have affording a similarly convenient exit
enough flexibility to provide for pos- from the area. Each gate located with-
sible movement, or it must have an an- in 200 feet (61 meters) of any com-
chor that will limit the movement of pressor plant building must open out-
the pipeline. ward and, when occupied, must be
(f) Except for offshore pipelines, each openable from the inside without a
underground pipeline that is being con- key.
nected to new branches must have a (e) Electrical facilities. Electrical
firm foundation for both the header equipment and wiring installed in com-
and the branch to prevent detrimental pressor stations must conform to the
lateral and vertical movement. NFPA–70, so far as that code is applica-
[35 FR 13257, Aug. 19, 1970, as amended by ble.
Amdt. 192–58, 53 FR 1635, Jan. 21, 1988]
§ 192.163 Compressor stations: Design Amdt. 192–27, 41 FR 34605, Aug. 16, 1976;
and construction. Amdt. 192–37, 46 FR 10159, Feb. 2, 1981; 58 FR
14521, Mar. 18, 1993; Amdt. 192–85, 63 FR 37502,
(a) Location of compressor building. Ex- 37503, July 13, 1998; Amdt. 192–119, 80 FR 181,
cept for a compressor building on a Jan. 5, 2015]
platform located offshore or in inland
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:
433
§ 192.167 49 CFR Ch. I (10–1–15 Edition)
(1) Have a manually operable means available, the emergency shutdown

of removing these liquids. system must be designed so that it will
(2) Where slugs of liquid could be car- not function at the wrong time and
ried into the compressors, have either cause an unintended outage on the dis-
automatic liquid removal facilities, an tribution system.
automatic compressor shutdown de- (c) On a platform located offshore or
vice, or a high liquid level alarm; and in inland navigable waters, the emer-
(3) Be manufactured in accordance gency shutdown system must be de-
with section VIII ASME Boiler and signed and installed to actuate auto-
Pressure Vessel Code (BPVC) (incor- matically by each of the following
porated by reference, see § 192.7) and the events:
additional requirements of § 192.153(e) (1) In the case of an unattended com-
except that liquid separators con- pressor station:
structed of pipe and fittings without (i) When the gas pressure equals the
internal welding must be fabricated maximum allowable operating pressure
with a design factor of 0.4, or less. plus 15 percent; or
[35 FR 13257, Aug. 19, 1970, as amended by (ii) When an uncontrolled fire occurs
Amdt. 192–119, 80 FR 181, Jan. 5, 2015; Amdt. on the platform; and
192–120, 80 FR 12778, Mar. 11, 2015] (2) In the case of a compressor sta-
tion in a building:
§ 192.167 Compressor stations: Emer- (i) When an uncontrolled fire occurs
gency shutdown.
in the building; or
(a) Except for unattended field com- (ii) When the concentration of gas in
pressor stations of 1,000 horsepower (746 air reaches 50 percent or more of the
kilowatts) or less, each compressor sta- lower explosive limit in a building
tion must have an emergency shut- which has a source of ignition.
down system that meets the following:
For the purpose of paragraph (c)(2)(ii)
(1) It must be able to block gas out of
of this section, an electrical facility
the station and blow down the station
which conforms to Class 1, Group D, of
piping.
the National Electrical Code is not a
(2) It must discharge gas from the
source of ignition.
blowdown piping at a location where
the gas will not create a hazard. [35 FR 13257, Aug. 19, 1970, as amended by
(3) It must provide means for the Amdt. 192–27, 41 FR 34605, Aug. 16, 1976;
shutdown of gas compressing equip- Amdt. 192–85, 63 FR 37503, July 13, 1998]
ment, gas fires, and electrical facilities
§ 192.169 Compressor stations: Pres-
in the vicinity of gas headers and in sure limiting devices.
the compressor building, except that:
(i) Electrical circuits that supply (a) Each compressor station must
emergency lighting required to assist have pressure relief or other suitable
station personnel in evacuating the protective devices of sufficient capac-
compressor building and the area in ity and sensitivity to ensure that the
the vicinity of the gas headers must re- maximum allowable operating pressure
main energized; and of the station piping and equipment is
(ii) Electrical circuits needed to pro- not exceeded by more than 10 percent.
tect equipment from damage may re- (b) Each vent line that exhausts gas
main energized. from the pressure relief valves of a
(4) It must be operable from at least compressor station must extend to a
two locations, each of which is: location where the gas may be dis-
(i) Outside the gas area of the sta- charged without hazard.
tion;
(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.
434
(b) Each compressor station prime § 192.177 Additional provisions for bot-
mover, other than an electrical induc- tle-type holders.
tion or synchronous motor, must have (a) Each bottle-type holder must be—
an automatic device to shut down the (1) Located on a site entirely sur-
unit before the speed of either the rounded by fencing that prevents ac-
prime mover or the driven unit exceeds cess by unauthorized persons and with
a maximum safe speed. minimum clearance from the fence as
(c) Each compressor unit in a com- follows:
pressor station must have a shutdown
or alarm device that operates in the Minimum clear-
Maximum allowable operating pressure ance feet (me-
event of inadequate cooling or lubrica- ters)
tion of the unit.
(d) Each compressor station gas en- Less than 1,000 p.s.i. (7 MPa) gage ........... 25 (7.6)
1,000 p.s.i. (7 MPa) gage or more .............. 100 (31)
gine that operates with pressure gas in-
jection must be equipped so that stop-
(2) Designed using the design factors
page of the engine automatically shuts
set forth in § 192.111; and
off the fuel and vents the engine dis-
(3) Buried with a minimum cover in
tribution manifold.
accordance with § 192.327.
(e) Each muffler for a gas engine in a
(b) Each bottle-type holder manufac-
compressor station must have vent
tured from steel that is not weldable
slots or holes in the baffles of each
under field conditions must comply
compartment to prevent gas from
with the following:
being trapped in the muffler.
(1) A bottle-type holder made from
§ 192.173 Compressor stations: Ventila- alloy steel must meet the chemical and
tion. tensile requirements for the various
grades of steel in ASTM A372/372M (in-
Each compressor station building
corporated by reference, see § 192.7).
must be ventilated to ensure that em-
(2) The actual yield-tensile ratio of
ployees are not endangered by the ac-
the steel may not exceed 0.85.
cumulation of gas in rooms, sumps, at-
(3) Welding may not be performed on
tics, pits, or other enclosed places.
the holder after it has been heat treat-
§ 192.175 Pipe-type and bottle-type ed or stress relieved, except that cop-
holders. per wires may be attached to the small
diameter portion of the bottle end clo-
(a) Each pipe-type and bottle-type
sure for cathodic protection if a local-
holder must be designed so as to pre-
ized thermit welding process is used.
vent the accumulation of liquids in the
(4) The holder must be given a mill
holder, in connecting pipe, or in auxil-
hydrostatic test at a pressure that pro-
iary equipment, that might cause cor-
duces a hoop stress at least equal to 85
rosion or interfere with the safe oper-
percent of the SMYS.
ation of the holder.
(5) The holder, connection pipe, and
(b) Each pipe-type or bottle-type
components must be leak tested after
holder must have minimum clearance
installation as required by subpart J of
from other holders in accordance with
this part.
the following formula:
C = (D × P × F)/48.33) (C = (3D × P × F/ Amdt. 192–58, 53 FR 1635, Jan. 21, 1988; Amdt.
1,000)) 192–62, 54 FR 5628, Feb. 6, 1989; 58 FR 14521,
in which: Mar. 18, 1993; Amdt. 192–85, 63 FR 37503, July
13, 1998; Amdt. 192–119, 80 FR 181, Jan. 5, 2015]
C = Minimum clearance between pipe con-
tainers or bottles in inches (millimeters). § 192.179 Transmission line valves.
D = Outside diameter of pipe containers or
bottles in inches (millimeters). (a) Each transmission line, other
P = Maximum allowable operating pressure, than offshore segments, must have sec-
p.s.i. (kPa) gage. tionalizing block valves spaced as fol-
F = Design factor as set forth in § 192.111 of lows, unless in a particular case the
this part.
Administrator finds that alternative

[35 FR 13257, Aug. 19, 1970, as amended by spacing would provide an equivalent
Amdt. 192–85, 63 FR 37503, July 13, 1998] level of safety:
435
§ 192.181 49 CFR Ch. I (10–1–15 Edition)
(1) Each point on the pipeline in a from the regulator station sufficient to
Class 4 location must be within 21⁄2 permit the operation of the valve dur-
miles (4 kilometers)of a valve. ing an emergency that might preclude
(2) Each point on the pipeline in a access to the station.
Class 3 location must be within 4 miles (c) Each valve on a main installed for
(6.4 kilometers) of a valve. operating or emergency purposes must
(3) Each point on the pipeline in a comply with the following:
Class 2 location must be within 71⁄2 (1) The valve must be placed in a
miles (12 kilometers) of a valve.
readily accessible location so as to fa-
(4) Each point on the pipeline in a
cilitate its operation in an emergency.
Class 1 location must be within 10
miles (16 kilometers) of a valve. (2) The operating stem or mechanism
(b) Each sectionalizing block valve must be readily accessible.
on a transmission line, other than off- (3) If the valve is installed in a buried
shore segments, must comply with the box or enclosure, the box or enclosure
following: must be installed so as to avoid trans-
(1) The valve and the operating de- mitting external loads to the main.
vice to open or close the valve must be
readily accessible and protected from § 192.183 Vaults: Structural design re-
tampering and damage. quirements.
(2) The valve must be supported to (a) Each underground vault or pit for
prevent settling of the valve or move- valves, pressure relieving, pressure
ment of the pipe to which it is at- limiting, or pressure regulating sta-
tached. tions, must be able to meet the loads
(c) Each section of a transmission which may be imposed upon it, and to
line, other than offshore segments, be- protect installed equipment.
tween main line valves must have a
(b) There must be enough working
blowdown valve with enough capacity
to allow the transmission line to be space so that all of the equipment re-
blown down as rapidly as practicable. quired in the vault or pit can be prop-
Each blowdown discharge must be lo- erly installed, operated, and main-
cated so the gas can be blown to the attained.
mosphere without hazard and, if the (c) Each pipe entering, or within, a
transmission line is adjacent to an regulator vault or pit must be steel for
overhead electric line, so that the gas sizes 10 inch (254 millimeters), and less,
is directed away from the electrical except that control and gage piping
conductors. may be copper. Where pipe extends
(d) Offshore segments of transmission through the vault or pit structure, pro-
lines must be equipped with valves or vision must be made to prevent the
other components to shut off the flow passage of gases or liquids through the
of gas to an offshore platform in an opening and to avert strains in the
emergency. pipe.
[35 FR 13257, Aug. 19, 1970, as amended by [35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–27, 41 FR 34606, Aug. 16, 1976; Amdt. 192–85, 63 FR 37503, July 13, 1998]
Amdt. 192–78, 61 FR 28784, June 6, 1996; Amdt.
192–85, 63 FR 37503, July 13, 1998]
§ 192.185 Vaults: Accessibility.
§ 192.181 Distribution line valves. Each vault must be located in an ac-
(a) Each high-pressure distribution cessible location and, so far as prac-
system must have valves spaced so as tical, away from:
to reduce the time to shut down a sec- (a) Street intersections or points
tion of main in an emergency. The where traffic is heavy or dense;
valve spacing is determined by the op- (b) Points of minimum elevation,
erating pressure, the size of the mains, catch basins, or places where the ac-
and the local physical conditions. cess cover will be in the course of sur-
(b) Each regulator station control- face waters; and
ling the flow or pressure of gas in a dis- (c) Water, electric, steam, or other
tribution system must have a valve in- facilities.
stalled on the inlet piping at a distance
436
§ 192.187 Vaults: Sealing, venting, and quirements of Class 1, Group D, of the

ventilation. National Electrical Code, NFPA–70 (in-
Each underground vault or closed top corporated by reference, see § 192.7).
pit containing either a pressure regu- [35 FR 13257, Aug. 19, 1970, as amended by
lating or reducing station, or a pres- Amdt. 192–76, 61 FR 26122, May 24, 1996; Amdt.
sure limiting or relieving station, must 192–119, 80 FR 181, Jan. 5, 2015]
be sealed, vented or ventilated as fol-
lows: § 192.191 Design pressure of plastic fit-
(a) When the internal volume exceeds tings.
200 cubic feet (5.7 cubic meters): (a) Thermosetting fittings for plastic
(1) The vault or pit must be venti- pipe must conform to ASTM D 2517,
lated with two ducts, each having at (incorporated by reference, see § 192.7).
least the ventilating effect of a pipe 4 (b) Thermoplastic fittings for plastic
inches (102 millimeters) in diameter; pipe must conform to ASTM D2513–99
(2) The ventilation must be enough to for plastic materials other than poly-
minimize the formation of combustible ethylene or ASTM D2513–09a for poly-
atmosphere in the vault or pit; and ethylene plastic materials.
(3) The ducts must be high enough [Amdt. 192–114, 75 FR 48603, Aug. 11, 2010, as
above grade to disperse any gas-air amended by Amdt. 192–119, 80 FR 181, Jan. 5,
mixtures that might be discharged. 2015]
(b) When the internal volume is more
than 75 cubic feet (2.1 cubic meters) but § 192.193 Valve installation in plastic
less than 200 cubic feet (5.7 cubic me- pipe.
ters): Each valve installed in plastic pipe
(1) If the vault or pit is sealed, each must be designed so as to protect the
opening must have a tight fitting cover plastic material against excessive tor-
without open holes through which an sional or shearing loads when the valve
explosive mixture might be ignited, or shutoff is operated, and from any
and there must be a means for testing other secondary stresses that might be
the internal atmosphere before remov- exerted through the valve or its enclo-
ing the cover; sure.
(2) If the vault or pit is vented, there
must be a means of preventing external § 192.195 Protection against accidental
sources of ignition from reaching the overpressuring.
vault atmosphere; or (a) General requirements. Except as
(3) If the vault or pit is ventilated, provided in § 192.197, each pipeline that
paragraph (a) or (c) of this section ap- is connected to a gas source so that the
plies. maximum allowable operating pressure
(c) If a vault or pit covered by para- could be exceeded as the result of pres-
graph (b) of this section is ventilated sure control failure or of some other
by openings in the covers or gratings type of failure, must have pressure re-
and the ratio of the internal volume, in lieving or pressure limiting devices
cubic feet, to the effective ventilating that meet the requirements of §§ 192.199
area of the cover or grating, in square and 192.201.
feet, is less than 20 to 1, no additional (b) Additional requirements for distribu-
ventilation is required. tion systems. Each distribution system
[35 FR 13257, Aug. 19, 1970, as amended by that is supplied from a source of gas
Amdt. 192–85, 63 FR 37503, July 13, 1998] that is at a higher pressure than the
maximum allowable operating pressure
§ 192.189 Vaults: Drainage and water- for the system must—
proofing. (1) Have pressure regulation devices
(a) Each vault must be designed so as capable of meeting the pressure, load,
to minimize the entrance of water. and other service conditions that will
(b) A vault containing gas piping be experienced in normal operation of
may not be connected by means of a the system, and that could be activated
drain connection to any other under- in the event of failure of some portion
ground structure. of the system; and

(c) Electrical equipment in vaults (2) Be designed so as to prevent acci-
must conform to the applicable re- dental overpressuring.
437
§ 192.197 49 CFR Ch. I (10–1–15 Edition)
§ 192.197 Control of the pressure of gas ulator. The upstream regulator may
delivered from high-pressure dis- not be set to maintain a pressure high-
tribution systems. er than 60 p.s.i. (414 kPa) gage. A device
(a) If the maximum actual operating must be installed between the up-
pressure of the distribution system is stream regulator and the service regu-
60 p.s.i. (414 kPa) gage, or less and a lator to limit the pressure on the inlet
service regulator having the following of the service regulator to 60 p.s.i. (414
characteristics is used, no other pres- kPa) gage or less in case the upstream
sure limiting device is required: regulator fails to function properly.
(1) A regulator capable of reducing This device may be either a relief valve
distribution line pressure to pressures or an automatic shutoff that shuts, if
recommended for household appliances. the pressure on the inlet of the service
(2) A single port valve with proper regulator exceeds the set pressure (60
orifice for the maximum gas pressure p.s.i. (414 kPa) gage or less), and re-
at the regulator inlet. mains closed until manually reset.
(3) A valve seat made of resilient ma- (2) A service regulator and a moni-
terial designed to withstand abrasion
toring regulator set to limit, to a max-
of the gas, impurities in gas, cutting by
imum safe value, the pressure of the
the valve, and to resist permanent de-
gas delivered to the customer.
formation when it is pressed against
the valve port. (3) A service regulator with a relief
(4) Pipe connections to the regulator valve vented to the outside atmos-
not exceeding 2 inches (51 millimeters) phere, with the relief valve set to open
in diameter. so that the pressure of gas going to the
(5) A regulator that, under normal customer does not exceed a maximum
operating conditions, is able to regu- safe value. The relief valve may either
late the downstream pressure within be built into the service regulator or it
the necessary limits of accuracy and to may be a separate unit installed down-
limit the build-up of pressure under no- stream from the service regulator. This
flow conditions to prevent a pressure combination may be used alone only in
that would cause the unsafe operation those cases where the inlet pressure on
of any connected and properly adjusted the service regulator does not exceed
gas utilization equipment. the manufacturer’s safe working pres-
(6) A self-contained service regulator sure rating of the service regulator,
with no external static or control lines. and may not be used where the inlet
(b) If the maximum actual operating pressure on the service regulator ex-
pressure of the distribution system is ceeds 125 p.s.i. (862 kPa) gage. For high-
60 p.s.i. (414 kPa) gage, or less, and a er inlet pressures, the methods in para-
service regulator that does not have all graph (c) (1) or (2) of this section must
of the characteristics listed in para- be used.
graph (a) of this section is used, or if (4) A service regulator and an auto-
the gas contains materials that seri- matic shutoff device that closes upon a
ously interfere with the operation of rise in pressure downstream from the
service regulators, there must be suit- regulator and remains closed until
able protective devices to prevent un- manually reset.
safe overpressuring of the customer’s
appliances if the service regulator [35 FR 13257, Aug. 19, 1970, as amended by
fails. Amdt. 192–1, 35 FR 17660, Nov. 7, 1970; Amdt.
(c) If the maximum actual operating 192–85, 63 FR 37503, July 13, 1998; Amdt. 192–
93, 68 FR 53900, Sept. 15, 2003]
pressure of the distribution system ex-
ceeds 60 p.s.i. (414 kPa) gage, one of the
§ 192.199 Requirements for design of
following methods must be used to reg- pressure relief and limiting devices.
ulate and limit, to the maximum safe
value, the pressure of gas delivered to Except for rupture discs, each pres-
the customer: sure relief or pressure limiting device
(1) A service regulator having the must:
characteristics listed in paragraph (a) (a) Be constructed of materials such

of this section, and another regulator that the operation of the device will
located upstream from the service reg- not be impaired by corrosion;
438
(b) Have valves and valve seats that (i) If the maximum allowable oper-
are designed not to stick in a position ating pressure is 60 p.s.i. (414 kPa) gage
that will make the device inoperative; or more, the pressure may not exceed
(c) Be designed and installed so that the maximum allowable operating
it can be readily operated to determine pressure plus 10 percent, or the pres-
if the valve is free, can be tested to de- sure that produces a hoop stress of 75
termine the pressure at which it will percent of SMYS, whichever is lower;
operate, and can be tested for leakage (ii) If the maximum allowable oper-
when in the closed position; ating pressure is 12 p.s.i. (83 kPa) gage
(d) Have support made of noncombus- or more, but less than 60 p.s.i. (414 kPa)
tible material; gage, the pressure may not exceed the
(e) Have discharge stacks, vents, or maximum allowable operating pressure
outlet ports designed to prevent accu- plus 6 p.s.i. (41 kPa) gage; or
mulation of water, ice, or snow, located (iii) If the maximum allowable oper-
where gas can be discharged into the ating pressure is less than 12 p.s.i. (83
atmosphere without undue hazard; kPa) gage, the pressure may not exceed
(f) Be designed and installed so that the maximum allowable operating
the size of the openings, pipe, and fit- pressure plus 50 percent.
tings located between the system to be (b) When more than one pressure reg-
protected and the pressure relieving de- ulating or compressor station feeds
vice, and the size of the vent line, are into a pipeline, relief valves or other
adequate to prevent hammering of the protective devices must be installed at
valve and to prevent impairment of re- each station to ensure that the com-
lief capacity; plete failure of the largest capacity
(g) Where installed at a district regu- regulator or compressor, or any single
lator station to protect a pipeline sys- run of lesser capacity regulators or
tem from overpressuring, be designed compressors in that station, will not
and installed to prevent any single in- impose pressures on any part of the
cident such as an explosion in a vault pipeline or distribution system in ex-
or damage by a vehicle from affecting cess of those for which it was designed,
the operation of both the overpressure or against which it was protected,
protective device and the district regu- whichever is lower.
lator; and (c) Relief valves or other pressure
(h) Except for a valve that will iso- limiting devices must be installed at or
late the system under protection from near each regulator station in a low-
its source of pressure, be designed to pressure distribution system, with a
prevent unauthorized operation of any capacity to limit the maximum pres-
stop valve that will make the pressure sure in the main to a pressure that will
relief valve or pressure limiting device not exceed the safe operating pressure
inoperative. for any connected and properly ad-
justed gas utilization equipment.
Amdt. 192–1, 35 FR 17660, Nov. 17, 1970] [35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–9, 37 FR 20827, Oct. 4, 1972; Amdt.
§ 192.201 Required capacity of pres- 192–85, 63 FR 37503, July 13, 1998]
sure relieving and limiting stations.
(a) Each pressure relief station or § 192.203 Instrument, control, and sam-
pressure limiting station or group of pling pipe and components.
those stations installed to protect a (a) Applicability. This section applies
pipeline must have enough capacity, to the design of instrument, control,
and must be set to operate, to insure and sampling pipe and components. It
the following: does not apply to permanently closed
(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:
439
§ 192.221 49 CFR Ch. I (10–1–15 Edition)
(1) Each takeoff connection and at- (b) This subpart does not apply to
taching boss, fitting, or adapter must welding that occurs during the manu-
be made of suitable material, be able to facture of steel pipe or steel pipeline
withstand the maximum service pres- components.
sure and temperature of the pipe or
equipment to which it is attached, and § 192.225 Welding procedures.
be designed to satisfactorily withstand
(a) Welding must be performed by a
all stresses without failure by fatigue.
qualified welder or welding operator in
(2) Except for takeoff lines that can
be isolated from sources of pressure by accordance with welding procedures
other valving, a shutoff valve must be qualified under section 5, section 12, or
installed in each takeoff line as near as Appendix A of API Std 1104 (incor-
practicable to the point of takeoff. porated by reference, see § 192.7) or sec-
Blowdown valves must be installed tion IX ASME Boiler and Pressure Ves-
where necessary. sel Code (BPVC) (incorporated by ref-
(3) Brass or copper material may not erence, see § 192.7), to produce welds
be used for metal temperatures greater which meet the requirements of this
than 400 °F (204 °C). subpart. The quality of the test welds
(4) Pipe or components that may con- used to qualify welding procedures
tain liquids must be protected by heat- must be determined by destructive
ing or other means from damage due to testing in accordance with the ref-
freezing. erenced welding standard(s).
(5) Pipe or components in which liq- (b) Each welding procedure must be
uids may accumulate must have drains recorded in detail, including the results
or drips. of the qualifying tests. This record
(6) Pipe or components subject to must be retained and followed when-
clogging from solids or deposits must ever the procedure is used.
have suitable connections for cleaning.
(7) The arrangement of pipe, compo- [Amdt. 192–52, 51 FR 20297, June 4, 1986;
nents, and supports must provide safe- Amdt. 192–94, 69 FR 32894, June 14, 2004;
ty under anticipated operating Amdt. 192–119, 80 FR 181, Jan. 5, 2015; Amdt.
stresses. 192–120, 80 FR 12778, Mar. 11, 2015]
(8) Each joint between sections of
§ 192.227 Qualification of welders and
pipe, and between pipe and valves or welding operators.
fittings, must be made in a manner
suitable for the anticipated pressure (a) Except as provided in paragraph
and temperature condition. Slip type (b) of this section, each welder or weld-
expansion joints may not be used. Ex- ing operator must be qualified in ac-
pansion must be allowed for by pro- cordance with section 6, section 12, or
viding flexibility within the system Appendix A of API Std 1104 (incor-
itself. porated by reference, see § 192.7), or sec-
(9) Each control line must be pro- tion IX of ASME Boiler and Pressure
tected from anticipated causes of dam- Vessel Code (BPVC) (incorporated by
age and must be designed and installed reference, see § 192.7). However, a welder
to prevent damage to any one control or welding operator qualified under an
line from making both the regulator earlier edition than the edition listed
and the over-pressure protective device in § 192.7 may weld but may not re-
inoperative. qualify under that earlier edition.
[35 FR 13257, Aug. 19, 1970, as amended by (b) A welder may qualify to perform
Amdt. 192–78, 61 FR 28784, June 6, 1996; Amdt. welding on pipe to be operated at a
192–85, 63 FR 37503, July 13, 1998] pressure that produces a hoop stress of
less than 20 percent of SMYS by per-
Subpart E—Welding of Steel in forming an acceptable test weld, for
Pipelines the process to be used, under the test
set forth in section I of Appendix C of
§ 192.221 Scope. this part. Each welder who is to make
(a) This subpart prescribes minimum a welded service line connection to a

requirements for welding steel mate- main must first perform an acceptable
rials in pipelines. test weld under section II of Appendix
440
C of this part as a requirement of the (i) A production weld cut out, tested,
qualifying test. and found acceptable in accordance
[Amdt. 192–120, 80 FR 12778, Mar. 11, 2015]
with the qualifying test; or
(ii) For a welder who works only on
§ 192.229 Limitations on welders and service lines 2 inches (51 millimeters)
welding operators. or smaller in diameter, the welder has
(a) No welder or welding operator had two sample welds tested and found
whose qualification is based on non- acceptable in accordance with the test
destructive testing may weld com- in section III of Appendix C of this
pressor station pipe and components. part.
(b) A welder or welding operator may [Amdt. 192–120, 80 FR 12778, Mar. 11, 2015]
not weld with a particular welding
process unless, within the preceding 6 § 192.231 Protection from weather.
calendar months, the welder or welding The welding operation must be pro-
operator was engaged in welding with tected from weather conditions that
that process. would impair the quality of the com-
(c) A welder or welding operator pleted weld.
qualified under § 192.227(a)—
(1) May not weld on pipe to be oper- § 192.233 Miter joints.
ated at a pressure that produces a hoop
stress of 20 percent or more of SMYS (a) A miter joint on steel pipe to be
unless within the preceding 6 calendar operated at a pressure that produces a
months the welder or welding operator hoop stress of 30 percent or more of
has had one weld tested and found ac- SMYS may not deflect the pipe more
ceptable under either section 6, section than 3°.
9, section 12 or Appendix A of API Std (b) A miter joint on steel pipe to be
1104 (incorporated by reference, see operated at a pressure that produces a
§ 192.7). Alternatively, welders or weld- hoop stress of less than 30 percent, but
ing operators may maintain an ongoing more than 10 percent, of SMYS may
qualification status by performing not deflect the pipe more than 121⁄2° and
welds tested and found acceptable must be a distance equal to one pipe di-
under the above acceptance criteria at ameter or more away from any other
least twice each calendar year, but at miter joint, as measured from the
intervals not exceeding 71⁄2 months. A crotch of each joint.
welder or welding operator qualified (c) A miter joint on steel pipe to be
under an earlier edition of a standard operated at a pressure that produces a
listed in § 192.7 of this part may weld, hoop stress of 10 percent or less of
but may not re-qualify under that ear- SMYS may not deflect the pipe more
lier edition; and, than 90°.
(2) May not weld on pipe to be oper-
§ 192.235 Preparation for welding.
ated at a pressure that produces a hoop
stress of less than 20 percent of SMYS Before beginning any welding, the
unless the welder or welding operator welding surfaces must be clean and free
is tested in accordance with paragraph of any material that may be detri-
(c)(1) of this section or re-qualifies mental to the weld, and the pipe or
under paragraph (d)(1) or (d)(2) of this component must be aligned to provide
section. the most favorable condition for depos-
(d) A welder or welding operator iting the root bead. This alignment
qualified under § 192.227(b) may not must be preserved while the root bead
weld unless— is being deposited.
(1) Within the preceding 15 calendar
months, but at least once each cal- § 192.241 Inspection and test of welds.
endar year, the welder or welding oper- (a) Visual inspection of welding must
ator has re-qualified under § 192.227(b); be conducted by an individual qualified
or by appropriate training and experience
(2) Within the preceding 71⁄2 calendar to ensure that:
months, but at least twice each cal- (1) The welding is performed in ac-
endar year, the welder or welding oper- cordance with the welding procedure;
ator has had— and
441
§ 192.243 49 CFR Ch. I (10–1–15 Edition)
(2) The weld is acceptable under para- ator, must be nondestructively tested
graph (c) of this section. over their entire circumference:
(b) The welds on a pipeline to be op- (1) In Class 1 locations, except off-
erated at a pressure that produces a shore, at least 10 percent.
hoop stress of 20 percent or more of (2) In Class 2 locations, at least 15
SMYS must be nondestructively tested percent.
in accordance with § 192.243, except that (3) In Class 3 and Class 4 locations, at
welds that are visually inspected and crossings of major or navigable rivers,
approved by a qualified welding inspec- offshore, and within railroad or public
tor need not be nondestructively tested highway rights-of-way, including tun-
if: nels, bridges, and overhead road cross-
(1) The pipe has a nominal diameter ings, 100 percent unless impracticable,
of less than 6 inches (152 millimeters); in which case at least 90 percent. Non-
or destructive testing must be impracti-
(2) The pipeline is to be operated at a cable for each girth weld not tested.
pressure that produces a hoop stress of (4) At pipeline tie-ins, including tie-
less than 40 percent of SMYS and the ins of replacement sections, 100 per-
welds are so limited in number that cent.
nondestructive testing is impractical. (e) Except for a welder or welding op-
erator whose work is isolated from the
(c) The acceptability of a weld that is
principal welding activity, a sample of
nondestructively tested or visually in-
each welder or welding operator’s work
spected is determined according to the
for each day must be nondestructively
standards in section 9 or Appendix A of
tested, when nondestructive testing is
API Std 1104 (incorporated by ref-
required under § 192.241(b).
erence, see § 192.7). Appendix A of API
(f) When nondestructive testing is re-
Std 1104 may not be used to accept
quired under § 192.241(b), each operator
cracks.
must retain, for the life of the pipeline,
[35 FR 13257, Aug. 19, 1970, as amended by a record showing by milepost, engi-
Amdt. 192–37, 46 FR 10160, Feb. 2, 1981; Amdt. neering station, or by geographic fea-
192–78, 61 FR 28784, June 6, 1996; Amdt. 192–85, ture, the number of girth welds made,
63 FR 37503, July 13, 1998; Amdt. 192–94, 69 FR the number nondestructively tested,
32894, June 14, 2004; Amdt. 192–119, 80 FR 181,
the number rejected, and the disposi-
Jan. 5, 2015; Amdt. 192–120, 80 FR 12778, Mar.
11, 2015] tion of the rejects.
§ 192.243 Nondestructive testing. Amdt. 192–27, 41 FR 34606, Aug. 16, 1976;
Amdt. 192–50, 50 FR 37192, Sept. 12, 1985;
(a) Nondestructive testing of welds
Amdt. 192–78, 61 FR 28784, June 6, 1996; Amdt.
must be performed by any process, 192–120, 80 FR 12779, Mar. 11, 2015]
other than trepanning, that will clear-
ly indicate defects that may affect the § 192.245 Repair or removal of defects.
integrity of the weld.
(a) Each weld that is unacceptable
(b) Nondestructive testing of welds under § 192.241(c) must be removed or
must be performed: repaired. Except for welds on an off-
(1) In accordance with written proce- shore pipeline being installed from a
dures; and pipeline vessel, a weld must be re-
(2) By persons who have been trained moved if it has a crack that is more
and qualified in the established proce- than 8 percent of the weld length.
dures and with the equipment em- (b) Each weld that is repaired must
ployed in testing. have the defect removed down to sound
(c) Procedures must be established metal and the segment to be repaired
for the proper interpretation of each must be preheated if conditions exist
nondestructive test of a weld to ensure which would adversely affect the qual-
the acceptability of the weld under ity of the weld repair. After repair, the
§ 192.241(c). segment of the weld that was repaired
(d) When nondestructive testing is re- must be inspected to ensure its accept-
quired under § 192.241(b), the following ability.

percentages of each day’s field butt (c) Repair of a crack, or of any defect
welds, selected at random by the oper- in a previously repaired area must be
442
in accordance with written weld repair (b) Ductile iron pipe may not be
procedures that have been qualified joined by brazing.
under § 192.225. Repair procedures must
provide that the minimum mechanical Amdt. 192–62, 54 FR 5628, Feb. 6, 1989]
properties specified for the welding
procedure used to make the original § 192.279 Copper pipe.
weld are met upon completion of the
final weld repair. Copper pipe may not be threaded ex-
cept that copper pipe used for joining
[Amdt. 192–46, 48 FR 48674, Oct. 20, 1983] screw fittings or valves may be thread-
ed if the wall thickness is equivalent to
Subpart F—Joining of Materials the comparable size of Schedule 40 or
Other Than by Welding heavier wall pipe listed in Table C1 of
ASME/ANSI B16.5.
§ 192.271 Scope. [Amdt. 192–62, 54 FR 5628, Feb. 6, 1989, as
(a) This subpart prescribes minimum amended at 58 FR 14521, Mar. 18, 1993]
requirements for joining materials in
pipelines, other than by welding. § 192.281 Plastic pipe.
(b) This subpart does not apply to (a) General. A plastic pipe joint that
joining during the manufacture of pipe is joined by solvent cement, adhesive,
or pipeline components. or heat fusion may not be disturbed
until it has properly set. Plastic pipe
§ 192.273 General. may not be joined by a threaded joint
(a) The pipeline must be designed and or miter joint.
installed so that each joint will sustain (b) Solvent cement joints. Each solvent
the longitudinal pullout or thrust cement joint on plastic pipe must com-
forces caused by contraction or expan- ply with the following:
sion of the piping or by anticipated ex- (1) The mating surfaces of the joint
ternal or internal loading. must be clean, dry, and free of material
(b) Each joint must be made in ac- which might be detrimental to the
cordance with written procedures that joint.
have been proven by test or experience (2) The solvent cement must conform
to produce strong gastight joints. to ASTM D2513–99, (incorporated by
(c) Each joint must be inspected to reference, see § 192.7).
insure compliance with this subpart. (3) The joint may not be heated to ac-
celerate the setting of the cement.
§ 192.275 Cast iron pipe. (c) Heat-fusion joints. Each heat-fu-
(a) Each caulked bell and spigot joint sion joint on plastic pipe must comply
in cast iron pipe must be sealed with with the following:
mechanical leak clamps. (1) A butt heat-fusion joint must be
(b) Each mechanical joint in cast joined by a device that holds the heater
iron pipe must have a gasket made of a element square to the ends of the pip-
resilient material as the sealing me- ing, compresses the heated ends to-
dium. Each gasket must be suitably gether, and holds the pipe in proper
confined and retained under compres- alignment while the plastic hardens.
sion by a separate gland or follower (2) A socket heat-fusion joint must be
ring. joined by a device that heats the mat-
(c) Cast iron pipe may not be joined ing surfaces of the joint uniformly and
by threaded joints. simultaneously to essentially the same
(d) Cast iron pipe may not be joined temperature.
by brazing. (3) An electrofusion joint must be
joined utilizing the equipment and
[35 FR 13257, Aug. 19, 1970, as amended by techniques of the fittings manufacturer
Amdt. 192–62, 54 FR 5628, Feb. 6, 1989] or equipment and techniques shown, by
testing joints to the requirements of
§ 192.277 Ductile iron pipe.
§ 192.283(a)(1)(iii), to be at least equiva-

(a) Ductile iron pipe may not be lent to those of the fittings manufac-
joined by threaded joints. turer.
443
§ 192.283 49 CFR Ch. I (10–1–15 Edition)
(4) Heat may not be applied with a or paragraph 9.4 (Joint Integrity Tests)
torch or other open flame. of ASTM F1055 (incorporated by ref-
(d) Adhesive joints. Each adhesive erence, see § 192.7).
joint on plastic pipe must comply with (2) For procedures intended for lat-
the following: eral pipe connections, subject a speci-
(1) The adhesive must conform to men joint made from pipe sections
ASTM D 2517 (incorporated by ref- joined at right angles according to the
erence, see § 192.7). procedure to a force on the lateral pipe
(2) The materials and adhesive must until failure occurs in the specimen. If
be compatible with each other. failure initiates outside the joint area,
(e) Mechanical joints. Each compres- the procedure qualifies for use; and
sion type mechanical joint on plastic (3) For procedures intended for non-
pipe must comply with the following: lateral pipe connections, follow the
(1) The gasket material in the cou- tensile test requirements of ASTM
pling must be compatible with the D638 (incorporated by reference, see
plastic. § 192.7), except that the test may be
(2) A rigid internal tubular stiffener, conducted at ambient temperature and
other than a split tubular stiffener, humidity If the specimen elongates no
must be used in conjunction with the less than 25 percent or failure initiates
coupling. outside the joint area, the procedure
[35 FR 13257, Aug. 19, 1970, as amended by qualifies for use.
Amdt. 192–34, 44 FR 42973, July 23, 1979; (b) Mechanical joints. Before any writ-
Amdt. 192–58, 53 FR 1635, Jan. 21, 1988; Amdt. ten procedure established under
192–61, 53 FR 36793, Sept. 22, 1988; 58 FR 14521, § 192.273(b) is used for making mechan-
Mar. 18, 1993; Amdt. 192–78, 61 FR 28784, June ical plastic pipe joints that are de-
6, 1996; Amdt. 192–114, 75 FR 48603, Aug. 11,
2010; Amdt. 192–119, 80 FR 181, Jan. 5, 2015]
signed to withstand tensile forces, the
procedure must be qualified by sub-
§ 192.283 Plastic pipe: Qualifying join- jecting 5 specimen joints made accord-
ing procedures. ing to the procedure to the following
(a) Heat fusion, solvent cement, and ad- tensile test:
hesive joints. Before any written proce- (1) Use an apparatus for the test as
dure established under § 192.273(b) is specified in ASTM D 638 (except for
used for making plastic pipe joints by a conditioning), (incorporated by ref-
heat fusion, solvent cement, or adhe- erence, see § 192.7).
sive method, the procedure must be (2) The specimen must be of such
qualified by subjecting specimen joints length that the distance between the
made according to the procedure to the grips of the apparatus and the end of
following tests: the stiffener does not affect the joint
(1) The burst test requirements of— strength.
(i) In the case of thermoplastic pipe, (3) The speed of testing is 0.20 in (5.0
paragraph 6.6 (Sustained Pressure Test) mm) per minute, plus or minus 25 per-
or paragraph 6.7 (Minimum Hydrostatic cent.
Burst Test) of ASTM D2513–99 for plas- (4) Pipe specimens less than 4 inches
tic materials other than polyethylene (102 mm) in diameter are qualified if
or ASTM D2513–09a (incorporated by the pipe yields to an elongation of no
reference, see § 192.7) for polyethylene less than 25 percent or failure initiates
plastic materials; outside the joint area.
(ii) In the case of thermosetting plas- (5) Pipe specimens 4 inches (102 mm)
tic pipe, paragraph 8.5 (Minimum Hy- and larger in diameter shall be pulled
drostatic Burst Pressure) or paragraph until the pipe is subjected to a tensile
8.9 (Sustained Static Pressure Test) of stress equal to or greater than the
ASTM D2517 (incorporated by ref- maximum thermal stress that would be
erence, see § 192.7); or produced by a temperature change of
(iii) In the case of electrofusion fit- 100 °F (38 °C) or until the pipe is pulled
tings for polyethylene (PE) pipe and from the fitting. If the pipe pulls from
tubing, paragraph 9.1 (Minimum Hy- the fitting, the lowest value of the five
draulic Burst Pressure Test), para- test results or the manufacturer’s rat-
graph 9.2 (Sustained Pressure Test), ing, whichever is lower must be used in
paragraph 9.3 (Tensile Strength Test), the design calculations for stress.
444
(6) Each specimen that fails at the (B) Deformed by bending, torque, or
grips must be retested using new pipe. impact, and if failure occurs, it must
(7) Results obtained pertain only to not initiate in the joint area.
the specific outside diameter, and ma- (c) A person must be re-qualified
terial of the pipe tested, except that under an applicable procedure once
testing of a heavier wall pipe may be each calendar year at intervals not ex-
used to qualify pipe of the same mate- ceeding 15 months, or after any produc-
rial but with a lesser wall thickness. tion joint is found unacceptable by
(c) A copy of each written procedure testing under § 192.513.
being used for joining plastic pipe must (d) Each operator shall establish a
be available to the persons making and method to determine that each person
inspecting joints. making joints in plastic pipelines in
(d) Pipe or fittings manufactured be- the operator’s system is qualified in ac-
fore July 1, 1980, may be used in accordance with this section.
cordance with procedures that the
[Amdt. 192–34A, 45 FR 9935, Feb. 14, 1980, as
manufacturer certifies will produce a
amended by Amdt. 192–34B, 46 FR 39, Jan. 2,
joint as strong as the pipe. 1981; Amdt. 192–93, 68 FR 53900, Sept. 15, 2003;
[Amdt. 192–34A, 45 FR 9935, Feb. 14, 1980, as Amdt. 192–120, 80 FR 12779, Mar. 11, 2015]
amended by Amdt. 192–34B, 46 FR 39, Jan. 2,
1981; 47 FR 32720, July 29, 1982; 47 FR 49973, § 192.287 Plastic pipe: Inspection of
Nov. 4, 1982; 58 FR 14521, Mar. 18, 1993; Amdt. joints.
192–78, 61 FR 28784, June 6, 1996; Amdt. 192–85, No person may carry out the inspec-
63 FR 37503, July 13, 1998; Amdt. 192–94, 69 FR
32895, June 14, 2004; Amdt. 192–94, 69 FR 54592,
tion of joints in plastic pipes required
Sept. 9, 2004; Amdt. 192–114, 75 FR 48603, Aug. by §§ 192.273(c) and 192.285(b) unless that
11, 2010; Amdt. 192–119, 80 FR 181, Jan. 5, 2015] person has been qualified by appro-
priate training or experience in evalu-
§ 192.285 Plastic pipe: Qualifying per- ating the acceptability of plastic pipe
sons to make joints. joints made under the applicable join-
(a) No person may make a plastic ing procedure.
pipe joint unless that person has been [Amdt. 192–34, 44 FR 42974, July 23, 1979]
qualified under the applicable joining
procedure by:
(1) Appropriate training or experi-
Subpart G—General Construction
ence in the use of the procedure; and Requirements for Transmission
(2) Making a specimen joint from Lines and Mains
pipe sections joined according to the
§ 192.301 Scope.
procedure that passes the inspection
and test set forth in paragraph (b) of This subpart prescribes minimum re-
this section. quirements for constructing trans-
(b) The specimen joint must be: mission lines and mains.
(1) Visually examined during and
after assembly or joining and found to § 192.303 Compliance with specifica-
have the same appearance as a joint or tions or standards.
photographs of a joint that is accept- Each transmission line or main must
able under the procedure; and be constructed in accordance with com-
(2) In the case of a heat fusion, sol- prehensive written specifications or
vent cement, or adhesive joint: standards that are consistent with this
(i) Tested under any one of the test part.
methods listed under § 192.283(a) appli-
cable to the type of joint and material § 192.305 Inspection: General.
being tested; Each transmission line or main must
(ii) Examined by ultrasonic inspec- be inspected to ensure that it is con-
tion and found not to contain flaws structed in accordance with this part.
that would cause failure; or
EFFECTIVE DATE NOTE: At 80 FR 12779, Mar.
(iii) Cut into at least 3 longitudinal 11, 2015, § 192.305 was revised, effective Oct. 1,
straps, each of which is: 2015. At 80 FR 58633, Sept. 30, 2015 the effec-
(A) Visually examined and found not tive date for this revision was delayed indefi-
to contain voids or discontinuities on nitely. For the convenience of the user, the
the cut surfaces of the joint area; and delayed revised text is set forth as follows:
445
§ 192.307 49 CFR Ch. I (10–1–15 Edition)
§ 192.305 Inspection: General. the pipe wall without reducing the
Each transmission line and main must be pipe-wall thickness. The depth of a
inspected to ensure that it is constructed in dent is measured as the gap between
accordance with this subpart. An operator the lowest point of the dent and a pro-
must not use operator personnel to perform longation of the original contour of the
a required inspection if the operator per-
sonnel performed the construction task re- pipe.
quiring inspection. Nothing in this section (c) Each arc burn on steel pipe to be
prohibits the operator from inspecting con- operated at a pressure that produces a
struction tasks with operator personnel who hoop stress of 40 percent, or more, of
are involved in other construction tasks. SMYS must be repaired or removed. If
a repair is made by grinding, the arc
§ 192.307 Inspection of materials. burn must be completely removed and
Each length of pipe and each other the remaining wall thickness must be
component must be visually inspected at least equal to either:
at the site of installation to ensure (1) The minimum wall thickness re-
that it has not sustained any visually quired by the tolerances in the speci-
determinable damage that could im- fication to which the pipe was manu-
pair its serviceability. factured; or
(2) The nominal wall thickness re-
§ 192.309 Repair of steel pipe. quired for the design pressure of the
(a) Each imperfection or damage that pipeline.
impairs the serviceability of a length (d) A gouge, groove, arc burn, or dent
of steel pipe must be repaired or re- may not be repaired by insert patching
moved. If a repair is made by grinding, or by pounding out.
the remaining wall thickness must at (e) Each gouge, groove, arc burn, or
least be equal to either: dent that is removed from a length of
(1) The minimum thickness required pipe must be removed by cutting out
by the tolerances in the specification the damaged portion as a cylinder.
to which the pipe was manufactured; or
(2) The nominal wall thickness re- [35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–1, 35 FR 17660, Nov. 17, 1970; Amdt.
quired for the design pressure of the 192–85, 63 FR 37503, July 13, 1998; Amdt. 192–
pipeline. 88, 64 FR 69664, Dec. 14, 1999]
(b) Each of the following dents must
be removed from steel pipe to be oper- § 192.311 Repair of plastic pipe.
ated at a pressure that produces a hoop Each imperfection or damage that
stress of 20 percent, or more, of SMYS, would impair the serviceability of plas-
unless the dent is repaired by a method tic pipe must be repaired or removed.
that reliable engineering tests and
analyses show can permanently restore [Amdt. 192–93, 68 FR 53900, Sept. 15, 2003]
the serviceability of the pipe:
(1) A dent that contains a stress con- § 192.313 Bends and elbows.
centrator such as a scratch, gouge, (a) Each field bend in steel pipe,
groove, or arc burn. other than a wrinkle bend made in ac-
(2) A dent that affects the longitu- cordance with § 192.315, must comply
dinal weld or a circumferential weld. with the following:
(3) In pipe to be operated at a pres- (1) A bend must not impair the serv-
sure that produces a hoop stress of 40 iceability of the pipe.
percent or more of SMYS, a dent that (2) Each bend must have a smooth
has a depth of: contour and be free from buckling,
(i) More than 1⁄4 inch (6.4 millimeters) cracks, or any other mechanical dam-
in pipe 123⁄4 inches (324 millimeters) or age.
less in outer diameter; or (3) On pipe containing a longitudinal
(ii) More than 2 percent of the nomi- weld, the longitudinal weld must be as
nal pipe diameter in pipe over 123⁄4 near as practicable to the neutral axis
inches (324 millimeters) in outer di- of the bend unless:
ameter. (i) The bend is made with an internal
For the purpose of this section a bending mandrel; or

‘‘dent’’ is a depression that produces a (ii) The pipe is 12 inches (305 millime-
gross disturbance in the curvature of ters) or less in outside diameter or has
446
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
millimeters) or more in diameter un- [Amdt. 192–27, 41 FR 34606, Aug. 16, 1976, as
less the arc length, as measured along amended by Amdt. 192–78, 61 FR 28784, June
6, 1996]
the crotch, is at least 1 inch (25 milli-
meters). § 192.319 Installation of pipe in a
[Amdt. No. 192–26, 41 FR 26018, June 24, 1976, ditch.
as amended by Amdt. 192–29, 42 FR 42866, (a) When installed in a ditch, each
Aug. 25, 1977; Amdt. 192–29, 42 FR 60148, Nov.
25, 1977; Amdt. 192–49, 50 FR 13225, Apr. 3,
transmission line that is to be operated
1985; Amdt. 192–85, 63 FR 37503, July 13, 1998] at a pressure producing a hoop stress of
20 percent or more of SMYS must be
§ 192.315 Wrinkle bends in steel pipe. installed so that the pipe fits the ditch
(a) A wrinkle bend may not be made so as to minimize stresses and protect
on steel pipe to be operated at a pres- the pipe coating from damage.
sure that produces a hoop stress of 30 (b) When a ditch for a transmission
percent, or more, of SMYS. line or main is backfilled, it must be
(b) Each wrinkle bend on steel pipe backfilled in a manner that:
must comply with the following: (1) Provides firm support under the
(1) The bend must not have any sharp pipe; and
kinks. (2) Prevents damage to the pipe and
(2) When measured along the crotch pipe coating from equipment or from
of the bend, the wrinkles must be a dis- the backfill material.
tance of at least one pipe diameter. (c) All offshore pipe in water at least
(3) On pipe 16 inches (406 millimeters) 12 feet (3.7 meters) deep but not more
or larger in diameter, the bend may than 200 feet (61 meters) deep, as meas-
not have a deflection of more than 11⁄2° ured from the mean low tide, except
for each wrinkle. pipe in the Gulf of Mexico and its inlets
(4) On pipe containing a longitudinal under 15 feet (4.6 meters) of water,
weld the longitudinal seam must be as must be installed so that the top of the
near as practicable to the neutral axis pipe is below the natural bottom unless
of the bend. the pipe is supported by stanchions,
held in place by anchors or heavy con-
Amdt. 192–85, 63 FR 37503, July 13, 1998] crete coating, or protected by an equiv-
alent means. Pipe in the Gulf of Mexico
§ 192.317 Protection from hazards. and its inlets under 15 feet (4.6 meters)
(a) The operator must take all prac- of water must be installed so that the
ticable steps to protect each trans- top of the pipe is 36 inches (914 milli-
mission line or main from washouts, meters) below the seabed for normal
floods, unstable soil, landslides, or excavation or 18 inches (457 millime-
other hazards that may cause the pipe- ters) for rock excavation.
line to move or to sustain abnormal [35 FR 13257, Aug. 19, 1970, as amended by
loads. In addition, the operator must Amdt. 192–27, 41 FR 34606, Aug. 16, 1976;
take all practicable steps to protect Amdt. 192–78, 61 FR 28784, June 6, 1996; Amdt.
offshore pipelines from damage by mud 192–85, 63 FR 37503, July 13, 1998]
slides, water currents, hurricanes, ship
§ 192.321 Installation of plastic pipe.
anchors, and fishing operations.

(b) Each aboveground transmission (a) Plastic pipe must be installed
line or main, not located offshore or in below ground level except as provided
447
§ 192.323 49 CFR Ch. I (10–1–15 Edition)
by paragraphs (g) and (h) of this sec- (3) Not allowed to exceed the pipe
tion. temperature limits specified in
(b) Plastic pipe that is installed in a § 192.123.
vault or any other below grade enclo-
sure must be completely encased in [35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–78, 61 FR 28784, June 6, 1996; Amdt.
gas-tight metal pipe and fittings that
192–85, 63 FR 37503, July 13, 1998; Amdt. 192–
are adequately protected from corro- 93, 68 FR 53900, Sept. 15, 2003; Amdt. 192–94, 69
sion. FR 32895, June 14, 2004]
(c) Plastic pipe must be installed so
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
diameter of 0.875 inch (22.3 millimeters) withstand the superimposed loads.
or less may have a minimum wall (b) If there is a possibility of water
thickness of 0.062 inch (1.58 millime- entering the casing, the ends must be
ters). sealed.
(e) Plastic pipe that is not encased (c) If the ends of an unvented casing
must have an electrically conducting are sealed and the sealing is strong
wire or other means of locating the enough to retain the maximum allow-
pipe while it is underground. Tracer able operating pressure of the pipe, the
wire may not be wrapped around the casing must be designed to hold this
pipe and contact with the pipe must be pressure at a stress level of not more
minimized but is not prohibited. Tracer than 72 percent of SMYS.
wire or other metallic elements in-
(d) If vents are installed on a casing,
stalled for pipe locating purposes must
the vents must be protected from the
be resistant to corrosion damage, ei-
ther by use of coated copper wire or by weather to prevent water from enter-
other means. ing the casing.
(f) Plastic pipe that is being encased
§ 192.325 Underground clearance.
must be inserted into the casing pipe in
a manner that will protect the plastic. (a) Each transmission line must be
The leading end of the plastic must be installed with at least 12 inches (305
closed before insertion. millimeters) of clearance from any
(g) Uncased plastic pipe may be tem- other underground structure not asso-
porarily installed above ground level ciated with the transmission line. If
under the following conditions: this clearance cannot be attained, the
(1) The operator must be able to dem- transmission line must be protected
onstrate that the cumulative above- from damage that might result from
ground exposure of the pipe does not the proximity of the other structure.
exceed the manufacturer’s rec- (b) Each main must be installed with
ommended maximum period of expo- enough clearance from any other un-
sure or 2 years, whichever is less. derground structure to allow proper
(2) The pipe either is located where
maintenance and to protect against
damage by external forces is unlikely
damage that might result from prox-
or is otherwise protected against such
damage. imity to other structures.
(3) The pipe adequately resists expo- (c) In addition to meeting the re-
sure to ultraviolet light and high and quirements of paragraph (a) or (b) of
low temperatures. this section, each plastic transmission
(h) Plastic pipe may be installed on line or main must be installed with suf-
bridges provided that it is: ficient clearance, or must be insulated,
(1) Installed with protection from from any source of heat so as to pre-
mechanical damage, such as installa- vent the heat from impairing the serv-
tion in a metallic casing; iceability of the pipe.

(2) Protected from ultraviolet radi-
ation; and
448
(d) Each pipe-type or bottle-type consolidated rock between the top of

holder must be installed with a min- the pipe and the underwater natural
imum clearance from any other holder bottom (as determined by recognized
as prescribed in § 192.175(b). and generally accepted practices).
[35 FR 13257, Aug. 19, 1970, as amended by (f) All pipe installed offshore, except
Amdt. 192–85, 63 FR 37503, July 13, 1998] in the Gulf of Mexico and its inlets,
under water not more than 200 feet (60
§ 192.327 Cover. meters) deep, as measured from the
(a) Except as provided in paragraphs mean low tide, must be installed as fol-
(c), (e), (f), and (g) of this section, each lows:
buried transmission line must be in- (1) Except as provided in paragraph
stalled with a minimum cover as fol- (c) of this section, pipe under water
lows: less than 12 feet (3.66 meters) deep,
must be installed with a minimum
Consoli-
Location Normal soil dated rock cover of 36 inches (914 millimeters) in
soil or 18 inches (457 millimeters) in
Inches (Millimeters).
Class 1 locations ........................... 30 (762) 18 (457)
consolidated rock between the top of
Class 2, 3, and 4 locations ........... 36 (914) 24 (610) the pipe and the natural bottom.
Drainage ditches of public roads (2) Pipe under water at least 12 feet
and railroad crossings ............... 36 (914) 24 (610)
(3.66 meters) deep must be installed so
(b) Except as provided in paragraphs that the top of the pipe is below the
(c) and (d) of this section, each buried natural bottom, unless the pipe is sup-
main must be installed with at least 24 ported by stanchions, held in place by
inches (610 millimeters) of cover. anchors or heavy concrete coating, or
(c) Where an underground structure protected by an equivalent means.
prevents the installation of a trans- (g) All pipelines installed under
mission line or main with the min- water in the Gulf of Mexico and its in-
imum cover, the transmission line or lets, as defined in § 192.3, must be in-
main may be installed with less cover stalled in accordance with
if it is provided with additional protec- § 192.612(b)(3).
tion to withstand anticipated external [35 FR 13257, Aug. 19, 1970, as amended by
loads. Amdt. 192–27, 41 FR 34606, Aug. 16, 1976;
(d) A main may be installed with less Amdt. 192–78, 61 FR 28785, June 6, 1996; Amdt.
than 24 inches (610 millimeters) of 192–85, 63 FR 37503, July 13, 1998; Amdt. 192–
cover if the law of the State or munici- 98, 69 FR 48406, Aug. 10, 2004]
pality:
(1) Establishes a minimum cover of § 192.328 Additional construction re-
less than 24 inches (610 millimeters); quirements for steel pipe using al-
(2) Requires that mains be installed ternative maximum allowable oper-
ating pressure.
in a common trench with other utility
lines; and For a new or existing pipeline seg-
(3) Provides adequately for preven- ment to be eligible for operation at the
tion of damage to the pipe by external alternative maximum allowable oper-
forces. ating pressure calculated under
(e) Except as provided in paragraph § 192.620, a segment must meet the fol-
(c) of this section, all pipe installed in lowing additional construction require-
a navigable river, stream, or harbor ments. Records must be maintained,
must be installed with a minimum for the useful life of the pipeline, dem-
cover of 48 inches (1,219 millimeters) in onstrating compliance with these re-
soil or 24 inches (610 millimeters) in quirements:
To address this construction The pipeline segment must meet this additional construction requirement:
issue:
(a) Quality assurance ............... (1) The construction of the pipeline segment must be done under a quality assurance plan ad-
dressing pipe inspection, hauling and stringing, field bending, welding, non-destructive ex-
amination of girth welds, applying and testing field applied coating, lowering of the pipeline
into the ditch, padding and backfilling, and hydrostatic testing.
(2) The quality assurance plan for applying and testing field applied coating to girth welds
must be:
(i) Equivalent to that required under § 192.112(f)(3) for pipe; and
449
§ 192.351 49 CFR Ch. I (10–1–15 Edition)
To address this construction The pipeline segment must meet this additional construction requirement:
issue:
(ii) Performed by an individual with the knowledge, skills, and ability to assure effective coating
application.
(b) Girth welds .......................... (1) All girth welds on a new pipeline segment must be non-destructively examined in accord-
ance with § 192.243(b) and (c).
(c) Depth of cover ..................... (1) Notwithstanding any lesser depth of cover otherwise allowed in § 192.327, there must be at
least 36 inches (914 millimeters) of cover or equivalent means to protect the pipeline from
outside force damage.
(2) In areas where deep tilling or other activities could threaten the pipeline, the top of the
pipeline must be installed at least one foot below the deepest expected penetration of the
soil.
(d) Initial strength testing .......... (1) The pipeline segment must not have experienced failures indicative of systemic material
defects during strength testing, including initial hydrostatic testing. A root cause analysis, in-
cluding metallurgical examination of the failed pipe, must be performed for any failure expe-
rienced to verify that it is not indicative of a systemic concern. The results of this root cause
analysis must be reported to each PHMSA pipeline safety regional office where the pipe is
in service at least 60 days prior to operating at the alternative MAOP. An operator must also
notify a State pipeline safety authority when the pipeline is located in a State where PHMSA
has an interstate agent agreement, or an intrastate pipeline is regulated by that State.
(e) Interference currents ........... (1) For a new pipeline segment, the construction must address the impacts of induced alter-
nating current from parallel electric transmission lines and other known sources of potential
interference with corrosion control.
[72 FR 62176, Oct. 17, 2008] a separate metering or regulating

building.
Subpart H—Customer Meters, [35 FR 13257, Aug. 19, 1970, as amended by
Service Regulators, and Serv- Amdt. 192–85, 63 FR 37503, July 13, 1998;
ice Lines Amdt. 192–93, 68 FR 53900, Sept. 15, 2003]
§ 192.351 Scope. § 192.355 Customer meters and regu-

This subpart prescribes minimum re- lators: Protection from damage.
quirements for installing customer me- (a) Protection from vacuum or back
ters, service regulators, service lines, pressure. If the customer’s equipment
service line valves, and service line might create either a vacuum or a back
connections to mains. pressure, a device must be installed to
protect the system.
§ 192.353 Customer meters and regu-
lators: Location. (b) Service regulator vents and relief
vents. Service regulator vents and re-
(a) Each meter and service regulator, lief vents must terminate outdoors,
whether inside or outside a building, and the outdoor terminal must—
must be installed in a readily acces- (1) Be rain and insect resistant;
sible location and be protected from
(2) Be located at a place where gas
corrosion and other damage, including,
if installed outside a building, vehic- from the vent can escape freely into
ular damage that may be anticipated. the atmosphere and away from any
However, the upstream regulator in a opening into the building; and
series may be buried. (3) Be protected from damage caused
(b) Each service regulator installed by submergence in areas where flood-
within a building must be located as ing may occur.
near as practical to the point of service (c) Pits and vaults. Each pit or vault
line entrance. that houses a customer meter or regu-
(c) Each meter installed within a lator at a place where vehicular traffic
building must be located in a venti- is anticipated, must be able to support
lated place and not less than 3 feet (914 that traffic.
millimeters) from any source of igni-
tion or any source of heat which might
Amdt. 192–58, 53 FR 1635, Jan. 21, 1988]
damage the meter.
(d) Where feasible, the upstream reg-

ulator in a series must be located out-
side the building, unless it is located in
450
§ 192.357 Customer meters and regu- so as to drain into the main or into
lators: Installation. drips at the low points in the service
(a) Each meter and each regulator line.
must be installed so as to minimize an- (d) Protection against piping strain and
ticipated stresses upon the connecting external loading. Each service line must
piping and the meter. be installed so as to minimize antici-
(b) When close all-thread nipples are pated piping strain and external load-
used, the wall thickness remaining ing.
after the threads are cut must meet (e) Installation of service lines into
the minimum wall thickness require- buildings. Each underground service
ments of this part. line installed below grade through the
(c) Connections made of lead or other outer foundation wall of a building
easily damaged material may not be must:
used in the installation of meters or (1) In the case of a metal service line,
regulators. be protected against corrosion;
(d) Each regulator that might release (2) In the case of a plastic service
gas in its operation must be vented to line, be protected from shearing action
the outside atmosphere. and backfill settlement; and
(3) Be sealed at the foundation wall
§ 192.359 Customer meter installations:
Operating pressure. to prevent leakage into the building.
(f) Installation of service lines under
(a) A meter may not be used at a buildings. Where an underground serv-
pressure that is more than 67 percent ice line is installed under a building:
of the manufacturer’s shell test pres-
(1) It must be encased in a gas tight
sure.
conduit;
(b) Each newly installed meter manu-
factured after November 12, 1970, must (2) The conduit and the service line
have been tested to a minimum of 10 must, if the service line supplies the
p.s.i. (69 kPa) gage. building it underlies, extend into a nor-
(c) A rebuilt or repaired tinned steel mally usable and accessible part of the
case meter may not be used at a pres- building; and
sure that is more than 50 percent of the (3) The space between the conduit
pressure used to test the meter after and the service line must be sealed to
rebuilding or repairing. prevent gas leakage into the building
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
§ 192.361 Service lines: Installation. above grade, terminating in a rain and
insect resistant fitting.
(a) Depth. Each buried service line
must be installed with at least 12 (g) Locating underground service lines.
inches (305 millimeters) of cover in pri- Each underground nonmetallic service
vate property and at least 18 inches line that is not encased must have a
(457 millimeters) of cover in streets and means of locating the pipe that com-
roads. However, where an underground plies with § 192.321(e).
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
line must be properly supported on un- § 192.363 Service lines: Valve require-
disturbed or well-compacted soil, and ments.
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.
451
§ 192.365 49 CFR Ch. I (10–1–15 Edition)
(b) A soft seat service line valve may § 192.369 Service lines: Connections to
not be used if its ability to control the cast iron or ductile iron mains.
flow of gas could be adversely affected (a) Each service line connected to a
by exposure to anticipated heat. cast iron or ductile iron main must be
(c) Each service-line valve on a high- connected by a mechanical clamp, by
pressure service line, installed above drilling and tapping the main, or by
ground or in an area where the blowing another method meeting the require-
of gas would be hazardous, must be de- ments of § 192.273.
signed and constructed to minimize the (b) If a threaded tap is being inserted,
possibility of the removal of the core of the requirements of § 192.151 (b) and (c)
the valve with other than specialized must also be met.
tools.
§ 192.371 Service lines: Steel.
§ 192.365 Service lines: Location of Each steel service line to be operated
valves.
at less than 100 p.s.i. (689 kPa) gage
(a) Relation to regulator or meter. Each must be constructed of pipe designed
service-line valve must be installed up- for a minimum of 100 p.s.i. (689 kPa)
stream of the regulator or, if there is gage.
no regulator, upstream of the meter. [Amdt. 192–1, 35 FR 17660, Nov. 17, 1970, as
(b) Outside valves. Each service line amended by Amdt. 192–85, 63 FR 37503, July
must have a shut-off valve in a readily 13, 1998]
accessible location that, if feasible, is
outside of the building. § 192.373 Service lines: Cast iron and
(c) Underground valves. Each under- ductile iron.
ground service-line valve must be lo- (a) Cast or ductile iron pipe less than
cated in a covered durable curb box or 6 inches (152 millimeters) in diameter
standpipe that allows ready operation may not be installed for service lines.
of the valve and is supported independ- (b) If cast iron pipe or ductile iron
ently of the service lines. pipe is installed for use as a service
line, the part of the service line which
§ 192.367 Service lines: General re- extends through the building wall must
quirements for connections to main be of steel pipe.
piping. (c) A cast iron or ductile iron service
(a) Location. Each service line con- line may not be installed in unstable
nection to a main must be located at soil or under a building.
the top of the main or, if that is not [35 FR 13257, Aug. 19, 1970, as amended by
practical, at the side of the main, un- Amdt. 192–85, 63 FR 37503, July 13, 1998]
less a suitable protective device is in-
stalled to minimize the possibility of § 192.375 Service lines: Plastic.
dust and moisture being carried from (a) Each plastic service line outside a
the main into the service line. building must be installed below
(b) Compression-type connection to ground level, except that—
main. Each compression-type service (1) It may be installed in accordance
line to main connection must: with § 192.321(g); and
(1) Be designed and installed to effec- (2) It may terminate above ground
tively sustain the longitudinal pull-out level and outside the building, if—
or thrust forces caused by contraction (i) The above ground level part of the
or expansion of the piping, or by antici- plastic service line is protected against
pated external or internal loading; and deterioration and external damage; and
(2) If gaskets are used in connecting (ii) The plastic service line is not
the service line to the main connection used to support external loads.
fitting, have gaskets that are compat- (b) Each plastic service line inside a
ible with the kind of gas in the system. building must be protected against ex-
ternal damage.

Amdt. 192–75, 61 FR 18517, Apr. 26, 1996] [35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–78, 61 FR 28785, June 6, 1996]
452
§ 192.377 Service lines: Copper. cubic feet per hour (.01 cubic meters
per hour); and
Each copper service line installed
within a building must be protected (4) Not close when the pressure is less
against external damage. than the manufacturer’s minimum
specified operating pressure and the
§ 192.379 New service lines not in use. flow rate is below the manufacturer’s
minimum specified closure flow rate.
Each service line that is not placed
in service upon completion of installa- (b) An excess flow valve must meet
tion must comply with one of the fol- the applicable requirements of Sub-
lowing until the customer is supplied parts B and D of this part.
with gas: (c) An operator must mark or other-
(a) The valve that is closed to pre- wise identify the presence of an excess
vent the flow of gas to the customer flow valve in the service line.
must be provided with a locking device (d) An operator shall locate an excess
or other means designed to prevent the flow valve as near as practical to the
opening of the valve by persons other fitting connecting the service line to
than those authorized by the operator. its source of gas supply.
(b) A mechanical device or fitting (e) An operator should not install an
that will prevent the flow of gas must excess flow valve on a service line
be installed in the service line or in the where the operator has prior experi-
meter assembly. ence with contaminants in the gas
(c) The customer’s piping must be stream, where these contaminants
physically disconnected from the gas could be expected to cause the excess
supply and the open pipe ends sealed. flow valve to malfunction or where the
excess flow valve would interfere with
[Amdt. 192–8, 37 FR 20694, Oct. 3, 1972] necessary operation and maintenance
activities on the service, such as blow-
§ 192.381 Service lines: Excess flow
valve performance standards. ing liquids from the line.
(a) Excess flow valves to be used on [Amdt. 192–79, 61 FR 31459, June 20, 1996, as
single residence service lines that oper- amended by Amdt. 192–80, 62 FR 2619, Jan. 17,
ate continuously throughout the year 1997; Amdt. 192–85, 63 FR 37504, July 13, 1998]
at a pressure not less than 10 p.s.i. (69
§ 192.383 Excess flow valve installa-
kPa) gage must be manufactured and tion.
tested by the manufacturer according
to an industry specification, or the (a) Definitions. As used in this sec-
manufacturer’s written specification, tion:
to ensure that each valve will: Replaced service line means a gas serv-
(1) Function properly up to the max- ice line where the fitting that connects
imum operating pressure at which the the service line to the main is replaced
valve is rated; or the piping connected to this fitting
(2) Function properly at all tempera- is replaced.
tures reasonably expected in the oper- Service line serving single-family resi-
ating environment of the service line; dence means a gas service line that be-
(3) At 10 p.s.i. (69 kPa) gage: gins at the fitting that connects the
(i) Close at, or not more than 50 per- service line to the main and serves
cent above, the rated closure flow rate only one single-family residence.
specified by the manufacturer; and (b) Installation required. An excess
(ii) Upon closure, reduce gas flow— flow valve (EFV) installation must
(A) For an excess flow valve designed comply with the performance stand-
to allow pressure to equalize across the ards in § 192.381. The operator must in-
valve, to no more than 5 percent of the stall an EFV on any new or replaced
manufacturer’s specified closure flow service line serving a single-family res-
rate, up to a maximum of 20 cubic feet idence after February 12, 2010, unless
per hour (0.57 cubic meters per hour); one or more of the following conditions
or is present:
(B) For an excess flow valve designed (1) The service line does not operate
to prevent equalization of pressure at a pressure of 10 psig or greater
across the valve, to no more than 0.4 throughout the year;
453
§ 192.451 49 CFR Ch. I (10–1–15 Edition)
(2) The operator has prior experience (b) Regulated onshore gathering lines.
with contaminants in the gas stream For any regulated onshore gathering
that could interfere with the EFV’s op- line under § 192.9 existing on April 14,
eration or cause loss of service to a res- 2006, that was not previously subject to
idence; this part, and for any onshore gath-
(3) An EFV could interfere with nec- ering line that becomes a regulated on-
essary operation or maintenance ac- shore gathering line under § 192.9 after
tivities, such as blowing liquids from April 14, 2006, because of a change in
the line; or class location or increase in dwelling
(4) An EFV meeting performance density:
standards in § 192.381 is not commer- (1) The requirements of this subpart
cially available to the operator. specifically applicable to pipelines in-
stalled before August 1, 1971, apply to
(c) Reporting. Each operator must re-
the gathering line regardless of the
port the EFV measures detailed in the
date the pipeline was actually in-
annual report required by § 191.11. stalled; and
[Amdt. 192–113, 74 FR 63934, Dec. 4, 2009, as (2) The requirements of this subpart
amended at 75 FR 5244, Feb. 2, 2010; 76 FR specifically applicable to pipelines in-
5499, Feb. 1, 2011] stalled after July 31, 1971, apply only if
the pipeline substantially meets those
Subpart I—Requirements for requirements.
Corrosion Control [Amdt. 192–30, 42 FR 60148, Nov. 25, 1977, as
amended by Amdt. 192–102, 71 FR 13303, Mar.
15, 2006]
SOURCE: Amdt. 192–4, 36 FR 12302, June 30,
1971, unless otherwise noted. § 192.453 General.
§ 192.451 Scope. The corrosion control procedures re-
quired by § 192.605(b)(2), including those
(a) This subpart prescribes minimum for the design, installation, operation,
requirements for the protection of me- and maintenance of cathodic protec-
tallic pipelines from external, internal, tion systems, must be carried out by,
and atmospheric corrosion. or under the direction of, a person
(b) [Reserved] qualified in pipeline corrosion control
[Amdt. 192–4, 36 FR 12302, June 30, 1971, as methods.
amended by Amdt. 192–27, 41 FR 34606, Aug. [Amdt. 192–71, 59 FR 6584, Feb. 11, 1994]
16, 1976; Amdt. 192–33, 43 FR 39389, Sept. 5,
1978] § 192.455 External corrosion control:
Buried or submerged pipelines in-
§ 192.452 How does this subpart apply stalled after July 31, 1971.
to converted pipelines and regu-
lated onshore gathering lines? (a) Except as provided in paragraphs
(b), (c), and (f) of this section, each bur-
(a) Converted pipelines. Notwith- ied or submerged pipeline installed
standing the date the pipeline was in- after July 31, 1971, must be protected
stalled or any earlier deadlines for against external corrosion, including
compliance, each pipeline which quali- the following:
fies for use under this part in accord- (1) It must have an external protec-
ance with § 192.14 must meet the re- tive coating meeting the requirements
quirements of this subpart specifically of § 192.461.
applicable to pipelines installed before (2) It must have a cathodic protec-
August 1, 1971, and all other applicable tion system designed to protect the
requirements within 1 year after the pipeline in accordance with this sub-
pipeline is readied for service. How- part, installed and placed in operation
ever, the requirements of this subpart within 1 year after completion of con-
specifically applicable to pipelines instruction.
stalled after July 31, 1971, apply if the (b) An operator need not comply with
pipeline substantially meets those re- paragraph (a) of this section, if the op-
quirements before it is readied for serv- erator can demonstrate by tests, inves-
ice or it is a segment which is replaced, tigation, or experience in the area of
relocated, or substantially altered. application, including, as a minimum,
454
soil resistivity measurements and tests (2) The fitting is designed to prevent
for corrosion accelerating bacteria, leakage caused by localized corrosion
that a corrosive environment does not pitting.
exist. However, within 6 months after [Amdt. 192–4, 36 FR 12302, June 30, 1971, as
an installation made pursuant to the amended at Amdt. 192–28, 42 FR 35654, July
preceding sentence, the operator shall 11, 1977; Amdt. 192–39, 47 FR 9844, Mar. 8, 1982;
conduct tests, including pipe-to-soil Amdt. 192–78, 61 FR 28785, June 6, 1996; Amdt.
potential measurements with respect 192–85, 63 FR 37504, July 13, 1998]
to either a continuous reference elec- § 192.457 External corrosion control:
trode or an electrode using close spac- Buried or submerged pipelines in-
ing, not to exceed 20 feet (6 meters), stalled before August 1, 1971.
and soil resistivity measurements at (a) Except for buried piping at com-
potential profile peak locations, to pressor, regulator, and measuring sta-
adequately evaluate the potential pro- tions, each buried or submerged trans-
file along the entire pipeline. If the mission line installed before August 1,
tests made indicate that a corrosive 1971, that has an effective external
condition exists, the pipeline must be coating must be cathodically protected
cathodically protected in accordance along the entire area that is effectively
with paragraph (a)(2) of this section. coated, in accordance with this sub-
(c) An operator need not comply with part. For the purposes of this subpart,
paragraph (a) of this section, if the op- a pipeline does not have an effective
erator can demonstrate by tests, inves- external coating if its cathodic protec-
tigation, or experience that— tion current requirements are substan-
(1) For a copper pipeline, a corrosive tially the same as if it were bare. The
environment does not exist; or operator shall make tests to determine
(2) For a temporary pipeline with an the cathodic protection current re-
operating period of service not to ex- quirements.
ceed 5 years beyond installation, corro- (b) Except for cast iron or ductile
iron, each of the following buried or
sion during the 5-year period of service
submerged pipelines installed before
of the pipeline will not be detrimental
August 1, 1971, must be cathodically
to public safety.
protected in accordance with this sub-
(d) Notwithstanding the provisions of part in areas in which active corrosion
paragraph (b) or (c) of this section, if a is found:
pipeline is externally coated, it must (1) Bare or ineffectively coated trans-
be cathodically protected in accord- mission lines.
ance with paragraph (a)(2) of this sec- (2) Bare or coated pipes at com-
tion. pressor, regulator, and measuring sta-
(e) Aluminum may not be installed in tions.
a buried or submerged pipeline if that (3) Bare or coated distribution lines.
aluminum is exposed to an environ-
[Amdt. 192–4, 36 FR 12302, June 30, 1971, as
ment with a natural pH in excess of 8, amended by Amdt. 192–33, 43 FR 39390, Sept.
unless tests or experience indicate its 5, 1978; Amdt. 192–93, 68 FR 53900, Sept. 15,
suitability in the particular environ- 2003]
ment involved.
(f) This section does not apply to § 192.459 External corrosion control:
Examination of buried pipeline
electrically isolated, metal alloy fit- when exposed.
tings in plastic pipelines, if:
(1) For the size fitting to be used, an Whenever an operator has knowledge
operator can show by test, investiga- that any portion of a buried pipeline is
exposed, the exposed portion must be
tion, or experience in the area of appli-
examined for evidence of external cor-
cation that adequate corrosion control
rosion if the pipe is bare, or if the coat-
is provided by the alloy composition; ing is deteriorated. If external corro-
and sion requiring remedial action under
§§ 192.483 through 192.489 is found, the

operator shall investigate circumferen-
tially and longitudinally beyond the
455
§ 192.461 49 CFR Ch. I (10–1–15 Edition)
exposed portion (by visual examina- (b) If amphoteric metals are included
tion, indirect method, or both) to de- in a buried or submerged pipeline con-
termine whether additional corrosion taining a metal of different anodic po-
requiring remedial action exists in the tential—
vicinity of the exposed portion. (1) The amphoteric metals must be
[Amdt. 192–87, 64 FR 56981, Oct. 22, 1999] electrically isolated from the remain-
der of the pipeline and cathodically
§ 192.461 External corrosion control: protected; or
Protective coating. (2) The entire buried or submerged
(a) Each external protective coating, pipeline must be cathodically pro-
whether conductive or insulating, ap- tected at a cathodic potential that
plied for the purpose of external corro- meets the requirements of appendix D
sion control must— of this part for amphoteric metals.
(1) Be applied on a properly prepared (c) The amount of cathodic protec-
surface; tion must be controlled so as not to
(2) Have sufficient adhesion to the damage the protective coating or the
metal surface to effectively resist pipe.
underfilm migration of moisture;
(3) Be sufficiently ductile to resist § 192.465 External corrosion control:
cracking; Monitoring.
(4) Have sufficient strength to resist (a) Each pipeline that is under ca-
damage due to handling and soil stress; thodic protection must be tested at
and least once each calendar year, but with
(5) Have properties compatible with intervals not exceeding 15 months, to
any supplemental cathodic protection. determine whether the cathodic protec-
(b) Each external protective coating tion meets the requirements of
which is an electrically insulating type § 192.463. However, if tests at those in-
must also have low moisture absorp- tervals are impractical for separately
tion and high electrical resistance. protected short sections of mains or
(c) Each external protective coating transmission lines, not in excess of 100
must be inspected just prior to low- feet (30 meters), or separately pro-
ering the pipe into the ditch and back- tected service lines, these pipelines
filling, and any damage detrimental to
may be surveyed on a sampling basis.
effective corrosion control must be re-
At least 10 percent of these protected
paired.
structures, distributed over the entire
(d) Each external protective coating
system must be surveyed each calendar
must be protected from damage result-
year, with a different 10 percent
ing from adverse ditch conditions or
checked each subsequent year, so that
damage from supporting blocks.
the entire system is tested in each 10–
(e) If coated pipe is installed by bor-
ing, driving, or other similar method, year period.
precautions must be taken to minimize (b) Each cathodic protection rectifier
damage to the coating during installa- or other impressed current power
tion. source must be inspected six times
each calendar year, but with intervals
§ 192.463 External corrosion control: not exceeding 21⁄2 months, to insure
Cathodic protection. that it is operating.
(a) Each cathodic protection system (c) Each reverse current switch, each
required by this subpart must provide a diode, and each interference bond
level of cathodic protection that com- whose failure would jeopardize struc-
plies with one or more of the applicable ture protection must be electrically
criteria contained in appendix D of this checked for proper performance six
part. If none of these criteria is appli- times each calendar year, but with in-
cable, the cathodic protection system tervals not exceeding 21⁄2 months. Each
must provide a level of cathodic pro- other interference bond must be
tection at least equal to that provided checked at least once each calendar
by compliance with one or more of year, but with intervals not exceeding
these criteria. 15 months.
456
(d) Each operator shall take prompt precautions are taken to prevent arc-
remedial action to correct any defi- ing.
ciencies indicated by the monitoring. (f) Where a pipeline is located in
(e) After the initial evaluation re- close proximity to electrical trans-
quired by §§ 192.455(b) and (c) and mission tower footings, ground cables
192.457(b), each operator must, not less or counterpoise, or in other areas
than every 3 years at intervals not ex- where fault currents or unusual risk of
ceeding 39 months, reevaluate its un- lightning may be anticipated, it must
protected pipelines and cathodically be provided with protection against
protect them in accordance with this damage due to fault currents or light-
subpart in areas in which active corro- ning, and protective measures must
sion is found. The operator must deter- also be taken at insulating devices.
mine the areas of active corrosion by [Amdt. 192–4, 36 FR 12302, June 30, 1971, as
electrical survey. However, on distribu- amended by Amdt. 192–33, 43 FR 39390, Sept.
tion lines and where an electrical sur- 5, 1978]
vey is impractical on transmission
lines, areas of active corrosion may be § 192.469 External corrosion control:
determined by other means that in- Test stations.
clude review and analysis of leak re- Each pipeline under cathodic protec-
pair and inspection records, corrosion tion required by this subpart must
monitoring records, exposed pipe in- have sufficient test stations or other
spection records, and the pipeline envi- contact points for electrical measure-
ronment. ment to determine the adequacy of ca-
[Amdt. 192–4, 36 FR 12302, June 30, 1971, as thodic protection.
amended by Amdt. 192–33, 43 FR 39390, Sept. [Amdt. 192–27, 41 FR 34606, Aug. 16, 1976]
5, 1978; Amdt. 192–35A, 45 FR 23441, Apr. 7,
1980; Amdt. 192–85, 63 FR 37504, July 13, 1998; § 192.471 External corrosion control:
Amdt. 192–93, 68 FR 53900, Sept. 15, 2003; Test leads.
Amdt. 192–114, 75 FR 48603, Aug. 11, 2010]
(a) Each test lead wire must be con-
§ 192.467 External corrosion control: nected to the pipeline so as to remain
Electrical isolation. mechanically secure and electrically
(a) Each buried or submerged pipe- conductive.
line must be electrically isolated from (b) Each test lead wire must be at-
other underground metallic structures, tached to the pipeline so as to mini-
unless the pipeline and the other struc- mize stress concentration on the pipe.
tures are electrically interconnected (c) Each bared test lead wire and
and cathodically protected as a single bared metallic area at point of connec-
unit. tion to the pipeline must be coated
(b) One or more insulating devices with an electrical insulating material
must be installed where electrical iso- compatible with the pipe coating and
lation of a portion of a pipeline is nec- the insulation on the wire.
essary to facilitate the application of
corrosion control. § 192.473 External corrosion control:
Interference currents.
(c) Except for unprotected copper in-
serted in ferrous pipe, each pipeline (a) Each operator whose pipeline sys-
must be electrically isolated from me- tem is subjected to stray currents shall
tallic casings that are a part of the un- have in effect a continuing program to
derground system. However, if isola- minimize the detrimental effects of
tion is not achieved because it is im- such currents.
practical, other measures must be (b) Each impressed current type ca-
taken to minimize corrosion of the thodic protection system or galvanic
pipeline inside the casing. anode system must be designed and in-
(d) Inspection and electrical tests stalled so as to minimize any adverse
must be made to assure that electrical effects on existing adjacent under-
isolation is adequate. ground metallic structures.
(e) An insulating device may not be [Amdt. 192–4, 36 FR 12302, June 30, 1971, as
installed in an area where a combus- amended by Amdt. 192–33, 43 FR 39390, Sept.
tible atmosphere is anticipated unless 5, 1978]
457
§ 192.475 49 CFR Ch. I (10–1–15 Edition)
§ 192.475 Internal corrosion control: (b) Exceptions to applicability. The de-

General. sign and construction requirements of
(a) Corrosive gas may not be trans- paragraph (a) of this section do not
ported by pipeline, unless the corrosive apply to the following:
effect of the gas on the pipeline has (1) Offshore pipeline; and
been investigated and steps have been (2) Pipeline installed or line pipe,
taken to minimize internal corrosion. valve, fitting or other line component
(b) Whenever any pipe is removed replaced before May 23, 2007.
from a pipeline for any reason, the in- (c) Change to existing transmission line.
ternal surface must be inspected for When an operator changes the configu-
evidence of corrosion. If internal corro- ration of a transmission line, the oper-
sion is found— ator must evaluate the impact of the
(1) The adjacent pipe must be inves- change on internal corrosion risk to
tigated to determine the extent of in- the downstream portion of an existing
ternal corrosion; onshore transmission line and provide
(2) Replacement must be made to the for removal of liquids and monitoring
extent required by the applicable para- of internal corrosion as appropriate.
graphs of §§ 192.485, 192.487, or 192.489; (d) Records. An operator must main-
and tain records demonstrating compliance
(3) Steps must be taken to minimize with this section. Provided the records
the internal corrosion. show why incorporating design fea-
(c) Gas containing more than 0.25 tures addressing paragraph (a)(1),
grain of hydrogen sulfide per 100 cubic (a)(2), or (a)(3) of this section is im-
feet (5.8 milligrams/m.3) at standard practicable or unnecessary, an operator
conditions (4 parts per million) may may fulfill this requirement through
not be stored in pipe-type or bottle- written procedures supported by as-
type holders. built drawings or other construction
[Amdt. 192–4, 36 FR 12302, June 30, 1971, as records.
amended by Amdt. 192–33, 43 FR 39390, Sept.
[72 FR 20059, Apr. 23, 2007]
5, 1978; Amdt. 192–78, 61 FR 28785, June 6, 1996;
Amdt. 192–85, 63 FR 37504, July 13, 1998]
§ 192.477 Internal corrosion control:
§ 192.476 Internal corrosion control: Monitoring.
Design and construction of trans- If corrosive gas is being transported,
mission line. coupons or other suitable means must
(a) Design and construction. Except as be used to determine the effectiveness
provided in paragraph (b) of this sec- of the steps taken to minimize internal
tion, each new transmission line and corrosion. Each coupon or other means
each replacement of line pipe, valve, of monitoring internal corrosion must
fitting, or other line component in a be checked two times each calendar
transmission line must have features year, but with intervals not exceeding
incorporated into its design and con- 71⁄2 months.
struction to reduce the risk of internal
[Amdt. 192–33, 43 FR 39390, Sept. 5, 1978]
corrosion. At a minimum, unless it is
impracticable or unnecessary to do so,
§ 192.479 Atmospheric corrosion con-
each new transmission line or replace- trol: General.
ment of line pipe, valve, fitting, or
other line component in a transmission (a) Each operator must clean and
line must: coat each pipeline or portion of pipe-
(1) Be configured to reduce the risk line that is exposed to the atmosphere,
that liquids will collect in the line; except pipelines under paragraph (c) of
(2) Have effective liquid removal fea- this section.
tures whenever the configuration (b) Coating material must be suitable
would allow liquids to collect; and for the prevention of atmospheric cor-
(3) Allow use of devices for moni- rosion.
toring internal corrosion at locations (c) Except portions of pipelines in off-

with significant potential for internal shore splash zones or soil-to-air inter-
corrosion. faces, the operator need not protect
458
from atmospheric corrosion any pipe- must be cathodically protected in ac-

line for which the operator dem- cordance with this subpart.
onstrates by test, investigation, or ex-
perience appropriate to the environ- § 192.485 Remedial measures: Trans-
ment of the pipeline that corrosion mission lines.
will— (a) General corrosion. Each segment of
(1) Only be a light surface oxide; or transmission line with general corro-
(2) Not affect the safe operation of sion and with a remaining wall thick-
the pipeline before the next scheduled ness less than that required for the
inspection. MAOP of the pipeline must be replaced
[Amdt. 192–93, 68 FR 53901, Sept. 15, 2003] or the operating pressure reduced com-
mensurate with the strength of the
§ 192.481 Atmospheric corrosion con- pipe based on actual remaining wall
trol: Monitoring. thickness. However, corroded pipe may
(a) Each operator must inspect each be repaired by a method that reliable
pipeline or portion of pipeline that is engineering tests and analyses show
exposed to the atmosphere for evidence can permanently restore the service-
of atmospheric corrosion, as follows: ability of the pipe. Corrosion pitting so
closely grouped as to affect the overall
If the pipeline is lo- strength of the pipe is considered gen-
Then the frequency of inspection is:
cated:
eral corrosion for the purpose of this
Onshore ................. At least once every 3 calendar years, paragraph.
but with intervals not exceeding 39
months
(b) Localized corrosion pitting. Each
Offshore ................. At least once each calendar year, but segment of transmission line pipe with
with intervals not exceeding 15 localized corrosion pitting to a degree
months where leakage might result must be re-
placed or repaired, or the operating
(b) During inspections the operator pressure must be reduced commensu-
must give particular attention to pipe rate with the strength of the pipe,
at soil-to-air interfaces, under thermal
based on the actual remaining wall
insulation, under disbonded coatings,
thickness in the pits.
at pipe supports, in splash zones, at
(c) Under paragraphs (a) and (b) of
deck penetrations, and in spans over
this section, the strength of pipe based
water.
on actual remaining wall thickness
(c) If atmospheric corrosion is found
may be determined by the procedure in
during an inspection, the operator
ASME/ANSI B31G (incorporated by ref-
must provide protection against the
corrosion as required by § 192.479. erence, see § 192.7) or the procedure in
PRCI PR 3–805 (R–STRENG) (incor-
[Amdt. 192–93, 68 FR 53901, Sept. 15, 2003] porated by reference, see § 192.7). Both
procedures apply to corroded regions
§ 192.483 Remedial measures: General. that do not penetrate the pipe wall,
(a) Each segment of metallic pipe subject to the limitations prescribed in
that replaces pipe removed from a bur- the procedures.
ied or submerged pipeline because of
[Amdt. 192–4, 36 FR 12302, June 30, 1971, as
external corrosion must have a prop- amended by Amdt. 192–33, 43 FR 39390, Sept.
erly prepared surface and must be pro- 5, 1978; Amdt. 192–78, 61 FR 28785, June 6, 1996;
vided with an external protective coat- Amdt. 192–88, 64 FR 69664, Dec. 14, 1999; Amdt.
ing that meets the requirements of 192–119, 80 FR 181, Jan. 5, 2015]
§ 192.461.
(b) Each segment of metallic pipe § 192.487 Remedial measures: Distribu-
that replaces pipe removed from a bur- tion lines other than cast iron or
ied or submerged pipeline because of ductile iron lines.
external corrosion must be cathodi- (a) General corrosion. Except for cast
cally protected in accordance with this iron or ductile iron pipe, each segment
subpart. of generally corroded distribution line
(c) Except for cast iron or ductile pipe with a remaining wall thickness
iron pipe, each segment of buried or less than that required for the MAOP
submerged pipe that is required to be of the pipeline, or a remaining wall
repaired because of external corrosion thickness less than 30 percent of the
459
§ 192.489 49 CFR Ch. I (10–1–15 Edition)
nominal wall thickness, must be re- Threat Standard 1

placed. However, corroded pipe may be
Stress corrosion cracking ......................... § 192.929
repaired by a method that reliable en-
1 For lines not subject to subpart O of this part, the terms
gineering tests and analyses show can ‘‘covered segment’’ and ‘‘covered pipeline segment’’ in
permanently restore the serviceability §§ 192.925, 192.927, and 192.929 refer to the pipeline seg-
ment on which direct assessment is performed.
of the pipe. Corrosion pitting so closely 2 In § 192.925(b), the provision regarding detection of coat-
grouped as to affect the overall ing damage applies only to pipelines subject to subpart O of
this part.
strength of the pipe is considered gen-
eral corrosion for the purpose of this [Amdt. 192–101, 70 FR 61575, Oct. 25, 2005]
paragraph.
(b) Localized corrosion pitting. Except § 192.491 Corrosion control records.
for cast iron or ductile iron pipe, each (a) Each operator shall maintain
segment of distribution line pipe with records or maps to show the location of
localized corrosion pitting to a degree cathodically protected piping, cathodic
where leakage might result must be re- protection facilities, galvanic anodes,
placed or repaired. and neighboring structures bonded to
the cathodic protection system.
[Amdt. 192–4, 36 FR 12302, June 30, 1971, as Records or maps showing a stated num-
amended by Amdt. 192–88, 64 FR 69665, Dec.
ber of anodes, installed in a stated
14, 1999]
manner or spacing, need not show spe-
§ 192.489 Remedial measures: Cast cific distances to each buried anode.
iron and ductile iron pipelines. (b) Each record or map required by
paragraph (a) of this section must be
(a) General graphitization. Each seg- retained for as long as the pipeline re-
ment of cast iron or ductile iron pipe mains in service.
on which general graphitization is (c) Each operator shall maintain a
found to a degree where a fracture or record of each test, survey, or inspec-
any leakage might result, must be re- tion required by this subpart in suffi-
placed. cient detail to demonstrate the ade-
(b) Localized graphitization. Each seg- quacy of corrosion control measures or
ment of cast iron or ductile iron pipe that a corrosive condition does not
on which localized graphitization is exist. These records must be retained
found to a degree where any leakage for at least 5 years, except that records
might result, must be replaced or re- related to §§ 192.465 (a) and (e) and
paired, or sealed by internal sealing 192.475(b) must be retained for as long
methods adequate to prevent or arrest as the pipeline remains in service.
any leakage. [Amdt. 192–78, 61 FR 28785, June 6, 1996]
§ 192.490 Direct assessment.

Subpart J—Test Requirements
Each operator that uses direct as-
sessment as defined in § 192.903 on an § 192.501 Scope.
onshore transmission line made pri- This subpart prescribes minimum
marily of steel or iron to evaluate the leak-test and strength-test require-
effects of a threat in the first column ments for pipelines.
must carry out the direct assessment
according to the standard listed in the § 192.503 General requirements.
second column. These standards do not (a) No person may operate a new seg-
apply to methods associated with di- ment of pipeline, or return to service a
rect assessment, such as close interval segment of pipeline that has been relo-
surveys, voltage gradient surveys, or cated or replaced, until—
examination of exposed pipelines, when (1) It has been tested in accordance
used separately from the direct assess- with this subpart and § 192.619 to sub-
ment process. stantiate the maximum allowable oper-
ating pressure; and
Threat Standard 1 (2) Each potentially hazardous leak
External corrosion ..................................... § 192.925 2

has been located and eliminated.
Internal corrosion in pipelines that trans- § 192.927 (b) The test medium must be liquid,
port dry gas. air, natural gas, or inert gas that is—
460
(1) Compatible with the material of ate at a hoop stress of 30 percent or

which the pipeline is constructed; more of SMYS must be strength tested
(2) Relatively free of sedimentary in accordance with this section to sub-
materials; and stantiate the proposed maximum al-
(3) Except for natural gas, nonflam- lowable operating pressure. In addi-
mable. tion, in a Class 1 or Class 2 location, if
(c) Except as provided in § 192.505(a), there is a building intended for human
if air, natural gas, or inert gas is used occupancy within 300 feet (91 meters) of
as the test medium, the following max- a pipeline, a hydrostatic test must be
imum hoop stress limitations apply: conducted to a test pressure of at least
Maximum hoop stress allowed as per- 125 percent of maximum operating
centage of SMYS pressure on that segment of the pipe-
Class location
Natural gas Air or inert gas line within 300 feet (91 meters) of such
1 ......................... 80 80
a building, but in no event may the
2 ......................... 30 75 test section be less than 600 feet (183
3 ......................... 30 50 meters) unless the length of the newly
4 ......................... 30 40
installed or relocated pipe is less than
600 feet (183 meters). However, if the
(d) Each joint used to tie in a test
segment of pipeline is excepted from buildings are evacuated while the hoop
the specific test requirements of this stress exceeds 50 percent of SMYS, air
subpart, but each non-welded joint or inert gas may be used as the test
must be leak tested at not less than its medium.
operating pressure. (b) In a Class 1 or Class 2 location,
(e) If a component other than pipe is each compressor station regulator sta-
the only item being replaced or added tion, and measuring station, must be
to a pipeline, a strength test after in- tested to at least Class 3 location test
stallation is not required, if the manu- requirements.
facturer of the component certifies (c) Except as provided in paragraph
that: (e) of this section, the strength test
(1) The component was tested to at must be conducted by maintaining the
least the pressure required for the pipe- pressure at or above the test pressure
line to which it is being added; for at least 8 hours.
(2) The component was manufactured (d) For fabricated units and short
under a quality control system that en- sections of pipe, for which a post in-
sures that each item manufactured is
stallation test is impractical, a pre-
at least equal in strength to a proto-
installation strength test must be con-
type and that the prototype was tested
ducted by maintaining the pressure at
to at least the pressure required for the
pipeline to which it is being added; or or above the test pressure for at least
(3) The component carries a pressure 4 hours.
rating established through applicable [35 FR 13257, Aug. 19, 1970, as amended by
ASME/ANSI, Manufacturers Standard- Amdt. 192–85, 63 FR 37504, July 13, 1998;
ization Society of the Valve and Fit- Amdt. 192–94, 69 FR 32895, June 14, 2004;
tings Industry, Inc. (MSS) specifica- Amdt. 195–94, 69 FR 54592, Sept. 9, 2004; Amdt.
tions, or by unit strength calculations 192–120, 80 FR 12779, Mar. 11, 2015]
as described in § 192.143.
§ 192.507 Test requirements for pipe-
[35 FR 13257, Aug. 19, 1970, as amended by lines to operate at a hoop stress less
Amdt. 192–58, 53 FR 1635, Jan. 21, 1988; Amdt. than 30 percent of SMYS and at or
192–60, 53 FR 36029, Sept. 16, 1988; Amdt. 192– above 100 p.s.i. (689 kPa) gage.
60A, 54 FR 5485, Feb. 3, 1989; Amdt. 192–120, 80
FR 12779, Mar. 11, 2015] Except for service lines and plastic
pipelines, each segment of a pipeline
§ 192.505 Strength test requirements that is to be operated at a hoop stress
for steel pipeline to operate at a
hoop stress of 30 percent or more of less than 30 percent of SMYS and at or
SMYS. above 100 p.s.i. (689 kPa) gage must be
tested in accordance with the fol-

(a) Except for service lines, each seg-
lowing:
ment of a steel pipeline that is to oper-
461
§ 192.509 49 CFR Ch. I (10–1–15 Edition)
(a) The pipeline operator must use a erated at a pressure of at least 1 p.s.i.
test procedure that will ensure dis- (6.9 kPa) gage but not more than 40
covery of all potentially hazardous p.s.i. (276 kPa) gage must be given a
leaks in the segment being tested. leak test at a pressure of not less than
(b) If, during the test, the segment is 50 p.s.i. (345 kPa) gage.
to be stressed to 20 percent or more of (c) Each segment of a service line
SMYS and natural gas, inert gas, or air (other than plastic) intended to be op-
is the test medium— erated at pressures of more than 40
(1) A leak test must be made at a p.s.i. (276 kPa) gage must be tested to
pressure between 100 p.s.i. (689 kPa) at least 90 p.s.i. (621 kPa) gage, except
gage and the pressure required to that each segment of a steel service
produce a hoop stress of 20 percent of line stressed to 20 percent or more of
SMYS; or SMYS must be tested in accordance
(2) The line must be walked to check with § 192.507 of this subpart.
for leaks while the hoop stress is held
at approximately 20 percent of SMYS. [35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–74, 61 FR 18517, Apr. 26, 1996; Amdt.
(c) The pressure must be maintained
192–85, 63 FR 37504, July 13, 1998]
at or above the test pressure for at
least 1 hour. § 192.513 Test requirements for plastic
[35 FR 13257, Aug. 19, 1970, as amended by pipelines.
Amdt. 192–58, 53 FR 1635, Jan. 21, 1988; Amdt. (a) Each segment of a plastic pipeline
192–85, 63 FR 37504, July 13, 1998]
must be tested in accordance with this
§ 192.509 Test requirements for pipe- section.
lines to operate below 100 p.s.i. (689 (b) The test procedure must insure
kPa) gage. discovery of all potentially hazardous
Except for service lines and plastic leaks in the segment being tested.
pipelines, each segment of a pipeline (c) The test pressure must be at least
that is to be operated below 100 p.s.i. 150 percent of the maximum operating
(689 kPa) gage must be leak tested in pressure or 50 p.s.i. (345 kPa) gage,
accordance with the following: whichever is greater. However, the
(a) The test procedure used must en- maximum test pressure may not be
sure discovery of all potentially haz- more than three times the pressure de-
ardous leaks in the segment being test- termined under § 192.121, at a tempera-
ed. ture not less than the pipe temperature
(b) Each main that is to be operated during the test.
at less than 1 p.s.i. (6.9 kPa) gage must (d) During the test, the temperature
be tested to at least 10 p.s.i. (69 kPa) of thermoplastic material may not be
gage and each main to be operated at more than 100 °F (38 °C), or the tem-
or above 1 p.s.i. (6.9 kPa) gage must be perature at which the material’s long-
tested to at least 90 p.s.i. (621 kPa) term hydrostatic strength has been de-
gage. termined under the listed specification,
whichever is greater.
Amdt. 192–58, 53 FR 1635, Jan. 21, 1988; Amdt. [35 FR 13257, Aug. 19, 1970, as amended by
192–85, 63 FR 37504, July 13, 1998] Amdt. 192–77, 61 FR 27793, June 3, 1996; 61 FR
45905, Aug. 30, 1996; Amdt. 192–85, 63 FR 37504,
§ 192.511 Test requirements for service July 13, 1998]
lines.
(a) Each segment of a service line § 192.515 Environmental protection
(other than plastic) must be leak test- and safety requirements.
ed in accordance with this section be- (a) In conducting tests under this
fore being placed in service. If feasible, subpart, each operator shall insure
the service line connection to the main that every reasonable precaution is
must be included in the test; if not fea- taken to protect its employees and the
sible, it must be given a leakage test at general public during the testing.
the operating pressure when placed in Whenever the hoop stress of the seg-
service. ment of the pipeline being tested will

(b) Each segment of a service line exceed 50 percent of SMYS, the oper-
(other than plastic) intended to be op- ator shall take all practicable steps to
462
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
tain for the useful life of the pipeline, subpart, of all work performed, and of
a record of each test performed under each pressure test conducted, in con-
§§ 192.505 and 192.507. The record must nection with the uprating.
contain at least the following informa- (c) Written plan. Each operator who
tion: uprates a segment of pipeline shall es-
(1) The operator’s name, the name of tablish a written procedure that will
the operator’s employee responsible for ensure that each applicable require-
making the test, and the name of any ment of this subpart is complied with.
test company used. (d) Limitation on increase in maximum
(2) Test medium used. allowable operating pressure. Except as
(3) Test pressure. provided in § 192.555(c), a new maximum
(4) Test duration. allowable operating pressure estab-
(5) Pressure recording charts, or lished under this subpart may not ex-
other record of pressure readings. ceed the maximum that would be al-
(6) Elevation variations, whenever lowed under §§ 192.619 and 192.621 for a
significant for the particular test. new segment of pipeline constructed of
(7) Leaks and failures noted and their the same materials in the same loca-
disposition. tion. However, when uprating a steel
(b) Each operator must maintain a pipeline, if any variable necessary to
record of each test required by determine the design pressure under
§§ 192.509, 192.511, and 192.513 for at least the design formula (§ 192.105) is un-
5 years. known, the MAOP may be increased as
provided in § 192.619(a)(1).
Amdt. 192–93, 68 FR 53901, Sept. 15, 2003] [35 FR 13257, Aug. 10, 1970, as amended by
Amdt. 192–78, 61 FR 28785, June 6, 1996; Amdt.
192–93, 68 FR 53901, Sept. 15, 2003]
Subpart K—Uprating
§ 192.555 Uprating to a pressure that
§ 192.551 Scope. will produce a hoop stress of 30 per-
This subpart prescribes minimum recent or more of SMYS in steel pipe-
quirements for increasing maximum lines.
allowable operating pressures (a) Unless the requirements of this
(uprating) for pipelines. section have been met, no person may
subject any segment of a steel pipeline
§ 192.553 General requirements. to an operating pressure that will
(a) Pressure increases. Whenever the produce a hoop stress of 30 percent or
requirements of this subpart require more of SMYS and that is above the es-
that an increase in operating pressure tablished maximum allowable oper-
be made in increments, the pressure ating pressure.
must be increased gradually, at a rate (b) Before increasing operating pres-
that can be controlled, and in accord- sure above the previously established
ance with the following: maximum allowable operating pressure
(1) At the end of each incremental in- the operator shall:
crease, the pressure must be held con- (1) Review the design, operating, and
stant while the entire segment of pipe- maintenance history and previous test-
line that is affected is checked for ing of the segment of pipeline and de-
leaks. termine whether the proposed increase
463
§ 192.557 49 CFR Ch. I (10–1–15 Edition)
is safe and consistent with the require- § 192.557 Uprating: Steel pipelines to a
ments of this part; and pressure that will produce a hoop
(2) Make any repairs, replacements, stress less than 30 percent of SMYS:
or alterations in the segment of pipe- plastic, cast iron, and ductile iron
pipelines.
line that are necessary for safe oper-
ation at the increased pressure. (a) Unless the requirements of this
(c) After complying with paragraph section have been met, no person may
(b) of this section, an operator may in- subject:
crease the maximum allowable oper- (1) A segment of steel pipeline to an
ating pressure of a segment of pipeline operating pressure that will produce a
constructed before September 12, 1970, hoop stress less than 30 percent of
to the highest pressure that is per- SMYS and that is above the previously
mitted under § 192.619, using as test established maximum allowable oper-
pressure the highest pressure to which ating pressure; or
the segment of pipeline was previously (2) A plastic, cast iron, or ductile
iron pipeline segment to an operating
subjected (either in a strength test or
pressure that is above the previously
in actual operation).
established maximum allowable oper-
(d) After complying with paragraph ating pressure.
(b) of this section, an operator that (b) Before increasing operating pres-
does not qualify under paragraph (c) of sure above the previously established
this section may increase the pre- maximum allowable operating pres-
viously established maximum allow- sure, the operator shall:
able operating pressure if at least one (1) Review the design, operating, and
of the following requirements is met: maintenance history of the segment of
(1) The segment of pipeline is suc- pipeline;
cessfully tested in accordance with the (2) Make a leakage survey (if it has
requirements of this part for a new line been more than 1 year since the last
of the same material in the same loca- survey) and repair any leaks that are
tion. found, except that a leak determined
(2) An increased maximum allowable not to be potentially hazardous need
operating pressure may be established not be repaired, if it is monitored dur-
for a segment of pipeline in a Class 1 ing the pressure increase and it does
location if the line has not previously not become potentially hazardous;
been tested, and if: (3) Make any repairs, replacements,
(i) It is impractical to test it in ac- or alterations in the segment of pipe-
cordance with the requirements of this line that are necessary for safe oper-
part; ation at the increased pressure;
(ii) The new maximum operating (4) Reinforce or anchor offsets, bends
pressure does not exceed 80 percent of and dead ends in pipe joined by com-
that allowed for a new line of the same pression couplings or bell and spigot
design in the same location; and joints to prevent failure of the pipe
(iii) The operator determines that joint, if the offset, bend, or dead end is
the new maximum allowable operating exposed in an excavation;
pressure is consistent with the condi- (5) Isolate the segment of pipeline in
tion of the segment of pipeline and the which the pressure is to be increased
design requirements of this part. from any adjacent segment that will
(e) Where a segment of pipeline is continue to be operated at a lower
uprated in accordance with paragraph pressure; and
(6) If the pressure in mains or service
(c) or (d)(2) of this section, the increase
lines, or both, is to be higher than the
in pressure must be made in incre-
pressure delivered to the customer, in-
ments that are equal to:
stall a service regulator on each serv-
(1) 10 percent of the pressure before ice line and test each regulator to de-
the uprating; or termine that it is functioning. Pressure
(2) 25 percent of the total pressure in- may be increased as necessary to test
crease,
each regulator, after a regulator has

whichever produces the fewer number been installed on each pipeline subject
of increments. to the increased pressure.
464
(c) After complying with paragraph ascertained, the operator shall assume
(b) of this section, the increase in max- that cast iron pipe was supported on
imum allowable operating pressure blocks with tamped backfill and that
must be made in increments that are ductile iron pipe was laid without
equal to 10 p.s.i. (69 kPa) gage or 25 per- blocks with tamped backfill.
cent of the total pressure increase, (2) Unless the actual maximum cover
whichever produces the fewer number depth is known, the operator shall
of increments. Whenever the require- measure the actual cover in at least
ments of paragraph (b)(6) of this sec-
three places where the cover is most
tion apply, there must be at least two
approximately equal incremental in- likely to be greatest and shall use the
creases. greatest cover measured.
(d) If records for cast iron or ductile (3) Unless the actual nominal wall
iron pipeline facilities are not com- thickness is known, the operator shall
plete enough to determine stresses pro- determine the wall thickness by cut-
duced by internal pressure, trench ting and measuring coupons from at
loading, rolling loads, beam stresses, least three separate pipe lengths. The
and other bending loads, in evaluating coupons must be cut from pipe lengths
the level of safety of the pipeline when in areas where the cover depth is most
operating at the proposed increased likely to be the greatest. The average
pressure, the following procedures of all measurements taken must be in-
must be followed: creased by the allowance indicated in
(1) In estimating the stresses, if the the following table:
original laying conditions cannot be
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) .............................. ..............................
(4) For cast iron pipe, unless the pipe § 192.603 General provisions.
manufacturing process is known, the
(a) No person may operate a segment
operator shall assume that the pipe is
of pipeline unless it is operated in ac-
pit cast pipe with a bursting tensile
cordance with this subpart.
strength of 11,000 p.s.i. (76 MPa) gage
(b) Each operator shall keep records
and a modulus of rupture of 31,000 p.s.i.
necessary to administer the procedures
(214 MPa) gage.
established under § 192.605.
[35 FR 13257, Aug. 19, 1970, as amended by (c) The Associate Administrator or
Amdt. 192–37, 46 FR 10160, Feb. 2, 1981; Amdt. the State Agency that has submitted a
192–62, 54 FR 5628, Feb. 6, 1989; Amdt. 195–85, current certification under the pipeline
63 FR 37504, July 13, 1998]
safety laws, (49 U.S.C. 60101 et seq.) with
respect to the pipeline facility gov-
Subpart L—Operations erned by an operator’s plans and proce-
dures may, after notice and oppor-
§ 192.601 Scope. tunity for hearing as provided in 49
This subpart prescribes minimum re- CFR 190.206 or the relevant State pro-
quirements for the operation of pipe- cedures, require the operator to amend
line facilities.
465
§ 192.605 49 CFR Ch. I (10–1–15 Edition)
its plans and procedures as necessary or sections of pipe and for purging be-
to provide a reasonable level of safety. fore returning to service.
(7) Starting, operating and shutting
Amdt. 192–66, 56 FR 31090, July 9, 1991; Amdt.
down gas compressor units.
192–71, 59 FR 6584, Feb. 11, 1994; Amdt. 192–75, (8) Periodically reviewing the work
61 FR 18517, Apr. 26, 1996; Amdt. 192–118, 78 done by operator personnel to deter-
FR 58915, Sept. 25, 2013] mine the effectiveness, and adequacy of
the procedures used in normal oper-
§ 192.605 Procedural manual for operation and maintenance and modifying
ations, maintenance, and emer- the procedures when deficiencies are
gencies. found.
(a) General. Each operator shall pre- (9) Taking adequate precautions in
pare and follow for each pipeline, a excavated trenches to protect per-
manual of written procedures for con- sonnel from the hazards of unsafe accu-
ducting operations and maintenance mulations of vapor or gas, and making
activities and for emergency response. available when needed at the exca-
For transmission lines, the manual vation, emergency rescue equipment,
must also include procedures for han- including a breathing apparatus and, a
dling abnormal operations. This man- rescue harness and line.
ual must be reviewed and updated by (10) Systematic and routine testing
the operator at intervals not exceeding and inspection of pipe-type or bottle-
15 months, but at least once each cal- type holders including—
endar year. This manual must be pre- (i) Provision for detecting external
pared before operations of a pipeline corrosion before the strength of the
system commence. Appropriate parts container has been impaired;
of the manual must be kept at loca- (ii) Periodic sampling and testing of
tions where operations and mainte- gas in storage to determine the dew
nance activities are conducted. point of vapors contained in the stored
gas which, if condensed, might cause
(b) Maintenance and normal oper-
internal corrosion or interfere with the
ations. The manual required by para-
safe operation of the storage plant; and
graph (a) of this section must include
(iii) Periodic inspection and testing
procedures for the following, if applica-
of pressure limiting equipment to de-
ble, to provide safety during mainte-
termine that it is in safe operating
nance and operations.
condition and has adequate capacity.
(1) Operating, maintaining, and re-
(11) Responding promptly to a report
pairing the pipeline in accordance with
of a gas odor inside or near a building,
each of the requirements of this sub- unless the operator’s emergency proce-
part and subpart M of this part. dures under § 192.615(a)(3) specifically
(2) Controlling corrosion in accord- apply to these reports.
ance with the operations and mainte- (12) Implementing the applicable con-
nance requirements of subpart I of this trol room management procedures re-
part. quired by § 192.631.
(3) Making construction records, (c) Abnormal operation. For trans-
maps, and operating history available mission lines, the manual required by
to appropriate operating personnel. paragraph (a) of this section must in-
(4) Gathering of data needed for re- clude procedures for the following to
porting incidents under Part 191 of this provide safety when operating design
chapter in a timely and effective man- limits have been exceeded:
ner. (1) Responding to, investigating, and
(5) Starting up and shutting down correcting the cause of:
any part of the pipeline in a manner (i) Unintended closure of valves or
designed to assure operation within the shutdowns;
MAOP limits prescribed by this part, (ii) Increase or decrease in pressure
plus the build-up allowed for operation or flow rate outside normal operating
of pressure-limiting and control de- limits;
vices. (iii) Loss of communications;

(6) Maintaining compressor stations, (iv) Operation of any safety device;
including provisions for isolating units and
466
(v) Any other foreseeable malfunc- location, the operator shall imme-
tion of a component, deviation from diately make a study to determine:
normal operation, or personnel error, (a) The present class location for the
which may result in a hazard to per- segment involved.
sons or property. (b) The design, construction, and
(2) Checking variations from normal testing procedures followed in the
operation after abnormal operation has original construction, and a compari-
ended at sufficient critical locations in son of these procedures with those re-
the system to determine continued in- quired for the present class location by
tegrity and safe operation. the applicable provisions of this part.
(3) Notifying responsible operator (c) The physical condition of the seg-
personnel when notice of an abnormal ment to the extent it can be
operation is received. ascertained from available records;
(4) Periodically reviewing the re- (d) The operating and maintenance
sponse of operator personnel to deter- history of the segment;
mine the effectiveness of the proce- (e) The maximum actual operating
dures controlling abnormal operation pressure and the corresponding oper-
and taking corrective action where de- ating hoop stress, taking pressure gra-
ficiencies are found. dient into account, for the segment of
(5) The requirements of this para- pipeline involved; and
graph (c) do not apply to natural gas (f) The actual area affected by the
distribution operators that are oper- population density increase, and phys-
ating transmission lines in connection ical barriers or other factors which
with their distribution system. may limit further expansion of the
(d) Safety-related condition reports. more densely populated area.
The manual required by paragraph (a)
of this section must include instruc- § 192.611 Change in class location:
tions enabling personnel who perform Confirmation or revision of max-
operation and maintenance activities imum allowable operating pressure.
to recognize conditions that poten- (a) If the hoop stress corresponding
tially may be safety-related conditions to the established maximum allowable
that are subject to the reporting re- operating pressure of a segment of
quirements of § 191.23 of this sub- pipeline is not commensurate with the
chapter. present class location, and the segment
(e) Surveillance, emergency response, is in satisfactory physical condition,
and accident investigation. The proce- the maximum allowable operating
dures required by §§ 192.613(a), 192.615, pressure of that segment of pipeline
and 192.617 must be included in the must be confirmed or revised according
manual required by paragraph (a) of to one of the following requirements:
this section. (1) If the segment involved has been
previously tested in place for a period
[Amdt. 192–71, 59 FR 6584, Feb. 11, 1994, as
amended by Amdt. 192–71A, 60 FR 14381, Mar.
of not less than 8 hours:
17, 1995; Amdt. 192–93, 68 FR 53901, Sept. 15, (i) The maximum allowable operating
2003; Amdt. 192–112, 74 FR 63327, Dec. 3, 2009] pressure is 0.8 times the test pressure
in Class 2 locations, 0.667 times the test
§ 192.607 [Reserved] pressure in Class 3 locations, or 0.555
times the test pressure in Class 4 loca-
§ 192.609 Change in class location: Re- tions. The corresponding hoop stress
quired study. may not exceed 72 percent of the SMYS
Whenever an increase in population of the pipe in Class 2 locations, 60 per-
density indicates a change in class lo- cent of SMYS in Class 3 locations, or 50
cation for a segment of an existing percent of SMYS in Class 4 locations.
steel pipeline operating at hoop stress (ii) The alternative maximum allow-
that is more than 40 percent of SMYS, able operating pressure is 0.8 times the
or indicates that the hoop stress cor- test pressure in Class 2 locations and
responding to the established max- 0.667 times the test pressure in Class 3
imum allowable operating pressure for locations. For pipelines operating at

a segment of existing pipeline is not alternative maximum allowable pres-
commensurate with the present class sure per § 192.620, the corresponding
467
§ 192.612 49 CFR Ch. I (10–1–15 Edition)
hoop stress may not exceed 80 percent graph (a) (1) or (2) of this section with-
of the SMYS of the pipe in Class 2 loca- in the 24-month period does not pre-
tions and 67 percent of SMYS in Class clude establishing a maximum allow-
3 locations. able operating pressure under para-
(2) The maximum allowable oper- graph (a)(3) of this section at a later
ating pressure of the segment involved date.
must be reduced so that the cor-
[Amdt. 192–63A, 54 FR 24174, June 6, 1989, as
responding hoop stress is not more
amended by Amdt. 192–78, 61 FR 28785, June
than that allowed by this part for new 6, 1996; Amdt. 192–94, 69 FR 32895, June 14,
segments of pipelines in the existing 2004; 73 FR 62177, Oct. 17, 2008]
class location.
(3) The segment involved must be § 192.612 Underwater inspection and
tested in accordance with the applica- reburial of pipelines in the Gulf of
ble requirements of subpart J of this Mexico and its inlets.
part, and its maximum allowable oper- (a) Each operator shall prepare and
ating pressure must then be estab- follow a procedure to identify its pipe-
lished according to the following cri- lines in the Gulf of Mexico and its in-
teria: lets in waters less than 15 feet (4.6 me-
(i) The maximum allowable operating ters) deep as measured from mean low
pressure after the requalification test water that are at risk of being an ex-
is 0.8 times the test pressure for Class posed underwater pipeline or a hazard
2 locations, 0.667 times the test pres-
to navigation. The procedures must be
sure for Class 3 locations, and 0.555
in effect August 10, 2005.
times the test pressure for Class 4 loca-
(b) Each operator shall conduct ap-
tions.
(ii) The corresponding hoop stress propriate periodic underwater inspec-
may not exceed 72 percent of the SMYS tions of its pipelines in the Gulf of
of the pipe in Class 2 locations, 60 per- Mexico and its inlets in waters less
cent of SMYS in Class 3 locations, or 50 than 15 feet (4.6 meters) deep as meas-
percent of SMYS in Class 4 locations. ured from mean low water based on the
(iii) For pipeline operating at an al- identified risk.
ternative maximum allowable oper- (c) If an operator discovers that its
ating pressure per § 192.620, the alter- pipeline is an exposed underwater pipe-
native maximum allowable operating line or poses a hazard to navigation,
pressure after the requalification test the operator shall—
is 0.8 times the test pressure for Class (1) Promptly, but not later than 24
2 locations and 0.667 times the test hours after discovery, notify the Na-
pressure for Class 3 locations. The cor- tional Response Center, telephone: 1–
responding hoop stress may not exceed 800–424–8802, of the location and, if
80 percent of the SMYS of the pipe in available, the geographic coordinates
Class 2 locations and 67 percent of of that pipeline.
SMYS in Class 3 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
confirmation or revision. a pipeline segment less than 200 yards
(c) Confirmation or revision of the (183 meters) long need only be marked
maximum allowable operating pressure at the center; and
of a segment of pipeline in accordance (3) Within 6 months after discovery,
with this section does not preclude the or not later than November 1 of the fol-
application of §§ 192.553 and 192.555. lowing year if the 6 month period is
(d) Confirmation or revision of the later than November 1 of the year of
maximum allowable operating pressure discovery, bury the pipeline so that the
that is required as a result of a study top of the pipe is 36 inches (914 milli-
under § 192.609 must be completed with- meters) below the underwater natural
in 24 months of the change in class lo- bottom (as determined by recognized
cation. Pressure reduction under para- and generally accepted practices) for
468
normal excavation or 18 inches (457 is a qualified one-call system. In areas

millimeters) for rock excavation. that are covered by more than one
(i) An operator may employ engi- qualified one-call system, an operator
neered alternatives to burial that meet need only join one of the qualified one-
or exceed the level of protection pro- call systems if there is a central tele-
vided by burial. phone number for excavators to call for
(ii) If an operator cannot obtain re- excavation activities, or if the one-call
quired state or Federal permits in time systems in those areas communicate
to comply with this section, it must with one another. An operator’s pipe-
notify OPS; specify whether the re- line system must be covered by a quali-
quired permit is State or Federal; and, fied one-call system where there is one
justify the delay. 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
‘‘qualified one-call system’’ if it meets
§ 192.613 Continuing surveillance. 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 (1) The state has adopted a one-call
facilities to determine and take appro- damage prevention program under
priate action concerning changes in § 198.37 of this chapter; or
class location, failures, leakage his- (2) The one-call system:
tory, corrosion, substantial changes in (i) Is operated in accordance with
cathodic protection requirements, and § 198.39 of this chapter;
other unusual operating and mainte- (ii) Provides a pipeline operator an
nance conditions. opportunity similar to a voluntary par-
(b) If a segment of pipeline is deter- ticipant to have a part in management
mined to be in unsatisfactory condition responsibilities; and
but no immediate hazard exists, the op- (iii) Assesses a participating pipeline
erator shall initiate a program to re- operator a fee that is proportionate to
condition or phase out the segment in- the costs of the one-call system’s cov-
volved, or, if the segment cannot be re- erage of the operator’s pipeline.
conditioned or phased out, reduce the (c) The damage prevention program
maximum allowable operating pressure required by paragraph (a) of this sec-
in accordance with § 192.619 (a) and (b). tion must, at a minimum:
(1) Include the identity, on a current
§ 192.614 Damage prevention program. basis, of persons who normally engage
(a) Except as provided in paragraphs in excavation activities in the area in
(d) and (e) of this section, each oper- which the pipeline is located.
ator of a buried pipeline must carry (2) Provides for notification of the
out, in accordance with this section, a public in the vicinity of the pipeline
written program to prevent damage to and actual notification of the persons
that pipeline from excavation activi- identified in paragraph (c)(1) of this
ties. For the purposes of this section, section of the following as often as
the term ‘‘excavation activities’’ in- needed to make them aware of the
cludes excavation, blasting, boring, damage prevention program:
tunneling, backfilling, the removal of (i) The program’s existence and pur-
aboveground structures by either ex- pose; and
plosive or mechanical means, and other (ii) How to learn the location of un-
earthmoving operations. derground pipelines before excavation
(b) An operator may comply with any activities are begun.
of the requirements of paragraph (c) of (3) Provide a means of receiving and
this section through participation in a recording notification of planned exca-
public service program, such as a one- vation activities.
call system, but such participation (4) If the operator has buried pipe-
does not relieve the operator of respon- lines in the area of excavation activity,
sibility for compliance with this sec- provide for actual notification of per-
tion. However, an operator must persons who give notice of their intent to
form the duties of paragraph (c)(3) of excavate of the type of temporary

this section through participation in a marking to be provided and how to
one-call system, if that one-call system identify the markings.
469
§ 192.615 49 CFR Ch. I (10–1–15 Edition)
(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- (5) Actions directed toward pro-
rity of the pipeline; and tecting people first and then property.
(ii) In the case of blasting, any in- (6) Emergency shutdown and pressure
spection must include leakage surveys. reduction in any section of the opera-
(d) A damage prevention program tor’s pipeline system necessary to min-
under this section is not required for imize hazards to life or property.
the following pipelines:
(7) Making safe any actual or poten-
(1) Pipelines located offshore. tial hazard to life or property.
(2) Pipelines, other than those lo- (8) Notifying appropriate fire, police,
cated offshore, in Class 1 or 2 locations and other public officials of gas pipe-
until September 20, 1995.
line emergencies and coordinating with
(3) Pipelines to which access is phys- them both planned responses and ac-
ically controlled by the operator. tual responses during an emergency.
(e) Pipelines operated by persons (9) Safely restoring any service out-
other than municipalities (including age.
operators of master meters) whose pri-
(10) Beginning action under § 192.617,
mary activity does not include the
if applicable, as soon after the end of
transportation of gas need not comply
the emergency as possible.
with the following:
(1) The requirement of paragraph (a) (11) Actions required to be taken by a
of this section that the damage preven- controller during an emergency in ac-
tion program be written; and cordance with § 192.631.
(2) The requirements of paragraphs (b) Each operator shall:
(c)(1) and (c)(2) of this section. (1) Furnish its supervisors who are
responsible for emergency action a
[Amdt. 192–40, 47 FR 13824, Apr. 1, 1982, as copy of that portion of the latest edi-
amended by Amdt. 192–57, 52 FR 32800, Aug. tion of the emergency procedures es-
31, 1987; Amdt. 192–73, 60 FR 14650, Mar. 20,
1995; Amdt. 192–78, 61 FR 28785, June 6, 1996;
tablished under paragraph (a) of this
Amdt.192–82, 62 FR 61699, Nov. 19, 1997; Amdt. section as necessary for compliance
192–84, 63 FR 38758, July 20, 1998] with those procedures.
(2) Train the appropriate operating
§ 192.615 Emergency plans. personnel to assure that they are
(a) Each operator shall establish knowledgeable of the emergency proce-
written procedures to minimize the dures and verify that the training is ef-
hazard resulting from a gas pipeline fective.
emergency. At a minimum, the proce- (3) Review employee activities to de-
dures must provide for the following: termine whether the procedures were
(1) Receiving, identifying, and effectively followed in each emergency.
classifying notices of events which re- (c) Each operator shall establish and
quire immediate response by the oper- maintain liaison with appropriate fire,
ator. police, and other public officials to:
(2) Establishing and maintaining ade- (1) Learn the responsibility and re-
quate means of communication with sources of each government organiza-
appropriate fire, police, and other pub- tion that may respond to a gas pipeline
lic officials. emergency;
(3) Prompt and effective response to a (2) Acquaint the officials with the op-
notice of each type of emergency, in- erator’s ability in responding to a gas
cluding the following: pipeline emergency;
470
(3) Identify the types of gas pipeline (f) The program and the media used
emergencies of which the operator no- must be as comprehensive as necessary
tifies the officials; and to reach all areas in which the operator
(4) Plan how the operator and offi- transports gas.
cials can engage in mutual assistance (g) The program must be conducted
to minimize hazards to life or property. in English and in other languages com-
[Amdt. 192–24, 41 FR 13587, Mar. 31, 1976, as monly understood by a significant
amended by Amdt. 192–71, 59 FR 6585, Feb. 11, number and concentration of the non-
1994; Amdt. 192–112, 74 FR 63327, Dec. 3, 2009] English speaking population in the op-
erator’s area.
§ 192.616 Public awareness. (h) Operators in existence on June 20,
(a) Except for an operator of a master 2005, must have completed their writ-
meter or petroleum gas system covered ten programs no later than June 20,
under paragraph (j) of this section, 2006. The operator of a master meter or
each pipeline operator must develop petroleum gas system covered under
and implement a written continuing paragraph (j) of this section must com-
public education program that follows plete development of its written proce-
the guidance provided in the American dure by June 13, 2008. Upon request, op-
Petroleum Institute’s (API) Rec- erators must submit their completed
ommended Practice (RP) 1162 (incor- programs to PHMSA or, in the case of
porated by reference, see § 192.7). an intrastate pipeline facility operator,
(b) The operator’s program must fol- the appropriate State agency.
low the general program recommenda-
(i) The operator’s program docu-
tions of API RP 1162 and assess the
mentation and evaluation results must
unique attributes and characteristics
of the operator’s pipeline and facilities. be available for periodic review by ap-
(c) The operator must follow the gen- propriate regulatory agencies.
eral program recommendations, includ- (j) Unless the operator transports gas
ing baseline and supplemental require- as a primary activity, the operator of a
ments of API RP 1162, unless the oper- master meter or petroleum gas system
ator provides justification in its pro- is not required to develop a public
gram or procedural manual as to why awareness program as prescribed in
compliance with all or certain provi- paragraphs (a) through (g) of this sec-
sions of the recommended practice is tion. Instead the operator must develop
not practicable and not necessary for and implement a written procedure to
safety. provide its customers public awareness
(d) The operator’s program must spe- messages twice annually. If the master
cifically include provisions to educate meter or petroleum gas system is lo-
the public, appropriate government or- cated on property the operator does
ganizations, and persons engaged in ex- not control, the operator must provide
cavation related activities on: similar messages twice annually to
(1) Use of a one-call notification sys- persons controlling the property. The
tem prior to excavation and other dam- public awareness message must in-
age prevention activities; clude:
(2) Possible hazards associated with (1) A description of the purpose and
unintended releases from a gas pipeline reliability of the pipeline;
facility; (2) An overview of the hazards of the
(3) Physical indications that such a pipeline and prevention measures used;
release may have occurred;
(3) Information about damage preven-
(4) Steps that should be taken for
tion;
public safety in the event of a gas pipe-
line release; and (4) How to recognize and respond to a
leak; and
(5) Procedures for reporting such an
event. (5) How to get additional informa-
(e) The program must include activi- tion.
ties to advise affected municipalities, [Amdt. 192–100, 70 FR 28842, May 19, 2005; 70
school districts, businesses, and resi- FR 35041, June 16, 2005; 72 FR 70810, Dec. 13,
dents of pipeline facility locations. 2007]
471
§ 192.617 49 CFR Ch. I (10–1–15 Edition)
§ 192.617 Investigation of failures. (2) The pressure obtained by dividing

Each operator shall establish proce- the pressure to which the segment was
dures for analyzing accidents and fail- tested after construction as follows:
ures, including the selection of samples (i) For plastic pipe in all locations,
of the failed facility or equipment for the test pressure is divided by a factor
laboratory examination, where appro- of 1.5.
priate, for the purpose of determining (ii) For steel pipe operated at 100
the causes of the failure and mini- p.s.i. (689 kPa) gage or more, the test
mizing the possibility of a recurrence. pressure is divided by a factor deter-
mined in accordance with the following
§ 192.619 Maximum allowable oper- table:
ating pressure: Steel or plastic pipe-
lines. Factors 1, segment—
(a) No person may operate a segment Installed
Class location Installed Converted
of steel or plastic pipeline at a pressure before after (Nov. under
(Nov. 12,
that exceeds a maximum allowable op- 1970) 11, 1970) § 192.14
erating pressure determined under
paragraph (c) or (d) of this section, or 1 ............................... 1.1 1.1 1.25
2 ............................... 1.25 1.25 1.25
the lowest of the following:
3 ............................... 1.4 1.5 1.5
(1) The design pressure of the weak- 4 ............................... 1.4 1.5 1.5
est element in the segment, deter-
1 For offshore segments installed, uprated or converted after
mined in accordance with subparts C July 31, 1977, that are not located on an offshore platform,
and D of this part. However, for steel the factor is 1.25. For segments installed, uprated or con-
pipe in pipelines being converted under verted after July 31, 1977, that are located on an offshore
platform or on a platform in inland navigable waters, including
§ 192.14 or uprated under subpart K of a pipe riser, the factor is 1.5.
this part, if any variable necessary to
(3) The highest actual operating pres-
determine the design pressure under
the design formula (§ 192.105) is un- sure to which the segment was sub-
known, one of the following pressures jected during the 5 years preceding the
is to be used as design pressure: applicable date in the second column.
(i) Eighty percent of the first test This pressure restriction applies unless
pressure that produces yield under sec- the segment was tested according to
tion N5 of Appendix N of ASME B31.8 the requirements in paragraph (a)(2) of
(incorporated by reference, see § 192.7), this section after the applicable date in
reduced by the appropriate factor in the third column or the segment was
paragraph (a)(2)(ii) of this section; or uprated according to the requirements
(ii) If the pipe is 123⁄4 inches (324 mm) in subpart K of this part:
or less in outside diameter and is not
tested to yield under this paragraph,
200 p.s.i. (1379 kPa).
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 tion is applicable, unless over-pressure

operator to be the maximum safe pres- protective devices are installed on the
sure after considering the history of segment in a manner that will prevent
the segment, particularly known corro- the maximum allowable operating
sion and the actual operating pressure. pressure from being exceeded, in ac-
(b) No person may operate a segment cordance with § 192.195.

to which paragraph (a)(4) of this sec-
472
(c) The requirements on pressure re- (2) The alternative maximum allow-
strictions in this section do not apply able operating pressure is the lower of
in the following instance. An operator the following:
may operate a segment of pipeline (i) The design pressure of the weakest
found to be in satisfactory condition, element in the pipeline segment, deter-
considering its operating and mainte- mined under subparts C and D of this
nance history, at the highest actual op- part.
erating pressure to which the segment (ii) The pressure obtained by dividing
was subjected during the 5 years pre- the pressure to which the pipeline seg-
ceding the applicable date in the sec- ment was tested after construction by
ond column of the table in paragraph a factor determined in the following
(a)(3) of this section. An operator must table:
still comply with § 192.611. Alternative test
Class location
(d) The operator of a pipeline seg- factor
ment of steel pipeline meeting the con- 1 ..................................................................... 1.25
ditions prescribed in § 192.620(b) may 2 ..................................................................... 1 1.50
elect to operate the segment at a max- 3 ..................................................................... 1.50

imum allowable operating pressure de- 1 For Class 2 alternative maximum allowable operating
termined under § 192.620(a). pressure segments installed prior to December 22, 2008 the
alternative test factor is 1.25.
[35 FR 13257, Aug. 19, 1970] (b) When may an operator use the alter-
EDITORIAL NOTE: For FEDERAL REGISTER ci- native maximum allowable operating pres-
tations affecting § 192.619, see the List of CFR sure calculated under paragraph (a) of
Sections Affected, which appears in the this section? An operator may use an al-
Finding Aids section of the printed volume ternative maximum allowable oper-
and at www.fdsys.gov. ating pressure calculated under para-
graph (a) of this section if the fol-
§ 192.620 Alternative maximum allow- lowing conditions are met:
able operating pressure for certain
(1) The pipeline segment is in a Class
steel pipelines.
1, 2, or 3 location;
(a) How does an operator calculate the (2) The pipeline segment is con-
alternative maximum allowable operating structed of steel pipe meeting the addi-
pressure? An operator calculates the al- tional design requirements in § 192.112;
ternative maximum allowable oper- (3) A supervisory control and data ac-
ating pressure by using different fac- quisition system provides remote mon-
tors in the same formulas used for cal- itoring and control of the pipeline seg-
culating maximum allowable operating ment. The control provided must in-
pressure under § 192.619(a) as follows: clude monitoring of pressures and
(1) In determining the alternative de- flows, monitoring compressor start-ups
sign pressure under § 192.105, use a de- and shut-downs, and remote closure of
sign factor determined in accordance valves per paragraph (d)(3) of this sec-
with § 192.111(b), (c), or (d) or, if none of tion;
these paragraphs apply, in accordance (4) The pipeline segment meets the
with the following table: additional construction requirements
described in § 192.328;
Class location Alternative de- (5) The pipeline segment does not
sign factor (F)
contain any mechanical couplings used
1 ..................................................................... 0.80 in place of girth welds;
2 ..................................................................... 0.67 (6) If a pipeline segment has been pre-
3 ..................................................................... 0.56 viously operated, the segment has not
experienced any failure during normal
(i) For facilities installed prior to De- operations indicative of a systemic
cember 22, 2008, for which § 192.111(b), fault in material as determined by a
(c), or (d) applies, use the following de- root cause analysis, including met-
sign factors as alternatives for the fac- allurgical examination of the failed
tors specified in those paragraphs: pipe. The results of this root cause
§ 192.111(b)¥0.67 or less; 192.111(c) and
analysis must be reported to each

(d)¥0.56 or less. PHMSA pipeline safety regional office
(ii) [Reserved] where the pipeline is in service at least
473
§ 192.620 49 CFR Ch. I (10–1–15 Edition)
60 days prior to operation at the alter- must also send a copy to a State pipe-
native MAOP. An operator must also line safety authority when the pipeline
notify a State pipeline safety authority is located in a State where PHMSA has
when the pipeline is located in a State an interstate agent agreement, or an
where PHMSA has an interstate agent intrastate pipeline is regulated by that
agreement, or an intrastate pipeline is State.
regulated by that State; and (4) For each pipeline segment, do one
(7) At least 95 percent of girth welds of the following:
on a segment that was constructed (i) Perform a strength test as de-
prior to December 22, 2008, must have scribed in § 192.505 at a test pressure
been non-destructively examined in ac- calculated under paragraph (a) of this
cordance with § 192.243(b) and (c). section or
(c) What is an operator electing to use (ii) For a pipeline segment in exist-
the alternative maximum allowable oper- ence prior to December 22, 2008, certify,
ating pressure required to do? If an oper- under paragraph (c)(2) of this section,
ator elects to use the alternative max- that the strength test performed under
imum allowable operating pressure cal- § 192.505 was conducted at test pressure
culated under paragraph (a) of this sec- calculated under paragraph (a) of this
tion for a pipeline segment, the oper- section, or conduct a new strength test
ator must do each of the following: in accordance with paragraph (c)(4)(i)
(1) For pipelines already in service, of this section.
notify the PHMSA pipeline safety re- (5) Comply with the additional oper-
gional office where the pipeline is in ation and maintenance requirements
service of the intention to use the al- described in paragraph (d) of this sec-
ternative pressure at least 180 days be- tion.
fore operating at the alternative (6) If the performance of a construc-
MAOP. For new pipelines, notify the tion task associated with imple-
PHMSA pipeline safety regional office menting alternative MAOP that occurs
of planned alternative MAOP design after December 22, 2008, can affect the
and operation at least 60 days prior to integrity of the pipeline segment, treat
the earliest start date of either pipe that task as a ‘‘covered task’’, notwith-
manufacturing or construction activi- standing the definition in § 192.801(b)
ties. An operator must also notify the and implement the requirements of
state pipeline safety authority when subpart N as appropriate.
the pipeline is located in a state where (7) Maintain, for the useful life of the
PHMSA has an interstate agent agree- pipeline, records demonstrating com-
ment or where an intrastate pipeline is pliance with paragraphs (b), (c)(6), and
regulated by that state. (d) of this section.
(2) Certify, by signature of a senior (8) A Class 1 and Class 2 location can
executive officer of the company, as be upgraded one class due to class
follows: changes per § 192.611(a). All class loca-
(i) The pipeline segment meets the tion changes from Class 1 to Class 2
conditions described in paragraph (b) of and from Class 2 to Class 3 must have
this section; and all anomalies evaluated and remedi-
(ii) The operating and maintenance ated per: The ‘‘original pipeline class
procedures include the additional oper- grade’’ § 192.620(d)(11) anomaly repair
ating and maintenance requirements of requirements; and all anomalies with a
paragraph (d) of this section; and wall loss equal to or greater than 40
(iii) The review and any needed pro- percent must be excavated and remedi-
gram upgrade of the damage preven- ated. Pipelines in Class 4 may not oper-
tion program required by paragraph ate at an alternative MAOP.
(d)(4)(v) of this section has been com- (d) What additional operation and
pleted. maintenance requirements apply to oper-
(3) Send a copy of the certification ation at the alternative maximum allow-
required by paragraph (c)(2) of this sec- able operating pressure? In addition to
tion to each PHMSA pipeline safety re- compliance with other applicable safe-
gional office where the pipeline is in ty standards in this part, if an operator

service 30 days prior to operating at establishes a maximum allowable oper-
the alternative MAOP. An operator ating pressure for a pipeline segment
474
under paragraph (a) of this section, an tional operation and maintenance re-
operator must comply with the addi- quirements as follows:
To address increased risk of a
maximum allowable operating
pressure based on higher Take the following additional step:
stress levels in the following
areas:
(1) Identifying and evaluating Develop a threat matrix consistent with § 192.917 to do the following:
threats. (i) Identify and compare the increased risk of operating the pipeline at the increased stress
level under this section with conventional operation; and
(ii) Describe and implement procedures used to mitigate the risk.
(2) Notifying the public ............. (i) Recalculate the potential impact circle as defined in § 192.903 to reflect use of the alter-
native maximum operating pressure calculated under paragraph (a) of this section and pipe-
line operating conditions; and
(ii) In implementing the public education program required under § 192.616, perform the fol-
lowing:
(A) Include persons occupying property within 220 yards of the centerline and within the po-
tential impact circle within the targeted audience; and
(B) Include information about the integrity management activities performed under this section
within the message provided to the audience.
(3) Responding to an emer- (i) Ensure that the identification of high consequence areas reflects the larger potential impact
gency in an area defined as circle recalculated under paragraph (d)(2)(i) of this section.
a high consequence area in
§ 192.903.
(ii) If personnel response time to mainline valves on either side of the high consequence area
exceeds one hour (under normal driving conditions and speed limits) from the time the event
is identified in the control room, provide remote valve control through a supervisory control
and data acquisition (SCADA) system, other leak detection system, or an alternative method
of control.
(iii) Remote valve control must include the ability to close and monitor the valve position (open
or closed), and monitor pressure upstream and downstream.
(iv) A line break valve control system using differential pressure, rate of pressure drop or other
widely-accepted method is an acceptable alternative to remote valve control.
(4) Protecting the right-of-way .. (i) Patrol the right-of-way at intervals not exceeding 45 days, but at least 12 times each cal-
endar year, to inspect for excavation activities, ground movement, wash outs, leakage, or
other activities or conditions affecting the safety operation of the pipeline.
(ii) Develop and implement a plan to monitor for and mitigate occurrences of unstable soil and
ground movement.
(iii) If observed conditions indicate the possible loss of cover, perform a depth of cover study
and replace cover as necessary to restore the depth of cover or apply alternative means to
provide protection equivalent to the originally-required depth of cover.
(iv) Use line-of-sight line markers satisfying the requirements of § 192.707(d) except in agricul-
tural areas, large water crossings or swamp, steep terrain, or where prohibited by Federal
Energy Regulatory Commission orders, permits, or local law.
(v) Review the damage prevention program under § 192.614(a) in light of national consensus
practices, to ensure the program provides adequate protection of the right-of-way. Identify
the standards or practices considered in the review, and meet or exceed those standards or
practices by incorporating appropriate changes into the program.
(vi) Develop and implement a right-of-way management plan to protect the pipeline segment
from damage due to excavation activities.
(5) Controlling internal corro- (i) Develop and implement a program to monitor for and mitigate the presence of, deleterious
sion. gas stream constituents.
(ii) At points where gas with potentially deleterious contaminants enters the pipeline, use filter
separators or separators and gas quality monitoring equipment.
(iii) Use gas quality monitoring equipment that includes a moisture analyzer, chromatograph,
and periodic hydrogen sulfide sampling.
(iv) Use cleaning pigs and sample accumulated liquids. Use inhibitors when corrosive gas or
liquids are present.
(v) Address deleterious gas stream constituents as follows:
(A) Limit carbon dioxide to 3 percent by volume;
(B) Allow no free water and otherwise limit water to seven pounds per million cubic feet of
gas; and
(C) Limit hydrogen sulfide to 1.0 grain per hundred cubic feet (16 ppm) of gas, where the hy-
drogen sulfide is greater than 0.5 grain per hundred cubic feet (8 ppm) of gas, implement a
pigging and inhibitor injection program to address deleterious gas stream constituents, in-
cluding follow-up sampling and quality testing of liquids at receipt points.
(vi) Review the program at least quarterly based on the gas stream experience and implement
adjustments to monitor for, and mitigate the presence of, deleterious gas stream constitu-
ents.
(6) Controlling interference that (i) Prior to operating an existing pipeline segment at an alternate maximum allowable oper-
can impact external corrosion. ating pressure calculated under this section, or within six months after placing a new pipe-
line segment in service at an alternate maximum allowable operating pressure calculated

under this section, address any interference currents on the pipeline segment.
(ii) To address interference currents, perform the following:
475
§ 192.620 49 CFR Ch. I (10–1–15 Edition)

areas:
(A) Conduct an interference survey to detect the presence and level of any electrical current
that could impact external corrosion where interference is suspected;
(B) Analyze the results of the survey; and
(C) Take any remedial action needed within 6 months after completing the survey to protect
the pipeline segment from deleterious current.
(7) Confirming external corro- (i) Within six months after placing the cathodic protection of a new pipeline segment in oper-
sion control through indirect ation, or within six months after certifying a segment under § 192.620(c)(1) of an existing
assessment. pipeline segment under this section, assess the adequacy of the cathodic protection through
an indirect method such as close-interval survey, and the integrity of the coating using direct
current voltage gradient (DCVG) or alternating current voltage gradient (ACVG).
(ii) Remediate any construction damaged coating with a voltage drop classified as moderate or
severe (IR drop greater than 35% for DCVG or 50 dBμv for ACVG) under section 4 of
NACE RP–0502–2002 (incorporated by reference, see § 192.7).
(iii) Within six months after completing the baseline internal inspection required under para-
graph (d)(9) of this section, integrate the results of the indirect assessment required under
paragraph (d)(7)(i) of this section with the results of the baseline internal inspection and take
any needed remedial actions.
(iv) For all pipeline segments in high consequence areas, perform periodic assessments as
follows:
(A) Conduct periodic close interval surveys with current interrupted to confirm voltage drops in
association with periodic assessments under subpart O of this part.
(B) Locate pipe-to-soil test stations at half-mile intervals within each high consequence area
ensuring at least one station is within each high consequence area, if practicable.
(C) Integrate the results with those of the baseline and periodic assessments for integrity done
under paragraphs (d)(9) and (d)(10) of this section.
(8) Controlling external corro- (i) If an annual test station reading indicates cathodic protection below the level of protection
sion through cathodic protec- required in subpart I of this part, complete remedial action within six months of the failed
tion. reading or notify each PHMSA pipeline safety regional office where the pipeline is in service
demonstrating that the integrity of the pipeline is not compromised if the repair takes longer
than 6 months. An operator must also notify a State pipeline safety authority when the pipe-
line is located in a State where PHMSA has an interstate agent agreement, or an intrastate
pipeline is regulated by that State; and
(ii) After remedial action to address a failed reading, confirm restoration of adequate corrosion
control by a close interval survey on either side of the affected test station to the next test
station unless the reason for the failed reading is determined to be a rectifier connection or
power input problem that can be remediated and otherwise verified.
(iii) If the pipeline segment has been in operation, the cathodic protection system on the pipe-
line segment must have been operational within 12 months of the completion of construc-
tion.
(9) Conducting a baseline as- (i) Except as provided in paragraph (d)(9)(iii) of this section, for a new pipeline segment oper-
sessment of integrity. ating at the new alternative maximum allowable operating pressure, perform a baseline in-
ternal inspection of the entire pipeline segment as follows:
(A) Assess using a geometry tool after the initial hydrostatic test and backfill and within six
months after placing the new pipeline segment in service; and
(B) Assess using a high resolution magnetic flux tool within three years after placing the new
pipeline segment in service at the alternative maximum allowable operating pressure.
(ii) Except as provided in paragraph (d)(9)(iii) of this section, for an existing pipeline segment,
perform a baseline internal assessment using a geometry tool and a high resolution mag-
netic flux tool before, but within two years prior to, raising pressure to the alternative max-
imum allowable operating pressure as allowed under this section.
(iii) If headers, mainline valve by-passes, compressor station piping, meter station piping, or
other short portion of a pipeline segment operating at alternative maximum allowable oper-
ating pressure cannot accommodate a geometry tool and a high resolution magnetic flux
tool, use direct assessment (per § 192.925, § 192.927 and/or § 192.929) or pressure testing
(per subpart J of this part) to assess that portion.
(10) Conducting periodic as- (i) Determine a frequency for subsequent periodic integrity assessments as if all the alternative
sessments of integrity. maximum allowable operating pressure pipeline segments were covered by subpart O of
this part and
(ii) Conduct periodic internal inspections using a high resolution magnetic flux tool on the fre-
quency determined under paragraph (d)(10)(i) of this section, or
(iii) Use direct assessment (per § 192.925, § 192.927 and/or § 192.929) or pressure testing
(per subpart J of this part) for periodic assessment of a portion of a segment to the extent
permitted for a baseline assessment under paragraph (d)(9)(iii) of this section.
(11) Making repairs .................. (i) Perform the following when evaluating an anomaly:
(A) Use the most conservative calculation for determining remaining strength or an alternative
validated calculation based on pipe diameter, wall thickness, grade, operating pressure, op-
erating stress level, and operating temperature: and

(B) Take into account the tolerances of the tools used for the inspection.
(ii) Repair a defect immediately if any of the following apply:
476

areas:
(A) The defect is a dent discovered during the baseline assessment for integrity under para-
graph (d)(9) of this section and the defect meets the criteria for immediate repair in
§ 192.309(b).
(B) The defect meets the criteria for immediate repair in § 192.933(d).
(C) The alternative maximum allowable operating pressure was based on a design factor of
0.67 under paragraph (a) of this section and the failure pressure is less than 1.25 times the
alternative maximum allowable operating pressure.
(D) The alternative maximum allowable operating pressure was based on a design factor of
0.56 under paragraph (a) of this section and the failure pressure is less than or equal to 1.4
times the alternative maximum allowable operating pressure.
(iii) If paragraph (d)(11)(ii) of this section does not require immediate repair, repair a defect
within one year if any of the following apply:
(A) The defect meets the criteria for repair within one year in § 192.933(d).
(B) The alternative maximum allowable operating pressure was based on a design factor of
(C) The alternative maximum allowable operating pressure was based on a design factor of
(D) The alternative maximum allowable operating pressure was based on a design factor of
0.56 under paragraph (a) of this section and the failure pressure is less than or equal to
1.80 times the alternative maximum allowable operating pressure.
(iv) Evaluate any defect not required to be repaired under paragraph (d)(11)(ii) or (iii) of this
section to determine its growth rate, set the maximum interval for repair or re-inspection,
and repair or re-inspect within that interval.
(e) Is there any change in overpressure mined in accordance with subparts C

protection associated with operating at and D of this part.
the alternative maximum allowable oper- (2) 60 p.s.i. (414 kPa) gage, for a seg-
ating pressure? Notwithstanding the re- ment of a distribution system other-
quired capacity of pressure relieving wise designed to operate at over 60
and limiting stations otherwise re- p.s.i. (414 kPa) gage, unless the service
quired by § 192.201, if an operator estab- lines in the segment are equipped with
lishes a maximum allowable operating service regulators or other pressure
pressure for a pipeline segment in ac- limiting devices in series that meet the
cordance with paragraph (a) of this sec- requirements of § 192.197(c).
tion, an operator must: (3) 25 p.s.i. (172 kPa) gage in segments
(1) Provide overpressure protection of cast iron pipe in which there are
that limits mainline pressure to a max- unreinforced bell and spigot joints.
imum of 104 percent of the maximum (4) The pressure limits to which a
allowable operating pressure; and joint could be subjected without the
(2) Develop and follow a procedure for possibility of its parting.
establishing and maintaining accurate (5) The pressure determined by the
set points for the supervisory control operator to be the maximum safe pres-
and data acquisition system. sure after considering the history of
the segment, particularly known corro-
[73 FR 62177, Oct. 17, 2008, as amended by
Amdt. 192–111, 74 FR 62505, Nov. 30, 2009;
sion and the actual operating pres-
Amdt. 192–120, 80 FR 12779, Mar. 11, 2015] sures.
(b) No person may operate a segment
§ 192.621 Maximum allowable oper- of pipeline to which paragraph (a)(5) of
ating pressure: High-pressure dis- this section applies, unless over-
tribution systems. pressure protective devices are in-
(a) No person may operate a segment stalled on the segment in a manner
of a high pressure distribution system that will prevent the maximum allow-
at a pressure that exceeds the lowest of able operating pressure from being ex-
ceeded, in accordance with § 192.195.
the following pressures, as applicable:

(1) The design pressure of the weak- [35 FR 13257, Aug. 19, 1970, as amended by
est element in the segment, deter- Amdt. 192–85, 63 FR 37504, July 13, 1998]
477
§ 192.623 49 CFR Ch. I (10–1–15 Edition)
§ 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 distribution 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-
lower explosive limit, the gas is readily mining the percentage of gas in air at
detectable by a person with a normal which the odor becomes readily detect-
sense of smell. able. Operators of master meter sys-
(b) After December 31, 1976, a com- tems may comply with this require-
bustible gas in a transmission line in a ment by—
Class 3 or Class 4 location must comply (1) Receiving written verification
with the requirements of paragraph (a) from their gas source that the gas has
of this section unless: the proper concentration of odorant;
(1) At least 50 percent of the length of and
the line downstream from that location (2) Conducting periodic ‘‘sniff’’ tests
is in a Class 1 or Class 2 location; at the extremities of the system to
(2) The line transports gas to any of confirm that the gas contains odorant.
the following facilities which received [35 FR 13257, Aug. 19, 1970]
gas without an odorant from that line
before May 5, 1975; EDITORIAL NOTE: For FEDERAL REGISTER ci-
tations affecting § 192.625, see the List of CFR
(i) An underground storage field; Sections Affected, which appears in the
(ii) A gas processing plant; Finding Aids section of the printed volume
(iii) A gas dehydration plant; or and at www.fdsys.gov.
(iv) An industrial plant using gas in a
process where the presence of an odor- § 192.627 Tapping pipelines under
ant: pressure.
(A) Makes the end product unfit for Each tap made on a pipeline under
the purpose for which it is intended; pressure must be performed by a crew
(B) Reduces the activity of a cata- qualified to make hot taps.
lyst; or
(C) Reduces the percentage comple- § 192.629 Purging of pipelines.
tion of a chemical reaction; (a) When a pipeline is being purged of
(3) In the case of a lateral line which air by use of gas, the gas must be re-
transports gas to a distribution center, leased into one end of the line in a
at least 50 percent of the length of that moderately rapid and continuous flow.
line is in a Class 1 or Class 2 location; If gas cannot be supplied in sufficient
or quantity to prevent the formation of a
(4) The combustible gas is hydrogen hazardous mixture of gas and air, a
intended for use as a feedstock in a slug of inert gas must be released into
manufacturing process. the line before the gas.
478
(b) When a pipeline is being purged of controller’s prompt and appropriate re-
gas by use of air, the air must be response to operating conditions, an op-
leased into one end of the line in a erator must define each of the fol-
moderately rapid and continuous flow. lowing:
If air cannot be supplied in sufficient (1) A controller’s authority and re-
quantity to prevent the formation of a sponsibility to make decisions and
hazardous mixture of gas and air, a take actions during normal operations;
slug of inert gas must be released into (2) A controller’s role when an abnor-
the line before the air. mal operating condition is detected,
even if the controller is not the first to
§ 192.631 Control room management.
detect the condition, including the con-
(a) General. (1) This section applies to troller’s responsibility to take specific
each operator of a pipeline facility actions and to communicate with oth-
with a controller working in a control ers;
room who monitors and controls all or (3) A controller’s role during an
part of a pipeline facility through a emergency, even if the controller is not
SCADA system. Each operator must the first to detect the emergency, in-
have and follow written control room cluding the controller’s responsibility
management procedures that imple- to take specific actions and to commu-
ment the requirements of this section, nicate with others; and
except that for each control room (4) A method of recording controller
where an operator’s activities are lim- shift-changes and any hand-over of re-
ited to either or both of: sponsibility between controllers.
(i) Distribution with less than 250,000
(c) Provide adequate information. Each
services, or
operator must provide its controllers
(ii) Transmission without a com-
with the information, tools, processes
pressor station, the operator must have
and procedures necessary for the con-
and follow written procedures that im-
trollers to carry out the roles and re-
plement only paragraphs (d) (regarding
sponsibilities the operator has defined
fatigue), (i) (regarding compliance vali-
by performing each of the following:
dation), and (j) (regarding compliance
and deviations) of this section. (1) Implement sections 1, 4, 8, 9, 11.1,
(2) The procedures required by this and 11.3 of API RP 1165 (incorporated
section must be integrated, as appro- by reference, see § 192.7) whenever a
priate, with operating and emergency SCADA system is added, expanded or
procedures required by §§ 192.605 and replaced, unless the operator dem-
192.615. An operator must develop the onstrates that certain provisions of
procedures no later than August 1, 2011, sections 1, 4, 8, 9, 11.1, and 11.3 of API
and must implement the procedures ac- RP 1165 are not practical for the
cording to the following schedule. The SCADA system used;
procedures required by paragraphs (b), (2) Conduct a point-to-point
(c)(5), (d)(2) and (d)(3), (f) and (g) of this verification between SCADA displays
section must be implemented no later and related field equipment when field
than October 1, 2011. The procedures re- equipment is added or moved and when
quired by paragraphs (c)(1) through (4), other changes that affect pipeline safe-
(d)(1), (d)(4), and (e) must be imple- ty are made to field equipment or
mented no later than August 1, 2012. SCADA displays;
The training procedures required by (3) Test and verify an internal com-
paragraph (h) must be implemented no munication plan to provide adequate
later than August 1, 2012, except that means for manual operation of the
any training required by another para- pipeline safely, at least once each cal-
graph of this section must be imple- endar year, but at intervals not to ex-
mented no later than the deadline for ceed 15 months;
that paragraph. (4) Test any backup SCADA systems
(b) Roles and responsibilities. Each op- at least once each calendar year, but at
erator must define the roles and re- intervals not to exceed 15 months; and
sponsibilities of a controller during (5) Establish and implement proce-

normal, abnormal, and emergency op- dures for when a different controller
erating conditions. To provide for a assumes responsibility, including the
479
§ 192.631 49 CFR Ch. I (10–1–15 Edition)
content of information to be ex- assure controllers have sufficient time

changed. to analyze and react to incoming
(d) Fatigue mitigation. Each operator alarms; and
must implement the following methods (6) Address deficiencies identified
to reduce the risk associated with con- through the implementation of para-
troller fatigue that could inhibit a con- graphs (e)(1) through (e)(5) of this sec-
troller’s ability to carry out the roles tion.
and responsibilities the operator has (f) Change management. Each operator
defined: must assure that changes that could
(1) Establish shift lengths and sched- affect control room operations are co-
ule rotations that provide controllers ordinated with the control room per-
off-duty time sufficient to achieve sonnel by performing each of the fol-
eight hours of continuous sleep; lowing:
(2) Educate controllers and super- (1) Establish communications be-
visors in fatigue mitigation strategies tween control room representatives,
and how off-duty activities contribute operator’s management, and associated
to fatigue; field personnel when planning and im-
(3) Train controllers and supervisors plementing physical changes to pipe-
to recognize the effects of fatigue; and line equipment or configuration;
(4) Establish a maximum limit on (2) Require its field personnel to con-
controller hours-of-service, which may tact the control room when emergency
provide for an emergency deviation conditions exist and when making field
from the maximum limit if necessary changes that affect control room oper-
for the safe operation of a pipeline fa- ations; and
cility. (3) Seek control room or control
(e) Alarm management. Each operator room management participation in
using a SCADA system must have a planning prior to implementation of
written alarm management plan to significant pipeline hydraulic or con-
provide for effective controller re- figuration changes.
sponse to alarms. An operator’s plan (g) Operating experience. Each oper-
must include provisions to: ator must assure that lessons learned
(1) Review SCADA safety-related from its operating experience are in-
alarm operations using a process that corporated, as appropriate, into its
ensures alarms are accurate and sup- control room management procedures
port safe pipeline operations; by performing each of the following:
(2) Identify at least once each cal- (1) Review incidents that must be re-
endar month points affecting safety ported pursuant to 49 CFR part 191 to
that have been taken off scan in the determine if control room actions con-
SCADA host, have had alarms inhib- tributed to the event and, if so, cor-
ited, generated false alarms, or that rect, where necessary, deficiencies re-
have had forced or manual values for lated to:
periods of time exceeding that required (i) Controller fatigue;
for associated maintenance or oper- (ii) Field equipment;
ating activities; (iii) The operation of any relief de-
(3) Verify the correct safety-related vice;
alarm set-point values and alarm de- (iv) Procedures;
scriptions at least once each calendar (v) SCADA system configuration; and
year, but at intervals not to exceed 15 (vi) SCADA system performance.
months; (2) Include lessons learned from the
(4) Review the alarm management operator’s experience in the training
plan required by this paragraph at program required by this section.
least once each calendar year, but at (h) Training. Each operator must es-
intervals not exceeding 15 months, to tablish a controller training program
determine the effectiveness of the plan; and review the training program con-
(5) Monitor the content and volume tent to identify potential improve-
of general activity being directed to ments at least once each calendar year,
and required of each controller at least but at intervals not to exceed 15

once each calendar year, but at inter- months. An operator’s program must
vals not to exceed 15 months, that will provide for training each controller to
480
carry out the roles and responsibilities (b) Each segment of pipeline that be-
defined by the operator. In addition, comes unsafe must be replaced, re-
the training program must include the paired, or removed from service.
following elements: (c) Hazardous leaks must be repaired
(1) Responding to abnormal operating promptly.
conditions likely to occur simulta-
neously or in sequence; § 192.705 Transmission lines: Patrol-
(2) Use of a computerized simulator ling.
or non-computerized (tabletop) method (a) Each operator shall have a patrol
for training controllers to recognize program to observe surface conditions
abnormal operating conditions; on and adjacent to the transmission
(3) Training controllers on their re- line right-of-way for indications of
sponsibilities for communication under leaks, construction activity, and other
the operator’s emergency response pro- factors affecting safety and operation.
cedures;
(b) The frequency of patrols is deter-
(4) Training that will provide a con- mined by the size of the line, the oper-
troller a working knowledge of the
ating pressures, the class location, ter-
pipeline system, especially during the
rain, weather, and other relevant fac-
development of abnormal operating
conditions; and tors, but intervals between patrols may
not be longer than prescribed in the
(5) For pipeline operating setups that
are periodically, but infrequently used, following table:
providing an opportunity for control- Maximum interval between patrols
lers to review relevant procedures in
Class loca- At highway and rail-
advance of their application. tion of line road crossings At all other places
(i) Compliance validation. Upon re-
quest, operators must submit their pro- 1, 2 ........... 71⁄2 months; but at 15 months; but at
least twice each cal- least once each cal-
cedures to PHMSA or, in the case of an endar year. endar year.
intrastate pipeline facility regulated 3 ................ 41⁄2 months; but at 71⁄2 months; but at
by a State, to the appropriate State least four times least twice each cal-
agency. each calendar year. endar year.
4 ................ 41⁄2 months; but at 41⁄2 months; but at
(j) Compliance and deviations. An oper- least four times least four times
ator must maintain for review during each calendar year. each calendar year.
inspection:
(1) Records that demonstrate compli- (c) Methods of patrolling include
ance with the requirements of this sec- walking, driving, flying or other appro-
tion; and priate means of traversing the right-of-
(2) Documentation to demonstrate way.
that any deviation from the procedures
[Amdt. 192–21, 40 FR 20283, May 9, 1975, as
required by this section was necessary
amended by Amdt. 192–43, 47 FR 46851, Oct.
for the safe operation of a pipeline fa- 21, 1982; Amdt. 192–78, 61 FR 28786, June 6,
cility. 1996]
[Amdt. 192–112, 74 FR 63327, Dec. 3, 2009, as
amended at 75 FR 5537, Feb. 3, 2010; 76 FR § 192.706 Transmission lines: Leakage
35135, June 16, 2011] surveys.
Leakage surveys of a transmission
Subpart M—Maintenance line must be conducted at intervals not
exceeding 15 months, but at least once
§ 192.701 Scope. each calendar year. However, in the
This subpart prescribes minimum re- case of a transmission line which
quirements for maintenance of pipeline transports gas in conformity with
facilities. § 192.625 without an odor or odorant,
leakage surveys using leak detector
§ 192.703 General. equipment must be conducted—
(a) In Class 3 locations, at intervals
(a) No person may operate a segment

of pipeline, unless it is maintained in not exceeding 71⁄2 months, but at least
accordance with this subpart. twice each calendar year; and
481
§ 192.707 49 CFR Ch. I (10–1–15 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.
30, 1976; Amdt. 192–44, 48 FR 25208, June 6,
21, 1982; Amdt. 192–71, 59 FR 6585, Feb. 11,
1983; Amdt. 192–73, 60 FR 14650, Mar. 20, 1995;
1994]
Amdt. 192–85, 63 FR 37504, July 13, 1998]
§ 192.707 Line markers for mains and § 192.709 Transmission lines: Record
transmission lines. keeping.
(a) Buried pipelines. Except as pro- Each operator shall maintain the fol-
vided in paragraph (b) of this section, a lowing records for transmission lines
line marker must be placed and main- for the periods specified:
tained as close as practical over each (a) The date, location, and descrip-
buried main and transmission line: tion of each repair made to pipe (in-
(1) At each crossing of a public road cluding pipe-to-pipe connections) must
and railroad; and be retained for as long as the pipe re-
(2) Wherever necessary to identify mains in service.
the location of the transmission line or (b) The date, location, and descrip-
main to reduce the possibility of dam- tion of each repair made to parts of the
age or interference. pipeline system other than pipe must
be retained for at least 5 years. How-
(b) Exceptions for buried pipelines. Line
ever, repairs generated by patrols, sur-
markers are not required for the fol- veys, inspections, or tests required by
lowing pipelines: subparts L and M of this part must be
(1) Mains and transmission lines lo- retained in accordance with paragraph
cated offshore, or at crossings of or (c) of this section.
under waterways and other bodies of (c) A record of each patrol, survey,
water. inspection, and test required by sub-
(2) Mains in Class 3 or Class 4 loca- parts L and M of this part must be re-
tions where a damage prevention pro- tained for at least 5 years or until the
gram is in effect under § 192.614. next patrol, survey, inspection, or test
(3) Transmission lines in Class 3 or 4 is completed, whichever is longer.
locations until March 20, 1996. [Amdt. 192–78, 61 FR 28786, June 6, 1996]
(4) Transmission lines in Class 3 or 4
locations where placement of a line § 192.711 Transmission lines: General
marker is impractical. requirements for repair procedures.
(c) Pipelines aboveground. Line mark- (a) Temporary repairs. Each operator
ers must be placed and maintained must take immediate temporary meas-
along each section of a main and trans- ures to protect the public whenever:
mission line that is located above- (1) A leak, imperfection, or damage
ground in an area accessible to the that impairs its serviceability is found
public. in a segment of steel transmission line
(d) Marker warning. The following operating at or above 40 percent of the
must be written legibly on a back- SMYS; and
(2) It is not feasible to make a perma-
ground of sharply contrasting color on
nent repair at the time of discovery.
each line marker:
(b) Permanent repairs. An operator
(1) The word ‘‘Warning,’’ ‘‘Caution,’’ must make permanent repairs on its
or ‘‘Danger’’ followed by the words pipeline system according to the fol-
‘‘Gas (or name of gas transported) lowing:
Pipeline’’ all of which, except for (1) Non integrity management re-
markers in heavily developed urban pairs: The operator must make perma-
areas, must be in letters at least 1 inch nent repairs as soon as feasible.
(25 millimeters) high with 1⁄4 inch (6.4 (2) Integrity management repairs:
millimeters) stroke.
When an operator discovers a condition

(2) The name of the operator and the on a pipeline covered under Subpart O–
telephone number (including area code) Gas Transmission Pipeline Integrity
482
Management, the operator must reme- § 192.717 Transmission lines: Perma-

diate the condition as prescribed by nent field repair of leaks.
§ 192.933(d). Each permanent field repair of a leak
(c) Welded patch. Except as provided on a transmission line must be made
in § 192.717(b)(3), no operator may use a by—
welded patch as a means of repair. (a) Removing the leak by cutting out
[Amdt. 192–114, 75 FR 48604, Aug. 11, 2010] and replacing a cylindrical piece of
pipe; or
§ 192.713 Transmission lines: Perma- (b) Repairing the leak by one of the
nent field repair of imperfections following methods:
and damages. (1) Install a full encirclement welded
(a) Each imperfection or damage that split sleeve of appropriate design, un-
impairs the serviceability of pipe in a less the transmission line is joined by
steel transmission line operating at or mechanical couplings and operates at
above 40 percent of SMYS must be— less than 40 percent of SMYS.
(1) Removed by cutting out and re- (2) If the leak is due to a corrosion
placing a cylindrical piece of pipe; or pit, install a properly designed bolt-on-
(2) Repaired by a method that reli- leak clamp.
able engineering tests and analyses (3) If the leak is due to a corrosion
show can permanently restore the serv- pit and on pipe of not more than 40,000
iceability of the pipe. psi (267 Mpa) SMYS, fillet weld over
(b) Operating pressure must be at a the pitted area a steel plate patch with
safe level during repair operations. rounded corners, of the same or greater
thickness than the pipe, and not more
[Amdt. 192–88, 64 FR 69665, Dec. 14, 1999]
than one-half of the diameter of the
§ 192.715 Transmission lines: Perma- pipe in size.
nent field repair of welds. (4) If the leak is on a submerged off-
shore pipeline or submerged pipeline in
Each weld that is unacceptable under
inland navigable waters, mechanically
§ 192.241(c) must be repaired as follows:
apply a full encirclement split sleeve of
(a) If it is feasible to take the seg-
appropriate design.
ment of transmission line out of serv-
(5) Apply a method that reliable engi-
ice, the weld must be repaired in ac-
neering tests and analyses show can
cordance with the applicable require-
permanently restore the serviceability
ments of § 192.245.
of the pipe.
(b) A weld may be repaired in accord-
ance with § 192.245 while the segment of [Amdt. 192–88, 64 FR 69665, Dec. 14, 1999]
transmission line is in service if:
(1) The weld is not leaking; § 192.719 Transmission lines: Testing
of repairs.
(2) The pressure in the segment is re-
duced so that it does not produce a (a) Testing of replacement pipe. If a
stress that is more than 20 percent of segment of transmission line is re-
the SMYS of the pipe; and paired by cutting out the damaged por-
(3) Grinding of the defective area can tion of the pipe as a cylinder, the re-
be limited so that at least 1⁄8-inch (3.2 placement pipe must be tested to the
millimeters) thickness in the pipe weld pressure required for a new line in-
remains. stalled in the same location. This test
(c) A defective weld which cannot be may be made on the pipe before it is in-
repaired in accordance with paragraph stalled.
(a) or (b) of this section must be re- (b) Testing of repairs made by welding.
paired by installing a full encirclement Each repair made by welding in accord-
welded split sleeve of appropriate de- ance with §§ 192.713, 192.715, and 192.717
sign. must be examined in accordance with
§ 192.241.

Amdt. 192–85, 63 FR 37504, July 13, 1998] [35 FR 13257, Aug. 19, 1970, as amended by
Amdt. 192–54, 51 FR 41635, Nov. 18, 1986]
483
§ 192.721 49 CFR Ch. I (10–1–15 Edition)
§ 192.721 Distribution systems: Patrol- years at intervals not exceeding 39

ling. months.
(a) The frequency of patrolling mains [35 FR 13257, Aug. 19, 1970, as amended by
must be determined by the severity of Amdt. 192–43, 47 FR 46851, Oct. 21, 1982; Amdt.
the conditions which could cause fail- 192–70, 58 FR 54528, 54529, Oct. 22, 1993; Amdt.
192–71, 59 FR 6585, Feb. 11, 1994; Amdt. 192–94,
ure or leakage, and the consequent haz- 69 FR 32895, June 14, 2004; Amdt. 192–94, 69 FR
ards to public safety. 54592, Sept. 9, 2004]
(b) Mains in places or on structures
where anticipated physical movement § 192.725 Test requirements for rein-
or external loading could cause failure stating service lines.
or leakage must be patrolled— (a) Except as provided in paragraph
(1) In business districts, at intervals (b) of this section, each disconnected
not exceeding 41⁄2 months, but at least service line must be tested in the same
four times each calendar year; and manner as a new service line, before
(2) Outside business districts, at in- being reinstated.
tervals not exceeding 71⁄2 months, but (b) Each service line temporarily dis-
at least twice each calendar year. connected from the main must be test-
ed from the point of disconnection to
[35 FR 13257, Aug. 19, 1970, as amended by the service line valve in the same man-
Amdt. 192–43, 47 FR 46851, Oct. 21, 1982; Amdt. ner as a new service line, before recon-
192–78, 61 FR 28786, June 6, 1996] necting. However, if provisions are
made to maintain continuous service,
§ 192.723 Distribution systems: Leak-
such as by installation of a bypass, any
age surveys.
part of the original service line used to
(a) Each operator of a distribution maintain continuous service need not
system shall conduct periodic leakage be tested.
surveys in accordance with this sec-
tion. § 192.727 Abandonment or deactiva-
tion of facilities.
(b) The type and scope of the leakage
control program must be determined (a) Each operator shall conduct aban-
by the nature of the operations and the donment or deactivation of pipelines in
local conditions, but it must meet the accordance with the requirements of
following minimum requirements: this section.
(1) A leakage survey with leak detec- (b) Each pipeline abandoned in place
tor equipment must be conducted in must be disconnected from all sources
and supplies of gas; purged of gas; in
business districts, including tests of
the case of offshore pipelines, filled
the atmosphere in gas, electric, tele-
with water or inert materials; and
phone, sewer, and water system man-
sealed at the ends. However, the pipe-
holes, at cracks in pavement and side- line need not be purged when the vol-
walks, and at other locations providing ume of gas is so small that there is no
an opportunity for finding gas leaks, at potential hazard.
intervals not exceeding 15 months, but (c) Except for service lines, each in-
at least once each calendar year. active pipeline that is not being main-
(2) A leakage survey with leak detec- tained under this part must be discon-
tor equipment must be conducted out- nected from all sources and supplies of
side business districts as frequently as gas; purged of gas; in the case of off-
necessary, but at least once every 5 shore pipelines, filled with water or
calendar years at intervals not exceed- inert materials; and sealed at the ends.
ing 63 months. However, for cathodi- However, the pipeline need not be
cally unprotected distribution lines purged when the volume of gas is so
subject to § 192.465(e) on which elec- small that there is no potential hazard.
trical surveys for corrosion are imprac- (d) Whenever service to a customer is
tical, a leakage survey must be con- discontinued, one of the following must
ducted at least once every 3 calendar be complied with:
(1) The valve that is closed to prevent

the flow of gas to the customer must be
provided with a locking device or other
484
means designed to prevent the opening (202) 366–4566; e-mail

of the valve by persons other than InformationResourcesManager@phmsa.
those authorized by the operator. dot.gov. The information in the report
(2) A mechanical device or fitting must contain all reasonably available
that will prevent the flow of gas must information related to the facility, in-
be installed in the service line or in the
cluding information in the possession
meter assembly.
of a third party. The report must con-
(3) The customer’s piping must be
physically disconnected from the gas tain the location, size, date, method of
supply and the open pipe ends sealed. abandonment, and a certification that
(e) If air is used for purging, the oper- the facility has been abandoned in ac-
ator shall insure that a combustible cordance with all applicable laws.
mixture is not present after purging. (2) [Reserved]
(f) Each abandoned vault must be [Amdt. 192–8, 37 FR 20695, Oct. 3, 1972, as
filled with a suitable compacted mate- amended by Amdt. 192–27, 41 FR 34607, Aug.
rial. 16, 1976; Amdt. 192–71, 59 FR 6585, Feb. 11,
(g) For each abandoned offshore pipe- 1994; Amdt. 192–89, 65 FR 54443, Sept. 8, 2000;
line facility or each abandoned onshore 65 FR 57861, Sept. 26, 2000; 70 FR 11139, Mar.
pipeline facility that crosses over, 8, 2005; Amdt. 192–103, 72 FR 4656, Feb. 1, 2007;
under or through a commercially navi- 73 FR 16570, Mar. 28, 2008; 74 FR 2894, Jan. 16,
gable waterway, the last operator of 2009]
that facility must file a report upon
abandonment of that facility. § 192.731 Compressor stations: Inspec-
(1) The preferred method to submit tion and testing of relief devices.
data on pipeline facilities abandoned (a) Except for rupture discs, each
after October 10, 2000 is to the National pressure relieving device in a com-
Pipeline Mapping System (NPMS) in pressor station must be inspected and
accordance with the NPMS ‘‘Standards tested in accordance with §§ 192.739 and
for Pipeline and Liquefied Natural Gas 192.743, and must be operated periodi-
Operator Submissions.’’ To obtain a cally to determine that it opens at the
copy of the NPMS Standards, please correct set pressure.
refer to the NPMS homepage at http:// (b) Any defective or inadequate
www.npms.phmsa.dot.gov or contact the equipment found must be promptly re-
NPMS National Repository at 703–317– paired or replaced.
3073. A digital data format is preferred,
(c) Each remote control shutdown de-
but hard copy submissions are accept-
vice must be inspected and tested at in-
able if they comply with the NPMS
tervals not exceeding 15 months, but at
Standards. In addition to the NPMS-re-
quired attributes, operators must sub- least once each calendar year, to deter-
mit the date of abandonment, diame- mine that it functions properly.
ter, method of abandonment, and cer- [35 FR 13257, Aug. 19, 1970, as amended by
tification that, to the best of the oper- Amdt. 192–43, 47 FR 46851, Oct. 21, 1982]
ator’s knowledge, all of the reasonably
available information requested was § 192.735 Compressor stations: Storage
provided and, to the best of the opera- of combustible materials.
tor’s knowledge, the abandonment was (a) Flammable or combustible mate-
completed in accordance with applica- rials in quantities beyond those re-
ble laws. Refer to the NPMS Standards quired for everyday use, or other than
for details in preparing your data for those normally used in compressor
submission. The NPMS Standards also buildings, must be stored a safe dis-
include details of how to submit data. tance from the compressor building.
Alternatively, operators may submit
(b) Aboveground oil or gasoline stor-
reports by mail, fax or e-mail to the Of-
age tanks must be protected in accord-
fice of Pipeline Safety, Pipeline and
Hazardous Materials Safety Adminis- ance with NFPA–30 (incorporated by
tration, U.S. Department of Transpor- reference, see § 192.7) .
tation, Information Resources Man- [35 FR 13257, Aug. 19, 1970, as amended by
ager, PHP–10, 1200 New Jersey Avenue, Amdt. 192–119, 80 FR 181, Jan. 5, 2015; 80 FR
SE., Washington, DC 20590-0001; fax 46847, Aug. 6, 2015]
485
§ 192.736 49 CFR Ch. I (10–1–15 Edition)
§ 192.736 Compressor stations: Gas de- MAOP is 60 psi (414 kPa) gage or more,
tection. the control or relief pressure limit is as
(a) Not later than September 16, 1996, follows:
each compressor building in a com- If the MAOP produces a hoop
pressor station must have a fixed gas Then the pressure limit is:
stress that is:
detection and alarm system, unless the
building is— Greater than 72 percent of MAOP plus 4 percent.
SMYS.
(1) Constructed so that at least 50 Unknown as a percentage of A pressure that will prevent
percent of its upright side area is per- SMYS. unsafe operation of the
manently open; or pipeline considering its op-
(2) Located in an unattended field erating and maintenance
history and MAOP.
compressor station of 1,000 horsepower
(746 kW) or less.
(b) Except when shutdown of the sys- [35 FR 13257, Aug. 19, 1970, as amended by
tem is necessary for maintenance Amdt. 192–43, 47 FR 46851, Oct. 21, 1982; Amdt.
under paragraph (c) of this section, 192–93, 68 FR 53901, Sept. 15, 2003; Amdt. 192–
each gas detection and alarm system 96, 69 FR 27863, May 17, 2004]
required by this section must—
(1) Continuously monitor the com- § 192.741 Pressure limiting and regu-
lating stations: Telemetering or re-
pressor building for a concentration of
cording gauges.
gas in air of not more than 25 percent
of the lower explosive limit; and (a) Each distribution system supplied
(2) If that concentration of gas is de- by more than one district pressure reg-
tected, warn persons about to enter the ulating station must be equipped with
building and persons inside the build- telemetering or recording pressure
ing of the danger. gauges to indicate the gas pressure in
(c) Each gas detection and alarm sys- the district.
tem required by this section must be (b) On distribution systems supplied
maintained to function properly. The by a single district pressure regulating
maintenance must include performance station, the operator shall determine
tests. the necessity of installing telemetering
[58 FR 48464, Sept. 16, 1993, as amended by or recording gauges in the district,
Amdt. 192–85, 63 FR 37504, July 13, 1998] taking into consideration the number
of customers supplied, the operating
§ 192.739 Pressure limiting and regu- pressures, the capacity of the installa-
lating stations: Inspection and test-
ing. tion, and other operating conditions.
(c) If there are indications of abnor-
(a) Each pressure limiting station, mally high or low pressure, the regu-
relief device (except rupture discs), and lator and the auxiliary equipment
pressure regulating station and its
must be inspected and the necessary
equipment must be subjected at inter-
measures employed to correct any un-
vals not exceeding 15 months, but at
satisfactory operating conditions.
least once each calendar year, to in-
spections and tests to determine that § 192.743 Pressure limiting and regu-
it is— lating stations: Capacity of relief
(1) In good mechanical condition; devices.
(2) Adequate from the standpoint of
capacity and reliability of operation (a) Pressure relief devices at pressure
for the service in which it is employed; limiting stations and pressure regu-
(3) Except as provided in paragraph lating stations must have sufficient ca-
(b) of this section, set to control or re- pacity to protect the facilities to which
lieve at the correct pressure consistent they are connected. Except as provided
with the pressure limits of § 192.201(a); in § 192.739(b), the capacity must be
and consistent with the pressure limits of
(4) Properly installed and protected § 192.201(a). This capacity must be de-
from dirt, liquids, or other conditions termined at intervals not exceeding 15
that might prevent proper operation. months, but at least once each cal-
(b) For steel pipelines whose MAOP is endar year, by testing the devices in
determined under § 192.619(c), if the place or by review and calculations.
486
(b) If review and calculations are content of 200 cubic feet (5.66 cubic me-
used to determine if a device has suffi- ters) or more, must be inspected at in-
cient capacity, the calculated capacity tervals not exceeding 15 months, but at
must be compared with the rated or ex- least once each calendar year, to deter-
perimentally determined relieving ca- mine that it is in good physical condi-
pacity of the device for the conditions tion and adequately ventilated.
under which it operates. After the ini- (b) If gas is found in the vault, the
tial calculations, subsequent calcula- equipment in the vault must be in-
tions need not be made if the annual spected for leaks, and any leaks found
review documents that parameters must be repaired.
have not changed to cause the rated or (c) The ventilating equipment must
experimentally determined relieving also be inspected to determine that it
capacity to be insufficient. is functioning properly.
(c) If a relief device is of insufficient (d) Each vault cover must be in-
capacity, a new or additional device spected to assure that it does not
must be installed to provide the capac- present a hazard to public safety.
ity required by paragraph (a) of this [35 FR 13257, Aug. 19, 1970, as amended by
section. Amdt. 192–43, 47 FR 46851, Oct. 21, 1982; Amdt.
[Amdt. 192–93, 68 FR 53901, Sept. 15, 2003, as 192–85, 63 FR 37504, July 13, 1998]
amended by Amdt. 192–96, 69 FR 27863, May
17, 2004] § 192.751 Prevention of accidental igni-
tion.
§ 192.745 Valve maintenance: Trans- Each operator shall take steps to
mission lines. minimize the danger of accidental igni-
(a) Each transmission line valve that tion of gas in any structure or area
might be required during any emer- where the presence of gas constitutes a
gency must be inspected and partially hazard of fire or explosion, including
operated at intervals not exceeding 15 the following:
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 pipe components that contain a com-
bustible mixture of gas and air in the
15, 2003]
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 (a) Each cast iron caulked bell and
and serviced at intervals not exceeding spigot joint that is subject to pressures
15 months, but at least once each cal- of more than 25 psi (172kPa) gage must
endar year. be sealed with:
(b) Each operator must take prompt (1) A mechanical leak clamp; or
remedial action to correct any valve (2) A material or device which:
found inoperable, unless the operator (i) Does not reduce the flexibility of
designates an alternative valve. 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.
487
§ 192.755 49 CFR Ch. I (10–1–15 Edition)
(b) Each cast iron caulked bell and § 192.803 Definitions.

spigot joint that is subject to pressures
Abnormal operating condition means a
of 25 psi (172kPa) gage or less and is ex-
condition identified by the operator
posed for any reason must be sealed by
that may indicate a malfunction of a
a means other than caulking.
component or deviation from normal
[35 FR 13257, Aug. 19, 1970, as amended by operations that may:
Amdt. 192–25, 41 FR 23680, June 11, 1976; (a) Indicate a condition exceeding de-
Amdt. 192–85, 63 FR 37504, July 13, 1998; sign limits; or
Amdt. 192–93, 68 FR 53901, Sept. 15, 2003] (b) Result in a hazard(s) to persons,
§ 192.755 Protecting cast-iron pipe- property, or the environment.
lines. Evaluation means a process, estab-
lished and documented by the operator,
When an operator has knowledge to determine an individual’s ability to
that the support for a segment of a perform a covered task by any of the
buried cast-iron pipeline is disturbed: following:
(a) That segment of the pipeline must (a) Written examination;
be protected, as necessary, against (b) Oral examination;
damage during the disturbance by:
(c) Work performance history review;
(1) Vibrations from heavy construc-
(d) Observation during:
tion equipment, trains, trucks, buses,
(1) Performance on the job,
or blasting;
(2) On the job training, or
(2) Impact forces by vehicles;
(3) Simulations;
(3) Earth movement;
(e) Other forms of assessment.
(4) Apparent future excavations near
the pipeline; or Qualified means that an individual
(5) Other foreseeable outside forces has been evaluated and can:
which may subject that segment of the (a) Perform assigned covered tasks;
pipeline to bending stress. and
(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.
Each operator shall have and follow a
[Amdt. 192–23, 41 FR 13589, Mar. 31, 1976]
written qualification program. The
program shall include provisions to:
Subpart N—Qualification of (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 qualified;
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;
488
(g) Identify those covered tasks and U.S.C. Chapter 601 if the program is
the intervals at which evaluation of under the authority of that state agen-
the individual’s qualifications is need- cy.
ed; (b) Operators must complete the
(h) After December 16, 2004, provide qualification of individuals performing
training, as appropriate, to ensure that covered tasks by October 28, 2002.
individuals performing covered tasks (c) Work performance history review
have the necessary knowledge and may be used as a sole evaluation meth-
skills to perform the tasks in a manner od for individuals who were performing
that ensures the safe operation of pipe- a covered task prior to October 26, 1999.
line facilities; and (d) After October 28, 2002, work per-
(i) After December 16, 2004, notify the formance history may not be used as a
Administrator or a state agency par- sole evaluation method.
ticipating under 49 U.S.C. Chapter 601 (e) After December 16, 2004, observa-
if the operator significantly modifies tion of on-the-job performance may not
the program after the administrator or be used as the sole method of evalua-
state agency has verified that it com- tion.
plies with this section. Notifications to [Amdt. 192–86, 64 FR 46865, Aug. 27, 1999, as
PHMSA may be submitted by elec- amended by Amdt. 192–90, 66 FR 43524, Aug.
tronic mail to 20, 2001; Amdt. 192–100, 70 FR 10335, Mar. 3,
InformationResourcesManager@dot.gov, 2005]
or by mail to ATTN: Information Re-
sources Manager DOT/PHMSA/OPS, Subpart O—Gas Transmission
East Building, 2nd Floor, E22–321, New Pipeline Integrity Management
Jersey Avenue SE., Washington, DC
20590. SOURCE: 68 FR 69817, Dec. 15, 2003, unless
[Amdt. 192–86, 64 FR 46865, Aug. 27, 1999, as otherwise noted.
3, 2005; Amdt. 192–120, 80 FR 12779, Mar. 11, § 192.901 What do the regulations in
2015] this subpart cover?
§ 192.807 Recordkeeping. quirements for an integrity manage-
Each operator shall maintain records ment program on any gas transmission
that demonstrate compliance with this pipeline covered under this part. For
subpart. gas transmission pipelines constructed
(a) Qualification records shall in- of plastic, only the requirements in
clude: §§ 192.917, 192.921, 192.935 and 192.937
(1) Identification of qualified indi- apply.
vidual(s);
(2) Identification of the covered tasks § 192.903 What definitions apply to this
the individual is qualified to perform; subpart?
(3) Date(s) of current qualification; The following definitions apply to
and this subpart:
(4) Qualification method(s). Assessment is the use of testing tech-
(b) Records supporting an individ- niques as allowed in this subpart to as-
ual’s current qualification shall be certain the condition of a covered pipe-
maintained while the individual is per- line segment.
forming the covered task. Records of Confirmatory direct assessment is an in-
prior qualification and records of indi- tegrity assessment method using more
viduals no longer performing covered focused application of the principles
tasks shall be retained for a period of and techniques of direct assessment to
five years. identify internal and external corro-
sion in a covered transmission pipeline
§ 192.809 General. segment.
(a) Operators must have a written Covered segment or covered pipeline seg-
qualification program by April 27, 2001. ment means a segment of gas trans-
The program must be available for re- mission pipeline located in a high con-
view by the Administrator or by a sequence area. The terms gas and
state agency participating under 49 transmission line are defined in § 192.3.
489
§ 192.903 49 CFR Ch. I (10–1–15 Edition)
Direct assessment is an integrity as- tended for human occupancy with a

sessment method that utilizes a proc- distance of 660 feet (200 meters) from
ess to evaluate certain threats (i.e., ex- the centerline of the pipeline until De-
ternal corrosion, internal corrosion cember 17, 2006. If an operator chooses
and stress corrosion cracking) to a cov- this approach, the operator must pro-
ered pipeline segment’s integrity. The rate the number of buildings intended
process includes the gathering and infor human occupancy based on the
tegration of risk factor data, indirect ratio of an area with a radius of 660
examination or analysis to identify feet (200 meters) to the area of the po-
areas of suspected corrosion, direct ex- tential impact circle (i.e., the prorated
amination of the pipeline in these number of buildings intended for
areas, and post assessment evaluation. human occupancy is equal to 20 × (660
High consequence area means an area feet) [or 200 meters]/potential impact
established by one of the methods de- radius in feet [or meters] 2).
scribed in paragraphs (1) or (2) as fol- Identified site means each of the fol-
lows: lowing areas:
(1) An area defined as— (a) An outside area or open structure
(i) A Class 3 location under § 192.5; or that is occupied by twenty (20) or more
(ii) A Class 4 location under § 192.5; or persons on at least 50 days in any
(iii) Any area in a Class 1 or Class 2 twelve (12)-month period. (The days
location where the potential impact ra- need not be consecutive.) Examples in-
dius is greater than 660 feet (200 me- clude but are not limited to, beaches,
ters), and the area within a potential playgrounds, recreational facilities,
impact circle contains 20 or more camping grounds, outdoor theaters,
buildings intended for human occu- stadiums, recreational areas near a
pancy; or body of water, or areas outside a rural
(iv) Any area in a Class 1 or Class 2 building such as a religious facility; or
location where the potential impact
(b) A building that is occupied by
circle contains an identified site.
twenty (20) or more persons on at least
(2) The area within a potential im-
five (5) days a week for ten (10) weeks
pact circle containing—
(i) 20 or more buildings intended for in any twelve (12)-month period. (The
human occupancy, unless the exception days and weeks need not be consecu-
in paragraph (4) applies; or tive.) Examples include, but are not
(ii) An identified site. limited to, religious facilities, office
(3) Where a potential impact circle is buildings, community centers, general
calculated under either method (1) or stores, 4-H facilities, or roller skating
(2) to establish a high consequence rinks; or
area, the length of the high con- (c) A facility occupied by persons
sequence area extends axially along who are confined, are of impaired mo-
the length of the pipeline from the out- bility, or would be difficult to evac-
ermost edge of the first potential im- uate. Examples include but are not
pact circle that contains either an limited to hospitals, prisons, schools,
identified site or 20 or more buildings day-care facilities, retirement facili-
intended for human occupancy to the ties or assisted-living facilities.
outermost edge of the last contiguous Potential impact circle is a circle of ra-
potential impact circle that contains dius equal to the potential impact ra-
either an identified site or 20 or more dius (PIR).
buildings intended for human occu- Potential impact radius (PIR) means
pancy. (See figure E.I.A. in appendix the radius of a circle within which the
E.) potential failure of a pipeline could
(4) If in identifying a high con- have significant impact on people or
sequence area under paragraph (1)(iii) property. PIR is determined by the for-
of this definition or paragraph (2)(i) of mula r = 0.69* (square root of (p*d 2)),
this definition, the radius of the poten- where ‘r’ is the radius of a circular area
tial impact circle is greater than 660 in feet surrounding the point of failure,
feet (200 meters), the operator may ‘p’ is the maximum allowable oper-
identify a high consequence area based ating pressure (MAOP) in the pipeline
on a prorated number of buildings in- segment in pounds per square inch and
490
‘d’ is the nominal diameter of the pipe- sponsibilities informs an operator that
line in inches. it does not have the information to
NOTE: 0.69 is the factor for natural gas.
identify an identified site, the operator
This number will vary for other gases de- must use one of the following sources,
pending upon their heat of combustion. An as appropriate, to identify these sites.
operator transporting gas other than natural (i) Visible marking (e.g., a sign); or
gas must use section 3.2 of ASME/ANSI (ii) The site is licensed or registered
B31.8S (incorporated by reference, see § 192.7)
by a Federal, State, or local govern-
to calculate the impact radius formula.
ment agency; or
Remediation is a repair or mitigation (iii) The site is on a list (including a
activity an operator takes on a covered list on an internet web site) or map
segment to limit or reduce the prob- maintained by or available from a Fed-
ability of an undesired event occurring eral, State, or local government agency
or the expected consequences from the and available to the general public.
event. (c) Newly identified areas. When an op-
[68 FR 69817, Dec. 15, 2003, as amended by erator has information that the area
Amdt. 192–95, 69 FR 18231, Apr. 6, 2004; Amdt. around a pipeline segment not pre-
192–95, 69 FR 29904, May 26, 2004; Amdt. 192– viously identified as a high con-
103, 72 FR 4657, Feb. 1, 2007; Amdt. 192–119, 80 sequence area could satisfy any of the
FR 181, Jan. 5, 2015]
definitions in § 192.903, the operator
§ 192.905 How does an operator iden- must complete the evaluation using
tify a high consequence area? method (1) or (2). If the segment is de-
termined to meet the definition as a
(a) General. To determine which seg-
high consequence area, it must be in-
ments of an operator’s transmission
corporated into the operator’s baseline
pipeline system are covered by this
assessment plan as a high consequence
subpart, an operator must identify the
area within one year from the date the
high consequence areas. An operator
must use method (1) or (2) from the def- area is identified.
inition in § 192.903 to identify a high § 192.907 What must an operator do to
consequence area. An operator may implement this subpart?
apply one method to its entire pipeline
system, or an operator may apply one (a) General. No later than December
method to individual portions of the 17, 2004, an operator of a covered pipe-
pipeline system. An operator must de- line segment must develop and follow a
scribe in its integrity management pro- written integrity management pro-
gram which method it is applying to gram that contains all the elements de-
each portion of the operator’s pipeline scribed in § 192.911 and that addresses
system. The description must include the risks on each covered transmission
the potential impact radius when uti- pipeline segment. The initial integrity
lized to establish a high consequence management program must consist, at
area. (See appendix E.I. for guidance on a minimum, of a framework that de-
identifying high consequence areas.) scribes the process for implementing
(b)(1) Identified sites. An operator each program element, how relevant
must identify an identified site, for decisions will be made and by whom, a
purposes of this subpart, from informa- time line for completing the work to
tion the operator has obtained from implement the program element, and
routine operation and maintenance ac- how information gained from experi-
tivities and from public officials with ence will be continuously incorporated
safety or emergency response or plan- into the program. The framework will
ning responsibilities who indicate to evolve into a more detailed and com-
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
491
§ 192.909 49 CFR Ch. I (10–1–15 Edition)
its appendices, where specified. An op- (c) An identification of threats to

erator may follow an equivalent stand- each covered pipeline segment, which
ard or practice only when the operator must include data integration and a
demonstrates the alternative standard risk assessment. An operator must use
or practice provides an equivalent level the threat identification and risk as-
of safety to the public and property. In sessment to prioritize covered seg-
the event of a conflict between this ments for assessment (§ 192.917) and to
subpart and ASME/ANSI B31.8S, the re- evaluate the merits of additional pre-
quirements in this subpart control. ventive and mitigative measures
(§ 192.935) for each covered segment.
§ 192.909 How can an operator change (d) A direct assessment plan, if appli-
its integrity management program?
cable, meeting the requirements of
(a) General. An operator must docu- § 192.923, and depending on the threat
ment any change to its program and assessed, of §§ 192.925, 192.927, or 192.929.
the reasons for the change before im- (e) Provisions meeting the require-
plementing the change. ments of § 192.933 for remediating con-
(b) Notification. An operator must no- ditions found during an integrity as-
tify OPS, in accordance with § 192.949, sessment.
of any change to the program that may (f) A process for continual evaluation
substantially affect the program’s im- and assessment meeting the require-
plementation or may significantly ments of § 192.937.
modify the program or schedule for
(g) If applicable, a plan for confirm-
carrying out the program elements. An
atory direct assessment meeting the
operator must also notify a State or
requirements of § 192.931.
local pipeline safety authority when ei-
(h) Provisions meeting the require-
ther a covered segment is located in a
ments of § 192.935 for adding preventive
State where OPS has an interstate
and mitigative measures to protect the
agent agreement, or an intrastate cov-
high consequence area.
ered segment is regulated by that
State. An operator must provide the (i) A performance plan as outlined in
notification within 30 days after adopt- ASME/ANSI B31.8S, section 9 that in-
ing this type of change into its pro- cludes performance measures meeting
gram. the requirements of § 192.945.
(j) Record keeping provisions meet-
[68 FR 69817, Dec. 15, 2003, as amended by ing the requirements of § 192.947.
Amdt. 192–95, 69 FR 18231, Apr. 6, 2004]
(k) A management of change process
§ 192.911 What are the elements of an as outlined in ASME/ANSI B31.8S, sec-
integrity management program? tion 11.
(l) A quality assurance process as
An operator’s initial integrity man-
outlined in ASME/ANSI B31.8S, section
agement program begins with a frame-
12.
work (see § 192.907) and evolves into a
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
492
located in a State where OPS has an (vi) A performance matrix that dem-
interstate agent agreement. onstrates the program has been effec-
(o) Procedures for ensuring that each tive in ensuring the integrity of the
integrity assessment is being con- covered segments by controlling the
ducted in a manner that minimizes en- identified threats to the covered seg-
vironmental and safety risks. ments;
(p) A process for identification and (vii) Semi-annual performance meas-
assessment of newly-identified high ures beyond those required in § 192.945
consequence areas. (See § 192.905 and that are part of the operator’s perform-
§ 192.921.) ance plan. (See § 192.911(i).) An operator
[68 FR 69817, Dec. 15, 2003, as amended by must submit these measures, by elec-
Amdt. 192–95, 69 FR 18231, Apr. 6, 2004] tronic or other means, on a semi-an-
nual frequency to OPS in accordance
§ 192.913 When may an operator devi- with § 192.951; and
ate its program from certain re- (viii) An analysis that supports the
quirements of this subpart? desired integrity reassessment interval
(a) General. ASME/ANSI B31.8S (in- and the remediation methods to be
corporated by reference, see § 192.7) pro- used for all covered segments.
vides the essential features of a per- (2) In addition to the requirements
formance-based or a prescriptive integ- for the performance-based plan, an op-
rity management program. An oper- erator must—
ator that uses a performance-based ap- (i) Have completed at least two in-
proach that satisfies the requirements tegrity assessments on each covered
for exceptional performance in para- pipeline segment the operator is in-
graph (b) of this section may deviate cluding under the performance-based
from certain requirements in this sub- approach, and be able to demonstrate
part, as provided in paragraph (c) of that each assessment effectively ad-
this section. dressed the identified threats on the
(b) Exceptional performance. An oper- covered segment.
ator must be able to demonstrate the (ii) Remediate all anomalies identi-
exceptional performance of its integ- fied in the more recent assessment ac-
rity management program through the cording to the requirements in § 192.933,
following actions. and incorporate the results and lessons
(1) To deviate from any of the re- learned from the more recent assess-
quirements set forth in paragraph (c) of ment into the operator’s data integra-
this section, an operator must have a tion and risk assessment.
performance-based integrity manage-
(c) Deviation. Once an operator has
ment program that meets or exceed the
demonstrated that it has satisfied the
performance-based requirements of
requirements of paragraph (b) of this
ASME/ANSI B31.8S and includes, at a
section, the operator may deviate from
minimum, the following elements—
the prescriptive requirements of
(i) A comprehensive process for risk
ASME/ANSI B31.8S and of this subpart
analysis;
only in the following instances.
(ii) All risk factor data used to sup-
(1) The time frame for reassessment
port the program;
as provided in § 192.939 except that reas-
(iii) A comprehensive data integra-
sessment by some method allowed
tion process;
under this subpart (e.g., confirmatory
(iv) A procedure for applying lessons
direct assessment) must be carried out
learned from assessment of covered
at intervals no longer than seven
pipeline segments to pipeline segments
years;
not covered by this subpart;
(2) The time frame for remediation as
(v) A procedure for evaluating every
provided in § 192.933 if the operator
incident, including its cause, within
demonstrates the time frame will not
the operator’s sector of the pipeline in-
dustry for implications both to the op- jeopardize the safety of the covered
segment.
erator’s pipeline system and to the op-

erator’s integrity management pro- [68 FR 69817, Dec. 15, 2003, as amended by
gram; Amdt. 192–95, 69 FR 18231, Apr. 6, 2004]
493
§ 192.915 49 CFR Ch. I (10–1–15 Edition)
§ 192.915 What knowledge and training (1) Time dependent threats such as
must personnel have to carry out internal corrosion, external corrosion,
an integrity management program? and stress corrosion cracking;
(a) Supervisory personnel. The integ- (2) Static or resident threats, such as
rity management program must pro- fabrication or construction defects;
(3) Time independent threats such as
vide that each supervisor whose re-
third party damage and outside force
sponsibilities relate to the integrity
damage; and
management program possesses and
(4) Human error.
maintains a thorough knowledge of the
(b) Data gathering and integration. To
integrity management program and of identify and evaluate the potential
the elements for which the supervisor threats to a covered pipeline segment,
is responsible. The program must pro- an operator must gather and integrate
vide that any person who qualifies as a existing data and information on the
supervisor for the integrity manage- entire pipeline that could be relevant
ment program has appropriate training to the covered segment. In performing
or experience in the area for which the this data gathering and integration, an
person is responsible. operator must follow the requirements
(b) Persons who carry out assessments in ASME/ANSI B31.8S, section 4. At a
and evaluate assessment results. The in- minimum, an operator must gather and
tegrity management program must evaluate the set of data specified in Ap-
provide criteria for the qualification of pendix A to ASME/ANSI B31.8S, and
any person— consider both on the covered segment
(1) Who conducts an integrity assess- and similar non-covered segments, past
ment allowed under this subpart; or incident history, corrosion control
(2) Who reviews and analyzes the re- records, continuing surveillance
sults from an integrity assessment and records, patrolling records, mainte-
evaluation; or nance history, internal inspection
(3) Who makes decisions on actions records and all other conditions spe-
to be taken based on these assess- cific to each pipeline.
ments. (c) Risk assessment. An operator must
(c) Persons responsible for preventive conduct a risk assessment that follows
and mitigative measures. The integrity ASME/ANSI B31.8S, section 5, and con-
siders the identified threats for each
management program must provide
covered segment. An operator must use
criteria for the qualification of any
the risk assessment to prioritize the
person—
covered segments for the baseline and
(1) Who implements preventive and continual reassessments (§§ 192.919,
mitigative measures to carry out this 192.921, 192.937), and to determine what
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- covered segment using the information
tify potential threats to pipeline in- in sections 4 and 5 of ASME B31.8S, and
tegrity and use the threat identi-
fication in its integrity program? consider any threats unique to the in-
tegrity of plastic pipe.
(a) Threat identification. An operator (e) Actions to address particular
must identify and evaluate all poten- threats. If an operator identifies any of
tial threats to each covered pipeline the following threats, the operator
segment. Potential threats that an op- must take the following actions to ad-
erator must consider include, but are dress the threat.
not limited to, the threats listed in (1) Third party damage. An operator
ASME/ANSI B31.8S (incorporated by must utilize the data integration re-
reference, see § 192.7), section 2, which quired in paragraph (b) of this section
are grouped under the following four and ASME/ANSI B31.8S, Appendix A7
categories: to determine the susceptibility of each
494
covered segment to the threat of third ator must prioritize the covered seg-
party damage. If an operator identifies ment as a high risk segment for the
the threat of third party damage, the baseline assessment or a subsequent re-
operator must implement comprehen- assessment.
sive additional preventive measures in (i) Operating pressure increases
accordance with § 192.935 and monitor above the maximum operating pressure
the effectiveness of the preventive experienced during the preceding five
measures. If, in conducting a baseline years;
assessment under § 192.921, or a reas- (ii) MAOP increases; or
sessment under § 192.937, an operator (iii) The stresses leading to cyclic fa-
uses an internal inspection tool or ex- tigue increase.
ternal corrosion direct assessment, the (4) ERW pipe. If a covered pipeline
operator must integrate data from segment contains low frequency elec-
these assessments with data related to tric resistance welded pipe (ERW), lap
any encroachment or foreign line welded pipe or other pipe that satisfies
crossing on the covered segment, to de- the conditions specified in ASME/ANSI
fine where potential indications of B31.8S, Appendices A4.3 and A4.4, and
third party damage may exist in the any covered or noncovered segment in
covered segment. the pipeline system with such pipe has
An operator must also have proce- experienced seam failure, or operating
dures in its integrity management pro- pressure on the covered segment has
gram addressing actions it will take to increased over the maximum operating
respond to findings from this data inte- pressure experienced during the pre-
gration. ceding five years, an operator must se-
(2) Cyclic fatigue. An operator must lect an assessment technology or tech-
evaluate whether cyclic fatigue or nologies with a proven application ca-
other loading condition (including pable of assessing seam integrity and
ground movement, suspension bridge seam corrosion anomalies. The oper-
condition) could lead to a failure of a ator must prioritize the covered seg-
deformation, including a dent or gouge, ment as a high risk segment for the
or other defect in the covered segment. baseline assessment or a subsequent re-
An evaluation must assume the pres- assessment.
ence of threats in the covered segment (5) Corrosion. If an operator identifies
that could be exacerbated by cyclic fa- corrosion on a covered pipeline seg-
tigue. An operator must use the results ment that could adversely affect the
from the evaluation together with the integrity of the line (conditions speci-
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
495
§ 192.921 49 CFR Ch. I (10–1–15 Edition)
the threat identification. (See corrosion, and stress corrosion crack-

§ 192.917.); ing. An operator must conduct the di-
(b) The methods selected to assess rect assessment in accordance with the
the integrity of the line pipe, including requirements listed in § 192.923 and
an explanation of why the assessment with, as applicable, the requirements
method was selected to address the specified in §§ 192.925, 192.927 or 192.929;
identified threats to each covered seg- (4) Other technology that an operator
ment. The integrity assessment meth- demonstrates can provide an equiva-
od an operator uses must be based on lent understanding of the condition of
the threats identified to the covered the line pipe. An operator choosing this
segment. (See § 192.917.) More than one option must notify the Office of Pipe-
method may be required to address all line Safety (OPS) 180 days before con-
the threats to the covered pipeline seg- ducting the assessment, in accordance
ment; with § 192.949. An operator must also
(c) A schedule for completing the in- notify a State or local pipeline safety
tegrity assessment of all covered seg- authority when either a covered seg-
ments, including risk factors consid- ment is located in a State where OPS
ered in establishing the assessment has an interstate agent agreement, or
schedule; an intrastate covered segment is regu-
(d) If applicable, a direct assessment lated by that State.
plan that meets the requirements of (b) Prioritizing segments. An operator
§§ 192.923, and depending on the threat must prioritize the covered pipeline
to be addressed, of § 192.925, § 192.927, or segments for the baseline assessment
§ 192.929; and according to a risk analysis that con-
(e) A procedure to ensure that the siders the potential threats to each
baseline assessment is being conducted covered segment. The risk analysis
in a manner that minimizes environ- must comply with the requirements in
mental and safety risks.
§ 192.917.
§ 192.921 How is the baseline assess- (c) Assessment for particular threats. In
ment to be conducted? choosing an assessment method for the
(a) Assessment methods. An operator baseline assessment of each covered
must assess the integrity of the line segment, an operator must take the ac-
pipe in each covered segment by apply- tions required in § 192.917(e) to address
ing one or more of the following meth- particular threats that it has identi-
ods depending on the threats to which fied.
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
496
to the requirements of § 192.937 and § 192.7), section 6.4, appendix B2, if ad-
§ 192.939. dressing internal corrosion (IC).
(f) Newly identified areas. When an op- (3) Section 192.929 and ASME/ANSI
erator identifies a new high con- B31.8S (incorporated by reference, see
sequence area (see § 192.905), an operator § 192.7), appendix A3, if addressing
must complete the baseline assessment stress corrosion cracking (SCC).
of the line pipe in the newly identified (c) Supplemental method. An operator
high consequence area within ten (10) using direct assessment as a supple-
years from the date the area is identi- mental assessment method for any ap-
fied. plicable threat must have a plan that
(g) Newly installed pipe. An operator follows the requirements for confirm-
must complete the baseline assessment atory direct assessment in § 192.931.
of a newly-installed segment of pipe
covered by this subpart within ten (10) [68 FR 69817, Dec. 15, 2003, as amended by
years from the date the pipe is in- Amdt. 192–114, 75 FR 48604, Aug. 11, 2010;
stalled. An operator may conduct a Amdt. 192–119, 80 FR 178, 182, Jan. 5, 2015; 80
pressure test in accordance with para- FR 46847, Aug. 6, 2015]
graph (a)(2) of this section, to satisfy
§ 192.925 What are the requirements
the requirement for a baseline assess-
for using External Corrosion Direct
ment. Assessment (ECDA)?
(h) Plastic transmission pipeline. If the
threat analysis required in § 192.917(d) (a) Definition. ECDA is a four-step
on a plastic transmission pipeline indi- process that combines preassessment,
cates that a covered segment is suscep- indirect inspection, direct examina-
tible to failure from causes other than tion, and post assessment to evaluate
third-party damage, an operator must the threat of external corrosion to the
conduct a baseline assessment of the integrity of a pipeline.
segment in accordance with the re- (b) General requirements. An operator
quirements of this section and of that uses direct assessment to assess
§ 192.917. The operator must justify the the threat of external corrosion must
use of an alternative assessment meth- follow the requirements in this section,
od that will address the identified in ASME/ANSI B31.8S (incorporated by
threats to the covered segment. reference, see § 192.7), section 6.4, and in
NACE SP0502 (incorporated by ref-
[68 FR 69817, Dec. 15, 2003, as amended by
Amdt. 192–95, 69 FR 18232, Apr. 6, 2004] erence, see § 192.7). An operator must
develop and implement a direct assess-
§ 192.923 How is direct assessment ment plan that has procedures address-
used and for what threats? ing pre-assessment, indirect inspec-
(a) General. An operator may use dition, direct examination, and post as-
rect assessment either as a primary assessment. If the ECDA detects pipeline
sessment method or as a supplement to coating damage, the operator must
the other assessment methods allowed also integrate the data from the ECDA
under this subpart. An operator may with other information from the data
only use direct assessment as the pri- integration (§ 192.917(b)) to evaluate the
mary assessment method to address covered segment for the threat of third
the identified threats of external corro- party damage and to address the threat
sion (EC), internal corrosion (IC), and as required by § 192.917(e)(1).
stress corrosion cracking (SCC). (1) Preassessment. In addition to the
(b) Primary method. An operator using requirements in ASME/ANSI B31.8S
direct assessment as a primary assess- section 6.4 and NACE SP0502, section 3,
ment method must have a plan that the plan’s procedures for preassessment
complies with the requirements in— must include—
(1) Section 192.925 and ASME/ANSI (i) Provisions for applying more re-
B31.8S (incorporated by reference, see strictive criteria when conducting
§ 192.7) section 6.4, and NACE SP0502 ECDA for the first time on a covered
(incorporated by reference, see § 192.7) , segment; and
if addressing external corrosion (EC). (ii) The basis on which an operator

(2) Section 192.927 and ASME/ANSI selects at least two different, but com-
B31.8S (incorporated by reference, see plementary indirect assessment tools
497
§ 192.927 49 CFR Ch. I (10–1–15 Edition)
to assess each ECDA Region. If an op- (iii) Criteria and notification proce-
erator utilizes an indirect inspection dures for any changes in the ECDA
method that is not discussed in Appen- Plan, including changes that affect the
dix A of NACE SP0502, the operator severity classification, the priority of
must demonstrate the applicability, direct examination, and the time frame
validation basis, equipment used, ap- for direct examination of indications;
plication procedure, and utilization of and
data for the inspection method. (iv) Criteria that describe how and on
(2) Indirect inspection. In addition to what basis an operator will reclassify
the requirements in ASME/ANSI and reprioritize any of the provisions
B31.8S, section 6.4 and in NACE SP0502, that are specified in section 5.9 of
section 4, the plan’s procedures for in- NACE SP0502.
direct inspection of the ECDA regions (4) Post assessment and continuing
must include— evaluation. In addition to the require-
(i) Provisions for applying more re- ments in ASME/ANSI B31.8S section 6.4
strictive criteria when conducting and NACE SP0502, section 6, the plan’s
ECDA for the first time on a covered procedures for post assessment of the
segment; effectiveness of the ECDA process must
(ii) Criteria for identifying and docu- include—
menting those indications that must be (i) Measures for evaluating the long-
considered for excavation and direct term effectiveness of ECDA in address-
examination. Minimum identification ing external corrosion in covered seg-
criteria include the known sensitivities ments; and
of assessment tools, the procedures for (ii) Criteria for evaluating whether
using each tool, and the approach to be conditions discovered by direct exam-
used for decreasing the physical spac- ination of indications in each ECDA re-
ing of indirect assessment tool read- gion indicate a need for reassessment
ings when the presence of a defect is of the covered segment at an interval
suspected; less than that specified in § 192.939. (See
(iii) Criteria for defining the urgency Appendix D of NACE SP0502.)
of excavation and direct examination
of each indication identified during the [68 FR 69817, Dec. 15, 2003, as amended by
Amdt. 192–95, 69 FR 29904, May 26, 2004; Amdt.
indirect examination. These criteria
192–114, 75 FR 48604, Aug. 11, 2010; Amdt. 192–
must specify how an operator will de- 119, 80 FR 178, Jan. 5, 2015; Amdt. 192–120, 80
fine the urgency of excavating the indi- FR 12779, Mar. 11, 2015]
cation as immediate, scheduled or
monitored; and § 192.927 What are the requirements
(iv) Criteria for scheduling exca- for using Internal Corrosion Direct
vation of indications for each urgency Assessment (ICDA)?
level. (a) Definition. Internal Corrosion Di-
(3) Direct examination. In addition to rect Assessment (ICDA) is a process an
the requirements in ASME/ANSI B31.8S operator uses to identify areas along
section 6.4 and NACE SP0502, section 5, the pipeline where fluid or other elec-
the plan’s procedures for direct exam- trolyte introduced during normal oper-
ination of indications from the indirect ation or by an upset condition may re-
examination must include— side, and then focuses direct examina-
(i) Provisions for applying more re- tion on the locations in covered seg-
strictive criteria when conducting ments where internal corrosion is most
ECDA for the first time on a covered likely to exist. The process identifies
segment; the potential for internal corrosion
(ii) Criteria for deciding what action caused by microorganisms, or fluid
should be taken if either: with CO2, O2, hydrogen sulfide or other
(A) Corrosion defects are discovered contaminants present in the gas.
that exceed allowable limits (Section (b) General requirements. An operator
5.5.2.2 of NACE SP0502), or using direct assessment as an assess-
(B) Root cause analysis reveals con- ment method to address internal corro-
ditions for which ECDA is not suitable sion in a covered pipeline segment
(Section 5.6.2 of NACE SP0502); must follow the requirements in this
498
section and in ASME/ANSI B31.8S (in- sets have occurred, and potential dam-
corporated by reference, see § 192.7), sec- age resulting from these upset condi-
tion 6.4 and appendix B2. The ICDA tions; and
process described in this section ap- (iv) Information on covered segments
plies only for a segment of pipe trans- where cleaning pigs may not have been
porting nominally dry natural gas, and used or where cleaning pigs may de-
not for a segment with electrolyte posit electrolytes.
nominally present in the gas stream. If (2) ICDA region identification. An oper-
an operator uses ICDA to assess a cov- ator’s plan must identify where all
ered segment operating with electro- ICDA Regions are located in the trans-
lyte present in the gas stream, the op- mission system, in which covered seg-
erator must develop a plan that dem- ments are located. An ICDA Region ex-
onstrates how it will conduct ICDA in tends from the location where liquid
the segment to effectively address in- may first enter the pipeline and encom-
ternal corrosion, and must provide no- passes the entire area along the pipe-
tification in accordance with § 192.921 line where internal corrosion may
(a)(4) or § 192.937(c)(4). occur and where further evaluation is
(c) The ICDA plan. An operator must needed. An ICDA Region may encom-
develop and follow an ICDA plan that pass one or more covered segments. In
provides for preassessment, identifica- the identification process, an operator
tion of ICDA regions and excavation lo- must use the model in GRI 02–0057,
cations, detailed examination of pipe ‘‘Internal Corrosion Direct Assessment
at excavation locations, and post-as- of Gas Transmission Pipelines—Meth-
sessment evaluation and monitoring. odology,’’ (incorporated by reference,
(1) Preassessment. In the see § 192.7). An operator may use an-
preassessment stage, an operator must other model if the operator dem-
gather and integrate data and informa- onstrates it is equivalent to the one
tion needed to evaluate the feasibility shown in GRI 02–0057. A model must
of ICDA for the covered segment, and consider changes in pipe diameter, lo-
to support use of a model to identify cations where gas enters a line (poten-
the locations along the pipe segment tial to introduce liquid) and locations
where electrolyte may accumulate, to down stream of gas draw-offs (where
identify ICDA regions, and to identify gas velocity is reduced) to define the
areas within the covered segment critical pipe angle of inclination above
where liquids may potentially be en- which water film cannot be transported
trained. This data and information in- by the gas.
cludes, but is not limited to— (3) Identification of locations for exca-
(i) All data elements listed in appen- vation and direct examination. An opera-
dix A2 of ASME/ANSI B31.8S; tor’s plan must identify the locations
(ii) Information needed to support where internal corrosion is most likely
use of a model that an operator must in each ICDA region. In the location
use to identify areas along the pipeline identification process, an operator
where internal corrosion is most likely must identify a minimum of two loca-
to occur. (See paragraph (a) of this sections for excavation within each ICDA
tion.) This information, includes, but is Region within a covered segment and
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—
499
§ 192.929 49 CFR Ch. I (10–1–15 Edition)
(i) Evaluate the severity of the defect and remediate the conditions the oper-
(remaining strength) and remediate ator finds in accordance with § 192.933.
the defect in accordance with § 192.933; (A) Conduct excavations of covered
(ii) As part of the operator’s current segments at locations downstream
integrity assessment either perform from where the electrolyte might have
additional excavations in each covered entered the pipe; or
segment within the ICDA region, or use (B) Assess the covered segment using
an alternative assessment method al- another integrity assessment method
lowed by this subpart to assess the line allowed by this subpart.
pipe in each covered segment within (5) Other requirements. The ICDA plan
the ICDA region for internal corrosion; must also include—
and (i) Criteria an operator will apply in
(iii) Evaluate the potential for inter- making key decisions (e.g., ICDA feasi-
nal corrosion in all pipeline segments bility, definition of ICDA Regions, con-
(both covered and non-covered) in the ditions requiring excavation) in imple-
operator’s pipeline system with similar menting each stage of the ICDA proc-
characteristics to the ICDA region con- ess;
taining the covered segment in which (ii) Provisions for applying more re-
the corrosion was found, and as appro- strictive criteria when conducting
priate, remediate the conditions the ICDA for the first time on a covered
operator finds in accordance with segment and that become less strin-
§ 192.933. gent as the operator gains experience;
and
(4) Post-assessment evaluation and
(iii) Provisions that analysis be car-
monitoring. An operator’s plan must
ried out on the entire pipeline in which
provide for evaluating the effectiveness covered segments are present, except
of the ICDA process and continued that application of the remediation cri-
monitoring of covered segments where teria of § 192.933 may be limited to cov-
internal corrosion has been identified. ered segments.
The evaluation and monitoring process
includes— [68 FR 69817, Dec. 15, 2003, as amended by
(i) Evaluating the effectiveness of Amdt. 192–95, 69 FR 18232, Apr. 6, 2004]
ICDA as an assessment method for ad- § 192.929 What are the requirements
dressing internal corrosion and deter- for using Direct Assessment for
mining whether a covered segment Stress Corrosion Cracking
should be reassessed at more frequent (SCCDA)?
intervals than those specified in (a) Definition. Stress Corrosion
§ 192.939. An operator must carry out Cracking Direct Assessment (SCCDA)
this evaluation within a year of con- is a process to assess a covered pipe
ducting an ICDA; and segment for the presence of SCC pri-
(ii) Continually monitoring each cov- marily by systematically gathering
ered segment where internal corrosion and analyzing excavation data for pipe
has been identified using techniques having similar operational characteris-
such as coupons, UT sensors or elec- tics and residing in a similar physical
tronic probes, periodically drawing off environment.
liquids at low points and chemically (b) General requirements. An operator
analyzing the liquids for the presence using direct assessment as an integrity
of corrosion products. An operator assessment method to address stress
must base the frequency of the moni- corrosion cracking in a covered pipe-
toring and liquid analysis on results line segment must have a plan that
from all integrity assessments that provides, at minimum, for—
have been conducted in accordance (1) Data gathering and integration. An
with the requirements of this subpart, operator’s plan must provide for a sys-
and risk factors specific to the covered tematic process to collect and evaluate
segment. If an operator finds any evi- data for all covered segments to iden-
dence of corrosion products in the cov- tify whether the conditions for SCC are
ered segment, the operator must take present and to prioritize the covered
prompt action in accordance with one segments for assessment. This process
of the two following required actions must include gathering and evaluating
500
data related to SCC at all sites an oper- (d) Defects requiring near-term remedi-
ator excavates during the conduct of ation. If an assessment carried out
its pipeline operations where the cri- under paragraph (b) or (c) of this sec-
teria in ASME/ANSI B31.8S (incor- tion reveals any defect requiring reme-
porated by reference, see § 192.7), appen- diation prior to the next scheduled as-
dix A3.3 indicate the potential for SCC. sessment, the operator must schedule
This data includes at minimum, the the next assessment in accordance with
data specified in ASME/ANSI B31.8S, NACE SP0502 (incorporated by ref-
appendix A3. erence, see § 192.7), section 6.2 and 6.3. If
(2) Assessment method. The plan must the defect requires immediate remedi-
provide that if conditions for SCC are ation, then the operator must reduce
identified in a covered segment, an op- pressure consistent with § 192.933 until
erator must assess the covered segment the operator has completed reassess-
using an integrity assessment method ment using one of the assessment tech-
specified in ASME/ANSI B31.8S, appen- niques allowed in § 192.937.
dix A3, and remediate the threat in ac-
cordance with ASME/ANSI B31.8S, ap- [68 FR 69817, Dec. 15, 2003, as amended by
Amdt. 192–114, 75 FR 48604, Aug. 11, 2010;
pendix A3, section A3.4. Amdt. 192–119, 80 FR 178, Jan. 5, 2015]
Amdt. 192–95, 69 FR 18233, Apr. 6, 2004] § 192.933 What actions must be taken
to address integrity issues?
§ 192.931 How may Confirmatory Di- (a) General requirements. An operator
rect Assessment (CDA) be used?
must take prompt action to address all
An operator using the confirmatory anomalous conditions the operator dis-
direct assessment (CDA) method as al- covers through the integrity assess-
lowed in § 192.937 must have a plan that ment. In addressing all conditions, an
meets the requirements of this section operator must evaluate all anomalous
and of §§ 192.925 (ECDA) and § 192.927 conditions and remediate those that
(ICDA). could reduce a pipeline’s integrity. An
(a) Threats. An operator may only use operator must be able to demonstrate
CDA on a covered segment to identify that the remediation of the condition
damage resulting from external corro- will ensure the condition is unlikely to
sion or internal corrosion. pose a threat to the integrity of the
(b) External corrosion plan. An opera- pipeline until the next reassessment of
tor’s CDA plan for identifying external the covered segment.
corrosion must comply with § 192.925 (1) Temporary pressure reduction. If an
with the following exceptions. operator is unable to respond within
(1) The procedures for indirect exam- the time limits for certain conditions
ination may allow use of only one indi- specified in this section, the operator
rect examination tool suitable for the must temporarily reduce the operating
application. pressure of the pipeline or take other
(2) The procedures for direct exam- action that ensures the safety of the
ination and remediation must provide covered segment. An operator must de-
that— termine any temporary reduction in
(i) All immediate action indications operating pressure required by this sec-
must be excavated for each ECDA re- tion using ASME/ANSI B31G (incor-
gion; and porated by reference, see § 192.7); Pipe-
(ii) At least one high risk indication line Research Council, International,
that meets the criteria of scheduled ac- PR–3–805 (R–STRENG) (incorporated by
tion must be excavated in each ECDA reference, see § 192.7); or by reducing
region. the operating pressure to a level not
(c) Internal corrosion plan. An opera- exceeding 80 percent of the level at the
tor’s CDA plan for identifying internal time the condition was discovered. An
corrosion must comply with § 192.927 operator must notify PHMSA in ac-
except that the plan’s procedures for cordance with § 192.949 if it cannot meet
identifying locations for excavation the schedule for evaluation and reme-
may require excavation of only one diation required under paragraph (c) of
high risk location in each ICDA region. this section and cannot provide safety
501
§ 192.933 49 CFR Ch. I (10–1–15 Edition)
through a temporary reduction in oper- (d) Special requirements for scheduling

ating pressure or through another ac- remediation—(1) Immediate repair condi-
tion. An operator must also notify a tions. An operator’s evaluation and re-
State pipeline safety authority when mediation schedule must follow ASME/
either a covered segment is located in ANSI B31.8S, section 7 in providing for
a State where PHMSA has an inter- immediate repair conditions. To main-
state agent agreement or an intrastate tain safety, an operator must tempo-
covered segment is regulated by that rarily reduce operating pressure in ac-
State. cordance with paragraph (a) of this sec-
(2) Long-term pressure reduction. When tion or shut down the pipeline until the
a pressure reduction exceeds 365 days, operator completes the repair of these
the operator must notify PHMSA conditions. An operator must treat the
under § 192.949 and explain the reasons following conditions as immediate re-
for the remediation delay. This notice pair conditions:
must include a technical justification (i) A calculation of the remaining
that the continued pressure reduction strength of the pipe shows a predicted
will not jeopardize the integrity of the failure pressure less than or equal to
pipeline. The operator also must notify 1.1 times the maximum allowable oper-
a State pipeline safety authority when ating pressure at the location of the
either a covered segment is located in anomaly. Suitable remaining strength
a State where PHMSA has an inter- calculation methods include ASME/
state agent agreement, or an intrastate ANSI B31G (incorporated by reference,
covered segment is regulated by that see § 192.7) , PRCI PR–3–805 (R–
State. STRENG) (incorporated by reference,
(b) Discovery of condition. Discovery see § 192.7), or an alternative equivalent
of a condition occurs when an operator method of remaining strength calcula-
has adequate information about a con- tion.
dition to determine that the condition
(ii) A dent that has any indication of
presents a potential threat to the in-
metal loss, cracking or a stress riser.
tegrity of the pipeline. A condition
(iii) An indication or anomaly that in
that presents a potential threat in-
cludes, but is not limited to, those con- the judgment of the person designated
ditions that require remediation or by the operator to evaluate the assess-
monitoring listed under paragraphs ment results requires immediate ac-
(d)(1) through (d)(3) of this section. An tion.
operator must promptly, but no later (2) One-year conditions. Except for
than 180 days after conducting an in- conditions listed in paragraph (d)(1)
tegrity assessment, obtain sufficient and (d)(3) of this section, an operator
information about a condition to make must remediate any of the following
that determination, unless the oper- within one year of discovery of the con-
ator demonstrates that the 180-day pe- dition:
riod is impracticable. (i) A smooth dent located between
(c) Schedule for evaluation and remedi- the 8 o’clock and 4 o’clock positions
ation. An operator must complete re- (upper 2⁄3 of the pipe) with a depth
mediation of a condition according to a greater than 6% of the pipeline diame-
schedule prioritizing the conditions for ter (greater than 0.50 inches in depth
evaluation and remediation. Unless a for a pipeline diameter less than Nomi-
special requirement for remediating nal Pipe Size (NPS) 12).
certain conditions applies, as provided (ii) A dent with a depth greater than
in paragraph (d) of this section, an op- 2% of the pipeline’s diameter (0.250
erator must follow the schedule in inches in depth for a pipeline diameter
ASME/ANSI B31.8S (incorporated by less than NPS 12) that affects pipe cur-
reference, see § 192.7), section 7, Figure vature at a girth weld or at a longitu-
4. If an operator cannot meet the dinal seam weld.
schedule for any condition, the oper- (3) Monitored conditions. An operator
ator must explain the reasons why it does not have to schedule the following
cannot meet the schedule and how the conditions for remediation, but must
changed schedule will not jeopardize record and monitor the conditions dur-
public safety. ing subsequent risk assessments and
502
integrity assessments for any change pipe of heavier wall thickness, pro-
that may require remediation: viding additional training to personnel
(i) A dent with a depth greater than on response procedures, conducting
6% of the pipeline diameter (greater drills with local emergency responders
than 0.50 inches in depth for a pipeline and implementing additional inspec-
diameter less than NPS 12) located be- tion and maintenance programs.
tween the 4 o’clock position and the 8 (b) Third party damage and outside
o’clock position (bottom 1⁄3 of the pipe). force damage—
(ii) A dent located between the 8 (1) Third party damage. An operator
o’clock and 4 o’clock positions (upper must enhance its damage prevention
2⁄3 of the pipe) with a depth greater program, as required under § 192.614 of
than 6% of the pipeline diameter this part, with respect to a covered seg-
(greater than 0.50 inches in depth for a ment to prevent and minimize the con-
pipeline diameter less than Nominal sequences of a release due to third
Pipe Size (NPS) 12), and engineering party damage. Enhanced measures to
analyses of the dent demonstrate crit- an existing damage prevention pro-
ical strain levels are not exceeded. gram include, at a minimum—
(iii) A dent with a depth greater than (i) Using qualified personnel (see
2% of the pipeline’s diameter (0.250 § 192.915) for work an operator is con-
inches in depth for a pipeline diameter ducting that could adversely affect the
less than NPS 12) that affects pipe cur- integrity of a covered segment, such as
vature at a girth weld or a longitudinal marking, locating, and direct super-
seam weld, and engineering analyses of vision of known excavation work.
the dent and girth or seam weld dem- (ii) Collecting in a central database
onstrate critical strain levels are not information that is location specific on
exceeded. These analyses must consider excavation damage that occurs in cov-
weld properties. ered and non covered segments in the
transmission system and the root
Amdt. 192–95, 69 FR 18233, Apr. 6, 2004; Amdt.
cause analysis to support identification
192–104, 72 FR 39016, July 17, 2007; Amdt. 192– of targeted additional preventative and
119, 80 FR 182, Jan. 5, 2015; 80 FR 46847, Aug. mitigative measures in the high con-
6, 2015] sequence areas. This information must
include recognized damage that is not
§ 192.935 What additional preventive required to be reported as an incident
and mitigative measures must an under part 191.
operator take? (iii) Participating in one-call systems
(a) General requirements. An operator in locations where covered segments
must take additional measures beyond are present.
those already required by Part 192 to (iv) Monitoring of excavations con-
prevent a pipeline failure and to miti- ducted on covered pipeline segments by
gate the consequences of a pipeline pipeline personnel. If an operator finds
failure in a high consequence area. An physical evidence of encroachment in-
operator must base the additional volving excavation that the operator
measures on the threats the operator did not monitor near a covered seg-
has identified to each pipeline segment, an operator must either exca-
ment. (See § 192.917) An operator must vate the area near the encroachment or
conduct, in accordance with one of the conduct an above ground survey using
risk assessment approaches in ASME/ methods defined in NACE SP0502 (in-
ANSI B31.8S (incorporated by ref- corporated by reference, see § 192.7). An
erence, see § 192.7), section 5, a risk operator must excavate, and reme-
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
503
§ 192.937 49 CFR Ch. I (10–1–15 Edition)
must take measures to minimize the (b)(1)(iv) of this section to the covered
consequences to the covered segment segments of the pipeline.
from outside force damage. These [68 FR 69817, Dec. 15, 2003, as amended by
measures include, but are not limited Amdt. 192–95, 69 FR 18233, Apr. 6, 2004; Amdt.
to, increasing the frequency of aerial, 192–95, 69 FR 29904, May 26, 2004; Amdt. 192–
foot or other methods of patrols, add- 114, 75 FR 48604, Aug. 11, 2010; Amdt. 192–119,
ing external protection, reducing exter- 80 FR 178, Jan. 5, 2015]
nal stress, and relocating the line.
§ 192.937 What is a continual process
(c) Automatic shut-off valves (ASV) or of evaluation and assessment to
Remote control valves (RCV). If an oper- maintain a pipeline’s integrity?
ator determines, based on a risk anal-
(a) General. After completing the
ysis, that an ASV or RCV would be an baseline integrity assessment of a cov-
efficient means of adding protection to ered segment, an operator must con-
a high consequence area in the event of tinue to assess the line pipe of that
a gas release, an operator must install segment at the intervals specified in
the ASV or RCV. In making that deter- § 192.939 and periodically evaluate the
mination, an operator must, at least, integrity of each covered pipeline seg-
consider the following factors—swift- ment as provided in paragraph (b) of
ness of leak detection and pipe shut- this section. An operator must reassess
down capabilities, the type of gas being a covered segment on which a prior as-
transported, operating pressure, the sessment is credited as a baseline
rate of potential release, pipeline pro- under § 192.921(e) by no later than De-
file, the potential for ignition, and lo- cember 17, 2009. An operator must reas-
cation of nearest response personnel. sess a covered segment on which a
(d) Pipelines operating below 30% baseline assessment is conducted dur-
SMYS. An operator of a transmission ing the baseline period specified in
pipeline operating below 30% SMYS lo- § 192.921(d) by no later than seven years
cated in a high consequence area must after the baseline assessment of that
follow the requirements in paragraphs covered segment unless the evaluation
(d)(1) and (d)(2) of this section. An oper- under paragraph (b) of this section in-
dicates earlier reassessment.
ator of a transmission pipeline oper-
(b) Evaluation. An operator must con-
ating below 30% SMYS located in a
duct a periodic evaluation as fre-
Class 3 or Class 4 area but not in a high
quently as needed to assure the integ-
consequence area must follow the re- rity of each covered segment. The peri-
quirements in paragraphs (d)(1), (d)(2) odic evaluation must be based on a
and (d)(3) of this section. data integration and risk assessment of
(1) Apply the requirements in para- the entire pipeline as specified in
graphs (b)(1)(i) and (b)(1)(iii) of this § 192.917. For plastic transmission pipe-
section to the pipeline; and lines, the periodic evaluation is based
(2) Either monitor excavations near on the threat analysis specified in
the pipeline, or conduct patrols as re- 192.917(d). For all other transmission
quired by § 192.705 of the pipeline at bi- pipelines, the evaluation must consider
monthly intervals. If an operator finds the past and present integrity assess-
any indication of unreported construc- ment results, data integration and risk
tion activity, the operator must con- assessment information (§ 192.917), and
duct a follow up investigation to deter- decisions about remediation (§ 192.933)
mine if mechanical damage has oc- and additional preventive and mitiga-
curred. tive actions (§ 192.935). An operator
(3) Perform semi-annual leak surveys must use the results from this evalua-
(quarterly for unprotected pipelines or tion to identify the threats specific to
each covered segment and the risk rep-
cathodically protected pipe where elec-
resented by these threats.
trical surveys are impractical).
(c) Assessment methods. In conducting
(e) Plastic transmission pipeline. An op- the integrity reassessment, an operator
erator of a plastic transmission pipe-
must assess the integrity of the line

line must apply the requirements in pipe in the covered segment by any of
paragraphs (b)(1)(i), (b)(1)(iii) and the following methods as appropriate
504
for the threats to which the covered (a) Pipelines operating at or above 30%
segment is susceptible (see § 192.917), or SMYS. An operator must establish a re-
by confirmatory direct assessment assessment interval for each covered
under the conditions specified in segment operating at or above 30%
§ 192.931. SMYS in accordance with the require-
(1) Internal inspection tool or tools ments of this section. The maximum
capable of detecting corrosion, and any reassessment interval by an allowable
other threats to which the covered seg- reassessment method is seven years. If
ment is susceptible. An operator must an operator establishes a reassessment
follow ASME/ANSI B31.8S (incor- interval that is greater than seven
porated by reference, see § 192.7), sec- years, the operator must, within the
tion 6.2 in selecting the appropriate in- seven-year period, conduct a confirm-
ternal inspection tools for the covered atory direct assessment on the covered
segment. segment, and then conduct the follow-
(2) Pressure test conducted in accord- up reassessment at the interval the op-
ance with subpart J of this part. An operator has established. A reassessment
erator must use the test pressures carried out using confirmatory direct
specified in Table 3 of section 5 of assessment must be done in accordance
ASME/ANSI B31.8S, to justify an ex- with § 192.931. The table that follows
tended reassessment interval in accord-
this section sets forth the maximum
ance with § 192.939.
allowed reassessment intervals.
(3) Direct assessment to address
(1) Pressure test or internal inspection
threats of external corrosion, internal
or other equivalent technology. An oper-
corrosion, or stress corrosion cracking.
An operator must conduct the direct ator that uses pressure testing or in-
assessment in accordance with the re- ternal inspection as an assessment
quirements listed in § 192.923 and with method must establish the reassess-
as applicable, the requirements speci- ment interval for a covered pipeline
fied in §§ 192.925, 192.927 or 192.929; segment by—
(4) Other technology that an operator (i) Basing the interval on the identi-
demonstrates can provide an equiva- fied threats for the covered segment
lent understanding of the condition of (see § 192.917) and on the analysis of the
the line pipe. An operator choosing this results from the last integrity assess-
option must notify the Office of Pipe- ment and from the data integration
line Safety (OPS) 180 days before con- and risk assessment required by
ducting the assessment, in accordance § 192.917; or
with § 192.949. An operator must also (ii) Using the intervals specified for
notify a State or local pipeline safety different stress levels of pipeline (oper-
authority when either a covered seg- ating at or above 30% SMYS) listed in
ment is located in a State where OPS ASME B31.8S (incorporated by ref-
has an interstate agent agreement, or erence, see § 192.7), section 5, Table 3.
an intrastate covered segment is regu- (2) External Corrosion Direct Assess-
lated by that State. ment. An operator that uses ECDA that
(5) Confirmatory direct assessment meets the requirements of this subpart
when used on a covered segment that is must determine the reassessment in-
scheduled for reassessment at a period terval according to the requirements in
longer than seven years. An operator paragraphs 6.2 and 6.3 of NACE SP0502
using this reassessment method must (incorporated by reference, see § 192.7).
comply with § 192.931. (3) Internal Corrosion or SCC Direct As-
[68 FR 69817, Dec. 15, 2003, as amended by sessment. An operator that uses ICDA
Amdt. 192–95, 69 FR 18234, Apr. 6, 2004] or SCCDA in accordance with the re-
quirements of this subpart must deter-
§ 192.939 What are the required reas- mine the reassessment interval accord-
sessment intervals? ing to the following method. However,
An operator must comply with the the reassessment interval cannot ex-
following requirements in establishing ceed those specified for direct assess-

the reassessment interval for the oper- ment in ASME/ANSI B31.8S, section 5,
ator’s covered pipeline segments. Table 3.
505
§ 192.941 49 CFR Ch. I (10–1–15 Edition)
(i) Determine the largest defect most with § 192.931, or a low stress reassess-
likely to remain in the covered segment in accordance with § 192.941.
ment and the corrosion rate appro- (2) Reassessment by ECDA following
priate for the pipe, soil and protection the requirements in paragraph (a)(2) of
conditions; this section.
(ii) Use the largest remaining defect (3) Reassessment by ICDA or SCCDA
as the size of the largest defect discov- following the requirements in para-
ered in the SCC or ICDA segment; and graph (a)(3) of this section.
(iii) Estimate the reassessment inter- (4) Reassessment by confirmatory di-
val as half the time required for the
rect assessment at 7-year intervals in
largest defect to grow to a critical size.
accordance with § 192.931, with reassess-
(b) Pipelines Operating Below 30%
ment by one of the methods listed in
SMYS. An operator must establish a re-
paragraphs (b)(1) through (b)(3) of this
assessment interval for each covered
segment operating below 30% SMYS in section by year 20 of the interval.
accordance with the requirements of (5) Reassessment by the low stress
this section. The maximum reassess- assessment method at 7-year intervals
ment interval by an allowable reassess- in accordance with § 192.941 with reas-
ment method is seven years. An oper- sessment by one of the methods listed
ator must establish reassessment by at in paragraphs (b)(1) through (b)(3) of
least one of the following— this section by year 20 of the interval.
(1) Reassessment by pressure test, in- (6) The following table sets forth the
ternal inspection or other equivalent maximum reassessment intervals. Also
technology following the requirements refer to Appendix E.II for guidance on
in paragraph (a)(1) of this section ex- Assessment Methods and Assessment
cept that the stress level referenced in Schedule for Transmission Pipelines
paragraph (a)(1)(ii) of this section Operating Below 30% SMYS. In case of
would be adjusted to reflect the lower conflict between the rule and the guid-
operating stress level. If an established ance in the Appendix, the requirements
interval is more than seven years, the of the rule control. An operator must
operator must conduct by the seventh comply with the following require-
year of the interval either a confirm- ments in establishing a reassessment
atory direct assessment in accordance 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 Amdt. 192–95, 69 FR 18234, Apr. 6, 2004; 192–114, 75
FR 48604, Aug. 11, 2010; Amdt. 192–119, 80 FR 178, 182, Jan. 5, 2015]
§ 192.941 What is a low stress reassess- operator must have conducted a base-
ment? line assessment of the covered segment
(a) General. An operator of a trans- in accordance with the requirements of
mission line that operates below 30% §§ 192.919 and 192.921.
SMYS may use the following method (b) External corrosion. An operator
to reassess a covered segment in ac- must take one of the following actions
cordance with § 192.939. This method of to address external corrosion on the

reassessment addresses the threats of low stress covered segment.
external and internal corrosion. The
506
(1) Cathodically protected pipe. To ad- ited instances, OPS may allow a waiver
dress the threat of external corrosion from a reassessment interval required
on cathodically protected pipe in a cov- by § 192.939 if OPS finds a waiver would
ered segment, an operator must per- not be inconsistent with pipeline safe-
form an electrical survey (i.e. indirect ty.
examination tool/method) at least (1) Lack of internal inspection tools. An
every 7 years on the covered segment. operator who uses internal inspection
An operator must use the results of as an assessment method may be able
each survey as part of an overall eval- to justify a longer reassessment period
uation of the cathodic protection and for a covered segment if internal in-
corrosion threat for the covered seg- spection tools are not available to as-
ment. This evaluation must consider, sess the line pipe. To justify this, the
at minimum, the leak repair and in- operator must demonstrate that it can-
spection records, corrosion monitoring not obtain the internal inspection tools
records, exposed pipe inspection within the required reassessment pe-
records, and the pipeline environment. riod and that the actions the operator
(2) Unprotected pipe or cathodically is taking in the interim ensure the in-
protected pipe where electrical surveys are tegrity of the covered segment.
impractical. If an electrical survey is (2) Maintain product supply. An oper-
impractical on the covered segment an ator may be able to justify a longer re-
operator must— assessment period for a covered seg-
(i) Conduct leakage surveys as re- ment if the operator demonstrates that
quired by § 192.706 at 4-month intervals; it cannot maintain local product sup-
and ply if it conducts the reassessment
(ii) Every 18 months, identify and re- within the required interval.
mediate areas of active corrosion by (b) How to apply. If one of the condi-
evaluating leak repair and inspection tions specified in paragraph (a) (1) or
records, corrosion monitoring records, (a) (2) of this section applies, an oper-
exposed pipe inspection records, and ator may seek a waiver of the required
the pipeline environment. reassessment interval. An operator
(c) Internal corrosion. To address the must apply for a waiver in accordance
threat of internal corrosion on a cov- with 49 U.S.C. 60118(c), at least 180 days
ered segment, an operator must— before the end of the required reassess-
(1) Conduct a gas analysis for corro- ment interval, unless local product
sive agents at least once each calendar supply issues make the period imprac-
year; tical. If local product supply issues
(2) Conduct periodic testing of fluids make the period impractical, an oper-
removed from the segment. At least ator must apply for the waiver as soon
once each calendar year test the fluids as the need for the waiver becomes
removed from each storage field that known.
may affect a covered segment; and [68 FR 69817, Dec. 15, 2003, as amended by
(3) At least every seven (7) years, in- Amdt. 192–95, 69 FR 18234, Apr. 6, 2004]
tegrate data from the analysis and
testing required by paragraphs (c)(1)– § 192.945 What methods must an oper-
(c)(2) with applicable internal corro- ator use to measure program effec-
sion leak records, incident reports, tiveness?
safety-related condition reports, repair (a) General. An operator must include
records, patrol records, exposed pipe rein its integrity management program
ports, and test records, and define and methods to measure whether the pro-
implement appropriate remediation ac- gram is effective in assessing and eval-
tions. uating the integrity of each covered
[68 FR 69817, Dec. 15, 2003, as amended by pipeline segment and in protecting the
Amdt. 192–95, 69 FR 18234, Apr. 6, 2004] high consequence areas. These meas-
ures must include the four overall per-
§ 192.943 When can an operator devi- formance measures specified in ASME/
ate from these reassessment inter- ANSI B31.8S (incorporated by ref-
vals?
erence, see § 192.7 of this part), section

(a) Waiver from reassessment interval in 9.4, and the specific measures for each
limited situations. In the following lim- identified threat specified in ASME/
507
§ 192.947 49 CFR Ch. I (10–1–15 Edition)
ANSI B31.8S, Appendix A. An operator (h) Documents to carry out the re-
must submit the four overall perform- quirements in § 192.931 for confirmatory
ance measures as part of the annual re- direct assessment;
port required by § 191.17 of this sub- (i) Verification that an operator has
chapter. provided any documentation or notifi-
(b) External Corrosion Direct assess- cation required by this subpart to be
ment. In addition to the general re- provided to OPS, and when applicable,
quirements for performance measures a State authority with which OPS has
in paragraph (a) of this section, an op- an interstate agent agreement, and a
erator using direct assessment to as- State or local pipeline safety authority
sess the external corrosion threat must that regulates a covered pipeline seg-
define and monitor measures to deter- ment within that State.
mine the effectiveness of the ECDA
process. These measures must meet the [68 FR 69817, Dec. 15, 2003, as amended by
requirements of § 192.925. Amdt. 192–95, 69 FR 18234, Apr. 6, 2004]
[68 FR 69817, Dec. 15, 2003, as amended by § 192.949 How does an operator notify
Amdt. 192–95, 69 FR 18234, Apr. 6, 2004; 75 FR PHMSA?
72906, Nov. 26, 2010]
An operator must provide any notifi-
§ 192.947 What records must an oper- cation required by this subpart by—
ator keep? (a) Sending the notification by elec-
An operator must maintain, for the tronic mail to
useful life of the pipeline, records that InformationResourcesManager@dot.gov;
demonstrate compliance with the re- or
quirements of this subpart. At min- (b) Sending the notification by mail
imum, an operator must maintain the to ATTN: Information Resources Man-
following records for review during an ager, DOT/PHMSA/OPS, East Building,
inspection. 2nd Floor, E22–321, 1200 New Jersey
(a) A written integrity management Ave. SE., Washington, DC 20590.
program in accordance with § 192.907;
(b) Documents supporting the threat [Amdt. 192–120, 80 FR 12779, Mar. 11, 2015]
identification and risk assessment in
accordance with § 192.917; § 192.951 Where does an operator file a
(c) A written baseline assessment report?
plan in accordance with § 192.919; An operator must file any report re-
(d) Documents to support any deci- quired by this subpart electronically to
sion, analysis and process developed the Pipeline and Hazardous Materials
and used to implement and evaluate Safety Administration in accordance
each element of the baseline assess- with § 191.7 of this subchapter.
ment plan and integrity management
program. Documents include those de- [Amdt. No. 192–115, 75 FR 72906, Nov. 26, 2010]
veloped and used in support of any
identification, calculation, amend- Subpart P—Gas Distribution Pipe-
ment, modification, justification, devi- line Integrity Management
ation and determination made, and any (IM)
action taken to implement and evalu-
ate any of the program elements;
(e) Documents that demonstrate per- SOURCE: 74 FR 63934, Dec. 4, 2009, unless
otherwise noted.
sonnel have the required training, in-
cluding a description of the training § 192.1001 What definitions apply to
program, in accordance with § 192.915; this subpart?
(f) Schedule required by § 192.933 that
prioritizes the conditions found during The following definitions apply to
an assessment for evaluation and reme- this subpart:
diation, including technical justifica- Excavation Damage means any impact
tions for the schedule. that results in the need to repair or re-
(g) Documents to carry out the replace an underground facility due to a
quirements in §§ 192.923 through 192.929 weakening, or the partial or complete
for a direct assessment plan; destruction, of the facility, including,
508
but not limited to, the protective coat- program that includes a written integ-
ing, lateral support, cathodic protec- rity management plan as specified in
tion or the housing for the line device § 192.1007.
or facility.
Hazardous Leak means a leak that § 192.1007 What are the required ele-
represents an existing or probable haz- ments of an integrity management
ard to persons or property and requires plan?
immediate repair or continuous action A written integrity management
until the conditions are no longer haz- plan must contain procedures for devel-
ardous. oping and implementing the following
Integrity Management Plan or IM Plan elements:
means a written explanation of the (a) Knowledge. An operator must
mechanisms or procedures the operator demonstrate an understanding of its
will use to implement its integrity gas distribution system developed from
management program and to ensure reasonably available information.
compliance with this subpart. (1) Identify the characteristics of the
Integrity Management Program or IM pipeline’s design and operations and
Program means an overall approach by the environmental factors that are nec-
an operator to ensure the integrity of essary to assess the applicable threats
its gas distribution system. and risks to its gas distribution pipe-
Mechanical fitting means a mechan-
line.
ical device used to connect sections of
(2) Consider the information gained
pipe. The term ‘‘Mechanical fitting’’
applies only to: from past design, operations, and main-
(1) Stab Type fittings; tenance.
(2) Nut Follower Type fittings; (3) Identify additional information
(3) Bolted Type fittings; or needed and provide a plan for gaining
(4) Other Compression Type fittings. that information over time through
Small LPG Operator means an oper- normal activities conducted on the
ator of a liquefied petroleum gas (LPG) pipeline (for example, design, construc-
distribution pipeline that serves fewer tion, operations or maintenance activi-
than 100 customers from a single ties).
source. (4) Develop and implement a process
by which the IM program will be re-
[74 FR 63934, Dec. 4, 2009, as amended at 76
FR 5499, Feb. 1, 2011]
viewed periodically and refined and im-
proved as needed.
§ 192.1003 What do the regulations in (5) Provide for the capture and reten-
this subpart cover? tion of data on any new pipeline in-
General. This subpart prescribes min- stalled. The data must include, at a
imum requirements for an IM program minimum, the location where the new
for any gas distribution pipeline cov- pipeline is installed and the material of
ered under this part, including lique- which it is constructed.
fied petroleum gas systems. A gas dis- (b) Identify threats. The operator
tribution operator, other than a master must consider the following categories
meter operator or a small LPG oper- of threats to each gas distribution
ator, must follow the requirements in pipeline: corrosion, natural forces, ex-
§§ 192.1005–192.1013 of this subpart. A cavation damage, other outside force
master meter operator or small LPG damage, material or welds, equipment
operator of a gas distribution pipeline failure, incorrect operations, and other
must follow the requirements in concerns that could threaten the integ-
§ 192.1015 of this subpart. rity of its pipeline. An operator must
consider reasonably available informa-
§ 192.1005 What must a gas distribution to identify existing and potential
tion operator (other than a master threats. Sources of data may include,
meter or small LPG operator) do to but are not limited to, incident and
implement this subpart? leak history, corrosion control records,
No later than August 2, 2011 a gas dis- continuing surveillance records, pa-
tribution operator must develop and trolling records, maintenance history,
implement an integrity management and excavation damage experience.
509
§ 192.1009 49 CFR Ch. I (10–1–15 Edition)
(c) Evaluate and rank risk. An operate the effectiveness of the operator’s
ator must evaluate the risks associated IM program in controlling each identi-
with its distribution pipeline. In this fied threat.
evaluation, the operator must deter- (f) Periodic Evaluation and Improve-
mine the relative importance of each ment. An operator must re-evaluate
threat and estimate and rank the risks threats and risks on its entire pipeline
posed to its pipeline. This evaluation and consider the relevance of threats in
must consider each applicable current one location to other areas. Each oper-
and potential threat, the likelihood of ator must determine the appropriate
failure associated with each threat, period for conducting complete pro-
and the potential consequences of such gram evaluations based on the com-
a failure. An operator may subdivide plexity of its system and changes in
its pipeline into regions with similar factors affecting the risk of failure. An
characteristics (e.g., contiguous areas operator must conduct a complete pro-
within a distribution pipeline con- gram re-evaluation at least every five
sisting of mains, services and other ap- years. The operator must consider the
purtenances; areas with common mate- results of the performance monitoring
rials or environmental factors), and for in these evaluations.
which similar actions likely would be (g) Report results. Report, on an an-
effective in reducing risk. nual basis, the four measures listed in
(d) Identify and implement measures to paragraphs (e)(1)(i) through (e)(1)(iv) of
address risks. Determine and implement this section, as part of the annual re-
measures designed to reduce the risks port required by § 191.11. An operator
from failure of its gas distribution also must report the four measures to
pipeline. These measures must include the state pipeline safety authority if a
an effective leak management program state exercises jurisdiction over the op-
(unless all leaks are repaired when erator’s pipeline.
found).
[74 FR 63934, Dec. 4, 2009, as amended at 76
(e) Measure performance, monitor re- FR 5499, Feb. 1, 2011]
sults, and evaluate effectiveness. (1) De-
velop and monitor performance meas- § 192.1009 What must an operator re-
ures from an established baseline to port when a mechanical fitting
evaluate the effectiveness of its IM fails?
program. An operator must consider (a) Except as provided in paragraph
the results of its performance moni- (b) of this section, each operator of a
toring in periodically re-evaluating the distribution pipeline system must sub-
threats and risks. These performance mit a report on each mechanical fit-
measures must include the following: ting failure, excluding any failure that
(i) Number of hazardous leaks either results only in a nonhazardous leak, on
eliminated or repaired as required by a Department of Transportation Form
§ 192.703(c) of this subchapter (or total PHMSA F–7100.1–2. The report(s) must
number of leaks if all leaks are re- be submitted in accordance with
paired when found), categorized by § 191.12.
cause; (b) The mechanical fitting failure re-
(ii) Number of excavation damages; porting requirements in paragraph (a)
(iii) Number of excavation tickets of this section do not apply to the fol-
(receipt of information by the under- lowing:
ground facility operator from the noti- (1) Master meter operators;
fication center);
(2) Small LPG operator as defined in
(iv) Total number of leaks either
§ 192.1001; or
eliminated or repaired, categorized by
(3) LNG facilities.
cause;
(v) Number of hazardous leaks either [76 FR 5499, Feb. 1, 2011]
eliminated or repaired as required by
§ 192.703(c) (or total number of leaks if § 192.1011 What records must an oper-
all leaks are repaired when found), cat- ator keep?
egorized by material; and An operator must maintain records

(vi) Any additional measures the op- demonstrating compliance with the re-
erator determines are needed to evalu- quirements of this subpart for at least
510
10 years. The records must include cop- knowledge over time through normal
ies of superseded integrity manage- activities conducted on the pipeline
ment plans developed under this sub- (for example, design, construction, op-
part. erations or maintenance activities).
(2) Identify threats. The operator must
§ 192.1013 When may an operator devi-
ate from required periodic inspec- consider, at minimum, the following
tions under this part? categories of threats (existing and po-
(a) An operator may propose to re- tential): Corrosion, natural forces, ex-
duce the frequency of periodic inspec- cavation damage, other outside force
tions and tests required in this part on damage, material or weld failure,
the basis of the engineering analysis equipment failure, and incorrect oper-
and risk assessment required by this ation.
subpart. (3) Rank risks. The operator must
(b) An operator must submit its pro- evaluate the risks to its pipeline and
posal to the PHMSA Associate Admin- estimate the relative importance of
istrator for Pipeline Safety or, in the each identified threat.
case of an intrastate pipeline facility (4) Identify and implement measures to
regulated by the State, the appropriate mitigate risks. The operator must deter-
State agency. The applicable oversight mine and implement measures de-
agency may accept the proposal on its signed to reduce the risks from failure
own authority, with or without condi- of its pipeline.
tions and limitations, on a showing
(5) Measure performance, monitor re-
that the operator’s proposal, which in-
sults, and evaluate effectiveness. The op-
cludes the adjusted interval, will pro-
vide an equal or greater overall level of erator must monitor, as a performance
safety. measure, the number of leaks elimi-
(c) An operator may implement an nated or repaired on its pipeline and
approved reduction in the frequency of their causes.
a periodic inspection or test only where (6) Periodic evaluation and improve-
the operator has developed and implement. The operator must determine the
mented an integrity management pro- appropriate period for conducting IM
gram that provides an equal or im- program evaluations based on the com-
proved overall level of safety despite plexity of its pipeline and changes in
the reduced frequency of periodic in- factors affecting the risk of failure. An
spections. operator must re-evaluate its entire
program at least every five years. The
§ 192.1015 What must a master meter
or small liquefied petroleum gas operator must consider the results of
(LPG) operator do to implement the performance monitoring in these
this subpart? evaluations.
(a) General. No later than August 2, (c) Records. The operator must main-
2011 the operator of a master meter tain, for a period of at least 10 years,
system or a small LPG operator must the following records:
develop and implement an IM program (1) A written IM plan in accordance
that includes a written IM plan as with this section, including superseded
specified in paragraph (b) of this sec- IM plans;
tion. The IM program for these pipe- (2) Documents supporting threat
lines should reflect the relative sim- identification; and
plicity of these types of pipelines. (3) Documents showing the location
(b) Elements. A written integrity and material of all piping and appur-
management plan must address, at a
tenances that are installed after the ef-
minimum, the following elements:
(1) Knowledge. The operator must fective date of the operator’s IM pro-
demonstrate knowledge of its pipeline, gram and, to the extent known, the lo-
which, to the extent known, should in- cation and material of all pipe and ap-
clude the approximate location and purtenances that were existing on the
effective date of the operator’s pro-
material of its pipeline. The operator

must identify additional information gram.
needed and provide a plan for gaining
511
Pt. 192, App. B 49 CFR Ch. I (10–1–15 Edition)
APPENDIX A TO PART 192 [RESERVED] erence, see § 192.7), except that the number of
tests must be at least equal to the minimum
APPENDIX B TO PART 192— required in paragraph II-D of this appendix
QUALIFICATION OF PIPE to determine yield strength.
B. Weldability. A girth weld must be made
I. Listed Pipe Specifications in the pipe by a welder who is qualified under
ANSI/API Specification 5L—Steel pipe, subpart E of this part. The weld must be
‘‘Specification for Line Pipe’’ (incorporated made under the most severe conditions under
by reference, see § 192.7) . which welding will be allowed in the field
ASTM A53/A53M—Steel pipe, ‘‘Standard and by means of the same procedure that
Specification for Pipe, Steel Black and Hot- will be used in the field. On pipe more than
Dipped, Zinc-Coated, Welded and Seamless’’ 4 inches (102 millimeters) in diameter, at
(incorporated by reference, see § 192.7). least one test weld must be made for each 100
ASTM A106/A106M—Steel pipe, ‘‘Standard lengths of pipe. On pipe 4 inches (102 milli-
Specification for Seamless Carbon Steel Pipe meters) or less in diameter, at least one test
for High Temperature Service’’ (incorporated weld must be made for each 400 lengths of
by reference, see § 192.7). pipe. The weld must be tested in accordance
ASTM A333/A333M—Steel pipe, ‘‘Standard with API Standard 1104 (incorporated by ref-
Specification for Seamless and Welded Steel erence, see § 192.7). If the requirements of API
Pipe for Low Temperature Service’’ (incor- Standard 1104 cannot be met, weldability
porated by reference, see § 192.7). may be established by making chemical
ASTM A381—Steel pipe, ‘‘Standard Speci- tests for carbon and manganese, and pro-
fication for Metal-Arc-Welded Steel Pipe for ceeding in accordance with section IX of the
Use with High-Pressure Transmission Sys- ASME Boiler and Pressure Vessel Code (ibr,
tems’’ (incorporated by reference, see § 192.7). see 192.7). The same number of chemical tests
ASTM A671/A671M—Steel pipe, ‘‘Standard must be made as are required for testing a
Specification for Electric-Fusion-Welded girth weld.
Pipe for Atmospheric and Lower Tempera- C. Inspection. The pipe must be clean
tures’’ (incorporated by reference, see § 192.7). enough to permit adequate inspection. It
ASTM A672/672M—Steel pipe, ‘‘Standard must be visually inspected to ensure that it
Specification for Electric-Fusion-Welded is reasonably round and straight and there
Steel Pipe for High-Pressure Service at Mod- are no defects which might impair the
erate Temperatures’’ (incorporated by ref- strength or tightness of the pipe.
erence, see § 192.7). D. Tensile Properties. If the tensile prop-
ASTM A691/A691M—Steel pipe, ‘‘Standard erties of the pipe are not known, the min-
Specification for Carbon and Alloy Steel imum yield strength may be taken as 24,000
Pipe, Electric-Fusion-Welded for High Pres- p.s.i. (165 MPa) or less, or the tensile prop-
sure Service at High Temperatures’’ (incor- erties may be established by performing ten-
porated by reference, see § 192.7). sile tests as set forth in API Specification 5L
ASTM D2513–99, ‘‘Standard Specification (incorporated by reference, see § 192.7). All
for Thermoplastic Gas Pressure Pipe, Tub- test specimens shall be selected at random
ing, and Fittings,’’ (incorporated by ref- and the following number of tests must be
erence, see § 192.7) . performed:
ASTM D2513–09a—Polyethylene thermo-
plastic pipe and tubing, ‘‘Standard Specifica- NUMBER OF TENSILE TESTS—ALL SIZES
tion for Polyethylene (PE) gas Pressure
Pipe, Tubing, and Fittings’’, (incorporated 10 lengths or less .................. 1 set of tests for each length.
by reference, see § 192.7) . 11 to 100 lengths ................... 1 set of tests for each 5
lengths, but not less than
ASTM D2517—Thermosetting plastic pipe 10 tests.
and tubing, ‘‘Standard Specification for Re- Over 100 lengths ................... 1 set of tests for each 10
inforced Epoxy Resin Gas Pressure Pipe and lengths, but not less than
Fittings’’ (incorporated by reference, see 20 tests.
§ 192.7).
II. Steel pipe of unknown or unlisted speci- If the yield-tensile ratio, based on the prop-
fication. erties determined by those tests, exceeds
A. Bending Properties. For pipe 2 inches (51 0.85, the pipe may be used only as provided in
millimeters) or less in diameter, a length of § 192.55(c).
pipe must be cold bent through at least 90 III. Steel pipe manufactured before November
degrees around a cylindrical mandrel that 12, 1970, to earlier editions of listed specifica-
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/A53M (incorporated by ref- enough to permit adequate inspection. It
512
Pipeline and Hazardous Materials Safety Administration, DOT Pt. 192, App. D
must be visually inspected to ensure that it ters) long in any direction, the weld is unac-
is reasonably round and straight and that ceptable. Cracks that occur on the corner of
there are no defects which might impair the the specimen during testing are not consid-
strength or tightness of the pipe. ered. A welder who successfully passes a
B. Similarity of specification requirements. butt-weld qualification test under this sec-
The edition of the listed specification under tion shall be qualified to weld on all pipe di-
which the pipe was manufactured must have ameters less than or equal to 12 inches.
substantially the same requirements with re- II. Additional tests for welders of service line
spect to the following properties as a later connections to mains. A service line connec-
edition of that specification listed in section tion fitting is welded to a pipe section with
I of this appendix: the same diameter as a typical main. The
(1) Physical (mechanical) properties of weld is made in the same position as it is
pipe, including yield and tensile strength, made in the field. The weld is unacceptable
elongation, and yield to tensile ratio, and if it shows a serious undercutting or if it has
testing requirements to verify those prop- rolled edges. The weld is tested by attempt-
erties. ing to break the fitting off the run pipe. The
(2) Chemical properties of pipe and testing weld is unacceptable if it breaks and shows
requirements to verify those properties. incomplete fusion, overlap, or poor penetra-
C. Inspection or test of welded pipe. On pipe
tion at the junction of the fitting and run
with welded seams, one of the following re-
pipe.
quirements must be met:
(1) The edition of the listed specification to III. Periodic tests for welders of small service
which the pipe was manufactured must have lines. Two samples of the welder’s work, each
substantially the same requirements with re- about 8 inches (203 millimeters) long with
spect to nondestructive inspection of welded the weld located approximately in the cen-
seams and the standards for acceptance or ter, are cut from steel service line and tested
rejection and repair as a later edition of the as follows:
specification listed in section I of this appen- (1) One sample is centered in a guided bend
dix. testing machine and bent to the contour of
(2) The pipe must be tested in accordance the die for a distance of 2 inches (51 millime-
with subpart J of this part to at least 1.25 ters) on each side of the weld. If the sample
times the maximum allowable operating shows any breaks or cracks after removal
pressure if it is to be installed in a class 1 lo- from the bending machine, it is unaccept-
cation and to at least 1.5 times the max- able.
imum allowable operating pressure if it is to (2) The ends of the second sample are flat-
be installed in a class 2, 3, or 4 location. Not- tened and the entire joint subjected to a ten-
withstanding any shorter time period per- sile strength test. If failure occurs adjacent
mitted under subpart J of this part, the test to or in the weld metal, the weld is unaccept-
pressure must be maintained for at least 8 able. If a tensile strength testing machine is
hours. not available, this sample must also pass the
bending test prescribed in subparagraph (1)
[35 FR 13257, Aug. 19, 1970]
of this paragraph.
EDITORIAL NOTE: For FEDERAL REGISTER ci-
tations affecting appendix B to part 192, see [35 FR 13257, Aug. 19, 1970, as amended by
the List of CFR Sections Affected, which ap- Amdt. 192–85, 63 FR 37504, July 13, 1998;
pears in the Finding Aids section of the Amdt. 192–94, 69 FR 32896, June 14, 2004]
printed volume and at www.fdsys.gov.
APPENDIX D TO PART 192—CRITERIA FOR
APPENDIX C TO PART 192—QUALIFICA- CATHODIC PROTECTION AND DETER-
TION OF WELDERS FOR LOW STRESS MINATION OF MEASUREMENTS
LEVEL PIPE
I. Criteria for cathodic protection— A. Steel,
I. Basic test. The test is made on pipe 12 cast iron, and ductile iron structures. (1) A neg-
inches (305 millimeters) or less in diameter. ative (cathodic) voltage of at least 0.85 volt,
The test weld must be made with the pipe in with reference to a saturated copper-copper
a horizontal fixed position so that the test sulfate half cell. Determination of this volt-
weld includes at least one section of over- age must be made with the protective cur-
head position welding. The beveling, root rent applied, and in accordance with sections
opening, and other details must conform to II and IV of this appendix.
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.
513
Pt. 192, App. E 49 CFR Ch. I (10–1–15 Edition)
(3) A minimum negative (cathodic) polar- II. Interpretation of voltage measurement.
ization voltage shift of 100 millivolts. This Voltage (IR) drops other than those across
polarization voltage shift must be deter- the structure-electrolyte boundary must be
mined in accordance with sections III and IV considered for valid interpretation of the
of this appendix. voltage measurement in paragraphs A(1) and
(4) A voltage at least as negative (cathodic) (2) and paragraph B(1) of section I of this ap-
as that originally established at the begin- pendix.
ning of the Tafel segment of the E-log-I III. Determination of polarization voltage
curve. This voltage must be measured in ac- shift. The polarization voltage shift must be
cordance with section IV of this appendix. determined by interrupting the protective
(5) A net protective current from the elec- current and measuring the polarization
trolyte into the structure surface as meas- decay. When the current is initially inter-
ured by an earth current technique applied rupted, an immediate voltage shift occurs.
at predetermined current discharge (anodic) The voltage reading after the immediate
points of the structure. shift must be used as the base reading from
B. Aluminum structures. (1) Except as pro- which to measure polarization decay in para-
vided in paragraphs (3) and (4) of this paragraphs A(3), B(2), and C of section I of this
graph, a minimum negative (cathodic) volt- appendix.
age shift of 150 millivolts, produced by the IV. Reference half cells. A. Except as pro-
application of protective current. The volt- vided in paragraphs B and C of this section,
age shift must be determined in accordance negative (cathodic) voltage must be meas-
with sections II and IV of this appendix. ured between the structure surface and a
(2) Except as provided in paragraphs (3) and saturated copper-copper sulfate half cell con-
(4) of this paragraph, a minimum negative tacting the electrolyte.
(cathodic) polarization voltage shift of 100 B. Other standard reference half cells may
millivolts. This polarization voltage shift be substituted for the saturated cooper-cop-
must be determined in accordance with sec- per sulfate half cell. Two commonly used ref-
tions III and IV of this appendix. erence half cells are listed below along with
(3) Notwithstanding the alternative min- their voltage equivalent to ¥0.85 volt as re-
imum criteria in paragraphs (1) and (2) of ferred to a saturated copper-copper sulfate
this paragraph, aluminum, if cathodically half cell:
protected at voltages in excess of 1.20 volts
(1) Saturated KCl calomel half cell: ¥0.78
as measured with reference to a copper-cop-
volt.
per sulfate half cell, in accordance with sec-
(2) Silver-silver chloride half cell used in
tion IV of this appendix, and compensated
sea water: ¥0.80 volt.
for the voltage (IR) drops other than those
C. In addition to the standard reference
across the structure-electrolyte boundary
half cells, an alternate metallic material or
may suffer corrosion resulting from the
structure may be used in place of the satu-
build-up of alkali on the metal surface. A
rated copper-copper sulfate half cell if its po-
voltage in excess of 1.20 volts may not be
tential stability is assured and if its voltage
used unless previous test results indicate no
equivalent referred to a saturated copper-
appreciable corrosion will occur in the par-
copper sulfate half cell is established.
ticular environment.
(4) Since aluminum may suffer from corro- [Amdt. 192–4, 36 FR 12305, June 30, 1971]
sion under high pH conditions, and since ap-
plication of cathodic protection tends to in- APPENDIX E TO PART 192—GUIDANCE ON
crease the pH at the metal surface, careful DETERMINING HIGH CONSEQUENCE
investigation or testing must be made before AREAS AND ON CARRYING OUT RE-
applying cathodic protection to stop pitting
QUIREMENTS IN THE INTEGRITY MAN-
attack on aluminum structures in environ-
ments with a natural pH in excess of 8. AGEMENT RULE
C. Copper structures. A minimum negative I. GUIDANCE ON DETERMINING A HIGH
(cathodic) polarization voltage shift of 100 CONSEQUENCE AREA
millivolts. This polarization voltage shift
must be determined in accordance with sec- To determine which segments of an opera-
tions III and IV of this appendix. tor’s transmission pipeline system are cov-
D. Metals of different anodic potentials. A ered for purposes of the integrity manage-
negative (cathodic) voltage, measured in ac- ment program requirements, an operator
cordance with section IV of this appendix, must identify the high consequence areas.
equal to that required for the most anodic An operator must use method (1) or (2) from
metal in the system must be maintained. If the definition in § 192.903 to identify a high
amphoteric structures are involved that consequence area. An operator may apply
could be damaged by high alkalinity covered one method to its entire pipeline system, or
by paragraphs (3) and (4) of paragraph B of an operator may apply one method to indi-
this section, they must be electrically iso- vidual portions of the pipeline system. (Refer
lated with insulating flanges, or the equiva- to figure E.I.A for a diagram of a high con-
lent. sequence area).
514
Pipeline and Hazardous Materials Safety Administration, DOT Pt. 192, App. E
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-
operating below 30% SMYS not in an HCA tive & mitigative measures addressing time
515
ER06AP04.003</GPH>
dependent and independent threats for trans-
mission pipelines that operate below 30%
SMYS, in HCAs.
516
ER06AP04.004</GPH>
517
ER06AP04.005</GPH>
518
ER06AP04.006</GPH>
519
ER06AP04.007</GPH>
520
ER06AP04.008</GPH>
521
ER06AP04.009</GPH>
522
ER06AP04.010</GPH>
[Amdt. 192–95, 69 FR 18234, Apr. 6, 2004, as 193.2303 Construction acceptance.
amended by Amdt. 192–95, May 26, 2004] 193.2304 Corrosion control overview.
193.2305–193.2319 [Reserved]
193.2321 Nondestructive tests.
PART 193—LIQUEFIED NATURAL 193.2323–193.2329 [Reserved]
GAS FACILITIES: FEDERAL SAFETY
STANDARDS Subpart E—Equipment
193.2401 Scope.
Subpart A—General
Sec. VAPORIZATION EQUIPMENT
193.2001 Scope of part. 193.2403–193.2439 [Reserved]
193.2003 [Reserved] 193.2441 Control center.
193.2005 Applicability. 193.2443 [Reserved]
193.2007 Definitions. 193.2445 Sources of power.
193.2009 Rules of regulatory construction.
193.2011 Reporting. Subpart F—Operations
193.2013 What documents are incorporated
by reference partly or wholly in this 193.2501 Scope.
part? 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.
523
§ 193.2001 49 CFR Ch. I (10–1–15 Edition)
193.2717 Training: fire protection. § 193.2003 [Reserved]
193.2719 Training: records.
§ 193.2005 Applicability.
Subpart I—Fire Protection
(a) Regulations in this part gov-
193.2801 Fire protection. erning siting, design, installation, or
193.2803–193.2821 [Reserved] construction of LNG facilities (includ-
ing material incorporated by reference
Subpart J—Security in these regulations) do not apply to
193.2901 Scope.
LNG facilities in existence or under
193.2903 Security procedures. construction when the regulations go
193.2905 Protective enclosures. into effect.
193.2907 Protective enclosure construction. (b) If an existing LNG facility (or fa-
193.2909 Security communications. cility under construction before March
193.2911 Security lighting. 31, 2000 is replaced, relocated or signifi-
193.2913 Security monitoring. cantly altered after March 31, 2000, the
193.2915 Alternative power sources. facility must comply with the applica-
193.2917 Warning signs. ble requirements of this part gov-
erning, siting, design, installation, and
AUTHORITY: 49 U.S.C. 5103, 60102, 60103,
60104, 60108, 60109, 60110, 60113, 60118; and 49 construction, except that:
CFR 1.53. (1) The siting requirements apply
only to LNG storage tanks that are sig-
SOURCE: 45 FR 9203, Feb. 11, 1980, unless
nificantly altered by increasing the
otherwise noted.
original storage capacity or relocated,
EDITORIAL NOTE: Nomenclature changes to and
part 193 appear at 71 FR 33408, June 9, 2006. (2) To the extent compliance with the
design, installation, and construction
Subpart A—General requirements would make the replaced,
relocated, or altered facility incompat-
§ 193.2001 Scope of part. ible with the other facilities or would
(a) This part prescribes safety stand- otherwise be impractical, the replaced,
ards for LNG facilities used in the relocated, or significantly altered facil-
transportation of gas by pipeline that ity may be designed, installed, or con-
is subject to the pipeline safety laws structed in accordance with the origi-
(49 U.S.C. 60101 et seq.) and Part 192 of nal specifications for the facility, or in
this chapter. another manner subject to the ap-
(b) This part does not apply to: proval of the Administrator.
(1) LNG facilities used by ultimate [Amdt. 193–17, 65 FR 10958, Mar. 1, 2000, as
consumers of LNG or natural gas. amended by Amdt. 193–18, 69 FR 11336, Mar.
(2) LNG facilities used in the course 10, 2004]
of natural gas treatment or hydro-
carbon extraction which do not store § 193.2007 Definitions.
LNG. As used in this part:
(3) In the case of a marine cargo Administrator means the Adminis-
transfer system and associated facili- trator, Pipeline and Hazardous Mate-
ties, any matter other than siting per- rials Safety Administration or his or
taining to the system or facilities be- her delegate.
tween the marine vessel and the last Ambient vaporizer means a vaporizer
manifold (or in the absence of a mani- which derives heat from naturally oc-
fold, the last valve) located imme- curring heat sources, such as the at-
diately before a storage tank. mosphere, sea water, surface waters, or
(4) Any LNG facility located in navi- geothermal waters.
gable waters (as defined in Section 3(8) Cargo transfer system means a compo-
of the Federal Power Act (16 U.S.C. nent, or system of components func-
796(8)). tioning as a unit, used exclusively for
[45 FR 9203, Feb. 11, 1980, as amended by transferring hazardous fluids in bulk
Amdt. 193–1, 45 FR 57418, Aug. 28, 1980; Amdt. between a tank car, tank truck, or ma-
193–10, 61 FR 18517, Apr. 26, 1996] rine vessel and a storage tank.
524
Component means any part, or system or failure of a power supply, compo-

of parts functioning as a unit, includ- nent, or control device.
ing, but not limited to, piping, proc- g means the standard acceleration of
essing equipment, containers, control gravity of 9.806 meters per second2
devices, impounding systems, lighting, (32.17 feet per second2).
security devices, fire control equip- Gas, except when designated as inert,
ment, and communication equipment, means natural gas, other flammable
whose integrity or reliability is nec- gas, or gas which is toxic or corrosive.
essary to maintain safety in control- Hazardous fluid means gas or haz-
ling, processing, or containing a hazardous liquid.
ardous fluid. Hazardous liquid means LNG or a liq-
Container means a component other uid that is flammable or toxic.
than piping that contains a hazardous Heated vaporizer means a vaporizer
fluid. which derives heat from other than
Control system means a component, or naturally occurring heat sources.
system of components functioning as a Impounding space means a volume of
unit, including control valves and sens- space formed by dikes and floors which
ing, warning, relief, shutdown, and is designed to confine a spill of haz-
other control devices, which is acti- ardous liquid.
vated either manually or automati-
Impounding system includes an im-
cally to establish or maintain the per-
pounding space, including dikes and
formance of another component.
floors for conducting the flow of spilled
Controllable emergency means an
hazardous liquids to an impounding
emergency where reasonable and pru-
space.
dent action can prevent harm to people
Liquefied natural gas or LNG means
or property.
natural gas or synthetic gas having
Design pressure means the pressure
methane (CH4) as its major constituent
used in the design of components for
which has been changed to a liquid.
the purpose of determining the min-
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
or severe environmental conditions within ranges of pressure, temperature,
that probably would cause harm to flow, or other operating criteria re-
people or property. quired by this part.
Exclusion zone means an area sur- Operator means a person who owns or
rounding an LNG facility in which an operates an LNG facility.
operator or government agency legally Person means any individual, firm,
controls all activities in accordance joint venture, partnership, corporation,
with § 193.2057 and § 193.2059 for as long association, state, municipality, coop-
as the facility is in operation. erative association, or joint stock asso-
Fail-safe means a design feature ciation and includes any trustee, re-
which will maintain or result in a safe ceiver, assignee, or personal represent-
condition in the event of malfunction ative thereof.
525
§ 193.2009 49 CFR Ch. I (10–1–15 Edition)
Pipeline facility means new and exist- (2) Words importing the plural in-
ing piping, rights-of-way, and any clude the singular.
equipment, facility, or building used in
the transportation of gas or in the § 193.2011 Reporting.
treatment of gas during the course of Incidents, safety-related conditions,
transportation. and annual pipeline summary data for
Piping means pipe, tubing, hoses, fit- LNG plants or facilities must be re-
tings, valves, pumps, connections, safe- ported in accordance with the require-
ty devices or related components for ments of Part 191 of this subchapter.
containing the flow of hazardous fluids.
Storage tank means a container for [75 FR 72906, Nov. 26, 2010]
storing a hazardous fluid.
§ 193.2013 What documents are incor-
Transfer piping means a system of porated by reference partly or
permanent and temporary piping used wholly in this part?
for transferring hazardous fluids be-
tween any of the following: Lique- (a) This part prescribes standards, or
faction process facilities, storage portions thereof, incorporated by ref-
tanks, vaporizers, compressors, cargo erence into this part with the approval
transfer systems, and facilities other of the Director of the Federal Register
than pipeline facilities. in 5 U.S.C. 552(a) and 1 CFR part 51.
Transfer system includes transfer pip- The materials listed in this section
ing and cargo transfer system. have the full force of law. To enforce
Vaporization means an addition of any edition other than that specified in
thermal energy changing a liquid to a this section, PHMSA must publish a
vapor or gaseous state. notice of change in the FEDERAL REG-
Vaporizer means a heat transfer facil- ISTER.
ity designed to introduce thermal en- (1) Availability of standards incor-
ergy in a controlled manner for chang- porated by reference. All of the mate-
ing a liquid to a vapor or gaseous state. rials incorporated by reference are
Waterfront LNG plant means an LNG available for inspection from several
plant with docks, wharves, piers, or sources, including the following:
other structures in, on, or immediately (i) The Office of Pipeline Safety,
adjacent to the navigable waters of the Pipeline and Hazardous Materials Safe-
United States or Puerto Rico and any ty Administration, 1200 New Jersey Av-
shore area immediately adjacent to enue SE., Washington, DC 20590. For
those waters to which vessels may be more information contact 202–366–4046
secured and at which LNG cargo oper- or go to the PHMSA Web site at: http://
ations may be conducted. www.phmsa.dot.gov/pipeline/regs.
(ii) The National Archives and
[45 FR 9203, Feb. 11, 1980, as amended by Records Administration (NARA). For
Amdt. 193–1, 45 FR 57418, Aug. 28, 1980; Amdt.
information on the availability of this
193–2, 45 FR 70404, Oct. 23, 1980; Amdt. 193–10,
61 FR 18517, Apr. 26, 1996; Amdt. 193–17, 65 FR material at NARA, call 202–741–6030 or
10958, Mar. 1, 2000; 68 FR 11749, Mar. 12, 2003; go to the NARA Web site at: http://
70 FR 11140, Mar. 8, 2005] www.archives.gov/federallregister/
codeloflfederallregulations/
§ 193.2009 Rules of regulatory con- ibrllocations.html.
struction. (iii) Copies of standards incorporated
(a) As used in this part: by reference in this part can also be
(1) Includes means including but not purchased or are otherwise made avail-
limited to; able from the respective standards-de-
(2) May means is permitted to or is veloping organization at the addresses
authorized to; provided in the centralized IBR section
(3) May not means is not permitted to below.
or is not authorized to; and (b) American Gas Association (AGA),
(4) Shall or must is used in the manda- 400 North Capitol Street NW., Wash-
tory and imperative sense. ington, DC 20001, and phone: 202–824–
(b) In this part: 7000, Web site: http://www.aga.org/.

(1) Words importing the singular in- (1) American Gas Association,
clude the plural; and ‘‘Purging Principles and Practices,’’
526
3rd edition, June 2001, (Purging Prin- Vapor Dispersion,’’ April 2004, (GTI–04/
ciples and Practices), IBR approved for 0049), IBR approved for § 193.2059(a).
§§ 193.2513(b) and (c), 193.2517, and (g) National Fire Protection Associa-
193.2615(a). tion (NFPA), 1 Batterymarch Park,
(2) [Reserved] Quincy, MA, 02169 phone: 617–984–7275,
(c) American Petroleum Institute Web site: http://www.nfpa.org/.
(API), 1220 L Street NW., Washington, (1) NFPA–59A (2001), ‘‘Standard for
DC 20005, and phone: 202–682–8000, Web the Production, Storage, and Handling
site: http://api.org/. of Liquefied Natural Gas (LNG),’’
(1) API Standard 620, ‘‘Design and (NFPA–59A–2001), IBR approved for
Construction of Large, Welded, Low- §§ 193.2019(a), 193.2051, 193.2057, 193.2059
pressure Storage Tanks,’’ 11th edition, introductory text and (c), 193.2101(a),
February 2008 (including addendum 1 193.2301, 193.2303, 193.2401, 193.2521,
(March 2009), addendum 2 (August 2010), 193.2639(a), and 193.2801.
and addendum 3 (March 2012)), (API Std (2) NFPA 59A (2006), ‘‘Standard for
620), IBR approved for §§ 193.2101(b); the Production, Storage, and Handling
193.2321(b). of Liquefied Natural Gas (LNG),’’ 2006
(2) [Reserved] edition, approved August 18, 2005,
(d) American Society of Civil Engi- (NFPA–59A–2006), IBR approved for
neers (ASCE), 1801 Alexander Bell §§ 193.2101(b) and 193.2321(b).
Drive, Reston, VA 20191, (800) 548–2723, [Amdt. 193–25, 80 FR 182, Jan. 5, 2015]
703 295–6300 (international), Web site:
http://www.asce.org. § 193.2015 [Reserved]
(1) ASCE/SEI 7–05, ‘‘Minimum Design
Loads for Buildings and Other Struc- § 193.2017 Plans and procedures.
tures’’ 2005 edition (including supple- (a) Each operator shall maintain at
ment No. 1 and Errata), (ASCE/SEI 7– each LNG plant the plans and proce-
05), IBR approved for § 193.2067(b). dures required for that plant by this
(2) [Reserved] part. The plans and procedures must be
(e) ASME International (ASME), available upon request for review and
Three Park Avenue, New York, NY inspection by the Administrator or any
10016. 800–843–2763 (U.S/Canada), Web State Agency that has submitted a cur-
site: http://www.asme.org/. rent certification or agreement with
(1) ASME Boiler & Pressure Vessel respect to the plant under the pipeline
Code, Section VIII, Division 1: ‘‘Rules safety laws (49 U.S.C. 60101 et seq.). In
for Construction of Pressure Vessels,’’ addition, each change to the plans or
2007 edition, July 1, 2007, (ASME BPVC, procedures must be available at the
Section VIII, Division 1), IBR approved LNG plant for review and inspection
for § 193.2321(a). within 20 days after the change is
(2) [Reserved] made.
(f) Gas Technology Institute (GTI), (b) The Associate Administrator or
formerly the Gas Research Institute the State Agency that has submitted a
(GRI), 1700 S. Mount Prospect Road, current certification under section 5(a)
Des Plaines, IL 60018, phone: 847–768– of the Natural Gas Pipeline Safety Act
0500, Web site: www.gastechnology.org. with respect to the pipeline facility
(1) GRI–96/0396.5, ‘‘Evaluation of Miti- governed by an operator’s plans and
gation Methods for Accidental LNG Re- procedures may, after notice and op-
leases, Volume 5: Using FEM3A for portunity for hearing as provided in 49
LNG Accident Consequence Analyses,’’ CFR 190.206 or the relevant State pro-
April 1997, (GRI–96/0396.5), IBR ap- cedures, require the operator to amend
proved for § 193.2059(a). its plans and procedures as necessary
(2) GTI–04/0032 LNGFIRE3: ‘‘A Ther- to provide a reasonable level of safety.
mal Radiation Model for LNG Fires’’ (c) Each operator must review and
March 2004, (GTI–04/0032 LNGFIRE3), update the plans and procedures re-
IBR approved for § 193.2057(a). quired by this part—
(3) GTI–04/0049 ‘‘LNG Vapor Disper- (1) When a component is changed sig-
sion Prediction with the DEGADIS 2.1: nificantly or a new component is in-
Dense Gas Dispersion Model for LNG stalled; and
527
§ 193.2019 49 CFR Ch. I (10–1–15 Edition)
(2) At intervals not exceeding 27 § 193.2055 [Reserved]

months, but at least once every 2 cal-
endar years. § 193.2057 Thermal radiation protec-
tion.
[Amdt. 193–2, 45 FR 70404, Oct. 23, 1980, as
Each LNG container and LNG trans-
amended by Amdt. 193–7, 56 FR 31090, July 9,
fer system must have a thermal exclu-
1991; Amdt. 193–10, 61 FR 18517, Apr. 26, 1996;
Amdt. 193–18, 69 FR 11336, Mar. 10, 2004; sion zone in accordance with section
Amdt. 193–24, 78 FR 58915, Sept. 25, 2013] 2.2.3.2 of NFPA–59A–2001 (incorporated
by reference, see § 193.2013) with the fol-
§ 193.2019 Mobile and temporary LNG lowing exceptions:
facilities. (a) The thermal radiation distances
must be calculated using Gas Tech-
(a) Mobile and temporary LNG facili- nology Institute’s (GTI) report or com-
ties for peakshaving application, for puter model GTI–04/0032 LNGFIRE3: A
service maintenance during gas pipe- Thermal Radiation Model for LNG
line systems repair/alteration, or for Fires (incorporated by reference, see
other short term applications need not § 193.2013). The use of other alternate
meet the requirements of this part if models which take into account the
the facilities are in compliance with same physical factors and have been
applicable sections of NFPA–59A–2001 validated by experimental test data
(incorporated by reference, see may be permitted subject to the Ad-
§ 193.2013). ministrator’s approval.
(b) The State agency having jurisdic- (b) In calculating exclusion dis-
tion over pipeline safety in the State in tances, the wind speed producing the
which the portable LNG equipment is maximum exclusion distances shall be
to be located must be provided with a used except for wind speeds that occur
location description for the installa- less than 5 percent of the time based on
tion at least 2 weeks in advance, in- recorded data for the area.
cluding to the extent practical, the de- (c) In calculating exclusion dis-
tails of siting, leakage containment or tances, the ambient temperature and
relative humidity that produce the
control, fire fighting equipment, and
maximum exclusion distances shall be
methods employed to restrict public
used except for values that occur less
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-
sible must be provided. [Amdt. 193–17, 65 FR 10958, Mar. 1, 2000, as
[Amdt. 193–14, 62 FR 41311, Aug. 1, 1997, as 10, 2004; Amdt. 193–22, 75 FR 48604, Aug. 11,
amended by Amdt. 193–18, 69 FR 11336, Mar. 2010; Amdt. 193–25, 80 FR 182, Jan. 5, 2015]
10, 2004; Amdt. 193–25, 80 FR 182, Jan. 5, 2015]
§ 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-
clusion zone in accordance with sec-
Each LNG facility designed, con- tions 2.2.3.3 and 2.2.3.4 of NFPA–59A–
structed, replaced, relocated or signifi- 2001 (incorporated by reference, see
cantly altered after March 31, 2000 § 193.2013) with the following excep-
must be provided with siting require- tions:
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 GTI–04/0049, ‘‘LNG Vapor Disper-
tween this part and NFPA–59A–2001, sion Prediction with the DEGADIS 2.1
this part prevails. Dense Gas Dispersion Model’’’’ (incor-
porated by reference, see § 193.2013).’’
[Amdt. 193–17, 65 FR 10958, Mar. 1, 2000, as
Alternatively, in order to account for

10, 2004; Amdt. 193–25, 80 FR 182, Jan. 5, 2015]
additional cloud dilution which may be
caused by the complex flow patterns
528
induced by tank and dike structure, §§ 193.2061–193.2065 [Reserved]

dispersion distances may be calculated
in accordance with the model described § 193.2067 Wind forces.
in the Gas Research Institute report (a) LNG facilities must be designed
GRI–96/0396.5 (incorporated by ref- to withstand without loss of structural
erence, see § 193.2013), ‘‘Evaluation of or functional integrity:
Mitigation Methods for Accidental (1) The direct effect of wind forces;
LNG Releases. Volume 5: Using FEM3A (2) The pressure differential between
for LNG Accident Consequence Anal- the interior and exterior of a confining,
yses’’. The use of alternate models or partially confining, structure; and
which take into account the same (3) In the case of impounding systems
physical factors and have been vali- for LNG storage tanks, impact forces
dated by experimental test data shall and potential penetrations by wind
be permitted, subject to the Adminis- borne missiles.
(b) The wind forces at the location of
trator’s approval.
the specific facility must be based on
(b) The following dispersion param- one of the following:
eters must be used in computing dis- (1) For shop fabricated containers of
persion distances: LNG or other hazardous fluids with a
(1) Average gas concentration in air = capacity of not more than 70,000 gal-
2.5 percent. lons, applicable wind load data in
(2) Dispersion conditions are a com- ASCE/SEI 7 (incorporated by reference,
bination of those which result in longer see § 193.2013).
predicted downwind dispersion dis- (2) For all other LNG facilities:
tances than other weather conditions (i) An assumed sustained wind veloc-
at the site at least 90 percent of the ity of not less than 150 miles per hour,
time, based on figures maintained by unless the Administrator finds a lower
National Weather Service of the U.S. velocity is justified by adequate sup-
Department of Commerce, or as an al- portive data; or
ternative where the model used gives (ii) The most critical combination of
longer distances at lower wind speeds, wind velocity and duration, with re-
Atmospheric Stability (Pasquill Class) spect to the effect on the structure,
F, wind speed = 4.5 miles per hour (2.01 having a probability of exceedance in a
50-year period of 0.5 percent or less, if
meters/sec) at reference height of 10
adequate wind data are available and
meters, relative humidity = 50.0 per-
the probabilistic methodology is reli-
cent, and atmospheric temperature =
able.
average in the region.
(3) The elevation for contour (recep- [45 FR 9203, Feb. 11, 1980, as amended by
tor) output H = 0.5 meters. Amdt. 193–1, 45 FR 57419, Aug. 28, 1980; 58 FR
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 Amdt. 193–22, 75 FR 48604, Aug. 11, 2010;
can be shown that the terrain both Amdt. 193–25, 80 FR 183, Jan. 5, 2015]
upwind and downwind of the vapor
§§ 193.2069–193.2073 [Reserved]
cloud has dense vegetation and that
the vapor cloud height is more than
ten times the height of the obstacles Subpart C—Design
encountered by the vapor cloud. § 193.2101 Scope.
(c) The design spill shall be deter-
mined in accordance with section (a) Each LNG facility designed after
2.2.3.5 of NFPA–59A–2001 (incorporated March 31, 2000 must comply with the
requirements of this part and of NFPA–
by reference, see § 193.2013).
59A–2001 (incorporated by reference, see
[Amdt. 193–17, 65 FR 10959, Mar. 1, 2000, as § 193.2013). If there is a conflict between
amended by Amdt. 193–18, 69 FR 11336, Mar. this Part and NFPA–59A–2001, the re-
10, 2004; Amdt. 193–25, 80 FR 183, Jan. 5, 2015] quirements in this part prevail.
(b) Each stationary LNG storage
tank must comply with Section 7.2.2 of
529
§§ 193.2103–193.2117 49 CFR Ch. I (10–1–15 Edition)
NFPA–59A–2006 (incorporated by ref- (4) Exposure to fire from impounded

erence, see § 193.2013) for seismic design LNG or from sources other than im-
of field fabricated tanks. All other LNG pounded LNG.
storage tanks must comply with API (5) If applicable, the potential impact
Std–620 (incorporated by reference, see and loading on the dike due to—
§ 193.2013) for seismic design. (i) Collapse of the component or item
served or adjacent components; and
[Amdt. 193–25, 80 FR 183, Jan. 5, 2015]
(ii) If the LNG facility adjoins the
MATERIALS right-of-way of any highway or rail-
road, collision by or explosion of a
§§ 193.2103–193.2117 [Reserved] train, tank car, or tank truck that
could reasonably be expected to cause
§ 193.2119 Records the most severe loading.
Each operator shall keep a record of (b) An LNG storage tank must not be
all materials for components, build- located within a horizontal distance of
ings, foundations, and support systems, one mile (1.6 km) from the ends, or 1⁄4
as necessary to verify that material mile (0.4 km) from the nearest point of
properties meet the requirements of a runway, whichever is longer. The
this part. These records must be main- height of LNG structures in the vicin-
tained for the life of the item con- ity of an airport must also comply with
cerned. Federal Aviation Administration re-
quirements in 14 CFR Section 1.1.
DESIGN OF COMPONENTS AND BUILDINGS [45 FR 9203, Feb. 11, 1980, as amended by
Amdt. 193–17, 65 FR 10959, Mar. 1, 2000]
§§ 193.2121–193.2153 [Reserved]
§§ 193.2157–193.2159 [Reserved]
IMPOUNDMENT DESIGN AND CAPACITY
§ 193.2161 Dikes, general.
§ 193.2155 Structural requirements.
An outer wall of a component served
(a) The structural members of an im-
by an impounding system may not be
poundment system must be designed
used as a dike unless the outer wall is
and constructed to prevent impairment
constructed of concrete.
of the system’s performance reliability
and structural integrity as a result of [Amdt. 193–17, 65 FR 10959, Mar. 1, 2000]
the following:
(1) The imposed loading from— §§ 193.2163–193.2165 [Reserved]
(i) Full hydrostatic head of im- § 193.2167 Covered systems.
pounded LNG;
(ii) Hydrodynamic action, including A covered impounding system is pro-
the effect of any material injected into hibited except for concrete wall de-
the system for spill control; signed tanks where the concrete wall is
(iii) The impingement of the trajec- an outer wall serving as a dike.
tory of an LNG jet discharged at any [Amdt. 193–17, 65 FR 10959, Mar. 1, 2000]
predictable angle; and
(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
530
maximum predictable collection rate §§ 193.2189–193.2233 [Reserved]

from a storm of 10-year frequency and
1-hour duration, and other natural Subpart D—Construction
causes. For rainfall amounts, operators
must use the ‘‘Rainfall Frequency § 193.2301 Scope.
Atlas of the United States’’ published Each LNG facility constructed after
by the National Weather Service of the March 31, 2000 must comply with re-
U.S. Department of Commerce. quirements of this part and of NFPA–
(c) Sump pumps for water removal 59A–2001 (incorporated by reference see
must— § 193.2013). In the event of a conflict be-
(1) Be operated as necessary to keep tween this part and NFPA 59A, this
the impounding space as dry as prac- part prevails.
tical; and [Amdt. 193–17, 65 FR 10960, Mar. 1, 2000, as
(2) If sump pumps are designed for amended by Amdt. 193–18, 69 FR 11336, Mar.
automatic operation, have redundant 10, 2004; Amdt. 193–25, 80 FR 182, Jan. 5, 2015]
automatic shutdown controls to pre-
vent operation when LNG is present. § 193.2303 Construction acceptance.
[45 FR 9203, Feb. 11, 1980, as amended by No person may place in service any
Amdt. 193–17, 65 FR 10959, Mar. 1, 2000] component until it passes all applica-
ble inspections and tests prescribed by
§§ 193.2175–193.2179 [Reserved] this subpart and NFPA–59A–2001 (incor-
porated by reference, see § 193.2013).
§ 193.2181 Impoundment capacity:
[45 FR 9203, Feb. 11, 1980, as amended by
LNG storage tanks.
Amdt. 193–17, 65 FR 10960, Mar. 1, 2000; Amdt.
Each impounding system serving an 193–18, 69 FR 11337, Mar. 10, 2004; Amdt. 193–
LNG storage tank must have a min- 25, 80 FR 182, Jan. 5, 2015]
imum volumetric liquid impoundment
§ 193.2304 Corrosion control overview.
capacity of:
(a) 110 percent of the LNG tank’s (a) Subject to paragraph (b) of this
maximum liquid capacity for an im- section, components may not be con-
poundment serving a single tank; structed, repaired, replaced, or signifi-
(b) 100 percent of all tanks or 110 per- cantly altered until a person qualified
under § 193.2707(c) reviews the applica-
cent of the largest tank’s maximum
ble design drawings and materials spec-
liquid capacity, whichever is greater,
ifications from a corrosion control
for the impoundment serving more
viewpoint and determines that the ma-
than one tank; or terials involved will not impair the
(c) If the dike is designed to account safety or reliability of the component
for a surge in the event of catastrophic or any associated components.
failure, then the impoundment capac- (b) The repair, replacement, or sig-
ity may be reduced to 100 percent in nificant alteration of components must
lieu of 110 percent. be reviewed only if the action to be
[Amdt. 193–17, 65 FR 10960, Mar. 1, 2000] taken—
(1) Involves a change in the original
§§ 193.2183–193.2185 [Reserved] materials specified;
(2) Is due to a failure caused by corro-
LNG STORAGE TANKS sion; or
(3) Is occasioned by inspection re-
§ 193.2187 Nonmetallic membrane vealing a significant deterioration of
liner. the component due to corrosion.
A flammable nonmetallic membrane [Amdt. 193–2, 45 FR 70404, Oct. 23, 1980]
liner may not be used as an inner con-
tainer in a storage tank. §§ 193.2305–193.2319 [Reserved]
[Amdt. 193–17, 65 FR 10960, Mar. 1, 2000] § 193.2321 Nondestructive tests.
(a) The butt welds in metal shells of

storage tanks with internal design
531
§§ 193.2323–193.2329 49 CFR Ch. I (10–1–15 Edition)
pressure above 15 psig must be non- by reference, see § 193.2013), this part
destructively examined in accordance prevails.
with the ASME Boiler and Pressure
[Amdt. 193–17, 65 FR 10960, Mar. 1, 2000, as
Vessel Code (BPVC) (Section VIII, Di- amended by Amdt. 193–18, 69 FR 11337, Mar.
vision 1)(incorporated by reference, see 10, 2004; Amdt. 193–25, 80 FR 182, Jan. 5, 2015]
§ 193.2013), except that 100 percent of
welds that are both longitudinal (or VAPORIZATION EQUIPMENT
meridional) and circumferential (or
latitudinal) of hydraulic load bearing §§ 193.2403–193.2439 [Reserved]
shells with curved surfaces that are
subject to cryogenic temperatures § 193.2441 Control center.
must be nondestructively examined in Each LNG plant must have a control
accordance with the ASME BPVC (Sec- center from which operations and
tion VIII, Division 1). warning devices are monitored as re-
(b) For storage tanks with internal quired by this part. A control center
design pressures at 15 psig or less, ul- must have the following capabilities
trasonic examinations of welds on and characteristics:
metal containers must comply with the (a) It must be located apart or pro-
following: tected from other LNG facilities so
(1) Section 7.3.1.2 of NFPA Std–59A– that it is operational during a control-
2006, (incorporated by reference, see lable emergency.
§ 193. 2013); (b) Each remotely actuated control
(2) Appendices C and Q of API Std system and each automatic shutdown
620, (incorporated by reference, see control system required by this part
§ 193.2013); must be operable from the control cen-
(c) Ultrasonic examination records ter.
must be retained for the life of the fa- (c) Each control center must have
cility. If electronic records are kept, personnel in continuous attendance
they must be retained in a manner so while any of the components under its
that they cannot be altered by any control are in operation, unless the
means; and control is being performed from an-
(d) The ultrasonic equipment used in other control center which has per-
the examination of welds must be cali- sonnel in continuous attendance.
brated at a frequency no longer than (d) If more than one control center is
eight hours. Such calibrations must located at an LNG Plant, each control
verify the examination of welds against center must have more than one means
a calibration standard. If the ultra- of communication with each other cen-
sonic equipment is found to be out of ter.
calibration, all previous weld inspec- (e) Each control center must have a
tions that are suspect must be reexam- means of communicating a warning of
ined. hazardous conditions to other locations
[Amdt. 193–22, 75 FR 48605, Aug. 11, 2010, as within the plant frequented by per-
amended by Amdt. 193–25, 80 FR 183, Jan. 5, sonnel.
2015; 80 FR 46848, Aug. 6, 2015]
§ 193.2443 [Reserved]
§§ 193.2323–193.2329 [Reserved]
§ 193.2445 Sources of power.
Subpart E—Equipment (a) Electrical control systems, means
of communication, emergency lighting,
§ 193.2401 Scope. and firefighting systems must have at
After March 31, 2000, each new, re- least two sources of power which func-
placed, relocated or significantly al- tion so that failure of one source does
tered vaporization equipment, lique- not affect the capability of the other
faction equipment, and control systems source.
must be designed, fabricated, and in- (b) Where auxiliary generators are
stalled in accordance with require- used as a second source of electrical
ments of this part and of NFPA–59A– power:

2001. In the event of a conflict between (1) They must be located apart or
this part and NFPA 59A (incorporated protected from components so that
532
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.
(b) After cooldown stabilization is
SOURCE: Amdt. 193–2, 45 FR 70405, Oct. 23,
reached, cryogenic piping systems
1980, unless otherwise noted.
must be checked for leaks in areas of
§ 193.2501 Scope. flanges, valves, and seals.
This subpart prescribes requirements § 193.2507 Monitoring operations.
for the operation of LNG facilities. Each component in operation or
§ 193.2503 Operating procedures. building in which a hazard to persons
or property could exist must be mon-
Each operator shall follow one or itored to detect fire or any malfunction
more manuals of written procedures to or flammable fluid that could cause a
provide safety in normal operation and hazardous condition. Monitoring must
in responding to an abnormal operation be accomplished by watching or listen-
that would affect safety. The proce- ing from an attended control center for
dures must include provisions for: warning alarms, such as gas, tempera-
(a) Monitoring components or build- ture, pressure, vacuum, and flow
ings according to the requirements of alarms, or by conducting an inspection
§ 193.2507. or test at intervals specified in the op-
(b) Startup and shutdown, including erating procedures.
for initial startup, performance testing
[Amdt, 193–2, 45 FR 70405, Oct. 23, 1980, as
to demonstrate that components will
operate satisfactory in service. 10, 2004]
(c) Recognizing abnormal operating
conditions. § 193.2509 Emergency procedures.
(d) Purging and inerting components (a) Each operator shall determine the
according to the requirements of types and places of emergencies other
§ 193.2517. than fires that may reasonably be ex-
(e) In the case of vaporization, main- pected to occur at an LNG plant due to
taining the vaporization rate, tempera- operating malfunctions, structural col-
ture and pressure so that the resultant lapse, personnel error, forces of nature,
gas is within limits established for the and activities adjacent to the plant.
vaporizer and the downstream piping. (b) To adequately handle each type of
(f) In the case of liquefaction, main- emergency identified under paragraph
taining temperatures, pressures, pres- (a) of this section and each fire emer-
sure differentials and flow rates, as ap- gency, each operator must follow one
plicable, within their design limits for: or more manuals of written procedures.
(1) Boilers; The procedures must provide for the
(2) Turbines and other prime movers; following:
(3) Pumps, compressors, and expand- (1) Responding to controllable emer-
ers; gencies, including notifying personnel
(4) Purification and regeneration and using equipment appropriate for
equipment; and handling the emergency.
(5) Equipment within cold boxes. (2) Recognizing an uncontrollable
(g) Cooldown of components accord- emergency and taking action to mini-
ing to the requirements of § 193.2505. mize harm to the public and personnel,
[Amdt. 193–2, 45 FR 70405, Oct. 23, 1980, as including prompt notification of appro-
amended by Amdt. 193–18, 69 FR 11337, Mar. priate local officials of the emergency
10, 2004] and possible need for evacuation of the
public in the vicinity of the LNG plant.
§ 193.2505 Cooldown.
(3) Coordinating with appropriate

(a) The cooldown of each system of local officials in preparation of an
components that is subjected to cryo- emergency evacuation plan, which sets
533
§ 193.2511 49 CFR Ch. I (10–1–15 Edition)
forth the steps required to protect the (2) Before transfer, verify that each
public in the event of an emergency, receiving container or tank vehicle
including catastrophic failure of an does not contain any substance that
LNG storage tank. would be incompatible with the incom-
(4) Cooperating with appropriate ing fluid and that there is sufficient ca-
local officials in evacuations and emer- pacity available to receive the amount
gencies requiring mutual assistance of fluid to be transferred;
and keeping these officials advised of: (3) Before transfer, verify the max-
(i) The LNG plant fire control equip- imum filling volume of each receiving
ment, its location, and quantity of container or tank vehicle to ensure
units located throughout the plant; that expansion of the incoming fluid
(ii) Potential hazards at the plant,
due to warming will not result in over-
including fires;
filling or overpressure;
(iii) Communication and emergency
control capabilities at the LNG plant; (4) When making bulk transfer of
and LNG into a partially filled (excluding
(iv) The status of each emergency. cooldown heel) container, determine
any differences in temperature or spe-
[Amdt. 193–2, 45 FR 70405, Oct. 23, 1980, as cific gravity between the LNG being
10, 2004]
transferred and the LNG already in the
container and, if necessary, provide a
§ 193.2511 Personnel safety. means to prevent rollover due to strat-
(a) Each operator shall provide any ification.
special protective clothing and equip- (5) Verify that the transfer oper-
ment necessary for the safety of per- ations are proceeding within design
sonnel while they are performing emer- conditions and that overpressure or
gency response duties. overfilling does not occur by moni-
(b) All personnel who are normally toring applicable flow rates, liquid lev-
on duty at a fixed location, such as a els, and vapor returns.
building or yard, where they could be (6) Manually terminate the flow be-
harmed by thermal radiation from a fore overfilling or overpressure occurs;
burning pool of impounded liquid, must and
be provided a means of protection at (7) Deactivate cargo transfer systems
that location from the harmful effects in a safe manner by depressurizing,
of thermal radiation or a means of es- venting, and disconnecting lines and
cape. conducting any other appropriate oper-
(c) Each LNG plant must be equipped ations.
with suitable first-aid material, the lo- (c) In addition to the requirements of
cation of which is clearly marked and paragraph (b) of this section, the proce-
readily available to personnel. dures for cargo transfer must be lo-
cated at the transfer area and include
§ 193.2513 Transfer procedures.
provisions for personnel to:
(a) Each transfer of LNG or other (1) Be in constant attendance during
hazardous fluid must be conducted in all cargo transfer operations;
accordance with one or more manuals (2) Prohibit the backing of tank
of written procedures to provide for
trucks in the transfer area, except
safe transfers.
when a person is positioned at the rear
(b) The transfer procedures must in-
of the truck giving instructions to the
clude provisions for personnel to:
(1) Before transfer, verify that the driver;
transfer system is ready for use, with (3) Before transfer, verify that:
connections and controls in proper po- (i) Each tank car or tank truck com-
sitions, including if the system could plies with applicable regulations gov-
contain a combustible mixture, erning its use;
verifying that it has been adequately (ii) All transfer hoses have been vis-
purged in accordance with a procedure ually inspected for damage and defects;
which meets the requirements of (iii) Each tank truck is properly im-
‘‘Purging Principles and Practices (in- mobilized with chock wheels, and elec-
corporated by reference, see § 193.2013)’’; trically grounded; and
534
(iv) Each tank truck engine is shut from the plant site and must be main-
off unless it is required for transfer op- tained intact to the extent practicable
erations; until the investigation is complete or
(4) Prevent a tank truck engine that the investigating agency otherwise
is off during transfer operations from provides.
being restarted until the transfer lines
[Amdt. 193–2, 45 FR 70405, Oct. 23, 1980, as
have been disconnected and any re-
amended by Amdt. 193–10, 61 FR 18517, Apr.
leased vapors have dissipated; 26, 1996]
(5) Prevent loading LNG into a tank
car or tank truck that is not in exclu- § 193.2517 Purging.
sive LNG service or that does not con-
tain a positive pressure if it is in exclu- When necessary for safety, compo-
sive LNG service, until after the oxy- nents that could accumulate signifi-
gen content in the tank is tested and if cant amounts of combustible mixtures
it exceeds 2 percent by volume, purged must be purged in accordance with a
in accordance with a procedure that procedure which meets the provisions
meets the requirements of ‘‘Purging of the ‘‘Purging Principles and Prac-
Principles and Practices (incorporated tices (incorporated by reference, see
by reference, see § 193.2013)’’. § 193.2013)’’ after being taken out of
(6) Verify that all transfer lines have service and before being returned to
been disconnected and equipment service.
cleared before the tank car or tank [Amdt. 193–2, 45 FR 70405, Oct. 23, 1980, as
truck is moved from the transfer posi- amended by Amdt. 193–25, 80 FR 183, Jan. 5,
tion; and 2015]
(7) Verify that transfers into a pipe-
line system will not exceed the pres- § 193.2519 Communication systems.
sure or temperature limits of the sys- (a) Each LNG plant must have a pri-
tem. mary communication system that pro-
[Amdt. 193–2, 45 FR 70405, Oct. 23, 1980, as vides for verbal communications be-
amended by Amdt. 193–25, 80 FR 183, Jan. 5, tween all operating personnel at their
2015] work stations in the LNG plant.
(b) Each LNG plant in excess of 70,000
§ 193.2515 Investigations of failures.
gallons (265,000 liters) storage capacity
(a) Each operator shall investigate must have an emergency communica-
the cause of each explosion, fire, or tion system that provides for verbal
LNG spill or leak which results in: communications between all persons
(1) Death or injury requiring hos- and locations necessary for the orderly
pitalization; or shutdown of operating equipment and
(2) Property damage exceeding the operation of safety equipment in
$10,000. time of emergency. The emergency
(b) As a result of the investigation, communication system must be inde-
appropriate action must be taken to pendent of and physically separated
minimize recurrence of the incident. from the primary communication sys-
(c) If the Administrator or relevant tem and the security communication
state agency under the pipeline safety system under § 193.2909.
laws (49 U.S.C. 60101 et seq.) inves- (c) Each communication system re-
tigates an incident, the operator in- quired by this part must have an auxil-
volved shall make available all rel- iary source of power, except sound-
evant information and provide reason- powered equipment.
able assistance in conducting the in-
vestigation. Unless necessary to re- [45 FR 9203, Feb. 11, 1980, as amended by
store or maintain service, or for safety, Amdt. 193–16, 63 FR 37505, July 13, 1998]
no component involved in the incident
may be moved from its location or oth- § 193.2521 Operating records.
erwise altered until the investigation Each operator shall maintain a
is complete or the investigating agency record of results of each inspection,
otherwise provides. Where components test and investigation required by this

must be moved for operational or safe- subpart. For each LNG facility that is
ty reasons, they must not be removed designed and constructed after March
535
§ 193.2601 49 CFR Ch. I (10–1–15 Edition)
31, 2000 the operator shall also main- nents meet the maintenance standards
tain related inspection, testing, and in- prescribed by this subpart.
vestigation records that NFPA–59A– (b) Each operator shall follow one or
2001 (incorporated by reference, see more manuals of written procedures for
§ 193.2013) requires. Such records, the maintenance of each component,
whether required by this part or including any required corrosion con-
NFPA–59A–2001, must be kept for a pe- trol. The procedures must include:
riod of not less than five years. (1) The details of the inspections or
tests determined under paragraph (a) of
[Amdt. 193–17, 65 FR 10960, Mar. 1, 2000, as this section and their frequency of per-
formance; and
10, 2004; Amdt. 193–25, 80 FR 182, Jan. 5, 2015]
(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,
1988; 53 FR 26560, July 13, 1988; Amdt. 193–18,
maintained in a condition that is com-
69 FR 11337, Mar. 10, 2004]
patible with its operational or safety
purpose by repair, replacement, or § 193.2607 Foreign material.
other means.
(a) The presence of foreign material,
(b) An operator may not place, re- contaminants, or ice shall be avoided
turn, or continue in service any compo- or controlled to maintain the oper-
nent which is not maintained in ac- ational safety of each component.
cordance with this subpart. (b) LNG plant grounds must be free
(c) Each component taken out of from rubbish, debris, and other mate-
service must be identified in the rial which present a fire hazard. Grass
records kept under § 193.2639. areas on the LNG plant grounds must
(d) If a safety device is taken out of be maintained in a manner that does
service for maintenance, the compo- not present a fire hazard.
nent being served by the device must
be taken out of service unless the same § 193.2609 Support systems.
safety function is provided by an alter- Each support system or foundation of
nate means. each component must be inspected for
(e) If the inadvertent operation of a any detrimental change that could im-
component taken out of service could pair support.
cause a hazardous condition, that com-
ponent must have a tag attached to the § 193.2611 Fire protection.
controls bearing the words ‘‘do not op- (a) Maintenance activities on fire
erate’’ or words of comparable mean- control equipment must be scheduled
ing. so that a minimum of equipment is
taken out of service at any one time
§ 193.2605 Maintenance procedures. and is returned to service in a reason-
(a) Each operator shall determine able period of time.
and perform, consistent with generally (b) Access routes for movement of
accepted engineering practice, the peri- fire control equipment within each
odic inspections or tests needed to LNG plant must be maintained to rea-

meet the applicable requirements of sonably provide for use in all weather
this subpart and to verify that compo- conditions.
536
§ 193.2613 Auxiliary power sources. (b) If a control system is out of serv-

ice for 30 days or more, it must be in-
Each auxiliary power source must be
spected and tested for operational ca-
tested monthly to check its oper-
pability before returning it to service.
ational capability and tested annually
for capacity. The capacity test must (c) Control systems in service, but
take into account the power needed to not normally in operation, such as re-
start up and simultaneously operate lief valves and automatic shutdown de-
equipment that would have to be vices, and control systems for internal
served by that power source in an shutoff valves for bottom penetration
emergency. tanks must be inspected and tested
once each calendar year, not exceeding
§ 193.2615 Isolating and purging. 15 months, with the following excep-
tions:
(a) Before personnel begin mainte-
(1) Control systems used seasonally,
nance activities on components han-
such as for liquefaction or vaporiza-
dling flammable fluids which are iso-
tion, must be inspected and tested be-
lated for maintenance, the component
fore use each season.
must be purged in accordance with a
procedure which meets the require- (2) Control systems that are intended
ments of ‘‘Purging Principles and Prac- for fire protection must be inspected
tices (incorporated by reference, see and tested at regular intervals not to
§ 193.2013)’’; unless the maintenance exceed 6 months.
procedures under § 193.2605 provide that (d) Control systems that are nor-
the activity can be safely performed mally in operation, such as required by
without purging. a base load system, must be inspected
(b) If the component or maintenance and tested once each calendar year but
activity provides an ignition source, a with intervals not exceeding 15
technique in addition to isolation months.
valves (such as removing spool pieces (e) Relief valves must be inspected
or valves and blank flanging the pip- and tested for verification of the valve
ing, or double block and bleed valving) seat lifting pressure and reseating.
must be used to ensure that the work [Amdt. 193–2, 45 FR 70407, Oct. 23, 1980, as
area is free of flammable fluids. amended by Amdt. 193–17, 65 FR 10960, Mar. 1,
2000]
[Amdt. 193–2, 45 FR 70405, Oct. 23, 1980, as
amended by Amdt. 193–25, 80 FR 184, Jan. 5,
2015] § 193.2621 Testing transfer hoses.
Hoses used in LNG or flammable re-
§ 193.2617 Repairs. frigerant transfer systems must be:
(a) Repair work on components must (a) Tested once each calendar year,
be performed and tested in a manner but with intervals not exceeding 15
which: months, to the maximum pump pres-
(1) As far as practicable, complies sure or relief valve setting; and
with the applicable requirements of (b) Visually inspected for damage or
Subpart D of this part; and defects before each use.
(2) Assures the integrity and oper-
ational safety of the component being § 193.2623 Inspecting LNG storage
repaired. tanks.
(b) For repairs made while a compo- Each LNG storage tank must be in-
nent is operating, each operator shall spected or tested to verify that each of
include in the maintenance procedures the following conditions does not im-
under § 193.2605 appropriate precautions pair the structural integrity or safety
to maintain the safety of personnel and of the tank:
property during repair activities. (a) Foundation and tank movement
during normal operation and after a
§ 193.2619 Control systems. major meteorological or geophysical
disturbance.
(a) Each control system must be

properly adjusted to operate within de- (b) Inner tank leakage.
sign limits. (c) Effectiveness of insulation.
537
§ 193.2625 49 CFR Ch. I (10–1–15 Edition)
(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.
§ 193.2631 Internal corrosion control.
(a) Each operator shall determine
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— § 193.2633 Interference currents.
(1) Protected from corrosion in ac-
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.
(c) Each impressed current power
Each exposed component that is sub-
source must be installed and main-
ject to atmospheric corrosive attack
tained to prevent adverse interference
must be protected from atmospheric
with communications and control sys-
corrosion by—
tems.
(a) Material that has been designed
and selected to resist the corrosive at- § 193.2635 Monitoring corrosion con-
mosphere involved; or trol.
(b) Suitable coating or jacketing. Corrosion protection provided as re-
quired by this subpart must be periodi-
§ 193.2629 External corrosion control:
buried or submerged components. cally monitored to give early recogni-
tion of ineffective corrosion protection,
(a) Each buried or submerged compo- including the following, as applicable:
nent that is subject to external corro- (a) Each buried or submerged compo-
sive attack must be protected from ex- nent under cathodic protection must be
ternal corrosion by— tested at least once each calendar year,
(1) Material that has been designed but with intervals not exceeding 15
and selected to resist the corrosive en- months, to determine whether the ca-
vironment involved; or thodic protection meets the require-
(2) The following means: ments of § 192.463 of this chapter.
(i) An external protective coating de- (b) Each cathodic protection rectifier
signed and installed to prevent corro- or other impressed current power
sion attack and to meet the require- source must be inspected at least 6
ments of § 192.461 of this chapter; and times each calendar year, but with in-
(ii) A cathodic protection system de- tervals not exceeding 21⁄2 months, to
signed to protect components in their ensure that it is operating properly.
entirety in accordance with the re- (c) Each reverse current switch, each
quirements of § 192.463 of this chapter diode, and each interference bond
and placed in operation before October whose failure would jeopardize compo-
23, 1981, or within 1 year after the com- nent protection must be electrically
ponent is constructed or installed, checked for proper performance at
whichever is later. least 6 times each calendar year, but

(b) Where cathodic protection is ap- with intervals not exceeding 21⁄2
plied, components that are electrically months. Each other interference bond
538
must be checked at least once each cal- (2) Records of each test, survey, or
endar year, but with intervals not ex- inspection required by this subpart in
ceeding 15 months. sufficient detail to demonstrate the
(d) Each component that is protected adequacy of corrosion control meas-
from atmospheric corrosion must be in- ures.
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 Amdt. 193–25, 80 FR 182, Jan. 5, 2015]
designed to detect internal corrosion,
such as coupons or probes, must be lo-
cated where corrosion is most likely to
Subpart H—Personnel
occur. However, monitoring is not re- Qualifications and Training
quired for corrosion resistant materials
if the operator can demonstrate that SOURCE: Sections 193.2707 through 193.2719
the component will not be adversely af- appear at Amdt. 193–2, 45 FR 70404, Oct. 23,
fected by internal corrosion during its 1980, unless otherwise noted.
service life. Internal corrosion control
monitoring devices must be checked at § 193.2701 Scope.
least two times each calendar year, but This subpart prescribes requirements
with intervals not exceeding 71⁄2 for personnel qualifications and train-
months. ing.
§ 193.2637 Remedial measures. [45 FR 9219, Feb. 11, 1980]
Prompt corrective or remedial action § 193.2703 Design and fabrication.

must be taken whenever an operator
learns by inspection or otherwise that For the design and fabrication of
atmospheric, external, or internal cor- components, each operator shall use—
rosion is not controlled as required by (a) With respect to design, persons
this subpart. who have demonstrated competence by
training or experience in the design of
§ 193.2639 Maintenance records. comparable components.
(a) Each operator shall keep a record (b) With respect to fabrication, per-
at each LNG plant of the date and type sons who have demonstrated com-
of each maintenance activity per- petence by training or experience in
formed on each component to meet the the fabrication of comparable compo-
requirements of this part. For each nents.
LNG facility that is designed and con- [45 FR 9219, Feb. 11, 1980]
structed after March 31, 2000 the oper-
ator shall also maintain related peri- § 193.2705 Construction, installation,
odic inspection and testing records inspection, and testing.
that NFPA–59A–2001 (incorporated by (a) Supervisors and other personnel
reference, see § 193.2013) requires. Main-
utilized for construction, installation,
tenance records, whether required by
inspection, or testing must have dem-
this part or NFPA–59A–2001, must be
onstrated their capability to perform
kept for a period of not less than five
satisfactorily the assigned function by
years.
appropriate training in the methods
(b) Each operator shall maintain
and equipment to be used or related ex-
records or maps to show the location of
perience and accomplishments.
cathodically protected components,
neighboring structures bonded to the (b) Each operator must periodically
cathodic protection system, and corro- determine whether inspectors per-
sion protection equipment. forming construction, installation, and
(c) Each of the following records testing duties required by this part are
must be retained for as long as the satisfactorily performing their as-
signed functions.
LNG facility remains in service:

(1) Each record or map required by [45 FR 9219, Feb. 11, 1980, as amended by
paragraph (b) of this section. Amdt. 193–18, 69 FR 11337, Mar. 10, 2004]
539
§ 193.2707 49 CFR Ch. I (10–1–15 Edition)
§ 193.2707 Operations and mainte- (i) About the characteristics and haz-
nance. ards of LNG and other flammable fluids
(a) Each operator shall utilize for op- used or handled at the facility, includ-
eration or maintenance of components ing, with regard to LNG, low tempera-
only those personnel who have dem- tures, flammability of mixtures with
onstrated their capability to perform air, odorless vapor, boiloff characteris-
their assigned functions by— tics, and reaction to water and water
(1) Successful completion of the spray;
training required by §§ 193.2713 and (ii) About the potential hazards in-
193.2717; and volved in operating and maintenance
(2) Experience related to the assigned activities; and
operation or maintenance function; (iii) To carry out aspects of the oper-
and ating and maintenance procedures
(3) Acceptable performance on a pro- under §§ 193.2503 and 193.2605 that relate
ficiency test relevant to the assigned to their assigned functions; and
function. (2) All personnel—
(b) A person who does not meet the (i) To carry out the emergency proce-
requirements of paragraph (a) of this dures under § 193.2509 that relate to
section may operate or maintain a their assigned functions; and
component when accompanied and di- (ii) To give first-aid; and
rected by an individual who meets the (3) All operating and appropriate su-
requirements. pervisory personnel—
(c) Corrosion control procedures (i) To understand detailed instruc-
under § 193.2605(b), including those for tions on the facility operations, includ-
the design, installation, operation, and ing controls, functions, and operating
maintenance of cathodic protection procedures; and
systems, must be carried out by, or (ii) To understand the LNG transfer
under the direction of, a person quali- procedures provided under § 193.2513.
fied by experience and training in cor-
(b) A written plan of continuing in-
rosion control technology.
struction must be conducted at inter-
§ 193.2709 Security. vals of not more than two years to
keep all personnel current on the
Personnel having security duties knowledge and skills they gained in
must be qualified to perform their as- the program of initial instruction.
signed duties by successful completion
of the training required under § 193.2715. § 193.2715 Training: security.
§ 193.2711 Personnel health. (a) Personnel responsible for security
at an LNG plant must be trained in ac-
Each operator shall follow a written
cordance with a written plan of initial
plan to verify that personnel assigned
instruction to:
operating, maintenance, security, or
fire protection duties at the LNG plant (1) Recognize breaches of security;
do not have any physical condition (2) Carry out the security procedures
that would impair performance of their under § 193.2903 that relate to their as-
assigned duties. The plan must be designed duties;
signed to detect both readily observ- (3) Be familiar with basic plant oper-
able disorders, such as physical handi- ations and emergency procedures, as
caps or injury, and conditions requir- necessary to effectively perform their
ing professional examination for dis- assigned duties; and
covery. (4) Recognize conditions where secu-
rity assistance is needed.
§ 193.2713 Training: operations and (b) A written plan of continuing in-
maintenance. struction must be conducted at inter-
(a) Each operator shall provide and vals of not more than two years to
implement a written plan of initial keep all personnel having security du-
training to instruct— ties current on the knowledge and

(1) All permanent maintenance, oper- skills they gained in the program of
ating, and supervisory personnel— initial instruction.
540
§ 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 Amdt. 193–25, 80 FR 182, Jan. 5, 2015]
plant fire drills, to:
(1) Know the potential causes and §§ 193.2803–193.2821 [Reserved]
areas of fire;
(2) Know the types, sizes, and predict- Subpart J—Security
able consequences of fire; and
(3) Know and be able to perform their
assigned fire control duties according SOURCE: Amdt. 193–2, 45 FR 70409, Oct. 23,
to the procedures established under 1980, unless otherwise noted.
§ 193.2509 and by proper use of equip-
§ 193.2901 Scope.
ment provided under § 193.2801.
(b) A written plan of continuing in- This subpart prescribes requirements
struction, including plant fire drills, for security at LNG plants. However,
must be conducted at intervals of not the requirements do not apply to exist-
more than two years to keep personnel ing LNG plants that do not contain
current on the knowledge and skills LNG.
they gained in the instruction under
paragraph (a) of the section. [Amdt. 193–4, 52 FR 675, Jan. 8, 1987]
(c) Plant fire drills must provide per-
§ 193.2903 Security procedures.
sonnel hands-on experience in carrying
out their duties under the fire emer- Each operator shall prepare and fol-
gency procedures required by § 193.2509. low one or more manuals of written
[Amdt. 193–2, 45 FR 70404, Oct. 23, 1980, as procedures to provide security for each
amended by Amdt. 193–18, 69 FR 11337, Mar. LNG plant. The procedures must be
10, 2004] available at the plant in accordance
with § 193.2017 and include at least:
§ 193.2719 Training: records. (a) A description and schedule of se-
(a) Each operator shall maintain a curity inspections and patrols per-
system of records which— formed in accordance with § 193.2913;
(1) Provide evidence that the training (b) A list of security personnel posi-
programs required by this subpart have tions or responsibilities utilized at the
been implemented; and LNG plant;
(2) Provide evidence that personnel (c) A brief description of the duties
have undergone and satisfactorily com- associated with each security per-
pleted the required training programs.
sonnel position or responsibility;
(b) Records must be maintained for
(d) Instructions for actions to be
one year after personnel are no longer
assigned duties at the LNG plant. taken, including notification of other
appropriate plant personnel and law
enforcement officials, when there is
Subpart I—Fire Protection any indication of an actual or at-
tempted breach of security;
SOURCE: Amdt. 193–2, 45 FR 70408, Oct. 23,
(e) Methods for determining which
1980, unless otherwise noted.
persons are allowed access to the LNG
§ 193.2801 Fire protection. plant;
Each operator must provide and (f) Positive identification of all per-
maintain fire protection at LNG plants sons entering the plant and on the
according to sections 9.1 through 9.7 plant, including methods at least as ef-
and section 9.9 of NFPA–59A–2001 (in- fective as picture badges; and
corporated by reference, see § 193.2013). (g) Liaison with local law enforce-
However, LNG plants existing on ment officials to keep them informed

March 31, 2000, need not comply with about current security procedures
provisions on emergency shutdown sys- under this section.
541
§ 193.2905 49 CFR Ch. I (10–1–15 Edition)
§ 193.2905 Protective enclosures. § 193.2909 Security communications.

(a) The following facilities must be A means must be provided for:
surrounded by a protective enclosure: (a) Prompt communications between
(1) Storage tanks; personnel having supervisory security
(2) Impounding systems; duties and law enforcement officials;
(3) Vapor barriers; and
(4) Cargo transfer systems; (b) Direct communications between
(5) Process, liquefaction, and vapor- all on-duty personnel having security
ization equipment; duties and all control rooms and con-
(6) Control rooms and stations; trol stations.
(7) Control systems;
(8) Fire control equipment; § 193.2911 Security lighting.
(9) Security communications sys- Where security warning systems are
tems; and not provided for security monitoring
(10) Alternative power sources. under § 193.2913, the area around the fa-
The protective enclosure may be one or cilities listed under § 193.2905(a) and
more separate enclosures surrounding each protective enclosure must be illu-
a single facility or multiple facilities. minated with a minimum in service
(b) Ground elevations outside a pro- lighting intensity of not less than 2.2
tective enclosure must be graded in a lux (0.2 ftc) between sunset and sunrise.
manner that does not impair the effec-
§ 193.2913 Security monitoring.
tiveness of the enclosure.
(c) Protective enclosures may not be Each protective enclosure and the
located near features outside of the fa- area around each facility listed in
cility, such as trees, poles, or build- § 193.2905(a) must be monitored for the
ings, which could be used to breach the presence of unauthorized persons. Mon-
security. itoring must be by visual observation
(d) At least two accesses must be pro- in accordance with the schedule in the
vided in each protective enclosure and security procedures under § 193.2903(a)
be located to minimize the escape dis- or by security warning systems that
tance in the event of emergency. continuously transmit data to an at-
(e) Each access must be locked unless tended location. At an LNG plant with
it is continuously guarded. During nor- less than 40,000 m3 (250,000 bbl) of stor-
mal operations, an access may be un- age capacity, only the protective en-
locked only by persons designated in closure must be monitored.
writing by the operator. During an
emergency, a means must be readily § 193.2915 Alternative power sources.
available to all facility personnel with- An alternative source of power that
in the protective enclosure to open meets the requirements of § 193.2445
each access. must be provided for security lighting
§ 193.2907 Protective enclosure con- and security monitoring and warning
struction. systems required under §§ 193.2911 and
193.2913.
(a) Each protective enclosure must
have sufficient strength and configura- § 193.2917 Warning signs.
tion to obstruct unauthorized access to
the facilities enclosed. (a) Warning signs must be conspicu-
(b) Openings in or under protective ously placed along each protective en-
enclosures must be secured by grates, closure at intervals so that at least one
doors or covers of construction and fas- sign is recognizable at night from a dis-
tening of sufficient strength such that tance of 30m (100 ft.) from any way that
the integrity of the protective enclo- could reasonably be used to approach
sure is not reduced by any opening. the enclosure.
(b) Signs must be marked with at
[Amdt. 193–2, 45 FR 70409, Oct. 23, 1980, as least the following on a background of
3, 1996; 61 FR 45905, Aug. 30, 1996] sharply contrasting color:
542
The words ‘‘NO TRESPASSING,’’ or § 194.5 Definitions.

words of comparable meaning.
Adverse weather means the weather
[Amdt. 193–2, 45 FR 70409, Oct. 23, 1980, as conditions that the operator will con-
amended at 47 FR 32720, July 29, 1982] sider when identifying response sys-
tems and equipment to be deployed in
PART 194—RESPONSE PLANS FOR accordance with a response plan. Fac-
ONSHORE OIL PIPELINES tors to consider include ice conditions,
temperature ranges, weather-related
Subpart A—General visibility, significant wave height as
specified in 33 CFR Part 154, Appendix
Sec. C, Table 1, and currents within the
194.1 Purpose. areas in which those systems or equip-
194.3 Applicability. ment are intended to function.
194.5 Definitions. Barrel means 42 United States gallons
194.7 Operating restrictions and interim op- (159 liters) at 60 °Fahrenheit (15.6
erating authorization.
°Celsius).
Subpart B—Response Plans Breakout tank means a tank used to:
(1) Relieve surges in an oil pipeline
194.101 Operators required to submit plans. system or
194.103 Significant and substantial harm; (2) Receive and store oil transported
operator’s statement. by a pipeline for reinjection and con-
194.105 Worst case discharge. tinued transportation by pipeline.
194.107 General response plan requirements.
Contract or other approved means is:
194.109 Submission of state response plans.
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
and equipment to be available within
Subpart A—General stipulated response times for a speci-
fied geographic area.
§ 194.1 Purpose.
Environmentally sensitive area means
This part contains requirements for an area of environmental importance
oil spill response plans to reduce the which is in or adjacent to navigable
environmental impact of oil discharged waters.
from onshore oil pipelines. High volume area means an area
which an oil pipeline having a nominal
§ 194.3 Applicability. outside diameter of 20 inches (508 milli-
This part applies to an operator of an meters) or more crosses a major river
onshore oil pipeline that, because of its or other navigable waters, which, be-
location, could reasonably be expected cause of the velocity of the river flow
to cause substantial harm, or signifi- and vessel traffic on the river, would
cant and substantial harm to the envi- require a more rapid response in case of
ronment by discharging oil into or on a worst case discharge or substantial

any navigable waters of the United threat of such a discharge. Appendix B
States or adjoining shorelines. to this part contains a list of some of
543
§ 194.5 49 CFR Ch. I (10–1–15 Edition)
the high volume areas in the United Pipeline means all parts of an onshore
States. pipeline facility through which oil
Line section means a continuous run moves including, but not limited to,
of pipe that is contained between adja- line pipe, valves, and other appur-
cent pressure pump stations, between a tenances connected to line pipe, pump-
pressure pump station and a terminal ing units, fabricated assemblies associ-
or breakout tank, between a pressure ated with pumping units, metering and
pump station and a block valve, or be- delivery stations and fabricated assem-
tween adjacent block valves. blies therein, and breakout tanks.
Major river means a river that, be- Qualified individual means an
cause of its velocity and vessel traffic, English-speaking representative of an
would require a more rapid response in operator, located in the United States,
case of a worst case discharge. For a available on a 24-hour basis, with full
list of rivers see ‘‘Rolling Rivers, An En- authority to: activate and contract
cyclopedia of America’s Rivers,’’ Richard with required oil spill removal organi-
A. Bartlett, Editor, McGraw-Hill Book zation(s); activate personnel and equip-
Company, 1984. ment maintained by the operator; act
Maximum extent practicable means the as liaison with the OSC; and obligate
limits of available technology and the any funds required to carry out all re-
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-
sources. tions, for which the operator must plan
On-Scene Coordinator (OSC) means the for the deployment of, and provide,
federal official designated by the Ad- spill response capabilities. The size of
ministrator of the EPA or by the Com- the zone is determined by the operator
mandant of the USCG to coordinate after considering available capability,
and direct federal response under sub- resources, and geographic characteris-
part D of the National Contingency tics.
Plan (40 CFR part 300). Specified minimum yield strength
Onshore oil pipeline facilities means means the minimum yield strength, ex-
new and existing pipe, rights-of-way pressed in pounds per square inch, pre-
and any equipment, facility, or build- scribed by the specification under
ing used in the transportation of oil lo- which the material is purchased from
cated in, on, or under, any land within the manufacturer.
the United States other than sub- Stress level means the level of tangen-
merged land. tial or hoop stress, usually expressed as

Operator means a person who owns or a percentage of specified minimum
operates onshore oil pipeline facilities. yield strength.
544
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,
(iii) A pipeline containing any elec-
§ 194.7 Operating restrictions and in-
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
plans. (168 millimeters) or less in outside
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-
ator of a pipeline in paragraph (b) to versely affect, within 4 hours after the
submit a response plan, each operator initiation of the discharge, any navi-
of an onshore pipeline facility shall gable waters, public drinking water in-
prepare and submit a response plan to
take, or environmentally sensitive
PHMSA as provided in § 194.119. A pipe-
areas.
line which does not meet the criteria
for significant and substantial harm as [58 FR 253, Jan. 5, 1993, as amended by Amdt.
defined in § 194.103(c) and is not eligible 194–3, 63 FR 37505, July 13, 1998; Amdt. 194–4,
for an exception under § 194.101(b), can 70 FR 8747, Feb. 23, 2005; 70 FR 11140, Mar. 8,
be expected to cause substantial harm. 2005]
Operators of substantial harm pipeline
facilities must prepare and submit § 194.103 Significant and substantial
harm; operator’s statement.
plans to PHMSA for review.
(b) Exception. An operator need not (a) Each operator shall submit a
submit a response plan for: statement with its response plan, as re-
(1) A pipeline that is 65⁄8 inches (168 quired by §§ 194.107 and 194.113, identi-
millimeters) or less in outside nominal fying which line sections in a response
545
§ 194.105 49 CFR Ch. I (10–1–15 Edition)
zone can be expected to cause signifi- could reasonably be expected to reach

cant and substantial harm to the envi- these areas.
ronment in the event of a discharge of [58 FR 253, Jan. 5, 1993, as amended by Amdt.
oil into or on the navigable waters or 194–3, 63 FR 37505, July 13, 1998]
adjoining shorelines.
(b) If an operator expects a line sec- § 194.105 Worst case discharge.
tion in a response zone to cause signifi- (a) Each operator shall determine the
cant and substantial harm, then the worst case discharge for each of its re-
entire response zone must, for the pur- sponse zones and provide the method-
pose of response plan review and ap- ology, including calculations, used to
proval, be treated as if it is expected to arrive at the volume.
cause significant and substantial harm. (b) The worst case discharge is the
However, an operator will not have to largest volume, in barrels (cubic me-
submit separate plans for each line sec- ters), of the following:
tion. (1) The pipeline’s maximum release
(c) A line section can be expected to time in hours, plus the maximum shut-
cause significant and substantial harm down response time in hours (based on
to the environment in the event of a historic discharge data or in the ab-
discharge of oil into or on the navi- sence of such historic data, the opera-
gable waters or adjoining shorelines if; tor’s best estimate), multiplied by the
the pipeline is greater than 65⁄8 inches maximum flow rate expressed in bar-
(168 millimeters) in outside nominal di- rels per hour (based on the maximum
ameter, greater than 10 miles (16 kilo- daily capacity of the pipeline), plus the
meters) in length, and the line sec- largest line drainage volume after
tion— shutdown of the line section(s) in the
(1) Has experienced a release greater response zone expressed in barrels
than 1,000 barrels (159 cubic meters) (cubic meters); or
within the previous five years, (2) The largest foreseeable discharge
(2) Has experienced two or more re- for the line section(s) within a response
portable releases, as defined in § 195.50, zone, expressed in barrels (cubic me-
within the previous five years, ters), based on the maximum historic
(3) Containing any electric resistance discharge, if one exists, adjusted for
welded pipe, manufactured prior to any subsequent corrective or preven-
1970, operates at a maximum operating tive action taken; or
pressure established under § 195.406 that (3) If the response zone contains one
corresponds to a stress level greater or more breakout tanks, the capacity
than 50 percent of the specified min- of the single largest tank or battery of
imum yield strength of the pipe, tanks within a single secondary con-
(4) Is located within a 5 mile (8 kilo- tainment system, adjusted for the ca-
meter) radius of potentially affected pacity or size of the secondary contain-
public drinking water intakes and ment system, expressed in barrels
could reasonably be expected to reach (cubic meters).
public drinking water intakes, or (4) Operators may claim prevention
(5) Is located within a 1 mile (1.6 kilo- credits for breakout tank secondary
meter) radius of potentially affected containment and other specific spill
environmentally sensitive areas, and prevention measures as follows:
Credit
Prevention measure Standard (percent)
Secondary containment >100% ................................................................................................ NFPA 30 .............. 50

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
546
[58 FR 253, Jan. 5, 1993, as amended by Amdt. and in mitigating or preventing a sub-
194–3, 63 FR 37505, July 13, 1998; Amdt. 194–4, stantial threat of a discharge; and
70 FR 8747, Feb. 23, 2005; Amdt. 194–5, 70 FR (iv) Establish the procedures for ob-
35042, June 16, 2005]
taining an expedited decision on use of
§ 194.107 General response plan re- dispersants or other chemicals.
quirements. (c) Each response plan must include:
(1) A core plan consisting of—
(a) Each response plan must include
(i) An information summary as re-
procedures and a list of resources for
responding, to the maximum extent quired in § 194.113,
practicable, to a worst case discharge (ii) Immediate notification proce-
and to a substantial threat of such a dures,
discharge. The ‘‘substantial threat’’ (iii) Spill detection and mitigation
term is equivalent to abnormal oper- procedures,
ations outlined in 49 CFR 195.402(d). To (iv) The name, address, and telephone
comply with this requirement, an oper- number of the oil spill response organi-
ator can incorporate by reference into zation, if appropriate,
the response plan the appropriate pro- (v) Response activities and response
cedures from its manual for operations, resources,
maintenance, and emergencies, which (vi) Names and telephone numbers of
is prepared in compliance with 49 CFR Federal, State and local agencies
195.402. which the operator expects to have pol-
(b) An operator must certify in the lution control responsibilities or sup-
response plan that it reviewed the NCP port,
and each applicable ACP and that its (vii) Training procedures,
response plan is consistent with the (viii) Equipment testing,
NCP and each applicable ACP as fol- (ix) Drill program—an operator will
lows: satisfy the requirement for a drill pro-
(1) As a minimum to be consistent gram by following the National Pre-
with the NCP a facility response plan paredness for Response Exercise Pro-
must: gram (PREP) guidelines. An operator
(i) Demonstrate an operator’s clear choosing not to follow PREP guidelines
understanding of the function of the must have a drill program that is
Federal response structure, including equivalent to PREP. The operator
procedures to notify the National Re- must describe the drill program in the
sponse Center reflecting the relation- response plan and OPS will determine
ship between the operator’s response if the program is equivalent to PREP.
organization’s role and the Federal On (x) Plan review and update proce-
Scene Coordinator’s role in pollution dures;
response; (2) An appendix for each response
(ii) Establish provisions to ensure the zone that includes the information re-
protection of safety at the response quired in paragraph (c)(1)(i)–(ix) of this
site; and section and the worst case discharge
(iii) Identify the procedures to obtain calculations that are specific to that
any required Federal and State permis- response zone. An operator submitting
sions for using alternative response a response plan for a single response
strategies such as in-situ burning and zone does not need to have a core plan
dispersants as provided for in the appli- and a response zone appendix. The op-
cable ACPs; and erator of a single response zone on-
(2) As a minimum, to be consistent shore pipeline shall have a single sum-
with the applicable ACP the plan must: mary in the plan that contains the re-
(i) Address the removal of a worst quired information in § 194.113.7; and
case discharge and the mitigation or (3) A description of the operator’s re-
prevention of a substantial threat of a sponse management system including
worst case discharge; the functional areas of finance, logis-
(ii) Identify environmentally and tics, operations, planning, and com-
economically sensitive areas; mand. The plan must demonstrate that
(iii) Describe the responsibilities of the operator’s response management

the operator and of Federal, State and system uses common terminology and
local agencies in removing a discharge has a manageable span of control, a
547
§ 194.109 49 CFR Ch. I (10–1–15 Edition)
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
approved means the necessary private worst case discharge.
personnel and equipment to respond to [58 FR 253, Jan. 5, 1993, as amended by Amdt.
a worst case discharge or a substantial 194–4, 70 FR 8748, Feb. 23, 2005]
threat of such a discharge.
§ 194.115 Response resources.
194–4, 70 FR 8748, Feb. 23, 2005] (a) Each operator shall identify and
ensure, by contract or other approved
§ 194.111 Response plan retention. means, the resources necessary to re-
(a) Each operator shall maintain rel- move, to the maximum extent prac-
evant portions of its response plan at ticable, a worst case discharge and to
the operator’s headquarters and at mitigate or prevent a substantial
other locations from which response threat of a worst case discharge.
activities may be conducted, for exam- (b) An operator shall identify in the
ple, in field offices, supervisors’ vehi- response plan the response resources
cles, or spill response trailers. which are available to respond within
(b) Each operator shall provide a the time specified, after discovery of a
copy of its response plan to each quali- worst case discharge, or to mitigate
fied individual. the substantial threat of such a dis-
[58 FR 253, Jan. 5, 1993, as amended by Amdt. charge, as follows:
194–4, 70 FR 8748, Feb. 23, 2005]
Tier 1 Tier 2 Tier 3
§ 194.113 Information summary. High volume area ...... 6 hrs ........ 30 hrs ...... 54 hrs.
(a) The information summary for the All other areas ........... 12 hrs ...... 36 hrs ...... 60 hrs.
core plan, required by § 194.107, must in-
clude: § 194.117 Training.
(1) The name and address of the oper-
ator; and (a) Each operator shall conduct
(2) For each response zone which con- training to ensure that:
tains one or more line sections that (1) All personnel know—
meet the criteria for determining sig- (i) Their responsibilities under the
nificant and substantial harm as de- response plan,
scribed in § 194.103, a listing and de- (ii) The name and address of, and the
scription of the response zones, includ- procedure for contacting, the operator
ing county(s) and state(s). on a 24-hour basis, and
548
(iii) The name of, and procedures for Materials Safety Administration, De-
contacting, the qualified individual on partment of Transportation, PHP 80,
a 24-hour basis; 1200 New Jersey Avenue, SE., Wash-
(2) Reporting personnel know— ington, DC 20590–0001. Note: Submission
(i) The content of the information of plans in electronic format is pre-
summary of the response plan, ferred.
(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
mined by the operator. worst case discharge.
(c) Nothing in this section relieves an (e) If OPS has not approved a re-
operator from the responsibility to en- sponse plan for a pipeline described in
sure that all response personnel are § 194.103(c), the operator may submit a
trained to meet the Occupational Safe- certification to OPS that the operator
ty and Health Administration (OSHA) has obtained, through contract or
standards for emergency response oper- other approved means, the necessary
ations in 29 CFR 1910.120, including vol- personnel and equipment to respond, to
unteers or casual laborers employed the maximum extent practicable, to a
during a response who are subject to worst case discharge or a substantial
those standards pursuant to 40 CFR threat of such a discharge. The certifi-
part 311. cate must be signed by the qualified in-
dividual or an appropriate corporate of-
§ 194.119 Submission and approval ficer.
procedures. (f) If OPS receives a request from a
(a) Each operator shall submit two FOSC to review a response plan, OPS
copies of the response plan required by may require an operator to give a copy
this part. Copies of the response plan of the response plan to the FOSC. OPS
shall be submitted to: Office of Pipe- may consider FOSC comments on re-
line Safety, Pipeline and Hazardous sponse techniques, protecting fish,
549
§ 194.121 49 CFR Ch. I (10–1–15 Edition)
wildlife and sensitive environments, (8) Any other information relating to

and on consistency with the ACP. OPS circumstances that may affect full im-
remains the approving authority for plementation of the plan.
the response plan. (c) If PHMSA determines that a
change to a response plan does not
meet the requirements of this part,
194–4, 70 FR 8748, Feb. 23, 2005; 70 FR 1140,
Mar. 8, 2005; 73 FR 16570, Mar. 28, 2008; 74 FR PHMSA will notify the operator of any
2894, Jan. 16, 2009] alleged deficiencies, and provide the
operator an opportunity to respond, in-
§ 194.121 Response plan review and cluding an opportunity for an informal
update procedures. conference, to any proposed plan revi-
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
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
This appendix provides a recommended for-
changes in operating conditions that mat for the preparation and submission of
would cause a significant change to an 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
plans, their use is not mandatory:
previously approved plan; (1) The ‘‘National Preparedness for Re-
(2) Relocation or replacement of the sponse Exercise Program (PREP) Guide-
pipeline in a way that substantially af- lines’’ (PREP), which can be found using the
fects the information included in the search function on the USCG’s PREP Web
response plan, such as a change to the page, http://www.uscg.mil;
worst case discharge volume; (2) The National Response Team’s ‘‘Inte-
grated Contingency Plan Guidance,’’ which
(3) The type of oil transported, if the
can be found using the search function at the
type affects the required response re- National Response Center’s Web site, http://
sources, such as a change from crude www.nrt.org and;
oil to gasoline; (3) 33 CFR Part 154, Appendix C, ‘‘Guide-
(4) The name of the oil spill removal lines for Determining and Evaluating Re-
organization; quired Response Resources for Facility Re-
(5) Emergency response procedures; sponse Plans.’’
(6) The qualified individual; Response Plan: Section 1. Information Summary
(7) A change in the NCP or an ACP Section 1 would include the following:
that has significant impact on the (a) For the core plan:
equipment appropriate for response ac- (1) The name and address of the operator;
tivities; and and
550
Pipeline and Hazardous Materials Safety Administration, DOT Pt. 194, App. A
(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-
Section 3 would include the following:
stantial harm as described in § 194.103, a list-
(a) Methods of initial discharge detection;
ing and description of the response zones, in- (b) Procedures, listed in the order of pri-
cluding county(s) and state(s). ority, that personnel are required to follow
(b) For each response zone appendix: in responding to a pipeline emergency to
(1) The information summary for the core mitigate or prevent any discharge from the
plan; pipeline;
(2) The name and telephone number of the (c) A list of equipment that may be needed
qualified individual, available on a 24-hour 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
supervise response actions pending the ar-
Response Plan: Section 2. Notification
rival of the qualified individual or other re-
Procedures
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
cating whether notification is to be per- to the maximum extent practicable; and
formed by operating personnel or other per- (e) For each organization identified under
sonnel; paragraph (d) of this section, a listing of:
(d) Procedures for notifying qualified indi- (1) Equipment and supplies available; and
viduals; (2) Trained personnel necessary to con-
(e) The primary and secondary commu- tinue operation of the equipment and staff
nication methods by which notifications can the oil spill removal organization for the
be made; and first 7 days of the response.
(f) The information to be provided in the
initial and each follow-up notification, in- Response Plan: Section 5. List of Contacts
cluding the following: Section 5 would include the names and ad-
(1) Name of pipeline; dresses of the following individuals or orga-
(2) Time of discharge; nizations, with telephone numbers at which
(3) Location of discharge; they can be contacted on a 24-hour basis:
(4) Name of oil involved; (a) A list of persons the plan requires the
(5) Reason for discharge (e.g., material fail- operator to contact;
ure, excavation damage, corrosion); (b) Qualified individuals for the operator’s
(6) Estimated volume of oil discharged; areas of operation;
(7) Weather conditions on scene; and (c) Applicable insurance representatives or

(8) Actions taken or planned by persons on surveyors for the operator’s areas of oper-
scene. ation; and
551
(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.
the following information: Catawba River ....................... Mount Holly, NC.
(a) The name and telephone number of the Chattahoochee River ............. Sandy Springs, GA.
qualified individual; Colorado River ....................... Yuma, AZ.
Colorado River ....................... LaPaz, AZ.
(b) Notification procedures; Connecticut River .................. Lancaster, NH.
(c) Spill detection and mitigation proce- Coosa River ........................... Vincent, AL.
dures; Cumberland River .................. Clarksville, TN.
(d) Name, address, and telephone number Delaware River ...................... Frenchtown, NJ.
of oil spill response organization; Delaware River ...................... Lower Chichester, NJ.
(e) Response activities and response re- Gila River ............................... Gila Bend, AZ.
sources including— Grand River ........................... Bosworth, MO.
Illinois River ........................... Chillicothe, IL.
(1) Equipment and supplies necessary to Illinois River ........................... Havanna, IL.
meet § 194.115, and James River ........................... Arvonia, VA.
(2) The trained personnel necessary to sus- Kankakee River ..................... Kankakee, IL.
tain operation of the equipment and to staff Kankakee River ..................... South Bend, IN.
the oil spill removal organization and spill Kankakee River ..................... Wilmington, IL.
management team for the first 7 days of the Kentucky River ...................... Salvisa, KY.
Kentucky River ...................... Worthville, KY.
response;
Maumee River ....................... Defiance, OH.
(f) Names and telephone numbers of Fed- Maumee River ....................... Toledo, OH.
eral, state and local agencies which the oper- Mississippi River .................... Myrtle Grove, LA.
ator expects to assume pollution response re- Mississippi River .................... Woodriver, IL.
sponsibilities; Mississippi River .................... Chester, IL.
552
Major rivers Nearest town and state 195.4 Compatibility necessary for transpor-
tation of hazardous liquids or carbon di-
Mississippi River .................... Cape Girardeau, MO. oxide.
Mississippi River .................... Woodriver, IL. 195.5 Conversion to service subject to this
Mississippi River .................... St. James, LA.
part.
Mississippi River .................... New Roads, LA.
Mississippi River .................... Ball Club, MN.
195.6 Unusually Sensitive Areas (USAs).
Mississippi River .................... Mayersville, MS. 195.8 Transportation of hazardous liquid or
Mississippi River .................... New Roads, LA. carbon dioxide in pipelines constructed
Mississippi River .................... Quincy, IL. with other than steel pipe.
Mississippi River .................... Ft. Madison, IA. 195.9 Outer continental shelf pipelines.
Missouri River ........................ Waverly, MO. 195.10 Responsibility of operator for compli-
Missouri River ........................ St. Joseph, MO. ance with this part.
Missouri River ........................ Weldon Springs, MO. 195.11 What is a regulated rural gathering
Missouri River ........................ New Frankfort, MO.
line and what requirements apply?
Naches River ......................... Beaumont, TX.
Ohio River .............................. Joppa, IL.
195.12 What requirements apply to low-
Ohio River .............................. Cincinnati, OH. stress pipelines in rural areas?
Ohio River .............................. Owensboro, KY.
Pascagoula River .................. Lucedale, MS. Subpart B—Annual, Accident, and Safety-
Pascagoula River .................. Wiggins, MS. Related Condition Reporting
Pearl River ............................. Columbia, MS.
Pearl River ............................. Oria, TX. 195.48 Scope.
Platte River ............................ Ogaliala, NE. 195.49 Annual report.
Potomac River ....................... Reston, VA. 195.50 Reporting accidents.
Rappahannock River ............. Midland, VA. 195.52 Immediate notice of certain acci-
Raritan River .......................... South Bound Brook, NJ.
Raritan River .......................... Highland Park, NJ.
dents.
Red River (of the South) ....... Hanna, LA. 195.54 Accident reports.
Red River (of the South) ....... Bonham, TX. 195.55 Reporting safety-related conditions.
Red River (of the South) ....... Dekalb, TX. 195.56 Filing safety-related condition re-
Red River (of the South) ....... Sentell Plantation, LA. ports.
Red River (of the North) ........ Wahpeton, ND. 195.58 Report submission requirements.
Rio Grande ............................ Anthony, NM. 195.59 Abandonment or deactivation of fa-
Sabine River .......................... Edgewood, TX. cilities.
Sabine River .......................... Leesville, LA. 195.60 Operator assistance in investigation.
Sabine River .......................... Orange, TX.
195.61 National pipeline mapping system.
Sabine River .......................... Echo, TX.
Savannah River ..................... Hartwell, GA. 195.63 OMB control number assigned to in-
Smokey Hill River .................. Abilene, KS. formation collection.
Susquehanna River ............... Darlington, MD. 195.64 National Registry of Pipeline and
Tenessee River ..................... New Johnsonville, TN. LNG operators.
Wabash River ........................ Harmony, IN.
Wabash River ........................ Terre Haute, IN. Subpart C—Design Requirements
Wabash River ........................ Mt. Carmel, IL.
White River ............................ Batesville, AR. 195.100 Scope.
White River ............................ Grand Glaise, AR. 195.101 Qualifying metallic components
Wisconsin River ..................... Wisconsin Rapids, WI. other than pipe.
Yukon River ........................... Fairbanks, AK.
195.102 Design temperature.
195.104 Variations in pressure.
Other Navigable Waters 195.106 Internal design pressure.
195.108 External pressure.
Arthur Kill Channel, NY
195.110 External loads.
Cook Inlet, AK 195.111 Fracture propagation.
Freeport, TX 195.112 New pipe.
Los Angeles/Long Beach Harbor, CA 195.114 Used pipe.
Port Lavaca, TX 195.116 Valves.
San Fransico/San Pablo Bay, CA 195.118 Fittings.
195.120 Passage of internal inspection de-
PART 195—TRANSPORTATION OF vices.
195.122 Fabricated branch connections.
HAZARDOUS LIQUIDS BY PIPELINE 195.124 Closures.
195.126 Flange connection.
Subpart A—General 195.128 Station piping.
195.130 Fabricated assemblies.
Sec. 195.132 Design and construction of above-
195.0 Scope. ground breakout tanks.
195.1 Which pipelines are covered by this 195.134 CPM leak detection.
part?
195.2 Definitions. Subpart D—Construction

195.3 What documents are incorporated by
reference partly or wholly in this part? 195.200 Scope.
553
195.202 Compliance with specifications or 195.412 Inspection of rights-of-way and
standards. crossings under navigable waters.
195.204 Inspection—general. 195.413 Underwater inspection and reburial
195.205 Repair, alteration and reconstruc- of pipelines in the Gulf of Mexico and its
tion of aboveground breakout tanks that inlets.
have been in service. 195.414–195.418 [Reserved]
195.206 Material inspection. 195.420 Valve maintenance.
195.207 Transportation of pipe. 195.422 Pipeline repairs.
195.208 Welding of supports and braces. 195.424 Pipe movement.
195.210 Pipeline location. 195.426 Scraper and sphere facilities.
195.212 Bending of pipe. 195.428 Overpressure safety devices and
195.214 Welding: General. overfill protection systems.
195.216 Welding: Miter joints. 195.430 Firefighting equipment.
195.222 Welders and welding operators: Qual- 195.432 Inspection of in-service breakout
ification of welders and welding opera- tanks.
tors. 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. 195.446 Control room management.
195.236–195.244 [Reserved]
HIGH CONSEQUENCE AREAS
195.246 Installation of pipe in a ditch.
195.248 Cover over buried pipeline. 195.450 Definitions.
195.250 Clearance between pipe and under-
ground structures. PIPELINE INTEGRITY MANAGEMENT
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
195.400 Scope. on breakout tanks?
195.401 General requirements. 195.567 Which pipelines must have test leads
195.402 Procedural manual for operations, and what must I do to install and main-
maintenance, and emergencies. tain the leads?
195.403 Emergency response training. 195.569 Do I have to examine exposed por-
195.404 Maps and records. tions of buried pipelines?
195.405 Protection against ignitions and safe 195.571 What criteria must I use to deter-
access/egress involving floating roofs. mine the adequacy of cathodic protec-
195.406 Maximum operating pressure. tion?

195.408 Communications. 195.573 What must I do to monitor external
195.410 Line markers. corrosion control?
554
195.575 Which facilities must I electrically (1) Any pipeline that transports a
isolate and what inspections, tests, and highly volatile liquid;
safeguards are required?
(2) Any pipeline segment that crosses
195.577 What must I do to alleviate inter-
ference currents?
a waterway currently used for commer-
195.579 What must I do to mitigate internal cial navigation;
corrosion? (3) Except for a gathering line not
195.581 Which pipelines must I protect covered by paragraph (a)(4) of this Sec-
against atmospheric corrosion and what tion, any pipeline located in a rural or
coating material may I use? non-rural area of any diameter regard-
195.583 What must I do to monitor atmos- less of operating pressure;
pheric corrosion control? (4) Any of the following onshore
195.585 What must I do to correct corroded
pipe?
gathering lines used for transportation
195.587 What methods are available to deter- of petroleum:
mine the strength of corroded pipe? (i) A pipeline located in a non-rural
195.588 What standards apply to direct as- area;
sessment? (ii) A regulated rural gathering line
195.589 What corrosion control information as provided in § 195.11; or
do I have to maintain? (iii) A pipeline located in an inlet of
APPENDIX A TO PART 195—DELINEATION BE- the Gulf of Mexico as provided in
TWEEN FEDERAL AND STATE JURISDIC- § 195.413.
TION—STATEMENT OF AGENCY POLICY AND
INTERPRETATION
(b) Excepted. This Part does not apply
APPENDIX B TO PART 195—RISK-BASED ALTER- to any of the following:
NATIVE TO PRESSURE TESTING OLDER HAZ- (1) Transportation of a hazardous liq-
ARDOUS LIQUID AND CARBON DIOXIDE PIPE- uid transported in a gaseous state;
LINES (2) Transportation of a hazardous liq-
APPENDIX C TO PART 195—GUIDANCE FOR IM- uid through a pipeline by gravity;
PLEMENTATION OF AN INTEGRITY MANAGE-
(3) Transportation of a hazardous liq-
MENT PROGRAM
uid through any of the following low-
AUTHORITY: 49 U.S.C. 5103, 60102, 60104, stress pipelines:
60108, 60109, 60116, 60118, 60132, 60137, and 49 (i) A pipeline subject to safety regu-
CFR 1.97. lations of the U.S. Coast Guard; or
SOURCE: Amdt. 195–22, 46 FR 38360, July 27, (ii) A pipeline that serves refining,
1981, unless otherwise noted. manufacturing, or truck, rail, or vessel
EDITORIAL NOTE: Nomenclature changes to terminal facilities, if the pipeline is
part 195 appear at 71 FR 33409, June 9, 2006. less than one mile long (measured out-
side facility grounds) and does not
Subpart A—General cross an offshore area or a waterway
currently used for commercial naviga-
§ 195.0 Scope. tion;
(4) Transportation of petroleum
This part prescribes safety standards
through an onshore rural gathering
and reporting requirements for pipeline
line that does not meet the definition
facilities used in the transportation of
of a ‘‘regulated rural gathering line’’ as
hazardous liquids or carbon dioxide.
provided in § 195.11. This exception does
[Amdt. 195–45, 56 FR 26925, June 12, 1991] not apply to gathering lines in the in-
lets of the Gulf of Mexico subject to
§ 195.1 Which pipelines are covered by § 195.413;
this Part? (5) Transportation of hazardous liq-
(a) Covered. Except for the pipelines uid or carbon dioxide in an offshore
listed in paragraph (b) of this Section, pipeline in state waters where the pipe-
this Part applies to pipeline facilities line is located upstream from the out-
and the transportation of hazardous let flange of the following farthest
liquids or carbon dioxide associated downstream facility: The facility
with those facilities in or affecting where hydrocarbons or carbon dioxide
interstate or foreign commerce, includ- are produced or the facility where pro-
ing pipeline facilities on the Outer duced hydrocarbons or carbon dioxide

Continental Shelf (OCS). Covered pipe- are first separated, dehydrated, or oth-
lines include, but are not limited to: erwise processed;
555
§ 195.2 49 CFR Ch. I (10–1–15 Edition)
(6) Transportation of hazardous liq- header or manifold from which a pipe-

uid or carbon dioxide in a pipeline on line branches to an injection well.
the OCS where the pipeline is located (c) Breakout tanks. Breakout tanks
upstream of the point at which oper- subject to this Part must comply with
ating responsibility transfers from a requirements that apply specifically to
producing operator to a transporting breakout tanks and, to the extent ap-
operator; plicable, with requirements that apply
(7) A pipeline segment upstream to pipeline systems and pipeline facili-
(generally seaward) of the last valve on ties. If a conflict exists between a re-
the last production facility on the OCS quirement that applies specifically to
where a pipeline on the OCS is pro- breakout tanks and a requirement that
ducer-operated and crosses into state applies to pipeline systems or pipeline
waters without first connecting to a facilities, the requirement that applies
transporting operator’s facility on the specifically to breakout tanks prevails.
OCS. Safety equipment protecting Anhydrous ammonia breakout tanks
PHMSA-regulated pipeline segments is need not comply with §§ 195.132(b),
not excluded. A producing operator of a 195.205(b), 195.242(c) and (d), 195.264(b)
segment falling within this exception and (e), 195.307, 195.428(c) and (d), and
may petition the Administrator, under 195.432(b) and (c).
§ 190.9 of this chapter, for approval to EDITORIAL NOTE: For FEDERAL REGISTER ci-
operate under PHMSA regulations gov- tations affecting § 195.1, see the List of CFR
erning pipeline design, construction, Sections Affected, which appears in the
operation, and maintenance; Finding Aids section of the printed volume
and at www.fdsys.gov.
(8) Transportation of hazardous liq-
uid or carbon dioxide through onshore § 195.2 Definitions.
production (including flow lines), refin-
ing, or manufacturing facilities or stor- As used in this part—
age or in-plant piping systems associ- Abandoned means permanently re-
ated with such facilities; moved from service.
Administrator means the Adminis-
(9) Transportation of hazardous liq-
uid or carbon dioxide:
rials Safety Administration or his or
(i) By vessel, aircraft, tank truck, her delegate.
tank car, or other non-pipeline mode of Alarm means an audible or visible
transportation; or means of indicating to the controller
(ii) Through facilities located on the that equipment or processes are out-
grounds of a materials transportation side operator-defined, safety-related
terminal if the facilities are used ex- parameters.
clusively to transfer hazardous liquid Barrel means a unit of measurement
or carbon dioxide between non-pipeline equal to 42 U.S. standard gallons.
modes of transportation or between a Breakout tank means a tank used to
non-pipeline mode and a pipeline. (a) relieve surges in a hazardous liquid
These facilities do not include any de- pipeline system or (b) receive and store
vice and associated piping that are nec- hazardous liquid transported by a pipe-
essary to control pressure in the pipeline for reinjection and continued
line under § 195.406(b); or transportation by pipeline.
(10) Transportation of carbon dioxide Carbon dioxide means a fluid con-
downstream from the applicable fol- sisting of more than 90 percent carbon
lowing point: dioxide molecules compressed to a
(i) The inlet of a compressor used in supercritical state.
the injection of carbon dioxide for oil Component means any part of a pipe-
recovery operations, or the point where line which may be subjected to pump
recycled carbon dioxide enters the in- pressure including, but not limited to,
jection system, whichever is farther pipe, valves, elbows, tees, flanges, and
upstream; or closures.
(ii) The connection of the first Computation Pipeline Monitoring
branch pipeline in the production field (CPM) means a software-based moni-

where the pipeline transports carbon toring tool that alerts the pipeline dis-
dioxide to an injection well or to a patcher of a possible pipeline operating
556
anomaly that may be indicative of a sure exceeding 276 kPa (40 psia) at 37.8
commodity release. °C (100 °F).
Control room means an operations In-plant piping system means piping
center staffed by personnel charged that is located on the grounds of a
with the responsibility for remotely plant and used to transfer hazardous
monitoring and controlling a pipeline liquid or carbon dioxide between plant
facility. facilities or between plant facilities
Controller means a qualified indi- and a pipeline or other mode of trans-
vidual who remotely monitors and con- portation, not including any device and
trols the safety-related operations of a associated piping that are necessary to
pipeline facility via a SCADA system control pressure in the pipeline under
from a control room, and who has oper- § 195.406(b).
ational authority and accountability Interstate pipeline means a pipeline or
for the remote operational functions of that part of a pipeline that is used in
the pipeline facility. the transportation of hazardous liquids
Corrosive product means ‘‘corrosive or carbon dioxide in interstate or for-
material’’ as defined by § 173.136 Class eign commerce.
8–Definitions of this chapter. Intrastate pipeline means a pipeline or
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, anhydrous ammo- 1301) and of which the subsoil and sea-
nia, or ethanol. 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,
557
§ 195.2 49 CFR Ch. I (10–1–15 Edition)
association, State, municipality, coop- Specified minimum yield strength

erative association, or joint stock asso- means the minimum yield strength, ex-
ciation, and includes any trustee, re- pressed in p.s.i. (kPa) gage, prescribed
ceiver, assignee, or personal represent- by the specification under which the
ative thereof. material is purchased from the manu-
Petroleum means crude oil, conden- facturer.
sate, natural gasoline, natural gas liq- Stress level means the level of tangen-
uids, and liquefied petroleum gas. tial or hoop stress, usually expressed as
Petroleum product means flammable, a percentage of specified minimum
toxic, or corrosive products obtained yield strength.
from distilling and processing of crude Supervisory Control and Data Acquisi-
oil, unfinished oils, natural gas liquids, tion (SCADA) system means a computer-
blend stocks and other miscellaneous based system or systems used by a con-
hydrocarbon compounds. troller in a control room that collects
Pipe or line pipe means a tube, usu- and displays information about a pipe-
ally cylindrical, through which a haz- line facility and may have the ability
ardous liquid or carbon dioxide flows to send commands back to the pipeline
from one point to another. facility.
Pipeline or pipeline system means all Surge pressure means pressure pro-
parts of a pipeline facility through
duced by a change in velocity of the
which a hazardous liquid or carbon di-
moving stream that results from shut-
oxide moves in transportation, includ-
ting down a pump station or pumping
ing, but not limited to, line pipe,
unit, closure of a valve, or any other
valves, and other appurtenances con-
nected to line pipe, pumping units, fab- blockage of the moving stream.
ricated assemblies associated with Toxic product means ‘‘poisonous ma-
pumping units, metering and delivery terial’’ as defined by § 173.132 Class 6,
stations and fabricated assemblies Division 6.1–Definitions of this chapter.
therein, and breakout tanks. Unusually Sensitive Area (USA) means
Pipeline facility means new and exist- a drinking water or ecological resource
ing pipe, rights-of-way and any equip- area that is unusually sensitive to en-
ment, facility, or building used in the vironmental damage from a hazardous
transportation of hazardous liquids or liquid pipeline release, as identified
carbon dioxide. under § 195.6.
Production facility means piping or Welder means a person who performs
equipment used in the production, ex- manual or semi-automatic welding.
traction, recovery, lifting, stabiliza- Welding operator means a person who
tion, separation or treating of petro- operates machine or automatic welding
leum or carbon dioxide, or associated equipment.
storage or measurement. (To be a pro-
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
duction facility under this definition,
FR 32721, July 29, 1982, as amended by Amdt.
piping or equipment must be used in 195–33, 50 FR 15898, Apr. 23, 1985; 50 FR 38660,
the process of extracting petroleum or Sept. 24, 1985; Amdt. 195–36, 51 FR 15007, Apr.
carbon dioxide from the ground or from 22, 1986; Amdt. 195–45, 56 FR 26925, June 12,
facilities where CO2 is produced, and 1991; Amdt. 195–47, 56 FR 63771, Dec. 5, 1991;
preparing it for transportation by pipe- Amdt. 195–50, 59 FR 17281, Apr. 12, 1994; Amdt.
line. This includes piping between 195–52, 59 FR 33395, 33396, June 28, 1994; Amdt.
treatment plants which extract carbon 195–53, 59 FR 35471, July 12, 1994; Amdt. 195–
dioxide, and facilities utilized for the 59, 62 FR 61695, Nov. 19, 1997; Amdt. 195–62, 63
injection of carbon dioxide for recovery FR 36376, July 6, 1998; Amdt. 195–63, 63 FR
operations.) 37506, July 13, 1998; Amdt. 195–69, 65 FR 54444,
Rural area means outside the limits Sept. 8, 2000; Amdt. 195–71, 65 FR 80544, Dec.
of any incorporated or unincorpated 21, 2000; 68 FR 11749, Mar. 12, 2003; Amdt. 195–
81, 69 FR 32896, June 14, 2004; Amdt. 195–82, 69
city, town, village, or any other des-
FR 48406, Aug. 10, 2004; 70 FR 11140, Mar. 8,
ignated residential or commercial area 2005; Amdt. 195–93, 74 FR 63328, Dec. 3, 2009; ;
such as a subdivision, a business or Amdt. 195–100, 80 FR 12779, Mar. 11, 2015]

shopping center, or community devel-
opment.
558
§ 195.3 What documents are incor- edition, March 12, 2012, (API RP 5LT),
porated by reference partly or IBR approved for § 195.207(c).
wholly in this part? (4) API Recommended Practice 5LW,
(a) This part prescribes standards, or ‘‘Recommended Practice Transpor-
portions thereof, incorporated by ref- tation of Line Pipe on Barges and Ma-
erence into this part with the approval rine Vessels,’’ 3rd edition, September
of the Director of the Federal Register 2009, (API RP 5LW), IBR approved for
in 5 U.S.C. 552(a) and 1 CFR part 51. § 195.207(b).
The materials listed in this section (5) ANSI/API Recommended Practice
have the full force of law. To enforce 651, ‘‘Cathodic Protection of Above-
any edition other than that specified in ground Petroleum Storage Tanks,’’ 3rd
this section, PHMSA must publish a edition, January 2007, (ANSI/API RP
notice of change in the FEDERAL REG- 651), IBR approved for §§ 195.565 and
ISTER. 195.573(d).
(1) Availability of standards incor- (6) ANSI/API Recommended Practice
porated by reference. All of the mate- 652, ‘‘Linings of Aboveground Petro-
rials incorporated by reference are leum Storage Tank Bottoms,’’ 3rd edi-
available for inspection from several tion, October 2005, (API RP 652), IBR
sources, including the following: approved for § 195.579(d).
(i) The Office of Pipeline Safety,
‘‘Computational Pipeline Monitoring
Pipeline and Hazardous Materials Safe-
for Liquids: Pipeline Segment,’’ 3rd
ty Administration, 1200 New Jersey Av-
edition, September 2007, (API RP 1130),
enue SE., Washington, DC 20590. For
IBR approved for §§ 195.134 and 195.444.
more information contact 202–366–4046
or go to the PHMSA Web site at: http://
‘‘Public Awareness Programs for Pipe-
www.phmsa.dot.gov/pipeline/regs.
line Operators,’’ 1st edition, December
(ii) The National Archives and 2003, (API RP 1162), IBR approved for
Records Administration (NARA). For § 195.440(a), (b), and (c).
information on the availability of this (9) API Recommended Practice 1165,
material at NARA, call 202–741–6030 or ‘‘Recommended Practice for Pipeline
go to the NARA Web site at: http:// SCADA Displays,’’ First edition, Janu-
www.archives.gov/federallregister/ ary 2007, (API RP 1165), IBR approved
codeloflfederallregulations/ for § 195.446(c).
ibrllocations.html. (10) API Recommended Practice 1168,
(iii) Copies of standards incorporated ‘‘Pipeline Control Room Management,’’
by reference in this part can also be First edition, September 2008, (API RP
purchased from the respective stand- 1168), IBR approved for § 195.446(c) and
ards-developing organization at the ad- (f).
dresses provided in the centralized IBR (11) API Recommended Practice 2003,
section below. ‘‘Protection against Ignitions Arising
(b) American Petroleum Institute out of Static, Lightning, and Stray
(API), 1220 L Street NW., Washington, Currents,’’ 7th edition, January 2008,
DC 20005, and phone: 202–682–8000, Web (API RP 2003), IBR approved for
site: http://api.org/. § 195.405(a).
(1) API Publication 2026, ‘‘Safe Ac- (12) API Recommended Practice 2350,
cess/Egress Involving Floating Roofs of ‘‘Overfill Protection for Storage Tanks
Storage Tanks in Petroleum Service,’’ in Petroleum Facilities,’’ 3rd edition,
2nd edition, April 1998 (reaffirmed June January 2005, (API RP 2350), IBR ap-
2006) (API Pub 2026), IBR approved for proved for § 195.428(c).
§ 195.405(b). (13) API Specification 5L, ‘‘Speci-
(2) API Recommended Practice 5L1, fication for Line Pipe,’’ 45th edition, ef-
‘‘Recommended Practice for Railroad fective July 1, 2013, (ANSI/API Spec
Transportation of Line Pipe,’’ 7th edi- 5L), IBR approved for § 195.106(b) and
tion, September 2009, (API RP 5L1), (e).
IBR approved for § 195.207(a). (14) ANSI/API Specification 6D,
(3) API Recommended Practice 5LT, ‘‘Specification for Pipeline Valves,’’

‘‘Recommended Practice for Truck 23rd edition, effective October 1, 2008,
Transportation of Line Pipe,’’ First (including Errata 1 (June 2008), Errata
559
§ 195.3 49 CFR Ch. I (10–1–15 Edition)
2 (November 2008), Errata 3 (February 8th edition, 2001, (API Std 2510), IBR
2009), Errata 4 (April 2010), Errata 5 approved for §§ 195.132(b), 195.205(b),
(November 2010), and Errata 6 (August 195.264 (b), (e); 195.307 (e), 195.428 (c);
2011); Addendum 1 (October 2009), Ad- and 195.432 (c).
dendum 2 (August 2011), and Addendum (c) ASME International (ASME), Two
3 (October 2012)); (ANSI/API Spec 6D), Park Avenue, New York, NY 10016, 800–
IBR approved for § 195.116(d). 843–2763 (U.S/Canada), Web site: http://
(15) API Specification 12F, ‘‘Speci- www.asme.org/.
fication for Shop Welded Tanks for (1) ASME/ANSI B16.9–2007, ‘‘Factory-
Storage of Production Liquids,’’ 12th Made Wrought Buttwelding Fittings,’’
edition, October 2008, effective April 1, December 7, 2007, (ASME/ANSI B16.9),
2009, (API Spec 12F), IBR approved for IBR approved for § 195.118(a).
§§ 195.132(b); 195.205(b); 195.264(b) and (e); (2) ASME/ANSI B31G–1991 (Re-
195.307(a); 195.565; 195.579(d). affirmed 2004), ‘‘Manual for Deter-
(16) API Standard 510, ‘‘Pressure Ves- mining the Remaining Strength of Cor-
sel Inspection Code: In-Service Inspec- roded Pipelines,’’ 2004, (ASME/ANSI
tion, Rating, Repair, and Alteration,’’ B31G), IBR approved for §§ 195.452(h);
9th edition, June 2006, (API Std 510), and 195.587.
IBR approved for §§ 195.205(b); 195.432(c).
(3) ASME/ANSI B31.4–2006, ‘‘Pipeline
(17) API Standard 620, ‘‘Design and
Transportation Systems for Liquid Hy-
Construction of Large, Welded, Low-
drocarbons and Other Liquids’’ October
Pressure Storage Tanks,’’ 11th edition
20, 2006, (ASME/ANSI B31.4), IBR ap-
February 2008 (including addendum 1
proved for §§ 195.110(a); 195.452(h).
(March 2009), addendum 2 (August 2010),
(4) ASME/ANSI B31.8–2007, ‘‘Gas
and addendum 3 (March 2012)), (API Std
Transmission and Distribution Piping
620), IBR approved for §§ 195.132(b);
Systems,’’ November 30, 2007, (ASME/
195.205(b); 195.264(b) and (e); 195.307(b);
ANSI B31.8), IBR approved for §§ 195.5(a)
195.565, 195.579(d).
and 195.406(a).
(18) API Standard 650, ‘‘Welded Steel
Tanks for Oil Storage,’’ 11th edition, (5) ASME Boiler & Pressure Vessel
June 2007, effective February 1, 2012, Code, Section VIII, Division 1, ‘‘Rules
(including addendum 1 (November 2008), for Construction of Pressure Vessels,’’
addendum 2 (November 2009), addendum 2007 edition, July 1, 2007, (ASME BPVC,
3 (August 2011), and errata (October Section VIII, Division 1), IBR approved
2011)), (API Std 650), IBR approved for for §§ 195.124 and 195.307(e).
§§ 195.132(b); 195.205(b); 195.264(b), (e); (6) ASME Boiler & Pressure Vessel
195.307(c) and (d); 195.565; 195.579(d). Code, Section VIII, Division 2, ‘‘Alter-
(19) API Standard 653, ‘‘Tank Inspec- nate Rules, Rules for Construction of
tion, Repair, Alteration, and Recon- Pressure Vessels,’’ 2007 edition, July 1,
struction,’’ 3rd edition, December 2001, 2007, (ASME BPVC, Section VIII, Divi-
(including addendum 1 (September sion 2), IBR approved for § 195.307(e).
2003), addendum 2 (November 2005), ad- (7) ASME Boiler & Pressure Vessel
dendum 3 (February 2008), and errata Code, Section IX: ‘‘Qualification
(April 2008)), (API Std 653), IBR ap- Standard for Welding and Brazing Pro-
proved for §§ 195.205(b), 195.307(d), and cedures, Welders, Brazers, and Welding
195.432(b). and Brazing Operators,’’ 2007 edition,
(20) API Standard 1104, ‘‘Welding of July 1, 2007, (ASME BPVC, Section IX),
Pipelines and Related Facilities,’’ 20th IBR approved for § 195.222(a).
edition, October 2005, (including errata/ (d) American Society for Testing and
addendum (July 2007) and errata 2 Materials (ASTM), 100 Barr Harbor
(2008), (API Std 1104)), IBR approved for Drive, P.O. Box C700, West
§§ 195.214(a), 195.222(a) and (b), 195.228(b). Conshohocken, PA 119428, phone: 610–
(21) ANSI/API Standard 2000, ‘‘Vent- 832–9585, Web site: http://www.astm.org/.
ing Atmospheric and Low-pressure (1) ASTM A53/A53M–10, ‘‘Standard
Storage Tanks,’’ 6th edition, November Specification for Pipe, Steel, Black and
2009, (ANSI/API Std 2000), IBR approved Hot-Dipped, Zinc-Coated, Welded and
for § 195.264(e). Seamless,’’ approved October 1, 2010,

(22) API Standard 2510, ‘‘Design and (ASTM A53/A53M), IBR approved for
Construction of LPG Installations,’’ § 195.106(e).
560
(2) ASTM A106/A106M–10, ‘‘Standard (2) ANSI/NACE SP0502–2010, Standard

Specification for Seamless Carbon Practice, ‘‘Pipeline External Corrosion
Steel Pipe for High-Temperature Serv- Direct Assessment Methodology,’’ June
ice,’’ approved April 1, 2010, (ASTM 24, 2010, (NACE SP0502), IBR approved
A106/A106M), IBR approved for for § 195.588(b).
§ 195.106(e). (g) National Fire Protection Associa-
(3) ASTM A333/A333M–11, ‘‘Standard tion (NFPA), 1 Batterymarch Park,
Specification for Seamless and Welded Quincy, MA 02169, phone: 617–984–7275,
Steel Pipe for Low-Temperature Serv- Web site: http://www.nfpa.org/.
ice,’’ approved April 1, 2011, (ASTM (1) NFPA–30 (2012), ‘‘Flammable and
A333/A333M), IBR approved for Combustible Liquids Code,’’ including
§ 195.106(e). Errata 30–12–1 (9/27/11), and Errata 30–
(4) ASTM A381–96 (Reapproved 2005), 12–2 (11/14/11), 2012 edition, copyright
‘‘Standard Specification for Metal-Arc 2011, (NFPA–30), IBR approved for
Welded Steel Pipe for Use with High- § 195.264(b).
Pressure Transmission Systems,’’ ap- (2) [Reserved]
proved October 1, 2005, (ASTM A381), (h) Pipeline Research Council Inter-
IBR approved for § 195.106(e). national, Inc. (PRCI), c/o Technical
(5) ASTM A671/A671M–10, ‘‘Standard Toolboxes, 3801 Kirby Drive, Suite 520,
Specification for Electric-Fusion-Weld- P.O. Box 980550, Houston, TX 77098,
ed Steel Pipe for Atmospheric and phone: 713–630–0505, toll free: 866–866–
Lower Temperatures,’’ approved April 6766, Web site: http://www.ttoolboxes.com/
1, 2010, (ASTM A671/A671M), IBR ap- .
proved for § 195.106(e). (1) AGA Pipeline Research Com-
(6) ASTM A672/A672M–09, ‘‘Standard mittee, Project PR–3–805 ‘‘A Modified
Specification for Electric-Fusion-Weld- Criterion for Evaluating the Remain-
ed Steel Pipe for High-Pressure Service ing Strength of Corroded Pipe,’’ De-
at Moderate Temperatures,’’ approved cember 22, 1989, (PR–3–805 (RSTRING)).
October 1, 2009, (ASTM A672/A672M), IBR approved for §§ 195.452(h); 195.587.
IBR approved for § 195.106(e). (2) [Reserved]
(7) ASTM A691/A691M–09, ‘‘Standard
[Amdt. 195–99, 80 FR 184, Jan. 5, 2015]
Specification for Carbon and Alloy
Steel Pipe, Electric-Fusion-Welded for § 195.4 Compatibility necessary for
High-Pressure Service at High Tem- transportation of hazardous liquids
peratures,’’ approved October 1, 2009, or carbon dioxide.
(ASTM A691), IBR approved for
§ 195.106(e). No person may transport any haz-
ardous liquid or carbon dioxide unless
(e) Manufacturers Standardization
the hazardous liquid or carbon dioxide
Society of the Valve and Fittings In-
is chemically compatible with both the
dustry, Inc. (MSS), 127 Park St. NE.,
pipeline, including all components, and
Vienna, VA 22180, phone: 703–281–6613,
any other commodity that it may come
Web site: http://www.mss-hq.org/.
into contact with while in the pipeline.
(1) MSS SP–75–2008 Standard Prac-
tice, ‘‘Specification for High-Test, [Amdt. 195–45, 56 FR 26925, June 12, 1991]
Wrought, Butt-Welding Fittings,’’ 2008
edition, (MSS SP 75), IBR approved for § 195.5 Conversion to service subject
§ 195.118(a). to this part.
(2) [Reserved] (a) A steel pipeline previously used in
(f) NACE International (NACE), 1440 service not subject to this part quali-
South Creek Drive, Houston, TX 77084, fies for use under this part if the oper-
phone: 281–228–6223 or 800–797–6223, Web ator prepares and follows a written
site: http://www.nace.org/Publications/. procedure to accomplish the following:
(1) NACE SP0169–2007, Standard Prac- (1) The design, construction, oper-
tice, ‘‘Control of External Corrosion on ation, and maintenance history of the
Underground or Submerged Metallic pipeline must be reviewed and, where
Piping Systems’’ reaffirmed March 15, sufficient historical records are not
2007, (NACE SP0169), IBR approved for available, appropriate tests must be
§§ 195.571 and 195.573(a). performed to determine if the pipeline
561
§ 195.6 49 CFR Ch. I (10–1–15 Edition)
is in satisfactory condition for safe op- (a) An USA drinking water resource
eration. If one or more of the variables is:
necessary to verify the design pressure (1) The water intake for a Commu-
under § 195.106 or to perform the testing nity Water System (CWS) or a Non-
under paragraph (a)(4) of this section is transient Non-community Water Sys-
unknown, the design pressure may be tem (NTNCWS) that obtains its water
verified and the maximum operating supply primarily from a surface water
pressure determined by— source and does not have an adequate
(i) Testing the pipeline in accordance alternative drinking water source;
with ASME/ANSI B31.8 (incorporated (2) The Source Water Protection Area
by reference, see § 195.3), Appendix N, to (SWPA) for a CWS or a NTNCWS that
produce a stress equal to the yield obtains its water supply from a Class I
strength; and or Class IIA aquifer and does not have
(ii) Applying, to not more than 80 an adequate alternative drinking water
percent of the first pressure that pro- source. Where a state has not yet iden-
duces a yielding, the design factor F in tified the SWPA, the Wellhead Protec-
§ 195.106(a) and the appropriate factors tion Area (WHPA) will be used until
in § 195.106(e). the state has identified the SWPA; or
(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
species, threatened or endangered spe-
(4) The pipeline must be tested in ac-
cies, depleted marine mammal species,
cordance with subpart E of this part to
or an imperiled ecological community
substantiate the maximum operating
where the species or community is
pressure permitted by § 195.406.
aquatic, aquatic dependent, or terres-
(b) A pipeline that qualifies for use
trial with a limited range; or
under this section need not comply
(5) An area containing an imperiled
with the corrosion control require-
species, threatened or endangered spe-
ments of subpart H of this part until 12
cies, depleted marine mammal species,
months after it is placed into service,
or imperiled ecological community
notwithstanding any previous dead-
where the species or community occur-
lines for compliance.
rence is considered to be one of the
(c) Each operator must keep for the most viable, highest quality, or in the
life of the pipeline a record of the in- best condition, as identified by an ele-
vestigations, tests, repairs, replacement occurrence ranking (EORANK) of
ments, and alterations made under the A (excellent quality) or B (good qual-
requirements of paragraph (a) of this ity).
section. (c) As used in this part—
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as Adequate Alternative Drinking Water
amended by Amdt. 195–52, 59 FR 33396, June Source means a source of water that
28, 1994; Amdt. 195–173, 66 FR 67004, Dec. 27, currently exists, can be used almost
2001; Amdt. 195–99, 80 FR 184, Jan. 5, 2015] immediately with a minimal amount of
effort and cost, involves no decline in
§ 195.6 Unusually Sensitive Areas water quality, and will meet the con-
(USAs). sumptive, hygiene, and fire fighting re-
As used in this part, a USA means a quirements of the existing population
drinking water or ecological resource of impacted customers for at least one
area that is unusually sensitive to en- month for a surface water source of
vironmental damage from a hazardous water and at least six months for a
liquid pipeline release. groundwater source.
562
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,
in the Tertiary age rocks that are ex- Pinnipedia, and Cetacea), or primarily
563
§ 195.6 49 CFR Ch. I (10–1–15 Edition)
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,
critical wetland areas that support mi-
condition, and landscape context.
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
vertebrate populations.
Public Water System (PWS) means a

system that provides the public water Terrestrial ecological community with a
for human consumption through pipes limited range means a non-aquatic or
564
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
Transient Non-community Water System hazardous, he will, within 90 days after
(TNCWS) means a public water system receipt of the notice, order the person
that does not regularly serve at least that gave the notice, in writing, not to
25 of the same persons over six months transport the hazardous liquid or car-
per year. This type of water system bon dioxide in the proposed manner
serves a transient population found at until further notice.
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
[Amdt. 195–71, 65 FR 80544, Dec. 21, 2000] the Regional Director and the MMS
565
§ 195.10 49 CFR Ch. I (10–1–15 Edition)
Regional Supervisor will make a joint initially test the pipeline in compli-
determination of the transfer point. ance with this part, unless the pipeline
[Amdt. 195–59, 62 FR 61695, Nov. 19, 1997, as
is converted under § 195.5.
amended at 70 FR 11140, Mar. 8, 2005] (3) For non-steel pipelines con-
structed after July 3, 2009, notify the
§ 195.10 Responsibility of operator for Administrator according to § 195.8.
compliance with this part. (4) Beginning no later than January
An operator may make arrangements 3, 2009, comply with the reporting re-
with another person for the perform- quirements in subpart B of this part.
ance of any action required by this (5) Establish the maximum operating
part. However, the operator is not pressure of the pipeline according to
thereby relieved from the responsi- § 195.406 before transportation begins,
bility for compliance with any require- or if the pipeline exists on July 3, 2008,
ment of this part. before July 3, 2009.
(6) Install line markers according to
§ 195.11 What is a regulated rural
gathering line and what require- § 195.410 before transportation begins,
ments apply? or if the pipeline exists on July 3, 2008,
before July 3, 2009. Continue to main-
Each operator of a regulated rural tain line markers in compliance with
gathering line, as defined in paragraph § 195.410.
(a) of this section, must comply with
(7) Establish a continuing public edu-
the safety requirements described in
cation program in compliance with
paragraph (b) of this section.
§ 195.440 before transportation begins,
(a) Definition. As used in this section,
or if the pipeline exists on July 3, 2008,
a regulated rural gathering line means
before January 3, 2010. Continue to
an onshore gathering line in a rural
carry out such program in compliance
area that meets all of the following cri-
with § 195.440.
teria—
(1) Has a nominal diameter from 65⁄8 (8) Establish a damage prevention
inches (168 mm) to 85⁄8 inches (219.1 program in compliance with § 195.442
mm); before transportation begins, or if the
(2) Is located in or within one-quarter pipeline exists on July 3, 2008, before
mile (.40 km) of an unusually sensitive July 3, 2009. Continue to carry out such
area as defined in § 195.6; and program in compliance with § 195.442.
(3) Operates at a maximum pressure (9) For steel pipelines, comply with
established under § 195.406 cor- subpart H of this part, except corrosion
responding to— control is not required for pipelines ex-
(i) A stress level greater than 20-per- isting on July 3, 2008 before July 3,
cent of the specified minimum yield 2011.
strength of the line pipe; or (10) For steel pipelines, establish and
(ii) If the stress level is unknown or follow a comprehensive and effective
the pipeline is not constructed with program to continuously identify oper-
steel pipe, a pressure of more than 125 ating conditions that could contribute
psi (861 kPa) gage. to internal corrosion. The program
(b) Safety requirements. Each operator must include measures to prevent and
must prepare, follow, and maintain mitigate internal corrosion, such as
written procedures to carry out the re- cleaning the pipeline and using inhibi-
quirements of this section. Except for tors. This program must be established
the requirements in paragraphs (b)(2), before transportation begins or if the
(b)(3), (b)(9) and (b)(10) of this section, pipeline exists on July 3, 2008, before
the safety requirements apply to all July 3, 2009.
materials of construction. (11) To comply with the Operator
(1) Identify all segments of pipeline Qualification program requirements in
meeting the criteria in paragraph (a) of subpart G of this part, have a written
this section before April 3, 2009. description of the processes used to
(2) For steel pipelines constructed, carry out the requirements in § 195.505
replaced, relocated, or otherwise to determine the qualification of per-

changed after July 3, 2009, design, in- sons performing operations and main-
stall, construct, initially inspect, and tenance tasks. These processes must be
566
established before transportation be- (i) Has a nominal diameter of 85⁄8

gins or if the pipeline exists on July 3, inches (219.1 mm) or more;
2008, before July 3, 2009. (ii) Is located in or within one-half
(c) New unusually sensitive areas. If, mile (.80 km) of an unusually sensitive
after July 3, 2008, a new unusually sen- area (USA) as defined in § 195.6; and
sitive area is identified and a segment (iii) Operates at a maximum pressure
of pipeline becomes regulated as a re- established under § 195.406 cor-
sult, except for the requirements of responding to:
paragraphs (b)(9) and (b)(10) of this sec- (A) A stress level equal to or less
tion, the operator must implement the than 20-percent of the specified min-
requirements in paragraphs (b)(2) imum yield strength of the line pipe; or
through (b)(11) of this section for the (B) If the stress level is unknown or
affected segment within 6 months of the pipeline is not constructed with
identification. For steel pipelines, com- steel pipe, a pressure equal to or less
ply with the deadlines in paragraph than 125 psi (861 kPa) gauge.
(b)(9) and (b)(10). (2) A Category 2 rural pipeline:
(d) Record Retention. An operator (i) Has a nominal diameter of less
must maintain records demonstrating than 85⁄8 inches (219.1mm);
compliance with each requirement ac- (ii) Is located in or within one-half
cording to the following schedule. mile (.80 km) of an unusually sensitive
(1) An operator must maintain the area (USA) as defined in § 195.6; and
segment identification records required (iii) Operates at a maximum pressure
in paragraph (b)(1) of this section and established under § 195.406 cor-
the records required to comply with responding to:
(b)(10) of this section, for the life of the (A) A stress level equal to or less
pipe. than 20-percent of the specified min-
(2) An operator must maintain the imum yield strength of the line pipe; or
records necessary to demonstrate com- (B) If the stress level is unknown or
pliance with each requirement in para- the pipeline is not constructed with
graphs (b)(2) through (b)(9), and (b)(11) steel pipe, a pressure equal to or less
of this section according to the record than 125 psi (861 kPa) gage.
retention requirements of the ref- (3) A Category 3 rural low-stress pipe-
erenced section or subpart. line:
(i) Has a nominal diameter of any
[73 FR 31644, June 3, 2008] size and is not located in or within one-
half mile (.80 km) of an unusually sen-
§ 195.12 What requirements apply to sitive area (USA) as defined in § 195.6;
low-stress pipelines in rural areas?
and
(a) General. This Section sets forth (ii) Operates at a maximum pressure
the requirements for each category of established under § 195.406 cor-
low-stress pipeline in a rural area set responding to a stress level equal to or
forth in paragraph (b) of this Section. less than 20-percent of the specified
This Section does not apply to a rural minimum yield strength of the line
low-stress pipeline regulated under this pipe; or
Part as a low-stress pipeline that (iii) If the stress level is unknown or
crosses a waterway currently used for the pipeline is not constructed with
commercial navigation; these pipelines steel pipe, a pressure equal to or less
are regulated pursuant to § 195.1(a)(2). than 125 psi (861 kPa) gage.
(b) Categories. An operator of a rural (c) Applicable requirements and dead-
low-stress pipeline must meet the ap- lines for compliance. An operator must
plicable requirements and compliance comply with the following compliance
deadlines for the category of pipeline dates depending on the category of
set forth in paragraph (c) of this Sec- pipeline determined by the criteria in
tion. For purposes of this Section, a paragraph (b):
rural low-stress pipeline is a Category (1) An operator of a Category 1 pipe-
1, 2, or 3 pipeline based on the following line must:
criteria: (i) Identify all segments of pipeline

(1) A Category 1 rural low-stress pipe- meeting the criteria in paragraph (b)(1)
line: of this Section before April 3, 2009.
567
§ 195.12 49 CFR Ch. I (10–1–15 Edition)
(ii) Beginning no later than January (i) Identify all segments of pipeline
3, 2009, comply with the reporting re- meeting the criteria in paragraph (b)(3)
quirements of Subpart B for the identi- of this Section before July 1, 2012.
fied segments. (ii) Beginning no later than January
(iii) IM requirements— 3, 2009, comply with the reporting re-
(A) Establish a written program that quirements of Subpart B for the identi-
complies with § 195.452 before July 3, fied segments.
2009, to assure the integrity of the pipe- (A)(iii) Comply with all safety re-
line segments. Continue to carry out quirements of this Part, except the re-
such program in compliance with quirements in § 195.452, Subpart B, and
§ 195.452. the requirements in Subpart H, before
(B) An operator may conduct a deter- October 1, 2012. Comply with Subpart H
mination per § 195.452(a) in lieu of the of this Part before October 1, 2014.
one-half mile buffer. (d) Economic compliance burden. (1) An
(C) Complete the baseline assessment operator may notify PHMSA in accord-
of all segments in accordance with ance with § 195.452(m) of a situation
§ 195.452(c) before July 3, 2015, and com- meeting the following criteria:
plete at least 50-percent of the assess- (i) The pipeline is a Category 1 rural
ments, beginning with the highest risk low-stress pipeline;
pipe, before January 3, 2012. (ii) The pipeline carries crude oil
(iv) Comply with all other safety re- from a production facility;
quirements of this Part, except Sub- (iii) The pipeline, when in operation,
part H, before July 3, 2009. Comply with operates at a flow rate less than or
the requirements of Subpart H before equal to 14,000 barrels per day; and
July 3, 2011. (iv) The operator determines it would
(2) An operator of a Category 2 pipe- abandon or shut-down the pipeline as a
line must: result of the economic burden to com-
(i) Identify all segments of pipeline ply with the assessment requirements
meeting the criteria in paragraph (b)(2) in § 195.452(d) or 195.452(j).
of this Section before July 1, 2012. (2) A notification submitted under
(ii) Beginning no later than January this provision must include, at min-
3, 2009, comply with the reporting re- imum, the following information about
quirements of Subpart B for the identi- the pipeline: its operating, mainte-
fied segments. nance and leak history; the estimated
(iii) IM— cost to comply with the integrity as-
(A) Establish a written IM program sessment requirements (with a brief de-
that complies with § 195.452 before Oc- scription of the basis for the estimate);
tober 1, 2012 to assure the integrity of the estimated amount of production
the pipeline segments. Continue to from affected wells per year, whether
carry out such program in compliance wells will be shut in or alternate trans-
with § 195.452. portation used, and if alternate trans-
(B) An operator may conduct a deter- portation will be used, the estimated
mination per § 195.452(a) in lieu of the cost to do so.
one-half mile buffer. (3) When an operator notifies PHMSA
(C) Complete the baseline assessment in accordance with paragraph (d)(1) of
of all segments in accordance with this Section, PHMSA will stay compli-
§ 195.452(c) before October 1, 2016 and ance with §§ 195.452(d) and 195.452(j)(3)
complete at least 50-percent of the as- until it has completed an analysis of
sessments, beginning with the highest the notification. PHMSA will consult
risk pipe, before April 1, 2014. the Department of Energy, as appro-
(iv) Comply with all other safety re- priate, to help analyze the potential
quirements of this Part, except Sub- energy impact of loss of the pipeline.
part H, before October 1, 2012. Comply Based on the analysis, PHMSA may
with Subpart H of this Part before Oc- grant the operator a special permit to
tober 1, 2014.
allow continued operation of the pipe-

(3) An operator of a Category 3 pipeline subject to alternative safety re-
line must: quirements.
568
(e) Changes in unusually sensitive Subpart B—Annual, Accident, and

areas. (1) If, after June 3, 2008, for Cat- Safety-Related Condition Re-
egory 1 rural low-stress pipelines or Oc- porting
tober 1, 2011 for Category 2 rural low-
stress pipelines, an operator identifies § 195.48 Scope.
a new USA that causes a segment of This Subpart prescribes requirements
pipeline to meet the criteria in para- for periodic reporting and for reporting
graph (b) of this Section as a Category of accidents and safety-related condi-
1 or Category 2 rural low-stress pipe- tions. This Subpart applies to all pipe-
line, the operator must: lines subject to this Part. An operator
(i) Comply with the IM program re- of a Category 3 rural low-stress pipe-
quirement in paragraph (c)(1)(iii)(A) or line meeting the criteria in § 195.12 is
(c)(2)(iii)(A) of this Section, as appro- not required to complete those parts of
priate, within 12 months following the the hazardous liquid annual report
date the area is identified regardless of form PHMSA F 7000–1.1 associated with
the prior categorization of the pipeline; IM or high consequence areas.
and [76 FR 25588, May 5, 2011]
(ii) Complete the baseline assessment
required by paragraph (c)(1)(iii)(C) or § 195.49 Annual report.
(c)(2)(iii)(C) of this Section, as appro- Each operator must annually com-
priate, according to the schedule in plete and submit DOT Form PHMSA F
§ 195.452(d)(3). 7000–1.1 for each type of hazardous liq-
(2) If a change to the boundaries of a uid pipeline facility operated at the
USA causes a Category 1 or Category 2 end of the previous year. An operator
pipeline segment to no longer be within must submit the annual report by June
one-half mile of a USA, an operator 15 each year, except that for the 2010
must continue to comply with para- reporting year the report must be sub-
graph (c)(1)(iii) or paragraph (c)(2)(iii) mitted by August 15, 2011. A separate
of this section, as applicable, with re- report is required for crude oil, HVL
spect to that segment unless the oper- (including anhydrous ammonia), petro-
ator determines that a release from the leum products, carbon dioxide pipe-
pipeline could not affect the USA. lines, and fuel grade ethanol pipelines.
(f) Record Retention. An operator For each state a pipeline traverses, an
must maintain records demonstrating operator must separately complete
compliance with each requirement ap- those sections on the form requiring
information to be reported for each
plicable to the category of pipeline ac-
state.
cording to the following schedule.
(1) An operator must maintain the [75 FR 72907, Nov. 26, 2010]
segment identification records required
in paragraph (c)(1)(i), (c)(2)(i) or § 195.50 Reporting accidents.
(c)(3)(i) of this Section for the life of An accident report is required for
the pipe. each failure in a pipeline system sub-
(2) Except for the segment identifica- ject to this part in which there is a re-
tion records, an operator must main- lease of the hazardous liquid or carbon
tain the records necessary to dem- dioxide transported resulting in any of
onstrate compliance with each applica- the following:
ble requirement set forth in paragraph (a) Explosion or fire not inten-
(c) of this section according to the tionally set by the operator.
record retention requirements of the (b) Release of 5 gallons (19 liters) or
more of hazardous liquid or carbon di-
referenced section or subpart.
oxide, except that no report is required
[76 FR 25587, May 5, 2011, as amended at 76 for a release of less than 5 barrels (0.8
FR 43605, July 21, 2011] cubic meters) resulting from a pipeline
maintenance activity if the release is:
(1) Not otherwise reportable under

this section;
(2) Not one described in § 195.52(a)(4);
569
§ 195.52 49 CFR Ch. I (10–1–15 Edition)
(3) Confined to company property or (1) Name, address and identification

pipeline right-of-way; and number of the operator.
(4) Cleaned up promptly; (2) Name and telephone number of
(c) Death of any person; the reporter.
(d) Personal injury necessitating hos- (3) The location of the failure.
pitalization; (4) The time of the failure.
(e) Estimated property damage, in- (5) The fatalities and personal inju-
cluding cost of clean-up and recovery, ries, if any.
value of lost product, and damage to (6) Initial estimate of amount of
the property of the operator or others, product released in accordance with
or both, exceeding $50,000. paragraph (c) of this section.
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as (7) All other significant facts known
amended by Amdt. 195–39, 53 FR 24950, July 1, by the operator that are relevant to
1988; Amdt. 195–45, 56 FR 26925, June 12, 1991; the cause of the failure or extent of the
Amdt. 195–52, 59 FR 33396, June 28, 1994; damages.
Amdt. 195–63, 63 FR 37506, July 13, 1998; (c) Calculation. A pipeline operator
Amdt. 195–75, 67 FR 836, Jan. 8, 2002] must have a written procedure to cal-
culate and provide a reasonable initial
§ 195.52 Immediate notice of certain estimate of the amount of released
accidents.
product.
(a) Notice requirements. At the ear- (d) New information. An operator
liest practicable moment following dis- must provide an additional telephonic
covery of a release of the hazardous liq- report to the NRC if significant new in-
uid or carbon dioxide transported re- formation becomes available during
sulting in an event described in § 195.50, the emergency response phase of a re-
the operator of the system must give ported event at the earliest practicable
notice, in accordance with paragraph moment after such additional informa-
(b) of this section, of any failure that: tion becomes known.
(1) Caused a death or a personal in-
[75 FR 72907, Nov. 26, 2010]
jury requiring hospitalization;
(2) Resulted in either a fire or explo- § 195.54 Accident reports.
sion not intentionally set by the oper-
ator; (a) Each operator that experiences an
(3) Caused estimated property dam- accident that is required to be reported
age, including cost of cleanup and re- under § 195.50 must, as soon as prac-
covery, value of lost product, and dam- ticable, but not later than 30 days after
age to the property of the operator or discovery of the accident, file an acci-
others, or both, exceeding $50,000; dent report on DOT Form 7000–1.
(4) Resulted in pollution of any (b) Whenever an operator receives
stream, river, lake, reservoir, or other any changes in the information re-
similar body of water that violated ap- ported or additions to the original re-
plicable water quality standards, port on DOT Form 7000–1, it shall file a
caused a discoloration of the surface of supplemental report within 30 days.
the water or adjoining shoreline, or de- [Amdt. 195–39, 53 FR 24950, July 1, 1988, as
posited a sludge or emulsion beneath amended by Amdt. 195–95, 75 FR 72907, Nov.
the surface of the water or upon adjoin- 26, 2010]
ing shorelines; or
(5) In the judgment of the operator § 195.55 Reporting safety-related con-
was significant even though it did not ditions.
meet the criteria of any other para- (a) Except as provided in paragraph
graph of this section. (b) of this section, each operator shall
(b) Information required. Each notice report in accordance with § 195.56 the
required by paragraph (a) of this sec- existence of any of the following safe-
tion must be made to the National Re- ty-related conditions involving pipe-
sponse Center either by telephone to lines in service:
800–424–8802 (in Washington, DC, 202– (1) General corrosion that has re-
267–2675) or electronically at http:// duced the wall thickness to less than

www.nrc.uscg.mil and must include the that required for the maximum oper-
following information: ating pressure, and localized corrosion
570
pitting to a degree where leakage § 195.56 Filing safety-related condition

might result. reports.
(2) Unintended movement or abnor- (a) Each report of a safety-related
mal loading of a pipeline by environ- condition under § 195.55(a) must be filed
mental causes, such as an earthquake, (received by OPS) within five working
landslide, or flood, that impairs its days (not including Saturday, Sunday,
serviceability. or Federal Holidays) after the day a
(3) Any material defect or physical representative of the operator first de-
damage that impairs the serviceability termines that the condition exists, but
of a pipeline. not later than 10 working days after
(4) Any malfunction or operating the day a representative of the oper-
error that causes the pressure of a ator discovers the condition. Separate
pipeline to rise above 110 percent of its conditions may be described in a single
maximum operating pressure. report if they are closely related. Re-
(5) A leak in a pipeline that con- ports may be transmitted by electronic
stitutes an emergency. mail to
InformationResourcesManager@dot.gov,
(6) Any safety-related condition that
or by facsimile at (202) 366–7128.
could lead to an imminent hazard and
(b) The report must be headed ‘‘Safe-
causes (either directly or indirectly by
ty-Related Condition Report’’ and pro-
remedial action of the operator), for vide the following information:
purposes other than abandonment, a 20
(1) Name and principal address of op-
percent or more reduction in operating erator.
pressure or shutdown of operation of a
(2) Date of report.
pipeline.
(3) Name, job title, and business tele-
(b) A report is not required for any phone number of person submitting the
safety-related condition that— report.
(1) Exists on a pipeline that is more (4) Name, job title, and business tele-
than 220 yards (200 meters) from any phone number of person who deter-
building intended for human occupancy mined that the condition exists.
or outdoor place of assembly, except (5) Date condition was discovered and
that reports are required for conditions date condition was first determined to
within the right-of-way of an active exist.
railroad, paved road, street, or high- (6) Location of condition, with ref-
way, or that occur offshore or at on- erence to the State (and town, city, or
shore locations where a loss of haz- county) or offshore site, and as appro-
ardous liquid could reasonably be ex- priate nearest street address, offshore
pected to pollute any stream, river, platform, survey station number, mile-
lake, reservoir, or other body of water; post, landmark, or name of pipeline.
(2) Is an accident that is required to (7) Description of the condition, in-
be reported under § 195.50 or results in cluding circumstances leading to its
such an accident before the deadline discovery, any significant effects of the
for filing the safety-related condition condition on safety, and the name of
report; or the commodity transported or stored.
(3) Is corrected by repair or replace- (8) The corrective action taken (in-
ment in accordance with applicable cluding reduction of pressure or shut-
safety standards before the deadline for down) before the report is submitted
filing the safety-related condition re- and the planned follow-up or future
port, except that reports are required corrective action, including the antici-
for all conditions under paragraph pated schedule for starting and con-
(a)(1) of this section other than local- cluding such action.
ized corrosion pitting on an effectively [Amdt. 195–39, 53 FR 24950, July 1, 1988; 53 FR
coated and cathodically protected pipe- 29800, Aug. 8, 1988, as amended by Amdt. 195–
line. 42, 54 FR 32344, Aug. 7, 1989; Amdt. 195–44, 54
FR 40878, Oct. 4, 1989; Amdt. 195–50, 59 FR
[Amdt. 195–39, 53 FR 24950, July 1, 1988; 53 FR 17281, Apr. 12, 1994; Amdt. 195–61, 63 FR 7723,
29800, Aug. 8, 1988, as amended by Amdt. 195– Feb. 17, 1998; Amdt. 195–100, 80 FR 12780, Mar.
63, 63 FR 37506, July 13, 1998] 11, 2015]
571
§ 195.58 49 CFR Ch. I (10–1–15 Edition)
§ 195.58 Report submission require- § 195.59 Abandonment or deactivation

ments. of facilities.
(a) General. Except as provided in For each abandoned offshore pipeline
paragraphs (b) and (e) of this section, facility or each abandoned onshore
an operator must submit each report pipeline facility that crosses over,
required by this part electronically to under or through a commercially navi-
PHMSA at http://opsweb.phmsa.dot.gov gable waterway, the last operator of
unless an alternative reporting method that facility must file a report upon
is authorized in accordance with para- abandonment of that facility.
graph (d) of this section. (a) The preferred method to submit
(b) Exceptions: An operator is not re- data on pipeline facilities abandoned
quired to submit a safety-related con- after October 10, 2000 is to the National
dition report (§ 195.56) electronically. Pipeline Mapping System (NPMS) in
(c) Safety-related conditions. An oper- accordance with the NPMS ‘‘Standards
ator must submit concurrently to the for Pipeline and Liquefied Natural Gas
applicable State agency a safety-re- Operator Submissions.’’ To obtain a
lated condition report required by copy of the NPMS Standards, please
§ 195.55 for an intrastate pipeline or refer to the NPMS homepage at http://
when the State agency acts as an agent www.npms.phmsa.dot.gov or contact the
of the Secretary with respect to inter- NPMS National Repository at 703–317–
state pipelines. 3073. A digital data format is preferred,
(d) Alternate Reporting Method. If elec- but hard copy submissions are accept-
tronic reporting imposes an undue bur- able if they comply with the NPMS
den and hardship, the operator may Standards. In addition to the NPMS-re-
submit a written request for an alter- quired attributes, operators must sub-
native reporting method to the Infor- mit the date of abandonment, diame-
mation Resources Manager, Office of ter, method of abandonment, and cer-
Pipeline Safety, Pipeline and Haz- tification that, to the best of the oper-
ardous Materials Safety Administra-
ator’s knowledge, all of the reasonably
tion, PHP–20, 1200 New Jersey Avenue,
available information requested was
SE., Washington DC 20590. The request
provided and, to the best of the opera-
must describe the undue burden and
tor’s knowledge, the abandonment was
hardship. PHMSA will review the re-
completed in accordance with applica-
quest and may authorize, in writing, an
ble laws. Refer to the NPMS Standards
alternative reporting method. An au-
thorization will state the period for for details in preparing your data for
which it is valid, which may be indefi- submission. The NPMS Standards also
nite. An operator must contact include details of how to submit data.
PHMSA at 202–366–8075, or electroni- Alternatively, operators may submit
cally to reports by mail, fax or e-mail to the Of-
‘‘informationresourcesmanager@dot.gov’’ fice of Pipeline Safety, Pipeline and
to make arrangements for submitting a Hazardous Materials Safety Adminis-
report that is due after a request for al- tration, U.S. Department of Transpor-
ternative reporting is submitted but tation, Information Resources Man-
before an authorization or denial is re- ager, PHP–10, 1200 New Jersey Avenue,
ceived. SE., Washington, DC 20590-0001; fax
(e) National Pipeline Mapping System (202) 366–4566; e-mail,
(NPMS). An operator must provide ‘‘InformationResourcesManager@phmsa.
NPMS data to the address identified in dot.gov. The information in the report
the NPMS Operator Standards Manual must contain all reasonably available
available at www.npms.phmsa.dot.gov or information related to the facility, in-
by contacting the PHMSA Geographic cluding information in the possession
Information Systems Manager at (202) of a third party. The report must con-
366–4595. tain the location, size, date, method of
[Amdt. 195–95, 75 FR 72907, Nov. 26, 2010, as abandonment, and a certification that
amended by ; Amdt. 195–100, 80 FR 12780, Mar. the facility has been abandoned in ac-
11, 2015] cordance with all applicable laws.
572
(b) [Reserved] the hazardous liquid pipeline informa-

[Amdt. 195–69, 65 FR 54444, Sept. 8, 2000, as
tion collection pursuant to the Paper-
amended at 70 FR 11140, Mar. 8, 2005; Amdt. work Reduction Act are 2137–0047, 2137–
195–86, 72 FR 4657, Feb. 1, 2007; 73 FR 16570, 0601, 2137–0604, 2137–0605, 2137–0618, and
Mar. 28, 2008; 74 FR 2894, Jan. 16, 2009] 2137–0622.
[Amdt. 195–95, 75 FR 72907, Nov. 26, 2010]
§ 195.60 Operator assistance in inves-
tigation.
§ 195.64 National Registry of Pipeline
If the Department of Transportation and LNG Operators.
investigates an accident, the operator (a) OPID Request. Effective January
involved shall make available to the 1, 2012, each operator of a hazardous
representative of the Department all liquid pipeline or pipeline facility must
records and information that in any obtain from PHMSA an Operator Iden-
way pertain to the accident, and shall tification Number (OPID). An OPID is
afford all reasonable assistance in the assigned to an operator for the pipeline
investigation of the accident. or pipeline system for which the oper-
§ 195.61 National Pipeline Mapping ator has primary responsibility. To ob-
System. tain an OPID or a change to an OPID,
an operator must complete an OPID
(a) Each operator of a hazardous liq- Assignment Request DOT Form
uid pipeline facility must provide the PHMSA F 1000.1 through the National
following geospatial data to PHMSA Registry of Pipeline and LNG Opera-
for that facility: tors in accordance with § 195.58.
(1) Geospatial data, attributes, (b) OPID validation. An operator who
metadata and transmittal letter appro- has already been assigned one or more
priate for use in the National Pipeline OPID by January 1, 2011 must validate
Mapping System. Acceptable formats the information associated with each
and additional information are speci- such OPID through the National Reg-
fied in the NPMS Operator Standards istry of Pipeline and LNG Operators at
manual available at http://opsweb.phmsa.dot.gov, and correct
www.npms.phmsa.dot.gov or by con- that information as necessary, no later
tacting the PHMSA Geographic Infor- than June 30, 2012.
mation Systems Manager at (202) 366– (c) Changes. Each operator must no-
4595. tify PHMSA electronically through the
(2) The name of and address for the National Registry of Pipeline and LNG
operator.
Operators at http://
(3) The name and contact informa-
opsweb.phmsa.dot.gov, of certain events.
tion of a pipeline company employee,
(1) An operator must notify PHMSA
to be displayed on a public Web site,
of any of the following events not later
who will serve as a contact for ques-
than 60 days before the event occurs:
tions from the general public about the (i) Construction or any planned reha-
operator’s NPMS data. bilitation, replacement, modification,
(b) This information must be sub- upgrade, uprate, or update of a facility,
mitted each year, on or before June 15, other than a section of line pipe, that
representing assets as of December 31 costs $10 million or more. If 60 day no-
of the previous year. If no changes have tice is not feasible because of an emer-
occurred since the previous year’s sub- gency, an operator must notify PHMSA
mission, the operator must refer to the as soon as practicable;
information provided in the NPMS Op- (ii) Construction of 10 or more miles
erator Standards manual available at of a new hazardous liquid pipeline; or
www.npms.phmsa.dot.gov or contact the (2) An operator must notify PHMSA
PHMSA Geographic Information Sys- of any following event not later than 60
tems Manager at (202) 366–4595. days after the event occurs:
[Amdt. 195–100, 80 FR 12780, Mar. 11, 2015] (i) A change in the primary entity re-
sponsible (i.e., with an assigned OPID)
§ 195.63 OMB control number assigned for managing or administering a safety
to information collection.
program required by this part covering

The control numbers assigned by the pipeline facilities operated under mul-
Office of Management and Budget to tiple OPIDs.
573
§ 195.100 49 CFR Ch. I (10–1–15 Edition)
(ii) A change in the name of the oper- § 195.102 Design temperature.

ator; (a) Material for components of the
(iii) A change in the entity (e.g., com- system must be chosen for the tem-
pany, municipality) responsible for op- perature environment in which the
erating an existing pipeline, pipeline components will be used so that the
segment, or pipeline facility; pipeline will maintain its structural
(iv) The acquisition or divestiture of integrity.
50 or more miles of pipeline or pipeline (b) Components of carbon dioxide
system subject to this part; or pipelines that are subject to low tem-
(v) The acquisition or divestiture of peratures during normal operation be-
an existing pipeline facility subject to cause of rapid pressure reduction or
this part. during the initial fill of the line must
(d) Reporting. An operator must use be made of materials that are suitable
the OPID issued by PHMSA for all re- for those low temperatures.
porting requirements covered under
[Amdt. 195–45, 56 FR 26925, June 12, 1991]
this subchapter and for submissions to
the National Pipeline Mapping System. § 195.104 Variations in pressure.
[Amdt. 195–95, 75 FR 72907, Nov. 26, 2010, as If, within a pipeline system, two or
amended by Amdt. 195–100, 80 FR 12780, Mar. more components are to be connected
11, 2015] at a place where one will operate at a
higher pressure than another, the sys-
Subpart C—Design Requirements tem must be designed so that any com-
ponent operating at the lower pressure
§ 195.100 Scope. will not be overstressed.
This subpart prescribes minimum de-
§ 195.106 Internal design pressure.
sign requirements for new pipeline sys-
tems constructed with steel pipe and (a) Internal design pressure for the
for relocating, replacing, or otherwise pipe in a pipeline is determined in ac-
changing existing systems constructed cordance with the following formula:
with steel pipe. However, it does not P = (2St/D) × E × F
apply to the movement of line pipe P = Internal design pressure in p.s.i. (kPa)
covered by § 195.424. gage.
S = Yield strength in pounds per square inch
§ 195.101 Qualifying metallic compo- (kPa) determined in accordance with
nents other than pipe. paragraph (b) of this section.
t = Nominal wall thickness of the pipe in
Notwithstanding any requirement of inches (millimeters). If this is unknown,
the subpart which incorporates by ref- it is determined in accordance with para-
erence an edition of a document listed graph (c) of this section.
in § 195.3, a metallic component other D = Nominal outside diameter of the pipe in
than pipe manufactured in accordance inches (millimeters).
with any other edition of that docu- E = Seam joint factor determined in accord-
ment is qualified for use if— ance with paragraph (e) of this section.
F = A design factor of 0.72, except that a de-
(a) It can be shown through visual in- sign factor of 0.60 is used for pipe, includ-
spection of the cleaned component that ing risers, on a platform located offshore
no defect exists which might impair or on a platform in inland navigable
the strength or tightness of the compo- waters, and 0.54 is used for pipe that has
nent: and been subjected to cold expansion to meet
(b) The edition of the document the specified minimum yield strength
under which the component was manu- and is subsequently heated, other than
by welding or stress relieving as a part of
factured has equal or more stringent
welding, to a temperature higher than
requirements for the following as an 900 °F (482 °C) for any period of time or
edition of that document currently or over 600 °F (316 °C) for more than 1 hour.
previously listed in § 195.3:
(1) Pressure testing; (b) The yield strength to be used in
(2) Materials; and determining the internal design pres-
sure under paragraph (a) of this section

(3) Pressure and temperature ratings.
is the specified minimum yield
[Amdt. 195–28, 48 FR 30639, July 5, 1983] strength. If the specified minimum
574
yield strength is not known, the yield grade, size, and thickness, only 10 indi-
strength to be used in the design for- vidual lengths or 5 percent of all
mula is one of the following: lengths, whichever is greater, need be
(1)(i) The yield strength determined measured. The thickness of the lengths
by performing all of the tensile tests of that are not measured must be verified
ANSI/API Spec 5L (incorporated by ref- by applying a gage set to the minimum
erence, see § 195.3) on randomly selected thickness found by the measurement.
specimens with the following number The nominal wall thickness to be used
of tests: is the next wall thickness found in
commercial specifications that is
Pipe size No. of tests
below the average of all the measure-
Less than 6 ⁄ in (168 mm) nomi-
58 One test for each 200 ments taken. However, the nominal
nal outside diameter. lengths. wall thickness may not be more than
65⁄8 in through 123⁄4 in (168 mm One test for each 100 1.14 times the smallest measurement
through 324 mm) nominal out- lengths.
side diameter. taken on pipe that is less than 20
Larger than 123⁄4 in (324 mm) One test for each 50 inches (508 mm) nominal outside di-
nominal outside diameter. lengths. ameter, nor more than 1.11 times the
smallest measurement taken on pipe
(ii) If the average yield-tensile ratio that is 20 inches (508 mm) or more in
exceeds 0.85, the yield strength shall be nominal outside diameter.
taken as 24,000 p.s.i. (165,474 kPa). If the (d) The minimum wall thickness of
average yield-tensile ratio is 0.85 or the pipe may not be less than 87.5 per-
less, the yield strength of the pipe is cent of the value used for nominal wall
taken as the lower of the following: thickness in determining the internal
(A) Eighty percent of the average design pressure under paragraph (a) of
yield strength determined by the ten- this section. In addition, the antici-
sile tests. pated external loads and external pres-
(B) The lowest yield strength deter- sures that are concurrent with internal
mined by the tensile tests. pressure must be considered in accord-
(2) If the pipe is not tensile tested as ance with §§ 195.108 and 195.110 and,
provided in paragraph (b) of this sec- after determining the internal design
tion, the yield strength shall be taken pressure, the nominal wall thickness
as 24,000 p.s.i. (165,474 kPa). must be increased as necessary to com-
(c) If the nominal wall thickness to pensate for these concurrent loads and
be used in determining internal design pressures.
pressure under paragraph (a) of this (e)(1) The seam joint factor used in
section is not known, it is determined paragraph (a) of this section is deter-
by measuring the thickness of each mined in accordance with the following
piece of pipe at quarter points on one standards incorporated by reference
end. However, if the pipe is of uniform (see § 195.3):
Seam joint
Specification Pipe class factor
ASTM A53/A53M ....................................... Seamless .............................................................................................. 1.00

Electric resistance welded .................................................................... 1.00
Furnace lap welded .............................................................................. 0.80
Furnace butt welded ............................................................................. 0.60
ASTM A106/A106M ................................... Seamless .............................................................................................. 1.00
ASTM A333/A333M ................................... Seamless .............................................................................................. 1.00
Welded .................................................................................................. 1.00
ASTM A381 ............................................... Double submerged arc welded ............................................................. 1.00
ASTM A671/A671M ................................... Electric-fusion-welded ........................................................................... 1.00
ANSI/API Spec 5L ..................................... Seamless .............................................................................................. 1.00
Electric resistance welded .................................................................... 1.00
Electric flash welded ............................................................................. 1.00
Submerged arc welded ......................................................................... 1.00
Furnace lap welded .............................................................................. 0.80
Furnace butt welded ............................................................................. 0.60
575
§ 195.108 49 CFR Ch. I (10–1–15 Edition)
(2) The seam joint factor for pipe that (c) Each length of pipe with a nomi-
is not covered by this paragraph must nal outside diameter of 4 1⁄2 in (114.3
be approved by the Administrator. mm) or more must be marked on the
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 pipe or pipe coating with the specifica-
FR 32721, July 29, 1982, as amended by Amdt. tion to which it was made, the speci-
195–30, 49 FR 7569, Mar. 1, 1984; Amdt. 195–37, fied minimum yield strength or grade,
51 FR 15335, Apr. 23, 1986; Amdt. 195–40, 54 FR and the pipe size. The marking must be
5628, Feb. 6, 1989; 58 FR 14524, Mar. 18, 1993; applied in a manner that does not dam-
Amdt. 195–50, 59 FR 17281, Apr. 12, 1994; Amdt. age the pipe or pipe coating and must
195–52, 59 FR 33396, 33397, June 28, 1994; Amdt. remain visible until the pipe is in-
195–63, 63 FR 37506, July 13, 1998; Amdt. 195–
stalled.
99, 80 FR 185, Jan. 5, 2015]
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
§ 195.108 External pressure. amended by Amdt. 195–52, 59 FR 33396, June
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.
§ 195.110 External loads. Any used pipe installed in a pipeline
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
for in designing a pipeline system. In
must be determined in accordance with
providing for expansion and flexibility,
§ 195.106(e). If the specified minimum
section 419 of ASME/ANSI B31.4 must
yield strength or the wall thickness is
be followed.
not known, it is determined in accord-
(b) The pipe and other components
ance with § 195.106 (b) or (c) as appro-
must be supported in such a way that
priate.
the support does not cause excess local-
(b) There may not be any:
ized stresses. In designing attachments
(1) Buckles;
to pipe, the added stress to the wall of
(2) Cracks, grooves, gouges, dents, or
the pipe must be computed and com-
other surface defects that exceed the
pensated for.
maximum depth of such a defect per-
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as mitted by the specification to which
amended at 58 FR 14524, Mar. 18, 1993] the pipe was manufactured; or
(3) Corroded areas where the remain-
§ 195.111 Fracture propagation. ing wall thickness is less than the min-
A carbon dioxide pipeline system imum thickness required by the toler-
must be designed to mitigate the ef- ances in the specification to which the
fects of fracture propagation. pipe was manufactured.
[Amdt. 195–45, 56 FR 26926, June 12, 1991] However, pipe that does not meet the
requirements of paragraph (b)(3) of this
§ 195.112 New pipe. section may be used if the operating
Any new pipe installed in a pipeline pressure is reduced to be commensu-
system must comply with the fol- rate with the remaining wall thick-
lowing: ness.
(a) The pipe must be made of steel of [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
the carbon, low alloy-high strength, or FR 32721, July 29, 1982]
alloy type that is able to withstand the
internal pressures and external loads § 195.116 Valves.
and pressures anticipated for the pipe- Each valve installed in a pipeline
line system. system must comply with the fol-
(b) The pipe must be made in accord- lowing:
ance with a written pipe specification (a) The valve must be of a sound en-
that sets forth the chemical require- gineering design.
ments for the pipe steel and mechan- (b) Materials subject to the internal
ical tests for the pipe to provide pipe pressure of the pipeline system, includ-
suitable for the use intended. ing welded and flanged ends, must be
576
compatible with the pipe or fittings to § 195.120 Passage of internal inspec-

which the valve is attached. tion devices.
(c) Each part of the valve that will be (a) Except as provided in paragraphs
in contact with the carbon dioxide or (b) and (c) of this section, each new
hazardous liquid stream must be made pipeline and each line section of a pipe-
of materials that are compatible with line where the line pipe, valve, fitting
carbon dioxide or each hazardous liquid or other line component is replaced;
that it is anticipated will flow through must be designed and constructed to
the pipeline system. accommodate the passage of instru-
(d) Each valve must be both mented internal inspection devices.
hydrostatically shell tested and (b) This section does not apply to:
hydrostatically seat tested without (1) Manifolds;
leakage to at least the requirements (2) Station piping such as at pump
set forth in Section 11 of ANSI/API stations, meter stations, or pressure
Spec 6D (incorporated by reference, see reducing stations;
§ 195.3).
(3) Piping associated with tank farms
(e) Each valve other than a check and other storage facilities;
valve must be equipped with a means
(4) Cross-overs;
for clearly indicating the position of
the valve (open, closed, etc.). (5) Sizes of pipe for which an instru-
mented internal inspection device is
(f) Each valve must be marked on the
not commercially available;
body or the nameplate, with at least
the following: (6) Offshore pipelines, other than
main lines 10 inches (254 millimeters)
(1) Manufacturer’s name or trade-
or greater in nominal diameter, that
mark.
transport liquids to onshore facilities;
(2) Class designation or the maximum and
working pressure to which the valve
(7) Other piping that the Adminis-
may be subjected.
trator under § 190.9 of this chapter,
(3) Body material designation (the finds in a particular case would be im-
end connection material, if more than practicable to design and construct to
one type is used). accommodate the passage of instru-
(4) Nominal valve size. mented internal inspection devices.
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as (c) An operator encountering emer-
amended by Amdt. 195–45, 56 FR 26926, June gencies, construction time constraints
12, 1991; Amdt. 195–86, 71 FR 33410, June 9, and other unforeseen construction
2006; Amdt. 195–94, 75 FR 48606, Aug. 11, 2010; problems need not construct a new or
Amdt. 195–99, 80 FR 186, Jan. 5, 2015] replacement segment of a pipeline to
meet paragraph (a) of this section, if
§ 195.118 Fittings.
the operator determines and docu-
(a) Butt-welding type fittings must ments why an impracticability pro-
meet the marking, end preparation, hibits compliance with paragraph (a) of
and the bursting strength requirements this section. Within 30 days after dis-
of ASME/ANSI B16.9 or MSS SP–75 (in- covering the emergency or construc-
corporated by reference, see § 195.3). tion problem the operator must peti-
(b) There may not be any buckles, tion, under § 190.9 of this chapter, for
dents, cracks, gouges, or other defects approval that design and construction
in the fitting that might reduce the to accommodate passage of instru-
strength of the fitting. mented internal inspection devices
(c) The fitting must be suitable for would be impracticable. If the petition
the intended service and be at least as is denied, within 1 year after the date
strong as the pipe and other fittings in of the notice of the denial, the operator
the pipeline system to which it is at- must modify that segment to allow
tached. passage of instrumented internal in-
spection devices.
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
FR 32721, July 29, 1982, as amended at 58 FR [Amdt. 195–50, 59 FR 17281, Apr. 12, 1994, as
14524, Mar. 18, 1993; Amdt. 195–99, 80 FR 186, amended by Amdt. 195–63, 63 FR 37506, July
Jan. 5, 2015] 13, 1998]
577
§ 195.122 49 CFR Ch. I (10–1–15 Edition)
§ 195.122 Fabricated branch connec- with API Spec 12F (incorporated by ref-
tions. erence, see § 195.3) .
Each pipeline system must be de- (2) Welded, low-pressure (i.e., inter-
signed so that the addition of any fab- nal vapor space pressure not greater
ricated branch connections will not re- than 15 psig (103.4 kPa)), carbon steel
duce the strength of the pipeline sys- tanks that have wall shapes that can
tem. be generated by a single vertical axis of
revolution must be designed and con-
§ 195.124 Closures. structed in accordance with API Std
Each closure to be installed in a pipe- 620 (incorporated by reference, see
line system must comply with the 2007 § 195.3).
ASME Boiler and Pressure Vessel Code (3) Vertical, cylindrical, welded steel
(BPVC) (Section VIII, Division 1) (in- tanks with internal pressures at the
corporated by reference, see § 195.3) and tank top approximating atmospheric
must have pressure and temperature pressures (i.e., internal vapor space
ratings at least equal to those of the pressures not greater than 2.5 psig (17.2
pipe to which the closure is attached. kPa), or not greater than the pressure
[Amdt. 195–99, 80 FR 186, Jan. 5, 2015] developed by the weight of the tank
roof) must be designed and constructed
§ 195.126 Flange connection. in accordance with API Std 650 (incor-
Each component of a flange connec- porated by reference, see § 195.3).
tion must be compatible with each (4) High pressure steel tanks (i.e., in-
other component and the connection as ternal gas or vapor space pressures
a unit must be suitable for the service greater than 15 psig (103.4 kPa)) with a
in which it is to be used. nominal capacity of 2000 gallons (7571
§ 195.128 Station piping. liters) or more of liquefied petroleum
gas (LPG) must be designed and con-
Any pipe to be installed in a station structed in accordance with API Std
that is subject to system pressure must 2510 (incorporated by reference, see
meet the applicable requirements of
§ 195.3).
this subpart.
[Amdt. 195–66, 64 FR 15935, Apr. 2, 1999, as
§ 195.130 Fabricated assemblies. amended by Amdt. 195–99, 80 FR 186, Jan. 5,
Each fabricated assembly to be in- 2015; 80 FR 46848, Aug. 6, 2015]
stalled in a pipeline system must meet
the applicable requirements of this § 195.134 CPM leak detection.
subpart. This section applies to each haz-
ardous liquid pipeline transporting liq-
§ 195.132 Design and construction of uid in single phase (without gas in the
aboveground breakout tanks.
liquid). On such systems, each new
(a) Each aboveground breakout tank computational pipeline monitoring
must be designed and constructed to (CPM) leak detection system and each
withstand the internal pressure pro- replaced component of an existing CPM
duced by the hazardous liquid to be system must comply with section 4.2 of
stored therein and any anticipated ex- API RP 1130 (incorporated by reference,
ternal loads.
see § 195.3) in its design and with any
(b) For aboveground breakout tanks
other design criteria addressed in API
first placed in service after October 2,
2000, compliance with paragraph (a) of RP 1130 for components of the CPM
this section requires one of the fol- leak detection system.
lowing: [Amdt. 195–62, 63 FR 36376, July 6, 1998, as
(1) Shop-fabricated, vertical, cylin- amended by Amdt. 195–99, 80 FR 186, Jan. 5,
drical, closed top, welded steel tanks 2015]
with nominal capacities of 90 to 750
barrels (14.3 to 119.2 m 3) and with inter-
nal vapor space pressures that are ap-

proximately atmospheric must be de-
signed and constructed in accordance
578
Subpart D—Construction 650 (incorporated by reference, see

§ 195.3) or its predecessor Standard 12C;
§ 195.200 Scope. repair, alteration; and reconstruction
This subpart prescribes minimum re- must be in accordance with API Std 653
quirements for constructing new pipe- (except section 6.4.3) (incorporated by
line systems with steel pipe, and for re- reference, see § 195.3).
(2) For tanks built to API Spec 12F
locating, replacing, or otherwise
(incorporated by reference, see § 195.3)
changing existing pipeline systems
or API Std 620 (incorporated by ref-
that are constructed with steel pipe.
erence, see § 195.3), repair, alteration,
However, this subpart does not apply
and reconstruction must be in accord-
to the movement of pipe covered by
ance with the design, welding, exam-
§ 195.424.
ination, and material requirements of
§ 195.202 Compliance with specifica- those respective standards.
tions or standards. (3) For high-pressure tanks built to
API Std 2510 (incorporated by ref-
Each pipeline system must be con- erence, see § 195.3), repairs, alterations,
structed in accordance with com- and reconstruction must be in accord-
prehensive written specifications or ance with API Std 510 (incorporated by
standards that are consistent with the reference, see § 195.3).
requirements of this part.
[Amdt. 195–66, 64 FR 15935, Apr. 2, 1999, as
§ 195.204 Inspection—general. amended by Amdt. 195–99, 80 FR 186, Jan. 5,
2015; 80 FR 46848, Aug. 6, 2015]
Inspection must be provided to en-
sure that the installation of pipe or § 195.206 Material inspection.
pipeline systems is in accordance with No pipe or other component may be
the requirements of this subpart. Any installed in a pipeline system unless it
operator personnel used to perform the has been visually inspected at the site
inspection must be trained and quali- of installation to ensure that it is not
fied in the phase of construction to be damaged in a manner that could impair
inspected. An operator must not use its strength or reduce its service-
operator personnel to perform a re- ability.
quired inspection if the operator per-
sonnel performed the construction task § 195.207 Transportation of pipe.
requiring inspection. Nothing in this
(a) Railroad. In a pipeline operated at
section prohibits the operator from in-
a hoop stress of 20 percent or more of
specting construction tasks with oper-
SMYS, an operator may not use pipe
ator personnel who are involved in
having an outer diameter to wall
other construction tasks.
thickness ratio of 70 to 1, or more, that
[Amdt. 195–100, 80 FR 12780, Mar. 11, 2015] is transported by railroad unless the
transportation is performed in accord-
§ 195.205 Repair, alteration and recon- ance with API RP 5L1 (incorporated by
struction of aboveground breakout reference, see § 195.3).
tanks that have been in service. (b) Ship or barge. In a pipeline oper-
(a) Aboveground breakout tanks that ated at a hoop stress of 20 percent or
have been repaired, altered, or recon- more of SMYS, an operator may not
structed and returned to service must use pipe having an outer diameter to
be capable of withstanding the internal wall thickness ratio of 70 to 1, or more,
pressure produced by the hazardous liq- that is transported by ship or barge on
uid to be stored therein and any antici- both inland and marine waterways, un-
pated external loads. less the transportation is performed in
(b) After October 2, 2000, compliance accordance with API RP 5LW (incor-
with paragraph (a) of this section re- porated by reference, see § 195.3).
quires the following: (c) Truck. In a pipeline to be operated
(1) For tanks designed for approxi- at a hoop stress of 20 percent or more
mate atmospheric pressure, con- of SMYS, an operator may not use pipe
structed of carbon and low alloy steel, having an outer diameter to wall
welded or riveted, and non-refrig- thickness ratio of 70 to 1, or more, that
erated; and for tanks built to API Std is transported by truck unless the
579
§ 195.208 49 CFR Ch. I (10–1–15 Edition)
transportation is performed in according causes a permanent deformation in

ance with API RP 5LT (incorporated by the pipe must be nondestructively test-
reference, see § 195.3). ed either before or after the bending
process.
[Amdt. 195–94, 75 FR 48606, Aug. 11, 2010, as
amended by Amdt. 195–99, 80 FR 186, Jan. 5, [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
2015] amended by Amdt. 195–52, 59 FR 33396, June
28, 1994; Amdt. 195–63, 63 FR 37506, July 13,
§ 195.208 Welding of supports and 1998]
braces.
§ 195.214 Welding procedures.
Supports or braces may not be weld-
ed directly to pipe that will be oper- (a) Welding must be performed by a
ated at a pressure of more than 100 qualified welder or welding operator in
p.s.i. (689 kPa) gage. accordance with welding procedures
qualified under section 5, section 12 or
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as Appendix A of API Std 1104 (incor-
13, 1998]
porated by reference, see § 195.3), or sec-
tion IX of ASME Boiler and Pressure
§ 195.210 Pipeline location. Vessel Code (BPVC) (incorporated by
reference, see § 195.3). The quality of the
(a) Pipeline right-of-way must be se-
test welds used to qualify welding pro-
lected to avoid, as far as practicable,
cedures must be determined by de-
areas containing private dwellings, in-
structive testing.
dustrial buildings, and places of public (b) Each welding procedure must be
assembly. recorded in detail, including the results
(b) No pipeline may be located within of the qualifying tests. This record
50 feet (15 meters) of any private dwell- must be retained and followed when-
ing, or any industrial building or place ever the procedure is used.
of public assembly in which persons
work, congregate, or assemble, unless [Amdt. 195–38, 51 FR 20297, June 4, 1986, as
it is provided with at least 12 inches amended at Amdt. 195–81, 69 FR 32897, June
(305 millimeters) of cover in addition to 14, 2004; Amdt. 195–99, 80 FR 186, Jan. 5, 2015;
Amdt. 195–100, 80 FR 12780, Mar. 11, 2015]
that prescribed in § 195.248.
[Amdt. 195–22, 46 FR 39360, July 27, 1981, as § 195.216 Welding: Miter joints.
amended by Amdt. 195–63, 63 FR 37506, July A miter joint is not permitted (not
13, 1998] including deflections up to 3 degrees
that are caused by misalignment).
§ 195.212 Bending of pipe.
(a) Pipe must not have a wrinkle § 195.222 Welders and welding opera-
bend. tors: Qualification of welders and
(b) Each field bend must comply with welding operators.
the following: (a) Each welder or welding operator
(1) A bend must not impair the serv- must be qualified in accordance with
iceability of the pipe. section 6, section 12 or Appendix A of
(2) Each bend must have a smooth API Std 1104 (incorporated by ref-
contour and be free from buckling, erence, see § 195.3), or section IX of
cracks, or any other mechanical dam- ASME Boiler and Pressure Vessel Code
age. (BPVC), (incorporated by reference, see
(3) On pipe containing a longitudinal § 195.3), except that a welder or welding
weld, the longitudinal weld must be as operator qualified under an earlier edi-
near as practicable to the neutral axis tion than an edition listed in § 195.3,
of the bend unless— may weld but may not re-qualify under
(i) The bend is made with an internal that earlier edition.
bending mandrel; or (b) No welder or welding operator
(ii) The pipe is 123⁄4 in (324 mm) or may weld with a welding process un-
less nominal outside diameter or has a less, within the preceding 6 calendar
diameter to wall thickness ratio less months, the welder or welding operator
than 70. has—

(c) Each circumferential weld which (1) Engaged in welding with that
is located where the stress during bend- process; and
580
(2) Had one weld tested and found ac- (b) Each weld that is repaired must
ceptable under section 9 or Appendix A have the defect removed down to sound
of API Std 1104 (incorporated by ref- metal and the segment to be repaired
erence, see § 195.3). must be preheated if conditions exist
which would adversely affect the qual-
[Amdt. 195–81, 69 FR 54593, Sept. 9, 2004, as
ity of the weld repair. After repair, the
9, 2006; Amdt. 195–99, 80 FR 186, Jan. 5, 2015; segment of the weld that was repaired
Amdt. 195–100, 80 FR 12780, Mar. 11, 2015] must be inspected to ensure its accept-
ability.
§ 195.224 Welding: Weather. (c) Repair of a crack, or of any defect
in a previously repaired area must be
Welding must be protected from
in accordance with written weld repair
weather conditions that would impair
procedures that have been qualified
the quality of the completed weld.
under § 195.214. Repair procedures must
§ 195.226 Welding: Arc burns. provide that the minimum mechanical
properties specified for the welding
(a) Each arc burn must be repaired. procedure used to make the original
(b) An arc burn may be repaired by weld are met upon completion of the
completely removing the notch by final weld repair.
grinding, if the grinding does not re-
[Amdt. 195–29, 48 FR 48674, Oct. 20, 1983]
duce the remaining wall thickness to
less than the minimum thickness re- § 195.234 Welds: Nondestructive test-
quired by the tolerances in the speci- ing.
fication to which the pipe is manufac-
(a) A weld may be nondestructively
tured. If a notch is not repairable by
tested by any process that will clearly
grinding, a cylinder of the pipe con-
indicate any defects that may affect
taining the entire notch must be re-
the integrity of the weld.
moved.
(b) Any nondestructive testing of
(c) A ground may not be welded to welds must be performed—
the pipe or fitting that is being welded. (1) In accordance with a written set
of procedures for nondestructive test-
§ 195.228 Welds and welding inspec-
tion: Standards of acceptability. ing; and
(2) With personnel that have been
(a) Each weld and welding must be trained in the established procedures
inspected to insure compliance with and in the use of the equipment em-
the requirements of this subpart. Vis- ployed in the testing.
ual inspection must be supplemented (c) Procedures for the proper inter-
by nondestructive testing. pretation of each weld inspection must
(b) The acceptability of a weld is de- be established to ensure the accept-
termined according to the standards in ability of the weld under § 195.228.
section 9 or Appendix A of API Std 1104 (d) During construction, at least 10
(incorporated by reference, see § 195.3). percent of the girth welds made by
Appendix A of API Std 1104 may not be each welder and welding operator dur-
used to accept cracks. ing each welding day must be non-
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as destructively tested over the entire cir-
amended by Amdt. 195–52, 59 FR 33397, June cumference of the weld.
28, 1994; Amdt. 195–81, 69 FR 32898, June 14, (e) All girth welds installed each day
2004; Amdt. 195–99, 80 FR 186, Jan. 5, 2015; in the following locations must be non-
Amdt. 195–100, 80 FR 12780, Mar. 11, 2015] destructively tested over their entire
circumference, except that when non-
§ 195.230 Welds: Repair or removal of destructive testing is impracticable for
defects. a girth weld, it need not be tested if
(a) Each weld that is unacceptable the number of girth welds for which
under § 195.228 must be removed or retesting is impracticable does not ex-
paired. Except for welds on an offshore ceed 10 percent of the girth welds in-
pipeline being installed from a pipelay stalled that day:
vessel, a weld must be removed if it has (1) At any onshore location where a
a crack that is more than 8 percent of loss of hazardous liquid could reason-
the weld length. ably be expected to pollute any stream,
581
§§ 195.236–195.244 49 CFR Ch. I (10–1–15 Edition)
river, lake, reservoir, or other body of stresses and the possibility of damage
water, and any offshore area; to the pipe.
(2) Within railroad or public road (b) Except for pipe in the Gulf of
rights-of-way; Mexico and its inlets in waters less
(3) At overhead road crossings and than 15 feet deep, all offshore pipe in
within tunnels; water at least 12 feet deep (3.7 meters)
(4) Within the limits of any incor- but not more than 200 feet deep (61 me-
porated subdivision of a State govern- ters) deep as measured from the mean
ment; and low water must be installed so that the
(5) Within populated areas, including, top of the pipe is below the underwater
but not limited to, residential subdivi- natural bottom (as determined by rec-
sions, shopping centers, schools, des- ognized and generally accepted prac-
ignated commercial areas, industrial tices) unless the pipe is supported by
facilities, public institutions, and stanchions held in place by anchors or
places of public assembly. heavy concrete coating or protected by
(f) When installing used pipe, 100 per- an equivalent means.
cent of the old girth welds must be [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
nondestructively tested. amended by Amdt. 195–52, 59 FR 33397, June
(g) At pipeline tie-ins, including tie- 28, 1994; 59 FR 36256, July 15, 1994; Amdt. 195–
ins of replacement sections, 100 percent 85, 69 FR 48407, Aug. 10, 2004]
of the girth welds must be nondestruc-
tively tested. § 195.248 Cover over buried pipeline.
(a) Unless specifically exempted in
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
amended by Amdt. 195–35, 50 FR 37192, Sept. this subpart, all pipe must be buried so
21, 1985; Amdt. 195–52, 59 FR 33397, June 28, that it is below the level of cultivation.
1994; Amdt. 195–100, 80 FR 12780, Mar. 11, 2015] Except as provided in paragraph (b) of
this section, the pipe must be installed
§§ 195.236–195.244 [Reserved] so that the cover between the top of
the pipe and the ground level, road bed,
§ 195.246 Installation of pipe in a river bottom, or underwater natural
ditch. bottom (as determined by recognized
(a) All pipe installed in a ditch must and generally accepted practices), as
be installed in a manner that mini- applicable, complies with the following
mizes the introduction of secondary 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 (2) Additional protection is provided
its inlets in waters less than 15 feet (4.6 that is equivalent to the minimum re-
meters) deep, less cover than the min- quired cover.
imum required by paragraph (a) of this
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
section and § 195.210 may be used if— FR 32721, July 29, 1982, as amended by Amdt.
(1) It is impracticable to comply with 195–52, 59 FR 33397, June 28, 1994; 59 FR 36256,
the minimum cover requirements; and
July 15, 1994; Amdt. 195–63, 63 FR 37506, July

13, 1998; Amdt. 195–95, 69 FR 48407, Aug. 10,
2004]
582
§ 195.250 Clearance between pipe and ized employees and that is protected
underground structures. from damage or tampering.
Any pipe installed underground must (b) Each submerged valve located off-
have at least 12 inches (305 millime- shore or in inland navigable waters
ters) of clearance between the outside must be marked, or located by conven-
of the pipe and the extremity of any tional survey techniques, to facilitate
other underground structure, except quick location when operation of the
that for drainage tile the minimum valve is required.
clearance may be less than 12 inches
§ 195.260 Valves: Location.
(305 millimeters) but not less than 2
inches (51 millimeters). However, A valve must be installed at each of
where 12 inches (305 millimeters) of the following locations:
clearance is impracticable, the clear- (a) On the suction end and the dis-
ance may be reduced if adequate provi- charge end of a pump station in a man-
sions are made for corrosion control. ner that permits isolation of the pump
station equipment in the event of an
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
emergency.
13, 1998] (b) On each line entering or leaving a
breakout storage tank area in a man-
§ 195.252 Backfilling. ner that permits isolation of the tank
area from other facilities.
When a ditch for a pipeline is
backfilled, it must be backfilled in a (c) On each mainline at locations
manner that: along the pipeline system that will
(a) Provides firm support under the minimize damage or pollution from ac-
pipe; and cidental hazardous liquid discharge, as
appropriate for the terrain in open
(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 vent the accumulation of hazardous va-
highways.
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:
(1) Safety devices that prevent over-
§ 195.258 Valves: General.
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.
583
§ 195.264 49 CFR Ch. I (10–1–15 Edition)
(2) A device for the emergency shut- (c) Aboveground breakout tank areas
down of each pumping station. must be adequately protected against
(3) If power is necessary to actuate unauthorized entry.
the safety devices, an auxiliary power (d) Normal/emergency relief venting
supply. must be provided for each atmospheric
(c) Each safety device must be tested pressure breakout tank. Pressure/vacu-
under conditions approximating actual um-relieving devices must be provided
operations and found to function prop- for each low-pressure and high-pressure
erly before the pumping station may be breakout tank.
used. (e) For normal/emergency relief vent-
ing and pressure/vacuum-relieving de-
(d) Except for offshore pipelines,
vices installed on aboveground break-
pumping equipment must be installed
out tanks after October 2, 2000, compli-
on property that is under the control of
ance with paragraph (d) of this section
the operator and at least 15.2 m (50 ft)
requires the following for the tanks
from the boundary of the pump station.
specified:
(e) Adequate fire protection must be (1) Normal/emergency relief venting
installed at each pump station. If the installed on atmospheric pressure
fire protection system installed re- tanks built to API Spec 12F must be in
quires the use of pumps, motive power accordance with section 4 and Appen-
must be provided for those pumps that dices B and C of API Spec 12F (incor-
is separate from the power that oper- porated by reference, see § 195.3) .
ates the station. (2) Normal/emergency relief venting
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as installed on atmospheric pressure
amended by Amdt. 195–52, 59 FR 33397, June tanks (such as those built to API Std
28, 1994] 650 or its predecessor Standard 12C)
must be in accordance with API Std
§ 195.264 Impoundment, protection 2000 (incorporated by reference, see
against entry, normal/emergency § 195.3).
venting or pressure/vacuum relief (3) Pressure-relieving and emergency
for aboveground breakout tanks. vacuum-relieving devices installed on
(a) A means must be provided for low-pressure tanks built to API Std 620
containing hazardous liquids in the must be in accordance with Section 9
event of spillage or failure of an above- of API Std 620 (incorporated by ref-
ground breakout tank. erence, see § 195.3) and its references to
(b) After October 2, 2000, compliance the normal and emergency venting re-
with paragraph (a) of this section requirements in API Std 2000 (incor-
quires the following for the above- porated by reference, see § 195.3).
ground breakout tanks specified: (4) Pressure and vacuum-relieving de-
vices installed on high-pressure tanks
(1) For tanks built to API Spec 12F,
built to API Std 2510 must be in ac-
API Std 620, and others (such as API
cordance with sections 7 or 11 of API
Std 650 (or its predecessor Standard
Std 2510 (incorporated by reference, see
12C)), the installation of impoundment § 195.3).
must be in accordance with the fol-
lowing sections of NFPA–30 (incor- [Amdt. 195–66, 64 FR 15935, Apr. 2, 1999, as
porated by reference, see § 195.3); amended by 195–86, 71 FR 33410, June 9, 2006;
195–94, 75 FR 48606, Aug. 11, 2010; Amdt. 195–
(i) Impoundment around a breakout 99, 80 FR 186, Jan. 5, 2015; 80 FR 46848, Aug.
tank must be installed in accordance 6, 2015]
with section 22.11.2; and
(ii) Impoundment by drainage to a re- § 195.266 Construction records.
mote impounding area must be in- A complete record that shows the fol-
stalled in accordance with section lowing must be maintained by the op-
22.11.1. erator involved for the life of each
(2) For tanks built to API Std 2510 pipeline facility:
(incorporated by reference, see § 195.3) , (a) The total number of girth welds
the installation of impoundment must and the number nondestructively test-

be in accordance with section 5 or 11 of ed, including the number rejected and
API Std 2510. the disposition of each rejected weld.
584
(b) The amount, location; and cover (ii) Is located in a rural area as part
of each size of pipe installed. of a production field distribution sys-
(c) The location of each crossing of tem.
another pipeline. (3) Any low-stress pipeline con-
(d) The location of each buried util- structed before August 11, 1994 that
ity crossing. does not transport HVL.
(e) The location of each overhead (4) Those portions of older hazardous
crossing. liquid and carbon dioxide pipelines for
which an operator has elected the risk-
(f) The location of each valve and
based alternative under § 195.303 and
corrosion test station.
which are not required to be tested
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as based on the risk-based criteria.
amended by Amdt. 195–34, 50 FR 34474, Aug. (c) Except for pipelines that trans-
26, 1985] port HVL onshore, low-stress pipelines,
and pipelines covered under § 195.303,
Subpart E—Pressure Testing the following compliance deadlines
apply to pipelines under paragraphs
§ 195.300 Scope. (b)(1) and (b)(2)(i) of this section that
have not been pressure tested under
This subpart prescribes minimum re- this subpart:
quirements for the pressure testing of (1) Before December 7, 1998, for each
steel pipelines. However, this subpart pipeline each operator shall—
does not apply to the movement of pipe (i) Plan and schedule testing accord-
under § 195.424. ing to this paragraph; or
[Amdt. 195–51, 59 FR 29384, June 7, 1994] (ii) Establish the pipeline’s maximum
operating pressure under § 195.406(a)(5).
§ 195.302 General requirements. (2) For pipelines scheduled for test-
ing, each operator shall—
(a) Except as otherwise provided in (i) Before December 7, 2000, pressure
this section and in § 195.305(b), no oper- test—
ator may operate a pipeline unless it (A) Each pipeline identified by name,
has been pressure tested under this symbol, or otherwise that existing
subpart without leakage. In addition, records show contains more than 50
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; § 195.303 Risk-based alternative to
(ii) An interstate offshore gathering pressure testing older hazardous
line constructed before August 1, 1977; liquid and carbon dioxide pipelines.
(iii) An intrastate pipeline con- (a) An operator may elect to follow a
structed before October 21, 1985; or program for testing a pipeline on risk-
(iv) A low-stress pipeline constructed based criteria as an alternative to the
before August 11, 1994 that transports pressure testing in § 195.302(b)(1)(i)–(iii)
HVL. and § 195.302(b)(2)(i) of this subpart. Ap-
(2) Any carbon dioxide pipeline con- pendix B provides guidance on how this
structed before July 12, 1991, that— program will work. An operator elect-
(i) Has its maximum operating pres- ing such a program shall assign a risk
sure established under § 195.406(a)(5); or classification to each pipeline segment
585
§ 195.303 49 CFR Ch. I (10–1–15 Edition)
according to the indicators described in paragraph (d) of this section. The tim-
paragraph (b) of this section as follows: ing of such pressure test may be deter-
(1) Risk Classification A if the loca- mined based on risk classifications dis-
tion indicator is ranked as low or me- cussed under paragraph (b) of this sec-
dium risk, the product and volume in- tion. For other segments, the program
dicators are ranked as low risk, and may provide for use of a magnetic flux
the probability of failure indicator is leakage or ultrasonic internal inspec-
ranked as low risk; tion survey as an alternative to pres-
(2) Risk Classification C if the loca- sure testing and, in the case of such
tion indicator is ranked as high risk; or segments in Risk Classification A, may
(3) Risk Classification B. provide for no additional measures
(b) An operator shall evaluate each under this subpart.
pipeline segment in the program ac- (d) All pre-1970 ERW pipe and
cording to the following indicators of lapwelded pipe is deemed susceptible to
risk: longitudinal seam failures unless an
(1) The location indicator is— engineering analysis shows otherwise.
(i) High risk if an area is non-rural or In conducting an engineering analysis
environmentally sensitive 1; or an operator must consider the seam-re-
(ii) Medium risk; or lated leak history of the pipe and pipe
(iii) Low risk if an area is not high or manufacturing information as avail-
medium risk. able, which may include the pipe
(2) The product indicator is 1 steel’s mechanical properties, includ-
(i) High risk if the product trans- ing fracture toughness; the manufac-
ported is highly toxic or is both highly turing process and controls related to
volatile and flammable; seam properties, including whether the
(ii) Medium risk if the product trans- ERW process was high-frequency or
ported is flammable with a flashpoint low-frequency, whether the weld seam
of less than 100 °F, but not highly vola- was heat treated, whether the seam
tile; or was inspected, the test pressure and
(iii) Low risk if the product trans- duration during mill hydrotest; the
ported is not high or medium risk. quality control of the steel-making
(3) The volume indicator is— process; and other factors pertinent to
(i) High risk if the line is at least 18 seam properties and quality.
inches in nominal diameter; (e) Pressure testing done under this
(ii) Medium risk if the line is at least section must be conducted in accord-
10 inches, but less than 18 inches, in ance with this subpart. Except for seg-
nominal diameter; or ments in Risk Classification B which
(iii) Low risk if the line is not high or are not constructed with pre-1970 ERW
medium risk. pipe, water must be the test medium.
(4) The probability of failure indi-
(f) An operator electing to follow a
cator is—
program under paragraph (a) must de-
(i) High risk if the segment has expe-
velop plans that include the method of
rienced more than three failures in the
testing and a schedule for the testing
last 10 years due to time-dependent de-
by December 7, 1998. The compliance
fects (e.g., corrosion, gouges, or prob-
deadlines for completion of testing are
lems developed during manufacture,
as shown in the table below:
construction or operation, etc.); or
(ii) Low risk if the segment has expe- § 195.303—TEST DEADLINES
rienced three failures or less in the last
10 years due to time-dependent defects. Pipeline Segment Risk classification Test deadline
(c) The program under paragraph (a)
Pre-1970 Pipe sus- C or B ................... 12/7/2000
of this section shall provide for pres- ceptible to longi- A ........................... 12/7/2002
sure testing for a segment constructed tudinal seam fail-
of electric resistance-welded (ERW) ures [defined in
pipe and lapwelded pipe manufactured § 195.303(c) &
(d)].
prior to 1970 susceptible to longitudinal All Other Pipeline C ........................... 12/7/2002
seam failures as determined through
Segments. B ........................... 12/7//2004

A ........................... Additional testing
1 (See
not required
Appendix B, Table C).
586
(g) An operator must review the risk (2) The component was manufactured
classifications for those pipeline seg- under a quality control system that en-
ments which have not yet been tested sures each component is at least equal
under paragraph (a) of this section or in strength to a prototype that was
otherwise inspected under paragraph hydrostatically tested at the factory.
(c) of this section at intervals not to
exceed 15 months. If the risk classifica- [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
tion of an untested or uninspected seg- amended by Amdt. 195–51, 59 FR 29385, June
7, 1994; Amdt. 195–52, 59 FR 33397, June 28,
ment changes, an operator must take
1994. Redesignated by Amdt. 195–65, 63 FR
appropriate action within two years, or 59480, Nov. 4, 1998]
establish the maximum operating pres-
sure under § 195.406(a)(5). § 195.306 Test medium.
(h) An operator must maintain
records establishing compliance with (a) Except as provided in paragraphs
this section, including records (b), (c), and (d) of this section, water
verifying the risk classifications, the must be used as the test medium.
plans and schedule for testing, the con- (b) Except for offshore pipelines, liq-
duct of the testing, and the review of uid petroleum that does not vaporize
the risk classifications. rapidly may be used as the test me-
(i) An operator may discontinue a dium if—
program under this section only after (1) The entire pipeline section under
written notification to the Adminis- test is outside of cities and other popu-
trator and approval, if needed, of a lated areas;
schedule for pressure testing. (2) Each building within 300 feet (91
[Amdt. 195–65, 63 FR 59480, Nov. 4, 1998] meters) of the test section is unoccu-
pied while the test pressure is equal to
§ 195.304 Test pressure. or greater than a pressure which pro-
The test pressure for each pressure duces a hoop stress of 50 percent of
test conducted under this subpart must specified minimum yield strength;
be maintained throughout the part of (3) The test section is kept under sur-
the system being tested for at least 4 veillance by regular patrols during the
continuous hours at a pressure equal to test; and
125 percent, or more, of the maximum (4) Continuous communication is
operating pressure and, in the case of a maintained along entire test section.
pipeline that is not visually inspected (c) Carbon dioxide pipelines may use
for leakage during the test, for at least inert gas or carbon dioxide as the test
an additional 4 continuous hours at a medium if—
pressure equal to 110 percent, or more,
(1) The entire pipeline section under
of the maximum operating pressure.
test is outside of cities and other popu-
[Amdt. 195–51, 59 FR 29384, June 7, 1994. Re- lated areas;
designated by Amdt. 195–65, 63 FR 59480, Nov. (2) Each building within 300 feet (91
4, 1998]
meters) of the test section is unoccu-
§ 195.305 Testing of components. pied while the test pressure is equal to
or greater than a pressure that pro-
(a) Each pressure test under § 195.302
duces a hoop stress of 50 percent of
must test all pipe and attached fit-
specified minimum yield strength;
tings, including components, unless
otherwise permitted by paragraph (b) (3) The maximum hoop stress during
of this section. the test does not exceed 80 percent of
(b) A component, other than pipe, specified minimum yield strength;
that is the only item being replaced or (4) Continuous communication is
added to the pipeline system need not maintained along entire test section;
be hydrostatically tested under para- and
graph (a) of this section if the manu- (5) The pipe involved is new pipe hav-
facturer certifies that either— ing a longitudinal joint factor of 1.00.
(1) The component was

hydrostatically tested at the factory;
or
587
§ 195.307 49 CFR Ch. I (10–1–15 Edition)
(d) Air or inert gas may be used as § 195.308 Testing of tie-ins.

the test medium in low-stress pipe-
Pipe associated with tie-ins must be
lines. pressure tested, either with the section
[Amdt. 195–22, 46 FR 38360, July 27, 1991, as to be tied in or separately.
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as
12, 1991; Amdt. 195–51, 59 FR 29385, June 7,
amended by 195–51, 59 FR 29385, June 7, 1994]
1994; Amdt. 195–53, 59 FR 35471, July 12, 1994;
Amdt. 195–51A, 59 FR 41260, Aug. 11, 1994;
§ 195.310 Records.
Amdt. 195–63, 63 FR 37506, July 13, 1998]
(a) A record must be made of each
§ 195.307 Pressure testing above- pressure test required by this subpart,
ground breakout tanks. and the record of the latest test must
(a) For aboveground breakout tanks be retained as long as the facility test-
built to API Spec 12F (incorporated by ed is in use.
reference, see § 195.3) and first placed in (b) The record required by paragraph
service after October 2, 2000, pneumatic (a) of this section must include:
testing must be performed in accord- (1) The pressure recording charts;
ance with section 5.3 of API Spec 12 F. (2) Test instrument calibration data;
(b) For aboveground breakout tanks (3) The name of the operator, the
built to API Std 620 (incorporated by name of the person responsible for
reference, see § 195.3) and first placed in making the test, and the name of the
test company used, if any;
service after October 2, 2000, hydro-
(4) The date and time of the test;
static and pneumatic testing must be
(5) The minimum test pressure;
performed in accordance with section
7.18 of API Std 620. (6) The test medium;
(7) A description of the facility tested
(c) For aboveground breakout tanks
and the test apparatus;
built to API Std 650 (incorporated by
(8) An explanation of any pressure
reference, see § 195.3) and first placed in
discontinuities, including test failures,
service after October 2, 2000, testing
that appear on the pressure recording
must be in accordance with sections charts;
7.3.5 and 7.3.6 of API Standard 650 (in-
(9) Where elevation differences in the
corporated by reference, see § 195.3). section under test exceed 100 feet (30
(d) For aboveground atmospheric meters), a profile of the pipeline that
pressure breakout tanks constructed of shows the elevation and test sites over
carbon and low alloy steel, welded or the entire length of the test section;
riveted, and non-refrigerated tanks and
built to API Std 650 or its predecessor (10) Temperature of the test medium
Standard 12 C that are returned to or pipe during the test period.
service after October 2, 2000, the neces-
[Amdt. 195–34, 50 FR 34474, Aug. 26, 1985, as
sity for the hydrostatic testing of re-
pair, alteration, and reconstruction is 7, 1994; Amdt. 195–63, 63 FR 37506, July 13,
covered in section 12.3 of API Standard 1998; Amdt. 195–78, 68 FR 53528, Sept. 11, 2003]
653 (incorporated by reference, see
§ 195.3). Subpart F—Operation and
(e) For aboveground breakout tanks Maintenance
built to API Std 2510 (incorporated by
reference, see § 195.3) and first placed in § 195.400 Scope.
service after October 2, 2000, pressure
testing must be performed in accord-
quirements for operating and main-
ance with 2007 ASME Boiler and Pres- taining pipeline systems constructed
sure Vessel Code (BPVC) (Section VIII, with steel pipe.
Division 1 or 2).
[Amdt. 195–99, 80 FR 187, Jan. 5, 2015, as § 195.401 General requirements.
amended by Amdt. 195–100, 80 FR 12780, Mar. (a) No operator may operate or main-
11, 2015] tain its pipeline systems at a level of
safety lower than that required by this
588
subpart and the procedures it is re- tem a manual of written procedures for
quired to establish under § 195.402(a) of conducting normal operations and
this subpart. maintenance activities and handling
(b) An operator must make repairs on abnormal operations and emergencies.
its pipeline system according to the This manual shall be reviewed at inter-
following requirements: vals not exceeding 15 months, but at
(1) Non Integrity management repairs. least once each calendar year, and ap-
Whenever an operator discovers any propriate changes made as necessary to
condition that could adversely affect insure that the manual is effective.
the safe operation of its pipeline sys- This manual shall be prepared before
tem, it must correct the condition initial operations of a pipeline system
within a reasonable time. However, if commence, and appropriate parts shall
the condition is of such a nature that be kept at locations where operations
it presents an immediate hazard to per- and maintenance activities are con-
sons or property, the operator may not ducted.
operate the affected part of the system (b) The Associate Administrator or
until it has corrected the unsafe condi- the State Agency that has submitted a
tion. current certification under the pipeline
(2) Integrity management repairs. When safety laws (49 U.S.C. 60101 et seq.) with
an operator discovers a condition on a respect to the pipeline facility gov-
pipeline covered under § 195.452, the op- erned by an operator’s plans and proce-
erator must correct the condition as dures may, after notice and oppor-
prescribed in § 195.452(h). tunity for hearing as provided in 49
(c) Except as provided in § 195.5, no CFR 190.206 or the relevant State pro-
operator may operate any part of any cedures, require the operator to amend
of the following pipelines unless it was its plans and procedures as necessary
designed and constructed as required to provide a reasonable level of safety.
by this part: (c) Maintenance and normal operations.
(1) An interstate pipeline, other than The manual required by paragraph (a)
a low-stress pipeline, on which con- of this section must include procedures
struction was begun after March 31, for the following to provide safety dur-
1970, that transports hazardous liquid. ing maintenance and normal oper-
(2) An interstate offshore gathering ations:
line, other than a low-stress pipeline, (1) Making construction records,
on which construction was begun after maps, and operating history available
July 31, 1977, that transports hazardous
as necessary for safe operation and
liquid.
maintenance.
(3) An intrastate pipeline, other than
(2) Gathering of data needed for re-
a low-stress pipeline, on which con-
porting accidents under subpart B of
struction was begun after October 20,
this part in a timely and effective man-
1985, that transports hazardous liquid.
ner.
(4) A pipeline on which construction
(3) Operating, maintaining, and re-
was begun after July 11, 1991, that
transports carbon dioxide. pairing the pipeline system in accord-
(5) A low-stress pipeline on which ance with each of the requirements of
construction was begun after August this subpart and subpart H of this part.
10, 1994. (4) Determining which pipeline facili-
ties are located in areas that would re-
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as quire an immediate response by the op-
amended by Amdt. 195–33, 50 FR 15899, Apr. erator to prevent hazards to the public
23, 1985; Amdt. 195–33A, 50 FR 39008, Sept. 26,
if the facilities failed or malfunctioned.
1985; Amdt. 195–36, 51 FR 15008, Apr. 22, 1986;
Amdt. 195–45, 56 FR 26926, June 12, 1991; (5) Analyzing pipeline accidents to
Amdt. 195–53, 59 FR 35471, July 12, 1994; determine their causes.
Amdt. 195–94, 75 FR 48607, Aug. 11, 2010] (6) Minimizing the potential for haz-
ards identified under paragraph (c)(4)
§ 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
589
§ 195.402 49 CFR Ch. I (10–1–15 Edition)
manner designed to assure operation dures used in normal operation and

within the limits prescribed by maintenance and taking corrective ac-
§ 195.406, consider the hazardous liquid tion where deficiencies are found.
or carbon dioxide in transportation, (14) Taking adequate precautions in
variations in altitude along the pipe- excavated trenches to protect per-
line, and pressure monitoring and con- sonnel from the hazards of unsafe accu-
trol devices. mulations of vapor or gas, and making
(8) In the case of a pipeline that is available when needed at the exca-
not equipped to fail safe, monitoring vation, emergency rescue equipment,
from an attended location pipeline including a breathing apparatus and, a
pressure during startup until steady rescue harness and line.
state pressure and flow conditions are (15) Implementing the applicable con-
reached and during shut-in to assure trol room management procedures re-
operation within limits prescribed by quired by § 195.446.
§ 195.406. (d) Abnormal operation. The manual
(9) In the case of facilities not required by paragraph (a) of this sec-
equipped to fail safe that are identified tion must include procedures for the
under paragraph 195.402(c)(4) or that following to provide safety when oper-
control receipt and delivery of the haz- ating design limits have been exceeded:
ardous liquid or carbon dioxide, detect- (1) Responding to, investigating, and
ing abnormal operating conditions by correcting the cause of:
monitoring pressure, temperature, flow (i) Unintended closure of valves or
or other appropriate operational data shutdowns;
and transmitting this data to an at- (ii) Increase or decrease in pressure
tended location. or flow rate outside normal operating
(10) Abandoning pipeline facilities, limits;
including safe disconnection from an
(iii) Loss of communications;
operating pipeline system, purging of
(iv) Operation of any safety device;
combustibles, and sealing abandoned
facilities left in place to minimize safe- (v) Any other malfunction of a com-
ty and environmental hazards. For ponent, deviation from normal oper-
each abandoned offshore pipeline facil- ation, or personnel error which could
ity or each abandoned onshore pipeline cause a hazard to persons or property.
facility that crosses over, under or (2) Checking variations from normal
through commercially navigable wa- operation after abnormal operation has
terways the last operator of that facil- ended at sufficient critical locations in
ity must file a report upon abandon- the system to determine continued in-
ment of that facility in accordance tegrity and safe operation.
with § 195.59 of this part. (3) Correcting variations from normal
(11) Minimizing the likelihood of ac- operation of pressure and flow equip-
cidental ignition of vapors in areas ment and controls.
near facilities identified under para- (4) Notifying responsible operator
graph (c)(4) of this section where the personnel when notice of an abnormal
potential exists for the presence of operation is received.
flammable liquids or gases. (5) Periodically reviewing the re-
(12) Establishing and maintaining li- sponse of operator personnel to deter-
aison with fire, police, and other appro- mine the effectiveness of the proce-
priate public officials to learn the re- dures controlling abnormal operation
sponsibility and resources of each gov- and taking corrective action where de-
ernment organization that may re- ficiencies are found.
spond to a hazardous liquid or carbon (e) Emergencies. The manual required
dioxide pipeline emergency and ac- by paragraph (a) of this section must
quaint the officials with the operator’s include procedures for the following to
ability in responding to a hazardous provide safety when an emergency con-
liquid or carbon dioxide pipeline emer- dition occurs:
gency and means of communication. (1) Receiving, identifying, and
(13) Periodically reviewing the work classifying notices of events which

done by operator personnel to deter- need immediate response by the oper-
mine the effectiveness of the proce- ator or notice to fire, police, or other
590
appropriate public officials and com- (10) Actions required to be taken by a

municating this information to appro- controller during an emergency, in ac-
priate operator personnel for correc- cordance with § 195.446.
tive action. (f) Safety-related condition reports. The
(2) Prompt and effective response to a manual required by paragraph (a) of
notice of each type emergency, includ- this section must include instructions
ing fire or explosion occurring near or enabling personnel who perform oper-
directly involving a pipeline facility, ation and maintenance activities to
accidental release of hazardous liquid recognize conditions that potentially
may be safety-related conditions that
or carbon dioxide from a pipeline facil-
are subject to the reporting require-
ity, operational failure causing a haz-
ments of § 195.55.
ardous condition, and natural disaster
affecting pipeline facilities. [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
(3) Having personnel, equipment, in- FR 32721, July 29, 1982, as amended by Amdt.
195–24, 47 FR 46852, Oct. 21, 1982; Amdt. 195–39,
struments, tools, and material avail- 53 FR 24951, July 1, 1988; Amdt. 195–45, 56 FR
able as needed at the scene of an emer- 26926, June 12, 1991; Amdt. 195–46, 56 FR 31090,
gency. July 9, 1991; Amdt. 195–49, 59 FR 6585, Feb. 11,
(4) Taking necessary action, such as 1994; Amdt. 195–55, 61 FR 18518, Apr. 26, 1996;
emergency shutdown or pressure reduc- Amdt. 195–69, 65 FR 54444, Sept. 8, 2000; Amdt.
195–173, 66 FR 67004, Dec. 27, 2001; Amdt. 195–
tion, to minimize the volume of haz-
93, 74 FR 63329, Dec. 3, 2009; Amdt. 195–98, 78
ardous liquid or carbon dioxide that is FR 58915, Sept. 25, 2013]
released from any section of a pipeline
system in the event of a failure. § 195.403 Emergency response train-
(5) Control of released hazardous liq- ing.
uid or carbon dioxide at an accident (a) Each operator shall establish and
scene to minimize the hazards, includ- conduct a continuing training program
ing possible intentional ignition in the to instruct emergency response per-
cases of flammable highly volatile liq- sonnel to:
uid. (1) Carry out the emergency proce-
(6) Minimization of public exposure dures established under 195.402 that re-
to injury and probability of accidental late to their assignments;
ignition by assisting with evacuation (2) Know the characteristics and haz-
of residents and assisting with halting ards of the hazardous liquids or carbon
traffic on roads and railroads in the af- dioxide transported, including, in case
fected area, or taking other appro- of flammable HVL, flammability of
priate action. mixtures with air, odorless vapors, and
(7) Notifying fire, police, and other water reactions;
appropriate public officials of haz- (3) Recognize conditions that are
ardous liquid or carbon dioxide pipeline likely to cause emergencies, predict
emergencies and coordinating with the consequences of facility malfunc-
tions or failures and hazardous liquids
them preplanned and actual responses
or carbon dioxide spills, and take ap-
during an emergency, including addi-
propriate corrective action;
tional precautions necessary for an
(4) Take steps necessary to control
emergency involving a pipeline system
any accidental release of hazardous liq-
transporting a highly volatile liquid. uid or carbon dioxide and to minimize
(8) In the case of failure of a pipeline the potential for fire, explosion, tox-
system transporting a highly volatile icity, or environmental damage; and
liquid, use of appropriate instruments (5) Learn the potential causes, types,
to assess the extent and coverage of sizes, and consequences of fire and the
the vapor cloud and determine the haz- appropriate use of portable fire extin-
ardous areas. guishers and other on-site fire control
(9) Providing for a post accident re- equipment, involving, where feasible, a
view of employee activities to deter- simulated pipeline emergency condi-
mine whether the procedures were ef- tion.
fective in each emergency and taking (b) At the intervals not exceeding 15
corrective action where deficiencies months, but at least once each cal-
are found. endar year, each operator shall:
591
§ 195.404 49 CFR Ch. I (10–1–15 Edition)
(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
section; and maintained for at least 2 years or until
(2) Make appropriate changes to the the next inspection or test is per-
emergency response training program formed, whichever is longer.
as necessary to ensure that it is effec-
tive. [Amdt. 195–22, 46 FR 38360, July 27, 1981, as
amended by Amdt. 195–34, 50 FR 34474, Aug.
(c) Each operator shall require and 26, 1985; Amdt. 195–173, 66 FR 67004, Dec. 27,
verify that its supervisors maintain a 2001]
thorough knowledge of that portion of
the emergency response procedures es- § 195.405 Protection against ignitions
tablished under 195.402 for which they and safe access/egress involving
are responsible to ensure compliance. floating roofs.
[Amdt. 195–67, 64 FR 46866, Aug. 27, 1999, as (a) After October 2, 2000, protection
amended at Amdt. 195–78, 68 FR 53528, Sept. provided against ignitions arising out
11, 2003] of static electricity, lightning, and
stray currents during operation and
§ 195.404 Maps and records. maintenance activities involving
(a) Each operator shall maintain cur- aboveground breakout tanks must be
rent maps and records of its pipeline in accordance with API RP 2003 (incor-
systems that include at least the fol- porated by reference, see § 195.3), unless
lowing information: the operator notes in the procedural
(1) Location and identification of the manual (§ 195.402(c)) why compliance
following pipeline facilities: with all or certain provisions of API
(i) Breakout tanks; RP 2003 is not necessary for the safety
(ii) Pump stations; of a particular breakout tank.
(iii) Scraper and sphere facilities; (b) The hazards associated with ac-
(iv) Pipeline valves; cess/egress onto floating roofs of in-
(v) Facilities to which § 195.402(c)(9) service aboveground breakout tanks to
applies; perform inspection, service, mainte-
(vi) Rights-of-way; and nance, or repair activities (other than
(vii) Safety devices to which § 195.428 specified general considerations, speci-
applies. fied routine tasks or entering tanks re-
(2) All crossings of public roads, rail- moved from service for cleaning) are
roads, rivers, buried utilities, and for- addressed in API Pub 2026 (incor-
eign pipelines. porated by reference, see § 195.3) . After
(3) The maximum operating pressure October 2, 2000, the operator must re-
of each pipeline. view and consider the potentially haz-
(4) The diameter, grade, type, and ardous conditions, safety practices, and
nominal wall thickness of all pipe. procedures in API Pub 2026 for inclu-
(b) Each operator shall maintain for sion in the procedure manual
at least 3 years daily operating records (§ 195.402(c)).
that indicate—
(1) The discharge pressure at each [Amdt. 195–99,80 FR 187, Jan. 5, 2015; 80 FR
pump station; and 46848, Aug. 6, 2015]
(2) Any emergency or abnormal oper-
ation to which the procedures under § 195.406 Maximum operating pres-
sure.
§ 195.402 apply.
(c) Each operator shall maintain the (a) Except for surge pressures and
following records for the periods speci- other variations from normal oper-
fied: ations, no operator may operate a pipe-
(1) The date, location, and descrip- line at a pressure that exceeds any of
tion of each repair made to pipe shall the following:
be maintained for the useful life of the (1) The internal design pressure of
pipe. the pipe determined in accordance with

(2) The date, location, and descrip- § 195.106. However, for steel pipe in pipe-
tion of each repair made to parts of the lines being converted under § 195.5, if
592
one or more factors of the design for- (b) The communication system re-
mula (§ 195.106) are unknown, one of the quired by paragraph (a) of this section
following pressures is to be used as de- must, as a minimum, include means
sign pressure: for:
(i) Eighty percent of the first test (1) Monitoring operational data as re-
pressure that produces yield under sec- quired by § 195.402(c)(9);
tion N5.0 of appendix N of ASME/ANSI (2) Receiving notices from operator
B31.8 (incorporated by reference, see personnel, the public, and public au-
§ 195.3), reduced by the appropriate fac- thorities of abnormal or emergency
tors in §§ 195.106 (a) and (e); or conditions and sending this informa-
(ii) If the pipe is 12 3⁄4 inch (324 mm) tion to appropriate personnel or gov-
or less outside diameter and is not ernment agencies for corrective action;
tested to yield under this paragraph, (3) Conducting two-way vocal com-
200 p.s.i. (1379 kPa) gage. munication between a control center
(2) The design pressure of any other and the scene of abnormal operations
component of the pipeline. and emergencies; and
(3) Eighty percent of the test pres- (4) Providing communication with
sure for any part of the pipeline which fire, police, and other appropriate pub-
has been pressure tested under subpart lic officials during emergency condi-
E of this part. tions, including a natural disaster.
(4) Eighty percent of the factory test
pressure or of the prototype test pres- § 195.410 Line markers.
sure for any individually installed (a) Except as provided in paragraph
component which is excepted from (b) of this section, each operator shall
testing under § 195.305. place and maintain line markers over
(5) For pipelines under §§ 195.302(b)(1) each buried pipeline in accordance with
and (b)(2)(i) that have not been pres- the following:
sure tested under subpart E of this
(1) Markers must be located at each
part, 80 percent of the test pressure or
public road crossing, at each railroad
highest operating pressure to which
crossing, and in sufficient number
the pipeline was subjected for 4 or more
along the remainder of each buried line
continuous hours that can be dem-
so that its location is accurately
onstrated by recording charts or logs
known.
made at the time the test or operations
(2) The marker must state at least
were conducted.
the following on a background of
(b) No operator may permit the pres-
sharply contrasting color:
sure in a pipeline during surges or
other variations from normal oper- (i) The word ‘‘Warning,’’ ‘‘Caution,’’
ations to exceed 110 percent of the op- or ‘‘Danger’’ followed by the words
erating pressure limit established ‘‘Petroleum (or the name of the haz-
under paragraph (a) of this section. ardous liquid transported) Pipeline’’, or
Each operator must provide adequate ‘‘Carbon Dioxide Pipeline,’’ all of
controls and protective equipment to which, except for markers in heavily
control the pressure within this limit. developed urban areas, must be in let-
ters at least 1 inch (25 millimeters)
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as high with an approximate stroke of 1⁄4
amended by Amdt. 195–33, 50 FR 15899, Apr. inch (6.4 millimeters).
23, 1985; 50 FR 38660, Sept. 24, 1985; Amdt. 195–
(ii) The name of the operator and a
51, 59 FR 29385, June 7, 1994; Amdt. 195–52, 59
FR 33397, June 28, 1994; Amdt. 195–63, 63 FR telephone number (including area code)
37506, July 13, 1998; Amdt. 195–65, 63 FR 59480, where the operator can be reached at
Nov. 4, 1998; Amdt. 195–99, 80 FR 184, Jan. 5, all times.
2015] (b) Line markers are not required for
buried pipelines located—
§ 195.408 Communications. (1) Offshore or at crossings of or
(a) Each operator must have a com- under waterways and other bodies of
munication system to provide for the water; or
transmission of information needed for (2) In heavily developed urban areas

the safe operation of its pipeline sys- such as downtown business centers
tem. where—
593
§ 195.412 49 CFR Ch. I (10–1–15 Edition)
(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
marking at locations where the line is of that pipeline.
above ground in areas that are acces- (2) Promptly, but not later than 7
sible to the public. days after discovery, mark the location
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as of the pipeline in accordance with 33
amended by Amdt. 195–27, 48 FR 25208, June CFR Part 64 at the ends of the pipeline
6, 1983; Amdt. 195–54, 60 FR 14650, Mar. 20, segment and at intervals of not over
1995; Amdt. 195–63, 63 FR 37506, July 13, 1998] 500 yards (457 meters) long, except that
a pipeline segment less than 200 yards
§ 195.412 Inspection of rights-of-way (183 meters) long need only be marked
and crossings under navigable at the center; and
waters.
(3) Within 6 months after discovery,
(a) Each operator shall, at intervals or not later than November 1 of the fol-
not exceeding 3 weeks, but at least 26 lowing year if the 6 month period is
times each calendar year, inspect the later than November 1 of the year of
surface conditions on or adjacent to discovery, bury the pipeline so that the
each pipeline right-of-way. Methods of top of the pipe is 36 inches (914 milli-
inspection include walking, driving, meters) below the underwater natural
flying or other appropriate means of bottom (as determined by recognized
traversing the right-of-way. and generally accepted practices) for
(b) Except for offshore pipelines, each normal excavation or 18 inches (457
operator shall, at intervals not exceed- millimeters) for rock excavation.
ing 5 years, inspect each crossing under (i) An operator may employ engi-
a navigable waterway to determine the neered alternatives to burial that meet
condition of the crossing. or exceed the level of protection pro-
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as vided by burial.
amended by Amdt. 195–24, 47 FR 46852, Oct. (ii) If an operator cannot obtain re-
21, 1982; Amdt. 195–52, 59 FR 33397, June 28, quired state or Federal permits in time
1994] to comply with this section, it must
notify OPS; specify whether the re-
§ 195.413 Underwater inspection and quired permit is State or Federal; and,
reburial of pipelines in the Gulf of justify the delay.
Mexico and its inlets.
(a) Except for gathering lines of 41⁄2 [Amdt. 195–82, 69 FR 48407, Aug. 10, 2004]
inches (114mm) nominal outside diame-
§§ 195.414–195.418 [Reserved]
ter or smaller, each operator shall pre-
pare and follow a procedure to identify § 195.420 Valve maintenance.
its pipelines in the Gulf of Mexico and
its inlets in waters less than 15 feet (4.6 (a) Each operator shall maintain
meters) deep as measured from mean each valve that is necessary for the
low water that are at risk of being an safe operation of its pipeline systems
exposed underwater pipeline or a haz- in good working order at all times.
ard to navigation. The procedures must (b) Each operator shall, at intervals
be in effect August 10, 2005. not exceeding 71⁄2 months, but at least
(b) Each operator shall conduct ap- twice each calendar year, inspect each
propriate periodic underwater inspec- mainline valve to determine that it is
tions of its pipelines in the Gulf of functioning properly.
Mexico and its inlets in waters less (c) Each operator shall provide pro-
than 15 feet (4.6 meters) deep as meas- tection for each valve from unauthor-
ured from mean low water based on the ized operation and from vandalism.
identified risk. [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47

(c) If an operator discovers that its FR 32721, July 29, 1982, as amended by Amdt.
pipeline is an exposed underwater pipe- 195–24, 47 FR 46852, Oct. 21, 1982]
594
§ 195.422 Pipeline repairs. § 195.426 Scraper and sphere facilities.

(a) Each operator shall, in repairing No operator may use a launcher or
its pipeline systems, insure that the re- receiver that is not equipped with a re-
pairs are made in a safe manner and lief device capable of safely relieving
are made so as to prevent damage to pressure in the barrel before insertion
persons or property. or removal of scrapers or spheres. The
(b) No operator may use any pipe, operator must use a suitable device to
valve, or fitting, for replacement in re- indicate that pressure has been re-
pairing pipeline facilities, unless it is lieved in the barrel or must provide a
designed and constructed as required means to prevent insertion or removal
by this part. of scrapers or spheres if pressure has
not been relieved in the barrel.
§ 195.424 Pipe movement.
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47
(a) No operator may move any line FR 32721, July 29, 1982]
pipe, unless the pressure in the line
section involved is reduced to not more § 195.428 Overpressure safety devices
than 50 percent of the maximum oper- and overfill protection systems.
ating pressure. (a) Except as provided in paragraph
(b) No operator may move any pipe- (b) of this section, each operator shall,
line containing highly volatile liquids at intervals not exceeding 15 months,
where materials in the line section in- but at least once each calendar year, or
volved are joined by welding unless— in the case of pipelines used to carry
(1) Movement when the pipeline does highly volatile liquids, at intervals not
not contain highly volatile liquids is to exceed 71⁄2 months, but at least twice
impractical; each calendar year, inspect and test
(2) The procedures of the operator each pressure limiting device, relief
under § 195.402 contain precautions to valve, pressure regulator, or other item
protect the public against the hazard of pressure control equipment to deter-
in moving pipelines containing highly mine that it is functioning properly, is
volatile liquids, including the use of in good mechanical condition, and is
warnings, where necessary, to evacuate adequate from the standpoint of capac-
the area close to the pipeline; and ity and reliability of operation for the
(3) The pressure in that line section service in which it is used.
is reduced to the lower of the fol- (b) In the case of relief valves on
lowing: pressure breakout tanks containing
(i) Fifty percent or less of the max- highly volatile liquids, each operator
imum operating pressure; or shall test each valve at intervals not
exceeding 5 years.
(ii) The lowest practical level that
(c) Aboveground breakout tanks that
will maintain the highly volatile liquid
are constructed or significantly altered
in a liquid state with continuous flow,
according to API Std 2510 (incorporated
but not less than 50 p.s.i. (345 kPa) gage
by reference, see § 195.3) after October 2,
above the vapor pressure of the com-
2000, must have an overfill protection
modity.
system installed according to API Std
(c) No operator may move any pipe-
2510, section 7.1.2. Other aboveground
line containing highly volatile liquids
breakout tanks with 600 gallons (2271
where materials in the line section in-
liters) or more of storage capacity that
volved are not joined by welding un-
are constructed or significantly altered
less—
after October 2, 2000, must have an
(1) The operator complies with para- overfill protection system installed ac-
graphs (b) (1) and (2) of this section; cording to API RP 2350 (incorporated
and by reference, see § 195.3). However, an
(2) That line section is isolated to operator need not comply with any
prevent the flow of highly volatile liq- part of API RP 2350 for a particular
uid. breakout tank if the operator describes
[Amdt. 195–22, 46 FR 38360, July 27, 1981; 46 in the manual required by § 195.402 why
FR 38922, July 30, 1981, as amended by Amdt. compliance with that part is not nec-
195–63, 63 FR 37506, July 13, 1998] essary for safety of the tank.
595
§ 195.430 49 CFR Ch. I (10–1–15 Edition)
(d) After October 2, 2000, the require- section 6.4.3 and the resulting calcula-
ments of paragraphs (a) and (b) of this tion exceeded 20 years, and it has been
section for inspection and testing of more than 20 years since an internal
pressure control equipment apply to inspection was performed, the operator
the inspection and testing of overfill must complete a new internal inspec-
protection systems. tion in accordance with § 195.432(b)(1)
[Amdt. 195–22, 46 FR 38360, July 27, 1981, as by January 5, 2017.
amended by Amdt. 195–24, 47 FR 46852, Oct. (ii) If the internal inspection interval
21, 1982; Amdt. 195–66, 64 FR 15936, Apr. 2, was determined by the prior risk-based
1999, as amended by Amdt. 195–100, 80 FR inspection procedure using API Std 653,
12780, Mar. 11, 2015]
section 6.4.3 and the resulting calcula-
§ 195.430 Firefighting equipment. tion was less than or equal to 20 years,
and the time since the most recent in-
Each operator shall maintain ade- ternal inspection exceeds the re-estab-
quate firefighting equipment at each
lished inspection interval in accord-
pump station and breakout tank area.
ance with § 195.432(b)(1), the operator
The equipment must be—
must complete a new internal inspec-
(a) In proper operating condition at
all times; tion by January 5, 2017.
(b) Plainly marked so that its iden- (iii) If the internal inspection inter-
tity as firefighting equipment is clear; val was not based upon current engi-
and neering and operational information
(c) Located so that it is easily acces- (i.e., actual corrosion rate of floor
sible during a fire. plates, actual remaining thickness of
the floor plates, etc.), the operator
§ 195.432 Inspection of in-service must complete a new internal inspec-
breakout tanks. tion by January 5, 2017 and re-establish
(a) Except for breakout tanks in- a new internal inspection interval in
spected under paragraphs (b) and (c) of accordance with § 195.432(b)(1).
this section, each operator shall, at in- (2) [Reserved]
tervals not exceeding 15 months, but at (c) Each operator must inspect the
least once each calendar year, inspect physical integrity of in-service steel
each in-service breakout tank. aboveground breakout tanks built to
(b) Each operator must inspect the API Std 2510 (incorporated by ref-
physical integrity of in-service atmos- erence, see § 195.3) according to section
pheric and low-pressure steel above- 6 of API Std 510 (incorporated by ref-
ground breakout tanks according to erence, see § 195.3).
API Std 653 (except section 6.4.3, Alter-
(d) The intervals of inspection speci-
native Internal Inspection Interval) (in-
fied by documents referenced in para-
corporated by reference, see § 195.3).
However, if structural conditions pre- graphs (b) and (c) of this section begin
vent access to the tank bottom, its in- on May 3, 1999, or on the operator’s last
tegrity may be assessed according to a recorded date of the inspection, which-
plan included in the operations and ever is earlier.
maintenance manual under [Amdt. 195–66, 64 FR 15936, Apr. 2, 1999, as
§ 195.402(c)(3). The risk-based internal amended by 195–94, 75 FR 48607, Aug. 11, 2010,
inspection procedures in API Std 653, Amdt. 195–99, 80 FR 187, Jan. 5, 2015; 80 FR
section 6.4.3 cannot be used to deter- 46848, Aug. 6, 2015]
mine the internal inspection interval.
(1) Operators who established inter- § 195.434 Signs.
nal inspection intervals based on risk- Each operator must maintain signs
based inspection procedures prior to visible to the public around each pump-
March 6, 2015 must re-establish inter- ing station and breakout tank area.
nal inspection intervals based on API Each sign must contain the name of
Std 653, section 6.4.2 (incorporated by the operator and a telephone number
reference, see § 195.3). (including area code) where the oper-
(i) If the internal inspection interval

ator can be reached at all times.
was determined by the prior risk-based
inspection procedure using API Std 653, [Amdt. 195–78, 68 FR 53528, Sept. 11, 2003]
596
§ 195.436 Security of facilities. (e) The program must include activi-

ties to advise affected municipalities,
Each operator shall provide protec-
school districts, businesses, and resi-
tion for each pumping station and
dents of pipeline facility locations.
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
§ 195.438 Smoking or open flames. transports hazardous liquid or carbon
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 propriate regulatory agencies.
unique attributes and characteristics [Amdt. 195–84, 70 FR 28843, May 19, 2005]
of the operator’s pipeline and facilities.
(c) The operator must follow the gen- § 195.442 Damage prevention program.
eral program recommendations, includ- (a) Except as provided in paragraph
ing baseline and supplemental require- (d) of this section, each operator of a
ments of API RP 1162, unless the oper- buried pipeline must carry out, in ac-
ator provides justification in its pro- cordance with this section, a written
gram or procedural manual as to why program to prevent damage to that
compliance with all or certain provi- pipeline from excavation activities.
sions of the recommended practice is For the purpose of this section, the
not practicable and not necessary for term ‘‘excavation activities’’ includes
safety. excavation, blasting, boring, tunneling,
(d) The operator’s program must spe- backfilling, the removal of above-
cifically include provisions to educate ground structures by either explosive
the public, appropriate government or- or mechanical means, and other
ganizations, and persons engaged in ex- earthmoving operations.
cavation related activities on: (b) An operator may comply with any
(1) Use of a one-call notification sys- of the requirements of paragraph (c) of
tem prior to excavation and other dam- this section through participation in a
age prevention activities; public service program, such as a one-
(2) Possible hazards associated with call system, but such participation
unintended releases from a hazardous does not relieve the operator of the re-
liquid or carbon dioxide pipeline facil- sponsibility for compliance with this
ity; section. However, an operator must
(3) Physical indications that such a perform the duties of paragraph (c)(3)
release may have occurred; of this section through participation in
(4) Steps that should be taken for a one-call system, if that one-call sys-
public safety in the event of a haz- tem is a qualified one-call system. In
ardous liquid or carbon dioxide pipeline areas that are covered by more than
release; and one qualified one-call system, an oper-

(5) Procedures to report such an ator need only join one of the qualified
event. one-call systems if there is a central
597
§ 195.444 49 CFR Ch. I (10–1–15 Edition)
telephone number for excavators to (6) Provide as follows for inspection

call for excavation activities, or if the of pipelines that an operator has rea-
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
responsibilities; and § 195.444 CPM leak detection.
(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
(c) The damage prevention program (without gas in the liquid) must com-
required by paragraph (a) of this sec- ply with API RP 1130 (incorporated by
tion must, at a minimum: reference, see § 195.3) in operating,
(1) Include the identity, on a current maintaining, testing, record keeping,
basis, of persons who normally engage and dispatcher training of the system.
in excavation activities in the area in
[Amdt. 195–62, 63 FR 36376, July 6, 1998, as
which the pipeline is located. amended by Amdt. 195–99, 80 FR 188, Jan. 5,
(2) Provides for notification of the 2015]
public in the vicinity of the pipeline
and actual notification of persons iden- § 195.446 Control room management.
tified in paragraph (c)(1) of this section (a) General. This section applies to
of the following as often as needed to each operator of a pipeline facility
make them aware of the damage pre- with a controller working in a control
vention program: room who monitors and controls all or
(i) The program’s existence and pur- part of a pipeline facility through a
pose; and SCADA system. Each operator must
(ii) How to learn the location of un- have and follow written control room
derground pipelines before excavation management procedures that imple-
activities are begun. ment the requirements of this section.
(3) Provide a means of receiving and The procedures required by this section
recording notification of planned exca- must be integrated, as appropriate,
vation activities. with the operator’s written procedures
(4) If the operator has buried pipe- required by § 195.402. An operator must
lines in the area of excavation activity, develop the procedures no later than
provide for actual notification of per- August 1, 2011, and must implement the
sons who give notice of their intent to procedures according to the following
excavate of the type of temporary schedule. The procedures required by
marking to be provided and how to paragraphs (b), (c)(5), (d)(2) and (d)(3),
identify the markings. (f) and (g) of this section must be im-
(5) Provide for temporary marking of plemented no later than October 1,
buried pipelines in the area of exca- 2011. The procedures required by para-
vation activity before, as far as prac- graphs (c)(1) through (4), (d)(1), (d)(4),
tical, the activity begins. and (e) must be implemented no later
598
than August 1, 2012. The training proce- pipeline safely, at least once each cal-
dures required by paragraph (h) must endar year, but at intervals not to ex-
be implemented no later than August 1, ceed 15 months;
2012, except that any training required (4) Test any backup SCADA systems
by another paragraph of this section at least once each calendar year, but at
must be implemented no later than the intervals not to exceed 15 months; and
deadline for that paragraph. (5) Implement section 5 of API RP
(b) Roles and responsibilities. Each op- 1168 (incorporated by reference, see
erator must define the roles and re- § 195.3) to establish procedures for when
sponsibilities of a controller during a different controller assumes responsi-
normal, abnormal, and emergency op- bility, including the content of infor-
erating conditions. To provide for a mation to be exchanged.
controller’s prompt and appropriate re- (d) Fatigue mitigation. Each operator
sponse to operating conditions, an op- must implement the following methods
erator must define each of the fol- to reduce the risk associated with con-
lowing: troller fatigue that could inhibit a con-
(1) A controller’s authority and re- troller’s ability to carry out the roles
sponsibility to make decisions and and responsibilities the operator has
take actions during normal operations; defined:
(2) A controller’s role when an abnor- (1) Establish shift lengths and sched-
mal operating condition is detected, ule rotations that provide controllers
even if the controller is not the first to off-duty time sufficient to achieve
detect the condition, including the con- eight hours of continuous sleep;
troller’s responsibility to take specific
(2) Educate controllers and super-
actions and to communicate with oth-
visors in fatigue mitigation strategies
ers;
and how off-duty activities contribute
(3) A controller’s role during an
to fatigue;
emergency, even if the controller is not
(3) Train controllers and supervisors
the first to detect the emergency, in-
to recognize the effects of fatigue; and
cluding the controller’s responsibility
to take specific actions and to commu- (4) Establish a maximum limit on
nicate with others; and controller hours-of-service, which may
(4) A method of recording controller provide for an emergency deviation
shift-changes and any hand-over of re- from the maximum limit if necessary
sponsibility between controllers. for the safe operation of a pipeline fa-
(c) Provide adequate information. Each cility.
operator must provide its controllers (e) Alarm management. Each operator
with the information, tools, processes using a SCADA system must have a
and procedures necessary for the con- written alarm management plan to
trollers to carry out the roles and re- provide for effective controller re-
sponsibilities the operator has defined sponse to alarms. An operator’s plan
by performing each of the following: must include provisions to:
(1) Implement API RP 1165 (incor- (1) Review SCADA safety-related
porated by reference, see § 195.3) when- alarm operations using a process that
ever a SCADA system is added, ex- ensures alarms are accurate and sup-
panded or replaced, unless the operator port safe pipeline operations;
demonstrates that certain provisions of (2) Identify at least once each cal-
API RP 1165 are not practical for the endar month points affecting safety
SCADA system used; that have been taken off scan in the
(2) Conduct a point-to-point SCADA host, have had alarms inhib-
verification between SCADA displays ited, generated false alarms, or that
and related field equipment when field have had forced or manual values for
equipment is added or moved and when periods of time exceeding that required
other changes that affect pipeline safe- for associated maintenance or oper-
ty are made to field equipment or ating activities;
SCADA displays; (3) Verify the correct safety-related
(3) Test and verify an internal com- alarm set-point values and alarm de-
munication plan to provide adequate scriptions when associated field instru-
means for manual operation of the ments are calibrated or changed and at
599
§ 195.446 49 CFR Ch. I (10–1–15 Edition)
least once each calendar year, but at (2) Include lessons learned from the
intervals not to exceed 15 months; operator’s experience in the training
(4) Review the alarm management program required by this section.
plan required by this paragraph at (h) Training. Each operator must es-
least once each calendar year, but at tablish a controller training program
intervals not exceeding 15 months, to and review the training program con-
determine the effectiveness of the plan; tent to identify potential improve-
(5) Monitor the content and volume ments at least once each calendar year,
of general activity being directed to but at intervals not to exceed 15
and required of each controller at least months. An operator’s program must
once each calendar year, but at inter- provide for training each controller to
vals not exceeding 15 months, that will carry out the roles and responsibilities
assure controllers have sufficient time defined by the operator. In addition,
to analyze and react to incoming
the training program must include the
alarms; and
following elements:
(6) Address deficiencies identified
(1) Responding to abnormal operating
through the implementation of para-
graphs (e)(1) through (e)(5) of this sec- conditions likely to occur simulta-
tion. neously or in sequence;
(f) Change management. Each operator (2) Use of a computerized simulator
must assure that changes that could or non-computerized (tabletop) method
affect control room operations are co- for training controllers to recognize
ordinated with the control room per- abnormal operating conditions;
sonnel by performing each of the fol- (3) Training controllers on their re-
lowing: sponsibilities for communication under
(1) Implement section 7 of API RP the operator’s emergency response pro-
1168 (incorporated by reference, see cedures;
§ 195.3) for control room management (4) Training that will provide a con-
change and require coordination be- troller a working knowledge of the
tween control room representatives, pipeline system, especially during the
operator’s management, and associated development of abnormal operating
field personnel when planning and im- conditions; and
plementing physical changes to pipe- (5) For pipeline operating setups that
line equipment or configuration; and are periodically, but infrequently used,
(2) Require its field personnel to con- providing an opportunity for control-
tact the control room when emergency lers to review relevant procedures in
conditions exist and when making field advance of their application.
changes that affect control room oper- (i) Compliance validation. Upon re-
ations.
quest, operators must submit their pro-
(g) Operating experience. Each oper-
cedures to PHMSA or, in the case of an
ator must assure that lessons learned
intrastate pipeline facility regulated
from its operating experience are in-
by a State, to the appropriate State
corporated, as appropriate, into its
control room management procedures agency.
by performing each of the following: (j) Compliance and deviations. An oper-
(1) Review accidents that must be re- ator must maintain for review during
ported pursuant to § 195.50 and 195.52 to inspection:
determine if control room actions con- (1) Records that demonstrate compli-
tributed to the event and, if so, cor- ance with the requirements of this sec-
rect, where necessary, deficiencies re- tion; and
lated to: (2) Documentation to demonstrate
(i) Controller fatigue; that any deviation from the procedures
(ii) Field equipment; required by this section was necessary
(iii) The operation of any relief defor the safe operation of the pipeline
vice; facility.
(iv) Procedures;
[Amdt. 195–93, 74 FR 63329, Dec. 3, 2009, as

(v) SCADA system configuration; and amended at 75 FR 5537, Feb. 3, 2010; 76 FR
(vi) SCADA system performance. 35135, June 16, 2011]
600
HIGH CONSEQUENCE AREAS affect a high consequence area.) Cov-

ered pipelines are categorized as fol-
§ 195.450 Definitions. lows:
The following definitions apply to (1) Category 1 includes pipelines ex-
this section and § 195.452: isting on May 29, 2001, that were owned
Emergency flow restricting device or or operated by an operator who owned
EFRD means a check valve or remote or operated a total of 500 or more miles
control valve as follows: of pipeline subject to this part.
(1) Check valve means a valve that (2) Category 2 includes pipelines ex-
permits fluid to flow freely in one di- isting on May 29, 2001, that were owned
rection and contains a mechanism to or operated by an operator who owned
automatically prevent flow in the or operated less than 500 miles of pipe-
other direction. line subject to this part.
(2) Remote control valve or RCV means (3) Category 3 includes pipelines con-
any valve that is operated from a loca- structed or converted after May 29,
tion remote from where the valve is in- 2001.
stalled. The RCV is usually operated by (b) What program and practices must
the supervisory control and data acqui- operators use to manage pipeline integ-
sition (SCADA) system. The linkage rity? Each operator of a pipeline cov-
between the pipeline control center and ered by this section must:
the RCV may be by fiber optics, micro- (1) Develop a written integrity man-
wave, telephone lines, or satellite. agement program that addresses the
High consequence area means: risks on each segment of pipeline in
(1) A commercially navigable waterway, the first column of the following table
which means a waterway where a sub- not later than the date in the second
stantial likelihood of commercial navi- column:
gation exists;
(2) A high population area, which Pipeline Date
means an urbanized area, as defined Category 1 ............................. March 31, 2002.
and delineated by the Census Bureau, Category 2 ............................. February 18, 2003.
that contains 50,000 or more people and Category 3 ............................. 1 year after the date the
has a population density of at least pipeline begins operation.
1,000 people per square mile;
(3) An other populated area, which (2) Include in the program an identi-
means a place, as defined and delin- fication of each pipeline or pipeline
eated by the Census Bureau, that con- segment in the first column of the fol-
tains a concentrated population, such lowing table not later than the date in
as an incorporated or unincorporated the second column:
city, town, village, or other designated Pipeline Date
residential or commercial area;
(4) An unusually sensitive area, as de- Category 1 ............................. December 31, 2001.
Category 2 ............................. November 18, 2002.
fined in § 195.6. Category 3 ............................. Date the pipeline begins op-
[Amdt. 195–70, 65 FR 75405, Dec. 1, 2000] eration.
PIPELINE INTEGRITY MANAGEMENT (3) Include in the program a plan to

carry out baseline assessments of line
§ 195.452 Pipeline integrity manage- pipe as required by paragraph (c) of
ment in high consequence areas. this section.
(a) Which pipelines are covered by this (4) Include in the program a frame-
section? This section applies to each work that—
hazardous liquid pipeline and carbon (i) Addresses each element of the in-
dioxide pipeline that could affect a tegrity management program under
high consequence area, including any paragraph (f) of this section, including
pipeline located in a high consequence continual integrity assessment and
area unless the operator effectively evaluation under paragraph (j) of this
demonstrates by risk assessment that section; and
the pipeline could not affect the area. (ii) Initially indicates how decisions
(Appendix C of this part provides guid- will be made to implement each ele-
ance on determining if a pipeline could ment.
601
§ 195.452 49 CFR Ch. I (10–1–15 Edition)
(5) Implement and follow the pro- (B) Pressure test conducted in ac-
gram. cordance with subpart E of this part;
(6) Follow recognized industry prac- (C) External corrosion direct assess-
tices in carrying out this section, un- ment in accordance with § 195.588; or
less— (D) Other technology that the oper-
(i) This section specifies otherwise; ator demonstrates can provide an
or
equivalent understanding of the condi-
(ii) The operator demonstrates that
tion of the line pipe. An operator
an alternative practice is supported by
a reliable engineering evaluation and choosing this option must notify the
provides an equivalent level of public Office of Pipeline Safety (OPS) 90 days
safety and environmental protection. before conducting the assessment, by
(c) What must be in the baseline assess- sending a notice to the address or fac-
ment plan? (1) An operator must include simile number specified in paragraph
each of the following elements in its (m) of this section.
written baseline assessment plan: (ii) A schedule for completing the in-
(i) The methods selected to assess the tegrity assessment;
integrity of the line pipe. An operator (iii) An explanation of the assess-
must assess the integrity of the line ment methods selected and evaluation
pipe by any of the following methods. of risk factors considered in estab-
The methods an operator selects to as- lishing the assessment schedule.
sess low frequency electric resistance (2) An operator must document, prior
welded pipe or lap welded pipe suscep-
to implementing any changes to the
tible to longitudinal seam failure must
plan, any modification to the plan, and
be capable of assessing seam integrity
and of detecting corrosion and defor- reasons for the modification.
mation anomalies. (d) When must operators complete base-
(A) Internal inspection tool or tools line assessments? Operators must com-
capable of detecting corrosion and de- plete baseline assessments as follows:
formation anomalies including dents, (1) Time periods. Complete assess-
gouges and grooves; 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- mation analysis (see paragraph (g) of
quirements of paragraph (c)(1)(i) of this this section), or from Census Bureau
section for pipelines in the first col- maps, that the population density
umn of the following table, operators around a pipeline segment has changed
may use integrity assessments con- so as to fall within the definition in
ducted after the date in the second col- § 195.450 of a high population area or
umn, if the integrity assessment meth- other populated area, the operator
od complies with this section. However, must incorporate the area into its
if an operator uses this prior assess- baseline assessment plan as a high con-
ment as its baseline assessment, the sequence area within one year from the
operator must reassess the line pipe ac- date the area is identified. An operator
cording to paragraph (j)(3) of this sec-
must complete the baseline assessment
tion. The table follows:
of any line pipe that could affect the
Pipeline Date newly-identified high consequence area
within five years from the date the
Category 1 ............................. January 1, 1996.
Category 2 ............................. February 15, 1997.
area is identified.
(ii) An operator must incorporate a
(3) Newly-identified areas. (i) When in- new unusually sensitive area into its
formation is available from the infor- baseline assessment plan within one
602
year from the date the area is identi- (2) A baseline assessment plan meet-
fied. An operator must complete the ing the requirements of paragraph (c)
baseline assessment of any line pipe of this section;
that could affect the newly-identified (3) An analysis that integrates all
high consequence area within five available information about the integ-
years from the date the area is identi- rity of the entire pipeline and the con-
fied. sequences of a failure (see paragraph
(e) What are the risk factors for estab- (g) of this section);
lishing an assessment schedule (for both (4) Criteria for remedial actions to
the baseline and continual integrity as- address integrity issues raised by the
sessments)? (1) An operator must estab- assessment methods and information
lish an integrity assessment schedule analysis (see paragraph (h) of this sec-
that prioritizes pipeline segments for tion);
assessment (see paragraphs (d)(1) and (5) A continual process of assessment
(j)(3) of this section). An operator must and evaluation to maintain a pipeline’s
base the assessment schedule on all integrity (see paragraph (j) of this sec-
risk factors that reflect the risk condition);
tions on the pipeline segment. The fac- (6) Identification of preventive and
tors an operator must consider include, mitigative measures to protect the
but are not limited to: high consequence area (see paragraph
(i) Results of the previous integrity (i) of this section);
assessment, defect type and size that (7) Methods to measure the program’s
the assessment method can detect, and effectiveness (see paragraph (k) of this
defect growth rate; section);
(ii) Pipe size, material, manufac- (8) A process for review of integrity
turing information, coating type and assessment results and information
condition, and seam type; analysis by a person qualified to evalu-
(iii) Leak history, repair history and ate the results and information (see
cathodic protection history; paragraph (h)(2) of this section).
(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- (4) Information about how a failure
clude, at minimum, each of the fol- would affect the high consequence
lowing elements in its written integ- area, such as location of the water in-
rity management program: take.
(1) A process for identifying which (h) What actions must an operator take
pipeline segments could affect a high to address integrity issues?—(1) General
consequence area; requirements. An operator must take
603
§ 195.452 49 CFR Ch. I (10–1–15 Edition)
prompt action to address all anomalous immediate repair conditions. To main-

conditions the operator discovers tain safety, an operator must tempo-
through the integrity assessment or in- rarily reduce the operating pressure or
formation analysis. In addressing all shut down the pipeline until the oper-
conditions, an operator must evaluate ator completes the repair of these con-
all anomalous conditions and reme- ditions. An operator must calculate the
diate those that could reduce a pipe- temporary reduction in operating pres-
line’s integrity. An operator must be sure using the formulas referenced in
able to demonstrate that the remedi- paragraph (h)(4)(i)(B) of this section. If
ation of the condition will ensure the no suitable remaining strength calcula-
condition is unlikely to pose a threat tion method can be identified, an oper-
to the long-term integrity of the pipe- ator must implement a minimum 20
line. An operator must comply with percent or greater operating pressure
§ 195.422 when making a repair. reduction, based on actual operating
(i) Temporary pressure reduction. An
pressure for two months prior to the
operator must notify PHMSA, in ac-
date of inspection, until the anomaly is
cordance with paragraph (m) of this
repaired. An operator must treat the
section, if the operator cannot meet
the schedule for evaluation and reme- following conditions as immediate re-
diation required under paragraph (h)(3) pair conditions:
of this section and cannot provide safe- (A) Metal loss greater than 80% of
ty through a temporary reduction in nominal wall regardless of dimensions.
operating pressure. (B) A calculation of the remaining
(ii) Long-term pressure reduction. When strength of the pipe shows a predicted
a pressure reduction exceeds 365 days, burst pressure less than the established
the operator must notify PHMSA in ac- maximum operating pressure at the lo-
cordance with paragraph (m) of this cation of the anomaly. Suitable re-
section and explain the reasons for the maining strength calculation methods
delay. An operator must also take fur- include, but are not limited to, ASME/
ther remedial action to ensure the safe- ANSI B31G (incorporated by reference,
ty of the pipeline. see § 195.3) and PRCI PR–3–805 (R–
(2) Discovery of condition. Discovery of STRENG) (incorporated by reference,
a condition occurs when an operator see § 195.3).
has adequate information about the (C) A dent located on the top of the
condition to determine that the condi- pipeline (above the 4 and 8 o’clock posi-
tion presents a potential threat to the tions) that has any indication of metal
integrity of the pipeline. An operator loss, cracking or a stress riser.
must promptly, but no later than 180 (D) A dent located on the top of the
days after an integrity assessment, ob- pipeline (above the 4 and 8 o’clock posi-
tain sufficient information about a tions) with a depth greater than 6% of
condition to make that determination, the nominal pipe diameter.
unless the operator can demonstrate
(E) An anomaly that in the judgment
that the 180-day period is impracti-
of the person designated by the oper-
cable.
ator to evaluate the assessment results
(3) Schedule for evaluation and remedi-
ation. An operator must complete re- requires immediate action.
mediation of a condition according to a (ii) 60-day conditions. Except for con-
schedule prioritizing the conditions for ditions listed in paragraph (h)(4)(i) of
evaluation and remediation. If an oper- this section, an operator must schedule
ator cannot meet the schedule for any evaluation and remediation of the fol-
condition, the operator must explain lowing conditions within 60 days of dis-
the reasons why it cannot meet the covery of condition.
schedule and how the changed schedule (A) A dent located on the top of the
will not jeopardize public safety or en- pipeline (above the 4 and 8 o’clock posi-
vironmental protection. tions) with a depth greater than 3% of
(4) Special requirements for scheduling the pipeline diameter (greater than
remediation—(i) Immediate repair condi- 0.250 inches in depth for a pipeline di-
tions. An operator’s evaluation and re- ameter less than Nominal Pipe Size
mediation schedule must provide for (NPS) 12).
604
(B) A dent located on the bottom of other conditions that an operator

the pipeline that has any indication of should evaluate.
metal loss, cracking or a stress riser. (i) What preventive and mitigative
(iii) 180-day conditions. Except for measures must an operator take to protect
conditions listed in paragraph (h)(4)(i) the high consequence area?—(1) General
or (ii) of this section, an operator must requirements. An operator must take
schedule evaluation and remediation of measures to prevent and mitigate the
the following within 180 days of dis- consequences of a pipeline failure that
covery of the condition: could affect a high consequence area.
(A) A dent with a depth greater than These measures include conducting a
2% of the pipeline’s diameter (0.250 risk analysis of the pipeline segment to
inches in depth for a pipeline diameter identify additional actions to enhance
less than NPS 12) that affects pipe cur- public safety or environmental protec-
vature at a girth weld or a longitudinal tion. Such actions may include, but are
seam weld. not limited to, implementing damage
(B) A dent located on the top of the prevention best practices, better moni-
pipeline (above 4 and 8 o’clock posi- toring of cathodic protection where
tion) with a depth greater than 2% of corrosion is a concern, establishing
the pipeline’s diameter (0.250 inches in shorter inspection intervals, installing
depth for a pipeline diameter less than EFRDs on the pipeline segment, modi-
NPS 12). fying the systems that monitor pres-
(C) A dent located on the bottom of sure and detect leaks, providing addi-
the pipeline with a depth greater than tional training to personnel on re-
6% of the pipeline’s diameter. sponse procedures, conducting drills
(D) A calculation of the remaining with local emergency responders and
strength of the pipe shows an operating adopting other management controls.
pressure that is less than the current (2) Risk analysis criteria. In identi-
established maximum operating pres- fying the need for additional preven-
sure at the location of the anomaly. tive and mitigative measures, an oper-
Suitable remaining strength calcula- ator must evaluate the likelihood of a
tion methods include, but are not lim- pipeline release occurring and how a
ited to, ASME/ANSI B31G and PRCI release could affect the high con-
PR–3–805 (R–STRENG). 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
605
§ 195.452 49 CFR Ch. I (10–1–15 Edition)
evaluate the capability of its leak de- operator must base the assessment in-
tection means and modify, as nec- tervals on the risk the line pipe poses
essary, to protect the high consequence to the high consequence area to deter-
area. An operator’s evaluation must, at mine the priority for assessing the
least, consider, the following factors— pipeline segments. An operator must
length and size of the pipeline, type of establish the assessment intervals
product carried, the pipeline’s prox- based on the factors specified in para-
imity to the high consequence area, graph (e) of this section, the analysis of
the swiftness of leak detection, loca- the results from the last integrity as-
tion of nearest response personnel, leak sessment, and the information analysis
history, and risk assessment results. required by paragraph (g) of this sec-
(4) Emergency Flow Restricting Devices tion.
(EFRD). If an operator determines that (4) Variance from the 5-year intervals in
an EFRD is needed on a pipeline seg- limited situations—(i) Engineering basis.
ment to protect a high consequence An operator may be able to justify an
area in the event of a hazardous liquid engineering basis for a longer assess-
pipeline release, an operator must in- ment interval on a segment of line
stall the EFRD. In making this deter- pipe. The justification must be sup-
mination, an operator must, at least, ported by a reliable engineering eval-
consider the following factors—the uation combined with the use of other
swiftness of leak detection and pipeline technology, such as external moni-
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
606
be capable of assessing seam integrity InformationResourcesManager@dot.gov;

and of detecting corrosion and defor- or
mation anomalies. (2) Sending the notification by mail
(i) Internal inspection tool or tools to ATTN: Information Resources Man-
capable of detecting corrosion and de- ager, DOT/PHMSA/OPS, East Building,
formation anomalies including dents, 2nd Floor, E22–321, 1200 New Jersey Ave
gouges and grooves; SE., Washington, DC 20590.
(ii) Pressure test conducted in ac- [Amdt. 195–70, 65 FR 75406, Dec. 1, 2000, as
cordance with subpart E of this part; amended by Amdt. 195–74, 67 FR 1660, 1661,
(iii) External corrosion direct assess- Jan. 14, 2002; Amdt. 195–76, 67 FR 2143, Jan.
ment in accordance with § 195.588; or 16, 2002; 67 FR 46911, July 17, 2002; 70 FR 11140,
(iv) Other technology that the oper- Mar. 8, 2005; Amdt. 195–85, 70 FR 61576, Oct.
ator demonstrates can provide an 25, 2005; Amdt. 195–87, 72 FR 39017, July 17,
equivalent understanding of the condi- 2007; 73 FR 16571, Mar. 28, 2008; 73 FR 31646,
tion of the line pipe. An operator June 3, 2008; Amdt. 195–94, 75 FR 48607, Aug.
11, 2010; Amdt. 195–99, 80 FR 188, Jan. 5, 2015;
choosing this option must notify OPS Amdt. 195–100, 80 FR 12781, Mar. 11, 2015]
90 days before conducting the assess-
ment, by sending a notice to the ad-
dress or facsimile number specified in Subpart G—Qualification of
paragraph (m) of this section. Pipeline Personnel
(k) What methods to measure program
effectiveness must be used? An operator’s SOURCE: Amdt. 195–67, 64 FR 46866, Aug. 27,
program must include methods to 1999, unless otherwise noted.
measure whether the program is effec-
tive in assessing and evaluating the in- § 195.501 Scope.
tegrity of each pipeline segment and in (a) This subpart prescribes the min-
protecting the high consequence areas. imum requirements for operator quali-
See Appendix C of this part for guid- fication of individuals performing cov-
ance on methods that can be used to ered tasks on a pipeline facility.
evaluate a program’s effectiveness. (b) For the purpose of this subpart, a
(l) What records must an operator keep covered task is an activity, identified
to demonstrate compliance? (1) An oper- by the operator, that:
ator must maintain, for the useful life (1) Is performed on a pipeline facility;
of the pipeline, records that dem- (2) Is an operations or maintenance
onstrate compliance with the require- task;
ments of this subpart. At a minimum, (3) Is performed as a requirement of
an operator must maintain the fol- this part; and
lowing records for review during an in- (4) Affects the operation or integrity
spection: of the pipeline.
(i) A written integrity management
program in accordance with paragraph § 195.503 Definitions.
(b) of this section. Abnormal operating condition means a
(ii) Documents to support the deci- condition identified by the operator
sions and analyses, including any that may indicate a malfunction of a
modifications, justifications, devi- component or deviation from normal
ations and determinations made, operations that may:
variances, and actions taken, to imple- (a) Indicate a condition exceeding de-
ment and evaluate each element of the sign limits; or
integrity management program listed (b) Result in a hazard(s) to persons,
in paragraph (f) of this section. property, or the environment.
(2) See Appendix C of this part for ex- Evaluation means a process, estab-
amples of records an operator would be lished and documented by the operator,
required to keep. to determine an individual’s ability to
(m) How does an operator notify perform a covered task by any of the
PHMSA? An operator must provide any following:
notification required by this section (a) Written examination;
by: (b) Oral examination;

(1) Sending the notification by elec- (c) Work performance history review;
tronic mail to (d) Observation during:
607
§ 195.505 49 CFR Ch. I (10–1–15 Edition)
(1) performance on the job, InformationResourcesManager@dot.gov,

(2) on the job training, or or by mail to ATTN: Information Re-
(3) simulations; sources Manager DOT/PHMSA/OPS,
(e) Other forms of assessment. East Building, 2nd Floor, E22–321, New
Qualified means that an individual Jersey Avenue SE., Washington, DC
has been evaluated and can: 20590.
(a) Perform assigned covered tasks
[Amdt. 195–67, 64 FR 46866, Aug. 27, 1999, as
and amended by Amdt. 195–84, 70 FR 10336, Mar. 3,
(b) Recognize and react to abnormal 2005; Amdt. 195–100, 80 FR 12780, Mar. 11, 2015]
operating conditions.
[Amdt. 195–67, 64 FR 46866, Aug. 27, 1999, as
§ 195.507 Recordkeeping.
amended by Amdt. 195–72, 66 FR 43524, Aug. Each operator shall maintain records
20, 2001] that demonstrate compliance with this
subpart.
§ 195.505 Qualification program. (a) Qualification records shall in-
Each operator shall have and follow a clude:
written qualification program. The (1) Identification of qualified indi-
program shall include provisions to: vidual(s);
(a) Identify covered tasks; (2) Identification of the covered tasks
(b) Ensure through evaluation that the individual is qualified to perform;
individuals performing covered tasks (3) Date(s) of current qualification;
are qualified; and
(c) Allow individuals that are not (4) Qualification method(s).
qualified pursuant to this subpart to (b) Records supporting an individ-
perform a covered task if directed and ual’s current qualification shall be
observed by an individual that is quali- maintained while the individual is per-
fied; forming the covered task. Records of
(d) Evaluate an individual if the oper- prior qualification and records of indi-
ator has reason to believe that the in- viduals no longer performing covered
dividual’s performance of a covered tasks shall be retained for a period of
task contributed to an accident as de- five years.
fined in Part 195;
(e) Evaluate an individual if the oper- § 195.509 General.
ator has reason to believe that the in- (a) Operators must have a written
dividual is no longer qualified to per- qualification program by April 27, 2001.
form a covered task; The program must be available for re-
(f) Communicate changes that affect view by the Administrator or by a
covered tasks to individuals per- state agency participating under 49
forming those covered tasks; U.S.C. Chapter 601 if the program is
(g) Identify those covered tasks and under the authority of that state agen-
the intervals at which evaluation of cy.
the individual’s qualifications is need- (b) Operators must complete the
ed; qualification of individuals performing
(h) After December 16, 2004, provide covered tasks by October 28, 2002.
training, as appropriate, to ensure that (c) Work performance history review
individuals performing covered tasks may be used as a sole evaluation meth-
have the necessary knowledge and od for individuals who were performing
skills to perform the tasks in a manner a covered task prior to October 26, 1999.
that ensures the safe operation of pipe- (d) After October 28, 2002, work per-
line facilities; and formance history may not be used as a
(i) After December 16, 2004, notify the sole evaluation method.
Administrator or a state agency par- (e) After December 16, 2004, observa-
ticipating under 49 U.S.C. Chapter 601 tion of on-the-job performance may not
if the operator significantly modifies be used as the sole method of evalua-
the program after the administrator or tion.
state agency has verified that it com- [Amdt. 195–67, 64 FR 46866, Aug. 27, 1999, as
plies with this section. Notifications to amended by Amdt. 195–72, 66 FR 43524, Aug.
PHMSA may be submitted by elec- 20, 2001; Amdt. 195–84, 70 FR 10336, Mar. 3,
tronic mail to 2005]
608
Subpart H—Corrosion Control § 195.555 What are the qualifications

for supervisors?
SOURCE: Amdt. 195–73, 66 FR 67004, Dec. 27, You must require and verify that su-
2001, unless otherwise noted. pervisors maintain a thorough knowl-
edge of that portion of the corrosion
§ 195.551 What do the regulations in control procedures established under
this subpart cover? § 195.402(c)(3) for which they are respon-
This subpart prescribes minimum re- sible for insuring compliance.
quirements for protecting steel pipe-
lines against corrosion. § 195.557 Which pipelines must have
coating for external corrosion con-
trol?
§ 195.553 What special definitions
apply to this subpart? Except bottoms of aboveground
As used in this subpart— breakout tanks, each buried or sub-
Active corrosion means continuing merged pipeline must have an external
coating for external corrosion control
corrosion which, unless controlled,
if the pipeline is—
could result in a condition that is det-
rimental to public safety or the envi- (a) Constructed, relocated, replaced,
ronment. or otherwise changed after the applica-
ble date in § 195.401(c), not including
Buried means covered or in contact
the movement of pipe covered by
with soil.
§ 195.424; or
Direct assessment means an integrity
(b) Converted under § 195.5 and—
assessment method that utilizes a
(1) Has an external coating that sub-
process to evaluate certain threats
stantially meets § 195.559 before the
(i.e., external corrosion, internal corro-
pipeline is placed in service; or
sion and stress corrosion cracking) to a
(2) Is a segment that is relocated, re-
pipeline segment’s integrity. The proc-
placed, or substantially altered.
ess includes the gathering and integra-
tion of risk factor data, indirect exam- § 195.559 What coating material may I
ination or analysis to identify areas of use for external corrosion control?
suspected corrosion, direct examina-
Coating material for external corro-
tion of the pipeline in these areas, and
sion control under § 195.557 must—
post assessment evaluation.
(a) Be designed to mitigate corrosion
Electrical survey means a series of
of the buried or submerged pipeline;
closely spaced pipe-to-soil readings
(b) Have sufficient adhesion to the
over a pipeline that are subsequently
metal surface to prevent under film
analyzed to identify locations where a
migration of moisture;
corrosive current is leaving the pipe-
(c) Be sufficiently ductile to resist
line.
cracking;
External corrosion direct assessment
(d) Have enough strength to resist
(ECDA) means a four-step process that
damage due to handling and soil stress;
combines pre-assessment, indirect in-
spection, direct examination, and post- (e) Support any supplemental ca-
thodic protection; and
assessment to evaluate the threat of
external corrosion to the integrity of a (f) If the coating is an insulating
type, have low moisture absorption and
pipeline.
provide high electrical resistance.
Pipeline environment includes soil re-
sistivity (high or low), soil moisture § 195.561 When must I inspect pipe
(wet or dry), soil contaminants that coating used for external corrosion
may promote corrosive activity, and control?
other known conditions that could af- (a) You must inspect all external pipe
fect the probability of active corrosion. coating required by § 195.557 just prior
You means operator. to lowering the pipe into the ditch or
[Amdt. 195–73, 66 FR 67004, Dec. 27, 2001, as submerging the pipe.

amended by Amdt. 195–85, 70 FR 61576, Oct. (b) You must repair any coating dam-
25, 2005] age discovered.
609
§ 195.563 49 CFR Ch. I (10–1–15 Edition)
§ 195.563 Which pipelines must have tem in accordance with ANSI/API RP

cathodic protection? 651 (incorporated by reference, see
(a) Each buried or submerged pipe- § 195.3). However, you don’t need to
line that is constructed, relocated, re- comply with ANSI/API RP 651 when in-
placed, or otherwise changed after the stalling any tank for which you note in
applicable date in § 195.401(c) must have the corrosion control procedures estab-
cathodic protection. The cathodic pro- lished under § 195.402(c)(3) why com-
tection must be in operation not later plying with all or certain provisions of
than 1 year after the pipeline is con- ANSI/API RP 651 is not necessary for
structed, relocated, replaced, or other- the safety of the tank.
wise changed, as applicable.
[Amdt. 195–99, 80 FR 188, Jan. 5, 2015]
(b) Each buried or submerged pipe-
line converted under § 195.5 must have
§ 195.567 Which pipelines must have
cathodic protection if the pipeline— test leads and what must I do to in-
(1) Has cathodic protection that sub- stall and maintain the leads?
stantially meets § 195.571 before the
pipeline is placed in service; or (a) General. Except for offshore pipe-
(2) Is a segment that is relocated, re- lines, each buried or submerged pipe-
placed, or substantially altered. line or segment of pipeline under ca-
(c) All other buried or submerged thodic protection required by this sub-
pipelines that have an effective exter- part must have electrical test leads for
nal coating must have cathodic protec- external corrosion control. However,
tion. 1 Except as provided by paragraph this requirement does not apply until
(d) of this section, this requirement December 27, 2004 to pipelines or pipe-
does not apply to breakout tanks and line segments on which test leads were
does not apply to buried piping in not required by regulations in effect
breakout tank areas and pumping sta- before January 28, 2002.
tions until December 29, 2003. (b) Installation. You must install test
(d) Bare pipelines, breakout tank leads as follows:
areas, and buried pumping station pip- (1) Locate the leads at intervals fre-
ing must have cathodic protection in
quent enough to obtain electrical
places where regulations in effect be-
measurements indicating the adequacy
fore January 28, 2002 required cathodic
protection as a result of electrical in- of cathodic protection.
spections. See previous editions of this (2) Provide enough looping or slack
part in 49 CFR, parts 186 to 199. so backfilling will not unduly stress or
(e) Unprotected pipe must have ca- break the lead and the lead will other-
thodic protection if required by wise remain mechanically secure and
§ 195.573(b). electrically conductive.
(3) Prevent lead attachments from
§ 195.565 How do I install cathodic causing stress concentrations on pipe.
protection on breakout tanks? (4) For leads installed in conduits,
After October 2, 2000, when you in- suitably insulate the lead from the
stall cathodic protection under conduit.
§ 195.563(a) to protect the bottom of an (5) At the connection to the pipeline,
aboveground breakout tank of more coat each bared test lead wire and
than 500 barrels 79.49m3 capacity built bared metallic area with an electrical
to API Spec 12F (incorporated by ref- insulating material compatible with
erence, see § 195.3), API Std 620 (incor- the pipe coating and the insulation on
porated by reference, see § 195.3), API the wire.
Std 650 (incorporated by reference, see
(c) Maintenance. You must maintain
§ 195.3), or API Std 650’s predecessor,
Standard 12C, you must install the sys- the test lead wires in a condition that
enables you to obtain electrical meas-
1 A pipeline does not have an effective ex- urements to determine whether ca-
ternal coating material if the current re- thodic protection complies with
quired to cathodically protect the pipeline is § 195.571.

substantially the same as if the pipeline
were bare.
610
§ 195.569 Do I have to examine ex- (1) Determine the areas of active cor-
posed portions of buried pipelines? rosion by electrical survey, or where an
Whenever you have knowledge that electrical survey is impractical, by
any portion of a buried pipeline is ex- other means that include review and
posed, you must examine the exposed analysis of leak repair and inspection
portion for evidence of external corro- records, corrosion monitoring records,
sion if the pipe is bare, or if the coating exposed pipe inspection records, and
is deteriorated. If you find external the pipeline environment.
corrosion requiring corrective action (2) For the period in the first column,
under § 195.585, you must investigate the second column prescribes the fre-
circumferentially and longitudinally quency of evaluation.
beyond the exposed portion (by visual Period Evaluation frequency
examination, indirect method, or both)
to determine whether additional corro- Before December 29, 2003 ... At least once every 5 cal-
endar years, but with inter-
sion requiring remedial action exists in vals not exceeding 63
the vicinity of the exposed portion. months.
Beginning December 29, At least once every 3 cal-
§ 195.571 What criteria must I use to 2003. endar years, but with inter-
determine the adequacy of cathodic vals not exceeding 39
months.
protection?
Cathodic protection required by this (c) Rectifiers and other devices. You
subpart must comply with one or more must electrically check for proper per-
of the applicable criteria and other formance each device in the first col-
considerations for cathodic protection umn at the frequency stated in the sec-
contained paragraphs 6.2.2, 6.2.3, 6.2.4, ond column.
6.2.5 and 6.3 in NACE SP 0169 (incor-
porated by reference, see § 195.3). Device Check frequency
[Amdt. 195–100, 80 FR 12781, Mar. 11, 2015] Rectifier .................................. At least six times each cal-
endar year, but with inter-
vals not exceeding 21⁄2
§ 195.573 What must I do to monitor months.
external corrosion control? Reverse current switch.
Diode.
(a) Protected pipelines. You must do Interference bond whose fail-
the following to determine whether ca- ure would jeopardize struc-
thodic protection required by this sub- tural protection.
part complies with § 195.571:
Other interference bond ........ At least once each calendar
(1) Conduct tests on the protected year, but with intervals not
pipeline at least once each calendar exceeding 15 months.
year, but with intervals not exceeding
15 months. However, if tests at those (d) Breakout tanks. You must inspect
intervals are impractical for separately each cathodic protection system used
protected short sections of bare or inef- to control corrosion on the bottom of
fectively coated pipelines, testing may an aboveground breakout tank to en-
be done at least once every 3 calendar sure that operation and maintenance of
years, but with intervals not exceeding the system are in accordance with API
39 months. RP 651 (incorporated by reference, see
(2) Identify not more than 2 years § 195.3). However, this inspection is not
after cathodic protection is installed, required if you note in the corrosion
the circumstances in which a close-in- control procedures established under
terval survey or comparable tech- § 195.402(c)(3) why complying with all or
nology is practicable and necessary to certain operation and maintenance
accomplish the objectives of paragraph provisions of API RP 651 is not nec-
10.1.1.3 of NACE SP 0169 (incorporated essary for the safety of the tank.
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
611
§ 195.575 49 CFR Ch. I (10–1–15 Edition)
the deficiency as required by hazardous liquid or carbon dioxide on

§ 195.452(h). the pipeline and take adequate steps to
[Amdt. 195–73, 66 FR 67004, Dec. 27, 2001; 67 FR mitigate internal corrosion.
70118, Nov. 20, 2002, as amended by Amdt. 195– (b) Inhibitors. If you use corrosion in-
86, 71 FR 33411, June 9, 2006; Amdt. 195–94, 75 hibitors to mitigate internal corrosion,
FR 48607, Aug. 11, 2010; Amdt. 195–99, 80 FR you must—
188, Jan. 5, 2015] (1) Use inhibitors in sufficient quan-
§ 195.575 Which facilities must I elec- tity to protect the entire part of the
trically isolate and what inspec- pipeline system that the inhibitors are
tions, tests, and safeguards are re- designed to protect;
quired? (2) Use coupons or other monitoring
(a) You must electrically isolate each equipment to determine the effective-
buried or submerged pipeline from ness of the inhibitors in mitigating in-
other metallic structures, unless you ternal corrosion; and
electrically interconnect and cathodi- (3) Examine the coupons or other
cally protect the pipeline and the other monitoring equipment at least twice
structures as a single unit. each calendar year, but with intervals
(b) You must install one or more in- not exceeding 71⁄2 months.
sulating devices where electrical isola- (c) Removing pipe. Whenever you re-
tion of a portion of a pipeline is nec- move pipe from a pipeline, you must
essary to facilitate the application of inspect the internal surface of the pipe
corrosion control. for evidence of corrosion. If you find in-
(c) You must inspect and electrically ternal corrosion requiring corrective
test each electrical isolation to assure action under § 195.585, you must inves-
the isolation is adequate. tigate circumferentially and longitu-
(d) If you install an insulating device dinally beyond the removed pipe (by
in an area where a combustible atmos-
visual examination, indirect method,
phere is reasonable to foresee, you
or both) to determine whether addi-
must take precautions to prevent arc-
ing. tional corrosion requiring remedial ac-
(e) If a pipeline is in close proximity tion exists in the vicinity of the re-
to electrical transmission tower foot- moved pipe.
ings, ground cables, or counterpoise, or (d) Breakout tanks. After October 2,
in other areas where it is reasonable to 2000, when you install a tank bottom
foresee fault currents or an unusual lining in an aboveground breakout
risk of lightning, you must protect the tank built to API Spec 12F (incor-
pipeline against damage from fault porated by reference, see § 195.3), API
currents or lightning and take protec- Std 620 (incorporated by reference, see
tive measures at insulating devices. § 195.3), API Std 650 (incorporated by
reference, see § 195.3), or API Std 650’s
§ 195.577 What must I do to alleviate predecessor, Standard 12C, you must
interference currents? install the lining in accordance with
(a) For pipelines exposed to stray API RP 652 (incorporated by reference,
currents, you must have a program to see § 195.3). However, you don’t need to
identify, test for, and minimize the comply with API RP 652 when install-
detrimental effects of such currents. ing any tank for which you note in the
(b) You must design and install each corrosion control procedures estab-
impressed current or galvanic anode lished under § 195.402(c)(3) why compli-
system to minimize any adverse effects ance with all or certain provisions of
on existing adjacent metallic struc- API RP 652 is not necessary for the
tures.
safety of the tank.
§ 195.579 What must I do to mitigate [Amdt. 195–73, 66 FR 67004, Dec. 27, 2001, as
internal corrosion? amended by Amdt. 195–99, 80 FR 188, Jan. 5,
(a) General. If you transport any haz- 2015]
ardous liquid or carbon dioxide that

would corrode the pipeline, you must
investigate the corrosive effect of the
612
§ 195.581 Which pipelines must I pro- place the pipe. However, you need not
tect against atmospheric corrosion replace the pipe if you—
and what coating material may I (1) Reduce the maximum operating
use? pressure commensurate with the
(a) You must clean and coat each strength of the pipe needed for service-
pipeline or portion of pipeline that is ability based on actual remaining wall
exposed to the atmosphere, except thickness; or
pipelines under paragraph (c) of this (2) Repair the pipe by a method that
section. reliable engineering tests and analyses
(b) Coating material must be suitable show can permanently restore the serv-
for the prevention of atmospheric cor- iceability of the pipe.
rosion. (b) Localized corrosion pitting. If you
(c) Except portions of pipelines in off- find pipe that has localized corrosion
shore splash zones or soil-to-air inter- pitting to a degree that leakage might
faces, you need not protect against at- result, you must replace or repair the
mospheric corrosion any pipeline for pipe, unless you reduce the maximum
which you demonstrate by test, inves- operating pressure commensurate with
tigation, or experience appropriate to the strength of the pipe based on ac-
the environment of the pipeline that tual remaining wall thickness in the
corrosion will— pits.
(1) Only be a light surface oxide; or § 195.587 What methods are available
(2) Not affect the safe operation of to determine the strength of cor-
the pipeline before the next scheduled roded pipe?
inspection. Under § 195.585, you may use the pro-
cedure in ASME/ANSI B31G (incor-
§ 195.583 What must I do to monitor at-
mospheric corrosion control? porated by reference, see § 195.3) or in
PRCI PR–3–805 (R–STRENG) (incor-
(a) You must inspect each pipeline or porated by reference, see § 195.3) to de-
portion of pipeline that is exposed to termine the strength of corroded pipe
the atmosphere for evidence of atmos- based on actual remaining wall thick-
pheric corrosion, as follows: ness. These procedures apply to cor-
If the pipeline is Then the frequency of in-
roded regions that do not penetrate the
located: spection is: pipe wall, subject to the limitations set
out in the respective procedures.
Onshore ................................. At least once every 3 cal-
endar years, but with inter- [Amdt. 195–99, 80 FR 188, Jan. 5, 2015]
vals not exceeding 39
months. § 195.588 What standards apply to di-
Offshore ................................. At least once each calendar
year, but with intervals not
rect assessment?
exceeding 15 months. (a) If you use direct assessment on an
onshore pipeline to evaluate the effects
(b) During inspections you must give of external corrosion, you must follow
particular attention to pipe at soil-to- the requirements of this section for
air interfaces, under thermal insula- performing external corrosion direct
tion, under disbonded coatings, at pipe assessment. This section does not
supports, in splash zones, at deck pene- apply to methods associated with di-
trations, and in spans over water. rect assessment, such as close interval
(c) If you find atmospheric corrosion surveys, voltage gradient surveys, or
during an inspection, you must provide examination of exposed pipelines, when
protection against the corrosion as re- used separately from the direct assess-
quired by § 195.581. ment process.
(b) The requirements for performing
§ 195.585 What must I do to correct external corrosion direct assessment
corroded pipe? are as follows:
(a) General corrosion. If you find pipe (1) General. You must follow the re-
so generally corroded that the remain- quirements of NACE SP0502 (incor-
ing wall thickness is less than that re- porated by reference, see § 195.3). Also,
quired for the maximum operating you must develop and implement a Ex-
pressure of the pipeline, you must re- ternal Corrosion Direct Assessment
613
§ 195.588 49 CFR Ch. I (10–1–15 Edition)
(ECDA) plan that includes procedures (iv) Criteria for scheduling exca-
addressing pre-assessment, indirect ex- vations of indications in each urgency
amination, direct examination, and level.
post-assessment. (4) Direct examination. In addition to
(2) Pre-assessment. In addition to the the requirements in Section 5 of NACE
requirements in Section 3 of NACE SP0502 (incorporated by reference, see
SP0502 (incorporated by reference, see § 195.3), the procedures for direct exam-
§ 195.3), the ECDA plan procedures for ination of indications from the indirect
pre-assessment must include— examination must include—
(i) Provisions for applying more re- (i) Provisions for applying more re-
strictive criteria when conducting strictive criteria when conducting
ECDA for the first time on a pipeline ECDA for the first time on a pipeline
segment; segment;
(ii) The basis on which you select at (ii) Criteria for deciding what action
least two different, but complemen- should be taken if either:
tary, indirect assessment tools to as- (A) Corrosion defects are discovered
sess each ECDA region; and that exceed allowable limits (Section
(iii) If you utilize an indirect inspec- 5.5.2.2 of NACE SP0502 (incorporated by
tion method not described in Appendix reference, see § 195.3) provides guidance
A of NACE SP0502 (incorporated by ref- for criteria); or
erence, see § 195.3), you must dem- (B) Root cause analysis reveals con-
onstrate the applicability, validation ditions for which ECDA is not suitable
basis, equipment used, application pro-
(Section 5.6.2 of NACE SP0502 (incor-
cedure, and utilization of data for the
porated by reference, see § 195.3) pro-
inspection method.
vides guidance for criteria);
(3) Indirect examination. In addition to
(iii) Criteria and notification proce-
the requirements in Section 4 of NACE
dures for any changes in the ECDA
SP0502 (incorporated by reference, see
plan, including changes that affect the
§ 195.3), the procedures for indirect ex-
severity classification, the priority of
amination of the ECDA regions must
include— direct examination, and the time frame
for direct examination of indications;
(i) Provisions for applying more re-
and
strictive criteria when conducting
ECDA for the first time on a pipeline (iv) Criteria that describe how and on
segment; what basis you will reclassify and re-
(ii) Criteria for identifying and docu- prioritize any of the provisions speci-
menting those indications that must be fied in Section 5.9 of NACE SP0502 (in-
considered for excavation and direct corporated by reference, see § 195.3).
examination, including at least the fol- (5) Post assessment and continuing
lowing: evaluation. In addition to the require-
(A) The known sensitivities of assessments in Section 6 of NACE SP 0502
ment tools; (incorporated by reference, see § 195.3),
(B) The procedures for using each the procedures for post assessment of
tool; and the effectiveness of the ECDA process
(C) The approach to be used for de- must include—
creasing the physical spacing of indi- (i) Measures for evaluating the long-
rect assessment tool readings when the term effectiveness of ECDA in address-
presence of a defect is suspected; ing external corrosion in pipeline seg-
(iii) For each indication identified ments; and
during the indirect examination, cri- (ii) Criteria for evaluating whether
teria for— conditions discovered by direct exam-
(A) Defining the urgency of exca- ination of indications in each ECDA re-
vation and direct examination of the gion indicate a need for reassessment
indication; and of the pipeline segment at an interval
less than that specified in Sections 6.2
(B) Defining the excavation urgency

as immediate, scheduled, or monitored; and 6.3 of NACE SP0502 (see appendix D
and
614
Pipeline and Hazardous Materials Safety Administration, DOT Pt. 195, App. A
of NACE SP0502) (incorporated by ref- clusive Federal regulation and enforcement

erence, see § 195.3). the ‘‘interstate pipeline facilities,’’ those
used for the pipeline transportation of haz-
[Amdt. 195–85, 70 FR 61576, Oct. 25, 2005, as ardous liquids in interstate or foreign com-
amended by Amdt. 195–94, 75 FR 48607, Aug. merce. For the remainder of the pipeline fa-
11, 2010] cilities, denominated ‘‘intrastate pipeline fa-
cilities,’’ the HLPSA provides that the same
§ 195.589 What corrosion control infor- Federal regulation and enforcement will
mation do I have to maintain? apply unless a State certifies that it will as-
(a) You must maintain current sume those responsibilities. A certified State
records or maps to show the location must adopt the same minimal standards but
of— may adopt additional more stringent stand-
(1) Cathodically protected pipelines; ards so long as they are compatible. There-
fore, in States which participate in the haz-
(2) Cathodic protection facilities, in-
ardous liquid pipeline safety program
cluding galvanic anodes, installed after through certification, it is necessary to dis-
January 28, 2002; and tinguish the interstate from the intrastate
(3) Neighboring structures bonded to pipeline facilities.
cathodic protection systems. In deciding that an administratively prac-
(b) Records or maps showing a stated tical approach was necessary in distin-
number of anodes, installed in a stated guishing between interstate and intrastate
manner or spacing, need not show spe- liquid pipeline facilities and in determining
cific distances to each buried anode. how best to accomplish this, DOT has logi-
(c) You must maintain a record of cally examined the approach used in the
NGPSA. The NGPSA defines the interstate
each analysis, check, demonstration, gas pipeline facilities subject to exclusive
examination, inspection, investigation, Federal jurisdiction as those subject to the
review, survey, and test required by economic regulatory jurisdiction of the Fed-
this subpart in sufficient detail to dem- eral Energy Regulatory Commission (FERC).
onstrate the adequacy of corrosion con- Experience has proven this approach prac-
trol measures or that corrosion requir- tical. Unlike the NGPSA however, the
ing control measures does not exist. HLPSA has no specific reference to FERC ju-
You must retain these records for at risdiction, but instead defines interstate liq-
uid pipeline facilities by the more commonly
least 5 years, except that records re- used means of specifying the end points of
lated to §§ 195.569, 195.573(a) and (b), and the transportation involved. For example,
195.579(b)(3) and (c) must be retained the economic regulatory jurisdiction of
for as long as the pipeline remains in FERC over the transportation of both gas
service. and liquids by pipeline is defined in much the
same way. In implementing the HLPSA DOT
APPENDIX A TO PART 195—DELINEATION has sought a practicable means of distin-
BETWEEN FEDERAL AND STATE JU- guishing between interstate and intrastate
RISDICTION—STATEMENT OF AGENCY pipeline facilities that provide the requisite
POLICY AND INTERPRETATION degree of certainty to Federal and State en-
forcement personnel and to the regulated en-
In 1979, Congress enacted comprehensive tities. DOT intends that this statement of
safety legislation governing the transpor- agency policy and interpretation provide
tation of hazardous liquids by pipeline, the that certainty.
Hazardous Liquids Pipeline Safety Act of In 1981, DOT decided that the inventory of
1979, 49 U.S.C. 2001 et seq. (HLPSA). The liquid pipeline facilities identified as subject
HLPSA expanded the existing statutory au- to the jurisdiction of FERC approximates
thority for safety regulation, which was lim- the HLPSA category of ‘‘interstate pipeline
ited to transportation by common carriers in facilities.’’ Administrative use of the FERC
interstate and foreign commerce, to trans- inventory has the added benefit of avoiding
portation through facilities used in or affect- the creation of a separate Federal scheme for
ing interstate or foreign commerce. It also determination of jurisdiction over the same
added civil penalty, compliance order, and regulated entities. DOT recognizes that the
injunctive enforcement authorities to the FERC inventory is only an approximation
existing criminal sanctions. Modeled largely and may not be totally satisfactory without
on the Natural Gas Pipeline Safety Act of some modification. The difficulties stem
1968, 49 U.S.C. 1671 et seq. (NGPSA), the from some significant differences in the eco-
HLPSA provides for a national hazardous nomic regulation of liquid and of natural gas
liquid pipeline safety program with nation- pipelines. There is an affirmative assertion
ally uniform minimal standards and with en- of jurisdiction by FERC over natural gas
forcement administered through a Federal- pipelines through the issuance of certificates
State partnership. The HLPSA leaves to ex- of public convenience and necessity prior to
615
Pt. 195, App. A 49 CFR Ch. I (10–1–15 Edition)
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-
of jurisdiction created by the filing by pipe- tation from ‘‘Point C’’ to ‘‘Point D.’’ DOT
line operators of tariffs (or concurrences) for will ignore filing for the line from ‘‘Point A’’
movement of liquids through existing facili- to ‘‘Point B’’ and consider the line to be
ties. Although FERC does police the filings intrastate.
for such matters as compliance with the gen- Example 2. Same as in example 1 except
eral duties of common carriers, the question that P does not file any tariffs with FERC.
of jurisdiction is normally only aired upon DOT will assume jurisdiction of the line be-
complaint. While any person, including tween ‘‘Point C’’ and ‘‘Point D.’’
State or Federal agencies, can avail them- Example 3. Same as in example 1 except
selves of the FERC forum by use of the com- that P files its tariff for the line between
plaint process, that process has only been ‘‘Point C’’ and ‘‘Point D’’ not only with
rarely used to review jurisdictional matters FERC but also with State X. DOT will rely
(probably because of the infrequency of real on the FERC filing as indication of inter-
disputes on the issue). Where the issue has state commerce.
arisen, the reviewing body has noted the Example 4. Same as in example 1 except
need to examine various criteria primarily of that the pipeline from ‘‘Point A’’ to ‘‘Point
an economic nature. DOT believes that, in B’’ (in State X) connects with a pipeline op-
most cases, the formal FERC forum can bet- erated by another company transports liquid
ter receive and evaluate the type of informa- between ‘‘Point B’’ (in State X) and ‘‘Point
tion that is needed to make decisions of this D’’ (in State Y). DOT will rely on the FERC
nature than can DOT. filing as indication of interstate commerce.
In delineating which liquid pipeline facili- Example 5. Same as in example 1 except
ties are interstate pipeline facilities within that the line between ‘‘Point C’’ and ‘‘Point
the meaning of the HLPSA, DOT will gen- D’’ has a lateral line connected to it. The
erally rely on the FERC filings; that is, if lateral is located entirely with State X. DOT
will rely on the existence or non-existence of
there is a tariff or concurrence filed with
a FERC filing covering transportation over
FERC governing the transportation of haz-
that lateral as determinative of interstate
ardous liquids over a pipeline facility or if
commerce.
there has been an exemption from the obliga-
Example 6. Same as in example 1 except
tion to file tariffs obtained from FERC, then
that the certified agency in State X has
DOT will, as a general rule, consider the fa-
brought an enforcement action (under the
cility to be an interstate pipeline facility
pipeline safety laws) against P because of its
within the meaning of the HLPSA. The types
operation of the line between ‘‘Point A’’ and
of situations in which DOT will ignore the ‘‘Point B’’. P has successfully defended
existence or non-existence of a filing with against the action on jurisdictional grounds.
FERC will be limited to those cases in which DOT will assume jurisdiction if necessary to
it appears obvious that a complaint filed avoid the anomaly of a pipeline subject to
with FERC would be successful or in which neither State or Federal safety enforcement.
blind reliance on a FERC filing would result DOT’s assertion of jurisdiction in such a case
in a situation clearly not intended by the would be based on the gap in the state’s en-
HLPSA such as a pipeline facility not being forcement authority rather than a DOT deci-
subject to either State or Federal safety reg- sion that the pipeline is an interstate pipe-
ulation. DOT anticipates that the situations line facility.
in which there is any question about the va- Example 7. Pipeline Company P operates a
lidity of the FERC filings as a ready ref- pipeline that originates on the Outer Conti-
erence will be few and that the actual vari- nental Shelf. P does not file any tariff for
ations from reliance on those filings will be that line with FERC. DOT will consider the
rare. The following examples indicate the pipeline to be an interstate pipeline facility.
types of facilities which DOT believes are Example 8. Pipeline Company P is con-
interstate pipeline facilities subject to the structing a pipeline from ‘‘Point C’’ (in State
HLPSA despite the lack of a filing with X) to ‘‘Point D’’ (in State Y). DOT will con-
FERC and the types of facilities over which sider the pipeline to be an interstate pipeline
DOT will generally defer to the jurisdiction facility.
of a certifying state despite the existence of Example 9. Pipeline company P is con-
a filing with FERC. structing a pipeline from ‘‘Point C’’ to
Example 1. Pipeline company P operates a ‘‘Point E’’ (both in State X) but intends to
pipeline from ‘‘Point A’’ located in State X file tariffs with FERC in the transportation
to ‘‘Point B’’ (also in X). The physical facili- of hazardous liquid in interstate commerce.
ties never cross a state line and do not con- Assuming there is some connection to an
nect with any other pipeline which does interstate pipeline facility, DOT will con-
cross a state line. Pipeline company P also sider this line to be an interstate pipeline fa-
operates another pipeline between ‘‘Point C’’ cility.

in State X and ‘‘Point D’’ in an adjoining Example 10. Pipeline Company P has oper-
State Y. Pipeline company P files a tariff ated a pipeline subject to FERC economic
616
Pipeline and Hazardous Materials Safety Administration, DOT Pt. 195, App. B
regulation. Solely because of some statutory type of pipe or on the pipeline segment’s
economic deregulation, that pipeline is no proximity to populated or environmentally
longer regulated by FERC. DOT will con- sensitive area. Secondly, the classifications
tinue to consider that pipeline to be an must be adjusted based on the pipeline fail-
interstate pipeline facility. ure history, product transported, and the re-
As seen from the examples, the types of lease volume potential.
situations in which DOT will not defer to the Tables 2–6 give definitions of risk classi-
FERC regulatory scheme are generally clear- fication A, B, and C facilities. For the pur-
cut cases. For the remainder of the situa- poses of this rule, pipeline segments con-
tions where variation from the FERC scheme taining high risk electric resistance-welded
would require DOT to replicate the forum al- pipe (ERW pipe) and lapwelded pipe manufac-
ready provided by FERC and to consider eco- tured prior to 1970 and considered a risk clas-
nomic factors better left to that agency, sification C or B facility shall be treated as
DOT will decline to vary its reliance on the the top priority for testing because of the
FERC filings unless, of course, not doing so higher risk associated with the suscepti-
would result in situations clearly not in- bility of this pipe to longitudinal seam fail-
tended by the HLPSA. ures.
[Amdt. 195–33, 50 FR 15899, Apr. 23, 1985] In all cases, operators shall annually, at
intervals not to exceed 15 months, review
APPENDIX B TO PART 195—RISK-BASED their facilities to reassess the classification
ALTERNATIVE TO PRESSURE TESTING and shall take appropriate action within two
OLDER HAZARDOUS LIQUID AND CAR- years or operate the pipeline system at a
BON DIOXIDE PIPELINES lower pressure. Pipeline failures, changes in
the characteristics of the pipeline route, or
RISK-BASED ALTERNATIVE changes in service should all trigger a reas-
This Appendix provides guidance on how a sessment of the originally classification.
risk-based alternative to pressure testing Table 1 explains different levels of test re-
older hazardous liquid and carbon dioxide quirements depending on the inherent risk of
pipelines rule allowed by § 195.303 will work. a given pipeline segment. The overall risk
This risk-based alternative establishes test classification is determined based on the
priorities for older pipelines, not previously type of pipe involved, the facility’s location,
pressure tested, based on the inherent risk of the product transported, the relative volume
a given pipeline segment. The first step is to of flow and pipeline failure history as deter-
determine the classification based on the mined from Tables 2–6.
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
617
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
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 Table 6 is used to establish the PROB-
chronic toxicity to humans, wildlife, and ABILITY OF FAILURE Indicator used in
aquatic life; reactivity; and, volatility, flam- Table 2. The ‘‘Probability of Failure’’ Indi-
mability, and water solubility determine the cator is selected from Table 6 as H or L.
Product Indicator. Comprehensive Environ-
mental Response, Compensation and Liabil- TABLE 6—PROBABILITY OF FAILURE INDICATORS
ity Act Reportable Quantity values can be [in each haz. location]
used as an indication of chronic toxicity. Na-
tional Fire Protection Association health Indicator Failure history (time-dependent defects) 2
factors can be used for rating acute hazards.
H 1 ................ >Three spills in last 10 years.
TABLE 5—VOLUME INDICATORS L .................. ≤Three spills in last 10 years.
H = High L = Low.
Indicator Line size 1 Pipeline segments with greater than three product spills in
the last 10 years should be reviewed for failure causes as de-
H .................. ≥18″. scribed in subnote 2. The pipeline operator should make an
appropriate investigation and reach a decision based on
M ................. 10″–16″ nominal diameters.

L .................. ≤8″ nominal diameter. sound engineering judgment, and be able to demonstrate the
basis of the decision.
H = High M = Moderate L = Low.
618
Pipeline and Hazardous Materials Safety Administration, DOT Pt. 195, App. C
2 Time-Dependent Defects are defects that result in spills
(3) The Bureau of Transportation Statis-
due to corrosion, gouges, or problems developed during man- tics database that includes commercially
ufacture, construction or operation, etc.
navigable waterways and non-commercially
[Amdt. 195–65, 63 FR 59480, Nov. 4, 1998; 64 FR navigable waterways. The database can be
6815, Feb. 11, 1999] downloaded from the BTS website at http://
www.bts.gov/gis/ntatlas/networks.html.
B. The rule requires an operator to include
APPENDIX C TO PART 195—GUIDANCE FOR
a process in its program for identifying
IMPLEMENTATION OF AN INTEGRITY which pipeline segments could affect a high
MANAGEMENT PROGRAM consequence area and to take measures to
prevent and mitigate the consequences of a
This Appendix gives guidance to help an
pipeline failure that could affect a high con-
operator implement the requirements of the
sequence area. (See §§ 195.452 (f) and (i).)
integrity management program rule in
Thus, an operator will need to consider how
§§ 195.450 and 195.452. Guidance is provided on:
each pipeline segment could affect a high
(1) Information an operator may use to consequence area. The primary source for
identify a high consequence area and factors the listed risk factors is a US DOT study on
an operator can use to consider the potential instrumented Internal Inspection devices
impacts of a release on an area; (November 1992). Other sources include the
(2) Risk factors an operator can use to de- National Transportation Safety Board, the
termine an integrity assessment schedule; Environmental Protection Agency and the
(3) Safety risk indicator tables for leak Technical Hazardous Liquid Pipeline Safety
history, volume or line size, age of pipeline, Standards Committee. The following list
and product transported, an operator may provides guidance to an operator on both the
use to determine if a pipeline segment falls mandatory and additional factors:
into a high, medium or low risk category; (1) Terrain surrounding the pipeline. An
(4) Types of internal inspection tools an operator should consider the contour of the
operator could use to find pipeline anoma- land profile and if it could allow the liquid
lies; from a release to enter a high consequence
(5) Measures an operator could use to area. An operator can get this information
measure an integrity management program’s from topographical maps such as U.S. Geo-
performance; and logical Survey quadrangle maps.
(6) Types of records an operator will have (2) Drainage systems such as small streams
to maintain. and other smaller waterways that could
(7) Types of conditions that an integrity serve as a conduit to a high consequence
assessment may identify that an operator area.
should include in its required schedule for (3) Crossing of farm tile fields. An operator
evaluation and remediation. should consider the possibility of a spillage
I. Identifying a high consequence area and in the field following the drain tile into a
factors for considering a pipeline segment’s waterway.
potential impact on a high consequence area. (4) Crossing of roadways with ditches along
A. The rule defines a High Consequence the side. The ditches could carry a spillage
Area as a high population area, an other pop- to a waterway.
ulated area, an unusually sensitive area, or a (5) The nature and characteristics of the
commercially navigable waterway. The Of- product the pipeline is transporting (refined
fice of Pipeline Safety (OPS) will map these products, crude oils, highly volatile liquids,
areas on the National Pipeline Mapping Sys- etc.) Highly volatile liquids becomes gaseous
tem (NPMS). An operator, member of the when exposed to the atmosphere. A spillage
public or other government agency may view could create a vapor cloud that could settle
and download the data from the NPMS home into the lower elevation of the ground pro-
page http://www.npms.phmsa.gov/. OPS will file.
maintain the NPMS and update it periodi- (6) Physical support of the pipeline seg-
cally. However, it is an operator’s responsi- ment such as by a cable suspension bridge.
bility to ensure that it has identified all high An operator should look for stress indicators
consequence areas that could be affected by on the pipeline (strained supports, inad-
a pipeline segment. An operator is also re- equate support at towers), atmospheric cor-
sponsible for periodically evaluating its pipe- rosion, vandalism, and other obvious signs of
line segments to look for population or envi- improper maintenance.
ronmental changes that may have occurred (7) Operating conditions of the pipeline
around the pipeline and to keep its program (pressure, flow rate, etc.). Exposure of the
current with this information. (Refer to pipeline to an operating pressure exceeding
§ 195.452(d)(3).) the established maximum operating pres-
(1) Digital Data on populated areas avail- sure.
able on U.S. Census Bureau maps. (8) The hydraulic gradient of the pipeline.
(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.
619
Pt. 195, App. C 49 CFR Ch. I (10–1–15 Edition)
(10) Potential physical pathways between pede access for spill response or any other
the pipeline and the high consequence area. purpose).
(11) Response capability (time to respond, (17) Physical support of the segment such
nature of response). as by a cable suspension bridge.
(12) Potential natural forces inherent in (18) Non-standard or other than recognized
the area (flood zones, earthquakes, subsid- industry practice on pipeline installation
ence areas, etc.) (e.g., horizontal directional drilling).
II. Risk factors for establishing frequency B. Example: This example illustrates a hy-
of assessment. pothetical model used to establish an integ-
A. By assigning weights or values to the rity assessment schedule for a hypothetical
risk factors, and using the risk indicator ta- pipeline segment. After we determine the
bles, an operator can determine the priority risk factors applicable to the pipeline seg-
for assessing pipeline segments, beginning ment, we then assign values or numbers to
with those segments that are of highest risk, each factor, such as, high (5), moderate (3),
that have not previously been assessed. This or low (1). We can determine an overall risk
list provides some guidance on some of the classification (A, B, C) for the segment using
risk factors to consider (see § 195.452(e)). An the risk tables and a sliding scale (values 5
operator should also develop factors specific to 1) for risk factors for which tables are not
to each pipeline segment it is assessing, in- provided. We would classify a segment as C if
cluding: it fell above 2⁄3 of maximum value (highest
(1) Populated areas, unusually sensitive en- overall risk value for any one segment when
vironmental areas, National Fish Hatcheries, compared with other segments of a pipeline),
commercially navigable waters, areas where a segment as B if it fell between 1⁄3 to 2⁄3 of
people congregate. maximum value, and the remaining seg-
(2) Results from previous testing/inspec- ments as A.
tion. (See § 195.452(h).) i. For the baseline assessment schedule, we
(3) Leak History. (See leak history risk would plan to assess 50% of all pipeline seg-
table.) ments covered by the rule, beginning with
(4) Known corrosion or condition of pipe- the highest risk segments, within the first
line. (See § 195.452(g).) 31⁄2 years and the remaining segments within
(5) Cathodic protection history. the seven-year period. For the continuing in-
(6) Type and quality of pipe coating tegrity assessments, we would plan to assess
(disbonded coating results in corrosion). the C segments within the first two (2) years
(7) Age of pipe (older pipe shows more cor- of the schedule, the segments classified as
rosion—may be uncoated or have an ineffec- moderate risk no later than year three or
tive coating) and type of pipe seam. (See Age four and the remaining lowest risk segments
of Pipe risk table.) no later than year five (5).
(8) Product transported (highly volatile, ii. For our hypothetical pipeline segment,
highly flammable and toxic liquids present a we have chosen the following risk factors
greater threat for both people and the envi- and obtained risk factor values from the ap-
ronment) (see Product transported risk propriate table. The values assigned to the
table.) risk factors are for illustration only.
(9) Pipe wall thickness (thicker walls give
a better safety margin) Age of pipeline: assume 30 years old (refer to
(10) Size of pipe (higher volume release if ‘‘Age of Pipeline’’ risk table)—
the pipe ruptures). Risk Value = 5
(11) Location related to potential ground Pressure tested: tested once during construc-
movement (e.g., seismic faults, rock quar- tion—
ries, and coal mines); climatic (permafrost Risk Value = 5
causes settlement—Alaska); geologic (land- Coated: (yes/no)—yes
slides or subsidence). Coating Condition: Recent excavation of sus-
(12) Security of throughput (effects on cus- pected areas showed holidays in coating
tomers if there is failure requiring shut- (potential corrosion risk)—
down). Risk Value = 5
(13) Time since the last internal inspection/ Cathodically Protected: (yes/no)—yes—Risk
pressure testing. Value = 1
(14) With respect to previously discovered Date cathodic protection installed: five years
defects/anomalies, the type, growth rate, and after pipeline was constructed (Cathodic
size. protection installed within one year of the
(15) Operating stress levels in the pipeline. pipeline’s construction is generally consid-
(16) Location of the pipeline segment as it ered low risk.)—Risk Value = 3
relates to the ability of the operator to de- Close interval survey: (yes/no)—no—Risk
tect and respond to a leak. (e.g., pipelines Value = 5
deep underground, or in locations that make Internal Inspection tool used: (yes/no)—yes.
leak detection difficult without specific sec- Date of pig run? In last five years—Risk
tional monitoring and/or significantly im- Value = 1
620
Pipeline and Hazardous Materials Safety Administration, DOT Pt. 195, App. C
Anomalies found: (yes/no)—yes, but do not PRODUCT TRANSPORTED
pose an immediate safety risk or environ-
mental hazard—Risk Value = 3 Safety
risk
Leak History: yes, one spill in last 10 years. Considerations 1 Product examples
indi-
(refer to ‘‘Leak History’’ risk table)—Risk cator
Value = 2
High ... (Highly volatile and flam- (Propane, butane, Nat-
Product transported: Diesel fuel. Product low mable). ural Gas Liquid (NGL),
risk. (refer to ‘‘Product’’ risk table)—Risk ammonia).
Value = 1 Highly toxic .................... (Benzene, high Hydro-
Pipe size: 16 inches. Size presents moderate gen Sulfide content
risk (refer to ‘‘Line Size’’ risk table)—Risk crude oils).
Me- Flammable—flashpoint (Gasoline, JP4, low
Value = 3 dium. <100F. flashpoint crude oils).
iii. Overall risk value for this hypothetical Low .... Non-flammable— (Diesel, fuel oil, ker-
segment of pipe is 34. Assume we have two flashpoint 100 + F. osene, JP5, most
other pipeline segments for which we con- crude oils).
duct similar risk rankings. The second pipe- 1 The degree of acute and chronic toxicity to humans, wild-
line segment has an overall risk value of 20, life, and aquatic life; reactivity; and, volatility, flammability, and
water solubility determine the Product Indicator. Comprehen-
and the third segment, 11. For the baseline sive Environmental Response, Compensation and Liability Act
assessment we would establish a schedule Reportable Quantity values may be used as an indication of
where we assess the first segment (highest chronic toxicity. National Fire Protection Association health
factors may be used for rating acute hazards.
risk segment) within two years, the second
segment within five years and the third seg- IV. Types of internal inspection tools to
ment within seven years. Similarly, for the use.
continuing integrity assessment, we could An operator should consider at least two
establish an assessment schedule where we types of internal inspection tools for the in-
assess the highest risk segment no later than tegrity assessment from the following list.
the second year, the second segment no later The type of tool or tools an operator selects
than the third year, and the third segment will depend on the results from previous in-
no later than the fifth year. ternal inspection runs, information analysis
and risk factors specific to the pipeline seg-
III. Safety risk indicator tables for leak
ment:
history, volume or line size, age of pipeline,
(1) Geometry Internal inspection tools for
and product transported. detecting changes to ovality, e.g., bends,
dents, buckles or wrinkles, due to construc-
LEAK HISTORY tion flaws or soil movement, or other outside
force damage;
Safety risk Leak history
indicator (Time-dependent defects) 1 (2) Metal Loss Tools (Ultrasonic and Mag-
netic Flux Leakage) for determining pipe
High .......................... >3 Spills in last 10 years wall anomalies, e.g., wall loss due to corro-
Low ........................... <3 Spills in last 10 years sion.
1 Time-dependent defects are those that result in spills due
(3) Crack Detection Tools for detecting
to corrosion, gouges, or problems developed during manufac- cracks and crack-like features, e.g., stress
ture, construction or operation, etc. corrosion cracking (SCC), fatigue cracks,
narrow axial corrosion, toe cracks, hook
LINE SIZE OR VOLUME TRANSPORTED cracks, etc.
V. Methods to measure performance.
Safety risk A. General. (1) This guidance is to help an
Line size
indicator operator establish measures to evaluate the
High .......................... ≥18′
effectiveness of its integrity management
Moderate .................. 10′—16′ nominal diameters program. The performance measures re-
Low ........................... ≤8′ nominal diameter quired will depend on the details of each in-
tegrity management program and will be
based on an understanding and analysis of
AGE OF PIPELINE the failure mechanisms or threats to integ-
rity of each pipeline segment.
Safety risk Age Pipeline condition (2) An operator should select a set of meas-
indicator dependent) 1
urements to judge how well its program is
High .......................... >25 years performing. An operator’s objectives for its
Low ........................... <25 years program are to ensure public safety, prevent
or minimize leaks and spills and prevent
1 Depends on pipeline’s coating & corrosion condition, and
property and environmental damage. A typ-
steel quality, toughness, welding.
ical integrity management program will be
an ongoing program and it may contain

many elements. Therefore, several perform-
ance measure are likely to be needed to
621
Pt. 195, App. C 49 CFR Ch. I (10–1–15 Edition)
measure the effectiveness of an ongoing pro- and quantitative, to an operator’s integrity
gram. management program prepared periodically.
B. Performance measures. These measures (6) A performance measure based on inter-
show how a program to control risk on pipe- nal audits of the operator’s pipeline system
line segments that could affect a high con- per 49 CFR Part 195.
sequence area is progressing under the integ- (7) A performance measure based on exter-
rity management requirements. Perform- nal audits of the operator’s pipeline system
ance measures generally fall into three cat- per 49 CFR Part 195.
egories: (8) A performance measure based on oper-
(1) Selected Activity Measures—Measures ational events (for example: relief occur-
that monitor the surveillance and preventive rences, unplanned valve closure, SCADA out-
activities the operator has implemented. ages, etc.) that have the potential to ad-
These measure indicate how well an operator versely affect pipeline integrity.
is implementing the various elements of its (9) A performance measure to demonstrate
integrity management program. that the operator’s integrity management
(2) Deterioration Measures—Operation and program reduces risk over time with a focus
maintenance trends that indicate when the on high risk items.
integrity of the system is weakening despite (10) A performance measure to dem-
preventive measures. This category of per- onstrate that the operator’s integrity man-
formance measure may indicate that the sys- agement program for pipeline stations and
tem condition is deteriorating despite well terminals reduces risk over time with a
executed preventive activities. focus on high risk items.
(3) Failure Measures—Leak History, inci-
VI. Examples of types of records an oper-
dent response, product loss, etc. These meas-
ator must maintain.
ures will indicate progress towards fewer
The rule requires an operator to maintain
spills and less damage.
C. Internal vs. External Comparisons. These certain records. (See § 195.452(l)). This section
comparisons show how a pipeline segment provides examples of some records that an
that could affect a high consequence area is operator would have to maintain for inspec-
progressing in comparison to the operator’s tion to comply with the requirement. This is
other pipeline segments that are not covered not an exhaustive list.
by the integrity management requirements (1) a process for identifying which pipelines
and how that pipeline segment compares to could affect a high consequence area and a
other operators’ pipeline segments. document identifying all pipeline segments
(1) Internal—Comparing data from the that could affect a high consequence area;
pipeline segment that could affect the high (2) a plan for baseline assessment of the
consequence area with data from pipeline line pipe that includes each required plan
segments in other areas of the system may element;
indicate the effects from the attention given (3) modifications to the baseline plan and
to the high consequence area. reasons for the modification;
(2) External—Comparing data external to (4) use of and support for an alternative
the pipeline segment (e.g., OPS incident practice;
data) may provide measures on the fre- (5) a framework addressing each required
quency and size of leaks in relation to other element of the integrity management pro-
companies. gram, updates and changes to the initial
D. Examples. Some examples of perform- framework and eventual program;
ance measures an operator could use in- (6) a process for identifying a new high
clude— consequence area and incorporating it into
(1) A performance measurement goal to re- the baseline plan, particularly, a process for
duce the total volume from unintended re- identifying population changes around a
leases by -% (percent to be determined by op- pipeline segment;
erator) with an ultimate goal of zero. (7) an explanation of methods selected to
(2) A performance measurement goal to reassess the integrity of line pipe;
duce the total number of unintended releases (8) a process for review of integrity assess-
(based on a threshold of 5 gallons) by ll-% ment results and data analysis by a person
(percent to be determined by operator) with qualified to evaluate the results and data;
an ultimate goal of zero. (9) the process and risk factors for deter-
(3) A performance measurement goal to mining the baseline assessment interval;
document the percentage of integrity man- (10) results of the baseline integrity assess-
agement activities completed during the cal- ment;
endar year. (11) the process used for continual evalua-
(4) A performance measurement goal to tion, and risk factors used for determining
track and evaluate the effectiveness of the the frequency of evaluation;
operator’s community outreach activities. (12) process for integrating and analyzing
(5) A narrative description of pipeline sys- information about the integrity of a pipe-
tem integrity, including a summary of per- line, information and data used for the infor-
formance improvements, both qualitative mation analysis;
622
(13) results of the information analyses and Subpart B—Damage Prevention
periodic evaluations; Requirements
(14) the process and risk factors for estab-
lishing continual re-assessment intervals; 196.101 What is the purpose and scope of this
(15) justification to support any variance subpart?
from the required re-assessment intervals; 196.103 What must an excavator do to pro-
tect underground pipelines from exca-
(16) integrity assessment results and anom-
vation-related damage?
alies found, process for evaluating and reme- 196.105 [Reserved]
diating anomalies, criteria for remedial ac- 196.107 What must an excavator do if a pipe-
tions and actions taken to evaluate and re- line is damaged by excavation activity?
mediate the anomalies; 196.109 What must an excavator do if dam-
(17) other remedial actions planned or age to a pipeline from excavation activ-
taken; ity causes a leak where product is re-
(18) schedule for evaluation and remedi- leased from the pipeline?
ation of anomalies, justification to support 196.111 What if a pipeline operator fails to
deviation from required remediation times; respond to a locate request or fails to ac-
(19) risk analysis used to identify addi- curately locate and mark its pipeline?
tional preventive or mitigative measures,
records of preventive and mitigative actions
Subpart C—Administrative Enforcement
planned or taken; Process
(20) criteria for determining EFRD instal- 196.201 What is the purpose and scope of this
lation; subpart?
(21) criteria for evaluating and modifying 196.203 What is the administrative process
leak detection capability; PHMSA will use to conduct enforcement
(22) methods used to measure the pro- proceedings for alleged violations of ex-
gram’s effectiveness. cavation damage prevention require-
VII. Conditions that may impair a pipe- ments?
line’s integrity. 196.205 Can PHMSA assess administrative
Section 195.452(h) requires an operator to civil penalties for violations?
196.207 What are the maximum administra-
evaluate and remediate all pipeline integrity
tive civil penalties for violations?
issues raised by the integrity assessment or
196.209 May other civil enforcement actions
information analysis. An operator must de- be taken?
velop a schedule that prioritizes conditions 196.211 May criminal penalties be imposed?
discovered on the pipeline for evaluation and
remediation. The following are some exam- AUTHORITY: 49 U.S.C. 60101 et seq.; and 49
ples of conditions that an operator should CFR 1.97.
schedule for evaluation and remediation. SOURCE: 80 FR 43866, July 23, 2015, unless
A. Any change since the previous assess- otherwise noted.
ment.
EFFECTIVE DATE NOTE: At 80 FR 43866, July
B. Mechanical damage that is located on 23, 2015, Part 196 was added, effective Jan. 1,
the top side of the pipe. 2016.
C. An anomaly abrupt in nature.
D. An anomaly longitudinal in orientation.
E. An anomaly over a large area.
Subpart A—General
F. An anomaly located in or near a casing, § 196.1 What is the purpose and scope
a crossing of another pipeline, or an area of this part?
with suspect cathodic protection.
This part prescribes the minimum re-
[Amdt. 195–70, 65 FR 75409, Dec. 1, 2000, as quirements that excavators must fol-
amended by Amdt. 195–74, 67 FR 1661, Jan. 14, low to protect underground pipelines
2002; Amdt. 195–94, 75 FR 48608, Aug. 11, 2010] from excavation-related damage. It
also establishes an enforcement process
PART 196—PROTECTION OF UN- for violations of these requirements.
DERGROUND PIPELINES FROM
EXCAVATION ACTIVITY (Eff. 1–1–
16) Damage or excavation damage means
any excavation activity that results in
the need to repair or replace a pipeline
Subpart A—General
due to a weakening, or the partial or
196.1 What is the purpose and scope of this complete destruction, of the pipeline,
part? including, but not limited to, the pipe,
196.3 Definitions. appurtenances to the pipe, protective
623
§ 196.101 49 CFR Ch. I (10–1–15 Edition)
coatings, support, cathodic protection derground pipeline facilities before ex-

or the housing for the line device or fa- cavating;
cility. (c) Excavate with proper regard for
Excavation refers to excavation ac- the marked location of pipelines an op-
tivities as defined in § 192.614, and cov- erator has established by taking all
ers all excavation activity involving practicable steps to prevent excavation
both mechanized and non-mechanized damage to the pipeline;
equipment, including hand tools. (d) Make additional use of one-call as
Excavator means any person or legal necessary to obtain locating and mark-
entity, public or private, proposing to ing before excavating to ensure that
or engaging in excavation. underground pipelines are not damaged
One-call means a notification system by excavation.
through which a person can notify
pipeline operators of planned exca- § 196.105 [Reserved]
vation to facilitate the locating and
marking of any pipelines in the exca- § 196.107 What must an excavator do if
vation area. a pipeline is damaged by exca-
Pipeline means all parts of those vation activity?
physical facilities through which gas, If a pipeline is damaged in any way
carbon dioxide, or a hazardous liquid by excavation activity, the excavator
moves in transportation, including, but must promptly report such damage to
not limited to, pipe, valves, and other the pipeline operator, whether or not a
appurtenances attached or connected leak occurs, at the earliest practicable
to pipe (including, but not limited to, moment following discovery of the
tracer wire, radio frequency identifica- damage.
tion or other electronic marking sys-
tem devices), pumping units, com- § 196.109 What must an excavator do if
pressor units, metering stations, regu- damage to a pipeline from exca-
lator stations, delivery stations, hold- vation activity causes a leak where
ers, fabricated assemblies, and break- product is released from the pipe-
out tanks. line?
If damage to a pipeline from exca-
Subpart B—Damage Prevention vation activity causes the release of
Requirements any PHMSA regulated natural and
other gas or hazardous liquid as defined
§ 196.101 What is the purpose and in part 192, 193, or 195 of this chapter
scope of this subpart? from the pipeline, the excavator must
This subpart prescribes the minimum promptly report the release to appro-
requirements that excavators must fol- priate emergency response authorities
low to protect pipelines subject to by calling the 911 emergency telephone
PHMSA or State pipeline safety regu- number.
lations from excavation-related dam-
age. § 196.111 What if a pipeline operator
fails to respond to a locate request
§ 196.103 What must an excavator do or fails to accurately locate and
to protect underground pipelines mark its pipeline?
from excavation-related damage? PHMSA may enforce existing re-
Prior to and during excavation activ- quirements applicable to pipeline oper-
ity, the excavator must: ators, including those specified in 49
(a) Use an available one-call system CFR 192.614 and 195.442 and 49 U.S.C.
before excavating to notify operators 60114 if a pipeline operator fails to
of underground pipeline facilities of properly respond to a locate request or
the timing and location of the intended fails to accurately locate and mark its
excavation; pipeline. The limitation in 49 U.S.C.
(b) If underground pipelines exist in 60114(f) does not apply to enforcement
the area, wait for the pipeline operator taken against pipeline operators and
to arrive at the excavation site and es- excavators working for pipeline opera-
tablish and mark the location of its un- tors.
624
Subpart C—Administrative § 196.209 May other civil enforcement

Enforcement Process actions be taken?
Whenever the Associate Adminis-
§ 196.201 What is the purpose and trator has reason to believe that a per-
scope of this subpart? son has engaged, is engaged, or is about
This subpart describes the enforce- to engage in any act or practice consti-
ment authority and sanctions exercised tuting a violation of any provision of 49
by the Associate Administrator for U.S.C. 60101 et seq., or any regulations
Pipeline Safety for achieving and issued thereunder, PHMSA, or the per-
maintaining pipeline safety under this son to whom the authority has been
part. It also prescribes the procedures delegated, may request the Attorney
governing the exercise of that author- General to bring an action in the ap-
ity and the imposition of those sanc- propriate U.S. District Court for such
relief as is necessary or appropriate, in-
tions.
cluding mandatory or prohibitive in-
§ 196.203 What is the administrative junctive relief, interim equitable relief,
process PHMSA will use to conduct civil penalties, and punitive damages
enforcement proceedings for al- as provided under 49 U.S.C. 60120.
leged violations of excavation dam-
age prevention requirements? § 196.211 May criminal penalties be im-
posed?
PHMSA will use the existing admin-
Yes. Criminal penalties may be im-
istrative adjudication process for al-
posed as specified in 49 U.S.C. 60123.
leged pipeline safety violations set
forth in 49 CFR part 190, subpart B.
This process provides for notification PART 197 [RESERVED]
that a probable violation has been com-
mitted, a 30-day period to respond in- PART 198—REGULATIONS FOR
cluding the opportunity to request an GRANTS TO AID STATE PIPELINE
administrative hearing, the issuance of SAFETY PROGRAMS
a final order, and the opportunity to
petition for reconsideration. Subpart A—General
§ 196.205 Can PHMSA assess adminis- Sec.

trative civil penalties for viola- 198.1 Scope.
tions? 198.3 Definitions.
Yes. When the Associate Adminis- Subpart B—Grant Allocation

trator for Pipeline Safety has reason to
198.11 Grant authority.
believe that a person has violated any 198.13 Grant allocation formula.
provision of the 49 U.S.C. 60101 et seq. or
any regulation or order issued there- Subpart C—Adoption of One-Call Damage
under, including a violation of exca- Prevention Program
vation damage prevention require-
198.31 Scope.
ments under this part and 49 U.S.C. 198.33 [Reserved]
60114(d) in a State with an excavation 198.35 Grants conditioned on adoption of
damage prevention law enforcement one-call damage prevention program.
program PHMSA has deemed inad- 198.37 State one-call damage prevention
equate under 49 CFR part 198, subpart program.
D, PHMSA may conduct a proceeding 198.39 Qualifications for operation of one-
call notification system.
to determine the nature and extent of
the violation and to assess a civil pen- Subpart D—State Damage Prevention
alty. Enforcement Programs
§ 196.207 What are the maximum ad- 198.51 What is the purpose and scope of this
ministrative civil penalties for vio- subpart?
lations? 198.53 When and how will PHMSA evaluate
State damage prevention enforcement
The maximum administrative civil programs?

penalties that may be imposed are 198.55 What criteria will PHMSA use in
specified in 49 U.S.C. 60122. evaluating the effectiveness of State
625
§ 198.1 49 CFR Ch. I (10–1–15 Edition)
damage prevention enforcement pro- other underground facilities that par-
grams? ticipate in the system.
198.57 What is the process PHMSA will use
to notify a State that its damage preven-
Person means any individual, firm,
tion enforcement program appears to be joint venture, partnership, corporation,
inadequate? association, state, municipality, coop-
198.59 How may a State respond to a notice erative association, or joint stock asso-
of inadequacy? ciation, and including any trustee, re-
198.61 How is a State notified of PHMSA’s ceiver, assignee, or personal represent-
final decision? ative thereof.
198.63 How may a State with an inadequate
damage prevention enforcement program Underground pipeline facilities means
seek reconsideration by PHMSA? buried pipeline facilities used in the
transportation of gas or hazardous liq-
AUTHORITY: 49 U.S.C. 60105, 60106, 60114; and
49 CFR 1.53. uid subject to the pipeline safety laws
(49 U.S.C. 60101 et seq.).
EFFECTIVE DATE NOTE: At 80 FR 43868, July
23, 2015, the authority citation for Part 198
Secretary means the Secretary of
was revised, effective Jan. 1, 2016. For the Transportation or any person to whom
convenience of the user, the revised text is the Secretary of Transportation has
set forth as follows: delegated authority in the matter con-
AUTHORITY: 49 U.S.C. 60101 et seq.; 49 CFR cerned.
1.97. Seeking to adopt means actively and
SOURCE: 55 FR 38691, Sept. 20, 1990, unless effectively proceeding toward adoption.
otherwise noted. State means each of the several
States, the District of Columbia, and
Subpart A—General the Commonwealth of Puerto Rico.
§ 198.1 Scope. [55 FR 38691, Sept. 20, 1990, as amended by
Amdt. 198–2, 61 FR 18518, Apr. 26, 1996; 68 FR
This part prescribes regulations gov- 11750, Mar. 12, 2003; 70 FR 11140, Mar. 8, 2005]
erning grants-in-aid for State pipeline
safety compliance programs.
Subpart B—Grant Allocation
As used in this part: SOURCE: Amdt. 198–1, 58 FR 10988, Feb. 23,
Administrator means the Adminis- 1993, unless otherwise noted.
rials Safety Administration or his or § 198.11 Grant authority.
her delegate. The pipeline safety laws (49 U.S.C.
Adopt means establish under State 60101 et seq.) authorize the Adminis-
law by statute, regulation, license, cer- trator to pay out funds appropriated or
tification, order, or any combination of otherwise make available up to 80 per-
these legal means. cent of the cost of the personnel, equip-
Excavation activity means an exca- ment, and activities reasonably re-
vation activity defined in § 192.614(a) of quired for each state agency to carry
this chapter, other than a specific ac- out a safety program for intrastate
tivity the State determines would not pipeline facilities under a certification
be expected to cause physical damage or agreement with the Administrator
to underground facilities. or to act as an agent of the Adminis-
Excavator means any person intend- trator with respect to interstate pipe-
ing to engage in an excavation activ- line facilities.
ity.
One-call notification system means a [Amdt. 198–5, 74 FR 62506, Nov. 30, 2009]
communication system that qualifies
§ 198.13 Grant allocation formula.
under this part and the one-call dam-
age prevention program of the State (a) Beginning in calendar year 1993,
concerned in which an operational cen- the Administrator places increasing
ter receives notices from excavators of emphasis on program performance in
intended excavation activities and allocating state agency funds under

transmits the notices to operators of § 198.11. The maximum percent of each
underground pipeline facilities and state agency allocation that is based
626
on performance follows: 1993—75 per- funds available, the Administrator pro-

cent; 1994 and subsequent years—100 rates each state agency’s allocation.
percent. [Amdt. 198–1, 58 FR 10988, Feb. 23, 1993, as
(b) A state’s annual grant allocation amended at 70 FR 11140, Mar. 8, 2005]
is based on maximum of 100 perform-
ance points derived as follows: Subpart C—Adoption of One-Call
(1) Fifty points based on information Damage Prevention Program
provided in the state’s annual certifi-
cation/agreement attachments which § 198.31 Scope.
document its activities for the past This subpart implements parts of the
year; and pipeline safety laws (49 U.S.C. 60101 et
(2) Fifty points based on the annual seq.), which direct the Secretary to re-
state program evaluation. quire each State to adopt a one-call
(c) The Administrator assigns damage prevention program as a condi-
weights to various performance factors tion to receiving a full grant-in-aid for
reflecting program compliance, safety its pipeline safety compliance program.
priorities, and national concerns iden-
[Amdt. 198–2, 61 FR 18518, Apr. 26, 1996]
tified by the Administrator and com-
municated to each State agency. At a § 198.33 [Reserved]
minimum, the Administrator considers
the following performance factors in § 198.35 Grants conditioned on adop-
allocating funds: 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
§ 198.37. If a State has not adopted or is
jurisdiction over pipeline facilities;
not seeking to adopt such program, the
(5) Qualifications of state inspectors;
State agency may not receive the full
(6) Number of state inspection per- reimbursement to which it would oth-
son-days; erwise be entitled.
(7) State adoption of applicable fed-
eral pipeline safety standards; and [Amdt. 198–2, 61 FR 38403, July 24, 1996]
(8) Any other factor the Adminis- § 198.37 State one-call damage preven-
trator deems necessary to measure per- tion program.
formance.
A State must adopt a one-call dam-
(d) Notwithstanding these perform- age prevention program that requires
ance factors, the Administrator may, each of the following at a minimum:
in 1993 and subsequent years, continue (a) Each area of the State that con-
funding any state at the 1991 level, pro- tains underground pipeline facilities
vided its request is at the 1991 level or must be covered by a one-call notifica-
higher and appropriated funds are at tion system.
the 1991 level or higher. (b) Each one-call notification system
(e) The Administrator notifies each 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.
627
§ 198.39 49 CFR Ch. I (10–1–15 Edition)
(3) Specific location, starting date, to civil penalties and injunctive relief
and description of the intended exca- that are substantially the same as are
vation activity. provided under the pipeline safety laws
However, an excavator must be allowed (49 U.S.C. 60101 et seq.).
to begin an excavation activity in an [55 FR 38691, Sept. 20, 1990, as amended by
emergency but, in doing so, required to Amdt. 198–2, 61 FR 18518, Apr. 26, 1996; Amdt.
notify the operational center at the 198–6, 80 FR 188, Jan. 5, 2015]
earliest practicable moment.
(d) The State must determine wheth- § 198.39 Qualifications for operation of
er telephonic and other communica- one-call notification system.
tions to the operational center of a A one-call notification system quali-
one-call notification system under fies to operate under this subpart if it
paragraph (c) of this section are to be complies with the following:
toll free or not. (a) It is operated by one or more of
(e) Except with respect to interstate the following:
transmission facilities as defined in the (1) A person who operates under-
pipeline safety laws (49 U.S.C. 60101 et ground pipeline facilities or other un-
seq.), operators of underground pipeline derground facilities.
facilities must be required to partici- (2) A private contractor.
pate in the one-call notification sys- (3) A State or local government agen-
tems that cover the areas of the State cy.
in which those pipeline facilities are (4) A person who is otherwise eligible
located. under State law to operate a one-call
(f) Operators of underground pipeline notification system.
facilities participating in the one-call (b) It receives and records informa-
notification systems must be required tion from excavators about intended
to respond in the manner prescribed by excavation activities.
§ 192.614 (c)(4) through (c)(6) of this (c) It promptly transmits to the ap-
chapter to notices of intended exca- propriate operators of underground
vation activity received from the oper- pipeline facilities the information re-
ational center of a one-call notification ceived from excavators about intended
system. excavation activities.
(g) Persons who operate one-call no- (d) It maintains a record of each no-
tification systems or operators of un- tice of intent to engage in an exca-
derground pipeline facilities partici- vation activity for the minimum time
pating or required to participate in the set by the State or, in the absence of
one-call notification systems must be such time, for the time specified in the
required to notify the public and applicable State statute of limitations
known excavators in the manner pre- on tort actions.
scribed by § 192.614 (b)(1) and (b)(2) of (e) It tells persons giving notice of an
this chapter of the availability and use intent to engage in an excavation ac-
of one-call notification systems to lo- tivity the names of participating oper-
cate underground pipeline facilities. ators of underground pipeline facilities
However, this paragraph does not apply to whom the notice will be trans-
to persons (including operator’s master mitted.
meters) whose primary activity does
not include the production, transpor- Subpart D—State Damage
tation or marketing of gas or haz- Prevention Enforcement Programs
ardous liquids.
(h) Operators of underground pipeline SOURCE: 80 FR 43868, July 23, 2015, unless
facilities (other than operators of otherwise noted.
interstate transmission facilities as de- EFFECTIVE DATE NOTE: At 80 FR 43868, July
fined in the pipeline safety laws (49 23, 2015, Subpart D was added, effective Jan.
U.S.C. 60101 et seq.), and interstate 1, 2016.
pipelines as defined in § 195.2 of this
chapter), excavators and persons who § 198.51 What is the purpose and scope
of this subpart?
operate one-call notification systems

who violate the applicable require- This subpart establishes standards
ments of this subpart must be subject for effective State damage prevention
628
enforcement programs and prescribes § 198.55 What criteria will PHMSA use
the administrative procedures avail- in evaluating the effectiveness of
able to a State that elects to contest a State damage prevention enforce-
notice of inadequacy. ment programs?
(a) PHMSA will use the following cri-
§ 198.53 When and how will PHMSA teria to evaluate the effectiveness of a
evaluate State damage prevention State excavation damage prevention
enforcement programs? enforcement program:
PHMSA conducts annual program (1) Does the State have the authority
evaluations and certification reviews to enforce its State excavation damage
of State pipeline safety programs. prevention law using civil penalties
PHMSA will also conduct annual re- and other appropriate sanctions for
views of State excavation damage pre- violations?
vention law enforcement programs. (2) Has the State designated a State
agency or other body as the authority
PHMSA will use the criteria described
responsible for enforcement of the
in § 198.55 as the basis for the enforce-
State excavation damage prevention
ment program reviews, utilizing infor- law?
mation obtained from any State agen- (3) Is the State assessing civil pen-
cy or office with a role in the State’s alties and other appropriate sanctions
excavation damage prevention law en- for violations at levels sufficient to
forcement program. If PHMSA finds a deter noncompliance and is the State
State’s enforcement program inad- making publicly available information
equate, PHMSA may take immediate that demonstrates the effectiveness of
enforcement against excavators in that the State’s enforcement program?
State. The State will have five years (4) Does the enforcement authority
from the date of the finding to make (if one exists) have a reliable mecha-
program improvements that meet nism (e.g., mandatory reporting, com-
PHMSA’s criteria for minimum ade- plaint-driven reporting) for learning
quacy. A State that fails to establish about excavation damage to under-
an adequate enforcement program in ground facilities?
accordance with § 198.55 within five (5) Does the State employ excavation
years of the finding of inadequacy may damage investigation practices that
be subject to reduced grant funding es- are adequate to determine the respon-
tablished under 49 U.S.C. 60107. PHMSA sible party or parties when excavation
will determine the amount of the re- damage to underground facilities oc-
curs?
duction using the same process it uses
(6) At a minimum, do the State’s ex-
to distribute the grant funding;
cavation damage prevention require-
PHMSA will factor the findings from
ments include the following:
the annual review of the excavation (i) Excavators may not engage in ex-
damage prevention enforcement pro- cavation activity without first using
gram into the 49 U.S.C. 60107 grant an available one-call notification sys-
funding distribution to State pipeline tem to establish the location of under-
safety programs. The amount of the re- ground facilities in the excavation
duction in 49 U.S.C. 60107 grant funding area.
will not exceed four percent (4%) of (ii) Excavators may not engage in ex-
prior year funding (not cumulative). If cavation activity in disregard of the
a State fails to implement an adequate marked location of a pipeline facility
enforcement program within five years as established by a pipeline operator.
of a finding of inadequacy, the Gov- (iii) An excavator who causes damage
ernor of that State may petition the to a pipeline facility:
Administrator of PHMSA, in writing, (A) Must report the damage to the
for a temporary waiver of the penalty, operator of the facility at the earliest
provided the petition includes a clear practical moment following discovery
plan of action and timeline for achiev- of the damage; and
ing program adequacy. (B) If the damage results in the es-

cape of any PHMSA regulated natural
and other gas or hazardous liquid, must
629
§ 198.57 49 CFR Ch. I (10–1–15 Edition)
promptly report to other appropriate cluding improvements in the State’s

authorities by calling the 911 emer- enforcement program. Upon receiving a
gency telephone number or another petition, PHMSA will reconsider its
emergency telephone number. finding of inadequacy promptly and
(7) Does the State limit exemptions will notify the State of its decision on
for excavators from its excavation reconsideration promptly but no later
damage prevention law? A State must than the time of the next annual cer-
provide to PHMSA a written justifica- tification review.
tion for any exemptions for excavators
from State damage prevention require- PART 199—DRUG AND ALCOHOL
ments. PHMSA will make the written
justifications available to the public.
TESTING
(b) PHMSA may consider individual
Subpart A—General
enforcement actions taken by a State
in evaluating the effectiveness of a Sec.
State’s damage prevention enforce- 199.1 Scope.
ment program. 199.2 Applicability.
199.3 Definitions.
§ 198.57 What is the process PHMSA 199.5 DOT procedures.
will use to notify a State that its 199.7 Stand-down waivers.
damage prevention enforcement 199.9 Preemption of State and local laws.
program appears to be inadequate?
Subpart B—Drug Testing
PHMSA will issue a notice of inad-
equacy to the State in accordance with 199.100 Purpose.
49 CFR 190.5. The notice will state the 199.101 Anti-drug plan.
basis for PHMSA’s determination that 199.103 Use of persons who fail or refuse a
the State’s damage prevention enforce- drug test.
ment program appears inadequate for 199.105 Drug tests required.
199.107 Drug testing laboratory.
purposes of this subpart and set forth
199.109 Review of drug testing results.
the State’s response options. 199.111 [Reserved]
199.113 Employee assistance program.
§ 198.59 How may a State respond to a 199.115 Contractor employees.
notice of inadequacy? 199.117 Recordkeeping.
A State receiving a notice of inad- 199.119 Reporting of anti-drug testing re-
equacy will have 30 days from receipt sults.
of the notice to submit a written re-
sponse to the PHMSA official who Subpart C—Alcohol Misuse Prevention
issued the notice. In its response, the Program
State may include information and ex- 199.200 Purpose.
planations concerning the alleged inad- 199.201 [Reserved]
equacy or contest the allegation of in- 199.202 Alcohol misuse plan.
adequacy and request the notice be 199.203–199.205 [Reserved]
withdrawn. 199.209 Other requirements imposed by oper-
ators.
§ 198.61 How is a State notified of 199.211 Requirement for notice.
PHMSA’s final decision? 199.213 [Reserved]
199.215 Alcohol concentration.
PHMSA will issue a final decision on 199.217 On-duty use.
whether the State’s damage prevention 199.219 Pre-duty use.
enforcement program has been found 199.221 Use following an accident.
inadequate in accordance with 49 CFR 199.223 Refusal to submit to a required alco-
190.5. hol test.
199.225 Alcohol tests required.
§ 198.63 How may a State with an inad- 199.227 Retention of records.
equate damage prevention enforce- 199.229 Reporting of alcohol testing results.
ment program seek reconsideration 199.231 Access to facilities and records.
by PHMSA? 199.233 Removal from covered function.
199.235 Required evaluation and testing.
At any time following a finding of in- 199.237 Other alcohol-related conduct.
adequacy, the State may petition 199.239 Operator obligation to promulgate a

PHMSA to reconsider such finding policy on the misuse of alcohol.
based on changed circumstances in- 199.241 Training for supervisors.
630
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
Subpart A—General Drug and Alcohol Testing Programs
published by the Office of the Sec-
§ 199.1 Scope. retary of Transportation in part 40 of
This part requires operators of pipe- this title.
line facilities subject to part 192, 193, or Fail a drug test means that the con-
195 of this chapter to test covered em- firmation test result shows positive
ployees for the presence of prohibited evidence of the presence under DOT
drugs and alcohol. Procedures of a prohibited drug in an
[Amdt. 199–19, 66 FR 47117, Sept. 11, 2001]
employee’s system.
Operator means a person who owns or
§ 199.2 Applicability. operates pipeline facilities subject to
(a) This part applies to pipeline oper- part 192, 193, or 195 of this chapter.
ators only with respect to employees Pass a drug test means that initial
located within the territory of the testing or confirmation testing under
United States, including those employ- DOT Procedures does not show evi-
ees located within the limits of the dence of the presence of a prohibited
‘‘Outer Continental Shelf ‘‘ as that drug in a person’s system.
term is defined in the Outer Conti- Performs a covered function includes
nental Shelf Lands Act (43 U.S.C. 1331). actually performing, ready to perform,
(b) This part does not apply to any or immediately available to perform a
person for whom compliance with this covered function.
part would violate the domestic laws or Positive rate for random drug testing
policies of another country. means the number of verified positive
(c) This part does not apply to cov- results for random drug tests con-
ered functions performed on— ducted under this part plus the number
(1) Master meter systems, as defined of refusals of random drug tests re-
in § 191.3 of this chapter; or quired by this part, divided by the
(2) Pipeline systems that transport total number of random drug tests re-
only petroleum gas or petroleum gas/ sults (i.e., positives, negatives, and re-
air mixtures.
fusals) under this part.
[Amdt. 199–19, 66 FR 47117, Sept. 11, 2001] Prohibited drug means any of the fol-
lowing substances specified in Schedule
§ 199.3 Definitions. I or Schedule II of the Controlled Sub-
As used in this part— stances Act (21 U.S.C. 812): marijuana,
Accident means an incident report- cocaine, opiates, amphetamines, and
able under part 191 of this chapter in- phencyclidine (PCP).
volving gas pipeline facilities or LNG Refuse to submit, refuse, or refuse to
facilities, or an accident reportable take means behavior consistent with
under part 195 of this chapter involving DOT Procedures concerning refusal to
hazardous liquid pipeline facilities. take a drug test or refusal to take an
Administrator means the Adminis-
alcohol test.
rials Safety Administration or his or
her delegate.
Covered employee, employee, or indi-
vidual to be tested means a person who
performs a covered function, including
persons employed by operators, con-

tractors engaged by operators, and per-
sons employed by such contractors.
631
§ 199.5 49 CFR Ch. I (10–1–15 Edition)
State agency means an agency of any cation does not justify granting the
of the several states, the District of Co- waiver, he or she denies the applica-
lumbia, or Puerto Rico that partici- tion. The Associate Administrator no-
pates under the pipeline safety laws (49 tifies each applicant of the decision to
U.S.C. 60101 et seq.) grant or deny an application.
[53 FR 47096, Nov. 21, 1988, as amended by [Amdt. 199–19, 66 FR 47118, Sept. 11, 2001, as
Amdt. 199–2, 54 FR 51850, Dec. 18, 1989; 59 FR amended at 70 FR 11140, Mar. 8, 2005; 74 FR
62227, Dec. 2, 1994; Amdt. 199–13, 61 FR 18518, 2894, Jan. 16, 2009]
Apr. 26, 1996; Amdt. 199–15, 63 FR 13000, Mar.
17, 1998; Amdt. 199–19, 66 FR 47117, Sept. 11, § 199.9 Preemption of State and local
2001; 68 FR 11750, Mar. 12, 2003; 68 FR 75465, laws.
Dec. 31, 2003; 70 FR 11140, Mar. 8, 2005]
(a) Except as provided in paragraph
§ 199.5 DOT procedures. (b) of this section, this part preempts
any State or local law, rule, regula-
The anti-drug and alcohol programs
tion, or order to the extent that:
required by this part must be con- (1) Compliance with both the State or
ducted according to the requirements
local requirement and this part is not
of this part and DOT Procedures.
possible;
Terms and concepts used in this part
(2) Compliance with the State or
have the same meaning as in DOT Pro-
local requirement is an obstacle to the
cedures. Violations of DOT Procedures
accomplishment and execution of any
with respect to anti-drug and alcohol
requirement in this part; or
programs required by this part are vio-
(3) The State or local requirement is
lations of this part.
a pipeline safety standard applicable to
[Amdt. 199–19, 66 FR 47118, Sept. 11, 2001] interstate pipeline facilities.
(b) This part shall not be construed
§ 199.7 Stand-down waivers. to preempt provisions of State crimi-
(a) Each operator who seeks a waiver nal law that impose sanctions for reck-
under § 40.21 of this title from the less conduct leading to actual loss of
stand-down restriction must submit an life, injury, or damage to property,
application for waiver in duplicate to whether the provisions apply specifi-
the Associate Administrator for Pipe- cally to transportation employees or
line Safety, Pipeline and Hazardous employers or to the general public.
Materials Safety Administration, U.S. [Amdt. 199–9, 59 FR 7430, Feb. 15, 1994. Redes-
Department of Transportation, 1200 ignated and amended by Amdt. 199–19, 66 FR
New Jersey Avenue, SE, Washington, 47119, Sept. 11, 2001]
DC 20590–0001.
(b) Each application must— Subpart B—Drug Testing
(1) Identify § 40.21 of this title as the
rule from which the waiver is sought; § 199.100 Purpose.
(2) Explain why the waiver is re-
The purpose of this subpart is to es-
quested and describe the employees to
tablish programs designed to help pre-
be covered by the waiver;
vent accidents and injuries resulting
(3) Contain the information required
from the use of prohibited drugs by em-
by § 40.21 of this title and any other in-
ployees who perform covered functions
formation or arguments available to
for operators of certain pipeline facili-
support the waiver requested; and
ties subject to part 192, 193, or 195 of
(4) Unless good cause is shown in the
this chapter.
application, be submitted at least 60
days before the proposed effective date [Amdt. 199–19, 66 FR 47118, Sept. 11, 2001]
of the waiver.
(c) No public hearing or other pro- § 199.101 Anti-drug plan.
ceeding is held directly on an applica- (a) Each operator shall maintain and
tion before its disposition under this follow a written anti-drug plan that
section. If the Associate Administrator conforms to the requirements of this
determines that the application con- part and the DOT Procedures. The plan
tains adequate justification, he or she must contain—

grants the waiver. If the Associate Ad- (1) Methods and procedures for com-
ministrator determines that the appli- pliance with all the requirements of
632
this part, including the employee as- § 199.105 Drug tests required.
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 operator 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 Associate Administrator or possible but no later than 32 hours
the State Agency that has submitted a after an accident, an operator shall
current certification under the pipeline drug test each employee whose per-
safety laws (49 U.S.C. 60101 et seq.) with formance either contributed to the ac-
respect to the pipeline facility gov- cident or cannot be completely dis-
erned by an operator’s plans and proce- counted as a contributing factor to the
dures may, after notice and oppor- accident. An operator may decide not
tunity for hearing as provided in 49 to test under this paragraph but such a
CFR 190.206 or the relevant State pro- decision must be based on the best in-
cedures, require the operator to amend formation available immediately after
its plans and procedures as necessary the accident that the employee’s per-
to provide a 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; Amdt. 199–25, 78 FR 58915, vided in paragraphs (c)(2) through (4) of
Sept. 25, 2013] this section, the minimum annual per-
centage rate for random drug testing
§ 199.103 Use of persons who fail or shall be 50 percent of covered employ-
refuse a drug test. ees.
(a) An operator may not knowingly (2) The Administrator’s decision to
use as an employee any person who— increase or decrease the minimum an-
(1) Fails a drug test required by this nual percentage rate for random drug
part and the medical review officer testing is based on the reported posi-
makes a determination under DOT Pro- tive rate for the entire industry. All in-
cedures; or formation used for this determination
is drawn from the drug MIS reports re-
(2) Refuses to take a drug test re-
quired by this subpart. In order to en-
quired by this part.
sure reliability of the data, the Admin-
(b) Paragraph (a)(1) of this section
istrator considers the quality and com-
does not apply to a person who has—
pleteness of the reported data, may ob-
(1) Passed a drug test under DOT Pro- tain additional information or reports
cedures; from operators, and may make appro-
(2) Been considered by the medical priate modifications in calculating the
review officer in accordance with DOT industry positive rate. Each year, the
Procedures and been determined by a Administrator will publish in the FED-
substance abuse professional to have ERAL REGISTER the minimum annual
successfully completed required edu- percentage rate for random drug test-
cation or treatment; and ing of covered employees. The new
(3) Not failed a drug test required by minimum annual percentage rate for
this part after returning to duty. random drug testing will be applicable
[53 FR 47096, Nov. 21, 1988, as amended by starting January 1 of the calendar year
Amdt. 199–2, 54 FR 51850, Dec. 18, 1989. Redes- following publication.

ignated and amended by Amdt. 199–19, 66 FR (3) When the minimum annual per-
47118, Sept. 11, 2001] centage rate for random drug testing is
633
§ 199.105 49 CFR Ch. I (10–1–15 Edition)
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-
age rate for random drug testing deter- tors with 50 or fewer employees subject
mined by the Administrator. If the op- to testing under this part, only one su-
erator conducts random drug testing pervisor of the employee trained in de-
through a consortium, the number of tecting possible drug use symptoms
employees to be tested may be cal- shall substantiate the decision to test.
culated for each individual operator or (e) Return-to-duty testing. A covered
may be based on the total number of employee who refuses to take or has a
covered employees covered by the con- positive drug test may not return to
sortium who are subject to random duty in the covered function until the
drug testing at the same minimum an- covered employee has complied with
nual percentage rate under this sub- applicable provisions of DOT Proce-
part or any DOT drug testing rule. dures concerning substance abuse pro-
(7) Each operator shall ensure that fessionals and the return-to-duty proc-
random drug tests conducted under ess.
this subpart are unannounced and that (f) Follow-up testing. A covered em-
the dates for administering random ployee who refuses to take or has a
tests are spread reasonably throughout positive drug test shall be subject to
the calendar year. unannounced follow-up drug tests ad-
(8) If a given covered employee is ministered by the operator following
subject to random drug testing under the covered employee’s return to duty.
the drug testing rules of more than one The number and frequency of such fol-
DOT agency for the same operator, the low-up testing shall be determined by a
employee shall be subject to random substance abuse professional, but shall
634
consist of at least six tests in the first (c) MRO duties. The MRO must per-
12 months following the covered em- form functions for the operator as re-
ployee’s return to duty. In addition, quired by DOT Procedures.
follow-up testing may include testing (d) MRO reports. The MRO must re-
for alcohol as directed by the substance port all drug test results to the oper-
abuse professional, to be performed in ator in accordance with DOT Proce-
accordance with 49 CFR part 40. Fol- dures.
low-up testing shall not exceed 60 (e) Evaluation and rehabilitation
months from the date of the covered may be provided by the operator, by a
employee’s return to duty. The sub- substance abuse professional under
stance abuse professional may termi- contract with the operator, or by a sub-
nate the requirement for follow-up stance abuse professional not affiliated
testing at any time after the first six with the operator. The choice of sub-
tests have been administered, if the stance abuse professional and assign-
substance abuse professional deter- ment of costs shall be made in accord-
mines that such testing is no longer ance with the operator/employee agree-
necessary. ments and operator/employee policies.
(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
substance abuse professional receives
(a) Each operator shall use for the remuneration or in which the sub-
drug testing required by this part only stance abuse professional has a finan-
drug testing laboratories certified by cial interest. This paragraph does not
the Department of Health and Human prohibit a substance abuse professional
Services under the DOT Procedures. from referring a covered employee for
(b) The drug testing laboratory must assistance provided through:
permit— (1) A public agency, such as a State,
(1) Inspections by the operator before county, or municipality;
the laboratory is awarded a testing (2) The operator or a person under
contract; and contract to provide treatment for drug
(2) Unannounced inspections, includ- problems on behalf of the operator;
ing examination of records, at any (3) The sole source of therapeutically
time, by the operator, the Adminis- appropriate treatment under the em-
trator, and if the operator is subject to ployee’s health insurance program; or
state agency jurisdiction, a representa- (4) The sole source of therapeutically
tive of that state agency. appropriate treatment reasonably ac-
cessible to the employee.
[53 FR 47096, Nov. 21, 1988. Redesignated by
Amdt. 199–19, 66 FR 47118, Sept. 11, 2001] [53 FR 47096, Nov. 21, 1988, as amended by
Amdt. 199–2, 54 FR 51850, Dec. 18, 1989; Amdt.
§ 199.109 Review of drug testing re- 199–15, 63 FR 13000, Mar. 17, 1998; Amdt. 199–
sults. 15, 63 FR 36863, July 8, 1998. Redesignated and
(a) MRO appointment. Each operator 11, 2001]
shall designate or appoint a medical re-
view officer (MRO). If an operator does § 199.111 [Reserved]
not have a qualified individual on staff
to serve as MRO, the operator may § 199.113 Employee assistance pro-
contract for the provision of MRO serv- gram.
ices as part of its anti-drug program. (a) Each operator shall provide an
(b) MRO qualifications. Each MRO employee assistance program (EAP) for
must be a licensed physician who has its employees and supervisory per-
the qualifications required by DOT sonnel who will determine whether an
Procedures. employee must be drug tested based on
635
§ 199.115 49 CFR Ch. I (10–1–15 Edition)
reasonable cause. The operator may es- (1) Records that demonstrate the col-
tablish the EAP as a part of its inter- lection process conforms to this part
nal personnel services or the operator must be kept for at least 3 years.
may contract with an entity that pro- (2) Records of employee drug test
vides EAP services. Each EAP must in- that indicate a verified positive result,
clude education and training on drug records that demonstrate compliance
use. At the discretion of the operator, with the recommendations of a sub-
the EAP may include an opportunity stance abuse professional, and MIS an-
for employee rehabilitation. nual report data shall be maintained
(b) Education under each EAP must for a minimum of five years.
include at least the following elements: (3) Records of employee drug test re-
display and distribution of informa- sults that show employees passed a
tional material; display and distribu- drug test must be kept for at least 1
tion of a community service hot-line year.
telephone number for employee assist- (4) Records confirming that super-
ance; and display and distribution of visors and employees have been trained
the employer’s policy regarding the use as required by this part must be kept
of prohibited drugs. for at least 3 years.
(c) Training under each EAP for su- (b) Information regarding an individ-
pervisory personnel who will determine ual’s drug testing results or rehabilita-
tion must be released upon the written
whether an employee must be drug
consent of the individual and as pro-
tested based on reasonable cause must
vided by DOT Procedures. Statistical
include one 60-minute period of train-
data related to drug testing and reha-
ing on the specific, contemporaneous
bilitation that is not name-specific and
physical, behavioral, and performance
training records must be made avail-
indicators of probable drug use.
able to the Administrator or the rep-
[53 FR 47096, Nov. 21, 1988. Redesignated by resentative of a state agency upon re-
Amdt. 199–19, 66 FR 47118, Sept. 11, 2001] quest.
§ 199.115 Contractor employees. [53 FR 47096, Nov. 21, 1988, as amended at 58
FR 68260, Dec. 23, 1993. Redesignated and
With respect to those employees who amended by Amdt. 199–19, 66 FR 47119, Sept.
are contractors or employed by a con- 11, 2001; 68 FR 75465, Dec. 31, 2003]
tractor, an operator may provide by
contract that the drug testing, edu- § 199.119 Reporting of anti-drug test-
cation, and training required by this ing results.
part be carried out by the contractor (a) Each large operator (having more
provided: than 50 covered employees) shall sub-
(a) The operator remains responsible mit an annual MIS report to PHMSA of
for ensuring that the requirements of its anti-drug testing using the Manage-
this part are complied with; and ment Information System (MIS) form
(b) The contractor allows access to and instructions as required by 49 CFR
property and records by the operator, part 40 (at § 40.25 and appendix H to
the Administrator, and if the operator Part 40), not later than March 15 of
is subject to the jurisdiction of a state each year for the prior calendar year
agency, a representative of the state (January 1 through December 31). The
agency for the purpose of monitoring Administrator shall require by written
the operator’s compliance with the re- notice that small operators (50 or fewer
quirements of this part. covered employees) not otherwise re-
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, PHP–60, 1200 New Jersey Ave-
tion: nue, SE., Washington, DC 20590.
636
(c) To calculate the total number of Subpart C—Alcohol Misuse

covered employees eligible for random Prevention Program
testing throughout the year, as an op-
erator, you must add the total number SOURCE: Amdt. 199–9, 59 FR 7430, Feb. 15,
of covered employees eligible for test- 1994, unless otherwise noted. Redesignated
ing during each random testing period by Amdt. 199–19, 66 FR 47118, Sept. 11, 2001.
for the year and divide that total by
the number of random testing periods. § 199.200 Purpose.
Covered employees, and only covered The purpose of this subpart is to es-
employees, are to be in an employer’s tablish programs designed to help pre-
random testing pool, and all covered vent accidents and injuries resulting
employees must be in the random pool. from the misuse of alcohol by employ-
If you are an employer conducting ran- ees who perform covered functions for
dom testing more often than once per operators of certain pipeline facilities
month (e.g., you select daily, weekly, subject to parts 192, 193, or 195 of this
bi-weekly), you do not need to compute chapter.
this total number of covered employees § 199.201 [Reserved]
rate more than on a once per month
basis. § 199.202 Alcohol misuse plan.
(d) As an employer, you may use a Each operator must maintain and
service agent (e.g., C/TPA) to perform follow a written alcohol misuse plan
random selections for you; and your that conforms to the requirements of
covered employees may be part of a this part and DOT Procedures con-
larger random testing pool of covered cerning alcohol testing programs. The
employees. However, you must ensure plan shall contain methods and proce-
that the service agent you use is test- dures for compliance with all the re-
ing at the appropriate percentage es- quirements of this subpart, including
tablished for your industry and that required testing, recordkeeping, re-
only covered employees are in the ran- porting, education and training ele-
dom testing pool. ments.
(e) Each operator that has a covered [Amdt. 199–9, 59 FR 7430, Feb. 15, 1994, as
employee who performs multi-DOT amended by Amdt. 199–19, 66 FR 47119, Sept.
agency functions (e.g., an employee 11, 2001]
performs pipeline maintenance duties
§§ 199.203–199.205 [Reserved]
and drives a commercial motor vehi-
cle), count the employee only on the § 199.209 Other requirements imposed
MIS report for the DOT agency under by operators.
which he or she is randomly tested. (a) Except as expressly provided in
Normally, this will be the DOT agency this subpart, nothing in this subpart
under which the employee performs shall be construed to affect the author-
more than 50% of his or her duties. Op- ity of operators, or the rights of em-
erators may have to explain the testing ployees, with respect to the use or pos-
data for these employees in the event session of alcohol, including authority
of a DOT agency inspection or audit. and rights with respect to alcohol test-
(f) A service agent (e.g., Consortia/ ing and rehabilitation.
Third Party Administrator as defined (b) Operators may, but are not re-
in 49 CFR part 40) may prepare the MIS quired to, conduct pre-employment al-
report on behalf of an operator. How- cohol testing under this subpart. Each
ever, each report shall be certified by operator that conducts pre-employ-
the operator’s anti-drug manager or ment alcohol testing must—
designated representative for accuracy (1) Conduct a pre-employment alco-
and completeness. hol test before the first performance of
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; 73 FR 16571, Mar. 28, 2008] tion involving the performance of cov-
ered functions);
637
§ 199.211 49 CFR Ch. I (10–1–15 Edition)
(2) Treat all covered employees the § 199.219 Pre-duty use.

same for the purpose of pre-employ- Each operator shall prohibit a cov-
ment alcohol testing (i.e., you must ered employee from using alcohol with-
not test some covered employees and in four hours prior to performing cov-
not others); ered functions, or, if an employee is
(3) Conduct the pre-employment tests called to duty to respond to an emer-
after making a contingent offer of em- gency, within the time period after the
ployment or transfer, subject to the employee has been notified to report
employee passing the pre-employment for duty. No operator having actual
alcohol test; knowledge that a covered employee has
(4) Conduct all pre-employment alco- used alcohol within four hours prior to
hol tests using the alcohol testing pro- performing covered functions or within
cedures in DOT Procedures; and the time period after the employee has
(5) Not allow any covered employee been notified to report for duty shall
permit that covered employee to per-
to begin performing covered functions
form or continue to perform covered
unless the result of the employee’s test
functions.
indicates an alcohol concentration of
less than 0.04. § 199.221 Use following an accident.
[Amdt. 199–9, 59 FR 7430, Feb. 15, 1994, as Each operator shall prohibit a cov-
amended by Amdt. 199–19, 66 FR 47119, Sept. ered employee who has actual knowl-
11, 2001] edge of an accident in which his or her
performance of covered functions has
§ 199.211 Requirement for notice. not been discounted by the operator as
Before performing an alcohol test a contributing factor to the accident
under this subpart, each operator shall from using alcohol for eight hours fol-
notify a covered employee that the al- lowing the accident, unless he or she
has been given a post-accident test
cohol test is required by this subpart.
under § 199.225(a), or the operator has
No operator shall falsely represent that
determined that the employee’s per-
a test is administered under this sub- formance could not have contributed to
part. the accident.
§ 199.213 [Reserved] § 199.223 Refusal to submit to a re-
quired alcohol test.
§ 199.215 Alcohol concentration.
Each operator shall require a covered
Each operator shall prohibit a cov- employee to submit to a post-accident
ered employee from reporting for duty alcohol test required under § 199.225(a),
or remaining on duty requiring the per- a reasonable suspicion alcohol test re-
formance of covered functions while quired under § 199.225(b), or a follow-up
having an alcohol concentration of 0.04 alcohol test required under § 199.225(d).
or greater. No operator having actual No operator shall permit an employee
knowledge that a covered employee has who refuses to submit to such a test to
an alcohol concentration of 0.04 or perform or continue to perform covered
greater shall permit the employee to functions.
perform or continue to perform covered § 199.225 Alcohol tests required.
functions.
Each operator shall conduct the fol-
§ 199.217 On-duty use. lowing types of alcohol tests for the
presence of alcohol:
Each operator shall prohibit a cov- (a) Post-accident. (1) As soon as prac-
ered employee from using alcohol while ticable following an accident, each op-
performing covered functions. No oper- erator shall test each surviving covered
ator having actual knowledge that a employee for alcohol if that employee’s
covered employee is using alcohol performance of a covered function ei-
while performing covered functions ther contributed to the accident or
shall permit the employee to perform cannot be completely discounted as a

or continue to perform covered func- contributing factor to the accident.
tions. The decision not to administer a test
638
under this section shall be based on the (3) Alcohol testing is authorized by
operator’s determination, using the this section only if the observations re-
best available information at the time quired by paragraph (b)(2) of this sec-
of the determination, that the covered tion are made during, just preceding,
employee’s performance could not have or just after the period of the work day
contributed to the accident. that the employee is required to be in
(2)(i) If a test required by this section compliance with this subpart. A cov-
is not administered within 2 hours fol- ered employee may be directed by the
lowing the accident, the operator shall operator to undergo reasonable sus-
prepare and maintain on file a record picion testing for alcohol only while
stating the reasons the test was not the employee is performing covered
promptly administered. If a test re-
functions; just before the employee is
quired by paragraph (a) is not adminis-
to perform covered functions; or just
tered within 8 hours following the acci-
dent, the operator shall cease attempts after the employee has ceased per-
to administer an alcohol test and shall forming covered functions.
state in the record the reasons for not (4)(i) If a test required by this section
administering the test. is not administered within 2 hours fol-
(ii) [Reserved] lowing the determination under para-
(3) A covered employee who is subject graph (b)(2) of this section, the oper-
to post-accident testing who fails to re- ator shall prepare and maintain on file
main readily available for such testing, a record stating the reasons the test
including notifying the operator or op- was not promptly administered. If a
erator representative of his/her loca- test required by this section is not ad-
tion if he/she leaves the scene of the ac- ministered within 8 hours following the
cident prior to submission to such test, determination under paragraph (b)(2) of
may be deemed by the operator to have this section, the operator shall cease
refused to submit to testing. Nothing attempts to administer an alcohol test
in this section shall be construed to re- and shall state in the record the rea-
quire the delay of necessary medical sons for not administering the test.
attention for injured people following Records shall be submitted to PHMSA
an accident or to prohibit a covered upon request of the Administrator.
employee from leaving the scene of an
(ii) [Reserved]
accident for the period necessary to ob-
tain assistance in responding to the ac- (iii) Notwithstanding the absence of a
cident or to obtain necessary emer- reasonable suspicion alcohol test under
gency medical care. this section, an operator shall not per-
(b) Reasonable suspicion testing. (1) mit a covered employee to report for
Each operator shall require a covered duty or remain on duty requiring the
employee to submit to an alcohol test performance of covered functions while
when the operator has reasonable sus- the employee is under the influence of
picion to believe that the employee has or impaired by alcohol, as shown by
violated the prohibitions in this sub- the behavioral, speech, or performance
part. indicators of alcohol misuse, nor shall
(2) The operator’s determination that an operator permit the covered em-
reasonable suspicion exists to require ployee to perform or continue to per-
the covered employee to undergo an al- form covered functions, until:
cohol test shall be based on specific, (A) An alcohol test is administered
contemporaneous, articulable observa- and the employee’s alcohol concentra-
tions concerning the appearance, be- tion measures less than 0.02; or
havior, speech, or body odors of the (B) The start of the employee’s next
employee. The required observations regularly scheduled duty period, but
shall be made by a supervisor who is not less than 8 hours following the de-
trained in detecting the symptoms of
termination under paragraph (b)(2) of
alcohol misuse. The supervisor who
this section that there is reasonable
makes the determination that reason-
suspicion to believe that the employee
able suspicion exists shall not conduct

the breath alcohol test on that em- has violated the prohibitions in this
ployee. subpart.
639
§ 199.227 49 CFR Ch. I (10–1–15 Edition)
(iv) Except as provided in paragraph (b) Period of retention. Each operator

(b)(4)(ii), no operator shall take any ac- shall maintain the records in accord-
tion under this subpart against a cov- ance with the following schedule:
ered employee based solely on the em- (1) Five years. Records of employee al-
ployee’s behavior and appearance in cohol test results with results indi-
the absence of an alcohol test. This cating an alcohol concentration of 0.02
does not prohibit an operator with the or greater, documentation of refusals
authority independent of this subpart to take required alcohol tests, calibra-
from taking any action otherwise con- tion documentation, employee evalua-
sistent with law. tion and referrals, and MIS annual re-
(c) Return-to-duty testing. Each oper- port data shall be maintained for a
ator shall ensure that before a covered minimum of five years.
employee returns to duty requiring the (2) Two years. Records related to the
performance of a covered function after collection process (except calibration
engaging in conduct prohibited by of evidential breath testing devices),
§§ 199.215 through 199.223, the employee and training shall be maintained for a
shall undergo a return-to-duty alcohol minimum of two years.
test with a result indicating an alcohol (3) One year. Records of all test re-
concentration of less than 0.02. sults below 0.02 (as defined in 49 CFR
(d) Follow-up testing. (1) Following a part 40) shall be maintained for a min-
determination under § 199.243(b) that a imum of one year.
covered employee is in need of assist- (c) Types of records. The following
ance in resolving problems associated specific records shall be maintained:
with alcohol misuse, each operator (1) Records related to the collection
shall ensure that the employee is sub- process:
ject to unannounced follow-up alcohol (i) Collection log books, if used.
testing as directed by a substance (ii) Calibration documentation for
abuse professional in accordance with evidential breath testing devices.
the provisions of § 199.243(c)(2)(ii). (iii) Documentation of breath alcohol
(2) Follow-up testing shall be con- technician training.
ducted when the covered employee is (iv) Documents generated in connec-
performing covered functions; just be- tion with decisions to administer rea-
fore the employee is to perform cov- sonable suspicion alcohol tests.
ered functions; or just after the em- (v) Documents generated in connec-
ployee has ceased performing such tion with decisions on post- accident
functions. tests.
(e) Retesting of covered employees with (vi) Documents verifying existence of
an alcohol concentration of 0.02 or greater a medical explanation of the inability
but less than 0.04. Each operator shall of a covered employee to provide ade-
retest a covered employee to ensure quate breath for testing.
compliance with the provisions of (2) Records related to test results:
§ 199.237, if an operator chooses to per- (i) The operator’s copy of the alcohol
mit the employee to perform a covered test form, including the results of the
function within 8 hours following the test.
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, 62246, Dec. 2, 1994; (iii) Documents presented by a cov-
Amdt. 199–19, 66 FR 47119, Sept. 11, 2001; 70 ered employee to dispute the result of
FR 11140, March 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.
640
(ii) Records concerning a covered em- ardous Materials Safety Administra-

ployee’s compliance with the rection, U.S. Department of Transpor-
ommendations of the substance abuse tation, PHP–60, 1200 New Jersey Ave-
professional. nue, SE., Washington, DC 20590–0001.
(5) Record(s) related to the operator’s (d) A service agent (e.g., Consortia/
MIS annual testing data. Third Party Administrator as defined
(6) Records related to education and in part 40) may prepare the MIS report
training: on behalf of an operator. However, each
(i) Materials on alcohol misuse report shall be certified by the opera-
awareness, including a copy of the op- tor’s anti-drug manager or designated
erator’s policy on alcohol misuse. representative for accuracy and com-
(ii) Documentation of compliance pleteness.
with the requirements of § 199.231. [68 FR 75466, Dec. 31, 2003, as amended by
(iii) Documentation of training pro- Amdt. 199–20, 69 FR 32898, June 14, 2004; 70 FR
vided to supervisors for the purpose of 11140, Mar. 8, 2005; 73 FR 16571, Mar. 28, 2008;
qualifying the supervisors to make a 74 FR 2895, Jan. 16, 2009]
determination concerning the need for
alcohol testing based on reasonable § 199.231 Access to facilities and
suspicion. records.
(iv) Certification that any training (a) Except as required by law or ex-
conducted under this subpart complies pressly authorized or required in this
with the requirements for such train- subpart, no employer shall release cov-
ing. ered employee information that is con-
tained in records required to be main-
§ 199.229 Reporting of alcohol testing tained in § 199.227.
results. (b) A covered employee is entitled,
(a) Each large operator (having more upon written request, to obtain copies
than 50 covered employees) shall sub- of any records pertaining to the em-
mit an annual MIS report to PHMSA of ployee’s use of alcohol, including any
its alcohol testing results using the records pertaining to his or her alcohol
Management Information System tests. The operator shall promptly pro-
(MIS) form and instructions as re- vide the records requested by the em-
quired by 49 CFR part 40 (at § 40.25 and ployee. Access to an employee’s records
appendix H to part 40), not later than shall not be contingent upon payment
March 15 of each year for the previous for records other than those specifi-
calendar year (January 1 through De- cally requested.
cember 31). The Administrator may re- (c) Each operator shall permit access
quire by written notice that small op- to all facilities utilized in complying
erators (50 or fewer covered employees) with the requirements of this subpart
not otherwise required to submit an- to the Secretary of Transportation,
nual MIS reports to prepare and submit any DOT agency, or a representative of
such reports to PHMSA. a state agency with regulatory author-
(b) Each operator that has a covered ity over the operator.
employee who performs multi-DOT (d) Each operator shall make avail-
agency functions (e.g., an employee able copies of all results for employer
performs pipeline maintenance duties alcohol testing conducted under this
and drives a commercial motor vehi- subpart and any other information per-
cle), count the employee only on the taining to the operator’s alcohol mis-
MIS report for the DOT agency under use prevention program, when re-
which he or she is tested. Normally, quested by the Secretary of Transpor-
this will be the DOT agency under tation, any DOT agency with regu-
which the employee performs more latory authority over the operator, or
than 50% of his or her duties. Operators a representative of a state agency with
may have to explain the testing data regulatory authority over the operator.
for these employees in the event of a The information shall include name-
DOT agency inspection or audit. specific alcohol test results, records,
(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
641
§ 199.233 49 CFR Ch. I (10–1–15 Edition)
an accident investigation, an operator continue to perform covered functions,

shall disclose information related to until:
the operator’s administration of any (1) The employee’s alcohol concentra-
post- accident alcohol tests adminis- tion measures less than 0.02 in accord-
tered following the accident under in- ance with a test administered under
vestigation. § 199.225(e); or
(f) An operator shall make records (2) The start of the employee’s next
available to a subsequent employer regularly scheduled duty period, but
upon receipt of the written request not less than eight hours following ad-
from the covered employee. Disclosure ministration of the test.
by the subsequent employer is per- (b) Except as provided in paragraph
mitted only as expressly authorized by
(a) of this section, no operator shall
the terms of the employee’s written re-
take any action under this subpart
quest.
against an employee based solely on
(g) An operator may disclose infor-
test results showing an alcohol con-
mation without employee consent as
centration less than 0.04. This does not
provided by DOT Procedures con-
prohibit an operator with authority
cerning certain legal proceedings.
independent of this subpart from tak-
(h) An operator shall release informa-
ing any action otherwise consistent
tion regarding a covered employee’s
with law.
records as directed by the specific,
written consent of the employee au- § 199.239 Operator obligation to pro-
thorizing release of the information to mulgate a policy on the misuse of
an identified person. Release of such alcohol.
information by the person receiving
the information is permitted only in (a) General requirements. Each oper-
accordance with the terms of the em- ator shall provide educational mate-
ployee’s consent. rials that explain these alcohol misuse
requirements and the operator’s poli-
[Amdt. 199–9, 59 FR 7430, Feb. 15, 1994, as cies and procedures with respect to
amended by Amdt. 199–19, 66 FR 47119, Sept. meeting those requirements.
11, 2001]
(1) The operator shall ensure that a
§ 199.233 Removal from covered func- copy of these materials is distributed
tion. to each covered employee prior to start
of alcohol testing under this subpart,
Except as provided in §§ 199.239
and to each person subsequently hired
through 199.243, no operator shall per-
for or transferred to a covered position.
mit any covered employee to perform
covered functions if the employee has (2) Each operator shall provide writ-
engaged in conduct prohibited by ten notice to representatives of em-
§§ 199.215 through 199.223 or an alcohol ployee organizations of the availability
misuse rule of another DOT agency. of this information.
(b) Required content. The materials to
§ 199.235 Required evaluation and test- be made available to covered employ-
ing. ees shall include detailed discussion of
No operator shall permit a covered at least the following:
employee who has engaged in conduct (1) The identity of the person des-
prohibited by §§ 199.215 through 199.223 ignated by the operator to answer cov-
to perform covered functions unless the ered employee questions about the ma-
employee has met the requirements of terials.
§ 199.243. (2) The categories of employees who
are subject to the provisions of this
§ 199.237 Other alcohol-related con- subpart.
duct. (3) Sufficient information about the
(a) No operator shall permit a cov- covered functions performed by those
ered employee tested under the provi- employees to make clear what period
sions of § 199.225, who is found to have of the work day the covered employee
an alcohol concentration of 0.02 or is required to be in compliance with
greater but less than 0.04, to perform or this subpart.
642
(4) Specific information concerning § 199.241 Training for supervisors.

covered employee conduct that is pro- Each operator shall ensure that per-
hibited by this subpart. sons designated to determine whether
(5) The circumstances under which a reasonable suspicion exists to require a
covered employee will be tested for al- covered employee to undergo alcohol
cohol under this subpart. testing under § 199.225(b) receive at
(6) The procedures that will be used least 60 minutes of training on the
to test for the presence of alcohol, pro- physical, behavioral, speech, and per-
tect the covered employee and the in- formance indicators of probable alco-
tegrity of the breath testing process, hol misuse.
safeguard the validity of the test re-
§ 199.243 Referral, evaluation, and
sults, and ensure that those results are treatment.
attributed to the correct employee.
(7) The requirement that a covered (a) Each covered employee who has
engaged in conduct prohibited by
employee submit to alcohol tests ad-
§§ 199.215 through 199.223 of this subpart
ministered in accordance with this sub- shall be advised of the resources avail-
part. able to the covered employee in evalu-
(8) An explanation of what con- ating and resolving problems associ-
stitutes a refusal to submit to an alco- ated with the misuse of alcohol, includ-
hol test and the attendant con- ing the names, addresses, and tele-
sequences. phone numbers of substance abuse pro-
(9) The consequences for covered em- fessionals and counseling and treat-
ployees found to have violated the pro- ment programs.
hibitions under this subpart, including (b) Each covered employee who en-
the requirement that the employee be gages in conduct prohibited under
removed immediately from covered §§ 199.215 through 199.223 shall be evalu-
functions, and the procedures under ated by a substance abuse professional
§ 199.243. who shall determine what assistance, if
(10) The consequences for covered any, the employee needs in resolving
problems associated with alcohol mis-
employees found to have an alcohol
use.
concentration of 0.02 or greater but less
(c)(1) Before a covered employee re-
than 0.04. turns to duty requiring the perform-
(11) Information concerning the ef- ance of a covered function after engag-
fects of alcohol misuse on an individ- ing in conduct prohibited by §§ 199.215
ual’s health, work, and personal life; through 199.223 of this subpart, the em-
signs and symptoms of an alcohol prob- ployee shall undergo a return-to-duty
lem (the employee’s or a coworker’s); alcohol test with a result indicating an
and including intervening evaluating alcohol concentration of less than 0.02.
and resolving problems associated with (2) In addition, each covered em-
the misuse of alcohol including inter- ployee identified as needing assistance
vening when an alcohol problem is sus- in resolving problems associated with
pected, confrontation, referral to any alcohol misuse—
available EAP, and/or referral to man- (i) Shall be evaluated by a substance
agement. abuse professional to determine that
(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
(ii) Shall be subject to unannounced
operator policies with respect to the
follow-up alcohol tests administered by
use or possession of alcohol, including
the operator following the employee’s
any consequences for an employee
return to duty. The number and fre-
found to have a specified alcohol level, quency of such follow-up testing shall
that are based on the operator’s au- be determined by a substance abuse
thority independent of this subpart. professional, but shall consist of at
Any such additional policies or con-
least six tests in the first 12 months

sequences shall be clearly described as following the employee’s return to
being based on independent authority. duty. In addition, follow-up testing
643
§ 199.245 49 CFR Ch. I (10–1–15 Edition)
may include testing for drugs, as di- from referring an employee for assist-
rected by the substance abuse profes- ance provided through—
sional, to be performed in accordance (1) A public agency, such as a State,
with 49 CFR part 40. Follow-up testing county, or municipality;
shall not exceed 60 months from the (2) The operator or a person under
date of the employee’s return to duty. contract to provide treatment for alco-
The substance abuse professional may hol problems on behalf of the operator;
terminate the requirement for follow- (3) The sole source of therapeutically
up testing at any time after the first appropriate treatment under the em-
six tests have been administered, if the ployee’s health insurance program; or
substance abuse professional deter- (4) The sole source of therapeutically
mines that such testing is no longer appropriate treatment reasonably ac-
necessary. cessible to the employee.
(d) Evaluation and rehabilitation § 199.245 Contractor employees.
may be provided by the operator, by a
(a) With respect to those covered em-
substance abuse professional under
ployees who are contractors or em-
contract with the operator, or by a sub-
ployed by a contractor, an operator
stance abuse professional not affiliated
may provide by contract that the alco-
with the operator. The choice of sub-
hol testing, training and education re-
stance abuse professional and assign- quired by this subpart be carried out
ment of costs shall be made in accord- by the contractor provided:
ance with the operator/employee agree- (b) The operator remains responsible
ments and operator/employee policies. for ensuring that the requirements of
(e) The operator shall ensure that a this subpart and part 40 of this title are
substance abuse professional who de- complied with; and
termines that a covered employee re- (c) The contractor allows access to
quires assistance in resolving problems property and records by the operator,
with alcohol misuse does not refer the the Administrator, any DOT agency
employee to the substance abuse pro- with regulatory authority over the op-
fessional’s private practice or to a per- erator or covered employee, and, if the
son or organization from which the operator is subject to the jurisdiction
substance abuse professional receives of a state agency, a representative of
remuneration or in which the sub- the state agency for the purposes of
stance abuse professional has a finan- monitoring the operator’s compliance
cial interest. This paragraph does not with the requirements of this subpart
prohibit a substance abuse professional and part 40 of this title.
644

COMPLETE PHMSA Regs 10 1 15 Edition 190 199

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COMPLETE PHMSA Regs 10 1 15 Edition 190 199

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SUBCHAPTER D—PIPELINE SAFETY

PARTS 186–189 [RESERVED] Subpart D—Procedures for Adoption of

Administrator means the Adminis- State means a State of the United

ardous Materials Safety Administra- years of age, or by certified mail.

achieved by delivering a copy of the rious hardship if required to pay the

proceeding; and disposition of the petition or, if the re-

relevant to determining the compli- (e) If a representative of the U.S. De-

(3) If a civil penalty is proposed under posed compliance order—

agree to the proposed compliance in all enforcement proceedings con-

the proceeding. A party may commu-

other penalties to which such person § 190.213 or affirmed in a decision on a

ment, the Associate Administrator

terns of such areas; thereunder, the Administrator, or the

request by the operator, PHMSA will consent agreement, as applicable. In

ciate Administrator determines that the pipeline facility is located;

Board issued in connection with any ment of plans or procedures issued

(a) A respondent may petition the forcement proceeding.

cility operator; and

Pipeline and Hazardous Materials Safe- retary of Transportation (part 7 of this

(2) A reference to the authority under porated material must be identified by

statement of fact. Incorporation of ma- which there are no formal pleadings or

sociate Administrator or the Chief subpart and contained in this subpart.

rule in the FEDERAL REGISTER. Peti- lation in question is published in the

issue notice of the action taken on a specified comment period, generally 60

would be subject to the regulation. operating the pipeline pursuant to a

(7) A certification that operation of transportation. For purposes of this

of the notice, PHMSA will notify the

more of the enforcement actions under drated, or otherwise processed, which-

§ 191.1 Scope. § 191.3 Definitions.

(i) A death, or personal injury neces- ceiver, assignee, or personal represent-

association, State, municipality, coop- amended by Amdt. 191–5, 49 FR 18960, May 3,

§ 191.7 Report submission require- § 191.9 Distribution system: Incident

than March 15, 2012). Alternatively, an

191.5 ...................................................................................................................................... Telephonic.

program required by this part covering (5) Any malfunction or operating

or Federal Holidays) after the day a (1) Geospatial data, attributes,

Mapping System. Acceptable formats 192.55 Steel pipe.

192.187 Vaults: Sealing, venting, and ven-

192.328 Additional construction require- toring.

Subpart J—Test Requirements Subpart M—Maintenance

192.619 What is the maximum allowable op- 192.801 Scope.

(2) Pipelines on the Outer Conti- Administrator means the Adminis-

SMYS means specified minimum Welding operator means a person who

5 days a week for 10 weeks in any 12-

(4) A Class 4 location is any class lo- (2) [Reserved]

veloping organization at the addresses edition, October 2005, including errata/

§§ 192.225(a); 192.227(a); 192.229(c); cedures, Welders, Brazers, and Welding

(9) ASME Boiler & Pressure Vessel Specification for Electric-Fusion-Weld-

October 1, 2009, (ASTM A672/672M), IBR Vienna, VA 22180, phone: 703–281–6613,

(f) Manufacturers Standardization (2) [Reserved]

75062, phone: 469–499–1044, http:// tation, such as separators or

Type Feature Area Safety buffer

corrosion according to requirements of § 192.614.

Requirement Compliance deadline quirements of this part and NFPA 58

(a) Each plant that supplies petro-

§ 192.14 Conversion to service subject § 192.16 Customer notification.

of master meter systems may continu- meets the requirements of paragraph

under this part if: use under this part if:

§ 192.103 General. listed in section I of appendix B to this

that value is known. (a) Except as otherwise provided in

operating life of the pipeline;

§ 192.113 Longitudinal joint factor (E) for steel pipe.

The longitudinal joint factor to be determined in accordance with the fol-